Agenda of Planning Committee Meeting - Wednesday, 22 November 2023

Item No. 6.1.1

Agenda (Open Portion)

Planning Committee Meeting

Page 1

22/11/2023

6.1 Applications under the Hobart Interim Planning Scheme 2015

6.1.1 1 Ellerslie Road, Battery Point - Partial Demolition, Alterations and Extension (Entry Canopy)

PLN-23-484 - FILE REF: F23/119723

Address: 1 Ellerslie Road, Battery Point

Proposal: Partial Demolition, Alterations and Extension (Entry Canopy)

Expiry Date: 1 December 2023

Extension of Time: Not Applicable

Author: Deanne Lang

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee, in accordance with the delegations contained in its terms of reference, approves the application for Partial Demolition, Alterations and Extension (Entry Canopy) at 1 Ellerslie Road, Battery Point. 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 PLN23484 1 ELLERSLIE ROAD BATTERY POINT TAS 7004 Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG sw1

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

Advice:

Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater onto a neighbouring property.

Reason for condition

To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.

ENG 1

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

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

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

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

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

Reason for condition

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

ENV 1

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or revegetated.

Advice:

For guidance, please see the TEER & DEP (2023) Erosion and Sediment Control guideline documents available from the Derwent Estuary Program’s website.

Reason for condition

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

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

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

BUILDING PERMIT

You may need building approval in accordance with the Building Act 2016. Click here for more information.

This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

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.

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.

NOISE REGULATIONS

Click here for information with respect to noise nuisances in residential areas.

FEES AND CHARGES

Click here for information on the Council's fees and charges.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

HERITAGE

The applicant is advised that signage is not approved as part of this application. If new signage is proposed, it may require an additional planning application.

Attachment a: PLN-23-484 - 1 ELLERSLIE ROAD BATTERY POINT TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-23-484 - 1 ELLERSLIE ROAD BATTERY POINT TAS 7004 - Attachment B - Planning Committee Agenda Documents ⇩

Item No. 6.1.2

Agenda (Open Portion)

Planning Committee Meeting

Page 1

22/11/2023

6.1.2 199 Macquarie Street, Hobart - Partial Demolition, Alterations, and Extension to Office Building, and Alterations to Carparking and Access

PLN-22-323 - FILE REF: F23/121402

Address: 199 Macquarie Street, Hobart

Proposal: Partial Demolition, Alterations and Extension to Office Building and Alterations to Carparking and Access`

Expiry Date: 22 November 2023

Extension of Time: Not Applicable

Author: Helen Ayers

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee, in accordance with the delegations contained in its terms of reference, approves the application for Partial Demolition, Alterations, and Extension to Office Building, and Alterations to Carparking and Access, at 199 Macquarie Street, Hobart 7000 for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN22323 199 MACQUARIE 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 2022/00782HCC dated 11/10/23 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 17

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

· Enables easy and efficient use of the area;

· Minimises potential for conflicts involving pedestrians, cyclists and vehicles;

· Prevents unreasonable impact on the amenity of adjoining users through light overspill;

· In accordance with AS1158.3.1:2005 Lighting for roads and public spaces; and

· Is appropriate to the hours of operation of the use.

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition, below ground works, or other preparatory site works), plans demonstrating compliance with this condition must be submitted and approved as a Condition Endorsement.

Once the plans are approved, the approved lighting must be installed prior to the issue of a Certificate of Occupancy, and must be maintained in place in accordance with the approved plans by the owners of the property.

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 parking and vehicle circulation roadways and pedestrian paths are provided with lighting to a standard which: Enables easy and efficient use; Promotes the safety of users; Minimises opportunities for crime or antisocial behaviour; and Prevents unreasonable light overspill impacts.

PLN s1

A plan showing the palette of exterior colours and materials must be prepared, which is substantially in accordance with the Final Planning Documents.

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition, below ground works, or other preparatory site works), the plan showing exterior colours and materials must be submitted and approved as a Condition Endorsement. Samples and revised montages must be submitted in support of the proposed plan.

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

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. Any change to the palette of exterior colours and materials which is not substantially in accordance with the Final Planning Documents may require separate planning approval.

PLN s2

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition, below ground works, or other preparatory site works), a landscaping plan for the soft and hard landscaping of the site prepared by a suitably qualified landscape expert must be submitted and approved as a Condition Endorsement.

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

Prior to occupancy or the commencement of the use (whichever occurs first), confirmation from a suitably qualified landscape expert that all landscaping works required by this condition have been implemented, must be submitted.

