Minutes (Open Portion)

Planning Committee Meeting

Page 1

25/10/2023

Minutes (Open Portion)

Planning Committee Meeting

Page 1

25/10/2023

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Harvey

Dutta

Kelly

Bloomfield

Posselt

Lohberger

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 11 October 2023, be confirmed as an accurate record.

Burnet                                                     That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Harvey

Dutta

Kelly

Bloomfield

Posselt

Lohberger

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Harvey

Dutta

Kelly

Bloomfield

Posselt

Lohberger

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

Procedural Motion

Burnet                           That the matter be deferred for further consideration.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the matter be deferred for further consideration.

Attachments

a    Deputation - Photos Supporting Information Joanne Hanuszewicz   

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

Burnet

That the recommendation contained in the report of the Development Appraisal Planning and Acting Statutory Planner of 20 October 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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 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, marked as item 6.1.2 of the Open Planning Agenda of 25 October 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 PLN­23­282 ­ 90 MELVILLE STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 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;

(c) minimises opportunities for crime or anti social behaviour; and

(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.

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.

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:

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 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 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; and

3.     photos of 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 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).

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:

·    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.

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 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 regarding 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

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.

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.

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 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.

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.

ENV 2