Agenda of Planning Committee Meeting

Item No. 6.1.2

Agenda (Open Portion)

Planning Committee Meeting

Page 1

8/5/2024

6.1.2 Davey Street, Hobart - Alterations (Bus Stop) and Signage

PLN-24-79 - FILE REF: F24/40590

Address: Davey Street, Hobart

Proposal: Alterations (Bus Stop) and Signage

Expiry Date: 2 June 2024

Extension of Time: Not applicable

Author: Helen Ayers

REcommendation

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 Alterations (Bus Stop) and Signage at Davey Street, Hobart 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 PLN2479 DAVEY STREET HOBART TAS 7000 Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s2

The bus shelters are to be relocated within the footpath such that they are a uniform offset from the boundary to 34 Davey Street, and from the archway and door that they surround, prior to the commencement of work.

Revised plans must be submitted and approved as a Condition Endorsement, prior to commencement of works. The revised plans must:

1. Demonstrate a uniform setback of 1.5m from the back of the bus shelters to the boundary with 34 Davey Street; and

2. Demonstrate a uniform minimum 1.2m offset from the outside face of the archway of the door of the adjacent building at 34 Davey Street to satisfy the above requirement

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

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 sw1

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

Advice:

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

Reason for condition

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

ENG 1

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

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

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

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

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

Reason for condition

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

ENV 1

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

Advice:

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

Reason for condition

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

ADVICE

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

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

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

NEW SERVICE CONNECTION

Please contact the Hobart City Council's City Life Division to initiate the application process for your new stormwater connection.

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.

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.

WASTE DISPOSAL

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 regarding waste disposal can also be found on the Council’s website.

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-24-79 - DAVEY STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-24-79 - DAVEY STREET HOBART TAS 7000 - PC Agenda Documents ⇩

Attachment c: PLN-24-79 - DAVEY STREET HOBART TAS 7000 - Proposed Modified Shelter Location Plan ⇩

Item No. 6.2.2

Agenda (Open Portion)

Planning Committee Meeting

Page 1

8/5/2024

6.2.2 210-218 Argyle Street, North Hobart and 208 Argyle Street North Hobart - Partial Demolition, Alterations and Communal Residence

PLN-24-157 - FILE REF: F24/40582

Address: 210-218 Argyle Street, North Hobart and 208 Argyle Street, North Hobart

Proposal: Partial Demolition, Alterations and Communal Residence

Expiry Date: 9 May 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, and Communal Residence, at 208 and 210218 Argyle Street, North Hobart 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 PLN24157 208 and 210218 ARGYLE STREET NORTH HOBART TAS 7000 Final Planning Documents, except where modified below.

Advice:

The approved use is communal housing for social housing, which will be managed as a collective by one entity. Social housing is housing that is provided for individuals that would otherwise face financial hardship if required to secure housing on the open market, or would be unable to secure such housing. The use of this site is not suitable for a strata scheme to create individual lots for each multiple dwelling. Further planning permission would be required to support the creation of a strata scheme of this nature.

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 2024/00368HCC dated 19/04/2024 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 19

Cranes or other temporary structures used in the construction of the approved development must not create an obstruction or hazard for the operation of aircraft.

Advice:

Further advice about whether the development will or will not create an obstruction or hazard can be obtained by contacting the Civil Aviation Safety Authority, the Department of Health and Human Services (rhhfmeadmin@ths.tas.gov.au, (03) 6166 8832) and the helipad/helicopter operator (Rotorlift, chiefpilot@rotorlift.com.au, (03) 6248 4117)

Please be aware of the possibility of downdraft conditions in the Royal Hobart Hospital Heli Airspace / flightpath area from operating helicopters on any crane lifts when any crane operation is taking place and consider this in Job Safety Analysis / Safe Work Method Statements.

Please consider the use of boom illumination or warning lights when operating in the Royal Hobart Hospital Heli Airspace / flightpath area as part of Job Safety Analysis / Safe Work Method Statements.

Reason for condition

To ensure that buildings do not interfere with safe aircraft operations in the vicinity of the Royal Hobart Hospital helipad.

PLN s1

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), 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.

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

Advice:

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

Please review the comments of the UDAP Panel meeting of 24 October 2023 when preparing the palette.

Reason for condition

In the interest of the streetscape and townscape values of the surrounding area

PLN s4

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition), a 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 planting details including species of vegetation, maturity, current height, and estimated height of growth.

