City
of hobart
MINUTES
Planning Committee Meeting
Open Portion
Wednesday, 30 November 2022 at 5:00pm
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Minutes (Open Portion) Planning Committee Meeting |
Page 2 |
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30/11/2022 |
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APOLOGIES AND LEAVE OF ABSENCE
2. Consideration of Supplementary Items
3. Indications of Pecuniary and Conflicts of Interest
5. Planning Authority Items - Consideration of Items with Deputations
5.1 Applications under the Hobart Interim Planning Scheme 2015
5.1.2 48 Liverpool Street, Hobart - Temporary Hospital Accommodation Facility
6.1 Delegated Decision Report (Planning)
6.2 Planning - Advertising Report
7. Closed Portion of the Meeting
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Minutes (Open Portion) Planning Committee Meeting |
Page 29 |
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30/11/2022 |
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Planning Committee Meeting (Open Portion) held on Wednesday, 30 November 2022 at 5:00 pm in the Council Chamber, Town Hall.
This meeting of the Planning Committee is held in accordance with a Notice issued by the Premier on 31 March 2022 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 Alderman S Behrakis (Chairman) Lord Mayor Councillor A M Reynolds Deputy Lord Mayor Councillor H Burnet Alderman M Zucco Councillor W F Harvey Councillor M Dutta Councillor Dr Z Sherlock Councillor J Kelly Councillor L Elliot Alderman L Bloomfield Councillor R Posselt Councillor B Lohberger
PRESENT: Alderman S Behrakis (Chairman), the Lord Mayor Councillor A M Reynolds, the Deputy Lord Mayor Councillor H Burnet, Alderman M Zucco, Councillors W F Harvey, M Dutta, J Kelly, L Elliot, Alderman L Bloomfield, Councillors R Posselt and B Lohberger.
APOLOGIES: Councillor Dr Z Sherlock.
LEAVE OF ABSENCE: Nil.
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DEPUTY LORD MAYOR BURNET
The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 24 October 2022, be confirmed as an accurate record.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Behrakis |
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Lord Mayor Reynolds |
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Deputy Lord Mayor Burnet |
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Zucco |
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Harvey |
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Dutta |
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Kelly |
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Elliot |
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Bloomfield |
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Posselt |
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Lohberger |
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The minutes were signed.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer.
No supplementary items were received.
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Members of the Committee are requested to indicate where they may have any pecuniary or conflicts of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.
No interest was indicated.
Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.
A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.
In the event that the Committee transfer an item to the closed portion, the reasons for doing so should be stated.
Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?
No items were transferred.
In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer is to arrange the agenda so that the planning authority items are sequential.
In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.
Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.
DEPUTY LORD MAYOR BURNET
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 |
Behrakis |
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Lord Mayor Reynolds |
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Deputy Lord Mayor Burnet |
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Zucco |
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Harvey |
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Dutta |
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Kelly |
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Elliot |
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Bloomfield |
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Posselt |
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Lohberger |
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5.1 Applications under the Hobart Interim Planning Scheme 2015
Mr Phillp Stary (Applicant) addressed the Committee in relation to item 5.1.1.
5.1.1 14 Marlborough Street, Sandy Bay - Partial Demolition, Alterations and Change of Use to Two Multiple Dwellings |
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LORD MAYOR REYNOLDS
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That pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for the application for partial demolition, alterations, and change of use to two multiple dwellings at 14 Marlborough Street, Sandy Bay 7005 because the application satisfies the requirements of the planning scheme, in particular clause E6.6.1 P1, and a permit containing the following conditions be issued:
GEN
TW
PLN 2
Screening
to a height of 1.7m above the deck floor level, with no more than 25% uniform
transparency must be installed and maintained along the north western,
western and south western edges of the proposed deck for Unit 1 prior to
first occupation.
PLN 3
PLN s1 Approval is for two (2) dwellings on site, one only on each
level. PLN s3
ENG 2b
Advice: ENG 2c
ENG 5
Advice That the applicant consider making a further development application for an additional parking space at the front of the site. Further, that the applicant use additional landscaping if a further car park is created.
