Agenda of Planning Committee Meeting - Wednesday, 17 January 2024

Agenda (Open Portion)

Planning Committee Meeting

Page 1

17/1/2024

6.2 Applications under the Hobart Interim Planning Scheme 2015

6.2.1 512 Nelson Road, 514 Nelson Road, 12 Ribbon Gum Court and Adjacent Road Reserve, 22 Lalwinya Road and 512A Nelson Road Mount Nelson - Partial Demolition, Subdivision (17 New Lots), and Associated Works and Hydraulic Infrastructure

PLN-22-848 - FILE REF: F24/5048

Address: 512 Nelson Road, 514 Nelson Road, 12 Ribbon Gum Court and Adjacent Road Reserve, 22 Lalwinya Road and 512A Nelson Road Mount Nelson

Proposal: Partial Demolition, Subdivision (17 New Lots) and Associated Works and Hydraulic Infratructure

Expiry Date: 7 February 2024

Extension of Time: Not applicable

Author: Richard Bacon

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 a Partial Demolition, Subdivision (17 New lots) and Associated Works and Hydraulic Infrastructure at 512 and 514 Nelson Road, 12 Ribbon Gum Court, 512A Nelson Road and 22 Lalwinya Road and Adjacent Road Reserve, Mount Nelson, TAS 7007 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 PLN22848 512 NELSON ROAD,

512A NELSON ROAD, 514 NELSON ROAD, 22 LALWINYA ROAD, 12 RIBBON GUM COURT AND ADJACENT ROAD RESERVE, MOUNT NELSON TAS 7007 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 2022/02064HCC dated 6 May 2023 and 9 June 2023 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

The proposed layout of lots 7 to 11, and the adjoining portion of the road lot is not approved. An amended design demonstrating lots 8 and 9 with building envelopes meeting the acceptable solution for the zone must be submitted to and approved by the Manager Development Appraisal prior to the commencement of works on site.

The amended design must:

1. demonstrate that a 10m by 15m rectangular building envelope can be provided for lots 8 and 9 that is clear of all encumbrances, including the minimum front boundary stetback, and any rights of way or easements affecting the lots.

2. demonstrate that a 10m by 15m rectangular building envelope can be provided that is clear of the additional 2m either side of the proposed 4m wide right of way current shown through lot 9.

Advice:

The plans submitted to the Council on 12 December 2023 satisfies this condition.

Reason for condition

To ensure the proposal is reasonably capable of accommodating future residential use and development.

SW 9

Prior to sealing of the final plan, 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 longsection 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.

SW 15

Access and services to each lot must be designed and installed to meet the needs of future development, prior to the sealing of the final plan or commencement of the use (whichever occurs first).

The proposed works, lots and any properties directly utilising the existing drainage easement shown on the titles for 508516 Nelson Rd must be drained to Council infrastructure. New stormwater connection points to Council infrastructure are required for 508516 Nelson Road, and these must be constructed, and existing redundant connections to the drainage easement must be sealed prior to removal of the drainage easement or sealing of the final plan (whichever occurs first). All works required by this condition must be carried out at the developer's cost.

Detailed engineering drawings 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 drawings must be certified by a suitably qualified and experienced engineer and must:

1. be generally in accordance with Local Government Association of Tasmania: Tasmanian Municipal Standard Drawings, as varied by the City of Hobart published departures from those drawings, and Tasmanian Subdivision Guidelines (October 2013);

2. clearly distinguish between public and private infrastructure;

3. show the final lot boundaries, with each lot serviced separately by the Hobart City Council infrastructure and all private plumbing contained within each lot;

4. specify lot connection sizes and locations such that the majority of the lot, including the driveway, can be adequately drained via gravity;

5. show all stormwater from the existing and proposed development (including but not limited to: roofed areas, ag drains, and impervious surfaces such as driveways and paved areas) drained to the Hobart City Council stormwater infrastructure with sufficient receiving capacity;

