Minutes (Open Portion)

Planning Committee Meeting

Page 0

5/6/2024

Minutes (Open Portion)

Planning Committee Meeting

Page 0

5/06/2024

HARVEY

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 22 May 2024, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Dutta

Lord Mayor Reynolds

Deputy Lord Mayor Sherlock

Zucco

Harvey

Kelly

Elliot

Bloomfield

Posselt

Lohberger

Kitsos

6.1.1  65 Bay Road New Town - Demolition and Multiple Dwellings (Three New)

POSSELT

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Senior Statutory Planner of 15 May 2024, be adopted, as amended by the addition of the following condition PLN 15a.

“PLN 15a

A demolition waste management plan must be implemented throughout demolition. The demolition waste management plan must include provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

Advice:

It is recommended that the developer liaise with the Council’s City Resilience unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill. Further information can also be found on the Council’s website.

Reason for condition

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

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee, in accordance with the delegations contained in its terms of reference, approves the application for demolition and multiple dwellings (three new) at 65 Bay Road, New Town, for the reasons outlined in the officer’s report attached to item 6.1.1 of the Open Planning Committee agenda of 5 June 2024 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 PLN­23­734 ­ 65 BAY ROAD NEW TOWN TAS 7008 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2024/00002­HCC dated 3/1/2024 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

The developer must take all reasonable steps to protect the roots of any trees on 61 Bay Rd during construction.

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition), a tree protection plan must be submitted and approved as a Condition Endorsement. The tree protection plan must:

1.     Be prepared by a suitably qualified arboriculturist;

2.     Identify all reasonable steps which can be taken to protect the roots of any trees on 61 Bay Road.

Once approved, the tree protection plan must be implemented and complied with.

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. Trees of particular note in proximity to the rear boundary are the Italian Cypress and Almond.

PLN s2

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition), a landscaping plan for the soft landscaping of the area adjacent to the rear boundary of the site prepared by a suitably qualified landscape expert must be submitted and approved. The landscaping plan must show the area adjacent to the rear boundary of the site suitably landscaped to provide privacy for the users of both 65 and 61 Bay Road.

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

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

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit. Note also the requirements of conditions PLN s2 and SW9.

PLN 15a

A demolition waste management plan must be implemented throughout demolition. The demolition waste management plan must include provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

Advice:

It is recommended that the developer liaise with the Council’s City Resilience unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill. Further information can also be found on the Council’s website.

Reason for condition

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

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 via gravity 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.

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 removed at the owner’s expense.

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

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

2.     The size, levels, slope and design of the connection such that it is appropriate to safely service the entire development via gravity for 20yr ARI events;

3.     Plan and long sections of the proposed connection clearly showing clearances from any nearby services, cover, size, material and delineation of public and private infrastructure (i.e. private boundary transition pit);

4.     Connections which are free flowing gravity driven;

Should the 5min 20yr ARI flows to the connection exceed 12L/s, calculations and full engineering design demonstrating how the flows will be maintained within the capacity of the gutter must be submitted and approved. Should this include private detention, the plans must include long sections and a brief maintenance plan.

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

Advice

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

SW 9

A revised landscaping plan 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 plan must clearly distinguish between surface types and roof overhang and state areas in m².

Should the total area of impervious surfaces (including gravel) being constructed exceed 600m², prior to occupancy or the commencement of the approved use (whichever occurs first), stormwater pre­treatment for stormwater discharges from the development must be installed.

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

1.     Include detailed design of the proposed treatment train, including 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. Note also the requirement of condition PLN s2, for a landscaping plan for the area adjacent to the site's rear boundary.

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 3b

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

1.     Vehicular passing bay;

2.     Access, circulation roadway, and parking areas.

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 3a.

Advice:

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

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

An example certificate is available on our website.

Reason for condition

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

ENG 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 or 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 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 site related 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 Bay Road highway reservation must be designed and constructed in general accordance with:

·      Urban – TSD-R09-v3 – Urban Roads Driveways and TSD R14-v3 Type KC vehicular crossing;

·      Footpath – Urban Roads Footpaths TSD-R11-v3;

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

·        Show the cross and long section of the driveway crossover within the highway reservation and onto the property;

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

·        Show swept path templates in accordance with AS/NZS2890.1 2004 (B85 or B99 depending on use, design template);

·        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), can access the driveway from the road pavement into the property without scraping the vehicle’s underside;

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

·        Be prepared and certified by a suitably 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 effect 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 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.

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

You may require a 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 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.

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.

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.

6.1.2  31 Parliament Street, 1 Crisp Street, Adjacent Road Reserve and 29 Parliament Street, Sandy Bay

HARVEY

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Senior Statutory Planner of 16 May 2024, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee, in accordance with the delegations contained in its terms of reference, approves the application for partial demolition and two multiple dwellings (one existing, one new) and associated works at 31 Parliament Street, 29 Parliament Street, 1 Crisp Street and Road Reservation, Sandy Bay for the reasons outlined in the officer’s report attached to item 6.1.2 of the Open Planning Committee agenda of 5 June 2024 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 PLN-23-323 - 31 PARLIAMENT STREET SANDY BAY TAS 7005 - Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2023/00760-HCC dated 22/01/2024 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s2

A waste storage area must be provided for the existing dwelling and for the proposed dwelling.