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

Note also the requirement of condition ENV s1 to provide a Vegetation Management Plan.

PLN s3

External security lighting must be baffled to ensure it does not cause emission of light into adjoining private land.

Reason for condition

In accordance with the stated intent of the applicant and to ensure external security lighting does not unreasonably impact residential amenity.

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 by gravity to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first).

Reason for condition

To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.

ENG sw6

The proposed works must not adversely impact on the current or future drainage of thirdparty land.

Design drawings showing the works in relationship to the easement and any pipe must be submitted and approved as a Condition Endorsement prior to issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first).

The plans must:

· be prepared by a suitably qualified person; and

· detail (including sections) any works near any thirdparty private drainage and easement passing through the site (including proposed cover and grade) and construction/ alterations of such pipes, demonstrating the private pipes and easement will retain capacity, land serviced, protection, and access. Any diverted thirdparty pipes must be covered by new appropriate easements to a legal point of discharge. These must be created by transfer prior to issue of any completion, occupancy or commencement of use (whichever occurs first).

· show private plumbing servicing separate Lots kept separate as far as practicable.

All work required by this condition must be undertaken in accordance with the approved design drawings and calculations.

Advice:

Council draws the applicant's attention to s73 & s74 of the Building Act 2016, and s20 of the Urban Drainage Act.

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 (Hobart Rivulet including its riparian zone) within/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 visual record and notes;

2. video footage of the Rivulet and riparian zone, and accompanying written condition assessment report; 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 post construction 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 (Hobart Rivulet including its riparian zone) within/adjacent to the proposed development, along with photos of any existing drainage structures connected to or modified as part of the 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 visual record and notes

2. video footage of the Rivulet and riparian zone, and accompanying written condition assessment report; 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, including ramp overhang and footings, fill and carpark, must be designed to ensure the protection and access to the Hobart Rivulet, its walls, riparian zone and associated floodplain.

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:

a. Demonstrate how the design will maintain the floodplain, protect the remnant riparian zone, provide adequate access to the rivulet (including for future replacement of the walls), impose no additional loads onto the rivulet and that the structure will be fully independent of the rivulet and any future wall replacement trenching zone.

b. Include multiple crosssections clearly showing the relationship both vertically and horizontally between the Rivulet and the proposed works within 10m of its bank.

c. 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 ten metres of the Rivulet and that construction of the ramp (including footings) 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:

The proposal is generally accepted. You will need separate 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.

Council also notes the works over the private thirdparty drainage easement will require the beneficiaries' consent under s74 of the Building Act 2016, and Council's consent under s73 of the Building Act 2016 should a pipe exist in it.

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 5

Construction of the development must not adversely impact the Hobart Rivulet.

A construction management plan (CMP) must be submitted and approved prior to commencement of works as a Condition Endorsement. 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 Hobart Rivulet during construction including but not limited to construction loading, traffic loading, excavation works, groundwater removal, footing construction, vibrations, undermining, 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.

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

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. Note also the requirements of condition ENVHE4 for a Construction Environmental Management Plan.

SW 7

Prior to occupancy or the commencement of the use (whichever occurs first), any new or amended 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 via the condition endorsement process and approved. The detailed engineering drawings must include:

1. the location of all existing connections, confirmation that the connection is of a level able to service the entire development (including any ag drains and treatment) via gravity, and their current catchment.

2. Should any increase in catchment occur, demonstrate the connection has adequate erosion and scour control.

3. Should any new or amended connection be required, engineering drawings detailing:

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

2. in general accordance with the LGAT Standard Drawings and

Council's departures from these, publilshed on our website

4. longsections of the proposed connection clearly showing levels, clearances from any nearby services, intrusion through wall, cover, size, material and delineation of public and private infrastructure;

5. connections which are freeflowing gravity driven;

6. adequate erosion and scour control and minimise hydraulic intrusion. The longsection must extend from invert of watercourse to the carpark.

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

Advice:

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

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 a treatment train meeting the State Stormwater Strategy target removal rates for the development, including longsection demonstrating adequate driving head, and gravity inflow/ outflow;

2. include a supporting maintenance plan, which specifies the required maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.

All work required by this condition must be undertaken and maintained in accordance with the approved stormwater management report and design.

Advice:

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

SW 11

No adverse impact on the modelled critical 1% AEP at 2100 flood event is approved by this permit.

