City
of hobart
MINUTES
City Planning Committee Meeting
Open Portion
Monday, 15 November 2021 at 5:00pm
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Minutes (Open Portion) City Planning Committee Meeting |
Page 2 |
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15/11/2021 |
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APOLOGIES AND LEAVE OF ABSENCE
1. Co-Option of a Committee Member in the event of a vacancy
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6. Planning Authority Items - Consideration of Items with Deputations
7. Committee Acting as Planning Authority
7.1 Applications under the Sullivans Cove Planning Scheme 1997
7.1.1 19 Morrison Street, Hobart - Partial Demolition, Alterations, Extension and Signage
7.2 Applications under the Hobart Interim Planning Scheme 2015
7.2.1 1 Trumpeter Street, Battery Point - Partial Demolition, Alterations, and Extension
7.2.2 72 Summerhill Road, West Hobart - Two Multiple Dwellings
7.2.3 14 Quorn Street, Sandy Bay - Outbuilding
8.3 Monthly Planning Statistics - 1 October - 31 October 2021
8.4 Monthly Building Statistics - 1 October - 31 October 2021
8.5 Delegated Decision Report (Planning)
8.6 City Planning - Advertising Report
10. Closed Portion of the Meeting
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Minutes (Open Portion) City Planning Committee Meeting |
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15/11/2021 |
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City Planning Committee Meeting (Open Portion) held on Monday, 15 November 2021 at 5:00 pm in the Council Chamber, Town Hall.
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.
The title Chief Executive Officer is a term of reference for the General Manager as appointed by Council pursuant s.61 of the Local Government Act 1993 (Tas).
COMMITTEE MEMBERS Deputy Lord Mayor Burnet (Chairman) Briscoe Harvey Behrakis Dutta Coats
PRESENT: The Deputy Lord Mayor Councillor H Burnet (Chairman), Alderman J R Briscoe, Councillor W F Harvey, Alderman S Behrakis, Councillors M Dutta and W Coats.
APOLOGIES: Nil.
LEAVE OF ABSENCE: Nil.
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NON-MEMBERS Lord Mayor Reynolds Zucco Sexton Thomas Fox Sherlock
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No Elected Members were co-opted to the Committee.
HARVEY
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The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 1 November 2021, be confirmed as an accurate record.
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MOTION CARRIED VOTING RECORD
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The minutes were signed.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer.
No supplementary items were received.
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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 conflicts 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.
No interest was indicated.
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?
No items were transferred.
In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer 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.
BEHRAKIS
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.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
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Briscoe |
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Harvey |
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Behrakis |
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Dutta |
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Coats |
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Minutes (Open Portion) City Planning Committee Meeting |
Page 27 |
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15/11/2021 |
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In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.
In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.
The Committee is reminded that in order to comply with Regulation 25(2), the Chief Executive Officer is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.
Item 7.2.1 was then taken.
7.1 Applications under the Sullivans Cove Planning Scheme 1997
Mr Cameron Brett, Mr Paul Davies (Representors), Ms Yvette Neilson and Mr Chris Mallalue (Applicant) addressed the Committee in relation to item 7.1.1
7.1.1 19 Morrison Street, Hobart - Partial Demolition, Alterations, Extension and Signage |
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COATS
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That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 8 November 2021, be adopted, as amended by the addition of the following condition ENV s2: “ENV s2
Prior to operation of the venue, a Noise Management Plan prepared by a suitable qualified acoustic engineer must be submitted and approved. The NMP must include measures to minimise and mitigate noise emissions from the venue so that environmental harm (as defined by the Environmental Management and Pollution Control Act 1994) is unlikely to be caused to the occupants of nearby noise sensitive uses (residential and visitor accommodation), or so that measures will be used to reduce the risk of environmental harm as far as reasonably practicable. The NMP must be based on the findings of an approved Noise Impact Assessment which must: · be prepared by a suitably qualified acoustic engineer; · include noise modelling to estimate noise levels inside and outside of noise-sensitive uses that would be most affected by noise emissions from the venue; and · include reference to best-practice standards and guidelines including the Tasmanian Environment Protection Policy (Noise) 2009 and the Victorian Environment Protection Regulations 2021. The NMP must, but is not limited to: · specify noise limits for background, amplified and non-amplified music from all levels of the premises; · include measures to ensure noise limits are complied with; and · include detailed noise complaint record-keeping and response protocols. Reason for condition
To clarify the scope of the permit.”