ADVICE
CONDITION ENDORSEMENT
BUILDING PERMIT
PLUMBING PERMIT
NOISE REGULATIONS
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 Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for the application for partial demolition, alterations, and change of use to two multiple dwellings at 14 Marlborough Street, Sandy Bay 7005 because the application satisfies the requirements of the planning scheme, in particular clause E6.6.1 P1, and a permit containing the following conditions be issued:
GEN
TW
PLN 2
Screening
to a height of 1.7m above the deck floor level, with no more than 25% uniform
transparency must be installed and maintained along the north western,
western and south western edges of the proposed deck for Unit 1 prior to
first occupation.
PLN 3
PLN s1
PLN s3
ENG 2b
Advice: ENG 2c
ENG 5
Advice That the applicant consider making a further development application for an additional parking space at the front of the site. Further, that the applicant use additional landscaping if a further car park is created.
ADVICE
CONDITION ENDORSEMENT
BUILDING PERMIT
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. NOISE REGULATIONS
WASTE DISPOSAL
FEES AND CHARGES
DIAL BEFORE YOU DIG
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Delegation: Committee
Mr Frazer Read and Mr Mark Leis (Applicant) addressed the Committee in relation to item 5.1.2.
5.1.2 48 Liverpool Street, Hobart - Temporary Hospital Accommodation Facility |
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DUTTA
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That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 22 November 2022, be adopted, as amended by the addition of the following advice clause: “Advice The applicant is advised that there is a strong preference by the planning authority that there is no further extension sought for this temporary building.”
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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 Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for temporary hospital accommodation facility at the Royal Hobart Hospital, 48 Liverpool Street Hobart TAS 7000 for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:
GEN
The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN22701 48 Liverpool 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: 8019 dated 21 November 2022, as attached to the permit.
Reason for condition
To clarify the scope of the permit.
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 s1
The proposed temporary removal and consequential reinstatement of the sandstone figure heads, balcony handrails and door openings to Building C must be undertaken in accordance with the recommendations contained within the memorandum dated 13 April 2015 addressed to Stuart Jones (Royal Hobart Hospital) from Peter Bartlett (Lyons Architects) – reference 150410 Liverpool Street Memorandum (2 pages). Reinstatement of building fabric detailed in that memorandum must occur within six months of the temporary hospital accommodation facility approved by this permit having been removed from the site.
Advice: This replicates condition 5 on planning permit PLN150046001, and condition HER S1 on PLN18415
Reason for condition
To ensure the appropriate care and retention of heritage integrity at the site.
HER s3
The temporary hospital accommodation (J Block) facility is approved until 31 March 2036 and must be removed from the site within six months of that date.
Reason for condition
To clarify the scope of the permit.
Advice The applicant is advised that there is a strong preference by the planning authority that there is no further extension sought for this temporary building.
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.
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Delegation: Committee
5.1.3 287A Lenah Valley Road, 269 Lenah Valley Road, Lenah Valley - Partial Demolition, Alterations, Extension, and Associated Works |
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ZUCCO
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That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 24 November 2022, 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 Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for partial demolition, alterations, extension, and associated works at 287A Lenah Valley Road and 269 Lenah Valley Road, Lenah Valley, for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:
GEN
The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN22250 287A Lenah Valley Road Lenah Valley TAS 7008 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 2022/00611HCC dated 3/10/2022 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, 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 sw6
All stormwater from the proposed development (including hardstand runoff) must be discharged to New Town Rivulet via infrastructure with sufficient receiving capacity prior to occupation or commencement of use (whichever occurs first). All costs associated with works required by this condition are to be met by the owner.
Design drawings and calculations of the proposed stormwater drainage and outfall to the Council's stormwater infrastructure must be submitted and approved as a Condition Endorsement prior to the commencement of work. The design drawings and calculations must:
1. be prepared by a suitably qualified engineer; and 2. include long section from the new pit SW1/2 to the Rivulet invert 3. Clearly distinguish between public and private, and existing and proposed and proposed by thirdparties. 4. Any new public infrastructure must be to Council's satisfaction.
