Minutes (Open Portion)

City Planning Committee Meeting

Page 2

29/11/2021

Minutes (Open Portion)

City Planning Committee Meeting

Page 30

29/11/2021

DUTTA

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 15 November 2021, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Burnet

Briscoe

Behrakis

Dutta

Coats

AYES

NOES

Deputy Lord Mayor Burnet

Briscoe

Behrakis

Dutta

Coats

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

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 16 November 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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 attached to item 7.1.1 of the Open city Planning Committee agenda of 29 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 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.

7.1.2   126-128 Brisbane Street, Hobart - Alterations to Carpark

BRISCOE

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations to carpark at 126–128 Brisbane Street, Hobart because the requirements of clause 9.1.1 are met 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 PLN-21-353 - 126-128 Brisbane Street Hobart TAS 7000 - 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 2021/00848-HCC dated 14/9/2021 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 6

Except for office and administrative tasks, hours of operation for the approved use must be within 7:00 am to 7:00 pm.

Reason for condition

To ensure that non-residential use does not unreasonably impact on residential amenity

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 3a

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

2.    The Detail Plan prepared by Lark and Creese dated 14/9/2021 is not approved.

3.    The Carparking Plan prepared by Lark and Creese dated 12/11/2021 is approved and must be implemented within 90 days of the date of this permit. Implementation of the plan must include line marking and a reduction in the number of carparking spaces provided on the site from 24 to 23.

Reason for condition

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

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, pre-existing 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 site-related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

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, by-laws, 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.

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.

LANDSCAPING

The applicant is encouraged to landscape the site to lessen the visual impacts of the sealed surface.

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.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations to carpark at 126–128 Brisbane Street, Hobart 7000 because the requirements of clause 9.1.1 are met 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 PLN-21-353 - 126-128 Brisbane Street Hobart TAS 7000 - 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 2021/00848-HCC dated 14/9/2021 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 6

Except for office and administrative tasks, hours of operation for the approved use must be within 7:00 am to 7:00 pm.

Reason for condition

To ensure that non-residential use does not unreasonably impact on residential amenity

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 3a

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

2.     The Detail Plan prepared by Lark and Creese dated 14/9/2021 is not approved.

3.     The Carparking Plan prepared by Lark and Creese dated 12/11/2021 is approved and must be implemented within 90 days of the date of this permit. Implementation of the plan must include line marking and a reduction in the number of carparking spaces provided on the site from 24 to 23.

Reason for condition

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

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, pre-existing 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 site-related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

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, by-laws, 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.

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.

LANDSCAPING

The applicant is encouraged to landscape the site to lessen the visual impacts of the sealed surface.

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.

7.1.3   90-92 Murray Street, Hobart - Partial Demolition and Alterations

BEHRAKIS

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition and alterations at 90-92 Murray Street, Hobart 7000 for on the basis that the heritage standards in the Scheme are satisfied 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 PLN-21-365 - 90-92 Murray Street Hobart TAS 7000 - Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

THC

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 6582 dated 16 September 2021, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

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).

Any private or private shared stormwater system passing through third-party land must have sufficient receiving capacity.

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 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, pre-existing 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 site-related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

HER 9

A photographic record must be made of the sections of the building that are the subject of this application, and a high-resolution digital copy of this record must be provided to the City of Hobart prior to the commencement of any works.

For areas that will be affected by the works, the record must comprise:

(i)    photographs to adequately record each interior space; and,

(ii)   photographs of any building elements, details or finishes that may be of historical, archaeological or architectural interest; and,

(iii)  cross referencing of all photographs to ‘as existing’ floor plans, showing the location and orientation of the camera.

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 knowledge.

HER 10

The new work must be designed and constructed in a way that minimises impacts to the historic fabric of the building, including historic ceiling linings, skylights, and joinery.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing design and construction 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 ensure that new work and demolition in whole or part of a heritage place does not result in the loss of historic cultural heritage values.

HER 11

1.    The following items must be retained and displayed permanently and interpreted in a publicly accessible area:

·            the historic safe in the managers office

·            the timber staff lockers on the top floor.

