Agenda of Planning Authority Committee Meeting

Working together to make Hobart a better place for the community.

THE VALUES

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Focus and Direction	We have clear goals and plans to achieve sustainable social, environmental and economic outcomes for the Hobart community.
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Agenda (Open Portion)

Planning Authority Committee Meeting

Page 0

9/10/2024

Planning Authority Committee Meeting (Open Portion) held Wednesday, 9 October 2024 at 4.00 pm in the Council Chamber, Town Hall.

The title Chief Executive Officer is a term of reference for the General Manager as appointed by Council pursuant s.61 of the Local Government Act 1993 (Tas).

APPOINTED MEMBERS

Councillor M Dutta (Chairperson)

Lord Mayor Councillor A M Reynolds

Deputy Lord Mayor Cr Dr Sherlock

Councillor W F Harvey

Councillor R Posselt

Councillor B Lohberger

Councillor G Kitsos

NOMINEE MEMBERS

Alderman M Zucco

Councillor J Kelly

Councillor L Elliot

Alderman L Bloomfield

Councillor W Coats

Apologies:

Leave of Absence: Nil.

1. Acknowledgement of Country

2. Confirmation of Minutes

The minutes of the Open Portion of the Planning Authority Committee meeting held on Wednesday, 25 September 2024, are submitted for confirming as an accurate record.

3. Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

Recommendation

That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer.

4. Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

Members of the Committee are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.

5. Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

In the event that the Committee transfer an item to the closed portion, the reasons for doing so should be stated.

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

6. Planning Authority Items - Consideration of Items With Deputations

In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer is to arrange the agenda so that the planning authority items are sequential.

In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.

Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.

RECOMMENDATION

That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.

7. Committee Acting as Planning Authority

In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.

In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.

The Committee is reminded that in order to comply with Regulation 25(2), the Chief Executive Officer is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.

Item No. 7.1.1

Agenda (Open Portion)

Planning Authority Committee Meeting

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9/10/2024

7.1 Applications under the Hobart Interim Planning Scheme 2015

7.1.1 1 Marieville Esplanade, Sandy Bay - Partial Demolition, Floating Pontoon, Alterations to Boat Ramp and Associated Works

PLN-2024-0325 - FILE REF: F24/88334

Address: 1 Marieville Esplanade, Sandy Bay

Proposal: Partial Demolition, Floating Pontoon, Alterations to Boat Ramp and Associated Works

Expiry Date: 15 October 2024

Extension of Time: Not applicable

Author: Dan Burke

REcommendation

Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for Partial Demolition, Floating Pontoon, Alterations to Boat Ramp and Associated Works at 1 Marieville Esplanade, Sandy Bay and the adjacent area of the River Derwent for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN - General

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-24-325 - 5 MARIEVILLE ESPLANADE SANDY BAY TAS 7005 - Final Planning Documents except where modified below.

ENV 2 - Environmental Planning - Soil Water Management Plan

Prior to the issue of any approval under the Building Act 2016 or the commencement of work (whichever occurs first), a soil and water management plan (SWMP) must be submitted and approved as a condition endorsement. The SWMP must be prepared by a suitably qualified expert and must:

1. specify sediment and erosion control measures sufficient to prevent sediment or other pollutants from leaving the site, during both the construction phase and post-construction; and

2. be consistent with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program).

The approved control measures in the SWMP must be installed prior to any disturbance of any soil or vegetation, be regularly inspected and maintained during the construction/demolition period to prevent soil and other materials entering the local stormwater system, waterways, roadways or adjoining properties. The approved control measures must remain in place until such time as all disturbed areas have been stabilised using vegetation and/or restored or sealed to the satisfaction of the City of Hobart.

All works must be undertaken in accordance with the approved SWMP.

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 via the PlanBuild online portal

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.

REDUNDANT CROSSOVERS

Redundant crossovers are required to be reinstated under the Hobart City Council’s Infrastructure By law. Click here for more information.

