Minutes (Open Portion)

Planning Authority Committee Meeting

Page 1

23/4/2025

Minutes (Open Portion)

Planning Authority Committee Meeting

Page 1

23/04/2025

Sherlock.

The minutes of the Open Portion of the Planning Authority Committee meeting held on Wednesday, 9 April 2025, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

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

Lohberger

Pursuant to the Hobart Interim Planning Scheme 2015, the Planning Authority Committee, in accordance with the delegations contained in its terms of reference approve the application 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 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-2024-0604 - 5 - 7 SANDY BAY ROAD, 1 & 3 SANDY BAY ROAD, 2A HEATHFIELD AVE, AND ADJACENT ROAD RESERVE, HOBART TAS 7000 - Final Planning Documents except where modified below.

TW - General

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TASWASPAN-HOB-2025-0013 dated 24 January 2025 as attached to the permit.

THC – General

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 8537 dated 17 April 2025, as attached to the  permit.

HER s1 - Heritage - Special

The recommendations and methodology contained within Chapter 6 – ‘Statement of Historical Archaeological Potential’ of the ‘Heritage Management Strategy and Impact Assessment’ by Praxis Environment are to be implemented in full.

PLN 10 - Landscaping

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition) or the commencement of work on the site (whichever occurs first), a landscaping plan for the soft and hard landscaping of the site prepared by a suitably qualified landscape expert must be submitted and approved as a condition endorsement.

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.

PLN s1 – Operating Hours

The cafe must not operate outside of the following hours:

• 7.00 am to 9.00 pm Mondays to Fridays;
• 8.00 am to 6.00 pm Saturdays; and
• 9.00 am to 5.00 pm Sundays and Public Holidays.

ENVHE 2 - Environmental Health - Site Assessment Reports

Immediately following demolition works, and prior to construction commencing, an environmental site assessment report prepared by a suitably qualified and experienced person in accordance with the procedures and practices detailed in the National Environment Protection (Assessment of Site Contamination) Measure 1999 (NEPM) as amended 2013 must be submitted as a condition endorsement prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first). The report must conclude:

1. Whether any site contamination presents a risk to workers involved in redevelopment of the site, or future users of the site, as a result of proposed excavation of the site.
2. Whether any site contamination presents an environmental risk from excavation conducted during redevelopment of the site.
3. Whether any specific remediation and/or protection measures are required to ensure proposed excavation does not adversely impact human health or the environment before excavation commences.
4. That based on the results of the Environmental Site Assessment, that the excavation as part of the planned works will not adversely impact on human health or the environment (subject to implementation of any identified remediation and/or protection measures as required).

If the Environmental Site Assessment report concludes that remediation and/or protection measures are necessary to avoid risks to human health or the environment, a proposed remediation and/or management plan must be submitted as a condition endorsement prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first). Any remediation or management plan involving soil disturbance must include a detailed soil and water management plan to prevent off­site transfer of potentially­ contaminated soil or stormwater.

Reason for condition

To determine the level of site contamination, and to identify any recommended remediation/management practises/safeguards which need to be followed/put in place during any excavations/ground disturbance on, or for use of the site, to provide for a safe living environment.

ENVHE 5 - Environmental Health - Construction Management

A Demolition and Construction Environmental Management Plan (DCEMP), prepared by suitably qualified persons, must be implemented.

A Demolition and Construction Environmental Management Plan must be submitted and approved as a condition endorsement prior to the commencement of works and prior to the issue of any approval under the Building Act 2016.

The DCEMP must include, but is not limited to, the following:

1. Details of the proposed demolition and construction methodologies and expected likely timeframes.
2. The proposed days and hours of work and proposed hours of activities likely to generate significant noise emissions (including volume and timing of heavy vehicles entering and leaving the site, rock breaking and concrete pouring).
3. Details of potential environmental impacts associated with the demolition and construction works including noise, vibration, erosion and pollution (air, land and water).
4. Details of proposed measures to avoid or mitigate all identified potential environmental impacts during demolition and construction works including, but not limited to:

(a) A noise and vibration management plan certified by a suitably qualified person as being generally consistent with AS 2436-2010 - Guide to Noise and Vibration Control on Construction, Demolition and Maintenance Sites and the Interim Construction Noise Guidelines (New South Wales Department of Environment and Climate Change, July 2009), and with any relevant guidelines or standards referenced by those documents.

(b) A soil and water management plan including:

(i) measures to minimise erosion and the discharge of contaminated stormwater off-site,

(ii) measures to minimise dust emissions from the site,

(iii) measures to manage the disposal of surface and

(iv) groundwater from excavations (if relevant); and

(v) measures to prevent soil and debris being carried onto the street.

5. Details of proposed responsible persons, public communication protocols, compliance, recording and auditing procedures and complaint handling and response procedures.

The DCEMP must be consistent with, and give effect to, the recommendations of any approved Environmental Site Assessment and/or Contamination Management Plan for the site.

A copy of the approved DCEMP must be kept on site for the duration of the works and be available for inspection. The whole or a summarised version of the DCEMP must be provided to surrounding landowners and occupiers prior to the commencement of works.

SURV 1 - Survey - Subdivision

The applicant must submit to the City of Hobart a copy of the surveyor’s survey notes at the time of lodging the final plan.

SURV 11 - Survey - Subdivision

Lots C and D on the final plan are to be notated to the effect that the subdivision shown in the plan is approved in accordance with the provisions of section 109(8) of the Local Government (Building and Miscellaneous Provisions) Act 1993, in that the Hobart Interim Planning Scheme 2015 makes provision for the dimensions of lots C and D.

SURV 3 - Survey - Subdivision

The final plan and schedule of easements must be submitted and approved under section 89 of the Local Government (Building and Miscellaneous Provisions) Act 1993.

The final plan and schedule of easements must provide easements to the satisfaction of the City of Hobart:

1. over any (proposed or existing stormwater, water or sewer mains) passing through the lots on the final plan, in favour of the (Hobart City Council and/or TasWater) (minimum width of 2m, or 3m if they cover two pipes).
2. over any existing or proposed private (rights of way, drainage and/or service easements) in favour of the lots they are required to serve.
3. over any existing, proposed or required road embankments or road batters in favour of the Hobart City Council.

SURV 8 - Survey - Subdivision

The applicant, at no cost to the City of Hobart, must have prepared, entered into, and have registered at the Land Titles Office, a deed pursuant to section 75CA of the Conveyancing and Law of Property Act 1884 for the proposed canopy encroachment over Sandy Bay Road, prior to the issue of a completion certificate.

Advice:

A section 75CA Conveyancing and Law of Property Act 1884 certificate for the occupation of a Highway requires that the encroachment is a minimum 2.40 metres above the footpath or 4.25 metres above the road carriageway. A 600 mm set back from the back of kerb may also be required.

