City
of hobart
MINUTES
Planning Committee Meeting
Open Portion
Wednesday, 14 December 2022 at 5:00pm
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Minutes (Open Portion) Planning Committee Meeting |
Page 2 |
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14/12/2022 |
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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
5.1.2 792 Sandy Bay Road, Sandy Bay - Alterations and Garage
5.1.3 61-63 Hampden Road, Battery Point - Partial Change of Use to Visitor Accommodation
5.1.4 35 Feltham Street, North Hobart - Change of Use to Visitor Accommodation
6.1 Significant Tree Nominations - Hobart Interim Planning Scheme Amendment PSA-22-4
6.2 City Planning - Advertising Report
6.3 Delegated Decision Report (Planning)
8. Closed Portion of the Meeting
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Minutes (Open Portion) Planning Committee Meeting |
Page 21 |
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14/12/2022 |
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Planning Committee Meeting (Open Portion) held on Wednesday, 14 December 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, Dr Z Sherlock, J Kelly, L Elliot and B Lohberger.
APOLOGIES: Nil.
LEAVE OF ABSENCE: Nil.
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The Lord Mayor arrived at the meeting at 5.23pm, left the meeting at 6.10, returning at 6.35pm and retired from the meeting at 8.37pm and was not present for items 1 to 5, 5.1.2 to 5.1.6 and items 6.2 to 8.
Alderman Zucco left the meeting at 5.02pm, returning at 6.06pm, retired from the meeting at 9.21pm and was not present for items 5.1.4, 5.1.5 and 6.2 to 8.
Councillor Harvey left the meeting at 6.52pm, returning at 6.54pm.
Councillor Dutta left the meeting at 6.32pm, returning at 6.37pm.
Councillor Sherlock left the meeting at 8.39pm, returning at 8.42pm and retired from the meeting at 8.53pm and was not present for items 5.1.3 to 5.1.6 and items 6.2 to 8.
Councillor Kelly left the meeting at 6.27pm, returning at 6.29pm.
Councillor Elliot left the meeting at 6.32pm, returning at 6.37pm, left the meeting at 9.17pm, returning at 9.19pm.
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DEPUTY LORD MAYOR BURNET
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The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 30 November 2022, be confirmed as an accurate record.
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MOTION CARRIED VOTING RECORD
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The minutes were signed.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer.
No supplementary items were received.
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Members of the Committee are requested to indicate where they may have any pecuniary or conflicts of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.
No interest was indicated.
Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.
A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.
In the event that the Committee transfer an item to the closed portion, the reasons for doing so should be stated.
Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?
No items were transferred.
In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer is to arrange the agenda so that the planning authority items are sequential.
In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.
Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.
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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Deputy Lord Mayor Burnet |
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Zucco |
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Harvey |
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Dutta |
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Sherlock |
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Kelly |
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Elliot |
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Lohberger |
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5.1 Applications under the Hobart Interim Planning Scheme 2015
Ms Fiona Davidson (Representor), Mr Dean Coleman, Mr Grant Atherton, Mr Peter Walker, Mr David Fagan and Mr Matthew Clark addressed the Committee in relation to item 5.1.1.
Delegation: Committee
Item 6.1 was then taken.
Mr Stephen Calladine (Representor) addressed the committee in relation to item 5.1.2
5.1.2 792 Sandy Bay Road, Sandy Bay - Alterations and Garage |
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DUTTA
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That pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee refuse the application for alterations and garage at 792 Sandy Bay Road Sandy Bay TAS 7005 as the proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.7.2 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the design of the vehicle access point is not safe, efficient or convenient.
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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 refuse the application for alterations and garage at 792 Sandy Bay Road Sandy Bay TAS 7005 as the proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.7.2 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the design of the vehicle access point is not safe, efficient or convenient.
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Delegation: Committee
Mr Andrew Edwards (Representor) addressed the Committee in relation to item 5.1.3.
