Supplementary Agenda of City Planning Committee Meeting

Item No. 11

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 6

2/11/2020

11 45 Elizabeth Street, Hobart and Adjacent Road Reserve - Partial Demolition, Alterations, Extension and Change of Use to General Retail Hire and Five Multiple Dwellings

PLN-20-524 - FILE REF: F20/116130

Address: 45 Elizabeth Street, Hobart and Adjacent Road Reserve

Proposal: Partial Demolition, Alterations, Extension and Change of Use to General Retail Hire and Five Multiple Dwellings

Expiry Date: 11 November 2020

Extension of Time: Not applicable

Author: Victoria Maxwell

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, alterations, extension and change of use to general retail and hire and five multiple dwellings at 45 ELIZABETH STREET HOBART TAS 7000 for the following reasons:

1 The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.1 P1 (a) and (b) of the Historic Heritage Code of the Hobart Interim Planning Scheme 2015 because the proposed demolition will result in the loss of early significant fabric and items (signage and architectural details) that contribute to the historic heritage significance of a heritage listed place.

2 The proposal does not meet the acceptable solution or the performance criterion with respect to clause E17.7.2 P1 (a) to (i) of Signs Code of the Hobart Interim Planning Scheme 2015 because the proposed demolition will result in the loss of early significant fabric and items (signage) that contribute to the historic heritage significance of a heritage listed place.

Attachment a: PLN-20-524 - 45 ELIZABETH STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-20-524 45 ELIZABETH STREET HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-20-524 45 ELIZABETH STREET HOBART TAS 7000_ Consultant Heritage Officer Report - Final 20201029 ⇩

Attachment d: PLN-20-524 45 ELIZABETH STREET HOBART TAS 7000 - CPC Supporting Documents ⇩

Item No. 11

Supplementary Agenda (Open Portion)

City Planning Committee Meeting - 2/11/2020

Page 82

ATTACHMENT b

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Item No. 12

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 177

2/11/2020

Memorandum: City Planning Committee

63 Davey Street, Hobart - Demolition, New Building for 30 Multiple Dwellings and 21 Student Accommodation Units including Carparking, and Associated Infrastructure and Access Works - PLN-19-319

At the Council meeting on 26 October 2020, the applicant requested that this item be deferred to allow the applicant to provide revised plans for consideration. The Council supported the deferral motion, with the item due to return to the Council on 9 November 2020.

A copy of the revised plans are at Attachment A. A copy of the planning report (along with the original plans) is at Attachment B.

It is important to note that the revised plans cannot be accepted as an amendment to the application, to replace the original plans. The Supreme Court has made it clear that it is not possible to amend an application after it has been advertised.

However, the Council can effectively amend an application by imposing conditions, as long as the changes do not make the proposal “substantially different”. The Council may decide that the proposal would satisfy the Scheme if it was altered by imposing certain conditions, which would effectively incorporate the revised plans.

This is a subtle but significant difference.

Through providing the revised plans, the applicant has addressed the first ground of refusal which is based on an analysis of streetscape and townscape. It is agreed by the Council’s Development Appraisal Planner that, if the revised plans are incorporated into a permit granted by the Council, then the acceptable solution would be met for clause 22.4.1 A1 of the Scheme.

Conclusion

Despite the proposed changes, there is no change to the recommendations to the Council; it is still recommended for refusal based on the grounds as stated in the planning report.

The Senior Cultural Heritage Officer has indicated that the revised plans do not sufficiently address the reasons for refusal which are provided in the planning report, and on that basis, the recommendation for refusal remains.

Given that the proposal continues to be recommended for refusal on heritage grounds, the assessment by the Development Appraisal Planner for clause 22.4.1 will continue on the original plans (not the revised plans) and also continues to be recommended for refusal on that basis.

Conditions

Legal advice has been provided that the changes as proposed by the revised plans would not be substantially different from the original proposal, and it is possible for the Council to approve the proposal with appropriate conditions which clarify the specific changes.

A set of conditions, including conditions which incorporate the changes in the revised plans, will be provided to Elected Members prior to the meeting on Monday.

