Agenda of Planning Committee Meeting - Wednesday, 25 October 2023

Agenda (Open Portion)

Planning Committee Meeting

Page 8

25/10/2023

6.1 Applications under the Hobart Interim Planning Scheme 2015

6.1.1 3 Gregson Avenue, 5 Gregson Avenue and 32B Forster Street, New Town - Communal Residence and Associated Works

PLN-23-277 - FILE REF: F23/110884

Address: 3 GREGSON AVENUE , NEW TOWN
5 GREGSON AVENUE , NEW TOWN
32 B FORSTER STREET , NEW TOWN

Proposal: Communal Residence and Associated Works

Expiry Date: 30 November 2023

Extension of Time: Not applicable

Author: Michael McClenahan

REcommendation

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 PLN23277 3 GREGSON AVENUE NEW TOWN TAS 7008 Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2023/01229HCC dated 21/09/2023 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 2

The screening shown for the secure decks must be substantially in accordance with the Final Planning Documents and with no more than

25% uniform transparency. The screening in accordance with this condition must be installed prior to the first occupation and maintained for the life of the use.

Reason for condition

To provide reasonable opportunity for privacy for dwellings and because the plans don't specify the transparency of the screening.

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.

Council has been made aware of underground springs and high groundwater in the area. Private plumbing and landscaping design should take springs and groundwater known in the area into consideration, to avoid damage and nuisance to the development.

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/adjacent to the proposed development (including sewer pipe) 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; and

3. photos of the open creek/ riparian zone and any existing drainage structures connected to or modified as part of the development.

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/adjacent to the proposed development (including sewer pipe), must be submitted to the City of Hobart.

The condition assessment must include at least:

3. photos of open creek/ riparian zone and any existing drainage structures connected to or modified as part of the development.

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 post construction CCTV will be deemed to be the responsibility of the owner/developer.

SW 3

The proposed works (including foundations, overhangs and sewer pipe) must be designed to ensure the long term protection of and access to the Council’s stormwater infrastructure, including Maypole Rivulet.

A detailed design certified by a suitably qualified engineer must be submitted and approved prior to issue of any consent under Building Act 2016 or commencement of works (whichever occurs first). The detailed design must:

1. Demonstrate how the design will maintain the overland flow path, provide adequate access to infrastructure, impose no additional loads onto the main, that the works will be fully independent of the main and its trenching, and minimises risks of erosion.

2. Include crosssections clearly showing the relationship both vertically and horizontally between Council’s stormwater infrastructure and the proposed works, and stating the minimum horizontal and vertical setbacks from the works to the nearest external surface of the infrastructure.

3. Be certified by a suitably qualified engineer.

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 infrastructure 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 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 specific permission from Council's Stormwater Unit under s73 of the Building Act 2016 and s13 of the Urban Drainage Act for the final certified detailed design plans.

Any works in or near a watercourse or riparian zone (10m from an open creek) will be required a permit to work in a watercourse or riparian zone.

Reason for condition

To ensure the protection of the Council’s hydraulic infrastructure.

SW 5

Construction of the development must not adversely impact the Maypole

Rivulet, its riparian zone, and the Council stormwater mains.

A construction management plan (CMP) must be submitted and approved prior to commencement of works. The CMP must be prepared by a suitably qualified and experienced engineer and must:

1. Detail the proposed construction methodology and identify all potential risks to the Council infrastructure, rivulet and riparian zone during construction including but not limited to construction loading, traffic loading, excavation works, footing construction, vibrations, undermining, interruption of flows, flood, and environmental harm;

2. Provide treatment measures to eliminate or otherwise mitigate to as low as reasonably practicable all identified risks;

3. Include a monitoring regime; and

4. Include reinstatement details.

All work required by this condition must be undertaken in accordance with the approved CMP.