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

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

The vegetation which is planted on the site pursuant to the landscaping plan must be maintained and must not be disturbed. If any vegetation dies or is destroyed, replacement vegetation of a similar size must be planted within 30 days of the death or destruction.

Advice:

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

Reason for condition

To ensure that a safe and attractive landscaping treatment enhances the appearance of the site and if relevant provides a visual break from land in a residential zone.

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 (including demolition). 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.

Reason for condition

To ensure that solid waste management from the site meets the Council’s requirements and standards.

ENG sw1

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.

Any existing or new impervious exposed to direct rain after demolition of existing building should continue to drain to existing stormwater connection of the 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) be abandoned and sealed at the owner’s expense.

Should a new connection or any significant increase in flow to a kerb outlet be proposed, prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first) excluding demolition, detailed engineering drawings and calculations of the proposed stormwater drainage 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. flow rate must not exceed the receiving capacity of infrastructure, and details of any measures to ensure this;

4. clearances from any nearby obstacles (e.g. services, crossovers, trees, poles, walls);

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

6. connections which are freeflowing gravity driven; and

7. 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 generally considers kerb discharges <12L/s to be acceptable without demonstration of capacity.

SW 9

Prior to occupancy or the commencement of the approved use (whichever occurs first), stormwater pretreatment for stormwater discharges from the development must be installed.

A stormwater management report and design must be submitted and approved as a Condition Endorsement, prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first) excluding demolition. The stormwater management report and design must be prepared by a suitably qualified engineer and must:

1. include detailed design of the proposed treatment train, including final estimations of contaminant removal; and

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

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

Advice:

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

ENG 13

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 (excluding demolition). 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.

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

Advice:

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

Reason for condition

To ensure that solid waste management from the site meets the Council’s requirements and standards.

ENG tr2

A construction traffic and parking management plan must be implemented prior to the commencement of work on the site (including demolition).

The construction traffic (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) and parking management plan must be submitted and approved as a Condition Endorsement, prior to commencement work (including demolition). The construction traffic and parking management plan must:

1. Be prepared by a suitably qualified person.

2. Develop a communications plan to advise the wider community of the traffic and parking impacts during construction.

3. Include a start date and finish dates of various stages of works.

4. Include times that trucks and other traffic associated with the works will be allowed to operate.

5. Nominate a superintendent, or the like, to be responsible for the implementation of the approved traffic management plan and available as a direct contact to Council and/or members of the community regarding day to day construction traffic operations at the site, including any immediate traffic issues or hazards that may arise.

All work required by this condition must be undertaken in accordance with the approved construction traffic and parking management plan.

Advice:

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

Reason for condition

To ensure the safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.

ENG 2b

Further detailed designs are required for the vehicle barriers proposed.

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

The detailed designs must:

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

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

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

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

Advice:

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

Reason for condition

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

ENG 2c

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

Advice:

An example certificate is available on our website.

Reason for condition

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

ENG 3b

The access driveway, circulation roadway, retaining walls and parking area require further detailed designs.

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

The detailed designs must:

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

2. be in accordance with the Australian Standard AS/NZS 2890.1:2004, if possible;

3. where the design deviates from AS/NZS 2890.1:2004 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use; and

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

The access driveway and parking area must be constructed in accordance with the approved detailed designs prior to first occupation.

Reason for condition

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

ENG 3c

Prior to the first occupation, a suitably qualified engineer must certify that the access driveway and parking area has been constructed in accordance with design drawings approved by Condition ENG 3b.

Advice:

We strongly encourage you to speak to your engineer before works begin so that you can discuss the number and nature of the inspections they will need to do during the works in order to provide this certification. It may be necessary for a surveyor to also be engaged to ensure that the driveway will be constructed as approved.

The reason this condition has been imposed as part of your planning permit is that the driveway is outside the Australian Standard gradients or design parameters. If the driveway is not constructed as it has been approved, then this may mean that the driveway will either be unsafe or will not function properly.

An example certificate is available on our website.

Reason for condition

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

ENG 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 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 9

All car parking spaces for people with disabilities must be delineated to Australian/NZS Standard, Parking facilities Part 6: Offstreet parking for people with disabilities AS/NZS 2890.6: 2009, prior to the commencement of the use.

All parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1 2004, prior to the commencement of use.