6. show the location of all existing connections and thirdparty private pipes passing through the lots;

7. show in plan, crosssection and longsection the proposed stormwater infrastructure, including but not limited to, connections, levels, flows, velocities, hydraulic grade lines, clearances from structures, boundaries and other services, cover, gradients, sizing, material, pipe class, easements and inspection openings;

8. include the associated calculations and catchment area plans. The stormwater system (including defined overland flow paths) must cater for all 1% AEP at 2100 event (i.e including climate change loading) from a fully developed future catchment. The piped system must be sized to accommodate at least the 5% AEP flows from a fullydeveloped catchment;

9. identify and design dedicated overland flow paths for the critical 1% AEP events, including appropriate blockage factors. The proposed Lot 15 open drain must be private infrastructure.

10. detail filling of the drainage lines & ponds/waterholes on the site, shaping of Lot 15 to provide a suitable building area, and capture of any excess surface flows/ springs from the Balance Lot.

11. include sections through the site demonstrating the finished surface levels do not concentrate or trap surface water.

12. detail the interception of Nelson Rd surface drainage with regards to the new road design

13. Detailed design and supporting calculations of all works required to the receiving Council stormwater system downstream of the development to the creek, to adequately convey the 1% AEP flows at 2100 and minimise erosion; including measures to ensure the stormwater conveyance system complements the natural values of the site.

14. Detail future maintenance measures required

A structural condition assessment and visual record of the new public infrastructure must be submitted prior to issue of practical completion.

All work required by this condition must be constructed in accordance with the approved engineering drawings. All services must be installed prior to the sealing of the final 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. As well as the identified upgrades required to the swale on 12 Ribbon Gum Court, and the erosion mitigation on 22 Lalwinya, the confluence of the Ribbon Gum Court drainage swale with this swale must be examined.

A Permit to Construct public Infrastructure is required, which will include requirements for indemnities, CCTV, and maintenance period bond.

ENG 2a

Prior to sealing of the final plan of subdivision and the creation of lot 12, 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

Further detailed designs are required for the access driveway, circulation roadway and parking area for Lot 12.

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 and ENG 12.

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 4

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

Reason for condition

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

ENG 11

Prior to the sealing of the final plan, the proposed accesses must be designed and constructed in accordance with:

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

2. LGAT Standard Drawing Footpath Urban Roads Footpaths TSDR11 v1

3. A Council approved alternate design.

Advice:

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

Please contact the Council's City Infrastructure Unit to discuss approval of alternate designs. Based on a site specific assessment, Council may permit extending non approved concrete slab crossover, and where nonstandard kerb and channel exists a concrete plinth to Council standards may be permitted for construction at the gutter.

Reason for condition

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

ENG 12

All accesses must be generally designed and constructed in accordance with the Australian Standard Parking facilities, Part 1: OffStreet Carparking, AS 2890.1 – 2004, prior to the first occupation.

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

1. Include access designs for lots 1 to 17.

2. Provide long sections and cross sections that show dimensions, levels and gradients, transitions and other details as necessary to satisfy the above requirement.

3. Include any batter or retaining works required in the road reservation to provide the lots access.

4. Be consistent with the final, approved Bushfire Hazard Management Plan provided pursuant to condition ENV 3 of this permit.

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

Advice:

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

Reason for condition

To ensure that the access and parking layout for the development is to accepted 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 and downstream of 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. downstream swale to the point of discharge to the creek, 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 9

Prior to the commencement of works, a Tree Retention Assessment, prepared by a suitably qualified arboriculturalist in conjunction with other specialists as required, must be submitted and approved. The Tree Retention Assessment must:

· identify and detail all trees on 512 Nelson Road with a diameter at breast height (DBH) of more than 40cm, including species, size (DBH) and condition;

· include a plan showing the surveyed location of all stems with high accuracy together with their associated structural root zones (SRZs) and tree protection zones (TPZs) as determined using Australian Standard AS 49702009 Protection of trees on development sites, and showing all proposed subdivision works and development including earthworks, service trenches, roads, crossovers, footpaths and fire trails;

