Agenda of City Planning Committee Meeting

Agenda (Open Portion)

City Planning Committee Meeting

Page 6

29/11/2021

City Planning Committee Meeting (Open Portion) held Monday, 29 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

NON-MEMBERS

Lord Mayor Reynolds

Zucco

Sexton

Thomas

Fox

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, 15 November 2021, 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 Chief Executive Officer.

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 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.

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

29/11/2021

7.1 Applications under the Hobart Interim Planning Scheme 2015

7.1.1 18 Nicholas Drive, Sandy Bay - Change of Use to Visitor Accommodation

pln-21-554 - FILE REF: F21/117125

Address: 18 Nicholas Drive, Sandy Bay

Proposal: Change of Use to Visitor Accommodation

Expiry Date: 11 January 2022

Extension of Time: Not applicable

Author: Richard Bacon

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 a change of use to visitor accommodation at 18 Nicholas Drive Sandy Bay TAS 7005 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 PLN21554 18 NICHOLAS DRIVE SANDY BAY TAS 7005 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 18

Prior to the commencement of the approved use, a management plan for the operation of the visitor accommodation must be submitted and approved as a Condition Endorsement, to the satisfaction of the Council's Director City Planning. The management plan must include measures to limit, manage and mitigate unreasonable impacts upon the amenity of long term residents. These measures must include, but are not limited to, the following requirements:

1. To limit, manage, and mitigate noise generated as a result of the visitor accommodation.

2. To limit, manage, and mitigate behavioural issues caused as a result of the visitor accommodation.

3. To maintain the security of the building where the visitor accommodation would be located, including managing and/or limiting access to shared areas and facilities.

4. To specify the maximum permitted occupancy of the visitor accommodation.

5. To provide a name and contact phone number of a person who will respond to any complaints regarding behaviour of guests. If the property is sold the management plan must be updated with new contact details.

Once approved, the management plan must be implemented prior to the commencement of the approved use and must be maintained for as long as the visitor accommodation is in operation. The management plan must be provided to adjacent property owners and occupiers within 14 days of being approved. If the property is sold, the updated management plan (in accordance with 5. above) must be provided to adjacent property owners and occupiers within 10 business days of settlement.

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To ensure that visitor accommodation does not cause an unreasonable loss of residential amenity.

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.

VISITOR ACCOMMODATION

More information on visitor accommodation, including when building approval is required, can be found here.

In all cases, check with your insurance company that you have adequate cover.

If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.

If you have a spa or a pool at your property then you are required to test for microbiological quality and chemical parameters on a monthly basis, under the Public Health Act 1997. If you have any questions about this then please call our Environmental Health team on 6238 2715.

If you are providing food for consumption on the property, you may require a food business registration in accordance with the Food Act 2003. Click here for more information, or call our Environmental Health team on 6238 2715.

You are encouraged to have in place a management plan for the operation of the visitor accommodation. The management plan should include measures to limit, manage and mitigate unreasonable impacts upon the amenity of permanent residents, including addressing issues like noise, waste management, customer behaviour, security, maximum occupancy, and parking provisions

Visitor accommodation is also considered to be a commercial use and also not eligible to residential parking permits. Under the current policy for the issuing of residential parking permits, the proposed change of use to visitor accommodation would not entitle the property to a residential parking permit, or a transferable “bed and breakfast” parking permit.

Attachment a: PLN-21-554 - 18 NICHOLAS DRIVE SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-21-554 - 18 NICHOLAS DRIVE SANDY BAY TAS 7005 - CPC Agenda Documents ⇩

Item No. 7.1.3

Agenda (Open Portion)

City Planning Committee Meeting - 29/11/2021

Page 259

ATTACHMENT e

HERITAGE REFERRAL ASSESSMENT

Application Number:	PLN-21-365
Address:	90-92 MURRAY STREET HOBART TAS 7000
Planner:
Assessment Officer:	Lucy Burke-Smith, Associate Partner, Purcell Asia Pacific Limited
Recommendation:	Proposal is not supportable

Significance and Historical Overview

The listing of the place on Table E13.1 extends to ‘shop fittings’. This assessment assumes that shop fittings extend to features and elements directly associated with Bidencope’s occupation and alteration of the place.