REcommendation

Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for Demolition, New Building for 30 Multiple Dwellings and 21 Student Accommodation Units including Carparking, and Associated Infrastructure and Access Works at 63 Davey Street and 186 Macquarie Street, and Adjacent Road Reserve, HOBART for the following reasons:

1 The proposal does not meet the acceptable solution or the performance criterion with respect to clause Part D 22.4.1 A1 and P1.1(a) of the Hobart Interim Planning Scheme 2015 because the development does not make a positive contribution to the streetscape and townscape, having regard to the height, bulk and design of existing and proposed buildings.

2 The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 P1 of the Historic Heritage Code of the Hobart Interim Planning Scheme 2015 because the proposal results in detriment to the historic cultural heritage significance of the precinct through its design and siting.

3 The proposal does not meet the acceptable solution or the performance criterion with respect to clause 22.4.1 P5 of the Historic Heritage Code of the Hobart Interim Planning Scheme 2015 because the proposed building unreasonably dominates and has a materially adverse impact on adjacent existing buildings of cultural heritage significance through its height.

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.

Karen Abey

Manager Development Appraisal

Date: 30 October 2020

File Reference: F20/116068

Attachment a: PLN-19-319 - 63 DAVEY STREET HOBART TAS 7000 - Amended Plan - additional information ⇩

Attachment b: PLN-19-319 - 63 DAVEY STREET HOBART TAS 7000 - Original report and drawings ⇩

Item No. 12

Supplementary Agenda (Open Portion)

City Planning Committee Meeting - 2/11/2020

Page 247

ATTACHMENT b

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Item No. 13

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 522

2/11/2020

Memorandum: City Planning Committee

19 Allison Street, West Hobart - Partial Demolition and Alterations

At its meeting on 19 October 2020, the Council’s City Planning Committee resolved to defer item 7.1.7 19 Allison Street, West Hobart – Partial Demolition and Alterations. The Committee’s resolution was as follows:

That the matter be deferred for two weeks to enable conciliation between the applicant and the neighbours of 17 Allison Street, West Hobart.

A meeting was held between the applicants and the three representors at the Council offices, moderated by the Manager Development Appraisal. This provided an opportunity for the representors to raise their concerns in detail and make proposals about how their concerns would be addressed.

Subsequent to that meeting, the applicants proposed some design alterations to the deck and screening, in an attempt to meet the concerns of the representors. As a result of the discussions, one representor has indicated that she no longer maintains her objection to the proposed works. Another representor has indicated that the proposed alterations were not sufficient to address her concerns. The other representor did not agree to the changes which were proposed and proposed further changes, which were not acceptable to the applicants.

The current proposal by the applicants is for the proposed screening condition to be amended to the following, with an additional advice clause requiring further vegetation:

In addition to the screening shown on the plans which form part of this application, screening must be installed prior to the first use of the deck and maintained, as follows:

(a) on the side of the deck adjacent to 17 Allison Street;

(b) to a height above deck surface level of 1.7m;

(c) extending 2m from the point where the deck joins the house; and

(d) constructed of white aluminium slats.

Reason for condition

To provide reasonable opportunity for privacy for the dwelling at 17 Allison Street.

Advice

The owner is encouraged to use pot plants and other vegetation along the full width of the side of the deck adjacent to 17 Allison Street to provide additional privacy.

The applicants have also proposed that the deck is reduced in width by 0.5m to 4m.

PLN 2

The deck must be reduced to a maximum depth (measurement from the house to the front edge) of 4.0m.

Reason for condition

To reduce the visual impacts of the development.

These conditions are supported by the planner who assessed the application and recommended approval. The proposed changes do not make this a “substantially different” application and can be imposed through conditions.

The revised recommendation with this new condition is as follows:

REcommendation

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 19 Allison Street, WEST 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 PLN20550 19 ALLISON STREET, WEST HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 1

In addition to the screening shown on the plans which form part of this application, screening must be installed prior to the first use of the deck and maintained, as follows:

(a) on the side of the deck adjacent to 17 Allison Street;

(b) to a height above deck surface level of 1.7m;

(c) extending 2m from the point where the deck joins the house; and

(d) constructed of white aluminium slats.

Reason for condition

To provide reasonable opportunity for privacy for the dwelling at 17 Allison Street.