The applicant must prepare and forward the required instrument pursuant to section 75CA Conveyancing and Law of Property Act 1884, including a survey plan of the encroachment (certified by a registered surveyor), the associated City of Hobart application fee and the Land Titles Office registration fee, to the City of Hobart for execution and subsequent registration within the Land Titles Office.

SURV 12 - Survey - Subdivision

Section 83(5)(a)(ii) LGBMP ­ Stormwater notation reflecting stormwater servicing limitations

Lot B on the final plan is to be notated in accordance with the provisions of section 83(5)(a)(ii) of the Local Government (Building and Miscellaneous Provisions) Act 1993, to the effect that the Hobart City Council cannot provide a means of gravity reticulated stormwater disposal from the whole of Lot B.

The final plan must be submitted for approval by the City of Hobart. The final plan must be notated to the satisfaction of the City of Hobart.

SURV 16 - Survey - Adhesion

The titles comprising the development site (CT 106/816/1 and C T51956/5 ) , are to be adhered in accordance with the provisions of Section 110 of the Local Government (Building and Miscellaneous Provisions) Act 1993, to the satisfaction of the Council prior to the proposed subdivision and the issue of any building consent, building permit (including demolition) and / or plumbing permit pursuant to the Building Act 2016 (if applicable), or the commencement of works on site (whichever occurs first).

Reason for condition

To ensure compliance with statutory provisions

Advice:

The application for an adhesion order to the Council has a fee of $354. Evidence will be required that the owners and mortgagees do not object to the adhesion and the condition is considered completed when a copy of the receipt for the Land Titles Office lodgement slip for the adhesion order has been received by the Council.

SURV 17 - Survey - Proposed Changes to Existing Easements

The application proposes changes to existing easements.

New equivalent easements to the satisfaction of the Council and to any private parties to which they currently benefit, must be present on title prior to the issue of any building consent, building permit (including demolition) and / or plumbing permit pursuant to the Building Act 2016 (if applicable), or the commencement of works on site (whichever occurs first).

1. Over any proposed or existing storm water, water or sewer mains passing through the lot, in favour of the (Hobart City Council and/or TasWater)

2. Over any existing or proposed private (rights of way, drainage and/or service easements) in favour of the lots they are required to serve.

Reason for Condition

To ensure that there are no impediments to the provision of public and private services and access to the lots.

OPS 5 - Public Space - Subdivision (Creation of Public Open Space)

The owner must pay a cash contribution to the City of Hobart for contribution to public open space, prior to sealing of the final plan, in accordance with Council's policy.

The open space contribution is equal to 5% of the value of Lot A and Lot B comprised in the final plan, in lieu of the provision of public open space within the subdivision.

Advice:

The value is to be determined by a valuation undertaken by a City of Hobart-nominated valuer at the developer's cost. Please fill in the valuation request form on the City's website to instigate the valuation process; https://www.hobartcity.com.au/Development/Stratas-and-subdivisions under Public open space contributions.

SW 15 - Stormwater - Subdivision

Services to each lot must be designed and installed to meet the needs of future development, prior to the sealing of the final plan or commencement of the use (whichever occurs first).

Detailed engineering drawings 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 drawings must be certified by a suitably qualified and experienced engineer and must:

1. be generally in accordance with Local Government Association of Tasmania: Tasmanian Municipal Standard Drawings (the version which applies at the time the relevant works), as varied by the City of Hobart published departures from those drawings, and Tasmanian Subdivision Guidelines (October 2013),
2. clearly distinguish between public and private infrastructure;
3. show the final lot boundaries, with each lot serviced separately by the Hobart City Council infrastructure and all private plumbing (including affected third-party) contained within the lot serviced or within suitable drainage easements;
4. show the proposed location and size of each lot connection such that the majority of the lot, including hardstand, can be adequately drained via gravity;
5. show all stormwater from the existing and proposed development (including but not limited to: roofed areas, ag drains, and impervious surfaces such as driveways and paved areas) drained to the Hobart City Council stormwater infrastructure with sufficient receiving capacity;
6. show the location of all existing connections and third-party private pipes and easements passing through the lots;
7. show in plan, cross-section and long-section the proposed stormwater infrastructure, including but not limited to, connections, flows, velocities, hydraulic grade lines, clearances from structures, boundaries and other services, cover, gradients, sizing, material, pipe class, easements and inspection openings; and
8. demonstrate how the proposed public stormwater system is protected by way of engineering solutions if minimum cover requirements are not met.

A structural condition assessment and visual record (CCTV) of the new public infrastructure must be submitted prior to issue of practical completion.

All work required by this condition must be constructed in accordance with the approved engineering drawings. All services must be installed prior to the sealing of the final plan.

Advice:

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

The construction of public infrastructure will require a Permit to Construct Public Infrastructure. Please note that once the condition endorsement has been issued you will need to contact Council’s City Infrastructure Division to obtain a Permit to Construct Public Infrastructure.

A single connection for each property is generally permitted under the Urban Drainage Act 2013. Any proposal for multiple connections must include a clear justification demonstrating that a single connection cannot adequately drain the property.

Any third-party pipelines discovered during construction or demolition must be immediately reported to the Council.

Reason for condition

To ensure Council’s hydraulic infrastructure meets acceptable standards.

ENG sw6 – Stormwater - Design

 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).

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. Detailed design of the proposed pump system for Lot A and Lot B 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.
2. All stormwater which is practicable to drain to Council infrastructure via gravity (including suspended or charged systems) must do so.
3. Any pumped or charged flows must be converted into free-flowing gravity within a suitably sized private transition pit inside the property.
4. 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, separate power circuit & noise minimisation). Any ponding of water resulting from failures/ blockages shall occur at a visible location, so that the fault can be noticed and corrected.
5. 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.

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 8 - Stormwater - Design

Prior to occupancy or the commencement of the approved use (whichever occurs first), stormwater pre-treatment for stormwater discharges from the development must be installed for Lot A and Lot B.

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 (including long-section of the proposed treatment train), minimum driving head, final estimations of contaminant removal meeting State Stormwater Strategy Targets and the supporting MUSIC model; and
2. include a supporting maintenance plan, which specifies the required maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.

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

Advice:

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

Please submit the MUSIC model in a MUSIC-X compatible format via email.

Reason for condition

To avoid the possible pollution of drainage system and natural watercourses and to comply with relevant state legislation.

ENG 13 Subdivision

Services (private sewer, stormwater, (including surface drainage) and water services/connections) are to be entirely separate to each lot and contained wholly within the lots served, prior to the sealing of the final plan.