Reason for condition

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

ENG 1

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

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

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

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

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

· Commercial UrbanTSDR09v3 – Urban Roads Driveways and TSD R16v3 Type KCR and B1 or Type KCRB and B1, 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 (excluding demolition). 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. Be designed for the expected vehicle loadings. A structural certificate to note that driveway is suitable for heavy vehicle loadings;

4. Show swept path templates in accordance with AS/NZS 2890.1 2004 (B85 or B99 depending on use, design template);

5. If the design deviates from the requirements of the TSD, then demonstrate that a B99 vehicle (AS/NZS 2890.1 2004, section 2.6.2), can access the driveway from the road pavement into the property without scraping the vehicle's underside;

6. Show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1 2004.

7. Show the proposed works to the Telstra pit, or provide Telstra's approval is no work is needed.

8. Be prepared and certified by a suitable qualified person, to satisfy the above requirements.

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

Advice:

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

Please note that your proposal does not include adjustment of footpath levels. Any adjustment to footpath levels necessary to suit the design of proposed floor, parking module or driveway levels will require separate agreement from Council's Program Leader Road Services and may require further planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.

Reason for condition

To ensure that works will comply with the Council’s standard requirements.

ENV 2

Sediment and erosion control measures, sufficient to prevent sediment from leaving the site and in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work (including demolition) and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A SWMP must be submitted and approved as a Condition Endorsement prior to the issue of any approval under the Building Act 2016 (including demolition) or the commencement of work (including demolition), whichever occurs first. 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.

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

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 avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.

ENV s1

All external air handling mechanical plant must be sited and screened so that it does not cause an environmental nuisance within a residential zone.

Reason for condition

To ensure that noise emissions do not cause environmental harm and do not have unreasonable impact on residential amenity on land within a residential zone

ENV s2

The detailed design drawings submitted for building consent must be accompanied by a statement from an acoustic engineer that the building design will ensure the internal noise levels recommended in AS3671:1989 – Road Traffic Noise Intrusion (Building Siting and Construction) and AS2107:2016 – Acoustics (Recommended Design Sound Levels and Reverberation Times for Building Interiors) will be achieved.

Reason for condition

To ensure that buildings for residential or visitor accommodation uses provide reasonable levels of amenity in terms of noise.

SURV 16

The titles comprising the development site (CT 90154/1, CT 202507/1 and CT 49368/1) 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 $337. 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.

SUB s1

A right of way from Argyle Street as proposed by drawing DA 1.51 Argyle Street Entrance Detail Plan is to be created burdening the title resulting from the adhesion of the three existing titles comprising the site, prior to the issue of any certificate of occupancy for the social housing development. The right of way is to be created by transfer pursuant to section 58 of the Land Titles Act 1980 and is to be to the satisfaction of the Manager Surveying Services and is to benefit the properties at 202 to 204 Argyle Street, 206 Argyle Street and 208 Argyle Street.

Reason for condition

To ensure that access is retained to the properties at 202 to 204 Argyle Street, 206 Argyle Street and 208 Argyle Street.

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

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.

OCCUPATION OF THE PUBLIC HIGHWAY

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

You may require an occupational licence for use of Hobart City Council highway reservation (e.g. outdoor seating, etc). Click here for more information.

You may require an occupational license for structures in the Hobart City Council highway reservation, in accordance with conditions to be established by the Council. Click here for more information.

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

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

STRUCTURES CLOSE TO COUNCILS' STORMWATER MAIN

The design of structures (including footings) must provide protection for the Council’s infrastructure. For information regarding appropriate designs please contact the Council's City Life Division. You may need the General Manager's consent under section 13 of the Urban Drainage Ace 2013 and consent under section 73 or 74 of the Building Act 2016.

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.

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.

ACCESS

Designed in accordance with LGAT IPWEA – Tasmanian standard drawings. Click here for more information.

CROSS OVER CONSTRUCTION

The construction of the crossover can be undertaken subject to Council approval of the design. Click here for more information.

STORM WATER / ROADS / ACCESS

Services to be designed and constructed in accordance with the (IPWEA) LGAT – standard drawings. Click here for more information.

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.

TITLE ADHESION

An adhesion of your titles is required because a portion of your development is across one or more title boundaries. Contact your solicitor or a registered land surveyor to initiate the process.

WORKPLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially contaminated 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.

WASTE DISPOSAL

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 regarding waste disposal can also be found on the Council’s website.

