Agenda of Planning Authority Committee Meeting

Agenda (Open Portion)

Planning Authority Committee Meeting

Page 4

23/4/2025

Planning Authority Committee Meeting (Open Portion) held Wednesday, 23 April 2025 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 Z E 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:Nil.

Leave of Absence:

Alderman L A Bloomfield

1. Acknowledgement of Country

2. Confirmation of Minutes

The minutes of the Open Portion of the Planning Authority Committee meeting held on Wednesday, 9 April 2025, 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

Page 1

23/4/2025

7.1 Applications under the Hobart Interim Planning Scheme 2015

7.1.1 5-7 SANDY BAY RD, 1 SANDY BAY ROAD, 3 SANDY BAY ROAD, 2A HEATHFIELD AVE, HOBART AND ASSOCIATED WORKS WITHIN THE ADJACENT ROAD RESERVE - Demolition, Alterations, Extension, and Change of Use to Food Services and Visitor Accommodation (75 Serviced Apartments), New Building for 12 Multiple Dwellings, Subdivision (Two Additional Lots) and Associated Works within the Adjacent Road Reserve

PLN-HOB-2024-0604 - FILE REF: F25/27806

Address: 5-7 Sandy Bay Road, 1-3 Sandy Bay Road, 2A Heathfield Avenue and Adjacent Road Reserve Hobart

Proposal: Demolition, Alterations, Extension, and Change of Use to Food Services and Visitor Accommodation (75 Serviced Apartments), New Building for 12 Multiple Dwellings, Subdivision (Two Additional Lots) and Associated Works within the Adjacent Road Reserve

Expiry Date: 24 April 2025

Extension of Time: Not applicable

Author: Daniel Burke

REcommendation

Pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee, in accordance with the delegations contained in its terms of reference, refuses the application for Planning approval is sought for Demolition, Alterations, Extension, and Change of Use to Food Services and Visitor Accommodation (75 Serviced Apartments), New Building for 12 Multiple Dwellings, Subdivision (Two Additional Lots) and Associated Works within the Adjacent Road Reserve at 5-7 Sandy Bay Road, Hobart, 2A Heathfield Avenue, Hobart for the following reason:

1. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.1 P1 (a) (b) (i) (ii) (iii) of the Hobart Interim Planning Scheme 2015 because the proposed demolition of 8a Heathfield Avenue will result in the loss of a building that contributes to the historic cultural heritage significance of the Hampden Road Heritage Precinct and it has not been demonstrated: that there are environmental, social, economic or safety reasons of greater value to the community than the historic cultural heritage values of the Precinct; that there are no prudent and feasible alternatives and that the replacement development will be more complementary to the heritage values of the Precinct.

Attachment a: Planning Committee or Delegated Report - 5 - 7 SANDY BAY ROAD 1 3 SANDY BAY ROAD 2A HEATHFIELD AVE AND ADJACENT ROAD RESERVE HOBART TAS 7000 - ⇩

Attachment b: Planning Committee Agenda Documents 7 SANDY BAY ROAD, 1 & 3 SANDY BAY ROAD, 2A HEATHFIELD AVE, AND ADJACENT ROAD RESERVE, HOBART TAS 7000 ⇩

Attachment c: Planning Referral Officer Development Engineer Report - PLN-HOB-2024-0604 - 5 - 7 SANDY BAY ROAD, 1 & 3 SANDY BAY ROAD, 2A HEATHFIELD AVE, AND ADJACENT ROAD RESERVE, HOBART TAS 7000 ⇩

Attachment d: Planning Referral Officer Cultural Heritage Report - PLN-HOB-2024-0604 - 5 - 7 SANDY BAY ROAD, 1 & 3 SANDY BAY ROAD, 2A HEATHFIELD AVE, AND ADJACEN ⇩

Item No. 7.1.1

Agenda (Open Portion)

Planning Authority Committee Meeting - 23/4/2025

Page 1

ATTACHMENT a

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Item No. 7.1.2

Agenda (Open Portion)

Planning Authority Committee Meeting

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23/4/2025

7.1.2 136 Wentworth Street, South Hobart (Wellesley Park) - Alterations (Lighting Upgrade)

PLN-HOB-2024-0600 - FILE REF: F25/27818

Address: 136 Wentworth Street, South Hobart (Wellesley Park)

Proposal: Alterations (Lighting Upgrade)

Expiry Date: 7 May 2025

Extension of Time: Not applicable

Author: Victoria Maxwell

REcommendation

Pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee, in accordance with the delegations contained in its terms of reference approve the application for Alterations (Lighting Upgrade) at 136 WENTWORTH ST 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-2024-0600 - 136 Wentworth St - Final Planning Documents except where modified below.