ENG 14 - Development Engineering - Subdivision Services

Prior to the sealing of the final plan, the developer must verify compliance with condition ENG 13 by supplying the council with an as-installed services plan clearly indicating the location and details of all relevant services (entirely contained within their respective lots or appropriate easements). The as installed services plan must be accompanied by certification from a suitably qualified person that all engineering work required by this permit has been completed.  

Advice:  

Any final plan submitted for sealing will not be processed unless it is accompanied by documentation by a suitably qualified person that clearly certifies that this condition has been satisfied and that all work required by this condition has been completed. A ‘suitably qualified person’ must be a professional engineer or professional surveyor, or other persons acceptable to Council.  

Reason for condition 

To ensure that the developer provides the Council with clear written confirmation that the separation of services is complete.

ENV 2 - Environmental Planning - Soil Water Management Plan

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 for each relevant stage 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:

a) 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; and

b) any Environmental Site Assessment for the site.

If the site or controls change, an updated SWMP must be submitted. 

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.

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.

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.

SW s1 - Stormwater - Maintenance of third-party drainage

All lots affected by the proposed removal of or interference with existing drainage and/or easements must be provided with alternative at the developer's cost prior to sealing of the final plan or the commencement of the use (whichever occurs first). No decrease in service is permitted.

Detailed engineering plans by a suitably qualified engineer 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 plans must:

1. be in general accordance with the concept servicing plan submitted under this application;
2. include long-sections and cross-sections clearly showing clearances, cover, grade, support, pipe material, access points, etc;
3. clearly distinguish between public and private, and the proposed beneficiaries of any private pipes;
4. detail the new public kerb connection for 15-13 Wilmot and any alterations to the existing public connection at Sandy Bay Road for the shared private line serving Heathfield Ave properties.;
5. A delineating private IO/ boundary pit is required; and
6. clearly show all required easements (e.g. drainage, support, services)

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

Advice: Separate consent is required from Council's Waterways Unit under s 20 of the Urban Drainage Act for new private pipes outside of the property served. Separate consent is also required for any works over third-party pipes under s73 of the Building Act.

R 1 - Road Infrastructure - Protection of Hobart City Council Assets

The excavation and earth­ retaining structures and supporting the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings, structural certificates and associated geotechnical assessments of the retaining wall supporting the Heathfield Avenue highway reservation 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 drawings / certificates / assessments must be prepared and certified by a suitably qualified and experienced engineer and must:

1. not undermine the stability of the highway reservation;
2. be designed in accordance with AS 4678-2002, with a design life in accordance with table 3.1 typical application major public infrastructure works;
3. take into account any additional surcharge loadings as required by relevant Australian Standards;
4. take into account and reference accordingly any geotechnical findings;
5. detail any mitigation measures required;
6. detail the design and location of the footing adjacent to the Heathfield and

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

R 3 - Road infrastructure - Design

Prior to occupancy or the commencement of the use (whichever occurs first), the proposed driveway crossovers and reinstatement of redundant driveway crossovers within the Wilmont Road highway reservation must be designed and constructed generally accordance with the Local Government of Tasmania, Tasmanian Standard Drawings (the version which applies at the time the relevant works), as varied by the City of Hobart’s published departures from those drawings:

1. Urban: TSD­R09­v2 – Urban Roads Driveways and TSD R14­v2 Type KC vehicular crossing
2. TSD R14 - concrete kerb and channels type KC
3. TSD R11-urban footpath asphalt

Design drawings 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 design drawing must be prepared and certified by a suitably qualified expert and must:

1. show the cross and long section of the driveway crossover within the highway reservation and onto the property;
2. detail any services or infrastructure (ie light poles, pits, awnings) at or near the proposed driveway crossover;
3. show swept path templates in accordance with AS/NZS 2890.1:2004 (B85 or B99 depending on use, design template);
4. if the design deviates from the requirements of the Local Government of Tasmania, Tasmanian Standard Drawings (the version which applies at the time the relevant works), as varied by the City of Hobart’s published departures from those drawings, then the drawings must demonstrate that a B85 vehicle or B99 depending on use (Australian Standard AS/NZS 2890.1:2004, section 2.6.2) can access the driveway from the road pavement into the property without scraping the cars underside;
5. show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1:2004;

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

Advice:

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 City of Hobart’s Road Services Engineer and may require further planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement. Refer to City of Hobart departures , smooth transition required on type kc vehicular crossing.

ENG 2A - Development Engineering - Vehicle Barriers

Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 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.

ENG 3B - Development Engineering - Parking and Access Design

The access, driveway and parking area require modification to align with the recommendations made in the Traffic Impact Assessment prepared by Keith Midson. 

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/NZS2890.1:2004, if possible;
3. where the design deviates from AS/NZS2890.1:2004 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 & 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.

ENG 3C - Development Engineering - Parking and Access Design

Prior to the first occupation, a suitably qualified engineer must certify that the access driveway and parking area has been constructed in accordance with condition ENG 3B of this permit.  

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.

ENG 4 - Development Engineering - Parking and Access Design

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 / 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 8 - Development Engineering - Parking Spaces

The twenty-four (24) residential car parking spaces associated with the Town House Component are approved for residential use only (excluding the visitor park), as indicated, with allocation to be in accordance with the documentation submitted under this permit.   

The twenty-three (23) car parking spaces associated with the Visitor Accommodation Component are approved for Visitor Accommodation use only. 

Signage in accordance with Australian Standard AS1742.11:2016 indicating the respective conditions of the parking area’s must be erected at their entry, to signalise the use of each car parking space, prior to first occupation / commencement of use. 

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

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

All Bicycle parking spaces must be provided in accordance with the Australian/NZS Standard, Parking Facilities Part 3: Bicycle Parking AS2890.3:2015, prior to the commencement of use.  

Reason for condition 

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

ENG 11 - Development Engineering

An ongoing waste management plan for all domestic waste and recycling must be implemented post construction.

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

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

Advice: 

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

Reason for condition 

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

ENG 12 - Development Engineering - Construction Waste Management Plan

A construction waste management plan must be implemented throughout construction. 

A construction waste management plan must be submitted and approved as a Condition Endorsement, prior to commencement of work on the site. The construction waste management plan must include:

• Provisions for commercial waste services for the handling, storage, transport and disposal of post-construction solid waste and recycle bins from the development;
• Provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement, and
• Evidence that every effort will be made to ensure the maximum recycling of demolished and waste material generated from the proposal. 

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

Advice: 

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

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.

TR 1 - Traffic - Design

Traffic management within the access driveway, circulation roadway and parking module (parking spaces and aisles) must be installed prior to occupancy or the commencement of the use (whichever occurs first).