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AMENDMENT BRISCOE
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That condition PLN 6 be revised and an additional condition HER 17a be included, to replace condition HER 17c to read as follows:
“PLN 6
The hours of operation of the use when open to the public are:
HER 17a
Prior to the issue of any approval
under the Building Act 2016, revised plans must be submitted and approved as
a Condition Endorsement showing exterior colours, materials and finishes.
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AMENDMENT CARRIED VOTING RECORD
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SUBSTANTIVE MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Sullivans Cove Planning Scheme 1997, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for partial demolition, alterations, extension and signage at 19 Morrison Street, Hobart 7000 for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 15 November 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 PLN21618 19 MORRISON STREET HOBART TAS 7000 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
PLN 6
The hours of operation of the use when open to the public are:
Reason for condition
To clarify the scope of the permit
Advice
ENV s2 Prior to operation of the venue, a Noise Management Plan prepared by a suitable qualified acoustic engineer must be submitted and approved. The NMP must include measures to minimise and mitigate noise emissions from the venue so that environmental harm (as defined by the Environmental Management and Pollution Control Act 1994) is unlikely to be caused to the occupants of nearby noise sensitive uses (residential and visitor accommodation), or so that measures will be used to reduce the risk of environmental harm as far as reasonably practicable. The NMP must be based on the findings of an approved Noise Impact Assessment which must: · be prepared by a suitably qualified acoustic engineer; · include noise modelling to estimate noise levels inside and outside of noise-sensitive uses that would be most affected by noise emissions from the venue; and · include reference to best-practice standards and guidelines including the Tasmanian Environment Protection Policy (Noise) 2009 and the Victorian Environment Protection Regulations 2021. The NMP must, but is not limited to: · specify noise limits for background, amplified and non-amplified music from all levels of the premises; · include measures to ensure noise limits are complied with; and · include detailed noise complaint record-keeping and response protocols. Reason for condition
To clarify the scope of the permit.
HER 17a
Prior to the issue of any approval under
the Building Act 2016, revised plans must be submitted and approved as a
Condition Endorsement showing exterior colours, materials and finishes.
OPS 5
There is a Tilia platyphyllos Broadleaved Lime street tree adjacent to 17 Morrison Street. This tree must not be damaged during the works. No excavation, placement of fill, storage of materials or soil disturbance is to occur underneath the tree. There must be no pruning, lopping or damage to the tree including its trunk and roots. Details of street tree protection measures must be clearly notated on any plans submitted to the Council under the Building Act 2016.
Reason for condition
To maintain the amenity value of the City's street trees as per the City of Hobart Street Tree Strategy.
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.
FEES AND CHARGES
Click here for information on the Council's fees and charges.
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Delegation: Committee
Item 7.2.3 was then taken.
7.2 Applications under the Hobart Interim Planning Scheme 2015
Ms Susan Blackburn, Mr Andrew Edwards (Representors) and Mr Frazer Read (Applicant) addressed the Committee in relation to item 7.2.1.
7.2.1 1 Trumpeter Street, Battery Point - Partial Demolition, Alterations, and Extension |
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BRISCOE
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That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 4 November 2021, be adopted. |
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MOTION LOST VOTING RECORD
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HARVEY
That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, alterations, and extension, at 1 Trumpeter Street, Battery Point 7004 due to the extensive loss of internal heritage fabric described in the proposal.
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MOTION LOST VOTING RECORD
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COMMITTEE RESOLUTION: |
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That in the absence of a recommendation from the City Planning Committee and in the event that an extension of time is not granted from the applicant the decision fall under the delegation of the Director City Planning. |
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a Susan Blackburn - Deputation Supporting Information - 1 Trumpeter
Street ⇨ |
Delegation: Committee
Mr Travis Purton (Representor) and Mr Russell Tunks (Applicant) addressed the meeting in relation to item 7.2.2.
