City
of hobart
MINUTES
Planning Committee Meeting
Open Portion
Wednesday, 9 August 2023 at 5.00pm
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Minutes (Open Portion) Planning Committee Meeting |
Page 2 |
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9/8/2023 |
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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
6. Committee Acting as Planning Authority
6.1 Applications under the Hobart Interim Planning Scheme 2015
6.1.1 2 Davies Avenue, Hobart - Lighting and Public Address System Upgrades
7.1 Planning - Advertised Applications Report
7.2 Delegated Decision Report (Planning)
9. Closed Portion of the Meeting
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Minutes (Open Portion) Planning Committee Meeting |
Page 3 |
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9/08/2023 |
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Planning Committee Meeting (Open Portion) held on Wednesday, 9 August 2023 at 5:00 pm in the Council Chamber, Town Hall.
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, Councillors W F Harvey, M Dutta, J Kelly, R Posselt and B Lohberger
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APOLOGIES: Deputy Lord Mayor Councillor H Burnet Councillor Dr Z Sherlock
LEAVE OF ABSENCE: Nil
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The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 26 July 2023, be confirmed as an accurate record.
Dutta That the recommendation be adopted.
MOTION CARRIED VOTING RECORD
The minutes were signed.
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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.
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.
Dutta That the recommendation be adopted.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Behrakis |
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Lord Mayor Reynolds |
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Harvey |
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Dutta |
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Kelly |
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Posselt |
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Lohberger |
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In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.
In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.
The Committee is reminded that in order to comply with Regulation 25(2), the Chief Executive Officer is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.
Item 6.1.2 was then taken
6.1 Applications under the Hobart Interim Planning Scheme 2015
6.1.1 2 Davies Avenue, Hobart - Lighting and Public Address System Upgrades |
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That the recommendation contained in the report of the Development Appraisal Planner and Acting Manager Development Appraisal of 4 August 2023, be adopted.
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 Lighting and Public Address System Upgrades at 2 DAVIES AVENUE (QUEENS DOMAIN, COUNCIL FACILITIES) HOBART TAS 7000 for the reasons outlined in the officer’s report, marked as item 6.1.1 of the Open Planning Committee Agenda of 9 August 2023, 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 PLN22752 2 DAVIES AVENUE (QUEENS DOMAIN, COUNCIL FACILITIES) HOBART TAS 7000 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
PLN 19
Details of the light towers (ownership, geographic location, dimensions and whether they are marked or lit) must be reported to Airservices Australia so they can be recorded in their obstacle database and published on aeronautical charts.
Advice:
The process of reporting tall structures is outlined in AC 13908 v2.0 Reporting of Tall Structures.
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).
Reason for condition
To ensure that buildings do not interfere with safe aircraft operations in the vicinity of the Royal Hobart Hospital helipad.
ENV s1
The new speakers must be angled towards the ground as far as reasonably practicable.
Reason for condition
To ensure that noise emissions near a residential zone do not result in unreasonable adverse impact on residential amenity
ENV s2
Noise emissions measured at the boundary of a residential zone must not cause environmental harm within the residential zone.
Reason for condition
To ensure that noise emissions near a residential zone do not result in unreasonable adverse impact on residential amenity.
OPS 5
The recommendations specified in the Arborist Report (Impact of lighting pole installation on nearby trees at the Domain Athletic Centre; Romanski, 2023, p.8) must be implemented to the satisfaction of the Director City Life.
Reason for condition
To protect City of Hobart's trees as per the City of Hobart Street Tree Strategy.
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.
NOISE REGULATIONS
Click here for information with respect to noise nuisances in residential areas.
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.
FEES AND CHARGES
Click here for information on the Council's fees and charges.
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Delegation: Committee
Mr Joseph Roach, Mark Corrigan (Representors) and Mr Luke Chamberlain, joined by Liz Walsh, (applicant) addressed the committee in relation to item 6.1.2.
6.1.2 47 Maning Avenue, Sandy Bay and Adjacent Road Reserve - 11 Multiple Dwellings and Associated Works |
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That the recommendation contained in the report of the Acting Senior Statutory Planner and Acting Manager Development Appraisal of 4 August 2023, amended by the inclusion of the following, be adopted:
ENG s2
Add:
A copy of the approved Construction Traffic and Parking Management Plan must be provided to each of the surrounding properties, including: · all properties on Maning Avenue · numbers 4, 6 and 8 Evelyn Crescent · 20 McAulay Road.