Traffic management design drawing(s) (including signage and line marking), must be submitted and approved as a condition endorsement, prior to occupancy or the commencement of the use (whichever occurs first). The design drawing(s) must be prepared by a suitably qualified expert, and must include but not be limited to:

1. signage indicating that the car parking area is a private car park;
2. detailed plan of new layout of Wilmot street including location of driveways and changes to on-street parking

All work required by this condition must be undertaken in accordance with the approved traffic management design drawings. Note that parking changes will need to be approved by the City officer with delegation under the Traffic Act 1925.

TR 2 - Traffic - Construction Management

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

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

1. Be prepared by a suitably qualified person.
2. Develop a communications plan to advise the wider community of the traffic and parking impacts during construction.
3. Include a start date and finish dates of various stages of works.
4. Include times that trucks and other traffic associated with the works will be allowed to operate.
5. Nominate a superintendent, or the like, to be responsible for the implementation of the approved traffic management plan and available as a direct contact to Council and/or members of the community regarding day to day construction traffic operations at the site, including any immediate traffic issues or hazards that may arise.

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

Advice: 

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

Reason for condition 

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

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 through PlanBuild. Detailed instructions can be found here.

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 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. Click here for more information.

SPECIAL CONNECTION PERMIT

You may need a Special Connection Permit (Trade Waste) in accordance with the Plumbing Regulations 2014 and the Tasmanian Plumbing Code. Click here for more information.

VISITOR ACCOMMODATION

More information on visitor accommodation, including when building approval is required, can be found here.

In all cases, check with your insurance company that you have adequate cover.

If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.

If you have a spa or a pool at your property then you are required to test for microbiological quality and chemical parameters on a monthly basis, under the Public Health Act 1997.  If you have any questions about this then please call our Environmental Health Group on 6238 2711.

If you are providing food for consumption on the property, you may require a food business registration in accordance with the Food Act 2003. Click here for more information, or call our Environmental Health Group on 6238 2711.

You are encouraged to have in place a management plan for the operation of the visitor accommodation. The management plan should include measures to limit, manage and mitigate unreasonable impacts upon the amenity of permanent residents, including addressing issues like noise, waste management, customer behaviour, security, and maximum occupancy.

Visitor accommodation is also considered to be a commercial use and also not eligible to residential parking permits. Under the current policy for the issuing of residential parking permits, the proposed change of use to visitor accommodation would not entitle the property to a residential parking permit, or a transferable “bed and breakfast” parking permit.

WORKS INVOLVING, OR IN PROXIMITY OF EXISTING DRAINS

The application proposes works near existing drains.

Section 73 of the Building Act 2016 requires that a person must not perform any building work over an existing drain or within one metre from the edge of an existing drain measured horizontally, unless the owner of the building obtains written consent from the general manager of the council for the municipal area where the work is performed.

WORKS INVOLVING, OR IN PROXIMITY OF SERVICE EASEMENTS

The application proposes works in the proximity of service easements.

Section 74 of the Building Act 2016 requires that a person must not perform any building work over or within a service easement unless the person obtains written consent to do so from the person on whose behalf the service easement was created.

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.

REDUNDANT CROSSOVERS

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

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

PUBLIC HEALTH

You may be required to provide approved/endorsed plans for a food business fit out, in accordance with the National Construction Code - Building Code of Australia including Tas Part 14 for food premises which must have regard to the FSANZ Food Safety Standards. Click here for more information.

FOOD BUSINESS REGISTRATION

Food business registration in accordance with the Food Act 2003. Click here for more information.

SINGLE USE PLASTICS

The City of Hobart has a ‘Single-Use Plastics By-Law’ in force, which applies to retailers who provide or sell food to be taken from the retailer’s premises in food packaging. Retailers must not provide to a person any food packaging which is wholly or partly comprised of plastic and a single use product. Please click here for more information.

PUBLIC HEALTH RISK

Public health risk activities (tattooing and piercing) licence. Click here for more information.

BUILDING OVER AN EASEMENT

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

NEW SERVICE CONNECTION

Please contact the Hobart City Council's Infrastructure and Assets Network to initiate the application process for your new stormwater connection.

STORMWATER

Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information.

STRUCTURES CLOSE TO COUNCIL'S STORMWATER MAIN

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

WORK WITHIN THE HIGHWAY RESERVATION

Please note development must be in accordance with the Hobart City Council’s Infrastructure by law. Click here for more information.

CBD AND HIGH VOLUME FOOTPATH CLOSURES

Please note that the City of Hobart does not support the extended closure of public footpaths or roads to facilitate construction on adjacent land.

It is the developer's responsibility to ensure that the proposal as designed can be constructed without reliance on such extended closures.

In special cases, where it can be demonstrated that closure of footpaths in the CBD and/or other high volume footpaths can occur for extended periods without unreasonable impact on other businesses or the general public, such closures may only be approved by the full Council.

For more information about this requirement please contact the Council's City Transport Group on 62382711.

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.

REDUNDANT CROSSOVERS

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

ACCESS

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

CROSS OVER CONSTRUCTION

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

STREET LIGHTING

The relocation of a light pole must be in accordance with TasNetworks and Hobart City Council requirements. Click here for more information.

STORMWATER / ROADS / ACCESS

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

RIGHT OF WAY

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

PRIVATE COVENANTS

Please be advised that this property is subject to covenants contained within the schedule of easements.

The approved development may require consent and/or a modification to the covenant to ensure it is undertaken lawfully. You must not act on this planning permit until you have obtained any necessary consent or modification to the covenant which is required for the approved development.

If you proceed with the development inconsistent with the terms of the covenant, the parties with the benefit of the covenant may be entitled to make an application in the Courts to restrain a breach. The grant of this planning permit does not constitute a waiver, modification or release of the terms of the covenant nor approval under the terms of the covenant to undertake the proposed development.

STRATA AMENDMENT

You will be required to amend the strata plan pursuant to the provisions of the Strata Titles Act 1998 in order to reflect the completed development works. Click here for more information.

TITLE ADHESION

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

COUNCIL RESERVES

This permit does not authorise any works on the adjoining Council land. Any act that causes, or is likely to cause, damage to Council’s land may be in breach of Council’s Public Spaces By-law and penalties may apply. A permit is required for works on Council land. The by-law is available here.

WEED CONTROL

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Natural Resources and Environment Tasmania website.

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.

LEVEL 1 ACTIVITIES

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

NOISE REGULATIONS

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

WASTE DISPOSAL

It is recommended that the developer liaise with the Council’s City Resilience Group 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.

BEFORE YOU DIG

Click here for before you dig information.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That pursuant to the Hobart Interim Planning Scheme 2015, the Planning Authority Committee, in accordance with the delegations contained in its terms of reference, approve the application 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 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-2024-0604 - 5 - 7 SANDY BAY ROAD, 1 & 3 SANDY BAY ROAD, 2A HEATHFIELD AVE, AND ADJACENT ROAD RESERVE, HOBART TAS 7000 - Final Planning Documents except where modified below.

