Minutes (Open Portion)

Planning Committee Meeting

Page 1

20/12/2023

Minutes (Open Portion)

Planning Committee Meeting

Page 1

20/12/2023

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Harvey

Kelly

Elliot

Bloomfield

Posselt

Lohberger

BURNET

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 22 November 2023 and Wednesday, 6 December 2023, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Harvey

Kelly

Elliot

Bloomfield

Posselt

Lohberger

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Harvey

Kelly

Elliot

Bloomfield

Posselt

Lohberger

AYES

NOES

Lord Mayor Reynolds

Harvey

Deputy Lord Mayor Burnet

Kelly

Zucco

Elliot

Bloomfield

Posselt

Lohberger

6.1.1   23 Kirksway Place, 25 Kirksway Place, Battery Point and Adjacent Road Reserve - Partial Demolition, Alterations, New Building for Five Multiple Dwellings, and Associated Works

POSSELT

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Senior Statutory Planner of 9 December 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Sullivans Cove Planning Scheme 1997, the Planning Committee, in accordance with the delegations contained in its terms of reference, approves the application for Partial Demolition, Alterations, New Building for Five Multiple Dwellings, and Associated Works, at 23 and 25 Kirksway Place and Adjacent Road Reserve for the reasons outlined in the officer’s report marked as Attachment A to item 6.1.1 of the Open Planning Committee agenda of 20 December 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 PLN­20­879 ­ 23 KIRKSWAY PLACE BATTERY POINT TAS 7004 ­ 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 2023/00069­HCC dated 14 June 2023 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

THC

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 8084 dated 19 December 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 13

Prior to completion, the apartments must incorporate acoustic measures consistent with AS2107:2000 to the satisfaction of the Council’s Director City Life to achieve the following design sound levels:

(a) Leq 35 dB(A) in sleeping areas (bedrooms); and

(b) Leq 40 dB(A) in living / work areas.

Prior to the issue of a building permit and the commencement of above ground works, details demonstrating compliance with this condition must be submitted to and be approved as a Condition Endorsement.

All works required by this condition must be undertaken in accordance with the approved details

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 interests of maintaining a satisfactory level of residential amenity and to ensure the ongoing viability of the mixed use character of the Cove.

PLN 17

Night­lighting of the building must be installed prior to first use.

A night­lighting plan must be submitted and approved, prior to first use, as a Condition Endorsement. The night­lighting plan must ensure that the night lighting will:

·        Accentuate the walls of the building; Accentuate the landscaping of the site;

·        Not unreasonably impact on the amenity of adjoining residential uses;

·        and

·        Be in accordance with Crime Prevention through Environmental Design Principle.

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

Advice:

This condition requires additional information to be submitted as a Condition Endorsement. Please refer to the advice at the end of this permit for more information about Condition Endorsement.

Reason for condition

To ensure the development is in accordance with the Guiding Principles of the planning scheme (clause 7.3.6) and Schedule 2 Urban Form, as well as the application documentation (refer p56 of the Ireneinc Planner's Report).

PLN s1

Prior to first use, the site must be landscaped substantially in accordance with the landscape concept plans by Play Street and forming part of the Final Planning Documents.

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition and preparatory site works), a finalised landscaping plan for the soft and hard landscaping of the site prepared by a suitably qualified landscape expert must be submitted and approved. The landscaping plan must show hard and soft landscaping substantially in accordance with the landscape concept plans by Play Street and forming part of the Final Planning Documents.

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

Prior to first 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.

PLN s2

A plan showing the palette of exterior colours and materials must be prepared.

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition and for preparatory site works), the plan showing exterior colours and materials must be submitted and approved. Samples and revised montages may be required to be submitted in support of the proposed plan. The plan must include full details of the artwork into the facade panels in accordance with the Heritage Impact Statement.

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

Advice:

Note also condition HER 17C and HER s2.

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).

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 advises the area has a history of groundwater and springs, which should be taken into consideration in the final design.

Reason for condition

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

SW 6

The new stormwater infrastructure must be designed and constructed prior to occupancy or the commencement of the approved use (whichever occurs first). All redundant connections must be abandoned and removed. All works must be at the Developer's cost.

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:

1.      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);

2.      clearly distinguish between public and private infrastructure;

3.      show all existing stormwater connections for the site

4.      show in both plan and long­section the proposed stormwater main and connection, including but not limited to, flows, velocities, hydraulic grade lines, clearances, cover, gradients, sizing, material, pipe class, and pit types;

5.      be designed to facilitate the future extension of the piped system (eg connection of the DN150 pipe); and

6.      a brief construction management plan identifying any measures required to mitigate risks.

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 Permit to Construct Public Infrastructure will be required, including insurances, CCTV and maintenance period bond.

SW 9

Prior to occupancy or the commencement of the approved use (whichever occurs first), treatment 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 long­ section demonstrating adequate driving head can be achieved, and final estimations of contaminant removal;

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 3a

The access driveway and parking area must be constructed in accordance with the following documentation which forms part of this permit: I + 2 Architecture, Proposed Basement 01/ D4 ­ issued for additional information dated 10th October 2023.