SW 7

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

Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), detailed engineering drawings must be submitted and approved. The detailed engineering drawings must include:

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

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

3. clearances from any nearby obstacles (eg services, crossovers, trees, poles, walls);

4. longsections of the proposed connection clearly showing cover, size, grade, material and delineation of public and private infrastructure;

5. connections which are freeflowing gravity driven; and

6. be in general accordance with Council's departures from the LGAT Tasmanian Standard Drawings, available from our website.

All work required by this condition must be undertaken in accordance with the approved detailed engineering drawings.

Advice:

Upgraded or new connections can be approved either via the CEP process or via the Application for New Connection form available from here. The approved stormwater connection documents must be included in your plumbing permit application document set and listed in accompanying forms.

A single connection for the property is required under the Urban Drainage Act 2013.

SW 9

Prior to occupancy or the commencement of the approved use (whichever occurs first), stormwater pretreatment and detention 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;

2. 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;

3. 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

Measures to mitigate flood risk from the critical 1% AEP at 2100 event must be installed prior to occupancy or issue of any completion (whichever occurs first).

The floor level of habitable rooms must be constructed at or above 34.838m

AHD.

The final building plans submitted for any approval under the Building Act

2016 must include certification from an accredited and qualified structural engineer that all proposed structures within the flood zone are designed to resist inundation, erosion, undermining and likely forces from a flood event.

No fill within the flood zone is permitted, including for landscaping

works. Landscaping within the flood extent must be designed and maintained to resist flooding and the addition of impervious surface in flood affected

areas should be restricted, in accordance with the recommendations of the

Flussig Engineers Flood Study submitted as part of this permit application.

The extent and location of solid walls within the flood zone must be in accordance with the approved plans.

All work required by this permit must be undertaken and maintained in accordance with this condition.

Advice:

Council notes the lower floor rooms have been modelled as subject to flooding, with a floor level below the modelled flood level. Council recommends the ongoing use and design of these areas takes this into consideration (e.g., flood resistant external doors, electrical height, materials etc.).

ENG 2b

Vehicle barrier design 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

Access driveway and parking area design 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 3b.

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.

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 4

The access driveway and parking module (car parking spaces, aisles and manoeuvring area) approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) and surface drained to the Council's stormwater infrastructure prior to the first occupation.

Reason for condition

To ensure the safety of users of the access driveway and parking module, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.

ENG 5

The number of car parking spaces approved to be used on the site is four (4).

Reason for condition

To ensure the provision of parking for the use is safe and efficient.

ENG 11

Prior to the first occupation, the proposed crossover to the Gregson Avenue highway reservation must be designed and constructed in general accordance with:

1. LGAT Standard Drawing Urban TSDR09v1 – Urban Roads Driveways and TSD R14v1 Type KC vehicular crossing;

2. LGAT Standard Drawing Footpath Urban Roads Footpaths TSDR11v1

3. A Council approved alternate design.

Advice:

Local Government Association (LGAT) Tasmanian Standard Drawings (TSD) can be viewed electronically via the LGAT Website.

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.

You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.

Reason for condition

In the interests of vehicle user safety and the amenity of the development.

ENG 1

Any damage to council infrastructure resulting from the implementation of this permit, must, at the discretion of the Council:

1. Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or

2. Be repaired and reinstated by the owner to the satisfaction of the Council.

A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, preexisting damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

To ensure that any of the Council's infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENV 2

Sediment and erosion control measures, sufficient to prevent sediment from leaving the site and in accordance with an approved soil and water management plan (SWMP), must be installed prior to any disturbance of the site and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A SWMP must be submitted and approved as a Condition Endorsement prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The SWMP must be prepared in accordance with the Erosion and Sediment Control, The Fundamentals for Development in Tasmania and associated guideline documents (TEER & DEP, 2023), available from the Derwent Estuary Program’s website.

All work must be undertaken in accordance with this condition and the approved soil and water management plan (SWMP). If the site or controls change, an updated SWMP must be submitted.

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development; and to comply with State legislation.