TW - General

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TASWASPAN-HOB-2025-0013 dated 24 January 2025 as attached to the permit.

THC – General

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 8537 dated 17 April 2025, as attached to the  permit.

HER s1 - Heritage - Special

The recommendations and methodology contained within Chapter 6 – ‘Statement of Historical Archaeological Potential’ of the ‘Heritage Management Strategy and Impact Assessment’ by Praxis Environment are to be implemented in full.

PLN 10 - Landscaping

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition) or the commencement of work on the site (whichever occurs first), a landscaping plan for the soft and hard landscaping of the site prepared by a suitably qualified landscape expert must be submitted and approved as a condition endorsement.

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.

PLN s1 – Operating Hours

The cafe must not operate outside of the following hours:

• 7.00 am to 9.00 pm Mondays to Fridays;
• 8.00 am to 6.00 pm Saturdays; and
• 9.00 am to 5.00 pm Sundays and Public Holidays.

ENVHE 2 - Environmental Health - Site Assessment Reports

Immediately following demolition works, and prior to construction commencing, an environmental site assessment report prepared by a suitably qualified and experienced person in accordance with the procedures and practices detailed in the National Environment Protection (Assessment of Site Contamination) Measure 1999 (NEPM) as amended 2013 must be submitted as a condition endorsement prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first). The report must conclude:

1. Whether any site contamination presents a risk to workers involved in redevelopment of the site, or future users of the site, as a result of proposed excavation of the site.
2. Whether any site contamination presents an environmental risk from excavation conducted during redevelopment of the site.
3. Whether any specific remediation and/or protection measures are required to ensure proposed excavation does not adversely impact human health or the environment before excavation commences.
4. That based on the results of the Environmental Site Assessment, that the excavation as part of the planned works will not adversely impact on human health or the environment (subject to implementation of any identified remediation and/or protection measures as required).

If the Environmental Site Assessment report concludes that remediation and/or protection measures are necessary to avoid risks to human health or the environment, a proposed remediation and/or management plan must be submitted as a condition endorsement prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first). Any remediation or management plan involving soil disturbance must include a detailed soil and water management plan to prevent off­site transfer of potentially­ contaminated soil or stormwater.

Reason for condition

To determine the level of site contamination, and to identify any recommended remediation/management practises/safeguards which need to be followed/put in place during any excavations/ground disturbance on, or for use of the site, to provide for a safe living environment.

ENVHE 5 - Environmental Health - Construction Management

A Demolition and Construction Environmental Management Plan (DCEMP), prepared by suitably qualified persons, must be implemented.

A Demolition and Construction Environmental Management Plan must be submitted and approved as a condition endorsement prior to the commencement of works and prior to the issue of any approval under the Building Act 2016.

The DCEMP must include, but is not limited to, the following:

1. Details of the proposed demolition and construction methodologies and expected likely timeframes.
2. The proposed days and hours of work and proposed hours of activities likely to generate significant noise emissions (including volume and timing of heavy vehicles entering and leaving the site, rock breaking and concrete pouring).
3. Details of potential environmental impacts associated with the demolition and construction works including noise, vibration, erosion and pollution (air, land and water).
4. Details of proposed measures to avoid or mitigate all identified potential environmental impacts during demolition and construction works including, but not limited to:

(a) A noise and vibration management plan certified by a suitably qualified person as being generally consistent with AS 2436-2010 - Guide to Noise and Vibration Control on Construction, Demolition and Maintenance Sites and the Interim Construction Noise Guidelines (New South Wales Department of Environment and Climate Change, July 2009), and with any relevant guidelines or standards referenced by those documents.

(b) A soil and water management plan including:

(i) measures to minimise erosion and the discharge of contaminated stormwater off-site,

(ii) measures to minimise dust emissions from the site,

(iii) measures to manage the disposal of surface and

(iv) groundwater from excavations (if relevant); and

(v) measures to prevent soil and debris being carried onto the street.

5. Details of proposed responsible persons, public communication protocols, compliance, recording and auditing procedures and complaint handling and response procedures.

The DCEMP must be consistent with, and give effect to, the recommendations of any approved Environmental Site Assessment and/or Contamination Management Plan for the site.

A copy of the approved DCEMP must be kept on site for the duration of the works and be available for inspection. The whole or a summarised version of the DCEMP must be provided to surrounding landowners and occupiers prior to the commencement of works.

SURV 1 - Survey - Subdivision

The applicant must submit to the City of Hobart a copy of the surveyor’s survey notes at the time of lodging the final plan.

SURV 11 - Survey - Subdivision

Lots C and D on the final plan are to be notated to the effect that the subdivision shown in the plan is approved in accordance with the provisions of section 109(8) of the Local Government (Building and Miscellaneous Provisions) Act 1993, in that the Hobart Interim Planning Scheme 2015 makes provision for the dimensions of lots C and D.

SURV 3 - Survey - Subdivision

The final plan and schedule of easements must be submitted and approved under section 89 of the Local Government (Building and Miscellaneous Provisions) Act 1993.

The final plan and schedule of easements must provide easements to the satisfaction of the City of Hobart:

1. over any (proposed or existing stormwater, water or sewer mains) passing through the lots on the final plan, in favour of the (Hobart City Council and/or TasWater) (minimum width of 2m, or 3m if they cover two pipes).
2. over any existing or proposed private (rights of way, drainage and/or service easements) in favour of the lots they are required to serve.
3. over any existing, proposed or required road embankments or road batters in favour of the Hobart City Council.

SURV 8 - Survey - Subdivision

The applicant, at no cost to the City of Hobart, must have prepared, entered into, and have registered at the Land Titles Office, a deed pursuant to section 75CA of the Conveyancing and Law of Property Act 1884 for the proposed canopy encroachment over Sandy Bay Road, prior to the issue of a completion certificate.

Advice:

A section 75CA Conveyancing and Law of Property Act 1884 certificate for the occupation of a Highway requires that the encroachment is a minimum 2.40 metres above the footpath or 4.25 metres above the road carriageway. A 600 mm set back from the back of kerb may also be required.

The applicant must prepare and forward the required instrument pursuant to section 75CA Conveyancing and Law of Property Act 1884, including a survey plan of the encroachment (certified by a registered surveyor), the associated City of Hobart application fee and the Land Titles Office registration fee, to the City of Hobart for execution and subsequent registration within the Land Titles Office.

SURV 12 - Survey - Subdivision

Section 83(5)(a)(ii) LGBMP ­ Stormwater notation reflecting stormwater servicing limitations

Lot B on the final plan is to be notated in accordance with the provisions of section 83(5)(a)(ii) of the Local Government (Building and Miscellaneous Provisions) Act 1993, to the effect that the Hobart City Council cannot provide a means of gravity reticulated stormwater disposal from the whole of Lot B.