PLN s1 Hours of Operation

Nothing in this permit provides for any increase to hours of use of the oval.

Note: PLN-15-00107-01 approved hours of use 7am to 9.30pm each day

PLN s2 Light Curfew

The lights must be turned off as soon as practicable following cessation of activity occurring at the grounds, and must be turned off no later than 10:00pm.

PLN s9 - Landscaping

Surrounding trees on Council land must be retained for screening and buffering of light unless removal is required for safety and bushfires in accordance with Council’s Removal of City of Hobart Trees policy. Where possible trees will be replanted to maintain the screening.

PLN s10

Lighting operation must meet Australian Standard AS2560.2:2021, to Council's satisfaction, unless otherwise provided in writing.

PLN s11

The lighting must be designed and installed in accordance with the design parameters specified on page 3 of drawing number 07191-WPFC by Melec dated 31 July 2024.

PLN s12

The lighting must be regularly inspected and maintained to remain in accordance with the design parameters specified on page 3 of drawing number 07191-WPFC by Melec dated 31 July 2024, including the positioning and orientation of luminaires that may be altered by wind or other disturbances.

PLN 14

The noise generated by the users of the sports facility must not cause environmental harm when measured at the boundary of the residential zone.

Reason for the condition

To ensure noise emissions do not cause environmental harm and do not have an unreasonable impact on residential amenity.

ENVIRONMENTAL HEALTH s1

Recommendations in the Environmental Site Assessment report (ESA) by Sarah Joyce and Mark Downie, of GES, dated February 2025 must be implemented. Specifically:

1. All excavated material must be treated as potentially contaminated. All personnel must maintain good personal hygiene during construction.

2. If soil is excavated that appears contaminated by unusual staining or odour, then an Environmental Consultant must be called to the site to investigate the material before work can resume.

3. All excavated soil to be handled and disposed of as Level 2 material per IB 105 (EPA Tasmania), unless further testing changes the classification.

4. A Lower Explosive Limit landfill gas monitor must be used to alert site workers to any elevated levels of methane or carbon dioxide, and to alert any site workers of explosive risks due to landfill gas.

Reason for condition

Given the past use as a historic landfill, rubbish fragments may be uncovered and gases may be present that need to be monitored throughout development as contamination management controls.

ENV 6 - 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 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:

For guidance on preparing the soil and water management plan, the Derwent Estuary Program has published soil and water management on building and construction sites fact sheets. These are available online at derwentestuary.org.au.

SW 1 - Stormwater - Protection of Hobart City Council Assets

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 must be submitted to the City of Hobart.

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 developer fails to provide the City of Hobart with an adequate pre-construction condition assessment, then any damage to the City of Hobart’s infrastructure identified in the postconstruction condition assessment will be the responsibility of the developer.

SW 2 - Stormwater - Protection of Hobart City Council Assets

Prior to the commencement of the approved use, a post-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, along with photos of any existing drainage structures connected to or modified as part of the development, must be submitted to the City of Hobart.

The post-construction 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 post-construction 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 developer.

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.

LIGHT SPILL PROTECTION

It is recommended that consideration be given to additional shielding of the new lights to minimise glare and light spill to nearby residences.

NOISE REGULATIONS

Click here for information with respect to noise nuisances in residential areas. This includes external amplification of music.

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 through PlanBuild. Detailed instructions can be found [here](https://www.hobartcity.com.au/Development/Condition-endorsement).

Once approved, the Council will respond to you via PlanBuild 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.

Fees for Condition Endorsement are set out in Council’s www.hobartcity.com.au/Council/Fees-and-charges .

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. www.hobartcity.com.au/Development/Building-and-plumbing/Lodgment-of-building-and-plumbing-applications for more information.

FEES AND CHARGES

Click www.hobartcity.com.au/Council/Fees-and-charges for information on the Council's fees and charges.

BEFORE YOU DIG

Click https://www.byda.com.au/ for before you di

Attachment a: PLN-HOB-2024-0600 - 136 Wentworth St South Hobart - Development Appraisal Report ⇩

Attachment b: PLN-HOB-2024-0600 - 136 WENTWORTH STREET SOUTH HOBART - PC Agenda Documents ⇩

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