OPS 1

The title boundary shared between the Council’s neighbouring land and the applicant’s property must be clearly marked by the owner on the ground before any works commence.

Reason for condition

To protect the values of the Council’s neighbouring reserve.

OPS 3

Tree protection measures for construction of the sewer must be carried out in accordance with the arborist report (Arboricultural Report Tree Assessment, Tree Pioneers, 9/7/2023), including (but not limited to) the erection of TPZ fencing, to the satisfaction of the Director City Life.

No vehicular or pedestrian access, excavation, placement of fill, storage of materials, parking or soil disturbance is to occur within the Tree Protection Zone.

OPS 4

Prior to any machinery or materials being brought onto the site and prior to the commencement of work on the site, temporary fencing must be erected around Trees 15 (as identified by Arboricultural Report Tree Assessment, Tree Pioneers, 9/7/2023) to define a tree protection zone (TPZ) as specified by the abovementioned arborist report, to the satisfaction of the Director City Life.

The TPZ must:

1. exclude access and construction activity within the TPZ as defined in the arborist report (Arboricultural Report Tree Assessment, Tree Pioneers, 9/7/2023);

2. have a minimum height of 1.8 metres and comply with Australian Standard AS 4687 Temporary fencing and hoardings;

3. not extend beyond the site boundaries except into roadside reserve and/or nature strip areas where specified; and

4. remain in place until all buildings and/or works are completed, unless with the prior written consent of the City of Hobart.

The temporary fencing can be modified to accommodate encroachment into the TPZ as per the endorsed plans. Fencing must be modified in line with the footprint of the approved works only.

Part 5 1

The owner(s) of the property (3 Gregson Avenue, CT. 166207/2) must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993, to be registered on both the titles for 3 Gregson Avenue and the adjacent land owned by the Council, which specifies that the sewer main and associated infrastructure included in this application must be installed and maintained by the owner of 3 Gregson Avenue, and that the owner is entitled to access the Council land in order to carry out such maintenance, with the agreement to be entered into prior to occupation.

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.

In the event that an alternate arrangement (such as an easement or a deed) is entered into with the Council regarding access and maintenance of this infrastructure, then this condition will be satisfied and the Part 5 agreement will not be separately required.

Reason for condition

To ensure that access and maintenance of sewerage infrastructure is provided and maintained by the owner of 3 Gregson Avenue, New Town.

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 Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). 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.

NEW SERVICE CONNECTION

Please contact the Hobart City Council's City Life Division to initiate the application process for your new stormwater connection.

STORMWATER

Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information.

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.

ACCESS

Designed in accordance with LGAT IPWEA – Tasmanian standard drawings. Click here for more information.

CROSS OVER CONSTRUCTION

The construction of the crossover can be undertaken subject to Council approval of the design. Click here for more information.

COUNCIL RESERVES

This permit does not authorise any works on the adjoining Council land. Any act that causes, or is likely to cause damage to Council’s land, including vegetation, may be in breach of Council’s Public Spaces Bylaw and penalties may apply. A permit is required for works on Council land. The bylaw is available here.

WEED CONTROL

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website.

WORK PLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentiallycontaminated soil, water, dust and vapours. Click here for more information.

PROTECTING THE ENVIRONMENT

In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." Click here for more information.

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.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-23-277 - 3 GREGSON AVENUE NEW TOWN TAS 7008 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-23-277 - 3 GREGSON AVENUE NEW TOWN TAS 7008 - Attachment B - Planning Committee Agenda Documents ⇩

Attachment c: PLN-23-277 - 3 GREGSON AVENUE NEW TOWN TAS 7008 - Attachment C - Planning Referral Officer Reports ⇩

Attachment d: PLN-23-277 - 3 GREGSON AVENUE NEW TOWN TAS 7008 - Attachment D - Site Photos ⇩

Item No. 6.1.2

Agenda (Open Portion)