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-24-157 - 210-218 ARGYLE STREET NORTH HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-24-157 - 210-218 and 208 ARGYLE STREET NORTH HOBART - Planning Committee Agenda Documents ⇩

Attachment c: PLN-24-157 - 208 and 210-218 ARGYLE STREET NORTH HOBART TAS 7000 - Planning Referral Officer Reports ⇩

Attachment d: PLN-24-157 - 210-218 ARGYLE STREET NORTH HOBART TAS 7000 - Urban Design Advisory Panel Report ⇩

Item No. 6.2.3

Agenda (Open Portion)

Planning Committee Meeting

Page 1

8/5/2024

6.2.3 259 Sandy Bay Road, 267 Sandy Bay Road, Sandy Bay and Adjacent Road Reserve - Change of Use to Hotel Industry (Bottle Shop), Alterations, Carpark and Signage

PLN-23-109 - FILE REF: F24/40480

Address: 259 Sandy Bay Road, 267 Sandy Bay Road, Sandy Bay and Adjacent Road Reserve

Proposal: Change of Use to Hotel Industry (Bottle Shop), Alterations, Carpark and Signage

Expiry Date: 10 May 2024

Extension of Time: Not applicable

Author: Adam Smee

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 change of use to hotel industry (bottle shop), alterations, carpark, and signage at 259 and 267 Sandy Bay 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 PLN23109 259 SANDY BAY ROAD SANDY BAY TAS 7005 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 2023/00858HCC dated 13/7/2023 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 14

Any recommendations made in the Noise Assessment provided by Noise Vibration Consulting (dated 30 November 2022) must be implemented. Specifically, the following measures must be implemented:

1. Commercial vehicle movements (including loading and unloading and garbage removal) to or from the site must not occur outside of the hours between 7am and 7pm.

2. a noise barrier must be installed surrounding any roof top plant. The noise barrier must have the minimum dimensions and construction methods specified in the Noise Assessment. The noise barrier must be maintained throughout the life of the development.

Advice:

It is noted that a noise barrier in accordance with the Noise Assessment is shown on the approved plans.

Reason for the condition

To ensure that noise emissions do not cause environmental harm and do not have unreasonable impact on residential amenity on land within a residential zone.

PLN 17

External lighting on the site must be turned off between 11:00 pm and 6:00 am, except for security lighting.

Security lighting must be baffled to ensure that it does not cause emission of light beyond the site.

Reason for condition

To ensure that external lighting does not have unreasonable impact on residential amenity on land within a residential zone.

PLN 6

The approved hours of operation for the use are:

Daylight Saving periods:

Monday Saturday 9am 9pm,
Sundays 10am to 7pm.

NonDaylight Saving periods:

Monday Wednesday, 9am to 8pm,
Thursday Saturday 9am 9pm,
Sundays 10am to 6pm.

Any change to these operating hours may require further approval. Office and administrative tasks may be carried out on the site outside of these hours.

Reason for condition

To ensure that hours of operation do not have unreasonable impact on residential amenity on land within a residential zone.

PLN s1

Any external colours used upon surfaces on the south and west elevations of the building on the site, including the external surfaces of a noise barrier required for any roof top plant, must have a light reflectance value that is not greater than 40%.

The external colours "Dan Murphy's Pick Up Light Lime" and "Dan Murphy's Pick Up Mid Lime" shown on the south elevation of the building on the signage plans prepared by Red Jelly are not approved. These colours must be replaced with colours that have a light reflectance value that is not greater than 40%.

Reason for condition

To ensure that building design contributes positively to the streetscape, the amenity and safety of the public and adjoining land in a residential zone.

PLN s2

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

· Demonstrate how the areas indicated on the approved site plan (drawing: Proposed Site Plan A101A, prepared by S Group) adjacent to the site's Sandy Bay Road frontage and its southern boundary will be landscaped consistent with the planning scheme objective listed below as the reason for this condition; and

· Include a species list and details regarding ongoing maintenance arrangements.

All work required by this condition must be undertaken in accordance with the approved landscaping 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 large parking and circulation areas are landscaped to:

(a) relieve the visual impact on the streetscape of large expanses of hard surfaces;

(b) screen the boundary of car parking areas to soften the amenity impact on neighbouring properties;

(d) reduce opportunities for crime or antisocial behaviour by maintaining clear sightlines.

PLN s3

The area of the window signs, sign D and sign I, must be reduced to be no greater than 25% of the area of the window upon which they would be placed. Prior to installation of these signs, revised plans must be submitted and approved as a Condition Endorsement that demonstrate likely compliance with this condition.

Advice:

The area of the text and infographic upon signs D and I relating to the "Direct to Boot" service may be maintained i.e. a proportionate reduction in the area of this part of the respective sign is not required provided that a reduction in the overall area is achieved.

