Minutes (Open Portion)

Council Meeting

Page 2

3/12/2018

Minutes (Open Portion)

Council Meeting

Page 4

3/12/2018

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 19 November 2018, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

DEPUTY LORD MAYOR Burnet

Sexton                                                     That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

The Lord Mayor acknowledged the work undertaken by the City’s staff on the Lenah Valley streetscape upgrade project. The completion of the project was celebrated on Saturday 1 December 2018 with a well-attended community street party.

The Lord Mayor also acknowledged 25 years of the City’s Bushcare program and the significant contributions made to Hobart’s bushland by City staff and over 490 active community volunteers. The Bushcare 25 Year Birthday Celebration event was held on Sunday 2 December 2018 at the Queens Domain Community Hub.

The General Manager presented a petition in relation to motorsport at the Hobart Queens Domain.

The petition called for the Hobart City Council to reinstate the proposed amendments to the Domain Summit Plan as put forward by Council staff to the Parks and Recreation Committee on 9 August 2018, specifically to:

·         Install removable (rather than fixed) speed humps on the Upper Domain Road (from the crossroads to the summit)

·         Allow for the opening of the boom gates on the summit loop for events

·         Allow for approval of motorsport events at the Domain, as they have been a part of the history of the Domain for 70 years

There were 1845 signatories on the petition.

DEPUTY LORD MAYOR Burnet

Briscoe

That the petition be referred to the Parks and Recreation Committee.

MOTION CARRIED

VOTING RECORD

9.1      70 Macquarie Street, Hobart - Tree Removal

Ref:    Open CPC 7.1.2, 26/11/2018

Application Expiry Date: 21 December 2018

Extension of Time: Not applicable

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for Tree Removal at 70 Macquarie Street HOBART for the reasons outlined in the officer’s report, attached to item 7.1.2 of the Open City Planning Committee agenda of 26 November 2018 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­447 ­ 70 MACQUARIE STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

HER 6

Any excavation over 300mm for the planting of a tree replacement must be monitored by a suitably qualified archaeologist. 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.    The qualified archaeologist must 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.    All features and/or deposits discovered must be reported to the Council with 1 day of the discovery; and

5.    A copy of the archaeologists advice, assessment and recommendations obtained in accordance with paragraph (2) above must be provided to Council within 30 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.

Reason for condition

To ensure that work is planned and implemented in a manner that seeks to understand, retain, protect, preserve and manage significant archaeological evidence.

Denison

Briscoe                                                          That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      18 McKellar Street, South Hobart 46-48 Molle Street, West Hobart Adjacent Road Reserve - Path Extension and Associated Works and Landscaping

Ref:    Open CPC 7.2.1, 26/11/2018

Application Expiry Date: 27 December 2018

Extension of Time: Not applicable

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for path extension and associated works and landscaping at 18 McKellar Street & 46­48 Molle Street & adjacent road reserve for the reasons outlined in the officer’s report, attached to item 7.2.1 of the Open City Planning Committee agenda of 26 November 2018 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­261 ­ 18 MCKELLAR STREET & 46­48 MOLLE STREET & ADJACENT ROAD RESERVE ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by 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, Rivulet banks, stormwater, footpaths, driveway crossovers and nature strips, including if any, pre­existing 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 site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENG s2

Prior to the commencement of works within the McKeller Street Highway Reservation detail plans must be submitted and approved by the Director City infrastructure showing the following:

1.    Details of the fall and slope on the path and matching into existing, in accordance with the Tasmanian Standard Drawings.

2.    Details of the proposed driveway access, in accordance with the Tasmanian Standard Drawings.

3.    Location of vegetation and landscaping, including the removal of the obsolete gravel ramp.

4.    Details of ownership of the electrical conduit and meter along with how it will be placed Dial Before You Dig.

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

Advice:

·     Once the plans have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

·     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.

Reason for condition

To ensure that works will comply with the Council’s standard requirements.

ENV 2

Sediment and erosion control measures, sufficient to prevent sediment 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 must be submitted 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 Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here. The SWMP must also demonstrate how the rivulet bank and wall will be protected from inappropriate loading during construction.

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

Advice:

·     Once the SWMP has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

·     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.

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.

HER s1

The sandstone block wall within the former garden of 18 McKellar Street must be retained in its entirety or re­used within the site to make a positive contribution to the heritage values of the site.

Documentation must be submitted and approved, prior to the commencement of work. The documentation must set out the proposed retention of the sandstone block wall within the former garden of 18 McKellar Street in its entirety or provide details of the re­use of the sandstone blocks within the site in such a way that it makes a positive contribution to the ability of the precinct to reflect its built industrial heritage.

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

Advice: Once the documents have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement). 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.

Reason for condition

To ensure that works and landscaping within Heritage Precinct Hobart Rivulet 1 do not result in the loss of historic cultural heritage values.

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

As a condition endorsement is required by a planning conditions above, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning

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.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

CONDITION ENDORSEMENT ENGINEERING

All engineering drawings required to be submitted and approved by this planning permit must be submitted to the City of Hobart as a CEP (Condition Endorsement) via the City’s Online Service Development Portal. When lodging a CEP, please reference the PLN number of the associated Planning Application. Each CEP must also include an estimation of the cost of works shown on the submitted engineering drawings. Once

that estimation has been confirmed by the City’s Engineer, the following fees are payable for each CEP submitted and must be paid prior to the City of Hobart commencing assessment of the engineering drawings in each CEP:

Value of Building Works Approved by Planning Permit Fee:

·     Up to $20,000: $150 per application.

·     Over $20,000: 2% of the value of the works as assessed by the City's Engineer per assessment.

These fees are additional to building and plumbing fees charged under the Building and Plumbing Regulations.

