Agenda (Open Portion)

Council Meeting

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22/2/2021

Agenda (Open Portion)

Council Meeting

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22/2/2021

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Tuesday, 9 February 2021, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Agenda (Open Portion)

Council Meeting

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22/02/2021

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, extension, signage and change of use to hotel industry at 35 Melville Street, Hobart for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 15 February 2021 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 PLN­20­723­ 35 MELVILLE STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 6

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

Reason for condition

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

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.

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 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 13

An ongoing waste management plan for all insert commercial 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.

2.      the screening of the waste bins to the satisfaction of the Director City Planning.

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

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 superintendent, 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.

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 3a

The access driveway, parking module (parking spaces, aisles and manoeuvring area) and loading/unloading areas must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required) and

AS2890.2:2002, 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, parking module (parking spaces, aisles and manoeuvring area) and loading/unloading area design must be submitted and approved, prior to the, issuing of any approval under the Building Act 2016.

The access driveway, parking module (parking spaces, aisles and manoeuvring area) and loading/unloading area 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 AS2890.2:2002,

3.      Where the design deviates from AS/NZS2890.1:2004 and AS2890.2:2002 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use for all vehicles (including commercial vehicles) proposed to access the property,

4.      Provide a longitudinal section that shows the lowest vertical clearance from the access driveway surface to under eaves or other obstructions for the full length of the access driveway,

5.      Show the vehicle class for largest commercial vehicle capable of accessing the on site loading/unloading area for vertical clearance,

6.      Show the provision of signage that identifies the lowest vertical clearance for the full length of the access driveway,

7.      Show gradients of the parking spaces and loading/unloading area,

8.      Show the bicycle parking spaces for employees and customers, and

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

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, parking module (parking spaces, aisles and manoeuvring area) and loading/unloading area must be constructed in accordance with the design drawings approved by Condition ENG 3b.

Prior to the commencement of use, 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 5

The minimum number of car parking spaces approved on the site, for use is seven (7).

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 commencement of use.

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 approved on the site, for use is sixteen (16).  All sixteen (16) bicycle parking spaces must be provided prior to the commencement of use.

Bicycle parking facilities are to be provided in accordance with Australian Standards AS/NZS 2890.3 or a Council City Planning Division approved alternate design, prior to commencement of use.

Advice:

Please contact Council's Traffic Engineer Unit to discuss approval of alternate designs.

Reason for condition

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

ENG 9

All car parking spaces for people with disabilities must be delineated to Australian/NZS Standard, Parking facilities Part 6: Off­street parking for people with disabilities AS/NZS 2890.6: 2009, prior to the commencement of the use.

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.

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.

HER 11

The stone wall and capping stones along the Melville Street frontage, either side of the pedestrian entry and returns on the south west and north east must be retained and conserved in situ to the highest standard using lime rich mortar. Any nearby excavation or demolition must not damage the stone wall. Temporary and permanent bracing must be installed to ensure the stone wall does not collapse during or post construction.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing all conservation works and temporary and permanent bracing in accordance with the above requirement.

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

Advice:

The conservation of the wall must be to the highest standard. The construction method and of the wall degree of stability of the wall is not certain, such that all excavation must be undertaken with the supervision of a suitably qualified historic heritage expert. Should any variance to the design be required due to unexpected finds or site conditions, the entry and access should be redesigned. A separate planning approval may be required.

Reason for condition

To ensure that development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER 6

All onsite excavation and disturbance between the front stone wall and the existing building and elsewhere on site, must be monitored by a suitably qualified archaeologist. Should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

1.      All excavation and/or disturbance must stop immediately; and

2.      A qualified archaeologist must be engaged to provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and

3.      All and any recommendations made by the archaeologist engaged in accordance with (2) above must be complied with in full; and

4.      All features and/or deposits discovered must be reported to the Council with 1 days of the discovery; and

5.      A copy of the archaeologists advice, assessment and recommendations obtained in accordance with paragraph (2) above must be provided to Council within 60 days of receipt of the advice, assessment and recommendations.