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 design and siting of signs complement or enhance the characteristics of the natural and built environment in which they are located.

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.

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.

Any pipes servicing thirdparty land discovered during construction must be reported to Council immediately. Works within 1m of thirdparty private pipes requires separate consent under s73 of the Building Act 2016.

Reason for condition

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

SW 1

Prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first), a pre construction structural condition assessment and visual record (eg video and photos) of the Hobart City Council’s stormwater infrastructure within/adjacent to the proposed development, including the piped rivulet, must be submitted to the City of Hobart as a Condition Endorsement.

The condition assessment must include at least:

1. a site plan clearly showing the location of the investigation, with access points and all segments and nodes shown and labelled, with assets found to have a different alignment from that shown on the City of Hobart’s plans to be marked on the ground and on the plan;

2. a digital recording of a CCTV inspection and written condition assessment report in accordance with WSA 052013 Conduit Inspection Reporting Code of Australia, in a 'Wincan’ compatible format; and

3. photos of any existing drainage structures connected to or modified as part of the development.

The preconstruction condition assessment will be relied upon to establish the extent of any damage caused to Hobart City Council’s stormwater infrastructure during construction. If the owner/developer fails to provide the City of Hobart with an adequate preconstruction condition assessment then any damage to the City of Hobart’s infrastructure identified in the post construction condition assessment will be the responsibility of the owner/developer.

Advice:

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

SW 2

Prior to occupancy or the commencement of the approved use (whichever occurs first), a postconstruction structural condition assessment and visual record (eg video and photos) of the Hobart City Council’s stormwater infrastructure within/adjacent to the proposed development, including the piped rivulet and new public pipework, must be submitted to the City of Hobart.

The condition assessment must include at least:

3. photos of any existing drainage structures connected to or modified as part of the development.

The postconstruction condition assessment will be relied upon to establish the extent of any damage caused to the Hobart City Council’s stormwater infrastructure during construction. If the owner/developer fails to provide the City of Hobart with an adequate preconstruction condition assessment then any damage to the Hobart City Council’s infrastructure identified in the postconstruction CCTV will be deemed to be the responsibility of the owner/developer.

SW 3

The proposed works, including wall, must be designed to ensure the protection and access to the Hobart City Council’s stormwater infrastructure.

Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), a detailed design must be submitted and approved as a Condition Endorsement. The detailed design must be prepared by a suitably qualified expert and must demonstrate how the design will ensure the protection of, and provide access to, the Hobart City Council’s stormwater main.

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

Advice:

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

SW 5

Construction of the development must not adversely impact the Council's stormwater infrastructure, particularly the piped Ashfield Rivulet.

A brief construction management plan (CMP) must be submitted and approved prior to commencement of works. The CMP must be prepared by a suitably qualified and experienced engineer and must:

1. detail the proposed construction methodology and identify all potential risks to the piped Ashfield Rivulet during construction including but not limited to construction loading, traffic loading, excavation works, footing construction, vibrations, undermining, flood, and environmental harm;

2. provide treatment measures to eliminate or otherwise mitigate to as low as reasonably practicable all identified risks;

3. include a monitoring regime.

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

Advice:

Please note Ashfield Rivulet is piped through the site as a grouted brick arch, not DN800 RCP pipe.

SW 6

The new stormwater connections must be designed and constructed prior to occupancy or the commencement of the approved use (whichever occurs first).

Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), detailed engineering drawings must be submitted and approved as a Condition Endorsement. The detailed engineering drawings must be certified by a suitably qualified and experienced civil engineer and must:

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 to suit the final Lot boundaries;

3. show in both plan and longsection the proposed public stormwater branch, including but not limited to, connections, clearances, cover, gradients, sizing, material, pipe class, adequate working platforms around manholes, manhole design, class D trafficable lids, easements and inspection openings;

4. detail connection to the DN800 arch piped Rivulet

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. Under s20 of the Urban Drainage Act 2013, private pipes must be contained within the property boundary.

SW 9

Prior to commencement of the approved use or issue of completions (whichever occurs first), stormwater pretreatment and detention for stormwater discharges from the development must be installed.