Item 7.1.1 was then taken.
Delegation: Committee
HARVEY
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That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal Planner of 4 November 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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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 an outbuilding, at 14 Quorn Street, Sandy Bay 7005 for the reasons outlined in the officer’s report attached to item 7.2.3 of the Open City Planning Committee agenda of 15 November 2021and 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 PLN21623 14 QUORN STREET SANDY BAY TAS 7005 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 2021/01764HCC dated 20/10/2021 as attached to the permit.
Reason for condition
To clarify the scope of the permit.
PLN s1
The proposed outbuilding has been assessed and approved for domestic purposes associated with the existing residential use of the site only and must not be used for residential occupation as a dwelling or for any commercial purposes without separate approval from Council.
Reason for condition
To clarify the scope of the permit.
ENG sw1
Prior to first occupation or commencement of use (whichever occurs first), 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.
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 8
No car parking space(s) have been approved for use within the proposed outbuilding/garage, as part of this permit.
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.
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.
STORM WATER
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.
FEES AND CHARGES
Click here for information on the Council's fees and charges.
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Delegation: Committee
8. Reports
8.1 Proposal to Amend the Southern Tasmania Regional Land Use Strategy by Extending the Urban Growth Boundary at 52 Richardsons Road, Sandford |
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HARVEY
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That the recommendation contained in the report of the Manager City Futures and the Director City Planning of 9 November 2021, be adopted. |
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MOTION LOST VOTING RECORD
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COATS
That the Council not have a position in relation to the proposal for an amendment to the Southern Tasmania Regional Land Use Strategy 2010-2035 to extend the Urban Growth Boundary to include approximately 12ha of the land at 52 Richardson Road, Sandford.
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MOTION LOST VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the matter be referred to the Council without recommendation.
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Delegation: Council
8.2 Proposal to Amend the Growth Strategy for Orford in the Southern Tasmanian Regional Land Use Strategy |
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BEHRAKIS
That the Council not have a position on the Glamorgan Spring Bay Council’s proposal to amend the growth management strategy for Orford township under the Southern Regional Land Use Strategy 2010-2035.
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MOTION LOST VOTING RECORD
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HARVEY
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That the recommendation contained in the report of the Manager City Futures and the Director City Planning of 9 November 2021, be adopted. |
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MOTION LOST VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the matter be referred to the Council without recommendation.
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Delegation: Council
8.3 Monthly Planning Statistics - 1 October - 31 October 2021 |
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HARVEY
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That the recommendation contained in the memorandum of the Director City Planning of 8 November 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the planning statistical report of the Director City Planning be received and noted:
During the period 1 October 2021 to 31 October 2021, 52 permits were issued to the value of $10,060,235 which included:
5 new single dwellings to the value of $1,045,135;
15 multiple dwellings to the value of $3,865,000;
15 extensions/alterations to dwellings to the value of $3,272,000;
8 extensions/alterations to commercial properties to the value of $2,944,000;
No major projects;
During the period 1 October 2020 to 31 October 2020, 61 permits were issued to the value of $9,955,300 which included:
5 new single dwellings to the value of $1,959,000;
8 multiple dwellings to the value of $2,087,000;
25 extensions/alterations to dwellings to the value of $4,002,600;
5 extensions/alterations to commercial properties to the value of $1,365,000;
No major projects;
In the twelve months ending October 2021, 796 permits were issued to the value of $277,021,108; and
In the twelve months ending October 2020, 824 permits were issued to the value of $286,152,172
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Delegation: Council
8.4 Monthly Building Statistics - 1 October - 31 October 2021 |
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HARVEY
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That the recommendation contained in the report of the Director City Planning of 8 November 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the building statistical report of the Director City Planning be received and noted:
During the period 1 October 2021 to 31 October 2021, 54 permits were issued to the value of $14,021,962 which included:
(i) 32 for extensions/alterations to dwellings to the value of $5,012,962;
(ii) 5 new dwellings to the value of $2,450,000;
(iii) No new multiple dwellings; and
(iv) 1 major project:
(a) 2 Cross Street, New Town - Demolition, Alterations & Additions - $2,500,000;
During the period 1 October 2020 to 31 October 2020, 64 permits were issued to the value of $17,445,605 which included:
(i) 28 for extensions/alterations to dwellings to the value of $5,848,450;
(ii) 6 new dwellings to the value of $3,091,000;
(iii) No new multiple dwellings; and
(iv) 2 major projects:
(a) 1 Risdon Road, New Town - Commercial Internal Alterations - $3,292,985; (b) 2 Cross Street, New Town - Demolition, Alteration and Additions - $1,700,000
In the twelve months ending October 2021, 622 permits were issued to the value of $248,610,548; and
In the twelve months ending October 2020, 647 permits were issued to the value of $234,637,825
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Delegation: Council
HARVEY
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That the recommendation contained in the memorandum of the Director City Planning of 8 November 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the memorandum titled - Delegated Decision Report (Planning) - be received and noted.