ENVHE 4
Add:
A copy of the approved Construction Environmental Management Plan must be provided to each of the surrounding properties, including: · all properties on Maning Avenue · numbers 4, 6 and 8 Evelyn Crescent · 20 McAulay Road.
Part 5 1
Add:
6. Ongoing compliance with the Rivulet Reconstruction and Rehabilitation Plan approved under condition ENV s1.
7. Ongoing compliance with the landscaping plan by Arcadia dated November 2022.
PLN 11
A plan showing the palette of exterior colours and materials must be prepared, including all roofing colours and materials must be non–reflective.
Prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first), the plan showing exterior colours and materials must be submitted and approved as a condition endorsement. Samples and revised montages may be required to be submitted in support of the proposed plan.
All work required by this condition must be undertaken in accordance with the approved revised plans, samples and montages.
ENV s1
Add:
Prior to completion, confirmation from a suitably qualified expert that all landscaping works required by this condition have been implemented, must be submitted.
The vegetation which is planted on the site pursuant to the approved plan must be maintained and must not be disturbed. If any vegetation dies or is destroyed, replacement vegetation of a similar size must be planted within 30 days of the death or destruction.
ADVICE
The applicant is encouraged not to fence the site on the eastern side of Maning Rivulet.
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 eleven multiple dwellings and associated works at 47 Maning Avenue and adjacent road reserve, Sandy Bay, for the reasons outlined in the officer’s report, marked as item 6.1.2 of the Open Planning Committee Agenda of 9 August 2023, 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 PLN22809 47 MANING AVENUE SANDY BAY TAS 7005 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
PLN 11
A plan showing the palette of exterior colours and materials must be prepared, including all roofing colours and materials must be non–reflective.
Prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first), the plan showing exterior colours and materials must be submitted and approved as a condition endorsement. Samples and revised montages may be required to be submitted in support of the proposed plan.
All work required by this condition must be undertaken in accordance with the approved revised plans, samples and montages.
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 2022/02002HCC dated 11/5/2023 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: roads, driveways, roofed areas, and ag drains) must be drained to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first).
Reason for condition
To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.
SW 1
Prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first), a pre construction structural condition assessment and visual record (eg video and photos) of the Hobart City Council’s stormwater infrastructure within and adjacent to the proposed development must be submitted to the City of Hobart as a Condition Endorsement.
The condition assessment must include at least:
1. a site plan clearly showing the location of the investigation, with access points and all segments and nodes shown and labelled, with assets found to have a different alignment from that shown on the City of Hobart’s plans to be marked on the ground and on the plan; 2. a digital recording of a CCTV inspection and written condition assessment report in accordance with WSA 052013 Conduit Inspection Reporting Code of Australia, in a 'Wincan’ compatible format; 3. video of Maning Rivulet at least 10m above and below the site; and 4. photos of any existing drainage structures connected to or modified as part of the development. 5. All connections to properties along the section of Maning Ave to be reconstructed must be clearly identified and mapped.
The preconstruction condition assessment will be relied upon to establish the extent of any damage caused to Hobart City Council’s stormwater infrastructure during construction. If the owner/developer fails to provide the City of Hobart with an adequate preconstruction condition assessment then any damage to the City of Hobart’s infrastructure identified in the postconstruction condition assessment will be the responsibility of the owner/developer.
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.
SW 2
Prior to occupancy or the commencement of the approved use (whichever occurs first), a postconstruction structural condition assessment and visual record (eg video and photos) of the Hobart City Council’s stormwater infrastructure within and adjacent to the proposed development must be submitted to the City of Hobart.
The condition assessment must include at least:
1. a site plan clearly showing the location of the investigation, with access points and all segments and nodes shown and labelled, with assets found to have a different alignment from that shown on the City of Hobart’s plans shall be marked on the ground and on the plan; 2. a digital recording of a CCTV inspection and written condition assessment report in accordance with WSA 052013 Conduit Inspection Reporting Code of Australia, in a 'Wincan’ compatible format; 3. video of Maning Rivulet at least 10m above and below the site; 4. photos of any existing drainage structures connected to or modified as part of the development; and 5. location of any amended or new connections
The postconstruction condition assessment will be relied upon to establish the extent of any damage caused to the Hobart City Council’s stormwater infrastructure during construction. If the owner/developer fails to provide the City of Hobart with an adequate preconstruction condition assessment then any damage to the Hobart City Council’s infrastructure identified in the postconstruction CCTV will be deemed to be the responsibility of the owner/developer.