The following assessment is taken from the Tasmanian Heritage Register Database for the place (Place ID 2536), noting the absence any equivalent study within the Central Area Heritage Study:

b) The place possesses uncommon or rare aspects of Tasmania’s history.

90 -92 Murray Street is of historic heritage significance because of its rare ability to demonstrate the principle characteristics of a turn of the century steel and stained glass shop front with extant doors and shop fittings.

c) The place has the potential to yield information that will contribute to an understanding of Tasmania’s history.

This building is of historic heritage significance because of its association with noted Tasmanian Company , Bidencope and Son.

f) The place has a strong or special association with a particular community or cultural group for social or spiritual reasons.

This building is of historic heritage significance because its townscape associations are regarded as important to the community's sense of place.

The Bidencope’s business had associations with the place from 1869 till the 1970s. The occupancy of the building expanded from one store to the entirety of the building, with alterations in 1902, 1924, 1949 and in 1956.

It is noted that the drawing pack submitted as part of the application is ambiguous in scope and detail, for example:

- Typically existing window frames to remain (Drawing A2020 Issue BA)

- Existing shopfront to remain unless affected by new works (Drawing A2020 Issue BA)

- Allow to salvage all removed material for reuse / storage in existing basement (Drawing A2020 Issue BA) [NOTE: It is understood that this is not the intention and that materials would be stored in newly created floor voids]

- Generally existing walls to remain unaltered, patch and repair all finishes for new works (Drawing A203 Issue DA)

- Typically existing skylights to remain, allow to remove glazing for new as per plans (Drawing A203 Issue DA)

- Generally all existing glazing to be replaced to match existing (Drawing A301 DA)

It is further noted that while one rationale and objective of the project is to provide equitable access, that the threshold entrance to the nominated stair and lift lobby is not in itself accessible. A high and narrow kerb obstructs this access, with any resolution likely to impinge on the public domain and retention of vehicular access to the Bidencopes Lane.

Site photographs


Figure 1: 90-92 Murray Street. Area of proposed change including demolition of stairs (x2) and raised floor resulting in conflict with window, fireplace and requiring alteration to the ceiling height and demolition of sky lights. (Source: Purcell October 2021)90-92 Murray Street. (Source: Purcell October 2021)			Figure 2: 90-92 Murray Street. Area of proposed change including demolition of wall, door opening and stairs (x2) and raised floor resulting in conflict with window, fireplace and requiring alteration to the ceiling height and demolition of sky lights. (Source: Purcell October 2021)

Figure 3: 90-92 Murray Street. Level 2 enclosure and assumed former stair with lath and plaster return wall. Corresponding with infilled floor depicted in Figure 4. (Source: Purcell October 2021)			Figure 4: 90-92 Murray Street. Level 1 infill to former opening which corresponds with Level 2 enclosure (Figure 3). Demolition possibly indicated on AE417/2/42 Building Application plans 1949 (Archives Tasmania) (Source: Purcell October 2021)
			Figure 5 (Left): 90-92 Murray Street. Area of proposed change and raised floor resulting in conflict with fireplace and requiring alteration to the ceiling height and demolition of skylights. (Source: Purcell October 2021)
HIPS 2015 Discretions	Applicable yes/no	Specific clauses
E13.0 Heritage Place	yes	E13.7.1 P1 E13.7.2 P1 E13.7.2 P2 E13.7.2 P3 E13.7.2 P4 E13.10.1 P1
E17.0 Signs Code	no	-
22.4.1	no	-
22.4.3	no	-

Historic Heritage Code

E13.7.1 Demolition

Objective:

To ensure that demolition in whole or part of a heritage place does not result in the loss of historic cultural heritage values unless there are exceptional circumstances.