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Delegation: Committee
HARVEY
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That the recommendation contained in the memorandum of the Director City Planning of 9 November 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the memorandum titled - City Planning - Advertising Report - be received and noted.
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Delegation: Committee
Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
9.1 Councillor Dutta - Cable Car - Newspaper Article File Ref: 13-1-10 |
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Question: Can the Director explain/clarify/advise if the comments attributed to Alderman Behrakis in the Mercury newspaper is true/correct in relation to the Cable Car development application processes? Answer: The Director City Planning took the question on notice.
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9.2 Councillor Dutta - Cable Car - Deferral Motion File Ref: 13-1-10 |
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Question: Can the Director advise that if the deferral motion proposed by Alderman Behrakis was approved by the Planning Authority and the applicant made amendments could this allow for the application to be re-advertised by Council and representations received, in other words “ the public would have been able to have a say”, as claimed by Alderman Behrakis? Answer: The Director City Planning took the question on notice.
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9.3 Councillor Dutta - Development Application - Case Law File Ref: 13-1-10 |
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Question: Can the Director advise if there is any case law which refers to amending an application for planning approval after it is lodged and if that DA can be re-advertised and public can have a say again? Answer: The Director City Planning took the question on notice.
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9.4 Alderman Briscoe - Cable Car Proponent – Section 22 Amendment File Ref: 13-1-10 |
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Question: Can the Director advise if the Council will be provided with a report on the merits or otherwise of the amendment proposed by the Mount Wellington Cable Car Company and will that report be provided to an Open Council meeting? Answer: The Director City Planning advised that a report will be provided to a Closed meeting of the Council due to matter being subject to a mediation process before RMPAT and the report is envisaged to be before Council prior to Christmas.
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9.5 Councillor Coats - Property Sales and Acquisition File Ref: 13-1-10 |
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Question: Can the Director advise if the Council does any community education around the buying and selling of properties within the real estate market and the particular requirements set out in the various planning, development and heritage codes. Do we engage at all with the real estate industry? Answer: The Director City Planning took the question on notice.
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BEHRAKIS
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That the Committee resolve by majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:
· Confirm the minutes of the Closed portion of the meeting · Questions without notice in the Closed portion
The following items were discussed:-
Item No. 1 Minutes of the last meeting of the Closed Portion of the Committee Meeting Item No. 2 Consideration of supplementary items to the agenda Item No. 3 Indications of pecuniary and conflicts of interest Item No. 4 Questions Without Notice
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MOTION CARRIED VOTING RECORD
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Delegation: Committee
The Chairman adjourned the meeting at 7.20 pm for a comfort break.
The meeting was reconvened at 7.30 pm.
Item 7.2.3 was then taken.
There being no further business the Open portion of the meeting closed at 7.55pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
29th DAY OF NOVEMBER 2021.
CHAIRMAN