The waste storage areas must be:

1.     capable of storing the number of buns required for each dwelling.

2.     screened from the frontage to Parliament Street.

Reason for condition

To provide for the storage of waste and recycling bins for multiple dwellings.

ENG sw6

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 with sufficient receiving capacity prior to first occupation or commencement of use (whichever occurs first). All costs associated with works required by this condition are to be met by the owner.

Detailed engineering drawings prepared and certified by a suitable qualified and experienced civil engineer must be submitted and approved as a Condition Endorsement, prior to commencement of work or issue of consent under the Building Act 2016 (whichever occurs first). The drawings must include but not be limited to:

1.     all easements required to cover all private pipelines outside the Lot serviced to a legal point of discharge.

2.     Show private plumbing entirely separate to each lot.

3.     All existing private drainage servicing 31A Parliament Street via third-party land must have adequate capacity for any additional flows directed to it.

4.     Detailed design of the proposed pump system and supporting calculations demonstrating the system can drain all 20yr ARI rainfall events, and is in general accordance with Australian Standard AS/NZS 3500.3:2015 Part 3: Stormwater Drainage Systems.

5.     All stormwater which is practicable to drain to Council infrastructure via gravity (including suspended or charged systems) must do so.

6.     Any pumped or charged flows must be converted into free-flowing gravity within a suitably sized private transition pit inside the property.

7.     Pumped system must be designed and located to minimise consequence of failure and nuisance (e.g., obvious failure, adequate setbacks to allow dispersal of surcharge prior to third-party land, protection of rising main, separate power circuit and noise minimisation).

8.     A brief list of maintenance / inspection actions.

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

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.

Separate consent for the new private stormwater infrastructure servicing 31B within31A Parliament Street is required under s20 of the Urban Drainage Act 2013.

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 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.

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 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 (e.g., services, crossovers, trees, poles, walls);

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

5.     connections which are free-flowing 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:

The proposed discharge to Council's gutter within the driveway crossover is not accepted. A revised design is required.

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.

ENG 3a

The access driveway and parking area must be constructed in accordance with the following documentation which forms part of this permit: Design East - Drawing reference 5605-A03-A07 - revision E 21^st - November 2023 (received by the Council on 29th February 2024).

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

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

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

The works required by this condition must be completed prior to first occupation.

Reason for condition

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

ENG 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 5

The number of car parking spaces approved to be used on the site is four (4).

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 commencement of use.

Reason for condition

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

ENG 1

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

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

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

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

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

Reason for condition

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

ENG r3

Prior to the commencement of use, the proposed driveway crossover on the Parliament Street highway reservation must be designed and constructed in general accordance with:

·          Urban - TSD-R09-v3 - Urban Roads Driveways and TSD R14-v3 Type

KC vehicular crossing;

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

1.     Show the cross and long section of the driveway crossover within the highway reservation and onto the property;

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

3.     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), can access the driveway from the road pavement into the property without scraping the vehicle's underside;

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

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

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

Note:

Minimum width for asphalt to be excavated and reinstated is 300mm.

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 effect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.

Reason for condition

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

ENV 1

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

Advice:

For further guidance in preparing a Soil and Water Management Plan - in accordance with Fact sheet 3 Derwent Estuary Program click here.

Reason for condition

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

HER 17b

The use of the colour and material Colorbond 'Monument' on the roof of the new dwelling is not approved. An alternative colour must be selected and used that is equivalent to the BASIX classification for Colorbond in the light to medium solar absorptance range and is more sympathetic to and reflect the exterior colours within the local streetscape and precinct.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved which shows an alternative roof cladding in accordance with the above requirements.

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.

The applicant is to note that the solar absorptance of the colour 'Monument' is classified as a 'dark' colour under the BASIX. The following link identifies colours that offer a better thermal efficiency and colours within the light to medium range.

http://www.steel.com.au/products/coatedsteel/colorbondsteel/basixandbcaclassification

Reason for condition

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

HER s1

A revised fenestration plan for the west facing return elevation of the new dwelling showing traditionally proportioned windows that do not provide direct views to the private open space of the cottage must be submitted and approved as a Condition Endorsement prior to the issue of any approval under the Building Act 2016.

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.

Reason for condition

To ensure the size, design and siting of windows within the elevation forming the context of the cottage complements and does not impact on the cultural heritage significance of this place listed in the Historic Heritage Code, and to provide a reasonable opportunity for privacy for the dwelling at 31 Parliament Street.

HER s2

The street boundary to the parking and driveway must be amended to re-enforce the enclosure of the street boundary and the integrity of the cottage and its parking prior to the commencement of work.