2.    An interpretation plan that references the history by Kathryn Evans (pp.1-22) attached to the Praxis report as well as all other relevant history relating to the Bidencope family and business must be prepared and implemented.

Prior to the issue of any approval under the Building Act 2016, revised plans and an interpretation plan must be submitted and approved as a Condition Endorsement showing the location of the above items and all relevant interpretation 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 ensure that development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER 12

Original and early fabric of the building must be protected and conserved.

Prior to the issue of any approval under the Building Act 2016, documentation must be submitted and approved as a Condition Endorsement which provides:

A schedule of all heritage fabric proposed to be removed or otherwise altered must be prepared, on a room-by-room basis. The schedule must:

(i) include details for the proposed relocation and reuse of the fabric to be removed or altered; and

(ii) must include provision for the permanent retention on-site of samples of early fabric representing the various phases of the site’s development; and 

(iii) must refer to the Praxis Environment Conservation Planning Brief and the proposed work must be reviewed and supported by an appropriately qualified heritage consultant. 

The schedule must be submitted to City of Hobart and must be to the satisfaction of the Cultural Heritage Unit, prior to the commencement of works.

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

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

HER 13

A communication protocol must be developed and implemented to ensure that (i)      all persons working on the site understand and appreciate the heritage values of the site and the obligations arising from (a) the        place’s entry in Table E 13.1 and (b) this conditional approval; and.

            (ii) This communication protocol must be submitted to and signed off by        the Cultural Heritage Unit prior to the commencement of any works.

Reason for condition

To ensure that all persons working on site are aware of their obligations in respect to E 13 Hobart Interim Planning Scheme.

HER 14

All skylights must be retained.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing the retention of the 3 major and all minor skylights 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 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 must be monitored. 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 attend the site and 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 3 days of the discovery; and

5.    A copy of the archaeologist's advice, assessment and recommendations obtained in accordance with 2. above must be provided to Council within 30 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 window frame and cladding of the second floor highlight windows must use colours, materials and finishes that reflect the palette of colours, materials and finishes of the place.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing all 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.

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

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, by-laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a permit for the occupation of the public highway for construction 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. 

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. 

BUILDING ACCESSIBILITY

The applicant is encouraged to do all works necessary on the ground floor and adjacent land to remove the initial step into the building and enable it to be fully accessible.  These further works are likely to require further planning permission.

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. 

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.

RIGHT OF WAY

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

WORK PLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially-contaminated 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. 

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition and alterations at 90–92 Murray Street, Hobart 7000 for on the basis that the heritage standards in the Scheme are satisfied 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 PLN-21-365 - 90-92 Murray Street Hobart TAS 7000 - Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

THC

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 6582 dated 16 September 2021, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

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).

Any private or private shared stormwater system passing through third-party land must have sufficient receiving capacity.

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 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, pre-existing 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 site-related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

HER 9

A photographic record must be made of the sections of the building that are the subject of this application, and a high-resolution digital copy of this record must be provided to the City of Hobart prior to the commencement of any works.

For areas that will be affected by the works, the record must comprise:

(i)    photographs to adequately record each interior space; and,

(ii)   photographs of any building elements, details or finishes that may be of historical, archaeological or architectural interest; and,

(iii)  cross referencing of all photographs to ‘as existing’ floor plans, showing the location and orientation of the camera.

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 knowledge.

HER 10

The new work must be designed and constructed in a way that minimises impacts to the historic fabric of the building, including historic ceiling linings, skylights, and joinery.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing design and construction 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 ensure that new work and demolition in whole or part of a heritage place does not result in the loss of historic cultural heritage values.

HER 11

1.    The following items must be retained and displayed permanently and interpreted in a publicly accessible area:

·            the historic safe in the managers office

·            the timber staff lockers on the top floor.

2.    An interpretation plan that references the history by Kathryn Evans (pp.1-22) attached to the Praxis report as well as all other relevant history relating to the Bidencope family and business must be prepared and implemented.

