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City of hobart

MINUTES

Planning Committee Meeting

 

Open Portion

 

Wednesday, 23 August 2023 at 5:00pm

 


 

Minutes (Open Portion)

Planning Committee Meeting

Page 1

 

23/8/2023

 

 

 ORDER OF BUSINESS

 

APOLOGIES AND LEAVE OF ABSENCE

1.        Confirmation of Minutes. 3

2.        Consideration of Supplementary Items. 4

3.        Indications of Pecuniary and Conflicts of Interest. 4

4.        Transfer of Agenda Items. 4

5.        Planning Authority Items - Consideration of Items with Deputations. 4

6.        Committee Acting as Planning Authority. 6

6.1     Applications under the Sullivans Cove Planning Scheme 1997  7

6.1.1       70 Macquarie Street, Hobart - Statue Removal and Temporary Signage  7

7.        Reports. 11

7.1     Planning - Advertised Applications Report 11

7.2     Delegated Decision Report (Planning) 12

8.        Responses to Questions without Notice. 13

9.        Questions without Notice. 14

10.     Closed Portion of the Meeting.. 16

 


 

Minutes (Open Portion)

Planning Committee Meeting

Page 1

 

23/08/2023

 

 

Planning Committee Meeting (Open Portion) held on Wednesday, 23 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, Deputy Lord Mayor Councillor H Burnet, Councillors W F Harvey, M Dutta, Dr Z Sherlock, J Kelly, L Elliot, Alderman L Bloomfield, Councillors R Posselt and B Lohberger.

 

Councillor Elliot retired from the meeting at 6.52pm and was not present for the second vote on 6.1.1, and items 7.1 to 10     

 

LEAVE OF ABSENCE:

Alderman M Zucco

 

 

 

1.       Confirmation of Minutes

 

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 9 August 2023, be confirmed as an accurate record.

 

Burnet                                                     That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

The minutes were signed.

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.

 

No supplementary items were received.

 

 

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 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.

OR

 

 

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?

 

No items were transferred.

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.

 

Burnet                                         That the recommendation be adopted.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Elliot

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 


 

 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.

 

 

 


 

Mr Chris Merridew (Representor), Jocelyn McPhie (on behalf of Royal Society of Tasmania) (Representor).  Poppy Scharkie and Lucy Burke-Smith – Irene Inc representing Council (Applicant) addressed the Committee in relation to item 6.1.1.

6.1     Applications under the Sullivans Cove Planning Scheme 1997

 

6.1.1   70 Macquarie Street, Hobart - Statue Removal and Temporary Signage

            PLN-23-379 - File Ref: F23/89083

 

Burnet

That the recommendation contained in the report of the Acting Manager Development Appraisal and the Acting Director City Life of 17 August 2023, be adopted.

Amendment

Bloomfield                                                                                                              

That the temporary signage is not approved as part of this permit and it may not be installed.

AMENDMENT LOST

VOTING RECORD

AYES

NOES

Behrakis

Lord Mayor Reynolds

Kelly

Deputy Lord Mayor Burnet

Elliot

Harvey

Bloomfield

Dutta

 

Sherlock

 

Posselt

 

Lohberger

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Behrakis

Deputy Lord Mayor Burnet

Kelly

Harvey

 

Dutta

 

Sherlock

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

COMMITTEE RESOLUTION:

That pursuant to the Sullivans Cove Planning Scheme 1997, the Planning Committee, in accordance with the delegations contained in its terms of reference, accepts the Franklin Square Conservation Plan as amended by the Addendum (Issue 03, 22 February 2023) and approves the application for Statue Removal and Temporary Signage at 70 Macquarie Street, Hobart for the reasons outlined in the officer’s report, marked as item 6.1.1 of the Open Planning Committee Agenda of 23 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 PLN­23­379 ­ 70 MACQUARIE STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

 

Reason for condition

 

To clarify the scope of the permit.

 

 

THC

 

 

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 8209 dated 16 August 2023, as attached to the permit.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

HER 6

 

 

All onsite excavation and disturbance must be monitored. Should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

 

 

1.      All excavation and/or disturbance must stop immediately; and

2.      A qualified archaeologist must be engaged to attend the site and provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and

3.      All and any recommendations made by the archaeologist engaged in accordance with 2. above must be complied with in full; and

4.      All features and/or deposits discovered must be reported to the Council with 7 days of the discovery; and

5.      A copy of the archaeologist's advice, assessment and recommendations obtained in accordance with 2. above must be provided to Council within 30 days of receipt of the advice, assessment and recommendations.

 

 

Excavation and/or disturbance must not recommence unless and until approval is granted from the Council.

 

 

Reason for condition

 

 

To ensure that work is planned and implemented in a manner that seeks to understand, retain, protect, preserve and manage significant archaeological evidence.

 

HER s1

 

 

The removal of the statue, and the retention of the plinth, must be undertaken in accordance with the recommendations of the Heritage Impact Assessment (Purcell, 26 May 2023), for the life of the project. Specifically in relation to:

 

 

1.     Ownership and management.

2.     Community Access and Interpretation.

3.     Relocation.

4.     General maintenance.

 

 

Advice:

 

Consideration should also be given to the repair and replacement of the damaged sections of the plinth.

 

 

Reason for condition

 

 

As part of the ongoing care and conservation of Franklin Square.

 

 

 

 

 

 

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.

 

 

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.

 

 

 

DIAL BEFORE YOU DIG

 

 

Click here for dial before you dig information.

 

Delegation: Committee

 


 

7.       Reports

 

7.1      Planning - Advertised Applications Report

            File Ref: F23/85597

Harvey

That the recommendation contained in the report of the Acting Director City Life of 17 August 2023, be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

COMMITTEE RESOLUTION:

That the ‘Planning – Advertised Applications Report’ be received and noted.