· identify trees to be retained and removed, with justification for each tree proposed to be removed;

· aim to maximise the retention of trees, during both subdivision works and future residential development, particularly Eucalyptus globulous and Eucalyptus ovata;

· include specific consideration of the proposed routes and construction methodology of services (low impact construction techniques must be considered), particularly for Lots 69;

· consider tree condition and the likely reasonable needs of future residential development;

· include consideration of future lot boundary fencing, including the potential for fencing designs that would minimise impacts to trees; and

· be consistent with the recommendations of the final, approved Bushfire Hazard 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 use/development does not result in unnecessary or unacceptable loss of priority biodiversity values.

ENV 10

Prior to the commencement of works, a Tree Retention Plan, based on the approved Tree Retention Assessment, must be submitted and approved. The Tree Retention Plan must:

· identify and detail all trees on 512 Nelson Road with a diameter at breast height (DBH) of more than 40cm that will be retained;

· include measures to ensure trees to be retained are protected from development works, or impacts from development works are minimised, including any low impact construction techniques for subdivision works or future lot fencing/development.

The subdivision works must be carried out in accordance with the approved Tree Retention Plan unless the prior, written consent of the planning authority is obtained. Compliance with the Tree Retention Plan for future lot owners, unless the prior written consent of the Planning Authority is obtained, must also be required via a Part 5 Agreement pursuant to section 71 of the Land Use Planning and Approvals Act 1993.

The Agreement must specify that copies of the Tree Retention Plan are available from the planning authority upon request.

The Agreement must be registered on the new Titles of Lots 117 at the time of issue.

The Planning Authority will have its solicitors prepare the Agreement for signing by the property owner(s). The Planning Authority will then lodge the Agreement with the Lands Titles Office. The cost of preparing the Agreement and registration with the Land Titles Office is to be met by the applicant prior to drafting of the Agreement.

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 use/development does not result in unnecessary or unacceptable loss of priority biodiversity values.

ENV 11

Prior to the commencement of works, a Vegetation Management Plan for the balance lot must be submitted and approved. The Vegetation Management Plan must:

· nominate a building envelope, of no greater than 10x15m close to the new road, wherein all buildings must be located;

· specify that no native vegetation outside the specified building envelope may be removed or damaged without the prior written consent of the planning authority;

· specify that all works and development must be in accordance with the Tree Retention Plan as required under condition ENV 10; and

· include ongoing weed management requirements for the monitoring and control of declared and environmental weeds on the lot, as recommended by a suitably qualified person.

Compliance with the Vegetation Management Plan unless the prior written consent of the Planning Authority is obtained, must be required via a Part 5 Agreement pursuant to section 71 of the Land Use Planning and Approvals Act

1993.

The Agreement must specify that copies of the Vegetation Management Plan are available from the planning authority upon request.

The Agreement must be registered on the new Title of Lot 17 at the time of issue.

The Planning Authority will have its solicitors prepare the Agreement for signing by the property owner(s). The Planning Authority will then lodge the Agreement with the Lands Titles Office. The cost of preparing the Agreement and registration with the Land Titles Office is to be met by the applicant prior to drafting of the Agreement.

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 use/development does not result in unnecessary or unacceptable loss of priority biodiversity values.

ENV 12

Future development of Lots 117 in general accordance with the WWF Australia publication Minimising the Swift Parrot Collision Threat: Guidelines and recommendations for parrotsafe building design (2008), unless the prior written consent of the Planning Authority is obtained, must be required via a Part 5 Agreement pursuant to section 71 of the Land Use Planning and Approvals Act 1993. The Agreement must specify that copies of the swift parrot guidelines are available from the planning authority upon request.

The Agreement must be registered on the new Titles of Lots 117 at the time of issue.