Planning Committee Meeting

Page 1

25/10/2023

6.1.2 90 Melville Street, Hobart and Adjacent Road Reserve - Demolition, New Building for Business and Professional Services and Vehicle Parking, and Associated Works

pln-22-282 - FILE REF: F23/110915

Address: 90 Melville Street, Hobart and adjacent road reserve

Proposal: Demolition, New Building for Business and Professional Services and Vehicle Parking and Associated Works

Expiry Date: 12 November 2023

Extension of Time:

Author: Adam Smee

REcommendation

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 demolition, new building for business and professional services and vehicle parking, and associated works at 90 Melville Street, Hobart and adjacent road reserve 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 PLN23282 90 MELVILLE STREET HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2023/00862HCC dated 19 September 2023 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 15a

A demolition waste management plan must be implemented throughout demolition. The demolition waste management plan must include provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

Advice:

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 can also be found on the Council’s website.

Reason for condition

To ensure that solid waste management from the site meets the Council’s requirements and standards

PLN 9

Public artwork must be implemented in the forecourt and laneway area within three months of completion of the development.

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition, excavation and works up to the ground floor slab), details of the public artwork must be submitted and approved as a Condition Endorsement, to the satisfaction of the Council's Director City Life.

The details be substantially in accordance with the Final Planning Documents, and must include, but are not limited to, the following:

· Plans and other associated and relevant documentation demonstrating what the artwork will be, and where it will be located, which are substantially in accordance with the Final Planning Documents. Identifying the procurement process, and specifying the artist/artists selected.

· Setting out how the project will be managed, including details of installation oversight.

All work required by this condition must be in accordance with the approved details.

Advice:

For further advice in relation to the acceptable provision of public art you are encouraged to contact Council's Public Art team on 6238 2494.

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 accordance with the stated intent of the applicant and in the interest of the amenity and activation of the space.

PLN s1

The palette of exterior colours, materials, and finishes must be provided. Prior to the issue of any approval under the Building Act 2016 (excluding for demolition, excavation and works up to the ground floor slab), revised plans, and montages and samples where appropriate, must be submitted and approved as a Condition Endorsement to the satisfaction of the Director City Life showing exterior colours, materials, and finishes in accordance with the above requirement. The revised plans, montages and samples where appropriate must also:

· Show the extent of sheer glazing (i.e., areas of glazing that are not separated by other built elements or articulation) within the tower element of the approved development reduced.

· Show shading of glazed areas within the tower element to be provided where practicable.

· Detail that low reflectivity glass to be used within these areas. Demonstrate that the use of glazing and shading within any revised design for the development has been informed by an energy modelling study.

All work required by this condition must be undertaken in accordance with the approved revised plans, montages and samples.

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 interest of the streetscape and townscape values of the surrounding area.

PLN s2

A landscape plan must be prepared for all the soft and hard landscaping for the development including for the forecourt and laneway area, and the outdoor terrace on level 4 of the approved development.

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition, excavation and works up to the ground floor slab), a landscaping plan must be submitted and approved as a Condition Endorsement to the satisfaction of the Director City Life in accordance with the above requirement.

The landscaping plan make allowance for additional planting within the level 4 outdoor terrace area that would assist in providing visual screening for the tower element of the development when viewed within surrounding streetscape.

All work required by this condition must be undertaken in accordance with the approved revised plans. Prior to occupancy, confirmation from the landscape architect who prepared the approved landscaping plan that the all landscaping works required by this condition have been implemented, must be submitted to the satisfaction of the Directory City Life.

The vegetation which is planted on the site pursuant to the landscaping 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

In the interest of the amenity of the space.

PLN s3

Parking and vehicle circulation roadways and pedestrian paths used outside daylight hours must be provided with lighting to a standard which satisfies all of the following:

(a) enables easy and efficient use of the area;

(b) minimises potential for conflicts involving pedestrians, cyclists and vehicles;

(c) reduces opportunities for crime or anti social behaviour by supporting passive surveillance and clear sight lines and treating the risk from concealment or entrapment points;

(d) prevents unreasonable impact on the amenity of adjoining users through light overspill;

(e) is appropriate to the hours of operation of the use.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement that show the required lighting in accordance with the above requirement.

All work required by this condition must be undertaken in accordance with the approved revised plans.

Reason for condition

To ensure parking and vehicle circulation roadways and pedestrian paths used outside daylight hours are provided with lighting to a standard which:

(a) enables easy and efficient use;

(b) promotes the safety of users;

(d) prevents unreasonable light overspill impacts.

PLN s4

A minimum of nine bicycle parking spaces must be provided on the site for visitors and customers. The additional bicycle parking spaces required must have facilities to which the bicycle frame and wheels can be locked.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement that show the additional bicycle parking spaces in accordance with the above requirement.

All work required by this condition must be undertaken in accordance with the approved revised plans.

Advice:

The applicant is strongly encouraged to provide more bicycle parking and facilities than required by this condition, and to provide additional facilities for bicycle parking like power points for ebikes, and space to clean and repair bikes.

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 enough bicycle parking is provided to meet the needs of likely users.

ENG 12

A construction waste management plan must be implemented throughout construction.

A construction waste management plan must be submitted and approved as a Condition Endorsement, prior to commencement of work on the site. The construction waste management plan must include:

· Provisions for commercial waste services for the handling, storage, transport and disposal of postconstruction solid waste and recycle bins from the development; and

· Provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

All work required by this condition must be undertaken in accordance with the approved construction waste 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 that solid waste management from the site meets the Council’s requirements and standards.

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas, 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).

All stormwater practicable to be drained via gravity must do so.

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 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 adjacent to the proposed development must be submitted to the City of Hobart as a Condition Endorsement.

The condition assessment must include at least:

3. photos of any existing drainage structures connected to or modified as part of the development.

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 adjacent to the proposed development must be submitted to the City of Hobart.

The condition assessment must include at least:

3. photos of any existing drainage structures connected to or modified as part of the development.

SW 3

The proposed works must be designed and constructed to ensure the protection and access to the Hobart City Council’s stormwater infrastructure.

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 by a suitably qualified engineer and must clearly state the minimum clearance of the works (including excavation and any soil nails proposed) to the public infrastructure, including the Lot stormwater connection and manhole, and side entry pit along the road frontage.

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. Please note any work within one metre of public infrastructure will require separate consent under s13 of the Urban Drainage Act 2013 and s73 of the Building Act 2016.

SW 6

All altered and new stormwater infrastructure must be designed and constructed prior to occupancy or the commencement of the approved use (whichever occurs first).

· 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);

· clearly distinguish between public and private infrastructure; show in both plan and longsection the proposed stormwater alterations, including but not limited to the new connection, manhole reconstruction, and side entry pit reconstruction. The plans must detail lid/ grating type, surveyed levels, flows, hydraulic grade lines, clearances (including from soil nails, and other services), cover, gradient, sizing, material, and pipe class, and a private access point immediately within the Lot boundary;

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. The approved stormwater connection documents must be included in your plumbing permit application document set and listed in accompanying forms.

A single connection for the property is required under the Urban Drainage Act 2013. A separate Permit to Construct Public Infrastructure will be required once the detailed engineering plans have been approved.

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.

1. include detailed design of the proposed treatment train, including final estimations of contaminant removal and longsection demonstrating adequate head for treatment and gravity discharge;

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 13

The Waste Management Plan submitted by Low Impact Development Consulting dated 24/8/2023 for all commercial waste and recycling must be implemented post construction.

Any departure from this documentation must be submitted and approved as a Condition Endorsement, prior to commencement of work on the site. A waste management plan must include provisions for commercial waste services for the handling, storage, transport and disposal of waste and recycle bins from the development.

All work required by this condition must be undertaken in accordance with the approved waste 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 that solid waste management from the site meets the Council’s requirements and standards.

ENG tr2

A construction traffic and parking management plan must be implemented prior to the commencement of work on the site (including demolition).

The construction traffic (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) and parking management plan must be submitted and approved as a Condition Endorsement, prior to commencement work (including demolition). The construction traffic and parking management plan must:

1. Be prepared by a suitably qualified person.

2. Develop a communications plan to advise the wider community of the traffic and parking impacts during construction.

3. Include a start date and finish dates of various stages of works.

4. Include times that trucks and other traffic associated with the works will be allowed to operate.

5. Nominate a superintendent, or the like, to be responsible for the implementation of the approved traffic management plan and available as a direct contact to Council and/or members of the community pregarding day to day construction traffic operations at the site, including any immediate traffic issues or hazards that may arise.

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 the safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.

ENG 2a

Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS 1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.

Advice:

The Council does not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3. Slopes greater than 1 in 4 will require a vehicular barrier or wheel stop.

Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the Code are also required in the parking module this area may be considered as a path of access to a building.

Reason for condition

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

ENG 3b

The following aspects of the access driveway and parking area require further detailed designs:

1. Swept paths and car parking layout for Parking spaces 23 and 64 (end spaces).

2. Swept paths and car parking layout allowing for two way B99 traffic.

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

Advice:

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 5

The number of car parking spaces associated with the office component must be a minimum of twenty five (25). The number of car parking spaces associated with the private vehicle parking is eighty two (82).

All parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1 2004, prior to first occupation / commencement of use. Signage must be included to indicate the use of the spaces (office or private) in accordance with Australian Standard AS/NZS

1742.11:2016 prior to first occupation / commencement of use.

Reason for condition

To ensure the provision of parking for the use is safe and efficient.

ENG 9

All car parking spaces for people with disabilities must be delineated to Australian/NZS Standard, Parking facilities Part 6: Offstreet parking for people with disabilities AS/NZS 2890.6: 2009, prior to the commencement of the use.

Reason for condition

In the interests of vehicle user safety and the amenity of the development.

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.

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 r3

Prior to the commencement of use, the proposed driveway crossover on

the Melville Street highway reservation must be designed and constructed in accordance with:

Urban TSDR09v3 – Urban Roads Driveways and TSD R16v3 Type KCR or KCRB vehicular crossing, without invert lip in the gutter; Footpath Urban Roads Footpaths TSDR11v3.

Design drawings must be submitted and approved as a Condition Endorsement prior to any approval under the Building Act 2016. The design drawings must:

1. Show the cross and long section of the driveway crossover within the highway reservation and onto the property;

2. Detail any services or infrastructure (ie light poles, pits, awnings) at or near the proposed driveway crossover;

3. Show swept path templates in accordance with AS/NZS 2890.1 2004(B85 or B99 depending on use, design template);

4. 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;

5. Demonstrate that the crossover levels are such that floodway capacity within Melville St is maintained and floodwaters do not enter the carpark.

6. Show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1 2004.

7. Be prepared and certified by a suitable qualified person, to satisfy the above requirements.

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.

Reason for condition

To ensure that works will comply with the Council’s standard requirements.

ENV 2

Sediment and erosion control measures, sufficient to prevent sediment from leaving the site and in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A SWMP must be submitted and approved as a Condition Endorsement prior

to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The SWMP must be prepared in accordance with the Erosion And Sediment Control, The Fundamentals for Development in Tasmania and associated guideline documents (TEER &DEP, 2023), available from the Derwent Estuary Program’s website.

All work required by this condition must be undertaken in accordance with the approved SWMP.

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.

ENVHE 1

The recommendations made in the Environmental Site Assessment, 90 Melville Street (dated December 2019) must be implemented for the duration of the development.

Specifically:

Excavated soils for disposal must be in stockpiled and sampled by a suitably qualified person in accordance with the EPA's IB105 guidelines, and, A soil and water management plan should be documented and actioned for general sediment control to reduce loadings into the storm water infrastructure and waterways.