The final plan must be submitted for approval by the City of Hobart. The final plan must be notated to the satisfaction of the City of Hobart.

SURV 16 - Survey - Adhesion

The titles comprising the development site (CT 106/816/1 and C T51956/5 ) , are to be adhered in accordance with the provisions of Section 110 of the Local Government (Building and Miscellaneous Provisions) Act 1993, to the satisfaction of the Council prior to the proposed subdivision and the issue of any building consent, building permit (including demolition) and / or plumbing permit pursuant to the Building Act 2016 (if applicable), or the commencement of works on site (whichever occurs first).

Reason for condition

To ensure compliance with statutory provisions

Advice:

The application for an adhesion order to the Council has a fee of $354. Evidence will be required that the owners and mortgagees do not object to the adhesion and the condition is considered completed when a copy of the receipt for the Land Titles Office lodgement slip for the adhesion order has been received by the Council.

SURV 17 - Survey - Proposed Changes to Existing Easements

The application proposes changes to existing easements.

New equivalent easements to the satisfaction of the Council and to any private parties to which they currently benefit, must be present on title prior to the issue of any building consent, building permit (including demolition) and / or plumbing permit pursuant to the Building Act 2016 (if applicable), or the commencement of works on site (whichever occurs first).

1. Over any proposed or existing storm water, water or sewer mains passing through the lot, in favour of the (Hobart City Council and/or TasWater)

2. Over any existing or proposed private (rights of way, drainage and/or service easements) in favour of the lots they are required to serve.

Reason for Condition

To ensure that there are no impediments to the provision of public and private services and access to the lots.

OPS 5 - Public Space - Subdivision (Creation of Public Open Space)

The owner must pay a cash contribution to the City of Hobart for contribution to public open space, prior to sealing of the final plan, in accordance with Council's policy.

The open space contribution is equal to 5% of the value of Lot A and Lot B comprised in the final plan, in lieu of the provision of public open space within the subdivision.

Advice:

The value is to be determined by a valuation undertaken by a City of Hobart-nominated valuer at the developer's cost. Please fill in the valuation request form on the City's website to instigate the valuation process; https://www.hobartcity.com.au/Development/Stratas-and-subdivisions under Public open space contributions.

SW 15 - Stormwater - Subdivision

Services to each lot must be designed and installed to meet the needs of future development, prior to the sealing of the final plan or commencement of the use (whichever occurs first).

Detailed engineering drawings 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 drawings must be certified by a suitably qualified and experienced engineer and must:

1. be generally in accordance with Local Government Association of Tasmania: Tasmanian Municipal Standard Drawings (the version which applies at the time the relevant works), as varied by the City of Hobart published departures from those drawings, and Tasmanian Subdivision Guidelines (October 2013),
2. clearly distinguish between public and private infrastructure;
3. show the final lot boundaries, with each lot serviced separately by the Hobart City Council infrastructure and all private plumbing (including affected third-party) contained within the lot serviced or within suitable drainage easements;
4. show the proposed location and size of each lot connection such that the majority of the lot, including hardstand, can be adequately drained via gravity;
5. show all stormwater from the existing and proposed development (including but not limited to: roofed areas, ag drains, and impervious surfaces such as driveways and paved areas) drained to the Hobart City Council stormwater infrastructure with sufficient receiving capacity;
6. show the location of all existing connections and third-party private pipes and easements passing through the lots;
7. show in plan, cross-section and long-section the proposed stormwater infrastructure, including but not limited to, connections, flows, velocities, hydraulic grade lines, clearances from structures, boundaries and other services, cover, gradients, sizing, material, pipe class, easements and inspection openings; and
8. demonstrate how the proposed public stormwater system is protected by way of engineering solutions if minimum cover requirements are not met.

A structural condition assessment and visual record (CCTV) of the new public infrastructure must be submitted prior to issue of practical completion.

All work required by this condition must be constructed in accordance with the approved engineering drawings. All services must be installed prior to the sealing of the final plan.

Advice:

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

The construction of public infrastructure will require a Permit to Construct Public Infrastructure. Please note that once the condition endorsement has been issued you will need to contact Council’s City Infrastructure Division to obtain a Permit to Construct Public Infrastructure.

A single connection for each property is generally permitted under the Urban Drainage Act 2013. Any proposal for multiple connections must include a clear justification demonstrating that a single connection cannot adequately drain the property.

Any third-party pipelines discovered during construction or demolition must be immediately reported to the Council.

Reason for condition

To ensure Council’s hydraulic infrastructure meets acceptable standards.

ENG sw6 – Stormwater - Design

 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).

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. Detailed design of the proposed pump system for Lot A and Lot B 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.
2. All stormwater which is practicable to drain to Council infrastructure via gravity (including suspended or charged systems) must do so.
3. Any pumped or charged flows must be converted into free-flowing gravity within a suitably sized private transition pit inside the property.
4. 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, separate power circuit & noise minimisation). Any ponding of water resulting from failures/ blockages shall occur at a visible location, so that the fault can be noticed and corrected.
5. 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.

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 8 - Stormwater - Design

Prior to occupancy or the commencement of the approved use (whichever occurs first), stormwater pre-treatment for stormwater discharges from the development must be installed for Lot A and Lot B.

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 (including long-section of the proposed treatment train), minimum driving head, final estimations of contaminant removal meeting State Stormwater Strategy Targets and the supporting MUSIC model; and
2. include a supporting maintenance plan, which specifies the required maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.

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

Advice:

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

Please submit the MUSIC model in a MUSIC-X compatible format via email.

Reason for condition

To avoid the possible pollution of drainage system and natural watercourses and to comply with relevant state legislation.

ENG 13 Subdivision

Services (private sewer, stormwater, (including surface drainage) and water services/connections) are to be entirely separate to each lot and contained wholly within the lots served, prior to the sealing of the final plan.

ENG 14 - Development Engineering - Subdivision Services

Prior to the sealing of the final plan, the developer must verify compliance with condition ENG 13 by supplying the council with an as-installed services plan clearly indicating the location and details of all relevant services (entirely contained within their respective lots or appropriate easements). The as installed services plan must be accompanied by certification from a suitably qualified person that all engineering work required by this permit has been completed.  

Advice:  

Any final plan submitted for sealing will not be processed unless it is accompanied by documentation by a suitably qualified person that clearly certifies that this condition has been satisfied and that all work required by this condition has been completed. A ‘suitably qualified person’ must be a professional engineer or professional surveyor, or other persons acceptable to Council.  

Reason for condition 

To ensure that the developer provides the Council with clear written confirmation that the separation of services is complete.

ENV 2 - Environmental Planning - Soil Water Management Plan

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 for each relevant stage 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:

a) 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; and

b) any Environmental Site Assessment for the site.

