Minutes (Open Portion)

Planning Authority Committee Meeting

Page 1

10/9/2025

Minutes (Open Portion)

Planning Authority Committee Meeting

Page 1

10/09/2025

Harvey

The minutes of the Open Portion of the Planning Authority Committee meeting held on Wednesday, 20 August 2025, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

The minutes were signed.

7.1.1   31-35 Campbell Street, Hobart - Partial Demolition, New Building and Extension, Change of Use to Office (Consulting Rooms) and Visitor Accommodation, and Adhesion

Sherlock

That the recommendation contained within the officer report, marked as item 7.1.1 of the Open Planning Authority Committee Agenda of 10 September 2025, be adopted.

Amendment

Posselt

That condition HER 2 be amended to read as follows:

Modifications to the entry doorway features to the Sackville Street and Campbell Street entrances is approved with best endeavours be made to retain the heritage fabric including timber surrounds, pediment detailing, stained glass windows and sidelights.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing the doorway features in accordance with the above requirement

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

Committee Resolution:

That pursuant to the Sullivans Cove Planning Scheme 1997, the Planning Authority Committee approve the application for partial demolition, new building and extension, change of use to office (consulting rooms) and Visitor Accommodation, and Adhesion to the former Theatre Royal Hotel at 31-35 Campbell Street, Hobart, 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 the Planning Application No. PLN-HOB-2025-0297 outlined in attachment A to this permit 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-2025-0127 dated 01/07/2025 as attached to the permit.

ENG 1A – 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.

Any damage must be immediately reported to 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.

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-2025-0127 dated 01/07/2025 as attached to the permit.

ENG 1B – Development Engineering – Protection of 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 written report and photos detailing any existing damage to the Hobart City Council’s infrastructure on or adjacent to the site must be provided to the City of Hobart. The report should include, but not be limited to property service connection points, roads, kerb and channel, buildings and structures, stormwater pits and manholes, footpaths, driveway crossovers and nature strips; both on and adjacent to the subject site.

The report and photos of the Hobart City Council’s infrastructure will be relied upon to establish the extent of any damage caused to the infrastructure during construction. In the event that the owner/developer fails to provide the report or photos to the City of Hobart, then any damage to the infrastructure found on completion of works will be deemed to be the responsibility of the owner.

ENV 2 - Environmental Planning - Erosion and Sediment Control 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 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.  The SWMP must detail temporary site drainage. 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.

ENG SW1 - Development Engineering – Stormwater

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, and impervious surfaces such as driveways and paved areas) must be drained via gravity to the Council's stormwater system with sufficient receiving capacity prior to occupancy or commencement of use (whichever occurs first).

SW 7 - Stormwater – Design

Prior to occupancy or the commencement of the use (whichever occurs first), any new stormwater connection must be constructed and existing redundant connection(s) be abandoned and sealed at the owner’s expense.

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

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

2.      Confirmation any connection shown as to be abandoned serves only this property;

3.      The size and design of the connection such that it is appropriate to safely service the development;

4.      Clearances from any nearby obstacles (eg services, crossovers, trees, poles, walls) on the plan and long-section;

5.      Long-sections of the proposed connection clearly showing cover, size, grade, material, access points, and delineation of public and private infrastructure;

6.      Connections which are free-flowing gravity driven; and

7.      Be in general accordance with Council's departures from the LGAT Tasmanian Standard Drawings, available from our website.

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

Advice: 

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

The connection drawings must include the accurate location of the potential clashing services.

It appears a non-standard connection is required. All efforts practical to run the connection in a straight line are required.

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

SW 9 - Stormwater – Design

A site plan which clearly shows the total proposed area of new impervious surfaces 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). This must be in accordance with the final landscaping plan.

Should this show more than 500m2 of new impervious area is proposed for the site, either treatment must be installed or a cost-contribution be made.

Should treatment be proposed, it must be installed prior to occupancy or the commencement of the approved use (whichever occurs first).

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

1.      include detailed design of a treatment train, including 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.

OR

Should a cost contribution be proposed, a cost estimate for the design, provision and installation of a system that meet the State Stormwater Strategy targets for the whole proposed development must be provided and agreed upon. A sum equivalent to the cost estimate is to be paid to the Council in accordance with Councils Stormwater Policy. If this option is selected the contribution must be paid prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first).

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.

Council strongly encourages the incorporation of water sensitive urban design principles such as water-saving fixtures and landscaping design, in accordance with SCPS Schedule 8.

HER 1

Detailed drawings must be submitted showing how the existing chimneys to the Sackville Street elevation will be incorporated into the new structure. The design of the surrounding facades must be sympathetic in detail, materials and colour to ensure the early features are retained, protected, conserved and maintained.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing the detailed design in accordance with the above requirement.

