Minutes (Open Portion)

Planning Authority Committee Meeting

Page 1

9/4/2025

Minutes (Open Portion)

Planning Authority Committee Meeting

Page 1

9/04/2025

Harvey

That the recommendation contained within the officer report, marked as item  of the Open Planning Authority Committee Agenda of 9 April 2025, be adopted.

The minutes of the Open Portion of the Planning Authority Committee meeting held on Wednesday, 26 March 2025, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

7.1.1   9 Queen Street, Sandy Bay - Partial Demolition, Alterations, Extension and Outbuilding

Posselt

That the recommendation contained within the officer report, marked as item 7.1.1 of the Open Planning Authority Committee Agenda of 9 April 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

Recommendations

Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for Partial Demolition, Alterations, Extension and Outbuilding at 9 QUEEN ST SANDY BAY TAS 7005 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-HOB-2024-0267 - Final Planning Documents except where modified below.

PLN 1 - Use of Building

The building on the site is not approved for multiple dwellings or a communal residence. The building must not be used for multiple dwellings or a communal residence without further approval.

HER 12 - Heritage - Colour and Finish

The palette of exterior colours, materials and finishes must reflect the palette of colours, materials and finishes within the local streetscape and precinct, which is not white or similar to the neighbouring property. A separate materials board must be submitted.

Prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first), a materials board must be submitted and approved as a condition endorsement showing exterior colours, materials, and finishes in accordance with the above requirement.

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

HER 16 - Heritage - Fence

The front fence along the Queen St boundary must be no more than 1.4m in height above natural ground level and be no less than 30% transparency.

Prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first), revised plans must be submitted and approved as a condition endorsement showing the front fence in accordance with the above requirement.

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

ENG 1 - Development Engineering - Protection of Council Assets

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.

ENG s1 - Development Engineering - S1

The front fencing at the Queen Street frontage must allow adequate sight distance between vehicles, cyclists and pedestrians.

Prior to the issue of any approval under the Building Act 2016, detailed/amended plans prepared by a suitably qualified expert must be submitted and approved. The detailed/amended plans must demonstrate how the access provides adequate sight distance by showing the access driveway clear of obstructions to visibility for a width of 4 metres minimum at the property boundary tapering down 2.5 metres into the property to the width of the driveway (3 metres minimum) for the western side of the driveway access only.

All work must be constructed in accordance with the approved plans.

ENG sw1 - Stormwater

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 with sufficient receiving capacity 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.

ENV 1 - Environmental Planning - Soil Water Management Plan

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

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 APPROVAL

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 APPROVAL

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.

BEFORE YOU DIG

Click here for before you dig 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 road closure permit for construction. Click here for more information.

SPAN – No Conditions Advice

TasWater has assessed the application and has determined that the proposed development does not require a submission from TasWater, as the proposed development will not;

1.   Increase the demand for water supplied by TasWater; or

2.   Increase the amount of sewage or toxins that is to be removed by, or discharged into, TasWater sewerage infrastructure; or

3.   Damage or interfere with TasWater works; or

4.   Adversely affect TasWater operations.

This document is not to be considered a Submission to the Planning Authority Notice, pursuant to the Water and Sewerage Industry Act 2008 (TAS) Section 56P(1), and is for information only.

Attachments

a    Deputation - Helen Dow   

8.1      Macquarie Point Stadium - Project of State Significance

Harvey

That the recommendation contained within the officer report, marked as item 8.1 of the Open Planning Authority Committee Agenda of 9 April 2025, be adopted as amended by amending the word ‘Council’ in Clause 2 be replaced with ‘Committee, through the Lord Mayor, the Chief Executive Officer and Council Officers’, and the inclusion of the following additional clauses:

3.    “The City of Hobart Planning Authority Committee expresses its disappointment and lack of confidence in the Tasmanian State Government for its mishandling of the Macquarie Point Stadium proposal, and its disregard for the Tasmanian Planning System and due process.

4.    The Committee calls on the State Government to:

a)    Take account of the findings of the independent review of the Macquarie Point Stadium by Nicholas Gruen, dated 1 January 2025.

b)    Properly respond to the Tasmanian Planning Commission’s Draft Integrated Assessment Report – Macquarie Point Multipurpose Stadium Project of State Significance, rather than attempting to circumvent the Project of State Significance (POSS) process.

c)    Heed the critical comments from the Planning Institute of Australia (PIA) Tasmania, which call for integrity in the planning process.

d)    Respect community expectations for transparency in development assessments, including the right for public representations to be heard—not ignored through a process that appears to rubber-stamp a predetermined outcome.

5.    The Committee notes that the City of Hobart has invested significant time and resources into reviewing the stadium project and holds serious concerns about the shortcomings of the proposal along with the process, as detailed in the Planning Committee report of 9 April 2025.