Advice:
Council notes some elements of the postworks CCTV may be able to be combined with the practical completion CCTVs, depending on timing.
SW 3
The proposed works (including road widening, driveway, building foundations and private plumbing) must be designed to ensure the protection of and access to the Hobart City Council’s stormwater system.
Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), a detailed design must be submitted and approved as a Condition Endorsement. The detailed design must be prepared and certified by a suitably qualified engineer and must:
a) Demonstrate how the design will maintain the overland flow path, provide adequate access to the system, impose no additional loads onto the system and that the structure will be fully structurally independent of the stormwater system and its trenching. b) Include crosssections clearly showing the relationship both vertically and horizontally between Council’s stormwater infrastructure and the proposed works (including footings), and stating the minimum setbacks from the works to the nearest external surface of the main. c) Include longsections of Council's stormwater infrastructure clearly showing proposed cover. If the cover is less than 600mm, engineering details and full calculations to relevant Australian standards (including construction traffic loading) must be submitted to demonstrate the mains and connections can withstand the likely forces and will be adequately protected. All assumptions must be stated.
Prior to issue of any Certificate of Completion a suitably qualified engineer must confirm the installation of the works within two metres of Council’s stormwater system is in accordance with the approved drawings and complies with this condition. Should any remediation works be required, these must be carried out at the developer’s cost.
All work required by this condition must be undertaken in accordance with the approved detailed 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. You will need separate permission from Council's Stormwater Unit under s73 of the Building Act 2016 and s13 and s14 of the Urban Drainage Act for the final certified detailed design plans.
SW 6
All new or altered public stormwater infrastructure required must be designed and constructed prior to occupancy or the commencement of the approved use (whichever occurs first). The road must be adequately and separately drained prior to sealing of the final plan or commencement of use, whichever occurs first.
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 and approved as a Condition Endorsement. The detailed engineering drawings must be certified by a suitably qualified and experienced civil engineer and must:
1. be substantially in accordance with the Local Government Association of Tasmania: Tasmanian Municipal Standard Drawings (May 2020), as varied by the City of Hobart’s published departures from those Drawings, and the Local Government Association of Tasmania, Tasmanian Subdivision Guidelines (October 2013); 2. clearly distinguish between public and private infrastructure; 3. show in both plan and longsection the existing and proposed stormwater infrastructure, including but not limited to, connections, flows, velocities, clearances, cover, gradients, sizing, material, pipe class, adequate working platforms around manholes, easements, headwalls, erosion control, adequate blockage factors, and inspection openings; Road surface drainage must also include fall arrows and crosssections. 4. include the associated calculations and catchment area plans. The stormwater system (including defined overland flow paths) must cater for all 1% AEP event flows as at 2100 (i.e., including climate change loading) from a fully developed catchment. The main itself must be sized to accommodate at least the 5% AEP event flows from a fullydeveloped catchment; 5. road design (including drainage) must facilitate the adequate and efficient servicing of other land within the catchment. Should the road design interfere with future connection installation, stub connections must be installed to the satisfaction of Council's Senior Waterways Engineer; 6. all affected drainage of thirdparty land, including surface runoff of driveways, must be reinstated at the developer's cost; 7. include details of a lot connection for the Balance Lot able to service the majority of the development efficiently via gravity; and, 8. include a construction program.
A structural condition assessment and visual record of the new public infrastructure must be submitted prior to issue of practical completion.
All work required by this condition must be undertaken in accordance with the approved detailed engineering drawings.
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. A Permit to Construct Public Infrastructure will be required, including bond and 12 month maintenance period for piped infrastructure, 24 month for works associated with the Rivulet reconstruction and culvert.
SW 9
Prior to occupancy or the commencement of the approved use (whichever occurs first), stormwater pretreatment 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 of the proposed treatment train, including final estimations of contaminant removal for both the private development and the works as a whole, and discussion of overall water quality post works (eg including creek rehabilitation and road sealing). Treatment for the private development must meet the State Stormwater Strategy Targets within the private system. The proposed pit inserts within public stormwater infrastructure are not accepted. 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.
SW 11
The development (including the driveway, ground floor, columns and the private works to the Maning Rivulet (including but not limited to driveway culvert, rivulet reconstruction and rehabilitation, and erosion mitigation measures)) must be designed, installed and maintained to minimise impact on and risk from flooding up to the critical 1% AEP at 2100 event.