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

Advice:

The applicant may wish to consider changes to the Campbell Street and Sackville Street facades that allow a greater visual connection to the existing Theatre Royal Hotel facades. This may include changes to the fenestration pattern, alignment of windows and an increased setback from the front façade.

HER 2

Modifications to the entry doorway features to the Sackville Street and Campbell Street entrances is approved with best endeavours be made to retain the heritage fabric including timber surrounds, pediment detailing, stained glass windows and sidelights.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing the doorway features in accordance with the above requirement.

HER 3

Prior to the issue of any approval under the Building Act 2016, including any approval for demolition, archival quality, annotated photographs of the building and all features to be demolished must be recorded and submitted to Council.  Electronic and hard copy colour images must be provided.  Cross referencing of all photographs to the existing floor plan showing the location of each photograph must also be provided.

The photographs must include:

·        Each exterior elevation of the building,

·        The interior of the building,

·        Architectural design detailing of the building (e.g. ceiling roses, fireplaces and mantels, staircases, picture rails, stained glass windows, pressed metal ceilings),

·        Outbuildings, and

·        Photographs of any detail that may be of historical or architectural interest.

HER 4

Demolition and salvage must be undertaken to ensure the protection and reuse where possible of heritage fabric. Documentation must be submitted and approved as a Condition Endorsement, prior to the commencement of work.

The documents must:

1.      Indicate what elements are to be salvaged,

2.      How and if elements will be used and reused, stored or relocated to an alternative site,

3.      How and if the demolition is to be staged,

4.      How recording of the structure is to occur, and

5.      The form of the recording.

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

HER 12

A detailed colours, materials and finishes palette must be submitted showing the selected colours, materials and finishes and how these will be applied across the facades of the new development as well as the Theatre Royal Hotel facades.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing exterior colours, materials and finishes in accordance with the above requirement.

HER 21

All onsite excavation and disturbance must be archaeologically monitored. Should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

1.      All excavation and/or disturbance must stop immediately; and

2.      A qualified archaeologist must be engaged to attend the site and provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and

3.      All and any recommendations made by the archaeologist engaged in accordance with 2. above must be complied with in full; and

4.      Features and/or deposits discovered must be reported to the Council with 2 days of the initial discovery; and

5.      A copy of the archaeologist's advice, assessment and recommendations obtained in accordance with 2. above must be provided to Council within 60 days of receipt of the advice, assessment and recommendations.

Excavation and/or disturbance must not recommence unless and until approval is granted from the Council.

Advice:

Archaeological features or deposits may include foundations and building materials such as sandstone and brick, or occupational debris such as ceramic, glass, jewellery, or metal pieces relating to use of the property. These could be uncovered in the underfloor spaces below floorboards and across the site when excavating.

ADVICE

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

BUILDING PERMIT

You may need building approval in accordance with the Building Act 2016, further details are available on the Council’s website, which may assist you in understanding the relevant requirements.

A checklist has also been developed by Consumer, Building and Occupational Services (CBOS) to help property owners understand their responsibilities before, during, and after building work. It outlines the key steps in the building work approval process for notifiable (medium risk) and permit (high risk) work under the Building Act 2016. This resource is designed to support owners in meeting their obligations and ensuring a smooth approvals process. You can access the checklist here. 

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. Further details are available on the Council’s website, which may assist you in understanding the relevant requirements.

A checklist has also been developed by Consumer, Building and Occupational Services (CBOS) to help property owners understand their responsibilities before, during, and after building work. It outlines the key steps in the building work approval process for notifiable (medium risk) and permit (high risk) work under the Building Act 2016. This resource is designed to support owners in meeting their obligations and ensuring a smooth approvals process. You can access the checklist here.

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.

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.

FUTURE USE– WASTE MANAGEMENT

It is recommended that the future Office and Visitor Accommodation use include Food Organics and Garden Organics (FOGO) bins for workers, and temporary residents on site.

BUILDING OVER AN EASEMENT

In order to build over the 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.

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

You may require a permit to construct public infrastructure. Please contact the Hobart City Council's Infrastructure and Assets Network to initiate the permit process.

NEW SERVICE CONNECTION

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

You may require a road closure permit for construction or special event. Click here for more information.

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

GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS

You may qualify for a General Exemption permit for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.

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.

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.

REDUNDANT CROSSOVERS

Redundant crossovers are required to be reinstated under the Hobart City Council’s Infrastructure By law. 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.

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.

WORK PLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially-contaminated soil, water, dust and vapours. Click here for more information.

PROTECTING THE ENVIRONMENT

In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." Click here for more information.

