Minutes (Open Portion)

Council Meeting

Page 3

4/11/2019

Minutes (Open Portion)

Council Meeting

Page 21

4/11/2019

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 21 October 2019, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Burnet

Ewin                                                           That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Briscoe

Sexton

Thomas

Denison

Harvey

Behrakis

Dutta

Ewin

Sherlock

The Lord Mayor provided the following address to the meeting in respect the first 12 months of office:

In November 2018, a new Council was sworn in after the community elected four new members, a new Lord Mayor and Deputy Lord Mayor.

The mix of new and previously elected members, men and women, younger and older, as well as the diversity of perspectives has made this Council very interesting and more reflective of Hobart’s population.

The past year has seen many decisions taken by this Council which we can be proud of – we have agreed to policies, approved funding and designs for projects, worked on and signed off on strategies and worked with other levels of government and stakeholders to drive change.

I feel very positive about the future of Hobart and, working in collaboration with you and all areas of Council, we can look forward to many more achievements as we prepare for the next three years of our term.

HIGHLIGHTS

Hobart leads the war on waste

• In a first by any Australian municipality, the Council resolved to undertake a process to create a new by-law to reduce the use of single-use plastics in Hobart. This by-law will not allow plastic takeaway containers, cutlery and straws to be used for food and drinks packed in the city.

In taking this step the Council is taking a leadership stance locally on a global problem. This bylaw is currently going through the state approval process but makes Hobart national and international leader in tackling this issue.

• Another highlight of our city’s work to achieve zero waste to landfill by 2030 was Council’s decision to provide a food organics and garden organics collection service, starting this year.  This service will start this year and is expected to divert up to 3200 tonnes of organic waste from landfill annually and reduce the city’s greenhouse gas emissions.

Advocacy and Action on Homelessness

• Council moved quickly to respond to growing public concern about homelessness and people sleeping rough in our streets and parks. We acknowledged the crisis and initiated a number of actions, starting with convening an urgent forum. This crisis forum was attended by the Federal and State Minister, a wide range of organisations and was the focus of strong media and public interest. One outcome was the formation of the Greater Hobart Homelessness Alliance which the city convenes. In the few months since it started it has advocated successfully for additional crisis shelter beds, waiving the historic housing debt and is now working to establish a Safe Night Space for rough sleepers in the city.

The Council’s decision to also establish the ‘Housing with Dignity’ group comprising community members with lived experience of homelessness or severe housing stress is another action demonstrating this Council’s commitment to this issue.

Strategic City Planning initiatives

With Hobart growing rapidly, this Council has made several decisions which recognize the need to plan more strategically to ensure we create a livable city the community can be proud of.

Central Hobart Precinct Plan - in another first, the Council agreed to work with the Tasmanian Government to develop a Master Plan to shape future development of central Hobart.  The Central Hobart Precinct Plan will examine future population, social, environmental and economic trends, and develop a plan that addresses preferred building design and heights, traffic and movement, infrastructure and public space needs and housing supply opportunities.

Greater Hobart City Deal - the Council joined with Clarence, Glenorchy and Kingborough Councils to sign the $1.6 billion partnership agreement between the four metropolitan Councils, the Australian and Tasmanian Governments. The Deal will guide infrastructure investment over the next 10 years and it identifies key projects needing government support such as improved public transport, affordable housing and urban renewal of the Northern Suburbs Rail Corridor.

Greater Hobart Act – the Council also became part of a strategic new alliance with the four metropolitan Councils and the State Government, established by an act of parliament. As a result of this new collaboration more regular meetings are taking place between the Mayors of the four Councils to engage on citywide issues such as transport and traffic.

Greening Hobart

To meet our Street Tree target of 40 per cent canopy cover by 2046, the Council agreed to call for the community’s help to choose where to plant hundreds of new trees over the next five years. More than 200 community members let Council know where they'd like to see new trees which will provide us with a good guide of where to start greening our streets.

Council has also submitted to the Tasmanian Planning Commission nominations for 741 new trees (representing 40 different species) to our ‘Register of Significant Trees’. This means the trees will be recognised in our planning scheme and need a permit to be removed.

City Development Achievements

The Council has approved the development of publicly funded infrastructure and private sector applications. In the last year Council has also overseen the finalization and opening of several important city projects

Pedestrian and cycling infrastructure

• The Bridge of Remembrance was opened this year with the Rose Garden Bridge soon to be open.  These two new pedestrian and cycle bridges provide better connections between the city centre and Cenotaph to the Queens Domain’s public spaces and sporting facilities and Glebe.

• Further pedestrian upgrades of Salamanca Place were approved and work has now commenced on infrastructure that will provide a high-quality, safe and people-friendly revamp to this iconic part of Hobart.