Detailed engineering drawings accompanied with a report must be submitted 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). These must include (but are not limited to):
1. certification from an accredited and qualified structural engineer that all proposed works within the flood zone are designed to resist inundation, erosion, undermining and likely forces from a flood event (including debris loading); 2. details of the works within the modelled flood extent in the Flood Sensitivity Analysis or within 10m of the Rivulet. These works must be designed to be flood resilient. This must include crosssections of all works adjacent to the Rivulet (including the public turning bay deck) demonstrating their relationship (including footings) to the Rivulet banks and bed, and the 1% flood level. Column footings must extend below the invert of the Rivulet to bedrock. No private plumbing works may be located in the Rivulet bank (eg the private water main, stormwater pipes and treatment shown on Pitt & Sherry Drawing C1101 RevC) must be located within the driveway).
3. detailed plans, including crosssections and longsection, of the proposed private 2.7x1.2m driveway culvert and associated works 4. detailed plans, including crosssections and longsections, of the Rivulet Reconstruction and Rehabilitation works, as per condition ENVs1. These must reflect the recommendations of the Pitt & Sherry Flood Hazard Assessment Rev 02 dated 19 May 2023, and be in general accordance with the Pitt & Sherry civil plans submitted under this permit. Any significant alteration to the design hydrology must be supported by revised flood modelling. 5. details of measures to prevent erosion which may either increase sedimentation or threaten the proposed development; 6. a Flood and Erosion management summary plan from a suitably qualified and experienced expert that outlines the obligations for future property owners to flood and overland flow management, including:
a) the flood risk to the site, including depth, extent and hazard ratings for the 1% AEP at 2100 event and in the sensitivity analysis; b) identification of all measures to maintain and maximise the flood path through the site and their maintenance; c) identification of all flood risk and erosion management measures and their required monitoring and maintenance.
All work required by this permit must be undertaken in accordance with the approved detailed drawings and report.
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. You will need separate permission from Council's Stormwater Unit under s73 of the Building Act 2016 and s13 and s14 of the Urban Drainage Act for the final certified detailed design plans, and a Works in Watercourse or Riparian Zone Permit prior to commencement of works.
Council considers creek meander to be a natural process and will not carry out future erosion mitigation works to protect the development from this process.
SW 13
All works within the flood and riparian zone including buildings, footings, erosion control and Rivulet design must be inspected by a suitably qualified and accredited engineer.
Certification from a suitably qualified and accredited engineer that the installation has been constructed in accordance with the approved design, including flood capacity, must be provided to the City of Hobart prior to occupancy or commencement of use (whichever occurs first).
ENG tr1
Traffic management warning signage at the access driveway and circulation roadway to provide better delineation and visibility for drivers navigating the road must be provided.
Traffic management design drawing(s) (including signage and line marking), must be submitted and approved as a Condition Endorsement, prior to commencement of the use. The design drawing(s) must include (but not be limited to):
1. Be prepared by a suitably qualified person. 2. The signage and its application must be in accordance with the relevant Australian Standards (AS 1742.2:2019). 3. A signage and line marking plan must be submitted for approval by Council's Transport Commission Delegate Senior Road and Traffic Engineer.
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
In the interests of user safety and the amenity of the occupiers of the development.
ENG tr2
An accessible footpath connection between the existing footpaths of Maning Avenue (on the western side of the road) to the existing pedestrian walkway that leads to Churchill Avenue must be provided. Detailed designs must be submitted and approved as a Condition Endorsement prior to the issuing of Building Approval. The design drawing(s) must (but not limited to):
1. Be prepared by a suitably qualified engineer. 2. Provide dimensions of footpath width and details on vertical and horizontal alignment between Maning Avenue to Churchill Avenue via the highway reservation or 47 Maning Avenue. 3. Demonstrate clear connection between the existing footpath on Maning Avenue and the existing walkway on Churchill Avenue. 4. Provide detail of road crossing facilities (kerb ramps) where the footpath crosses the road / access road of 47 Maning Avenue. 5. Demonstrate an accessible path to the development site of 47 Maning Avenue from the proposed onstreet car parks. 6. and be to the satisfaction of the Road Authority.
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 vehicles entering and leaving the development and the safety and access around the development site for the general public.
ENG 2b
Further detailed designs are required for the vehicle barriers within the property boundary (residential parking area). 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 3b
Further detailed designs are required for the access driveway and turning area, including but not limited to any proposed traffic calming devices, signage, and pedestrian access details to 47 Maning Avenue.