A stormwater management report and design must be submitted and approved as a Condition Endorsement, prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first). The stormwater management report and design must be prepared by a suitably qualified engineer and must:

1. include detailed design of the proposed treatment train, including final estimations of contaminant removal;

2. include detailed design and supporting calculations of any stormwater detention required showing:

· detention volume sizing such that there is no increase in flows from the developed site up to 5% AEP event and no worsening of flooding;

· the layout, the inlet and outlet (including long section), outlet size, overflow mechanism and invert level;

· the discharge rates and emptying times; and all assumptions must be clearly stated;

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

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

Advice:

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

SW 11

Measures to minimise adverse impact from flooding on thirdparty property and mitigate flood risk from the critical 1% AEP at 2100 event must be installed prior to commencement of use or issue of any completion (whichever occurs first).

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

include (but are not limited to):

1. certification from an accredited and qualified structural engineer that all proposed structures within the flood zone are designed to resist inundation, erosion, undermining and likely forces from a flood event (including debris loading);

2. details of the works including but not limited to hydraulically permeable vehicle barriers, bollards, fencing, detention cells and inlet pits in general accordance with the submitted modelling and drawings, including any measures to minimise risk of blockage;

3. a supporting maintenance plan that 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 permit must be undertaken and maintained in accordance with the approved detailed drawings and report.

All recommendations of Flussig Engineers' Flood Inundation Report dated

22/2/24, such as vehicle containment and signage, must be undertaken and maintained.

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 16

Prior to this permit being acted upon, the owner(s) of the property must enter into an agreement with the planning authority pursuant to Part 5 of the Land Use Planning and Approvals Act 1993. The agreement must:

1. prohibit any development, works or use of the land which alters the level of the land, reduces inlet capacity, or interferes with the free flow of water within the identified flood extent beyond that approved under this planning permit without the written consent of Council's Manager Waterways;

2. require the owner(s) to adequately maintain the underground detention cells and their inlets;

3. require the owner(s) to comply with the recommendations contained within the Flussig Engineering's Flood Inundation Report dated 22/2/24 and Flood Inundation Risk Management Plan dated 17/3/24; and

4. indemnify Council against any costs or claims arising from the works within the identified 1% AEP flood extent;

The cost of preparing the agreement and registration with the Land Titles

Office is to be met by the applicant. ENG 13

An ongoing waste management plan for all commercial waste and recycling

must be implemented post construction.

A waste management plan must be submitted and approved as a Condition Endorsement, prior to commencement of work on the site. The waste management plan must include provisions for commercial waste services for the handling, storage, transport, and disposal of waste and recycle bins from the development.

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

Advice:

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

Reason for condition

To ensure that solid waste management from the site meets the Council’s requirements and standards.

ENG tr2

A construction traffic and parking management plan must be implemented prior to the commencement of work on the site (including demolition).

1. Be prepared by a suitably qualified person.

2. Develop a communications plan to advise the wider community of the traffic and parking impacts during construction.

3. Include a start date and finish dates of various stages of works.

4. Include times that trucks and other traffic associated with the works will be allowed to operate.

All work required by this condition must be undertaken in accordance with the approved construction traffic and parking management plan.

Advice:

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

Reason for condition

To ensure the safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.

ENG 2a

Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS 1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.

Advice:

The Council does not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3. Slopes greater than 1 in 4 will require a vehicular barrier or wheel stop.

Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the Code are also required in the parking module this area may be considered as a path of access to a building.

Reason for condition

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

ENG 2b

Prior to the issue of any approval under the Building Act 2016 or commencement of works on site (whichever occurs first), a certified vehicle barrier design (including site plan with the proposed location(s) of installation) must be submitted to Council. 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 and AS/NZS 1170.1:2002, if possible; and

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

The vehicle barriers must be installed in accordance with the approved detailed designs prior to commencement of use.

Advice:

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

Reason for condition

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

ENG 2c

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

Advice:

An example certificate is available on our website.

Reason for condition

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

ENG 3b

The access driveway, circulation roadways, ramps, parking module (parking spaces, aisles and manoeuvring area), bicycle parking spaces, motorcycle parking spaces and loading/unloading areas design must be submitted to and approved by Council, prior to the issuing of any approval under the Building Act 2016.

