Minutes (Open Portion)

Planning Committee Meeting

Page 1

6/12/2023

Minutes (Open Portion)

Planning Committee Meeting

Page 1

6/12/2023

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 22 November 2023, to be confirmed at the meeting of 20 December 2023 due to the meeting being adjourned.

AYES

NOES

Dutta

Acting Lord Mayor Burnet

Harvey

Kelly

Bloomfield

Posselt

Lohberger

6.1.1   86 Argyle Street, Hobart - Partial Demolition, Alterations and Extension for Hotel Industry

POSSELT

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 for Hotel Industry, at 86 Argyle Street, Hobart subject to the following conditions:

GEN
The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-23-360 - 86 ARGYLE 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 2023/00840-HCC dated 4 September 2023 as attached to the permit. 

Reason for condition

To clarify the scope of the permit.

PLN 17
Lighting associated with the terrace bar must operate in accordance with Australian Standard AS 4282 - Control of the obtrusive effects of outdoor lighting.

Reason for condition

To ensure that impacts of light spill on the amenity of surrounding areas resulting from late night operation of hotel industry uses are kept to a minimum.

PLN 6
Other than onsite accommodation, the use must not be open to the public outside of the following hours:

• Monday – Sunday 7am -12am 

Reason for condition

To ensure that impacts on the amenity of surrounding areas resulting from late night operation of hotel industry uses are kept to a minimum.

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 13
An ongoing waste management plan for all commercial or domestic 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. and supporting documentation from a private waste contractor stating the ability to service the proposed waste management plan. 

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 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, pre-existing 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 site-related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

HER 7
Archival quality annotated photographs and drawings of the building and features to be demolished must be recorded prior to commencement of work.

The photographs and drawings must be submitted and approved as a Condition Endorsement, prior to the commencement of work. The photographs and drawings must include: 

1. Each elevation of the building;
2. The interior of the building;
3. Architectural design detailing of the building;
4. Both electronic and hard copy colour images;
5. Photographs of any detail that may be of historical or architectural interest; and
6. Cross referencing of all photographs to “as existing” plan showing the location and orientation of the camera.

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 recognition of the historic cultural heritage significance of the place.

HER 17c
The external colours, materials and finishes of the approved development must be substantially in accordance with the approved plans. Any substantial change in the colours, materials and finishes requires further approval.

Reason for condition

To ensure that development at a heritage place/precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

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, by-laws, 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 e-planning 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.

PUBLIC HEALTH
You may be required to provide approved/endorsed plans for a food business fit out, in accordance with the National Construction Code - Building Code of Australia including Tas Part 14 for food premises which must have regard to the FSANZ Food Safety Standards. Click here for more information. 

FOOD BUSINESS REGISTRATION
Food business registration in accordance with the Food Act 2003. Click here for more information. 

SINGLE USE PLASTICS
The City of Hobart has a ‘Single-Use Plastics By-Law’ in force, which applies to retailers who provide or sell food to be taken from the retailer’s premises in food packaging. Retailers must not provide to a person any food packaging which is wholly or partly comprised of plastic and a single use product. Please click here for more information.

OCCUPATION OF THE PUBLIC HIGHWAY
You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). 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. 

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.

LEGAL ACCESS
It is recommended that you obtain legal access over the laneway from Argyle Street to the proposed entrance and bin storage areas on the northwestern side of the Ocean Child Hotel, prior to the issue of any building consent, building permit, or plumbing permit pursuant to the Building Act 2016, or commencement of work (whichever occurs first).  This is strongly recommended to ensure that there is legal access to the proposed accommodation entrance and bin storage areas on the northwestern side of the Ocean Child Hotel.

RIGHT OF WAY
The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

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. 

MOTION LOST

VOTING RECORD

HARVEY

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Senior Statutory Planner of 24 November 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, refuses the application for Partial Demolition, Alterations, and Extension for Hotel Industry, at 86 Argyle Street, Hobart for the following reasons:

1       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.1 A1 or P1 (a) and (b) of the Hobart Interim Planning Scheme 2015 because the proposed demolition will result in the loss of significant fabric that contributes to the historic cultural heritage significance of the place and it has not been demonstrated: that there are environmental, social, economic or safety reasons of greater value to the community than the historic cultural heritage values of the place; or that there are no prudent and feasible alternatives.

2       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A1 or P1 (a) of the Hobart Interim Planning Scheme 2015 because its incompatible design in terms of height, scale, bulk, form, fenestration, siting, materials and finishes and will result in loss of the cultural heritage significance of the heritage listed place.

3       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A2 or P2 (a), (b), (c), or (d) of the Hobart Interim Planning Scheme 2015 because it will not be subservient and complementary to the listed place due to its bulk, scale, materials, built form, setback, fenestration, setback from frontage, siting with respect to listed elements and use of more dominant materials and colours.

4       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A3 or P3 of the Hobart Interim Planning Scheme 2015 because it does not respond to the dominant heritage characteristics of the listed place.

5       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A4 or P4 of the Hobart Interim Planning Scheme 2015 because the extension to the existing building detracts from the historic cultural heritage significance of the heritage listed place.

7.1      Delegated Decision Report (Planning)

BURNET

That the recommendation contained in the report of the Acting Director City Life of 30 November 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the 'Delegated Decision Report (Planning)', be received and noted.

7.2      Planning - Advertised Applications Report

HARVEY

That the recommendation contained in the report of the Acting Director City Life of 1 December 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

Question:    Can the Acting Director advise that as the 22 November meeting was adjourned for want of quorum. How many Planning meetings in this term have been abandoned through lack of quorum?

Answer:    The Acting Director City Life took the question on notice.