The Planning Authority will have its solicitors prepare the Agreement for signing by the property owner(s). The Planning Authority will then lodge the Agreement with the Lands Titles Office. The cost of preparing the Agreement and registration with the Land Titles Office is to be met by the applicant prior to drafting of the Agreement.

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 use/development does not result in unnecessary or unacceptable loss of priority biodiversity values.

ENV 2

Prior to the commencement of works, a Demolition and Construction Environmental Management Plan, prepared by a suitably qualified person, must be submitted and approved.

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

1. Details of the proposed demolition and construction works (including bushfire hazard management area establishment) 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 proposed measures to avoid or mitigate all potential environmental impacts during demolition and construction works including, but not limited to:

a) Noise and vibration controls, including for any chainsaw use, earthmoving equipment and house demolition.

b) A soil and water management plan including:

i. measures to minimise erosion and the discharge of contaminated stormwater offsite;

ii. measures to minimise dust emissions from the site;

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

c) Measures for protecting and minimising impacts to trees required to be retained, and the vegetation on Lot 17, and a copy of the approved Tree Protection Plan.

d) Measures to minimise air emissions from the house demolition.

e) Details of weed control to be undertaken, prior to other works, based on the advice of a suitably qualified person.

f) Washdown requirements to prevent weed introductions to the site.\

g) A specification that no soil is to be imported onto the site unless determined as being free of weed propagules when tested in accordance with Australian Standard AS 4419 Soils for landscaping and garden use.

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

Once approved the Demolition and Construction Environmental Management Plan forms part of this permit and must be implemented and complied with.

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

Advice:

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

Reason for condition

To minimise impacts from construction works.

ENV 3

An amended Bushfire Hazard Management Plan (including a Bushfire Report and any necessary Certificate of Compliance) must be submitted and approved prior to the commencement of works.

The amended Bushfire Hazard Management Plan must address access and egress for fire fighting vehicles to the satisfaction of the Director City Life, and address the matters set out under performance criterion E1.6.2 P1 of the Code if acceptable solution E1.6.2 A1 will not be met.

The final, approved Bushfire Hazard Management Plan must be implemented as part of the subdivision works, including creation of hazard management areas, construction of roads and fire trails and installation of fire hydrants.

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 reduce the risk to life and property, and the cost to the community, caused by bushfires.

ENV 4

Following completion of the subdivision works and prior to sealing the Plan of Subdivision, certification from a suitably qualified person must be submitted and approved certifying that the hazard management areas, roads, fire trails and fire hydrants are in accordance with the requirements of the final, approved Bushfire Hazard 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 reduce the risk to life and property, and the cost to the community, caused by bushfires.

ENV 5

Ongoing compliance with the final, approved Bushfire Hazard Management Plan, unless the prior written consent of the Planning Authority is obtained, must be required via a Part 5 Agreement pursuant to section 71 of the Land Use Planning and Approvals Act 1993. The Agreement must specify that copies of the Bushfire Hazard Management Plan (including Bushfire Report and Certificate of Compliance) are available from the planning authority upon request.

The Agreement must be registered on the new Titles of Lots 117 at the time of issue.

The Planning Authority will have its solicitors prepare the Agreement for signing by the property owner(s). The Planning Authority will then lodge the Agreement with the Lands Titles Office. The cost of preparing the Agreement and registration with the Land Titles Office is to be met by the applicant prior to drafting of the Agreement.

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 reduce the risk to life and property, and the cost to the community, caused by bushfires.

OPS 3

A landscaping plan detailing the planting of street trees within the approved road reservation must be submitted and approved by the Council’s Director City Life prior to the sealing of the final plan of subdivision.

The Landscaping Plan must include:

1. Street trees planted within the road reservation on a 1 tree per new lot basis.

2. The species and size at planting of each tree to the satisfaction of the Council’s Director City Life.

3. The location of footpaths, crossovers, street lighting and any proposed or existing underground infrastructure.

All trees and landscaping must be planted and installed in accordance with the approved Landscaping Plan to the satisfaction of the Council's Director City Life prior to commencement of use.