Detailed engineering drawings must be submitted as a Condition Endorsement prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first). These must

include (but are not limited to):

1) certification from an accredited and qualified structural engineer that all proposed structures within or adjacent to the flood zone, including but not limited to the ramp footings, are designed to resist inundation, erosion, undermining and likely forces from a flood event (including debris loading);

2) details of hydraulically permeable vehicle barrier/ fencing for the lower carpark ;

3) details of all works within the modelled flood extent demonstrating that proposed works (including but not limited to the carpark ramp soffit and footings) do not intrude vertically or horizontally into the flood levels based on predicted 1% AEP flood event for year 2100 including climate change, as per the documentation submitted at Planning;

4) no fill within the flood extent is approved under this permit.

All work required by this permit must be undertaken and maintained in accordance with the approved detailed 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.

ENG 13

An ongoing waste management plan for all commercial waste and recycling must be implemented post construction.

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

1. Include provisions for commercial waste services for the handling, storage, transport and disposal of domestic waste and recycle bins from the development.

2. Nominate a collection time and location for the privately collected bins, and provide confirmation from a private waste contractor on the ability to collect waste.

3. Be inline with the Hobart City Councils Waste Management ByLaw, Division 4 Commercial Collection Services Use of waste bins or containers.

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 2b

Further detailed designs are required for the vehicle barriers proposed surrounding the access, circulation roadway, ramps and parking area.

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

The detailed designs must:

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

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

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

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

Advice:

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

Reason for condition

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

ENG 2c

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

Advice:

An example certificate is available on our website.

Reason for condition

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

ENG 3b

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

1. Access, circulation roadway and ramp transitions and gradients to be inline with the Australian Standard AS2890.1:2004.

2. Cross sections along access and circulation roadway, ensuring the minimum single lane width of 3m is achieved, and a minimum of 6m width is achieved at the access.

3. Circular ramp connecting the two parking levels, providing a minimum width of 3.9m inline with the Australian Standard for an outer radius of 7.3m.

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 3c.

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 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.

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.

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 14

Adequate sight distance between user vehicles, cyclists and pedestrians must be provided on the northern side of the access, where the Fire Hydrant

Booster is currently located.

Amended drawings must be submitted and approved as a Condition Endorsement, prior to the issuing of any Building Approval. The amended drawings must demonstrate that adequate sight distance between user vehicles, cyclists and pedestrians can be provided on the northern side of the driveway by one of the following methods:

1. Relocation of the existing hydrant to provide pedestrian sight lines; or

2. Otherwise demonstrating compliance with Australian/NZ Standard, Parking facilities Part 1: Offstreet car parking AS/NZS 2890.1: 2004 Fig 3.3.

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 the safety of vehicles entering and leaving the development and of pedestrians and traffic in the vicinity.

ENV s1

An approved Vegetation Management Plan must be implemented.

Prior to the commencement of works and prior to the granting of building consent, a Vegetation Management Plan must be submitted and approved.

The Vegetation Management Plan must:

· detail all vegetation to be removed from the Rivulet embankment below the car park retaining wall;

· include plantings of appropriate native riparian species on the Rivulet embankment below the car park retaining wall;

· include measures to minimise soil disturbance; and

· include measures to avoid unnecessary impacts on vegetation being retained during the construction process, and in particular on the blackwood tree under the tree being removed to facilitate construction of the car park ramp.

Reason for condition

To ensure the development will not have an unnecessary or unacceptable impact upon natural values

HER 8

The recommendations in 6.2 of the Latitude Heritage Report dated 23 June 2023 authored by Dr Jennifer JonesTravers must be implemented by the applicant. Specifically:

· Prior to any excavation commencing, an ‘Archaeological Excavation Strategy and Research Design’ must be prepared for the study area which outlines a program of staged archaeological investigations, commencing with archaeological testing.

· Prior to any excavation commencing, archaeological test investigations must be completed within the study area to confirm the location, depth, intactness, and significance of historical archaeological resources identified in this report. The results of archaeological testing should be used to enable redesign to avoid or reduce impacts, or to inform the need for further archaeological mitigation where impact avoidance is not possible.

· Throughout construction, all excavations, artefact management and reporting for any historical archaeological investigations completed must be undertaken in accordance with Tasmanian Heritage Council’s (2014) Practice Note 2: Managing Historical Archaeological Significance in the Works Process.

· Prior to the commencement of use, a Heritage Interpretation Plan, informed by archaeological investigations where warranted, must be prepared for the study area to enable successful communication of the site’s history and heritage significance to site occupants and members of the public.

Reason for condition

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

ENVHE 4

A Construction Environmental Management Plan (CEMP), prepared by suitably qualified persons, must be implemented, in accordance with the 'Environmental Site assessment' submitted by Pitt & Sherry dated 1 September 2023.