Plans must be submitted and approved as a Condition Endorsement, prior to the commencement of works. In accordance with the above requirement, the plans must:

1.     Show the fence separating the cottage from its designated parking spaces removed and these spaces reincorporated into a single rear yard of the cottage.

2.     A continuous street boundary treatment enclosing both the rear yard of the cottage and the new driveway of the approved new dwelling in the form of fencing and vehicular gates to a design and height to the satisfaction of the Council.

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

Reason for condition

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

Part 5 1

The owner(s) of the property must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 with respect to creation of the right of carriageway, services easement and drainage easement benefitting 31B Parliament Street (CT 214433/1) and burdening 31A Parliament Street (CT 248224/1) to be created by Transfer in accordance with section 58 of the Land Titles Act 1980 prior to commencement of use or occupancy (whichever occurs first). The owners must agree to create all easements required prior to transfer of ownership of either Lot.

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

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.

Reason for condition

To ensure that the proposed development at 31B Parliament Street can be legally serviced and accessed.

SUB s1

A right of carriageway, services easement and drainage easement benefitting 31B Parliament Street (CT 214433/1) and burdening 31A Parliament Street (CT 248224/1) is to be created by Transfer in accordance with section 58 of the Land Titles Act 1980, prior to the issue of an Occupancy Permit for the proposed development on 31B Parliament Street.

Reason for condition

To ensure that 31B Parliament Street has legal access over the proposed driveway through 31A Parliament Street and easements are created for the private services and drainage for 31B Parliament Street that will be located on 31A Parliament Street.

Advice:

The two titles involved must be in different ownership to enable the easements to be created.

SUB s2

A Pipeline and Services easement in favour of TasWater over the proposed sewer main extension through 29 Parliament Street is to be created by Transfer in accordance with section 58 of the Land Titles Act 1980 prior to the issue of an Occupancy Permit for the proposed development on 31B Parliament Street.

Reason for condition

To ensure that an easement in favour of TasWater is created over the sewer main extension through 29 Parliament 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, by-laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

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

CONDITION ENDORSEMENT

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

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

6.1.3  42 Newdegate Street, North Hobart - Partial Change of Use to Business and Professional Services

SHERLOCK

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 Change of Use to Business and Professional Services at 42 Newdegate Street, North Hobart because it complies with the Use Table at clause 11.2 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 PLN­24­58 ­ 42 NEWDEGATE STREET NORTH HOBART TAS 7000 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 17

Any outdoor and / or security lighting must operate in accordance with Australian Standard AS 4282 ­ Control of the obtrusive effects of outdoor lighting.

Reason for condition

To ensure that the non­residential use does not unreasonably impact residential amenity.

ADVICE

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

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

BUILDING PERMIT

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

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

NOISE REGULATIONS

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

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee, in accordance with the delegations contained in its terms of reference, approves the application for Partial Change of Use to Business and Professional Services at 42 Newdegate Street, North Hobart 7000 because it complies with the Use Table at clause 11.2 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 PLN­24­58 ­ 42 Newdegate Street North Hobart TAS 7000 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 17

Any outdoor and / or security lighting must operate in accordance with Australian Standard AS 4282 ­ Control of the obtrusive effects of outdoor lighting.

Reason for condition

To ensure that the non­residential use does not unreasonably impact residential amenity.

ADVICE

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

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

BUILDING PERMIT

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

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

NOISE REGULATIONS

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

6.1.4  15 Gourlay Street, 19 Landsdowne Crescent, West Hobart - Alterations

HARVEY

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Senior Statutory Planner of 27 May 2024, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee, in accordance with the delegations contained in its terms of reference, approves the application for alterations at 15 Gourlay Street and 19 Lansdowne Crescent West Hobart TAS 7000 for the reasons outlined in the officer’s report attached to item 6.1.4 of the Open Planning Committee agenda of 5 June 2024 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 PLN­24­172 ­ 15 GOURLAY STREET AND 19 LANSDOWNE CRESCENT WEST HOBART TAS 7000 ­ 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).

All private stormwater infrastructure including ag drain for retaining wall must be contained within the property boundary.

Advice:

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

Council notes the site has been modelled as subject to shallow floodwaters, and recommends the structure's footings are designed accordingly.

Reason for condition

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

ENG 1

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

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

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

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

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

Reason for condition

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

ENV 1

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

Advice:

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

Reason for condition

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

ADVICE

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

PLANNING

The applicant is advised that the existing Licence granted on 25 January 2014 must be updated to include the plans showing the proposed verandah that extends into Council's CT 137671/1. This permit is to be read as statutory compliance with Clause 1(h) of the licence agreement.

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.

7.1     Delegated Decision Report (Planning)

SHERLOCK

That the recommendation contained in the memorandum of the Acting Director City Life of 28 May 2024, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:

1.     That the information contained in the ‘Delegated Decision Report (Planning)’ be received and noted.

7.2     Planning - Advertised Applications Report

LOHBERGER

That the recommendation contained in the report of the Acting Director City Life of 29 May 2024, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:

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

That the information be received and noted.

MOTION CARRIED

VOTING RECORD