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 2890.1:2004, if possible; 3. where the design deviates from AS/NZS 2890.1:2004 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use; and 4. show dimensions, levels, gradients and transitions, and other details as Council deem necessary to satisfy the above requirement.
The access driveway and parking area must be constructed in accordance with the approved detailed designs 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 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.
ENG r1
The earthretaining structures (retaining walls, fill batter and concrete deck) within or supporting the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.
Detailed design drawings, structural certificates and associated geotechnical assessments of the items above within the Maning Avenue highway reservation must be submitted and approved as a Condition Endorsement, prior to the commencement of work and must:
1. Be prepared and certified by a suitable qualified person and experienced engineer; 2. Not undermine the stability of the highway reservation; 3. Be designed in accordance with AS 4678, with a design life in accordance with table 3.1 typical application major public infrastructure works; 4. Take into account any additional surcharge loadings as required by relevant Australian Standards; 5. Take into account and reference accordingly any Geotechnical findings; 6. Detail any mitigation measures required; 7. Include a safe design of structures assessment in accordance with the Safe Design of Structures Code of Practice (as adopted under section 274 of the Work Health and Safety Act 2012) and supply to the Council any documentation for the ongoing maintenance and replacement of the concrete deck. 8. Detail the design and location of the footing adjacent to the Maning Avenue highway reservation.
All work required by this condition must be undertaken in accordance with the approved select design drawing and structural certificates.
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 the stability and integrity of the Council’s highway reservation is not compromised by the development.
ENG r3
Prior to the commencement of use, the proposed driveway crossover on the Maning Avenue highway reservation must be designed and constructed in accordance with: · Urban TSDR09v3 – Urban Roads Driveways and TSD R14v3 Type · KC vehicular crossing, without invert lip in the gutter; Footpath Urban Roads Footpaths TSDR11v3.
Engineering drawings must be submitted and approved prior to commencement of work on the site. The engineering drawings must:
1. Be prepared and certified by a suitable qualified person, to satisfy the above requirements. 2. Be in accordance with LGATTasmania Standard Drawings and Subdivision Guidelines 2013, the Department of State Growth Specifications and all other relevant Standards, Guidelines and procedures or to the approval of the Director City Enablers. 3. Show the cross and long section of the driveway crossover within the highway reservation and onto the property; 4. Show swept path templates in accordance with AS/NZS 2890.1 2004 (B85 or B99 depending on use, design template); 5. If the design deviates from the requirements of the TSD, then demonstrate that a B85 vehicle or a B99 depending on use (AS/NZS 2890.1 2004, section 2.6.2), can access the driveway from the road pavement into the property without scraping the vehicle's underside;
All work required by this condition must be undertaken in accordance with the approved drawings.
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.
Please note that your proposal 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 planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.
Reason for condition
To ensure that works will comply with the Council’s standard requirements.
ENG r4
Vehicle crash barriers with the Maning Avenue highway reservation compliant with the Australian/New Zealand Standard AS / NZS 1170.1 and/or the (IPWEA) LGAT –Tasmanian Standard Drawings must be installed or modified as per the plans prior to the first occupation.
A certified design/report prepared by a suitably qualified engineer, to satisfy the above requirements, must be provided to the Council prior to the commencement of work.
All works, required by this condition must be undertaken in accordance with certified design/report. Upon completion the barriers must be inspected by a qualified engineer and a certification submitted to the Council, confirming that the installed barriers comply with the above requirement.
Reason for condition
To ensure that the safety of users of the driveway/parking and compliance with the standard.
ENG s1
Street lighting must be installed prior to the sealing of the final plan.
A street lighting design for all roads and footways must be submitted and approved, prior to sealing of the final plan. The street lighting design must:
1. Be in accordance with AS/NZS 1158.3.1 category PR5 series to the requirements of TasNetworks and Council; 2. Include TasNetworks light standard supplied poles and energyefficient road light fittings; and 3. Be certified by a qualified person.
All work required by this condition must be undertaken in accordance with the approved street lighting design.
Advice:
Once the street lighting design has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
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.
Reason for condition
To ensure that the subdivision of land provides adequate services to meet the projected needs of future development.
ENG s2
A Construction Traffic and Parking Management Plan (CTPMP) must be implemented prior to the commencement of works on site.