 

Delegation: Committee

 


 

 

7.2      Delegated Decision Report (Planning)

            File Ref: F23/88962

Posselt.

That the recommendation contained in the report of the Acting Director City Life of 17 August 2023, be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

COMMITTEE RESOLUTION:

That the ‘Delegated Decision Report (Planning)’ be received and noted.

 

Delegation: Committee

 


 

8.       Responses to Questions without Notice

Regulation 29(3) Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10

 

The Chief Executive Officer reports:-

 

“In accordance with the procedures approved in respect to Questions Without Notice, the following responses to questions taken on notice are provided to the Committee for information.

 

The Committee is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairman is not to allow discussion or debate on either the question or the response.”

 

8.1    Cable Car - Council's Role

          File Ref: F23/31190; 13-1-10

Report of the Acting Director City Life of 23 August 2023.

8.2    Publishing of Applicant's Name

          File Ref: F23/54208; 13-1-10

Report of the Acting Director City Life of 23 August 2023.

8.3    Short Stay Accommodation Statistics

          File Ref: F23/88564; 13-1-10

Report of the Acting Director City Life of 23 August 2023.

Posselt    That the recommendation be adopted.  

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

COMMITTEE RESOLUTION:

 

That the information be received and noted.

 

Delegation: Committee

9.       Questions without Notice

Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

 

 

9.1      Councillor Posselt - Collection of Short Stay Statistics

Question:

Can the Acting Director commence the collection of Short Stay Statistics prospectively – specifically applications approved for strata dwellings short stay?

 

Answer:

The Acting Director advised that subject to parameters on what the Committee would like to see, we would be happy to provide further statistics.  To be worked though with the Committee off-line.

 

 

9.2      Councillor Lohberger - Status update on 2 Midwood Avenue, New Town

 

Question:

Can Acting Director advise what’s happening with 2 Midwood Street, New Town?

 

Answer:

The Acting Director advised the migrant resource centre is using the premises to provide food for hostel and also for catering.  This required a change of use application.

 

 

9.3      Deputy Lord Mayor Councillor Burnet – Number of Developments approved but not commenced

Question:

Can the Acting Director advise on the number of developments that have been approved but work has not commenced in ancillary dwellings and multiple developments?

 

Answer:

The Acting Director advised that we have completed some analysis on properties that have had development approval but work hasn’t progressed to Building Approval – that is 476 dwellings.  Noting that there are some parameters around that number – the number relates to private dwellings (not social housing), projects in excess of $1million, permits going back for 6 years and for multiple dwelling applications.

         


 

 

9.4      Deputy Lord Mayor Councillor Burnet - Tasman Hospital

Question:

The Tasman Hospital Development on 48 New Town Road has taken 6 years to get to this point and now been abandoned. Can the Acting Director advise what discussions have or are occurring with the State Government, and the proponent in being able to deliver the project in some form?

 

Answer:

The Acting Director advised she has had a thorough discussion with a representative of the applicant who advised that all funding options have been thoroughly considered and they were not able to continue with the project.

 

         

9.5      Deputy Lord Mayor Councillor Burnet – Social Housing - Tasman Hospital Site

Question:

Can the Tasman Hospital Site at 48 New Town Road instead be used for Housing by State Government including for social or innovative solutions to Housing?

 

Answer:

The Acting Director advised that, the site may be used for a residential development and could be used for social housing subject to the application meeting the requirements of the Planning Scheme.

 

 

9.6      Deputy Lord Mayor Councillor Burnet – 48 New Town Road

Question:

In the interests of public safety from contaminants, what responsibility does the proponent have in ensuring that the mediation work is completed before the site may be sold? Is the Council assured that this site is safe for those in the vicinity?

 

Answer:

The Acting Director advised that the applicant / developer is well aware of their obligations to ensure that the site is safe and free of contaminants (in particular asbestos).  Council will take steps to ensure that they comply with our compliance framework, noting that Council does not regulate on asbestos.

 

 

9.7      Lord Mayor Councillor Reynolds – Regulatory Responsibility

Question:

Can the Acting Director advise who regulates and is responsible for checking that the site is safe from contaminants? 

 

Answer:

The Acting Director advised that it is regulated by WorkSafe, and if people have concerns they should raise it with WorkSafe.

 


 

 

9.8      Councillor Kelly – Median cost of dwellings - Approvals Not Commenced

Question:

In relation to QWON 9.3 above, can the Acting Director include all development applications from the median price dwellings range in the total number of development applications that have been approved but work has not progressed to building approval (rather than only those development applications over $1million)?

 

Answer:

The Acting Director took the question on notice.

 

 

9.9      Councillor Lohberger – Status of 66 Alexander Street Vacant Block

Question:

Can the Acting Director advise is the 66 Alexander Street development application included in the list of dwelling that have been approved but haven’t progressed to building approval?

 

Answer:

The Acting Director took the question on notice.

10.     Closed Portion of the Meeting

 

Harvey

 

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

·         Legal matter involving the Council

 

 

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          Responses to Questions Without Notice

Item No. 5.1       Hybrid Ducks

LG(MP)R 15(2)e(ii)

Item No. 6          Reports

Item No. 6.1       Planning Authority Decisions Subject to Appeal before the Tasmanian Civil and Administrative Tribunal - Monthly Update

LG(MP)R 15(4)(a)

Item No. 7          Questions Without Notice

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

 

 

 

There being no further business the Open portion of the meeting closed at 7.16pm.

 

 

 

 

 

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
6th DAY OF September 2023.

CHAIRMAN