6.    The Committee urges the State Government not to abandon a transparent and objective planning process, as doing so will undermine public confidence in both the Government and the integrity of the planning system.

7.    The Lord Mayor seek a meeting with the CEO of the AFL to meet a delegation of Hobart representatives and stakeholders to outline some of the issues that the City and the POSS process has identified in the project that Tasmania is contractually obliged to deliver for the AFL

8.    The Lord Mayor write to the incoming Prime Minister and Federal Infrastructure Minister to:-

a)    Seek confirmation that they are waiting for outstanding advice from the state government on how they worked with the Council, RSL and the Tasmanian Aboriginal community on a precinct plan that satisfies the needs of these stakeholders (Macquarie Point Urban Redevelopment Federation Funding Agreement). And that this continues to be a requirement for the federal government’s funding commitment

b)    Request the federal government take steps to ensure that their funding is invested in the precinct around / supporting the stadium (as outlined in the Agreement) to deliver urban renewal benefits, including the pedestrian, cycling and public transport infrastructure necessary for smooth access into and out of the stadium

c)    Outline the findings of the TPC’s Draft Assessment report about the compatibility of the stadium with a multi-use precinct.

9. The Committee calls on the State Opposition and its leader, Dean Winter, to champion transparent, democratic planning processes and hold the Government to their commitment to assess the Macquarie Point Stadium under the promised Project of State Significance legislation.
10. Officers prepare a report for the next council meeting outlining the options, process and timeframes for council to trigger an elector poll on the stadium in the event that the Government abandons the Project of State significance framework.

Procedural Motion

Zucco

That the matter be deferred to the full Council.

MOTION LOST

VOTING RECORD

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That:

1.      The information contained in the memorandum marked as item 8 in the Open Planning Authority Committee of 9 April 2025 be received and noted.

2.      The Committee, through the Lord Mayor, the Chief Executive Officer and Council officers engage with State Parliamentarians outlining the implications as outlined in section 3 of the memorandum marked as item 8 in the Open Planning Authority Committee of 9 April 2025, of abandoning the Project of State Significance process in favour of development-specific legislation for the Macquarie Point Stadium.

3.         The City of Hobart Planning Authority Committee expresses its disappointment and lack of confidence in the Tasmanian State Government for its mishandling of the Macquarie Point Stadium proposal, and its disregard for the Tasmanian Planning System and due process.

4.         The Committee calls on the State Government to:

a)    Take account of the findings of the independent review of the Macquarie Point Stadium by Nicholas Gruen, dated 1 January 2025.

b)    Properly respond to the Tasmanian Planning Commission’s Draft Integrated Assessment Report – Macquarie Point Multipurpose Stadium Project of State Significance, rather than attempting to circumvent the Project of State Significance (POSS) process.

c)    Heed the critical comments from the Planning Institute of Australia (PIA) Tasmania, which call for integrity in the planning process.

d)    Respect community expectations for transparency in development assessments, including the right for public representations to be heard—not ignored through a process that appears to rubber-stamp a predetermined outcome.

5.         The Committee notes that the City of Hobart has invested significant time and resources into reviewing the stadium project and holds serious concerns about the shortcomings of the proposal along with the process, as detailed in the Planning Committee report of 9 April 2025.

6.         The Committee urges the State Government not to abandon a transparent and objective planning process, as doing so will undermine public confidence in both the Government and the integrity of the planning system.

7.         The Lord Mayor seek a meeting with the CEO of the AFL to meet a delegation of Hobart representatives and stakeholders to outline some of the issues that the City and the POSS process has identified in the project that Tasmania is contractually obliged to deliver for the AFL.

8.         The Lord Mayor write to the incoming Prime Minister and Federal Infrastructure Minister to:-

a)    Seek confirmation that they are waiting for outstanding advice from the State Government on how they worked with the Council, RSL and the Tasmanian Aboriginal community on a precinct plan that satisfies the needs of these stakeholders (Macquarie Point Urban Redevelopment Federation Funding Agreement). And that this continues to be a requirement for the federal government’s funding commitment.

b)    Request the Federal Government take steps to ensure that their funding is invested in the precinct around / supporting the stadium (as outlined in the Agreement) to deliver urban renewal benefits, including the pedestrian, cycling and public transport infrastructure necessary for smooth access into and out of the stadium.

c)    Outline the findings of the Tasmanian Planning Commission’s Draft Assessment report about the compatibility of the stadium with a multi-use precinct.

9.         The Committee calls on the State Opposition and its leader, Dean Winter, to champion transparent, democratic planning processes and hold the Government to their commitment to assess the Macquarie Point Stadium under the promised Project of State Significance legislation.

10.      Officers prepare a report for the next Council meeting outlining the options, process and timeframes for Council to trigger an elector poll on the stadium in the event that the Government abandons the Project of State Significance framework.