The CTPMP must address all traffic likely to access the site or use nearby roads, including cars, public transport vehicles, service vehicles, pedestrians and cyclists. The CTPMP must be submitted as a condition endorsement, prior to the commencement of works. The CTPMP must:
1. Be prepared and certified by a suitably qualified person, 2. include a communications plan to advise the wider community of the traffic and parking impacts during construction, 3. include start date and finish dates for various stages of works, 4. include times that trucks and other traffic associated with the works will operate, 5. Nominate a superintendent, or the like, to be responsible for the implementation of the approved The CTPMP and available as a direct contact to Council and/or members of the community regarding day to day construction traffic operations at the site, including any immediate traffic issues or hazards that may arise.
A copy of the approved Construction Traffic and Parking Management Plan must be provided to each of the surrounding properties, including: · all properties on Maning Avenue · numbers 4, 6 and 8 Evelyn Crescent · 20 McAulay Road.
All work required by this condition must be undertaken in accordance with the approved construction traffic and parking management plan.
Advice:
This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.
Reason for condition
To ensure safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.
ENV 8
All recommended risk mitigation measures in sections 5.2.1, 5.2.2 and 6.0 of the Landslide Risk Assessment by GeoEnvironmental Solutions P/L (v.1.2) dated March 2022 must be implemented.
Reason for condition
To reduce the risk to life and property, and the cost to the community, caused by landslides.
ENV s1
A Rivulet Reconstruction and Rehabilitation Plan, prepared by suitably qualified persons, and in general accordance with the recommendations and design principles of the Natural Values Assessment North Barker Ecosystem Services dated 25 February 2022, must be implemented.
A Rivulet Reconstruction and Rehabilitation Plan must be submitted and approved prior to the commencement of works and prior to the issue building consent, whichever occurs first.
The plan must include, but is not limited to, the following:
1. Plans and specifications for the design of the reconstructed watercourse.
2. Plans and details of proposed riparian landscaping and plantings.
3. Details of protection, irrigation, and other measures to ensure establishment and survival of plantings.
4. A monitoring and maintenance schedule to ensure conditions are maintained indefinitely, including weeding and replacement of lost vegetation or habitat features. Details of how maintenance schedule will be implemented, including responsible persons, must be included.
5. Weed management and hygiene measures to be employed during both the construction phase as postconstruction.
6. Soil and water management measures to be employed during construction, consistent with the Construction Environmental Management Plan.
7. Timeframes for implementation.
Once approved the Rivulet Reconstruction and Rehabilitation Plan forms part of this permit and must be implemented and complied with.
Prior to completion, confirmation from a suitably qualified expert that all landscaping works required by this condition have been implemented, must be submitted.
The vegetation which is planted on the site pursuant to the approved plan must be maintained and must not be disturbed. If any vegetation dies or is destroyed, replacement vegetation of a similar size must be planted within 30 days of the death or destruction.
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 development will not have an unnecessary or unacceptable impact on natural values
ENV s2
Plans submitted for building consent must demonstrate that birdstrike risk as been minimised as far as reasonably practicable, in accordance with the principles detailed in the WWFAustralia document Minimising the swift parrot collision threat: Guidelines and recommendations for parrotsafe building design (2008). In particular, the visible light reflectivity of glazing must be specified and must be as low as reasonably practicable.
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 development will not have an unnecessary or unacceptable impact on natural values
ENVHE 4
A Construction Environmental Management Plan (CEMP), prepared by suitably qualified persons, must be implemented.
A Construction Environmental Management Plan must be submitted and approved prior to the commencement of works and prior to the issue of building consent, (whichever occurs first).
The plan must include, but is not limited to, the following:
1. Details of the proposed construction methodologies and expected likely timeframes.
2. The proposed days and hours of work and proposed hours of activities likely to generate significant noise emissions (including volume and timing of heavy vehicles entering and leaving the site, rock breaking and concrete pours).
3. Details of potential environmental impacts and risks associated with the demolition and construction works including noise, vibration, weeds, flood, construction loading, erosion and pollution (air, land and water).