1. Be prepared and certified by a suitably qualified and experienced

1. Engineer;

2. Be in accordance with the Australian Standard AS/NZS2890.1:2004, AS/NZS2890.2:2002 and AS 2890.3:2015, if possible;

3. Where the design deviates from AS/NZS2890.1:2004,

4. AS/NZS2890.2:2002 and AS 2890.3:2015 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use;

5. Show traffic management controls within the access and carpark areas;

6. Show traffic management controls at the Sandy Bay Road access to ensure that vehicles are restricted to an egress with left turn out only (no right turn out);

7. Show signage and pavement marking;

8. Show pedestrian bollards for egress to/from doorways;

9. Show delineation of pedestrian pathways;

10. Show traffic calming devices within the car park circulating area in accordance with AS/NZS2890.1:2004;

11. Show car, bicycle, motorcycle parking spaces and loading/unloading bays; and,

12. Show dimensions, levels, gradients & transitions, and other details as

13. Council deems necessary.

Advice:

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

Reason for condition

To ensure the safety of users of the access 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, circulation roadways, ramps, parking module (parking spaces, aisles and manoeuvring area), bicycles parking spaces, motorcycle parking spaces and loading/unloading areas has been constructed in accordance with design drawings approved by Condition ENG 3b.

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 5

The number of car parking spaces approved on the site is forty six (46), unless approved otherwise by Council. All car parking spaces must be designed in accordance with Australian Standards AS/NZS 2890.1:2004 or a Council approved alternate design, submitted and approved prior to the issuing of any approval under the Building Act 2016.

Reason for condition

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

ENG 6

The minimum number of bicycle parking spaces to be provided on the site is four (4), unless approved otherwise by Council. All bicycle parking spaces must be designed in accordance with Australian Standards AS 2890.3:2015 or a Council approved alternate design, submitted and approved prior to the issuing of any approval under the Building Act 2016.

All bicycle parking spaces must be installed in accordance with Australian

Standard AS/NZS 2890.3:2015, prior to commencement of use.

Reason for condition

To ensure that bicycle parking areas are located, designed and constructed to enable safe, easy and efficient use.

ENG 7

The minimum number of motorcycle parking spaces approved to be used on the site is two (2), unless approved otherwise by Council. All motorcycle parking spaces must be designed in accordance with Australian Standards AS/NZS 2890.1:2004 or a Council approved alternate design, submitted and approved prior to the issuing of any approval under the Building Act 2016.

Reason for condition

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

ENG 8

All loading/unloading areas must be designed in accordance with Australian Standard AS/NZS 2890.2:2002 or a Council approved alternate design, submitted and approved prior to the issuing of any approval under the Building Act 2016.

All loading/unloading areas 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 commencement of use.

Reason for condition

To ensure loading/unloading areas are located, designed and constructed to enable safe, easy and efficient use.

ENG 9

Reason for condition

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

ENG 1

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

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

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

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

Reason for condition

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

ENG r3

Prior to the commencement of use, the proposed driveway crossover on the Sandy Bay Road and Flinders Lane highway reservation must be designed and constructed in general accordance with:

· Urban TSDR09v3 – Urban Roads Driveways and TSD R14v3 Type KC vehicular crossing, without invert lip in the gutter

· Commercial Urban TSDR09v3 – Urban Roads Driveways and TSD R16v3 Type KCR and B1 or Type KCRB and B1;

· 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/footpath within the Sandy Bay Road highway reservation;

2. Detail any services or infrastructure (i.e., light poles, pits, awnings) at or near the proposed driveway crossover;

3. Show detailed design for the pedestrian refuge in Sandy Bay Road highway reservation

4. Be designed for the expected vehicle loadings. A structural certificate to note that driveway is suitable for heavy vehicle loadings;

5. Show swept path templates in accordance with AS/NZS 2890.1 2004 (B85 or B99 depending on use, design template) and AS 2890.2:2002 (for expected delivery vehicles);

6. If the design deviates from the requirements of the TSD, then demonstrate that a B85 vehicle or a B99 depending on use (AS/NZS 2890.1 2004, section 2.6.2 and AS 2890.2:2002 Appendix A), can access the driveway from the road pavement into the property without scraping the vehicle's underside;

7. Show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1 2004;

8. 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.

Reason for condition

To ensure that works will comply with the Council’s standard requirements.

ENG s1

All changes to the existing Council road infrastructure (traffic islands, footpaths, pram ramps, signage, pavement marking, kerb and channel etc) within any highway reservation must be designed generally in accordance with the relevant Australian Standards and Local Government Association Tasmania Standard Drawings or a Council approved alternative, prior to the commencement of use.