NOISE REGULATIONS

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

WASTE DISPOSAL

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

8.1      Delegated Decision Report (Planning)

Lohberger

That the recommendation contained within the officer report, marked as item 8.1 of the Open Planning Authority Committee Agenda of 10 September 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

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

8.2      Planning - Advertised Applications Report

Lohberger

That the recommendation contained within the officer report, marked as item 8.2 of the Open Planning Authority Committee Agenda of 10 September 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

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

Kitsos

That the following response to a question without notice, marked as  contained within the officer report, marked as item 9.1 of the Open Planning Authority Committee Agenda of 10 September 2025, be received and noted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That the response to the question without notice, marked as marked as item 9.1 of the Open Planning Authority Committee Agenda of 10 September 2025, be received and noted.

Delegation: Committee

Memorandum of the Director Strategic and Regulatory Services of 5 September 2025.

Question:       In August, the Tasmanian Planning Scheme came into effect and one of the Council recommendations was to alter the permitted changes of use in regards to the retailing of bulky items. The change was, that for any new Development Applications bulky items cannot be sold on the Ground Floor, sales must be on the first floor, but that retailers who already operate sales of bulky good on the ground floor will be able to continue to do so. When we were examining the definitions in regards to this condition of bulky item retailing, the only definition we could locate was a definition from NSW legislation in 2010, which, I believe is what we had based our recommendation on. I want clarification if this definition will be ported to the Tasmanian Definition?

Answer:         The definition of "Bulky Goods Sales" is defined in the Tasmanian Planning Scheme, that is the use of land for the sale of heavy or bulky goods which require a large area for handling, storage, and display. Examples include garden and landscape material supplies, rural supplies, timber yards, trade supplies, showrooms for furniture or electrical goods and floor coverings and motor vehicle, boat, and caravan sales.

Question:      If any organisations who currently sell bulky items would like to make a change (to their property), I would like to understand the significance of change which would trigger a new Development Application, which would then reexplore their suitability to continue operating as they are (selling bulky items on the ground floor), what is “substantial change” in the Development Application that would trigger the re-prosecution of the being able to retain their business where they are?

Answer:         The Central Business Zone has that requirement in regards to retailing of bulky goods (and previously had that requirement), the change to the use moved the bulky goods classification use class into a discretionary use class. In terms of how that affects future developments if they want to make alterations or extensions, the state planning provisions essentially downgrade that discretionary use to a permitted use as long as the proposal does not establish a new use or substantially intensify the existing use. For smaller alterations to properties with existing (sales of) bulky goods, it would be treated as a permitted use, it would only be if it is a substantial increase that it would be a considered a discretionary use, and even then, that allows discretion if it is an area where the sales of bulky goods dominate.  It is trying to address underutilisations of sites in those zones for the large-scale businesses where the land may be better used.

Question:      Can we please be supplied the definition of bulky goods under the Tasmanian Planning Scheme?

Answer:         The question was taken on notice.

Question:      Can the Committee be provided an update on the planning scheme amendment for the inclusion of a scenic protection area for the Eastern Face of Kunanyi?

Answer:         The planning scheme amendment is currently being worked on at the moment, the scenic protection code was initiated by Council whereas the other one was to be initiated by external applicants, the work is underway.

Question:      Can we get some advice about how Council could make pre application meetings with its Urban Design Advisory Panel mandatory for projects over a certain size? And an understanding of whether other capital cities have the mechanism to create that pre application conversation between the City's urban designers and major developers?

Answer:         We don’t have the statutory power under the act to force a developer into that process, we can only encourage them to do so, anyone can submit a planning application at any time and Council must assess it, so there is not a mechanism to do that, how we deal with that is a policy process we can manage it within our statutory timeframes and to require this pre approval would require an amendment of Land Use Planning and Approvals Act.

Questions:     Could the Council use rules in a particular purpose zone or a by-law to make pre application meetings with Urban Design Advisory Panel and developers for large projects mandatory?

Answer:         This question was taken on notice.

Question:      Can we get information from Tasports about the amount they have spent in the last 5 years on public realm upgrades/ improvements in the parts of Hobart’s waterfront they own?

Answer:         This question was taken on notice.

Question:        I have had an enquiry from a ratepayer at 4 Hatchery Court, West Hobart regarding the retaining wall at number 5 Hatchery Court, West Hobart which has stormwater erosion issues, could we get an update on that?

Answer:         This question was taken on notice.

Question:      When you are considering the pre application necessity or imperative for developers of large projects to make pre application meetings with the Urban Design Advisory Panel mandatory for projects over a certain size, in your response can you consider potential financial rebates or incentives that could be given if the application meets with UDAP pre application?

Answer:        This question was taken on notice.

Question:      Can the Planning Authority Committee be given advice on the merits of applying a particular purpose zone to the innovation precinct, with reference to the QWON from last meeting about prohibiting undesirable uses? 

Answer:         This question was taken on notice.