Agenda of City Planning Committee Meeting

Agenda (Open Portion)

City Planning Committee Meeting

Page 4

2/11/2020

City Planning Committee Meeting (Open Portion) held Monday, 2 November 2020 at 5:00 pm.

This meeting of the City Planning Committee is held in accordance with a Notice issued by the Premier on 3 April 2020 under section 18 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020.

COMMITTEE MEMBERS

Deputy Lord Mayor Burnet (Chairman)

Briscoe

Harvey

Behrakis

Dutta

Coats

NON-MEMBERS

Lord Mayor Reynolds

Zucco

Sexton

Thomas

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, 19 October 2020 and the Special City Planning Committee meeting held on Monday, 26 October 2020, 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. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 10

2/11/2020

7.1 Applications under the Hobart Interim Planning Scheme 2015

7.1.1 8 Degraves Street, South Hobart and Adjacent Road Reserve - Partial Demolition and Alterations

PLN-20-170 - FILE REF: F20/112291

Address: 8 Degraves Street, South Hobart and Adjacent Road Reserve

Proposal: Partial Demolition and Alterations

Expiry Date: 25 November 2020

Extension of Time: Not applicable

Author: Victoria Maxwell

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for partial demolition and alterations at 8 DEGRAVES 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 PLN20170 8 DEGRAVES STREET SOUTH HOBART TAS 7004 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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.

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

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.

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.

Attachment a: PLN-20-170 - 8 DEGRAVES STREET SOUTH HOBART TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-20-170 8 DEGRAVES STREET SOUTH HOBART TAS 7004 - CPC Agenda Documents ⇩

Attachment c: PLN-20-170 - 8 DEGRAVES STREET SOUTH HOBART TAS 7004 - Planning Referral Officer Cultural Heritage Report ⇩

Attachment d: PLN-20-170 8 DEGRAVES STREET SOUTH HOBART TAS 7004 - CPC Supporting Documents ⇩

Item No. 7.1.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 357

2/11/2020

7.1.2 342 Argyle Street, North Hobart - Extension to Operating Hours

PLN-20-610 - FILE REF: F20/113488

Address: 342 Argyle Street, North Hobart

Proposal: Extension to Operating Hours

Expiry Date: 9 December 2020

Extension of Time: Not applicable

Author: Victoria Maxwell

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for extension to operating hours at 342 ARGYLE STREET NORTH HOBART TAS 7000 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 PLN20610 342 ARGYLE STREET NORTH HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 14

The noise and odour generated by the Food Services use must not cause environmental harm when measured at the boundary of the property.

Reason for the condition

To ensure noise emissions do not cause environmental harm and do not have an unreasonable impact on residential amenity.

PLN 6

The use must not be open to the public outside of the following hours:

· Monday – Sunday 11am 8pm.

Reason for condition

To ensure that nonresidential use does not unreasonably impact on residential amenity.

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.

PLANNING

To minimise interruption to the surrounding residential amenity, the applicant must ensure that the extraction mechanism is turned off within sixty (60) minutes of the close of business at night.

PLANNING

Nothing in this permit removes the requirement to comply with previous planning permit PLN18901 condition pertaining to signage, TasWater requirements and protection of Council infrastructure.

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.

LEVEL 1 ACTIVITIES

The activity conducted at the property is an environmentally relevant activity and a Level 1 Activity as defined under s.3 of the Environmental Management and Pollution Control Act 1994. For further information on what your responsibilities are, click here.

NOISE REGULATIONS

Click here for information with respect to noise nuisances in residential areas.

WASTE DISPOSAL

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.

Attachment a: PLN-20-610 - 342 ARGYLE STREET NORTH HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: 342 ARGYLE STREET NORTH HOBART TAS 7000 - CPC Agenda Documents ⇩

Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 391

2/11/2020

7.1.3 38A Nicholas Drive and 24 Gardenia Grove and Nicholas Drive, Sandy Bay - Fire Trail and Associated Works

PLN-20-360 - FILE REF: F20/112471

Address: 38A Nicholas Drive and 24 Gardenia Grove and Nicholas Drive, Sandy Bay

Proposal: Fire Trail and Associated Works

Expiry Date: 22 December 2020

Extension of Time: Not applicable

Author: Michaela Nolan

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for fire trail and associated works at 38A Nicholas Drive, Nicholas Drive and 24 Gardenia Grove, Sandy Bay 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 PLN20360  NICHOLAS DRIVE & 38 A NICHOLAS DRIVE & 24 GARDENIA GROVE, SANDY BAY 7005 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

THC

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 3026 dated 23 June 2020, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw6

All stormwater from the proposed fire trail must be discharged to the Council’s stormwater infrastructure or to a Council approved system with sufficient receiving capacity prior to the commencement of use or 30 days of completion of works (whichever occurs first). All costs associated with works required by this condition are to be met by the owner.