5.1.3 61-63 Hampden Road, Battery Point - Partial Change of Use to Visitor Accommodation |
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HARVEY
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That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 1 December 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, approves the application for partial change of use to visitor accommodation at 6163 Hampden Road, Battery Point 7004, 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 PLN22615 6163 HAMPDEN ROAD BATTERY POINT TAS 7004 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 Life. 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 behaviour 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. Additionally, at the booking stage, guests must be advised that no on site car parking will be provided. Guests should be discouraged from using a vehicle while staying on the site and encouraged to use alternative modes of transport, such as walking and cycling. The parking of any additional vehicles in nearby streets should also be discouraged. 6. 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 Visitor Accommodation Management Plan (VAMP) 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 VAMP must be provided to adjacent property owners and occupiers within 14 days of being approved. If the property is sold, the updated VAMP (in accordance with 6. 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.
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).
NOISE REGULATIONS
Click here for information with respect to noise nuisances in residential areas.
FEES AND CHARGES
Click here for information on the Council's fees and charges.
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 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.
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
Item 5.1.6 was then taken.
5.1.4 35 Feltham Street, North Hobart - Change of Use to Visitor Accommodation |
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DEPUTY LORD MAYOR BURNET
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That the item be withdrawn from the agenda. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the item be withdrawn from the agenda.
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Delegation: Committee
5.1.5 15 Marieville Esplanade, Sandy Bay and Adjacent Area of River Derwent - Partial Demolition, Alterations and Additional Floating Pontoons |
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HARVEY
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That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 5 December 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, approves the application for a partial demolition, alterations and additional floating pontoons at 15 Marieville Esplanade and adjacent River Derwent, Sandy Bay TAS 7005 for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:
GEN
The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN22674 15 MARIEVILLE ESPLANADE AND ADJACENT RIVER DERWENT Final Planning Documents except where modified below.
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 2
An approved Demolition and Construction Environmental Management Plan (DCEMP) must be implemented.
Prior to the commencement of works, a Demolition and Construction Environmental Management Plan must be submitted and approved.
The Demolition and Construction Environmental Management Plan must:
· be prepared by a suitably qualified person;
· detail the proposed demolition and construction methodology (particularly where works may have environmental impacts);
· identify all potential environmental impacts associated with the works including (as relevant) noise, odours, air pollution, water pollution, land contamination, erosion, land instability, changes to hydrology, habitat degradation and impacts upon flora and fauna;
· include measures to avoid or mitigate all identified environmental risks; and
· reflect the recommendations of the Environmental Impact Assessment by Marine Solutions Tasmania P/L dated June 2022 including: 1. implementation of a 300m exclusion zone for marine mammals; 2. a slow startup for piling works; 3. installation of silt screens around works areas; 4. timing sedimentgenerating activities to periods of calm conditions; 5. timing of construction activities to minimise potential impacts to spotted handfish.
The DCEMP must clarify timing restrictions with regard to potential impacts to spotted handfish based on the advice of a suitably qualified person.
Advice:
The recommended spotted handfish key mitigation in section 8.5 of the submitted Environmental Impact Assessment is unclear and is contradictory to the recommendations in sections 4.1.4 and Table 1.
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 minimise the environmental impact of demolition and construction works.
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.
COUNCIL RESERVES
This permit does not authorise any works outside of the land leased by the Royal Yacht Club of Tasmania. Any act that causes, or is likely to cause, damage to Council’s land may be in breach of Council’s Public Spaces Bylaw and penalties may apply. Further information is available at: https://www.hobartcity.com.au/Community/Parksreserves andsportingfacilities/Carryingoutactivitiesorworksinaparkorreserve
WASTE DISPOSAL
It is recommended that the developer liaise with the Council’s City Resilience 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.
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Delegation: Committee
Item 6.2 was then taken.
Mr Stefan Giameos addressed the Committee in relation to item 5.1.6.
5.1.6 45 Elizabeth Street, Hobart - Partial Demolition, Alterations, Extension and Change of Use to General Retail and Hire and Five Multiple Dwellings - Application No. ETA -22-212 |
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DUTTA
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That the recommendation contained in the memorandum of the Senior Statutory Planner and the Manager Development Appraisal of 8 December 2022, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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1. The Planning Committee, in accordance with the delegations contained in its terms of reference, approves to grant the extension of time in which to substantially commence planning permit PLN20524.