E13.7.1 P1

Demolition must not result in the loss of significant fabric, form, items, outbuildings or landscape elements that contribute to the historic cultural heritage significance of the place unless all of the following are satisfied;

(a) there are, environmental, social, economic or safety reasons of greater value to the community than the historic cultural heritage values of the place;

(b) there are no prudent and feasible alternatives;

(c) important structural or façade elements that can feasibly be retained and reused in a new structure, are to be retained;

(d) significant fabric is documented before demolition.

The proposal outlines the demolition of early fabric including, masonry, lath and plaster and timber boarded walls, stairs, floors and ceilings. It extends to the demolition and reconfiguration of the rear roof form, inclusive of the removal of two skylights. Non-significant fabric, including contemporary low height partition walls and sanitary and kitchen fittings are also nominated for demolition and alteration.

The proposal extends to the demolition of fabric directly associated with the ‘shop fittings’ of J.Bidencope & Son Pty Ltd Tailors and Outfitters, inclusive of the stair outlined in AE417/1/389 Building application plan 1923, which lead to the tailoring department.

The previously fixed joinery storage to the Second Floor (possibly staff lockers) have been unfixed from the wall. The proposal for this item is unclear.

It is understood, although not documented, that the fluted glass to the Murray Street elevation is nominated for removal. It is difficult to ascertain the date or significance of this material from the available archival record.

The rationale for the demolition is to achieve building code compliance with respect to accessibility. The National Construction Code (incorporating the Building Construction Code of Australia) is the technical code providing design and construction technical standards for structural, fire, health, amenity, sustainability and plumbing works. It extends to the Access to Premises standards.

The legislation is performance based providing a framework of ‘…Deemed-to-Satisfy Provisions, which cover established and acceptable practices, or flexibility to develop Alternative Solutions…’. It is important to acknowledge that compliance does not apply retrospectively and that in the context of historic places achieving full compliance can often be unachievable without detrimental impact to the significant fabric and spaces of the place. Section 13(2) of the Building Act 2016, provides for Building Surveyors to vary the provisions of the NCC as applied to places on the Tasmanian Heritage Register.

Efforts to improve accessibility should be supported in principle, however the extent of change proposed to facilitate compliance which is not mandated to the place is considerable.

It appears that the advice of an access consultant or building surveyor has not been outlined within the substantiating argument for access, to the extent of change triggered by this objective of enhanced accessibility.

It is further noted that there is not accessible path to the threshold of the building from the public domain.

E13.7.1 (a) and (b) have not been demonstrated and therefore we are unable to undertake an assessment that the proposal satisfies these Criteria.

E13.7.1 (c) is an extension of satisfaction of E13.7.1 (a) and (b) and given the above cannot be assessed. Therefore E13.7.1 (c) has not been satisfied.

E13.7.1 (d) could be managed as a condition of consent for any supportable scope of work.

E13.7.2 Buildings and Works other than Demolition

Objective:

To ensure that development at a heritage place is:

(a) undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance; and

(b) designed to be subservient to the historic cultural heritage values of the place and responsive to its dominant characteristics.

E13.7.2 P1

Development must not result in any of the following:

(a) loss of historic cultural heritage significance to the place through incompatible design, including in height, scale, bulk, form, fenestration, siting, materials, colours and finishes;

(b) substantial diminution of the historic cultural heritage significance of the place through loss of significant streetscape elements including plants, trees, fences, walls, paths, outbuildings and other items that contribute to the significance of the place.

The proponent’s objective to achieve a consistent FFL through the First and Second Floors results in several instances of incompatible design and thereby diminution of items which contribute to the significance of the place. These are summarised as:

- The misalignment of the fireplace to the proposed tenancy 3, dropping from Level 2 to an uncharacteristically high datum in Level 1, due to the increase L1 ceiling height and L2 floor height.

- Floor levels bridging window opening due to the above forementioned change.

- Change to the roof pitch within this same area due to the above forementioned change.

In principle there may be a design solution to mitigate the impacts of the window and floor conflict and the change to the roof pitch to these secondary elevations.

By comparison the misalignment of the fireplace cannot be meaningfully mitigated.