4. Details of proposed measures to avoid or mitigate all identified potential environmental impacts during demolition and construction works including, but not limited to:
a. A noise and vibration management plan certified by a suitably qualified person as being generally consistent with AS 24362010 Guide to Noise and Vibration Control on Construction, Demolition and Maintenance Sites and the Interim Construction Noise Guidelines (New South Wales Department of Environment and Climate Change, July 2009), and with any relevant guidelines or standards referenced by those documents.
b. A soil and water management plan (SWMP), with particular attention to reconstruction of the watercourse, and in accordance with the
recommendations of the
Natural Values Assessment North Barker Ecosystem Services dated 25 February
2022, including: i. measures to minimise erosion, impacts to water quality, and the discharge of contaminated stormwater offsite; ii. measures to minimise dust emissions from the site; iii. measures to manage the disposal of surface and groundwater from excavations (if relevant); and iv. measures to prevent soil and debris being carried onto the street. The SWMP must be in accordance with the Waterways and Wetlands Works Manual (DPIWE, 2003) and Erosion and Sediment Control guidelines (Derwent Estuary Program, 2023).
c. Weed management and hygiene measures to be employed during the construction phase.
5. Details of proposed responsible persons, public communication protocols, monitoring, compliance, recording and auditing procedures and complaint handling and response procedures.
The CEMP must clearly address staging (if any), reinstatement and duration. Once approved the Construction Environmental Management Plan forms part of this permit and must be implemented and complied with.
A copy of the approved Construction Environmental Management Plan must be kept on site for the duration of the works and be available for inspection.
A copy of the approved Construction Environmental Management Plan must be provided to each of the surrounding properties, including: · all properties on Maning Avenue · numbers 4, 6 and 8 Evelyn Crescent · 20 McAulay Road.
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 minimise the impact of construction works.
OPS 4
All recommendations from the Arboricultural Impact Assessment & Tree Protection Specification (Philip Jackson, October 2022) are to be implemented during construction, and prior to first use of the buildings.
Prior to the commencement of works, the tree protection specifications outlined in section 6 of the Arboricultural Impact Assessment & Tree Protection Specification must be implemented (as per recommendation no. 1). Once the tree protection specifications have been implemented please notify the City's City Greening Lead at coh@hobartcity.com.au, or (03) 6238 2711.
Reason for condition
To maintain the amenity value of Council trees as per the City of Hobart Street Tree Strategy.
OPS 5
A standover arborist will be required to be present on site during all works within and immediately adjacent to the tree protection zones of the two Macrocarpa Cypress (Hesperocyparis macrocarpa) trees, as specified in the Arboricultural Impact Assessment & Tree Protection Specification (Philip Jackson, October 2022). The standover arborist must detail their findings and observations in a short report that is to be submitted to the City.
Advice:
Once the standover arborist has provided the City with a report on how the works were conducted, the City will issue a condition endorsement. It is recommended that documentation for condition endorsement be submitted well before submitting documentation for other approvals. Failure to address condition endorsement requirements may result in unexpected delays.
Reason for condition
To maintain the amenity value of Council trees as per the City of Hobart Street Tree Strategy.
SURV 1
The applicant must submit to the Council a copy of the surveyor’s survey notes at the time of lodging the final plan.
Reason for condition
To enable the Council to accurately update cadastral layers on the corporate Geographic Information System.
SURV 3
The final plan and schedule of easements must be submitted and approved under section 89 of the Local Government (Building & Miscellaneous Provisions) Act 1993.
The final plan and schedule of easements must provide easements to the satisfaction of the Council over any proposed or required Road Maintenance Easements in favour of the Council.
Advice:
The balance of CT 198575/1 should be shown on a Plan of Title Balance plan. If the Road Maintenance Easement is unable to be created in the schedule of easements for the final plan it shall be created by Transfer under section 58 of the Land Titles Act 1980 on the balance of CT 198575/1 once the Road Lot has transferred to Hobart City Council. The Road Maintenance Easement is to be created prior to the issue of a certificate of occupancy for any of the dwellings.
Reason for condition
To ensure that there are no impediments to the maintenance of the Road to be transferred to Hobart City Council.
SURV 5
The proposed Road Lot (Lot 1) is to be transferred in fee simple to the Council at nominal consideration.
Prior to the sealing of the final plan an executed and stamp duty assessed Land Titles Office transfer instrument is to be forwarded to the Council together with a cheque made payable to the Land Titles Office for the associated Land Titles Office registration fees.
Reason for condition
To ensure that title to the proposed road lot issues in the Council.
ENG 16
Prior to the sealing of the final plan, private sewer, stormwater (including surface drainage) and water services/connections are to be entirely separate to each lot and contained wholly within the lots served.
Reason for condition
To ensure that each lot is services separately.