8.2      Delegated Decisions Report (Planning)

Sherlock

That the recommendation contained within the officer report, marked as item 8.2 of the Open Planning Authority Committee Agenda of 9 April 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That the information contained in the Delegated Decisions Report (Planning) be received and noted.

8.3      Planning Advertising Report

Lohberger

That the recommendation contained within the officer report, marked as item 8.3 of the Open Planning Authority Committee Agenda of 9 April 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That the information contained in the Planning Advertising Report be received and noted.

Posselt

That the recommendation contained within the officer report, marked as item  of the Open Planning Authority Committee Agenda of 9 April 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That the following responses to questions without notice be received and noted:

Memorandum of the Deputy Director Strategic and Regulatory Services 22 January 2025.

Memorandum of the Deputy Director Strategic and Regulatory Services 19 February 2025.

Memorandum of the Deputy Director Strategic and Regulatory Services 22 January 2025.

Memorandum of the Deputy Director Community and Economic Development 22 January 2025.

Memorandum of the Director Infrastructure and Assets 26 March 2025.

Memorandum of the Deputy Director Community and Economic Development 26 March 2025.

Memorandum of the Manager City Transport of 26 March 2025.

10.1    Lord Mayor Councillor Reynolds - Improved Public Signage

Question:    Around 2016 or 2017, Council introduced a reform to improve public signage for advertising more significant public interest development applications. Can we get some information about the current procedures and practise for implementation of this Council decision? In terms of when we and don’t use it

Answer:       The Deputy Director took the question on notice.

10.2    Lord Mayor Councillor Reynolds - DA Notification Limits

Question:    Is there anything stopping Council from informing a larger number of neighbours about a DA than is required by the Tasmanian Planning Scheme? Can we go beyond the adjoining neighbours? Can we and do we?

Answer:       The requirements for advertising are set out in the Regulations which are made under Land Use and Planning Authority Act 1993. The short answer is no we do not go beyond but there is nothing stopping us from going out further and broader than beyond the statutory process. There would, however, be concern around blurring the lines between what is required and the community’s expectations.

10.3    Lord Mayor Councillor Reynolds - Approved Major Projects

Question:    Can Committee get a list of approved major projects, commercial and residential, over $5 million that still have live permits in central Hobart to get an understanding of the ‘development pipeline’ that we hope to see built in Hobart.

Answer:       The Deputy Director took the question on notice.

10.4    Councillor Harvey - Fires on the Hobart Rivulet Track

Question:    Can I get some advice around campfires on the Hobart Rivulet? How should members of the public respond to incidents if they occur?

Answer:       That would be an issue under the By-Laws and they are not permitted on our public land. If there is an immediate risk, then Tasmania Police should be contacted, otherwise contact through to Council’s standard email address will ensure the relevant officer is notified.

12.      30 McRobies Road, South Hobart - Partial Change of Use to Container Refund Point and Signage

Posselt

That the recommendation contained within the officer report, marked as item 12 of the Open Planning Authority Committee Agenda of 9 April 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for Partial Change of Use to Container Refund Point and Signage at 30 MCROBIES ROAD SOUTH HOBART TAS 7004 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-HOB-2025--0068 30 MCROBIES ROAD SOUTH HOBART TAS 7004-Final Planning Documents except where modified below.-

SW3

The proposed container must be designed to ensure the protection and access to the Hobart City Council’s stormwater main.

The container must be able to be removed to allow the Council access to the stormwater main, as required.

Reason for condition

To ensure the protection of the Council’s hydraulic infrastructure.

ENG sw1 - Development Engineering - Stormwater

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 with sufficient receiving capacity prior to first occupation or commencement of use (whichever occurs first).

Any private or private shared stormwater system passing through third-party land must have sufficient receiving capacity.

Advice

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

Reason for condition

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

ENV 1 - Environmental Planning - Soil Water Management Plan

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 guidance, please see the TEER & DEP (2023) Erosion and Sediment Control guideline documents available from the Derwent Estuary Program’s [website](https://www.derwentestuary.org.au/stormwater/).

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.

ENG 1 - Development Engineering - Protection of Council Assets

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.

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.

PLN 6 - Signage

Any signage on the entrance to the McRobies Gully Waste Management Centre must comply with Option 1 shown on plans approved under General Manager Consent on 25 February 2025.

Reason for condition

To comply with Hobart City Council's Private Signage on Highway Reservations Policy.

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.

WORK WITHIN THE HIGHWAY RESERVATION

Please note development must be in accordance with the Hobart City Council’s Policy on Permanent Private Signage on Highway Reservations 23 November 2020.

Signage on the ground within the highway reservation is not permitted.  Any signage must be installed on the existing fence.