E13.7.2 P1 has not been satisfied.

E13.7.2 P2

Development must be designed to be subservient and complementary to the place through characteristics including:

(a) scale and bulk, materials, built form and fenestration;

(b) setback from frontage;

(c) siting with respect to buildings, structures and listed elements;

(d) using less dominant materials and colours.

The objective to retain access from the ‘Gorman’ tenancy to a rear ground floor bathroom results in an awkward siting of the nominated lift shaft which impacts the ability to interpret the room configuration across the First and Second Floor. This is not considered a subservient and complementary proposal.

E13.7.2 P2 has not been satisfied.

E13.7.2 P3

Materials, built form and fenestration must respond to the dominant heritage characteristics of the place, but any new fabric should be readily identifiable as such.

The cladding material of the proposed extension is not nominated. The aluminium windows do not respond to the dominant characteristics of the place and colour is not nominated. The windows to the South and North elevations, while not readily visible in the public domain are inconsistent with those of the place, being derived from the form of the extension.

While it could be argued that the material is readily identifiable there is insufficient detail to further assess the works against this Criterion.

Built form is addressed in E13.7.2 below.

There is a gap in information to fully assess Criterion E13.7.2 P3. Presently with respect to the window material and fenestration E13.7.2 P3 is unlikely to be satisfied.

E13.7.2 P4

Extensions to existing buildings must not detract from the historic cultural heritage significance of the place.

The form and fenestration of the proposed extension is not derived from, sympathetic or responsive to the dominant characteristics of the place. The roof pitch and form are in contrast to the hipped roofs and later roof lanterns of the place.

E13.7.2 P4 has not been satisfied.

E13.10.1 Buildings and Works other than Demolition

Objective:

To ensure that building, works and demolition at a place of archaeological potential is planned and implemented in a manner that seeks to understand, retain, protect, preserve and otherwise appropriately manage significant archaeological evidence.

E13.10.1 P1

Buildings, works and demolition must not unnecessarily impact on archaeological resources at places of archaeological potential, having regard to:

a) the nature of the archaeological evidence, either known or predicted;

b) measures proposed to investigate the archaeological evidence to confirm predictive statements of potential;

c) strategies to avoid, minimise and/or control impacts arising from building, works and demolition;

d) where it is demonstrated there is no prudent and feasible alternative to impacts arising from building, works and demolition, measures proposed to realise both the research potential in the archaeological evidence and a meaningful public benefit from any archaeological investigation;

e) measures proposed to preserve significant archaeological evidence ‘in situ’.

E13.10.1 could be met subject to a condition of consent.

Summary

The material submitted as part of the application is ambiguous in scope and detail. This has limited a full assessment of the application against the Historic Heritage Code.

It is also noted that one rationale and objective of the project is to provide equitable access, but that the threshold entrance to the nominated stair and lift lobby is not in itself accessible. The application also lacks substantiation that there are no prudent or feasible alternatives against E13.7.1 P1.

We agree with the Heritage Officers assessment that ‘The proposed demolition would cause the loss of significant historic heritage values and that the proposed works are not sympathetic. Significant cultural heritage values are threatened. E 13.7.1 P1 is not met (Demolition) and nor are E 13.7.2 P1, P2, P3 P4 (Works). This development application is unacceptable and recommended for refusal.’

We also concur that ‘A more creative and sensitive adaptation of this building is required in order to satisfy the provisions of the Heritage Code.’

Item No. 7.1.4

Agenda (Open Portion)

City Planning Committee Meeting

Page 262

29/11/2021

7.1.4 43 Parliament Street, Sandy Bay - Change of Use to Visitor Accommodation

PLN-21-673 - FILE REF: F21/117910

Address: 43 Parliament Street, Sandy Bay

Proposal: Change of Use to Visitor Accommodation

Expiry Date: 30 November 2021

Extension of Time: Not applicable

Author: Tristan Widdowson

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 change of use to visitor accommodation at 43 Parliament Street, 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 PLN21673 43 PARLIAMENT STREET SANDY BAY TAS 7005 CPC Agenda Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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.

