Agenda of Planning Committee Meeting - Wednesday, 19 April 2023

Agenda (Open Portion)

Planning Committee Meeting

Page 6

19/4/2023

Planning Committee Meeting (Open Portion) held Wednesday, 19 April 2023 at 5:00 pm in the Council Chamber, Town Hall.

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

Apologies:

Leave of Absence: Nil.

1. Confirmation of Minutes

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 29 March 2023, are submitted for confirming as an accurate record.

2. Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

Recommendation

That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer.

3. Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

Members of the Committee are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.

4. Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

In the event that the Committee transfer an item to the closed portion, the reasons for doing so should be stated.

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

5. Planning Authority Items - Consideration of Items With Deputations

In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer is to arrange the agenda so that the planning authority items are sequential.

In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.

Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.

RECOMMENDATION

That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.

6. Committee Acting as Planning Authority

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 No. 6.1.1

Agenda (Open Portion)

Planning Committee Meeting

Page 8

19/4/2023

6.1 Applications under the Sullivans Cove Planning Scheme 1997

6.1.1 20 McVilly Drive, Hobart and Adjacent Road Reserve - Partial Demolition, Relocation of Shared Path, and Associated Works

PLN-22-436 - FILE REF: F23/34823

Address: 20 McVilly Drive, Hobart and Adjacent Road Reserve

Proposal: Partial Demolition, Relocation of Shared Path and Associated Works

Expiry Date: 19 April 2023

Extension of Time: Not applicable

Author: Ben Ikin

REcommendation

That pursuant to the Sullivans Cove Planning Scheme 1997, the Planning Committee, in accordance with the delegations contained in its terms of reference, approves the application for partial demolition, relocation of shared path, and associated works at 20 McVilly Drive and adjacent road reserve, Hobart for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN22436 20 MCVILLY DRIVE HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2023/00247HCC dated 08/03/2023 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 19

Cranes or other temporary structures used in the construction of the approved development must not create an obstruction or hazard for the operation of aircraft.

Advice:

Further advice about whether the development will or will not create an obstruction or hazard can be obtained by contacting the Civil Aviation Safety Authority, the Department of Health and Human Services (rhhfmeadmin@ths.tas.gov.au (03) 6166 8832) and the helipad/helicopter operator (Rotorlift, chiefpilot@rotorlift.com.au (03) 6248 4117.

Please be aware of the possibility of downdraft conditions in the Royal Hobart Hospital Heli Airspace / flightpath area from operating helicopters on any crane lifts when any crane operation is taking place and consider this in Job Safety Analysis / Safe Work Method Statements.

Please consider the use of boom illumination or warning lights when operating in the Royal Hobart Hospital Heli Airspace / flightpath area as part of Job Safety Analysis / Safe Work Method Statements.

Reason for condition

To ensure that buildings do not interfere with safe aircraft operations in the vicinity of the Royal Hobart Hospital helipad.

PLN s1

Electrical conduit/s, or similar, must be installed under the pathway pavement to ensure adequate power can be supplied from existing power boxes, without creating a hazard to path users.

Advice:

The applicant is encourage to consult with the Royal Hobart Regatta Association to ensure the installations also meet their requirement

ENG sw1

All stormwater from the proposed development must be drained via gravity 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.

SW 7

Prior to occupancy or the commencement of the use (whichever occurs first), any new stormwater connection must be constructed and existing redundant connection(s) be abandoned and sealed at the owner’s expense.

Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), detailed engineering drawings must be submitted via the City of Hobart’s online request form which is available on its website and approved.

The detailed engineering drawings must include:

1. the location of the proposed connections and all existing connections;

2. the size and design of the connection such that it is appropriate to safely service the development;

3. longsections of the proposed connection clearly showing clearances from any nearby services, cover, size, material and delineation of public and private infrastructure;

4. connections which are freeflowing gravity driven;

All work required by this condition must be undertaken in accordance with the approved detailed engineering drawings. The approved stormwater connection documents must be included in your plumbing permit application document set and listed in accompanying forms.

ENG tr1

Prior to the issuing of any building consent under the Building Act 2016, or the commencement of works on site, whichever occurs first, a revised signage and line marking plan must be submitted and approved as a condition endorsement, to the satisfaction of the Director City Life.

The revised plan must:

1. address safety and conflict concerns raised by the Department of State Growth and City Mobility about the intersection of the new path and the existing path adjacent to the Tasman Highway, and the signage and line marking at the crossing for the new path across McVilly Drive; and

2. include details of a safety fence to separate users of the path at the new intersection adjacent to the Tasman Highway from moving vehicles on the Tasman Highway.

All work required by this condition, must be undertaken in accordance with the approved revised signage and line marking 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.

The applicant is encouraged to consult with TasRail regarding the revised line marking plan in relation to the crossing of McVilly Drive.

Reason for condition

To ensure the safety of the users of the shared path

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, 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)

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.

OPS 5

All trees within 15m of the proposed works, including the demolition works, the works near the Tasman Highway and the works near McVilly Drive, must be fenced off before works commence. All trees must be protected from damage for the duration of the works, to the satisfaction of the Director City Life. No vehicular access, excavation, placement of fill, storage of materials or soil disturbance is to occur within the tree protection zone of any tree, as defined in AS4970. There must be no pruning, lopping or damage to the trees including trunks and roots.

Details of the tree protection measures must be clearly notated on all detailed drawings and described in the specification documents.

Reason for condition

To protect and enhance the intrinsic and cultural values of the Domain.

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.

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.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-22-436 - 20 MCVILLY DRIVE HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-22-436 - 20 MCVILLY DRIVE HOBART TAS 7000 - Planning Committee Agenda Documents ⇩

Item No. 6.2.1

Agenda (Open Portion)

Planning Committee Meeting

Page 1

19/4/2023

6.2 Applications under the Hobart Interim Planning Scheme 2015

6.2.1 41 Newdegate Street, West Hobart - Change of Use to Visitor Accommodation

PLN-23-47 - FILE REF: F23/35031

Address: 41 Newdegate Street, West Hobart

Proposal: Change of Use to Visitor Accommodation

Expiry Date: 24 April 2023

Extension of Time: Not applicable

Author: Deanne Lang

REcommendation

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 Planning approval is sought for change of use to visitor accommodation at 41 Newdegate Street Hobart for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN2347 41 Newdegate Street West Hobart 7000 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. To specify that guests must utilise the site for the parking of vehicles, that the maximum number of vehicles to be parked on the site (0). Additionally, at the booking stage, guests should be discouraged from bringing any vehicles and the parking of any vehicles in nearby streets should 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

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

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

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.

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

Attachment a: PLN-23-47 - 41 NEWDEGATE STREET WEST HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-23-47 - 41 Newdegate Street West Hobart 7000 - Planning Committee Agenda Documents ⇩

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