If the site or controls change, an updated SWMP must be submitted. 

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.

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.

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.

SW s1 - Stormwater - Maintenance of third-party drainage

All lots affected by the proposed removal of or interference with existing drainage and/or easements must be provided with alternative at the developer's cost prior to sealing of the final plan or the commencement of the use (whichever occurs first). No decrease in service is permitted.

Detailed engineering plans by a suitably qualified engineer 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 plans must:

1. be in general accordance with the concept servicing plan submitted under this application;
2. include long-sections and cross-sections clearly showing clearances, cover, grade, support, pipe material, access points, etc;
3. clearly distinguish between public and private, and the proposed beneficiaries of any private pipes;
4. detail the new public kerb connection for 15-13 Wilmot and any alterations to the existing public connection at Sandy Bay Road for the shared private line serving Heathfield Ave properties.;
5. A delineating private IO/ boundary pit is required; and
6. clearly show all required easements (e.g. drainage, support, services)

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

Advice: Separate consent is required from Council's Waterways Unit under s 20 of the Urban Drainage Act for new private pipes outside of the property served. Separate consent is also required for any works over third-party pipes under s73 of the Building Act.

R 1 - Road Infrastructure - Protection of Hobart City Council Assets

The excavation and earth­ retaining structures and supporting the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings, structural certificates and associated geotechnical assessments of the retaining wall supporting the Heathfield Avenue highway reservation 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 drawings / certificates / assessments must be prepared and certified by a suitably qualified and experienced engineer and must:

1. not undermine the stability of the highway reservation;
2. be designed in accordance with AS 4678-2002, with a design life in accordance with table 3.1 typical application major public infrastructure works;
3. take into account any additional surcharge loadings as required by relevant Australian Standards;
4. take into account and reference accordingly any geotechnical findings;
5. detail any mitigation measures required;
6. detail the design and location of the footing adjacent to the Heathfield and

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

R 3 - Road infrastructure - Design

Prior to occupancy or the commencement of the use (whichever occurs first), the proposed driveway crossovers and reinstatement of redundant driveway crossovers within the Wilmont Road highway reservation must be designed and constructed generally accordance with the Local Government of Tasmania, Tasmanian Standard Drawings (the version which applies at the time the relevant works), as varied by the City of Hobart’s published departures from those drawings:

1. Urban: TSD­R09­v2 – Urban Roads Driveways and TSD R14­v2 Type KC vehicular crossing
2. TSD R14 - concrete kerb and channels type KC
3. TSD R11-urban footpath asphalt

Design drawings 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 design drawing must be prepared and certified by a suitably qualified expert and must:

1. show the cross and long section of the driveway crossover within the highway reservation and onto the property;
2. detail any services or infrastructure (ie light poles, pits, awnings) at or near the proposed driveway crossover;
3. show swept path templates in accordance with AS/NZS 2890.1:2004 (B85 or B99 depending on use, design template);
4. if the design deviates from the requirements of the Local Government of Tasmania, Tasmanian Standard Drawings (the version which applies at the time the relevant works), as varied by the City of Hobart’s published departures from those drawings, then the drawings must demonstrate that a B85 vehicle or B99 depending on use (Australian Standard AS/NZS 2890.1:2004, section 2.6.2) can access the driveway from the road pavement into the property without scraping the cars underside;
5. show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1:2004;

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

Advice:

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 City of Hobart’s Road Services Engineer and may require further planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement. Refer to City of Hobart departures , smooth transition required on type kc vehicular crossing.

ENG 2A - Development Engineering - Vehicle Barriers

Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 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.

ENG 3B - Development Engineering - Parking and Access Design

The access, driveway and parking area require modification to align with the recommendations made in the Traffic Impact Assessment prepared by Keith Midson. 

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/NZS2890.1:2004, if possible;
3. where the design deviates from AS/NZS2890.1:2004 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 & 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.

ENG 3C - Development Engineering - Parking and Access Design

Prior to the first occupation, a suitably qualified engineer must certify that the access driveway and parking area has been constructed in accordance with condition ENG 3B of this permit.  

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.

ENG 4 - Development Engineering - Parking and Access Design

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 / 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 8 - Development Engineering - Parking Spaces

The twenty-four (24) residential car parking spaces associated with the Town House Component are approved for residential use only (excluding the visitor park), as indicated, with allocation to be in accordance with the documentation submitted under this permit.   

The twenty-three (23) car parking spaces associated with the Visitor Accommodation Component are approved for Visitor Accommodation use only. 

Signage in accordance with Australian Standard AS1742.11:2016 indicating the respective conditions of the parking area’s must be erected at their entry, to signalise the use of each car parking space, prior to first occupation / commencement of use. 

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

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

All Bicycle parking spaces must be provided in accordance with the Australian/NZS Standard, Parking Facilities Part 3: Bicycle Parking AS2890.3:2015, prior to the commencement of use.  

Reason for condition 

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

ENG 11 - Development Engineering

An ongoing waste management plan for all domestic waste and recycling must be implemented post construction.

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

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

Advice: 

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

Reason for condition 

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

ENG 12 - Development Engineering - Construction Waste Management Plan

A construction waste management plan must be implemented throughout construction. 

A construction waste management plan must be submitted and approved as a Condition Endorsement, prior to commencement of work on the site. The construction waste management plan must include:

• Provisions for commercial waste services for the handling, storage, transport and disposal of post-construction solid waste and recycle bins from the development;
• Provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement, and
• Evidence that every effort will be made to ensure the maximum recycling of demolished and waste material generated from the proposal. 

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

Advice: 

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

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.

TR 1 - Traffic - Design

Traffic management within the access driveway, circulation roadway and parking module (parking spaces and aisles) must be installed prior to occupancy or the commencement of the use (whichever occurs first).

Traffic management design drawing(s) (including signage and line marking), must be submitted and approved as a condition endorsement, prior to occupancy or the commencement of the use (whichever occurs first). The design drawing(s) must be prepared by a suitably qualified expert, and must include but not be limited to:

1. signage indicating that the car parking area is a private car park;
2. detailed plan of new layout of Wilmot street including location of driveways and changes to on-street parking

All work required by this condition must be undertaken in accordance with the approved traffic management design drawings. Note that parking changes will need to be approved by the City officer with delegation under the Traffic Act 1925.

TR 2 - Traffic - Construction Management

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

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

1. Be prepared by a suitably qualified person.
2. Develop a communications plan to advise the wider community of the traffic and parking impacts during construction.
3. Include a start date and finish dates of various stages of works.
4. Include times that trucks and other traffic associated with the works will be allowed to operate.
5. Nominate a superintendent, or the like, to be responsible for the implementation of the approved traffic management plan and available as a direct contact to Council and/or members of the community regarding day to day construction traffic operations at the site, including any immediate traffic issues or hazards that may arise.