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Delegation: Committee
Item 5.1.4 was then taken
6. Reports
Mr Peter O’Donoghue, Ms Kim Backhouse, Mr Simon East, Mr Annette Moore, Ms Prue Slatyer, Mr Ian Johnstone and Mr Geoff Lang addressed the Committee in relation to item 6.1
6.1 Significant Tree Nominations - Hobart Interim Planning Scheme Amendment PSA-22-4 |
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LORD MAYOR REYNOLDS
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That the recommendation contained in the report of the Development Planner and the Director City Life of 5 December 2022, be adopted, as amended by the addition of the following sub clauses (i) and (ii) to part 1 and a new clause 5 to read as follows: “(i) with the deletion of one of the Bhutan cypresses, being the one that significantly overhangs 3 Weld Street South Hobart, from the list in Attachment A; and (ii) the addition to the amendments schedule of trees marked as reference 37, and the two Eucalyptus morrisbyi trees within the nomination as marked as reference 20 in Attachment C at 2 Churchill Avenue Sandy Bay 5. A report be provided to Council on the status of the urban canopy on public and private land, to assist with informing whether the Council has the right approach to tree protection.”
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AMENDMENT ZUCCO
That the following two amendments be voted on separately:
1. That the listing of 7 London plane trees in Federal Street North Hobart be deferred until implications from the North Hobart Structure Plan have been considered. 2. The English walnut tree at 6 Cromwell Street be withdrawn from the amendments schedule.
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AMENDMENT LOST (Part 1) VOTING RECORD
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AMENDMENT LOST (Part 2) VOTING RECORD
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AMENDMENT ELLIOT
That where owners have objected to the listing of trees on their properties these listings be withdrawn.
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AMENDMENT LOST VOTING RECORD
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SUBSTANTIVE MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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1. Pursuant to Section 34(1) (b) of the former provisions of the Land Use Planning and Approvals Act 1993, Council resolve to initiate amendment PSA-22-4 to E24.0 Significant Trees Code of the Hobart Interim Planning Scheme 2015 to insert 64 additional listings into Table E24.1 Significant Tree List as indicated in Attachment A: (i) with the deletion of one of the Bhutan cypresses, being the one that significantly overhangs 3 Weld Street South Hobart, from the list in Attachment A; and (ii) the addition to the amendments schedule of trees marked as reference 37, and the two Eucalyptus morrisbyi trees within the nomination as marked as reference 20 in Attachment C at 2 Churchill Avenue Sandy Bay. 2. Pursuant to Section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council certify that amendment PSA-22-4 to the Hobart Interim Planning Scheme 2015 meets the requirements of Section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the Chief Executive Officer and Director City Life to sign the Instrument of Certification (Attachment B). 3. Pursuant to Section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place amendment PSA-22-4 to the Hobart Interim Planning Scheme 2015 on exhibition for a 28 day period. 4. Council resolve that in future, nominations for significant trees be invited through a public process every five years rather than every three years. 5. A report be provided to Council on the status of the urban canopy on public and private land, to assist with informing whether the Council has the right approach to tree protection.
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Delegation: Committee
Item 5.1.2 was then taken.
HARVEY
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That the recommendation contained in the memorandum of the Director City Life of 30 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
DEPUTY LORD MAYOR BURNET
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That the recommendation contained in the memorandum of the Director City Life of 7 December 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 Delegated Decision Report (Planning) be received and noted.
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Delegation: Committee
Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
No questions were asked at the meeting.
HARVEY
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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 · Planning Appeal - Mediation · 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 Planning Authority Items – Consideration of Items with Deputations Item No. 5 Reports Item No. 5.1 PLN-17-430 - 242-250 Elizabeth Street, Hobart & 236 240 Elizabeth Street and 234 Elizabeth Street & 213 Murray Street & 68 Warwick Street & 72 Warwick Street & 222 228 Elizabeth Street & Adjoining Right of Way - Appeal - Mediation LG(MP)R 15(2)(i) Item No. 5.2 Planning Authority Decisions Subject to Appeal before the Tasmanian Civil and Administrative Tribunal - Monthly Update LG(MP)R 15(2)(i) Item No. 6 Questions Without Notice
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MOTION CARRIED VOTING RECORD
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The Chairman adjourned the meeting at 9.23 pm for a dinner break.
The meeting was reconvened at 9.40 pm.
Item 5.1.5 was then taken.
There being no further business the Open portion of the meeting closed at 9.38 pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
18th DAY JANUARY 2023.
CHAIRMAN