PLN 2

The deck must be reduced to a maximum depth (measurement from the house to the front edge) of 4.0m.

Reason for condition

To reduce the visual impacts of the development.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

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

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.

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.

PRIVACY

The owner is encouraged to use pot plants and other vegetation along the full width of the side of the deck adjacent to 17 Allison Street to provide additional privacy.

Karen Abey

Manager Development Appraisal

Date: 30 October 2020

File Reference: F20/116006

Attachment a: PLN-20-550 - 19 ALLISON STREET WEST HOBART TAS 7000 - Planning Committee or Delegated Report with attachments ⇩

Item No. 14

Supplementary Agenda (Open Portion)

City Planning Committee Meeting

Page 555

2/11/2020

Memorandum: city planning committee

42-44 Burnett Street, North Hobart - PLN-20-633

Background

The Land Use Planning and Approvals Act 1993 requires that an application is determined based on the planning scheme which is in effect as at the date of the decision, not the date of the application. This can make it very difficult for developers if there is a change to the applicable scheme after the date of the application and before the date of determination.

The Hobart Interim Planning Scheme 2015 has recently been amended, with the amendments to take effect on 19 November 2020. The amendments introduce various amenity improvements to apartment-style developments.

The amendments were properly advertised, then assessed and approved by the Tasmanian Planning Commission. The Development Appraisal Unit has communicated with applicants and their consultants about the nature of the amendments and the timing of them.

Current Application

The application is broadly described as follows:

The proposal is to demolish existing structures at 40 Burnett Street and 42-44 Burnett Street and construct a new seven storey building (two below ground floors and five above ground floors) that is primarily for 31 multiple dwellings. The ground floor is proposed to also contain commercial space with direct frontage to Burnett Street.

The site is located between Argyle and Elizabeth Street. There is an existing single storey building on the site at 42-44 Burnett Street. This was most recently used as Novus Windscreen repairs.

This applicant presented the proposed applicant to a “pre-application” meeting of the Urban Design Advisory Panel (UDAP) on 27 August 2020, which is a voluntary process. At that meeting, it was made clear that if the applicant wished to have the application determined prior to the commencement of the amendments to the Scheme then an application should be made as soon as possible.

It was clear at the UDAP meeting that the applicant had committed significant resources to the preparation of the application, including consulting with various experts regarding the proposal.

UDAP was broadly supportive of the pre-application proposal, although some suggestions were made in relation to the design.

An application was made on 22 September 2020. UDAP is due to consider the application as submitted on 5 November 2020.

If the application is not able to be determined prior to 19 November 2020 then a redesign may be necessary and the costs of preparing the application to date may be wasted.

Delegations

If there are 6 or more representations then the application would need to be determined by the Council. The advertising period does not end until 11 November 2020, so it is too early to tell whether or not there will be 6 or more representations. Given the location of the proposed development, it is possible that there will be at least 6 representations.

The officer assessment has not been completed and so it is too early to say whether it will be recommended for approval or refusal. If recommended for refusal then the application would need to be determined by the Council.

The back-up delegation to the Director City Planning would only be activated in the event that there is a tied vote. This is to prevent the scenario where the Committee considers the application on 16 November 2020 and has tied votes, so that there is no decision on the application. There would be insufficient time to call a special Council meeting to be held prior to 18 November 2020.

A planned special Council meeting on 18 November is an alternative to the proposed delegations.

REcommendation

That:

1. There is a specific delegation made by the Council to the City Planning Committee to determine this application, as follows:

a. The Council, pursuant to section 6(3) of the Land Use Planning and Approvals Act 1993, delegates to the City Planning Committee, the power to determine planning application reference PLN-20-633 for the property at 42-44 Burnett Street, North Hobart.

b. The Council, pursuant to section 6(3) of the Land Use Planning and Approvals Act 1993, delegates to the Director City Planning the power to determine planning application reference PLN-20-633 for the property at 42-44 Burnett Street, North Hobart in circumstances where the application has been considered by the City Planning Committee and the Committee has not determined the application due to the vote on a motion being tied. The application must be determined by following the recommendation of the Council’s officers, as specified in the report provided to the Committee.

Neil Noye

Director City Planning

Date: 30 October 2020

File Reference: F20/115977