On completion of planting of all street trees on the approved Landscaping Plan, the developer must arrange for an installation inspection by the Council. Once all trees shown on the approved Landscaping Plan have been planted in accordance with the approved plan to the satisfaction of the Council's Director City Life, the Council will issue a statement confirming satisfactory planting of all street trees.

All street trees must then be watered and maintained in a healthy state by the developer for a period of two (2) years from the date of that statement.

Advice:

For further information regarding satisfaction of this condition, and to arrange an Installation Inspection by the Council, please liaise with the Council's Program Leader Arboriculture and Nursery by phoning 6238 2711.

Reason for condition

To ensure that the subdivision provides a high standard of residential amenity and provides road reservations with shade and optimal environmental performance.

OPS 4

Prior to the sealing of the final plan of subdivision, a bond to the amount of $400.00 for every street tree on the Landscaping Plan approved in accordance with condition OPS 3 must be paid to the Council.

The bond will be released following a final inspection by the Council that confirms to the satisfaction of the Council's Director City Life that all street trees have been watered and maintained in a healthy state by the developer.

The final inspection will be conducted by the Council's Director City Life or their delegate, and must be conducted a minimum of two (2) years from the date the Council issued a statement confirming satisfactory planting of all street trees in accordance with condition OPS 3.

Advice:

For further information regarding satisfaction of this condition, and to arrange a Final Inspection by the Council, please liaise with the Council's Program Leader Arboriculture and Nursery by phoning 6238 2486.

Reason for condition

To ensure that the subdivision provides a high standard of residential amenity and provides road reservations with shade and optimal environmental performance.

SURV 1

The applicant must submit to the Council a copy of the surveyor’s survey notes at the time of lodging the final plan.

Reason for condition

To enable the Council to accurately update cadastral layers on the corporate

Geographic Information System.

SURV 3

The final plan and schedule of easements must be submitted and approved under section 89 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

The final plan and schedule of easements must provide easements to the satisfaction of the Council:

1. Over any proposed stormwater or sewer mains passing through the lots on the final plan, in favour of the Hobart City Council and/orTasWater (minimum width of 2m, or 3m if they cover two pipes).

2. Over the proposed right of way through Lot 9 in favour of the Hobart City Council.

3. Over any existing private rights of way in favour of the lots they are required to serve.

4. Over any required road embankment easements or road batter easements in favour of the Hobart City Council.

Reason for condition

To ensure that there are no impediments to the provision of public and private services and access to the lots.

SURV 5

The proposed Road lot is to be transferred in fee simple to the Council at nominal consideration.

Prior to the sealing of the final plan an executed and stamp duty assessed Land Titles Office transfer instrument is to be forwarded to the Council together with a cheque made payable to the Land Titles Office for the associated Land Titles Office registration fees.

Reason for condition

To ensure that the title to the proposed road lot issues in the Council.

ENG 14

Services, roadways and access to each lot must be designed and installed to meet the needs of future development, prior to the sealing of the final plan.

Engineered drawings must be submitted and approved as a Condition Endorsement prior to commencement of work on the site. The engineered drawings must:

1. Be prepared by a suitable qualified person and experienced engineer;

2. Be in accordance with LGAT IPWEA Tasmanian Standard Drawings and Subdivision Guidelines 2013 and include long and cross sections of the road, footpaths, walkways and driveways to each lot and a concept landscaping plan.

3. Be consistent with the final, approved Bushfire Hazard Management Plan provided pursuant to condition ENV 3 of this permit.

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

Reason for condition

To ensure that the subdivision of land provides adequate services to meet the projected needs of future development.

ENG 16

Prior to the sealing of the final plan, private sewer, stormwaterand water services/connections (including surface drainage, soakage trenches or onsite disposal) are to be entirely separate to each lot and contained wholly within the lots served.

Reason for condition

To ensure that each lot is services separately.