A CEMP must be submitted and approved via the condition endorsement process, prior to the commencement of works or issue of any approval under the Building Act 2016 (whichever occurs first).

The CEMP must include/consider, but is not limited to, the following:

1. Contaminated Land:

a. Excavated soils and wastes:

• Due to the presence of detected low amosite (brown asbestos) fibre concentrations in fill soils at one location, any excavated soils and excavations be kept moist and dust generation should be avoided;

• Based on the assessment against the ASC NEPM criteria, excavated Site soils are suitable for reuse on Site, provided any excavated mixed fill materials, which include soils, sand, gravel with mixed solid wastes (e.g. concrete, timber, bricks, scrap steel, etc.), are buried at depth and covered by hardstand, or are removed and disposed offsite to a landfill (refer to classification requirements below).

• If any excavated soils cannot be reused on Site, and need to be disposed to landfill, the following be undertaken:

· Natural reworked materials (e.g. crushed dolerite) to be separated from mixed fill materials (soil, sand, clay mixed with concrete, timber, bricks, scrap steel, etc.);

· The waste classification of natural reworked materials to be determined prior to offsite disposal. Testing to be carried out for CoPCs listed in Section 4.2 of the Pitt and Sherry ESA and in accordance with IB105;

· The waste classification of mixed fill is expected to be Level 2 – low level contaminated soils, based on B(a)P total concentrations; additional testing for CoPCs listed in Section 4.2 to be undertaken prior to disposal and in accordance with IB105; and

· Soil wastes classified as Level 2 and above require approval from EPA for offsite disposal and transport must be undertaken by a licenced controlled waste contractor.

b. Sediment and water management:

• Effective erosion and sediment control measures must be designed and implemented to minimise the potential for environmental harm to the Hobart Rivulet during excavation works; and

• If piering or other works could occur at depths over 2.5 to 3 m below ground level and could encounter groundwater, appropriate groundwater collection and management measures to be designed and implemented to minimise the potential for environmental harm to the

· Hobart Rivulet during excavation works.

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 construction works including dust, noise, vibration, erosion and pollution (air, land and water).

4. Adequate soil and erosion control measures, sufficient to prevent sediment from leaving the site, must be implemented 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. Details of proposed measures to avoid or mitigate all identified potential environmental impacts during construction works including, but not limited to:

a. A soil and water management plan (SWMP) 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

v. details of remediation/ revegetation.

b. 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 Construction Environmental Management Plan forms part of this permit and must be implemented and complied with.

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

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 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.

Reason for condition:

To minimise the impact of construction works.

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

If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services eplanning portal. Detailed instructions can be found here.

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

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

BUILDING PERMIT

You may need building approval in accordance with the Building Act 2016. Click here for more information.

This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

PLUMBING PERMIT

You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a permit for the occupation of the public highway for construction or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

You may require a road closure permit for construction or special event. Click here for more information.

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.

PLANNING

The applicant is encouraged to apply a similar variety and level of finish/materiality to the wall housing the lift facing the Hobart Rivulet as the southern wall on the boundary with 201 Macquarie St, to ensure that the proposal doesn't detract from the amenity of the Rivulet.

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 6238 2711.

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 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.

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.

LEVEL 1 ACTIVITIES

The activity conducted at the property is an environmentally relevant activity and a Level 1 Activity as defined under s.3 of the Environmental Management and Pollution Control Act 1994. For further information on what your responsibilities are, click here.

NOISE REGULATIONS

Click here for information with respect to noise nuisances in residential areas.

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.

CREATIVE HOARDING PROGRAM

The City of Hobart is running a twoyear trial program to present art and design concepts as printed artwork on commercial and civil construction hoardings in Hobart. For the trial period, printed artwork will be available to eligible development projects. The City of Hobart will arrange and pay for printing and delivery of quality printed artwork based upon site specifications. The applicant is encouraged to contact the Public Art team at City of Hobart to discuss potential involvement. Please email: publicart@hobartcity.com.au, or call (03) 6238 2565. More details are available on the Council's website here.

Attachment a: PLN-22-323 - 199 MACQUARIE STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-22-323 - 199 MACQUARIE STREET HOBART TAS 7000 - Attachment B - PC Agenda Documents ⇩

Attachment c: PLN-22-323 - 199 MACQUARIE STREET HOBART TAS 7000 - Attachment C - Urban Design Advisory Panel Report ⇩

Attachment d: PLN-22-323 - 199 MACQUARIE STREET HOBART TAS 7000 - Attachment D - Referral Officer Reports ⇩

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