Excavation and/or disturbance must not recommence unless and until approval is granted from the Council.

Reason for condition

To ensure that work is planned and implemented in a manner that seeks to understand, retain, protect, preserve and manage significant archaeological evidence.

HER 17a

The proposed palette of exterior colours, materials and finishes as described in drawing A106 revision i,  'Proposed Elevations' dated 12/01/221 and drawing A07, revisions G, 'Proposed Elevations", dated 01/12/20 are not approved and must be revised to be consistent and be complementary and sympathetic to the palette of colours, materials and finishes of the listed site.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing exterior colours, materials and finishes in accordance with the above requirement.

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

Reason for condition

To ensure that development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER 20

The plantings shown in the submitted drawings Proposed Elevations, drawing A07, Rev G and Proposed Elevations, drawing A105, Rev i are not approved. The site must be landscaped with plants appropriate to the growing conditions and the historic setting. All landscaping shown in an approved landscaping plan must be undertaken prior to completion.

Prior to the issue of any approval under the Building Act 2016, a landscaping plan must be prepared by a suitably qualified landscape architect and be submitted and approved in accordance with the above requirements and include:

1.      a scale, dimensions and north point;

2.      details of surface finishes of pathways and/or driveways;

3.      a planting schedule

4.      details of any irrigation systems and a corresponding assessment of the impact of the irrigation system so as to not create runoff, damp, salt attack and deterioration of the stone wall.

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

Reason for condition

To ensure that development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER s3

Revised and detailed plans prepared by a suitably qualified person in historic heritage must be submitted for the new front steps, wheelchair lift, landings and handrail to be sympathetic and subservient to the historic cultural heritage significance of the place.

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

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

Reason for condition:

To ensure that development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

ENVHE 1

Recommendations in the report Environmental Site Assessment, 35 Melville St, Hobart December 2020 prepared by GES must be implemented for the duration of the development of the site. This includes implementation of a soil and water management plan. A specific contamination management plan is not considered necessary.

Reason for condition

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

ADVICE

Contact details:

To provide a contact number in the case of issues that require resolution

ADVICE

Landscape screening:

That mature tree plantings be considered at the rear of the property for the screening of 40-42 Brisbane Street.

ADVICE

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

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

CONDITION ENDORSEMENT PLANNING

If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning portal.

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

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

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.

PLANNING

Consideration should be given to implement measures to minimise noise emissions and potential light spill to the adjoining residential use.

STORMWATER

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

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.

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.

A recommendation will be submitted at the meeting.

That the report of the Director City Planning be received and noted:

1.      During the period 1 January 2021 to 31 January 2021, 41 building permits were issued to the value of $6,878,390 which included:

(i)      21 for Extensions/Alterations to Dwellings to the value of $3,584,000;

(ii)     9 New Dwellings to the value of $3,508,390; and

(iii)    No Major Projects.

2.      During the period 1 January 2020 to 31 January 2021, 36 building permits were issued to the value of $9,774,648 which included:

(i)      16 for Extensions/Alterations to Dwellings to the value of $1,796,647;

(ii)     6 New Dwellings to the value of $2,924,500;

(iii)    2 Major Projects:

(a)     4 Glover Drive, Sandy Bay - New Buildings (House) - $1,100,000; and

(b)     85-99 Collins Street, Hobart - Commercial Internal Alterations - $2,896,000.

3.      In the twelve months ending January 2021, 646 building permits were issued to the value of $177,509,986 and

4.      In the twelve months ending January 2020, 612 building permits were issued to the value of $301,348,994.

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Motion:

“That Council,

1.         Note the work being undertaken under the Hobart City Deal to improve public transport infrastructure within Greater Hobart, and continue to work with the State Government to expedite the implementation of policies to improve public transport services within the City;

2.         Note that the choice to work to improve public transport services and road/parking infrastructure are not mutually exclusive solutions to improving the commute of Hobartians, and that a combination of policies are required;

3.         Investigates locations within the municipality which could be utilised as full day park and ride facilities;

4.         Considers the implementation of early bird parking in Hobart Central and other Council owned car parks, with the exception of Argyle Street.”