Prior to the issue of any approval under the Building Act 2016, revised plans and an interpretation plan must be submitted and approved as a Condition Endorsement showing the location of the above items and all relevant interpretation 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 ensure that development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER 12

Original and early fabric of the building must be protected and conserved.

Prior to the issue of any approval under the Building Act 2016, documentation must be submitted and approved as a Condition Endorsement which provides:

A schedule of all heritage fabric proposed to be removed or otherwise altered must be prepared, on a room-by-room basis. The schedule must:

(i) include details for the proposed relocation and reuse of the fabric to be removed or altered; and

(ii) must include provision for the permanent retention on-site of samples of early fabric representing the various phases of the site’s development; and 

(iii) must refer to the Praxis Environment Conservation Planning Brief and the proposed work must be reviewed and supported by an appropriately qualified heritage consultant. 

The schedule must be submitted to City of Hobart and must be to the satisfaction of the Cultural Heritage Unit, prior to the commencement of works.

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

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

HER 13

A communication protocol must be developed and implemented to ensure that (i)      all persons working on the site understand and appreciate the heritage values of the site and the obligations arising from (a) the        place’s entry in Table E 13.1 and (b) this conditional approval; and.

            (ii) This communication protocol must be submitted to and signed off by        the Cultural Heritage Unit prior to the commencement of any works.

Reason for condition

To ensure that all persons working on site are aware of their obligations in respect to E 13 Hobart Interim Planning Scheme.

HER 14

All skylights must be retained.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing the retention of the 3 major and all minor skylights 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 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 must be monitored. 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 attend the site and 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 3 days of the discovery; and

5.    A copy of the archaeologist's advice, assessment and recommendations obtained in accordance with 2. above must be provided to Council within 30 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 window frame and cladding of the second floor highlight windows must use colours, materials and finishes that reflect the palette of colours, materials and finishes of the place.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing all 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.

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

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, by-laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a permit for the occupation of the public highway for construction 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. 

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. 

BUILDING ACCESSIBILITY

The applicant is encouraged to do all works necessary on the ground floor and adjacent land to remove the initial step into the building and enable it to be fully accessible.  These further works are likely to require further planning permission.

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. 

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.

RIGHT OF WAY

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

WORK PLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially-contaminated 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. 

Attachments

a    Sam Haberle - Deputation Supporting Information - 90-92 Murray Street ⇨  

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

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 22 November 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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 7005 for the reasons outlined in the officer’s report attached to item 7.1.4 of the Open City Planning Committee agenda of 29 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 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

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.

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.

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 2711.

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, and maximum occupancy.

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.

7.1.5   11 Valley Street, West Hobart - Dwelling

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 19 November 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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 attached to item 7.1.5 of the Open City Planning Committee agenda of 29 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 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

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

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.

7.1.6   118 King Street, Sandy Bay and Adjacent Road Reserve - Partial Demolition, Alterations, Extension, Change of Use to General Retail and Hire, and Four Multiple Dwellings, and Associated Works

PROCEDURAL MOTION

BEHRAKIS

That the item be deferred to allow further consultation with the applicant to achieve a better solution for the site.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the item be deferred to allow further consultation with the applicant to achieve a better solution for the site.

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

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 22 November 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference approve the application for partial demolition, 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 7000 for the reasons outlined in the officer’s report attached to item 7.1.7 of the Open City Planning Committee agenda of 29 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 PLN­21­415 ­ 227 ­ 229 LIVERPOOL STREET HOBART 7000­ 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 2021/01035­HCC 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.

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 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

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

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 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

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.

8.1      Delegated Decision Report (Planning)

BEHRAKIS

That the recommendation contained in the memorandum of the Director City Planning of 22 November 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled - Delegated Decision Report (Planning) - be received and noted.

8.2      City Planning - Advertising Report

BEHRAKIS

That the recommendation contained in the memorandum of the Director City Planning of 24 November 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled - City Planning - Advertising Report - be received and noted.

9.1      Committee Actions - Status Report

BRISCOE

That the information be received and noted.

MOTION CARRIED

VOTING RECORD

That the information be received and noted.

MOTION CARRIED

VOTING RECORD