All work required by this condition must be undertaken in accordance with the approved design drawings and calculations.
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), detention for stormwater discharges from the development 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 into the DN100 connection up to 5% AEP event and flows are limited to the stated 3L/s as per the Gandy and Robert drawing 20.0402 C010 Rev A. · the layout, the inlet and outlet (including long section), outlet size, overflow mechanism and invert level; · the discharge rates and emptying times, and volume required for all 5% AEP events; 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 3a
The access driveway and parking area must be constructed in accordance with the following documentation which forms part of this permit: PLN22250 287A Lenah Valley Road Lenah Valley TAS 7008 Driveway Plans submitted 5th of July 2022 by Gandy and Roberts Consultant Engineers.
Any departure from that documentation and any works which are not detailed in the documentation must be either:
a) approved by the Director City Life, via a condition endorsement application; or b) designed and constructed in accordance with Australian Standard AS/NZ 2890.1:2004.
The works required by this condition must be completed prior to first occupation.
Reason for condition
To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
ENG 3c
Prior to the first occupation, a suitably qualified engineer must certify that the access driveway and parking area has been constructed in accordance with design drawings approved by Condition ENG 3a.
Advice:
We strongly encourage you to speak to your engineer before works begin so that you can discuss the number and nature of the inspections they will need to do during the works in order to provide this certification. It may be necessary for a surveyor to also be engaged to ensure that the driveway will be constructed as approved.
The reason this condition has been imposed as part of your planning permit is that the driveway is outside the Australian Standard gradients or design parameters. If the driveway is not constructed as it has been approved then this may mean that the driveway will either be unsafe or will not function properly.
An example certificate is available on our website.
Reason for condition
To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
ENG 11
Prior to the first occupation / commencement of the use, the proposed crossover to the Lenah Valley Road highway reservation must be designed and constructed in general accordance with LGAT Standard Drawing Urban TSDR09v3 – Urban Roads Driveways and TSD R14v3 Type KC vehicular crossing; and Footpath Urban Roads Footpaths TSDR11v3.
Advice:
Local Government Association (LGAT) Tasmanian Standard Drawings (TSD) can be viewed electronically via the LGAT Website.
It is advised that designers consider the detailed design of the crossover, 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.
Please note that this approval does not include adjustment of footpath levels. Any adjustment to footpath levels necessary to suit the design of proposed floor, parking module or driveway levels will require separate agreement from Council's Program Leader Road Services and may require further approval. It is advised to place a note to this effect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.
Please contact the Council's City Infrastructure Unit to discuss approval of alternate designs. Based on a site specific assessment, Council may permit extending non approved concrete slab crossover, and where nonstandard kerb and channel exists a concrete plinth to Council standards may be permitted for construction at the gutter.
You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.
Reason for condition
In the interests of vehicle user safety and the amenity of the development.
ENG 1
Any damage to council infrastructure resulting from the implementation of this permit, must, at the discretion of the Council:
1. Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or 2. Be repaired and reinstated by the owner to the satisfaction of the Council.
A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.
A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, preexisting damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.
Reason for condition
To ensure that any of the Council's infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.
ENV 1
Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or revegetated.
Advice:
For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.
Reason for condition
To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.
ADVICE
The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
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.
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.
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.
DRIVEWAY SURFACING OVER HIGHWAY RESERVATION
If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.
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: Committee
6. Reports
Delegation: Committee
ZUCCO
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That the recommendation contained in the memorandum of the Director City Life of 24 November 2022, 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 Planning – Advertising Report be received and noted.
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Delegation: Committee
ZUCCO
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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
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 Planning Authority Items – Consideration of Items with Deputations
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MOTION CARRIED VOTING RECORD
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There being no further business the Open portion of the meeting closed at 6.32 pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
14th DAY OF DECEMBER 2022.
CHAIRMAN