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That:   1.    The Council approve the following changes to the 2020-21 Estimates listed below which will result in a deterioration of the underlying result by a further $0.153M from the changes put forward in September to a deficit of $12.624M.

Ø Labour expenses reduction $0.686M

Ø Materials & Services reduction $2.255M

Ø Energy Costs expense reduction $0.023M

Ø Finance Costs expense reduction $0.025M

Ø Other expenses reduction $0.062M

Ø Rates and charges revenue increase $0.102M

Ø Fees and charges revenue reduction $2.673M

Ø Operating grants reduction $0.031M

Ø Interest revenue reduction $0.04M

Ø Rents revenue reduction $0.597M

Ø Capital expenditure for new assets $0.519M

Ø Reduction in renewal capital works $0.050M

2.    The Council conduct a workshop in late February / early March to consider the long-term financial options for the City of Hobart.

That:   1.    The provision of seven (7) free parking spaces to Ronald McDonald House Charity in the Argyle Street Car Park be discontinued, on the provision of 30-days written notice, following the conclusion of the initial 3-month period on 3^rd February 2021.

2.    A new Patient Assisted Travel Scheme rate of $5 per day, or other similar contribution, be established to replace the Special Circumstances Rate of $8 per day.

3.    A simple process be implemented by Council officers to provide Ronald McDonald House Charity guests with access to the new Patient Assisted Travel Scheme rate of $5 per day equalling a total annual benefit of approximately $10,757.

That:   1.    The Council endorse a holistic statewide approach to the registration of lobbyist and developer contact with Tasmanian elected representatives.

2.    The Council write to the Minister for Local Government in regard to developing a statewide legislative approach for the registration of local government lobbyists and developers for elected members during the consultation process for the Draft Local Government Bill.

3.    A report be provided to the Council on the outcome, at the appropriate time.

That:  1.    Given the commercial nature of the event, the non-community hire rate be applied to the Tasmanian Boxing League’s world title fight to be held on 27 March 2021, to wit $5,808.

2.     The General Manager be authorised to negotiate a sponsorship arrangement between City of Hobart and the Tasmanian Boxing League for the event, with the value of the arrangement to be discounted from the non-community rate of $5,808 applying to the Tasmanian Boxing League for the hire of City Hall.

           3.    In accordance with the Council Policy ‘Grants and Benefits Disclosure’ the in-kind benefit to the Tasmanian Boxing League from reduced venue hire fees be disclosed in the City’s Annual Report.

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That:   1.    A lease to the Hobart Football Club over the clubrooms, changerooms and kiosk at TCA Ground, 2 Davies Avenue, Queens Domain for a period of five (5) years, with an option for a further five (5) years, be approved, subject to no objections being received during the statutory community engagement process required under Sections 178 and 179 of the Local Government Act 1993.

(i)    Should any objections be received during the community engagement period, a further report will be provided to the Council.

2.    The leased area, as indicated in paragraph 4.1.2 of item 6.1 of the Open Parks and Recreation Committee agenda of 11 February 2021, be provided at a nominal annual rent ($50 per annum)

3.    The General Manager be authorised to finalise the terms and conditions of the lease.

4.    In accordance with the Council Policy ‘Grants and Benefits Disclosure’ the benefit recognised to the Hobart Football Club by way of reduced rental as part of the new lease be disclosed in the City’s Annual Report.

5.    Council officers engage with the Hobart Football Club, and other kiosk lessees, to promote healthy kiosk food options.

Item No. 17

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Item No. 17

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Councillor A M Reynolds

Lord Mayor

Item No. 17

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ATTACHMENT a

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