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

Advice: 

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

Reason for condition 

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

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 through PlanBuild. Detailed instructions can be found here.

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 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. Click here for more information.

SPECIAL CONNECTION PERMIT

You may need a Special Connection Permit (Trade Waste) in accordance with the Plumbing Regulations 2014 and the Tasmanian Plumbing Code. Click here for more information.

VISITOR ACCOMMODATION

More information on visitor accommodation, including when building approval is required, can be found here.

In all cases, check with your insurance company that you have adequate cover.

If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.

If you have a spa or a pool at your property then you are required to test for microbiological quality and chemical parameters on a monthly basis, under the Public Health Act 1997.  If you have any questions about this then please call our Environmental Health Group on 6238 2711.

If you are providing food for consumption on the property, you may require a food business registration in accordance with the Food Act 2003. Click here for more information, or call our Environmental Health Group on 6238 2711.

You are encouraged to have in place a management plan for the operation of the visitor accommodation. The management plan should include measures to limit, manage and mitigate unreasonable impacts upon the amenity of permanent residents, including addressing issues like noise, waste management, customer behaviour, security, and maximum occupancy.

Visitor accommodation is also considered to be a commercial use and also not eligible to residential parking permits. Under the current policy for the issuing of residential parking permits, the proposed change of use to visitor accommodation would not entitle the property to a residential parking permit, or a transferable “bed and breakfast” parking permit.

WORKS INVOLVING, OR IN PROXIMITY OF EXISTING DRAINS

The application proposes works near existing drains.

Section 73 of the Building Act 2016 requires that a person must not perform any building work over an existing drain or within one metre from the edge of an existing drain measured horizontally, unless the owner of the building obtains written consent from the general manager of the council for the municipal area where the work is performed.

WORKS INVOLVING, OR IN PROXIMITY OF SERVICE EASEMENTS

The application proposes works in the proximity of service easements.

Section 74 of the Building Act 2016 requires that a person must not perform any building work over or within a service easement unless the person obtains written consent to do so from the person on whose behalf the service easement was created.

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.

REDUNDANT CROSSOVERS

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

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

PUBLIC HEALTH

You may be required to provide approved/endorsed plans for a food business fit out, in accordance with the National Construction Code - Building Code of Australia including Tas Part 14 for food premises which must have regard to the FSANZ Food Safety Standards. Click here for more information.

FOOD BUSINESS REGISTRATION

Food business registration in accordance with the Food Act 2003. Click here for more information.

SINGLE USE PLASTICS

The City of Hobart has a ‘Single-Use Plastics By-Law’ in force, which applies to retailers who provide or sell food to be taken from the retailer’s premises in food packaging. Retailers must not provide to a person any food packaging which is wholly or partly comprised of plastic and a single use product. Please click here for more information.

PUBLIC HEALTH RISK

Public health risk activities (tattooing and piercing) licence. Click here for more information.

BUILDING OVER AN EASEMENT

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

NEW SERVICE CONNECTION

Please contact the Hobart City Council's Infrastructure and Assets Network to initiate the application process for your new stormwater connection.

STORMWATER

Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information.

STRUCTURES CLOSE TO COUNCIL'S STORMWATER MAIN

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

WORK WITHIN THE HIGHWAY RESERVATION

Please note development must be in accordance with the Hobart City Council’s Infrastructure by law. Click here for more information.

CBD AND HIGH VOLUME FOOTPATH CLOSURES

Please note that the City of Hobart does not support the extended closure of public footpaths or roads to facilitate construction on adjacent land.

It is the developer's responsibility to ensure that the proposal as designed can be constructed without reliance on such extended closures.

In special cases, where it can be demonstrated that closure of footpaths in the CBD and/or other high volume footpaths can occur for extended periods without unreasonable impact on other businesses or the general public, such closures may only be approved by the full Council.

For more information about this requirement please contact the Council's City Transport Group on 62382711.

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.

REDUNDANT CROSSOVERS

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

ACCESS

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

CROSS OVER CONSTRUCTION

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

STREET LIGHTING

The relocation of a light pole must be in accordance with TasNetworks and Hobart City Council requirements. Click here for more information.

STORMWATER / ROADS / ACCESS

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

RIGHT OF WAY

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

PRIVATE COVENANTS

Please be advised that this property is subject to covenants contained within the schedule of easements.

The approved development may require consent and/or a modification to the covenant to ensure it is undertaken lawfully. You must not act on this planning permit until you have obtained any necessary consent or modification to the covenant which is required for the approved development.

If you proceed with the development inconsistent with the terms of the covenant, the parties with the benefit of the covenant may be entitled to make an application in the Courts to restrain a breach. The grant of this planning permit does not constitute a waiver, modification or release of the terms of the covenant nor approval under the terms of the covenant to undertake the proposed development.

STRATA AMENDMENT

You will be required to amend the strata plan pursuant to the provisions of the Strata Titles Act 1998 in order to reflect the completed development works. Click here for more information.

TITLE ADHESION

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

COUNCIL RESERVES

This permit does not authorise any works on the adjoining Council land. Any act that causes, or is likely to cause, damage to Council’s land may be in breach of Council’s Public Spaces By-law and penalties may apply. A permit is required for works on Council land. The by-law is available here.

WEED CONTROL

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Natural Resources and Environment Tasmania website.

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.

LEVEL 1 ACTIVITIES

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

NOISE REGULATIONS

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

WASTE DISPOSAL

It is recommended that the developer liaise with the Council’s City Resilience Group 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.

BEFORE YOU DIG

Click here for before you dig information.

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

Sherlock

That the recommendation contained within the officer report, marked as item 7.1.2 of the Open Planning Authority Committee Agenda of 23 April 2025, be adopted with the inclusion of the following clause to be added to PLN s10:

“Prior to the issue of any approval under the Building Act 2016  (excluding demolition) details of lighting shields for each new tower, which demonstrate a reduction in light spill to adjoining residential properties, must be provided to the satisfaction of the Director of the Strategic and Regulatory Services Network.

Lighting operation must meet Australian Standard AS2560.2:2021, and be certified in writing by a suitably qualified person to Council's satisfaction, unless otherwise provided in writing.”.

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, 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

Prior to the issue of any approval under the Building Act 2016  (excluding demolition) details of lighting shields for each new tower, which demonstrate a reduction in light spill to adjoining residential properties, must be provided to the satisfaction of the Director of the Strategic and Regulatory Services Network.

Lighting operation must meet Australian Standard AS2560.2:2021, and be certified in writing by a suitably qualified person 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 dig information.

8.1      Planning Advertising Report

Lohberger

That the recommendation contained within the officer report, marked as item 8.1 of the Open Planning Authority Committee Agenda of 23 April 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

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

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 23 April 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

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