WORK PLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to 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-2024-0325 - 1 MARIEVILLE ESP SANDY BAY TAS 7005 - Committee Report ⇩

Attachment b: PLN-24-325 - 1 MARIEVILLE ESPLANADE SANDY BAY TAS 7005 - Attachment B – CPC Agenda Documents ⇩

Item No. 8.1

Agenda (Open Portion)

Planning Authority Committee Meeting

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9/10/2024

Memorandum: Planning Authority Committee

Delegated Decision Report (Planning)

Attached is the delegated planning decisions report for the period 17 September 2024 to 1 October 2024.

REcommendation

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

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

Neil Noye

Director City Futures

Date: 4 October 2024

File Reference: F24/88014

Attachment a: Delegated Decisions Report (Planning) ⇩

Item No. 8.2

Agenda (Open Portion)

Planning Authority Committee Meeting

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9/10/2024

Memorandum: Planning Authority Committee

Planning - Advertised Applications Report

Attached is the advertised applications list for the period 17 September 2024 to 1 October 2024.

REcommendation

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

Neil Noye

Director City Futures

Date: 4 October 2024

File Reference: F24/88043

Attachment a: Planning - Advertised Applications Report ⇩

Item No. 9.1

Agenda (Open Portion)

Planning Authority Committee Meeting

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9/10/2024

9. Responses to Questions Without Notice

Regulation 29(3) Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10

The Chief Executive Officer reports:-

“In accordance with the procedures approved in respect to Questions Without Notice, the following responses to questions taken on notice are provided to the Committee for information.

The Committee is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairman is not to allow discussion or debate on either the question or the response.”

9.1 Draft Coastal Policy

File Ref: F24/88426; 13-1-10

Memorandum of the Director City Futures of 4 October 2024.

That the information be received and noted.

Delegation: Committee

Item No. 9.1

Agenda (Open Portion)

Planning Authority Committee Meeting

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9/10/2024

memorandum: Lord Mayor
Deputy lord Mayor
Elected members

Draft Coastal Policy

Meeting: Planning Authority Committee

Meeting date: 25 September 2024

Raised by: Councillor Harvey

Question:

Is the Council having any input into the draft Coastal Policy?

Response:

A submission is being prepared and will be circulated to Elected Members once completed.

Neil Noye

Director City Futures

Date: 4 October 2024

File Reference: F24/88426; 13-1-10

Agenda (Open Portion)

Planning Authority Committee Meeting

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9/10/2024

9. Questions Without Notice

Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

(1) A councillor at a meeting may ask a question without notice –

(a) of the chairperson; or

(b) through the chairperson, of –

(i) another councillor; or

(ii) the general manager.

(2) In putting a question without notice at a meeting, a councillor must not –

(a) offer an argument or opinion; or

(b) draw any inferences or make any imputations – except so far as may be necessary to explain the question.

(3) The chairperson of a meeting must not permit any debate of a question

without notice or its answer.

(4) The chairperson, councillor or general manager who is asked a question

without notice at a meeting may decline to answer the question.

(5) The chairperson of a meeting may refuse to accept a question without

notice if it does not relate to the activities of the council.

(6) Questions without notice, and any answers to those questions, are not

required to be recorded in the minutes of the meeting.

(7) The chairperson of a meeting may require a councillor to put a question

without notice in writing.

Agenda (Open Portion)

Planning Authority Committee Meeting

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9/10/2024

10. Closed Portion Of The Meeting

That the Committee resolve by majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:

· Minutes of a Closed Meeting

· Possible legal action that may involve the Council

· Closed Questions Without Notice

The following items were discussed: -

Item No. 1 Minutes of the last meeting of the Closed Portion of the Committee Meeting

Item No. 2 Consideration of supplementary items to the agenda

Item No. 3 Indications of pecuniary and conflicts of interest

Item No. 4 Planning Authority Items – Consideration of Items with Deputations

Item No. 5 Responses to Questions Without Notice

Item No. 5.1 Macquarie Point Stadium - Conditions Approval - Time to Draft

LG(MP)R 15(4)(b)

Item No. 6 Questions Without Notice