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Agenda (Open Portion)

Planning Committee Meeting

Page 1

17/5/2023

Agenda (Open Portion)

Planning Committee Meeting

Page 1

17/5/2023

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 3 May 2023, are submitted for confirming as an accurate record.

Item No. 6.1.1

Agenda (Open Portion)

Planning Committee Meeting

Page 1

17/5/2023

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 a Change of Use to Visitor Accommodation at 8/12 WILMOT 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 PLN­23­158 8/12 WILMOT STREET HOBART TAS 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 (one (1) vehicle), and detail where the parking spaces are located and how the spaces are to be accessed. Additionally, at the booking stage, guests should be discouraged from bringing more than one (1) vehicle and 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.

PLN 14

The noise generated by the Visitor Accommodation must not cause environmental harm.

Reason for the condition

To ensure noise emissions do not cause environmental harm in accordance with EMPCA 1994 and the Environmental Management and Pollution Control (Noise) Regulations 2016 so as to avoid unreasonable impact on 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).

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.

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 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.

Item No. 6.1.1

Agenda (Open Portion)

Planning Committee Meeting - 17/5/2023

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ATTACHMENT a

Item No. 6.1.1

Agenda (Open Portion)

Planning Committee Meeting - 17/5/2023

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ATTACHMENT b

Item No. 6.1.1

Agenda (Open Portion)

Planning Committee Meeting - 17/5/2023

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ATTACHMENT c

Item No. 6.1.2

Agenda (Open Portion)

Planning Committee Meeting

Page 1

17/5/2023

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 Partial Demolition, Extension to Driveway, Carport, Ancillary Dwelling and Studio at 127 Warwick Street, West 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 PLN­21­796 ­ 127 WARWICK STREET WEST HOBART TAS 7000 ­ Planning Committee Agenda Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s1

The permit grants approval for the Ancillary Dwelling and Studio.

The Partial Demolition, Extension to Driveway and Carport are not approved.

Reason for condition

To clarify the scope of the permit

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, retaining wall ag drains and impervious surfaces such as driveways and paved areas) must be drained via gravity to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first).

Any private or private shared stormwater system passing through third­party land must have sufficient receiving capacity.

Advice:

Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater onto a neighbouring property. A property can only have a single connection under the Urban Drainage Act 2013 unless demonstrated to be impractical. Existing connection needs to be located and the stormwater from the proposed works be connected to the existing connection.

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 for stormwater discharges from the development must be installed.

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:

1.      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;

2.      the layout, the inlet and outlet (including long section), outlet size, overflow mechanism and invert level;

3.      the discharge rates and emptying times; and

4.      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 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 17b

The use of the colours Monument and Night Sky on the roof of the new dwelling is not approved. An alternative colour in mid to light grey must be selected that is more sympathetic to and reflects the exterior colours within the local streetscape and precinct.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved which shows an alternative roof cladding colours in accordance with the above requirements.

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

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, 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.

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a permit for the occupation of the public highway for construction (e.g. placement of skip bin, crane, scissor lift etc). 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

It is recommended that the existing internal fence beside the clothesline should be changed to a floodway­friendly fence to allow water flow.

RIGHT OF WAY

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

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

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.

Item No. 6.1.2

Agenda (Open Portion)

Planning Committee Meeting - 17/5/2023

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ATTACHMENT a

Item No. 6.1.2

Agenda (Open Portion)

Planning Committee Meeting - 17/5/2023

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ATTACHMENT b

Item No. 6.1.2

Agenda (Open Portion)

Planning Committee Meeting - 17/5/2023

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ATTACHMENT c

Item No. 6.1.3

Agenda (Open Portion)

Planning Committee Meeting

Page 1

17/5/2023

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 a Dwelling and Front Fencing at 44 NICHOLAS DRIVE 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 PLN­22­818 44 NICHOLAS DRIVE SANDY BAY TAS 7005 ­ 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 2022/01997­HCC dated 21/02/2023 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

Approval is for one (1) single dwelling only. The guest bedroom, study and main bedroom are not approved for separate occupation from the dwelling.

Reason for condition

To ensure compliance with the definition for Single Dwelling under the Hobart Interim Planning Scheme 20215.

PLN s2

The study is not approved for any commercial or non residential use.

Reason for condition

The floor area of the study is too big to be used as a Home Based Business without application for and granting of an additional planning permit.

PLN s3

The owners of the subject site must provide the owners of 42 Nicholas Dr with opening devices for the proposed sliding gate on the access driveway and Right of Way to ensure that 42 Nicholas Dr has unimpeded access along the shared Right of Way at all times.

Reason for condition

To ensure that the Right of Way is not blocked at any time for all parties with Rights of Way over the shared access.

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.

SW 9

A stormwater management report and design must be submitted. 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:

1.      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;

2.      the layout, the inlet and outlet (including long section), outlet size, overflow mechanism and invert level;

3.      the discharge rates and emptying times; and

4.      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 2b

Further detailed designs are required for the proposed vehicle barriers shown on INARDI PTY LTD 44 Nicholas Drive, Sandy Bay, Job No. 2194, Drawing DA22 ­ Amendment 7 dated 08/02/23 (received by Council on the 15th of February 2023).

This documentation must be submitted and approved as a condition endorsement, prior to the issuing of any approval under the Building Act 2016.

The detailed designs must:

1.      be prepared and certified by a suitably qualified engineer;

2.      be in accordance with the Australian Standard AS/NZS 1170.1:2002, if possible; and

3.      show [dimensions, levels, gradients and transitions], and other details as Council deem necessary to satisfy the above requirement.

The vehicle barriers must be installed in accordance with the approved detailed designs prior to first occupation.

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 the safety of users of the access driveway and parking module and compliance with the standard.

ENG 2c

Prior to the first occupation, a suitably qualified engineer must certify that the vehicle barriers have been installed in accordance design drawings approved by Condition ENG 2b.

Advice:

An example certificate is available on our website.

Reason for condition

To ensure the safety of users of the access driveway and parking module and compliance with the relevant standards.

ENG 3a

The access driveway and parking area must be constructed in accordance with the following documentation which forms part of this permit: INARDI PTY LTD, 44 Nicholas Drive, Sandy Bay, Job No. 2194, Drawing DA22 ­ Amendment 7 dated 08/02/23 (received by Council on the 15th of February 2023).

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 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