VISITOR ACCOMMODATION

More information on visitor accommodation, including when building approval is required, can be found here.

In all cases, check with your insurance company that you have adequate cover.

If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.

If you have a spa or a pool at your property then you are required to test for microbiological quality and chemical parameters on a monthly basis, under the Public Health Act 1997. If you have any questions about this then please call our Environmental Health team on 6238 2711.

Attachment a: PLN-21-673 - 43 PARLIAMENT STREET SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-21-673 - 43 PARLIAMENT STREET SANDY BAY TAS 7005 - CPC Agenda Documents ⇩

Item No. 7.1.5

Agenda (Open Portion)

City Planning Committee Meeting

Page 292

29/11/2021

7.1.5 11 Valley Street, West Hobart - Dwelling

PLN-21-314 - FILE REF: F21/117505

Address: 11 Valley Street, West Hobart

Proposal: Dwelling

Expiry Date: 28 November 2021

Extension of Time: Not applicable

Author: Deanne Lang

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a dwelling at 11 Valley Street West 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 PLN21314 11 VALLEY STREET WEST HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s1

Windows W09 and W10 must have fixed obscure glazing extending to a height of at least 1.7m above the finished floor level.

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

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To provide reasonable opportunity for privacy for dwellings.

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas, 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).

Natural runoff from the undeveloped upslope catchment must be safely conveyed through the site without causing any nuisance to thirdparty land by concentrating or relocating the flows.

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.

Council notes that the private plumbing and landscaping design should take the natural runoff and groundwater into consideration, to avoid damage and nuisance to the development.

Council also notes the SW corner of the lot has been modelled as an overland flow path, and any future works in this area (including alteration of ground level or fall) may require approval by Council's stormwater unit.

Reason for condition

To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.

SW 9

Prior to occupancy or the commencement of the approved use (whichever occurs first), stormwater detention must be installed.

A stormwater management report and design must be submitted and approved as a Condition Endorsement, prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first). The stormwater management report and design must be prepared by a suitably qualified engineer and must:

1. Include detailed design and supporting calculations of the detention tank showing:

· detention tank sizing such that there is no increase in flows from the developed site up to 5% AEP event and no worsening of flooding;

· the layout, the inlet and outlet (including long section), outlet size, overflow mechanism and invert level;

· the discharge rates and emptying times; and

· all assumptions must be clearly stated;

2. Include a supporting maintenance plan, which specifies the required maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

ENG 3b

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved as a Condition Endorsement, prior to the commencement of work, issuing of any approval under the Building Act 2016.

The access driveway, circulation roadways, ramps and parking module

(parking spaces, aisles and manoeuvring area) design must:

1. Be prepared and certified by a suitably qualified engineer,

2. Be generally in accordance with the Australian Standard AS/NZS 2890.1:2004 including the required minimum headroom,

3. Where the design deviates from AS/NZS 2890.1:2004 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, and

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.

Reason for condition

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

ENG 3c

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

Prior to the first occupation / 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 4

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

Reason for condition

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

ENG 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 2

Sediment and erosion control measures, sufficient to prevent sediment leaving the site and in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A SWMP must be submitted as a Condition Endorsement prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.

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.

CONDITION ENDORSEMENT

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. Detailed instructions can be found here.

A fee of 2% of the value of the works for new public assets (stormwater infrastructure, roads and related assets) will apply for the condition endorsement application.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).

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.

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

You may require an occupational license for structures in the Hobart City Council highway reservation, in accordance with conditions to be established by the Council. Click here for more information.

You may require a road closure permit for construction or special event. Click here for more information.

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.