ENG 17

Prior to the sealing of the final plan, the developer must verify compliance with condition ENG 16 by supplying the Council with an asinstalled services plan clearly indicating the location and details of all relevant services (entirely contained within their respective lots or appropriate easements). The as installed services plan must be accompanied by certification from a suitably qualified person that all engineering work required by this permit has been completed.

Advice:

Any final plan submitted for sealing will not be processed unless it is accompanied by documentation by a suitably qualified person that clearly certifies that this condition has been satisfied and that all the work required by this condition has been completed. A 'suitably qualified person' must be a professional engineer or professional surveyor or other persons acceptable to Council.

Reason for condition

To ensure that the developer provides the Council with clear written confirmation that the separation of services is complete.

Part 5 1

Prior to sealing of the final plan, the owner of the property must enter into an agreement with the Hobart City Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 to require the following:

a) Building over historical drainage lines. The owner must agree that any future development of the lots affected by the historic drainage lines (ie Lots

b) 15 and Balance) is designed, constructed and certified by a suitably qualified and experienced geotechnical professional and civil engineer, with consideration to the hydrology and extent of fill on the site.

c) Ongoing maintenance of the private cutoff drain on Lot 15.

d) The requirements of the following conditions of this permit: ENV 10, ENV 11, ENV 12 & ENV 5.

All costs for the preparation and registration of the Part 5 Agreement must be met by the owner.

The agreement must be registered on the titles of all lots at the time of issue. The owner must comply with the Part 5 Agreement which will be placed on the

property title.

Note: For further information with respect to the preparation of a Part 5 agreement please contact the Council Development Engineering Unit on 62 382 711.

ENG r7

Residential underground power to each lot and street lighting must be installed prior to the sealing of the final plan.

A street lighting design must be submitted and approved as a Condition Endorsement, prior to sealing of the final plan. The street lighting design must:

1. Be in accordance with AS/NZS 1158 series the requirements of Tas Networks and the City;

2. Include Tas Networks light standard and energyefficient road light fittings; and

3. Be certified by a qualified person.

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

Reason for condition

To ensure that the subdivision of land provides adequate services to meet the projected needs of future development.

OPS 1

The owner must pay a cash contribution to the Council for contribution to public open space, prior to sealing of the final plan.

The open space contribution is equal to 5% of the undeveloped value of all new lots comprised in the final plan, in lieu of the provision of public open space within the subdivision.

Advice:

The value is to be determined by a registered valuer commissioned by the Council at the developer's cost. Please fill in the valuation request form on the City's website to instigate the valuation process; https://www.hobartcity.com.au/Development/Stratasandsubdivisions under Public open space contributions.

Reason for condition

Approval of the subdivision will create further demand upon Hobart's Public Open Space System. The funds obtained will be used for future expenditure on the purchase or improvement of land for public open space in Hobart.

SUB s1

The existing right of carriageway and service easement over the land shown

as Right of Way 3.66 wide on SP 91816 that CT 249543/1 has the benefit of is to be extinguished prior to the sealing of the final plan of survey for the subdivision.

Reason for condition

To ensure that these rights that are being made redundant by the proposed subdivision of CT 249543/1 are not carried forward.

SUB s2

The Right of Drainage (appurtenant to Lots 1,2, 4 and 5 on D 55832 and Lot 1 on SP 91816 over the Drainage Easement marked A B on SP 91816 that CT

249543/1 is burdened by is to be extinguished prior to the sealing of the final plan for the subdivision.

Reason for condition

To ensure that the lots in the subdivision will not be burdened by a drainage easement that will be redundant when the stormwater drainage for the properties at 508, 510, 512A and 516 Nelson Road have been reconnected to the new public stormwater infrastructure for the subdivision.

ADVICE

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

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

CONDITION ENDORSEMENT

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

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

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

WORK WITHIN THE HIGHWAY RESERVATION

Please note development must be in accordance with the Hobart City Council’s

Infrastructure by law. Click here for more information.

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.