Design drawings must be submitted to and approved by Council prior to the issue of any approval under the Building Act 2016 (excluding demolition or excavation). The design drawings must:

1. Show the relocation/removal or alteration to any existing services or infrastructure;

2. Include a detailed signage and pavement marking plan;

3. Include removal of traffic island and reinstatement of pavement details;

4. Show the reinstate of kerb and channel at redundant crossovers and pram ramps;

5. Show available clear width of the footpath (including any user road footpath);

6. Show traffic island, pram ramps and footpath details; and

7. Be prepared and certified by a suitable qualified and experienced Engineer, to satisfy the above requirements.

All work required by this condition must be undertaken in accordance with the approved certified drawings and at the Owner's expense.

Advice:

Local Government Association (LGAT) Tasmanian Standard Drawings (TSD)

can be viewed electronically via the LGAT Website.

The developer must consult with the relevant Authority with regard to relocation/removal or alterations to existing services or infrastructure.

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 Road Services Engineer and may require further planning approvals. It is advised to place a note to this effect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.

Please contact Council City Infrastructure Unit/City Mobility Unit to discuss approval of alternate designs.

You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.

A permit to construct public infrastructure may be required.

The applicant is required to submit detailed design documentation to satisfy this condition via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.

Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

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

ENG s2

All changes to the existing Council road infrastructure (traffic islands, footpaths, pram ramps, signage, pavement marking, kerb and channel etc) within any highway reservation must be constructed in accordance with the approved design drawings required by Condition ENG s1.

Prior to the commencement of use, documentation by a suitably qualified Engineer certifying that all changes to the existing Council road infrastructure has been constructed in accordance with the above drawings must be lodged with Council.

Advice:

Certification may be submitted to Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement).

Reason for condition

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

ENV 2

Sediment and erosion control measures, sufficient to prevent sediment from leaving the site and in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A SWMP 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, whichever occurs first. 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.

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

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 avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.

HER 9

Prior to the commencement of works (including any excavation and ground leveling), all workers and site managers must be briefed on the cultural heritage values of the heritage listed c1840s convict brick wall along the boundary of 267 Sandy Bay Road and 271 Sandy Bay Road, and the need to protect these values during construction of the development, as part of a site induction. This briefing must be undertaken by a suitably qualified heritage practitioner.

Documents containing protocols for the protection of the wall must be submitted to Council and approved, prior to the issue of any approval under the Building Act 2016 or commencement of works (whichever occurs first). Construction documentation must contain protocols and recommendations

as necessary to protect the heritage values of the wall, such as, but not limited to, the provision of temporary fencing, barrier tape, and bollards.

Reason for condition

To ensure that there is no loss or damage to the heritage values or fabric of the site.

SUB s1

The titles comprising the development site (CT 129184/1 and CT 118030/1) must 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).

Advice:

The application for an adhesion order to the Council has a fee (refer Fees and Charges). 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 engrossed receipt of the Land Titles Office lodgement slip for the adhesion order has been received by the Council.

Reason for condition

To ensure compliance with statutory provisions

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.

OCCUPATION OF THE PUBLIC HIGHWAY

You will require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). 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.

BUILDING OVER AN EASEMENT

In order to build over the service easement, you will require the written consent of the person on whose behalf the easement was created, in accordance with section 74 of the Building Act 2016.

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

You may 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).

NEW SERVICE CONNECTION

Please contact the Hobart City Council's City Life Division to initiate the application process for your new stormwater connection.

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.

STRUCTURES CLOSE TO COUNCILS' STORMWATER MAIN

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

REDUNDANT CROSSOVERS

Redundant crossovers are required to be reinstated under the Hobart City Council’s

Infrastructure By law. Click here for more information.

ACCESS

Designed in accordance with LGAT IPWEA – Tasmanian standard drawings. Click here for more information.

CROSS OVER CONSTRUCTION

The construction of the crossover can be undertaken subject to Council approval of the design. Click here for more information.

STORM WATER / ROADS / ACCESS

Services to be designed and constructed in accordance with the (IPWEA) LGAT –

standard drawings. Click here for more information.

TITLE ADHESION

An adhesion of your titles is required because a portion of your development is across one or more title boundaries. Contact your solicitor or a registered land surveyor to initiate the process.

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

LEVEL 1 ACTIVITIES

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

NOISE REGULATIONS

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

WASTE DISPOSAL

Further information regarding waste disposal can also be found on the Council’s website.

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-23-109 - 259 SANDY BAY ROAD SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-23-109 - 259 SANDY BAY ROAD SANDY BAY TAS 7005 - Planning Committee Agenda Documents ⇩

Attachment c: PLN-23-109 - 259 SANDY BAY ROAD SANDY BAY TAS 7005 - Planning Referral Officer - Traffic Engineering Report ⇩

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