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-21-314 - 11 VALLEY STREET WEST HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-21-314 - 11 VALLEY STREET WEST HOBART TAS 7000 - CPC Agenda Documents ⇩

Item No. 7.1.7

Agenda (Open Portion)

City Planning Committee Meeting

Page 526

29/11/2021

7.1.7 227-229 LIverpool Street, Hobart - Partial Demolition, Alterations, Change of Use to General Retail and Hire, Food Services, Business and Professional Services, Three Multiple Dwellings, and Signage

PLN-21-415 - FILE REF: F21/118631

Address: 227-229 Liverpool Street, Hobart

Proposal: Partial Demolition, Alterations, Change of Use to General Retail and Hire, Food Services, Business and Professional Services, Three Multiple Dwellings and Signage

Expiry Date: 6 December 2021

Extension of Time: Not applicable

Author: Tristan Widdowson

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, change of use to general retail and hire, food services, business and professional services, three multiple dwellings, and signage at 227 229 Liverpool Street, 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 PLN21415 227 229 LIVERPOOL STREET Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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 2021/01035HCC dated 06/07/2021 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 6

Hours of operation of the commercial uses must be within: (a) 6.00 am to 10.00 pm Mondays to Saturdays inclusive; (b) 7.00 am to 9.00 pm Sundays and Public Holidays except for office and administrative tasks.

Reason for condition

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

PLN s1

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition, excavation and works up to the ground floor slab), details must be submitted and approved as a Condition Endorsement demonstrating that internal noise levels will be in accordance with relevant Australian Standards for acoustics control (AS 3671:1989 – Road Traffic Noise Intrusion (Building Siting and Construction) and AS2107:2016 – Acoustics (Recommended Design Sound Levels and Reverberation Times for Building Interiors)) unless:

(a) alterations required to meet these standards would negatively impact on historic cultural heritage values of an existing building listed as a place, or within a precinct, in the Historic Heritage Code; or

(b) external alterations of an existing building that are required to meet these standards would negatively impact on the streetscape.

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To ensure that buildings for residential uses provide reasonable levels of amenity.

ENG 12

A construction waste management plan must be implemented throughout construction.

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

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

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

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill. Further information can also be found on the Council’s website.

Reason for condition

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

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, retaining wall ag drains and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior to 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 and domestic waste and recycling must be implemented post construction.

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

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

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

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

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 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 9

A recording, demolition and storage protocol as recommended in the submitted Heritage Impact Assessment dated 30 August 2021 must be submitted and approved as a Condition Endorsement, prior to the commencement of work or the issuing of a building permit, whichever occurs first. The protocol must ensure that all contractors are suitably qualified to undertake the conservation of historic fabric.

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To ensure that demolition in whole or part of a heritage place does not result in the loss of historic cultural heritage values.

HER 20

The site must be landscaped as per the submitted landscape architecture drawings within 6 months of the occupancy of the development.

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 and in the interest of residential amenity.

ENVHE 1

Recommendations in the reports Preliminary Site Investigation 227229

Liverpool Street Hobart, dated December 2020 and the Contamination Management Plan 227229 Liverpool Street, dated August 2021 by ES&D must be implemented, during construction works.

Specifically:

1. Soil at Preliminary Site Investigation location ‘SB1’, with elevated concentrations of lead above Residential A NEPASCM HILs, should be removed and replaced with clean imported fill.

2. Once the contaminated soils are removed, validation samples must be collected of the 4 walls and base of the pit including a duplicate to confirm that remaining soils comply with Residential A HILs for lead.

3. Removed soil must be held onsite pending the sample results for classification and disposal approval by EPA Tasmania. It is expected that soil will be classified as ‘Level 2’ under IB 105.

4. A validation report must be provided to City of Hobart, providing documentation of the volume of soil removed, disposal confirmation and imported soil quality when compared to IB105. The report must also provide all samples results (dotpoint 2) and show compliance with NEPM HSLA for remaining soils.

Reason for condition

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

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.

CONDITION ENDORSEMENT

A fee of 2% of the value of the works for new public assets (stormwater infrastructure, roads and related assets) will apply for the condition endorsement application.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

You may require a road closure permit for construction or special event. Click here for more information.

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

GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS

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

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.

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.

REDUNDANT CROSSOVERS

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

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-21-415 - 227-229 LIVERPOOL STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-21-415 - 227-229 LIVERPOOL STREET - CPC Agenda Documents ⇩

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