Any departure from that documentation and any works which are not detailed in the documentation must be either:

a)      approved by the Director City Life, via a condition endorsement application; or

b)      designed and constructed in accordance with Australian Standard AS/NZ 2890.1:2004.

The works required by this condition must be completed 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 3a.

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 approved to be used on the site is Ten (10). 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

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

ENG 5b

The jockey parking spaces shown at 25 Kirksway Place accessed from Sandy Bay Road do not form part of this planning application and are not approved as part of this planning permit.

Advice:

It is noted that Council holds no record of the parking area and parking spaces being approved, and Council has not assessed them as part of this application. Approval of the parking area is not implied or granted as part of this permit.

Reason for condition

To clarify the scope of the permit.

ENG 6

Prior to first occupation or commencement of use (whichever occurs first), bicycle storage compliant with the Australian Standard AS/NZS 2890.3:2015 must be installed.

Reason for condition

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

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

·        Urban ­ TSD­R09­v3 – Urban Roads Driveways and TSD R14­v3 Type KC 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.       Show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1 2004.

5.       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 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.

HER 7

Archival quality annotated photographs and drawings of the veranda to be demolished must be recorded prior and during works of demolition.

The photographs and drawings must be submitted and approved as a Condition Endorsement, prior to the commencement of excavation and demolition works to the new development. The photographs and drawings must include:

1.      Each elevation of the verandah;

2.      The interior of the verandah;

3.      Architectural features visible before and during the dismantling of the structure;

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

Except where this may impact upon the provision of artwork to the Gladstone Street elevation, 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.

Advice:

Note also condition PLN s2 and HER s2.

Reason for condition

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

HER s2

Artwork must be incorporated into the pre­cast facade walls to the ground floor and level one of the Gladstone Street facade, prior to first use of the building. The artwork must be of a scale substantially in accordance with the Final Planning Documents and in the form of a relief incorporating patterning, imagery and texture complementary to the concrete and stone facades of the adjacent streetscape and the cultural heritage of the place.

Prior to the issue of any approval under the Building Act 2016 (excluding demolition and preparatory site works), the following must be submitted and approved as a Condition endorsement, in accordance with the above requirement:

·        Details of the design including elevations, materials, process, and an artist's written statement with methodology for the artwork. of works.

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

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 condition PLN s2 and HER 17C.

Reason for condition

To enhance the understanding and the cultural value of the site, to ensure that works are done to the satisfaction of the Council, and in accordance with the submitted application documentation.

ENVHE 4

An approved Construction Environmental Management Plan, prepared by suitably qualified persons, must be implemented.

A Construction Environmental Management Plan must be submitted and approved via the Condition Endorsement Process 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 construction methodology 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).

3.      Details of potential environmental impacts associated with the development works including noise, vibration, erosion and pollution (air, land and water).

4.      Details of proposed measures to avoid or mitigate to acceptable levels all identified potential environmental impacts during development works including, but not limited to:

1.      A noise and vibration management plan 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) including, but not limited to:

i.       identification of potentially noisy or vibration­causing construction activities;

ii.      procedures to ensure that all reasonable and feasible noise and vibration mitigation measures are applied during operation of the construction management plan; and

iii.     details of monitoring measures and triggers for corrective actions.

2.      A soil and water management plan (SWMP) including (but not limited to):

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; and

iii.  measures to prevent soil and debris being carried onto the street.

iv.  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.

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

The approved Construction Environmental Management Plan forms part of this permit and must be 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:

Once the plan has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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 potential for environmental impacts from the construction works

SURV 16

The titles comprising the development site (CT 51157/1 and CT 104989/1) are to be adhered in accordance with the provisions of Section 110 of the Local Government (Building and Miscellaneous Provisions) Act 1993, to the satisfaction of the Council prior to the issue of any building consent, building permit (including demolition) and / or plumbing permit pursuant to the Building Act 2016 (if applicable), or the commencement of works on site (whichever occurs first).

Reason for condition

To ensure compliance with statutory provisions

Advice:

The application for an adhesion order to the Council has a fee of $315. Evidence will be required that the owners and mortgagees do not object to the adhesion and the condition is considered completed when a copy of the receipt for the Land Titles Office lodgement slip for the adhesion order has been received by the Council.

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.

PLANNING

Consideration should be given to removing or reducing the size of the rooftop pavilion and roof terrace balustrade and/or constructing the rooftop terrace balustrade from clear glazing

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.

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.

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.

6.2.1   48 Nicholas Drive, 46 Nicholas Drive, 42 Nicholas Drive and Adjacent Council Reseve (Bicentennial Park), Sandy Bay - Partial Demolition, Alterations, Extension and Associated Works

BURNET

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Manager Development Appraisal of 5 December 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, approve the application for partial demolition, alterations, extension, and associated works at 48 Nicholas Drive, 46 Nicholas Drive, 42 Nicholas Drive and the adjacent Council Reserve (Bicentennial Park) for the reasons outlined in the officer’s report marked as Attachment A to item 6.2.1 of the Open Planning Committee agenda of 20 December 2023 and a permit containing the following conditions be issued: