City
of hobart
MINUTES
City Planning Committee Meeting
Open Portion
Monday, 29 November 2021 at 5:00pm
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Minutes (Open Portion) City Planning Committee Meeting |
Page 2 |
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29/11/2021 |
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APOLOGIES AND LEAVE OF ABSENCE
1. Co-Option of a Committee Member in the event of a vacancy
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6. Planning Authority Items - Consideration of Items with Deputations
7. Committee Acting as Planning Authority
7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.1 18 Nicholas Drive, Sandy Bay - Change of Use to Visitor Accommodation
7.1.2 126-128 Brisbane Street, Hobart - Alterations to Carpark
7.1.3 90-92 Murray Street, Hobart - Partial Demolition and Alterations
7.1.4 43 Parliament Street, Sandy Bay - Change of Use to Visitor Accommodation
7.1.5 11 Valley Street, West Hobart - Dwelling
8.1 Delegated Decision Report (Planning)
8.2 City Planning - Advertising Report
9. Committee Action Status Report
9.1 Committee Actions - Status Report
10. Responses to Questions without Notice
12. Closed Portion of the Meeting
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Minutes (Open Portion) City Planning Committee Meeting |
Page 30 |
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29/11/2021 |
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City Planning Committee Meeting (Open Portion) held on 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
PRESENT: The Deputy Lord Mayor Councillor H Burnet (Chairman), Aldermen J R Briscoe, S Behrakis, Councillors M Dutta and W Coats.
APOLOGIES: Councillor W F Harvey
LEAVE OF ABSENCE: Nil.
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NON-MEMBERS Lord Mayor Reynolds Zucco Sexton Thomas Fox Sherlock
Councillor Dutta retired from the meeting at 6.25pm and was not present for items 7.1.5, 7.1.7 and items 8 to 12. |
No Elected Members were co-opted to the Committee.
DUTTA
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The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 15 November 2021, be confirmed as an accurate record.
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MOTION CARRIED VOTING RECORD
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The minutes were signed.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer.
No supplementary items were received.
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Members of the Committee are requested to indicate where they may have any pecuniary or conflicts of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.
No interest was indicated.
Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.
A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.
In the event that the Committee transfer an item to the closed portion, the reasons for doing so should be stated.
Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?
DUTTA
That item 7.1.6 be taken after item 7.1.3
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
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Briscoe |
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Behrakis |
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Dutta |
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Coats |
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In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer is to arrange the agenda so that the planning authority items are sequential.
In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.
Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.
BEHRAKIS
That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
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Briscoe |
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Behrakis |
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Dutta |
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Coats |
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In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.
In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.
The Committee is reminded that in order to comply with Regulation 25(2), the Chief Executive Officer is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.
Item 7.1.3 was then taken
7.1 Applications under the Hobart Interim Planning Scheme 2015
Mr Wayne Chapman addressed the Committee in relation to item 7.1.1.
7.1.1 18 Nicholas Drive, Sandy Bay - Change of Use to Visitor Accommodation |
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BRISCOE
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That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 16 November 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for 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.
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Delegation: Committee
Ms Gwyneth Jenkinson addressed the Committee in relation to item 7.1.2.
7.1.2 126-128 Brisbane Street, Hobart - Alterations to Carpark |
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BRISCOE
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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
TW
PLN 6
ENG sw1
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.
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.
ENG 1
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.
ADVICE
PLUMBING PERMIT
LANDSCAPING The applicant is encouraged to landscape the site to lessen the visual impacts of the sealed surface.
STORM WATER
FEES AND CHARGES
MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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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
TW
PLN 6
ENG sw1
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.
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.
ENG 1
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.
ADVICE
PLUMBING PERMIT
LANDSCAPING The applicant is encouraged to landscape the site to lessen the visual impacts of the sealed surface.
STORM WATER
FEES AND CHARGES
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Delegation: Council
Item 7.1.4 was then taken
Mr Gerard O’Brien and Mr Sam Haberle (Applicant) addressed the Committee in relation to item 7.1.3.
7.1.3 90-92 Murray Street, Hobart - Partial Demolition and Alterations |
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BEHRAKIS
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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
THC
ENG sw1
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.
ENG 1
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.
HER 9
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
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.
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
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.
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
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.
HER 17a
ADVICE
BUILDING PERMIT
PLUMBING PERMIT
OCCUPATION OF THE PUBLIC HIGHWAY
GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS
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
CBD AND HIGH VOLUME FOOTPATH CLOSURES
RIGHT OF WAY
WORK PLACE HEALTH AND SAFETY
WASTE DISPOSAL
FEES AND CHARGES
DIAL BEFORE YOU DIG
MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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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
THC
ENG sw1
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.
ENG 1
HER 9
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
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.
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
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.
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
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.
HER 17a
ADVICE
BUILDING PERMIT
PLUMBING PERMIT
OCCUPATION OF THE PUBLIC HIGHWAY
GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS
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
CBD AND HIGH VOLUME FOOTPATH CLOSURES
RIGHT OF WAY
WORK PLACE HEALTH AND SAFETY
WASTE DISPOSAL
FEES AND CHARGES
DIAL BEFORE YOU DIG
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a Sam Haberle - Deputation Supporting Information - 90-92 Murray
Street ⇨ |
Delegation: Council
Item 7.1.6 was then taken
7.1.4 43 Parliament Street, Sandy Bay - Change of Use to Visitor Accommodation |
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BEHRAKIS
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That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 22 November 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for 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.
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Delegation: Committee
BEHRAKIS
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That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 19 November 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the 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.
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Delegation: Council
Item 7.1.7 was then taken.
Delegation: Committee
Item 7.1.1 was then taken
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 |
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BEHRAKIS
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That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 22 November 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference approve the application for 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.
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Delegation: Council
8. Reports
BEHRAKIS
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That the recommendation contained in the memorandum of the Director City Planning of 22 November 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the memorandum titled - Delegated Decision Report (Planning) - be received and noted.
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Delegation: Committee
BEHRAKIS
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That the recommendation contained in the memorandum of the Director City Planning of 24 November 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the memorandum titled - City Planning - Advertising Report - be received and noted.
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Delegation: Committee
9. Committee Action Status Report
BRISCOE
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That the information be received and noted.
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MOTION CARRIED VOTING RECORD
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Delegation: Committee
Regulation 29(3) Local Government
(Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
10.1 Landscaping of Parking Areas - E6.7.8 P1
File Ref: F21/111156; 13-1-10
Memorandum of the Director City Planning of 24 November 2021.
BEHRAKIS
That the information be received and noted.
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MOTION CARRIED VOTING RECORD
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Delegation: Committee
Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
No questions were asked at the meeting.
BEHRAKIS
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That the Committee resolve by majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:
· Confirm the minutes of the closed portion of the meeting · Questions without notice in the Closed portion
The following items were discussed:-
Item No. 1 Minutes of the last meeting of the Closed Portion of the Committee Meeting Item No. 2 Consideration of supplementary items to the agenda Item No. 3 Indications of pecuniary and conflicts of interest Item No. 4 Questions Without Notice
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MOTION CARRIED VOTING RECORD
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Delegation: Committee
There being no further business the Open portion of the meeting closed at 6.32pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
13th DAY OF DECEMBER 2021.
CHAIRMAN