ENG 17
Prior to the sealing of the final plan, the developer must verify compliance with condition ENG 16 by supplying the Council with an asinstalled services plan clearly indicating the location and details of all relevant services (entirely contained within their respective lots or appropriate easements). The as installed services plan must be accompanied by certification from a suitably qualified person that all engineering work required by this permit has been completed.
Advice:
Any final plan submitted for sealing will not be processed unless it is accompanied by documentation by a suitably qualified person that clearly certifies that this condition has been satisfied and that all the work required by this condition has been completed. A 'suitably qualified person' must be a professional engineer or professional surveyor or other persons acceptable to Council.
Reason for condition
To ensure that the developer provides the Council with clear written confirmation that the separation of services is complete.
Part 5 1
The owner(s) of the property must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 prior to the commencement of work. The owners must agree to:
1. Not without the written consent of the Hobart City Council to erect or permit to be erected any structure or carry out any landscaping that may change the contours of the land or restrict or alter the free flow of water over the land or cause erosion within 10 metres from the top of the watercourse embankment of Maning Rivulet, beyond that approved in this permit. 2. Not without the written consent of the Hobart City Council to erect or permit to be erected any structure or carry out any landscaping that may change the contours of the land or restrict or alter the free flow of water over the land within the identified 1% AEP flood extent at 2100, beyond that approved in this permit. 3. Ongoing compliance with the accepted Stormwater Management Plan for the proposed treatment 4. Ongoing compliance with the accepted Flood and Erosion Management report. 5. Indemnify Council against any costs or claims arising from building over the Council’s stormwater main, within 10m of Maning Rivulet, and within the identified 1%AEP flood extent as at 2100 or for damages incurred in the act of performing operation, maintenance, or replacement tasks on the stormwater system.
6. Ongoing compliance with the Rivulet Reconstruction and Rehabilitation Plan approved under condition ENV s1.
7. Ongoing compliance with the landscaping plan by Arcadia dated November 2022.
All costs for the preparation and registration of the Part 5 Agreement must be met by the owner.
The owner must comply with the Part 5 Agreement which will be placed on the property title.
Note: For further information with respect to the preparation of a Part 5 agreement please contact the Council Development Engineering Unit on 6238 2711.
Advice:
Please note this Part 5 agreement refers to plans and documents which must first be lodged and approved under the Condition Endorsement Process under other conditions.
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 or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.
You may require a road closure permit for construction or special event. Click here for more information.
You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.
PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE
You will require a Permit to Construct Public Infrastructure, with a maintenance period and bond
NEW SERVICE CONNECTION
Please contact the Hobart City Council's City Life Division to initiate the application process for your new stormwater connection.
PLANNING
The applicant is encouraged to work with the local Friends of McAulay Reserve Bush care Group for the Maning Rivulet rehabilitation works, and landscaping works and plantings. To connect with the group contact the Council on (03) 6238 2711 or coh@hobartcity.com.au.
WATERCOURSE
You will require a Permit to Carry Out Works in a Watercourse or Riparian Zone.
STRUCTURES CLOSE TO COUNCILS' STORMWATER MAIN
The design of structures (including footings) must provide protection for the Council’s infrastructure. For information regarding appropriate designs please contact the Council's City Life Division. You may need the General Manager's consent under section 13 of the Urban Drainage Ace 2013 and consent under section 73 or 74 of the Building Act 2016.
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.
ADVICE
The applicant is encouraged not to fence the site on the eastern side of Maning Rivulet.
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Delegation: Committee
Item 6.1.1 was then taken
7. Reports
Delegation: Committee
That the recommendation contained in the report of the Acting Director City Life of 4 August 2023, be adopted. MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the 'Delegated Decision Report (Planning)', be received and noted.
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Delegation: Committee
Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
Question |
Can the Director advise what does the SSS target for the TSS mean in relation to ‘Mechanical Treatments’ of water?
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Response |
The Director took the question on notice. |
Question |
Can the Director provide a briefing note on projects of $5million or more for works that have been approved by the Council but are waiting for work to start?
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Response |
The Director took the question on notice. |
Question |
Can the Director advise how many fire abatement notices were issued in the most recent calendar year.
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Response |
The Director took the question on notice. |
Question |
Can the Director advise what the status is of ownership of the vacant road reserve between Bayley and Aberdeen Streets, Glebe.
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Response |
The Director took this question on notice. |
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:
· Minutes of the Closed 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 Item No. 5 Questions Without Notice |
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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 7.21pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
23rd DAY OF august 2023.
CHAIRMAN