Design drawings and calculations of the proposed stormwater drainage and discharge points to the Council's stormwater infrastructure must be submitted and approved prior to the commencement of work. The design drawings and calculations must:

1. be prepared by a suitably qualified person;

2. show the proposed discharging points and all existing creeks;

3. include long section(s)/levels and grades to the point of discharge; and

4. details of proposed measures to avoid or mitigate erosion and scouring.

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

Advice:

The applicant is advised to submit detailed design drawings and calculations as part of their plumbing permit application. If detailed design to satisfy this condition is submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will still need to obtain a plumbing permit for the works.

Reason for condition

To ensure that stormwater from the site will be discharged adequately.

ENG 1

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

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

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

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

Reason for condition

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

ENV 9

Prior to the commencement of works, the edge of the Eucalyptus globulous dry forest vegetation community closest to the fire trail must be delineated and marked on site by a suitably qualified person. No works or disturbance (including storage or movement of vehicles) is to occur within the Eucalyptus globulous dry forest vegetation community as marked on site.

Reason for condition

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values.

ENV 11

The Weed and Hygiene Management Plan, included as Appendix F in the Flora and Fauna Habitat Survey by North Barker Ecosystem Services dated 30 November 2018, must be implemented.

Reason for condition

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values

ENV 2

An approved Construction Environmental Management Plan must be implemented.

Prior to the commencement of works, a Construction Environmental Management Plan must be submitted and approved. The Construction Environmental Management Plan must:

· detail the proposed construction methodology (particularly where works may have environmental impacts);

· identify all potential environmental impacts associated with the works including erosion and sediment transfer, weed spread or introduction and excessive clearing of vegetation; and

· include measures to adequately avoid or mitigate all identified environmental risks, including soil and water management measures, soil stabilisation measures, management of rock and soil (including on site stockpiling, soil importation or offsite disposal), management of cut vegetation, protection of vegetation to be retained and weed management.

Reason for condition

To minimise the potential for environmental impacts from the construction works

OPS 1

No encroachment is to occur on to adjacent private land. In sections where the private land boundary is very close to the new fire trail alignment, the lot boundary is to be marked on the ground before any works commence.

Reason for condition

To ensure that Council infrastructure is constructed on Councilowned land.

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.

PART 5 AGREEMENT

It is recommended that the measures recommended in section 14 of the Slope Stability Assessment be implemented.

Attachment a: PLN-20-360 - 38A NICHOLAS DRIVE SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-20-360 - 38A NICHOLAS DRIVE SANDY BAY TAS 7005 - CPC Agenda Documents ⇩

Attachment c: PLN-20-360 - 38A NICHOLAS DRIVE SANDY BAY TAS 7005 - Planning Referral Officer Cultural Heritage Report ⇩

Attachment d: PLN-20-360 - 38A NICHOLAS DRIVE SANDY BAY TAS 7005 - Planning Referral Officer Environmental Development Planner Report ⇩

Attachment e: PLN-20-360 - 38A NICHOLAS DRIVE SANDY BAY TAS 7005 - Planning Referral Officer Road and Environmental Engineering - Enviro Report ⇩

Attachment f: PLN-20-360 - 38A NICHOLAS DRIVE SANDY BAY TAS 7005 - CPC Supporting Documents ⇩

People	We care about people – our community, our customers and colleagues.
Teamwork	We collaborate both within the organisation and with external stakeholders drawing on skills and expertise for the benefit of our community.
Focus and Direction	We have clear goals and plans to achieve sustainable social, environmental and economic outcomes for the Hobart community.
Creativity and Innovation	We embrace new approaches and continuously improve to achieve better outcomes for our community.
Accountability	We are transparent, work to high ethical and professional standards and are accountable for delivering outcomes for our community.