WEED CONTROL

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

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.

SUBDIVISION ADVICE

For information regarding standards and guidelines for subdivision works click here. All conditions imposed by this permit are in accordance with the Local Government Building & Miscellaneous Provisions) Act 1993 and the Conveyancing and Law of Property Act 1884.

PRIVATE UNDERGROUND ELECTRICAL CONNECTIONS

The City of Hobart does not allow the installation of private underground electrical services within the road reservation. Click here for more information.

PUBLIC OPEN SPACE CASH IN LIEU VALUATION

Please contact the Council's Development Appraisal Unit on 6238 2715 to instigate the valuation process.

Attachment a: PLN-22-848 - 512 NELSON ROAD MOUNT NELSON TAS 7007 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-22-848 - 512 NELSON ROAD MOUNT NELSON 7007 - CPC Agenda Documents ⇩

Attachment c: PLN-22-848 - 512 NELSON ROAD MOUNT NELSON TAS 7007 - Planning Referral Officer Environmental Development Planner Report ⇩

Attachment d: PLN-22-848 - 512 NELSON ROAD MOUNT NELSON TAS 7007 - Attachment D - Tasmania Fire Service Confirmation ⇩

Attachment e: PLN-22-848 - 512 NELSON ROAD MOUNT NELSON TAS 7007 - Attachment E - Amended Subdivision Design ⇩

Item No. 6.2.2

Agenda (Open Portion)

Planning Committee Meeting

Page 1

17/1/2024

6.2.2 23 Nelson Road, Sandy Bay - Partial Demolition, Alterations, Extensions (Change Rooms and Toilet Facilities) and Associated Works

PLN-23-642 - FILE REF: F24/4899

Address: 23 Nelson Road, Sandy Bay

Proposal: Partial Demolition, Alterations, Extensions (Change Rooms and Toilet Facilities) and Associated Works

Expiry Date: 20 January 2024

Extension of Time: Not applicable

Author: Michael McClenahan

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, Extensions (Change Rooms and Toilet Facilities) & Associated Works, at 23 Nelson Road, Sandy Bay 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 PLN23642 23 NELSON ROAD SANDY BAY TAS 7005 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).

Any private or private shared stormwater system passing through thirdparty land must have sufficient receiving capacity.

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 7

Prior to occupancy or the commencement of the use (whichever occurs first), any new or upgraded stormwater connection required must be constructed and existing redundant connection(s)/outfall be removed, and land reinstated at the Developer’s expense.

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

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

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

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

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

5. connections which are freeflowing gravity driven; and

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

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

Advice:

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

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

Council notes the existing DN100 stormwater pipeline servicing GrandStand area is proposed to be capped and sealed. This pipe is required to be removed and land reinstated. Additional permit may be required to work on parks land.

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:

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 commencement of use, a suitably qualified engineer must certify that the vehicle barriers have been installed in accordance with Condition ENG 2a.

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 3a

The access driveway and parking area must be constructed in accordance with the following documentation which forms part of this permit: Gandy and Roberts consulting engineers drawings 22.0232 C200 revision B dated 22/11/2023, 22.0232 C700 revision B dated 22/11/2023, 22.0232 C900 revision B dated 22/11/2023, 22.0232 C901 revision B dated 22/11/2023, 22.0232 C902 revision B dated 22/11/2023 and 22.0232 C903 revision B dated 22/11/2023.

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 commencement of use.

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 commencement of use, 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:

An example certificate is available on our website.

Reason for condition

To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.

ENG 4

Reason for condition

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

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

CONDITION ENDORSEMENT

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

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.

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.

WEED CONTROL

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.

Attachment a: PLN-23-642 - 23 NELSON ROAD SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-23-642 - 23 NELSON ROAD SANDY BAY TAS 7005 - Planning Committee Agenda Documents ⇩

Attachment c: PLN-23-642 - 23 NELSON ROAD SANDY BAY TAS 7005 -Planning Referral Officer Report ⇩

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