Reason for condition

To ensure that the risk to the environment remains low and acceptable.

ENVHE 4

A Demolition and Construction Environmental Management Plan, prepared by suitably qualified persons, must be implemented.

The Demolition and Construction Environmental Management Plan must be submitted and approved prior to the commencement of works and prior to the issue of any approval under the Building Act 2016, whichever occurs first.

The plan must include, but is not limited to, the following:

1. Details of the proposed demolition and 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 associated with the demolition and construction works including noise, vibration, 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 including:

i. measures to minimise erosion 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.

c. Measures detailing and demonstrating compliance with the recommendations of any environmental site assessment or contamination management plan relevant to the site or the development,or required as a condition of approval.

5. Details of proposed responsible persons, public communication protocols, compliance, recording and auditing procedures and complaint handling and response procedures.

Once approved the Demolition and Construction Environmental Management

Plan forms part of this permit and must be implemented and complied with.

A copy of the approved Demolition and Construction Environmental Management Plan must be kept on site for the duration of the works and be available for inspection.

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.

SURV 8

The applicant, at no cost to the Council, must have prepared, entered into, and have registered at the Land Titles Office, a deed pursuant to Section 75CA of the Conveyancing and Law of Property Act 1884 for the awning encroachment over Melville Street, prior to the issue of a completion certificate.

Advice:

A Section 75CA Conveyancing & Law of Property Act 1884 certificate for the occupation of a Highway requires that the encroachment is a minimum 2.40 metres above the footpath or 4.25 metres above the road carriageway. A 600mm set back from the back of kerb may also be required.

The applicant must prepare and forward the required instrument pursuant to section 75CA Conveyancing & Law of Property Act 1884, including a survey plan of the encroachment (certified by a registered surveyor), the associated $294 Council application fee and the Land Titles Office registration fee, to the Council for execution and subsequent registration within the Land Titles Office.

Reason for condition

To ensure that the proposed or existing building encroachment over Melville Street is formalised in accordance with statutory provisions.

ADVICE

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

CONDITION ENDORSEMENT

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

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 will 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 may require a permit to construct public infrastructure, with a 12 month maintenance period and bond (please contact the Hobart City Council's City Life Division to initiate the permit process).

PLANNING

The applicant is strongly encouraged to liaise with Tasnetworks to find an alternative substation location, to help improve the amenity, usability, safety, and long term viability of the proposed through site link.

URBAN FUTURES UNIT

The applicant is advised that the preferred use of the future public right of way land is as part of a new pedestrian link and that the land should be treated accordingly until such time as the right of way is established. This should include keeping it free of additional development into the future that may limit such a use and the removal of the gate and fence once the right of way is established.

The applicant is also encouraged to liaise with the Council in relation to the final location and design of the security gate, particularly in light of recent Tribunal decisions that have provided clarity around what is and is not an entrapment space.

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.

CBD AND HIGH VOLUME FOOTPATH CLOSURES

Please note that the City of Hobart does not support the extended closure of public footpaths or roads to facilitate construction on adjacent land.

It is the developer's responsibility to ensure that the proposal as designed can be constructed without reliance on such extended closures.

In special cases, where it can be demonstrated that closure of footpaths in the CBD and/or other high volume footpaths can occur for extended periods without unreasonable impact on other businesses or the general public, such closures may only be approved by the full Council.

For more information about this requirement please contact the Council's Mobility Unit on 62382711.

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

REDUNDANT CROSSOVERS

Redundant crossovers are required to be reinstated under the Hobart City Council’s Infrastructure By law. Click here for more information.

WASTE DISPOSAL

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.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-23-282 - 90 MELVILLE STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-23-282 - 90 MELVILLE STREET HOBART TAS 7000 - Attachment B - Planning Committee Agenda Documents ⇩

Attachment c: PLN-23-282 - 90 MELVILLE STREET HOBART TAS 7000 - Attachment C - Urban Design Advisory Panel Minutes ⇩

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