Once the CEP is lodged via the Online Service Development Portal, if the value of building works approved by your planning permit is over $20,000, please contact the City’s Development Engineer on 6238 2715 to confirm the estimation of the cost of works shown on the submitted engineering drawings has been accepted.

Once confirmed, pleased call one of the City’s Customer Service Officers on 62382190 to make payment, quoting the reference number (ie. CEP number) of the Condition Endorsement you have lodged. Once payment is made, your engineering drawings will be assessed.

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.

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

WORK WITHIN THE HIGHWAY RESERVATION

Please note development must be in accordance with the Hobart City Council’s

Highways By law. Click here for more information.

DIAL BEFORE YOU DIG

Click here for dial before you dig information. 

Denison

Thomas                                                           That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.3      47 - 51 Salamanca Place, Battery Point - Change of Operating Hours

Ref:    Open CPC 12, 26/11/2018

Application Expiry Date: 5 December 2018

Extension of Time: Not applicable

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for change of operating hours at 47­51 Salamanca Place, Battery Point for the reasons outlined in the officer’s report attached to supplementary item 12 of the Open City Planning Committee agenda of 26 November 2018 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­754 ­ 47­51 SALAMANCA PLACE BATTERY POINT TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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.

NOISE REGULATIONS

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

FEES AND CHARGES

Click here for information on the Council's fees and charges.

Denison

BRISCOE                                                          That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.4      47 - 51 Salamanca Place, Battery Point - Change of Operating Hours

Ref:    Open CPC 13, 26/11/2018

Application Expiry Date: 6 December 2018

Extension of Time: Not applicable

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for change of operating hours at 47­51 Salamanca Place, Battery Point for the reasons outlined in the officer’s report, attached to supplementary item 13 of the Open City Planning Committee agenda of 26 November 2018 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­755 ­ 47­51 SALAMANCA PLACE BATTERY POINT TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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.

NOISE REGULATIONS

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

FEES AND CHARGES

Click here for information on the Council's fees and charges.

Denison

Briscoe                                                          That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.5      34 Church Street (CT173355/1) and 34 Church Street (CT173355/2), North Hobart - Multiple Dwellings

Ref:    Open CPC 14, 26/11/2018

Application Expiry Date: 4 December 2018

Extension of Time: Not applicable

PART A

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for multiple dwellings at 34 Church Street (CT173355/1 and CT173355/2), NORTH HOBART for the reasons outlined in the officer’s report, attached to supplementary item 14 of the Open City Planning Committee agenda of 26 November 2018 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­407 ­ 34 CHURCH STREET (CT173355/1 and CT173355/2) NORTH HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2018/01054­HCC dated 05 July 2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

THC

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: 5638 dated 17 August 2018, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, retaining wall ag drains and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior to first occupation.

Reason for condition

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

ENG 3a

The driveway and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004.

Reason for condition

To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.

ENG 4

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.

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 5

The number of parking spaces approved on the site is:

·     Lot 1 (28 Church Street): four (4) user class 1A car parking spaces, one for each dwelling.

·     Lot 1 (28 Church Street): two (2) motorcycle parking spaces

·     Lot 1 (28 Church Street): four (4) bicycle parking spaces (designed to Australian Standard AS/NZS 2890.3:2015 Class C), one for each dwelling.

·     Lot 2 (32 Church Street): three (3) user class 1A car parking spaces, minimum one for each dwelling.

·     Lot 2 (32 Church Street): two (2) bicycle parking spaces (designed to Australian Standard AS/NZS 2890.3:2015 Class C), one for each dwelling.

All parking spaces on Lot 2 (32 Church Street) 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 first occupation.

Advice: On­street residential parking permits are unlikely to be approved by Council for this development.

Reason for condition

To ensure the provision of parking for the use is safe and efficient, and that the deficiency of parking is distributed across all dwellings.

ENG 8

The use of the car parking spaces is restricted to User Class 1A (residential parking) in accordance with Australian Standards AS/NZS2890.1 2004 Table 1.1.

A sign in accordance with Australian Standards AS/NZS1742.11:2016, must be erected at the entry of the parking accesses (both Lot 1 and Lot 2) to indicate the parking area is for residents only prior to first occupation.

Reason for condition

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

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by 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, pre­existing 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 site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENG 13

The front fencing/wall (including any gate and screening vegetatoin) at both Lot 1 (28 Church Street) and Lot 2 (32 Church Street) must allow adequate sight distance between user vehicles, cyclists and pedestrians.

Adequate sight distance between user vehicles, cyclists and pedestrians may be achieved by one of the following methods:

·     Compliance with Australian/NZ Standard, Parking facilities Part 1: Off­ street car parking AS/NZS 2890.1: 2004 Fig 3.3, or

·     The front fencing/wall and screening vegetation to be maintained at less than 1.2m in height for a distance 2.0m either side of the access driveway.

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

Advice:

·     A very slight chamfer to the study wall on Unit 2 Lot 2 (32 Church Street) would allow the second car parking space to be able to turn around on site. This would increase the amenity, ease of use and sight distance for exiting vehicles.

Reason for condition

To ensure the safety of vehicles entering and leaving the development and of pedestrians and traffic in the vicinity.

ENV 2

Sediment and erosion control measures, 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 must be submitted 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 Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.

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

Advice: Once the SWMP has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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.

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.

HER 11

The existing sandstone walling fronting Church Street must be retained.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing the retention of the sandstone walling in accordance with the above requirement.

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

Reason for condition

To ensure that development within a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER 17

The palette of exterior colours and materials must reflect the palette of materials within the local streetscape and precinct.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved by the Director City Planning showing exterior colours and materials in accordance with the above requirement.

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

Reason for condition

To ensure that development is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

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 a condition endorsement is required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning

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.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

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.