• New pedestrian and bike projects have been approved for Molle Street and Campbell Street. Lobbying of the Federal Government also secured funding for new bike lanes in Ferntree.

• The Macquarie Street Shopping area in South Hobart is now safer for pedestrians, with new pedestrian lights, wider footpaths and level road crossings. In Hill Street, West Hobart a new raised pedestrian crossing was also opened providing a safer crossing in that neighbourhood.

Investing in the Mountain

• Council officially opened its $2 million Great Short Walk restoration project which restored the hundred year old Organ Pipes Track, making it accessible people of all walking abilities. The historic Exhibition Gardens track was also restored and opened.

• Ferntree Park works were approved and commenced, helped along as a result of lobbying the Federal Government for additional funds to make the project complete.

• With growing numbers on the mountain we are thinking strategically about managing these issues within limited resources. The City worked with the private company to provide a public bus service above the snow day road closures. Council also approved ongoing work to identify and plan for a suitable location for a future Visitor Centre.

Investing in our local neighborhoods and communities

• The Council continued its work on rejuvenating our local retail precincts. The Lenah Valley project was opened, and designs and funding were approved for the New Town retail precinct, where work has now started.

• Council also approved the precinct design principals established by the Mid-Town Design working group, who have run a series of workshops to identify the aspirations and priorities of the people who live, work, study, shop or operate a business in the precinct.

• A new amenities building featuring showers, toilets and dedicated rooms for parents and people with high needs was officially opened in Kemp Street, located at the Argyle Street carpark.

• Provided support and grant funding of $989,679.00 to approximately 126 community groups. This co-investment in community initiatives created community cohesion and economic activity.

Private development in the City

• In the last year the Council has approved 85 developments worth an estimated $133,757,300. These Council approved developments include 187 residential dwellings (30 applications) and 223 hotel rooms (5 applications).

These Council approved projects account for just 9.6% of all development applications assessed by the City in the last year, with more than 795 planning decisions delegated to officers.

• UTAS announced its move to the CBD which will be a major driver of city development over the next decade with an estimated $600 million to be invested by the institution to develop new buildings in the city.

To ensure it makes a fair contribution to the City’s infrastructure and following advocacy by the Council, the University has made a 10-year commitment to pay the equivalent of the general rate on its inner-city properties.

Investing in a Creative Hobart

• Council continued its commitment to investing in a creative and cultural city by signing off on a three-year funding deal for the Taste of Tasmania and a two-year funding deal for Dark Mofo.

• During the year, Council also resolved to consider an increase of $100,000 to its public art funding in next year’s budget deliberations and further investigate the potential of implementing an art levy on large private developments.

Supporting Issues of Community Interest

There are many issues where the Council has voted to add its voice to community campaigns or join with organisations to advance reform on matters affecting residents. In the last year these have included:

·         Council committed to participating in the Welcoming Cities Network to ensure we are a safe and multicultural place. 

·         Council convened two public meetings at the City Hall in response to community petitions regarding building heights and the cable car proposal.

·         The Council made decisions to declare a Climate and Biodiversity Emergency, to join the International Cities Appeal for a prohibition on nuclear weapons, to support the campaign to increase the rate of the New Start Alliance and to participate in the National Redress Scheme for people who experienced institutional child sexual abuse.

·         Council also supported community vigils in response to violent attacks in both New Zealand and Sri Lanka

New City Strategies

Council was involved in the development and approval of a number of important new strategic documents which will guide the work of staff over coming years and will communicate the city’s direction to the community. These include:

• Connected Hobart to provide a roadmap for the City to use technology and data to better service the community’s needs and manage resources, drive economic activity and foster innovation.

• Aboriginal Commitment and Action Plan to work with Aboriginal people and promote this history and culture in Hobart.

• An expansion of smoke-free areas in Hobart to promote health and well-being in the community.

·         Developed and adopted the City of Hobart Capital City Strategic Plan 2019-29 to guide all aspects of the City’s operations for the next decade with a focus on connectivity, inclusion, environmental leadership, culture and creating a sense of place.

The Business of Council - fact and figures

• 25 Council Meetings
• 131 Committee Meetings
• 12 Elected member workshops and briefings

·         As a Council, we formulated a balanced budget for 2019/20 to service a population of more than 50,000 residents and almost 1.1 million tourists each year which included a 3.25 per cent rates increase and a $37 million spend on capital works.

Lord Mayoral Statistics

• Had 471 Meetings
• Attended or officiated at 196 launches or openings
• Hosted 27 Lord Mayoral or Council Receptions

·         As the Chair-city for 2019, hosted a Council of Capital Lord Mayor’s (CCCLM) Meeting in Hobart and has advocated successfully for CCCLM to prioritise its advocacy efforts on the issues of homelessness and climate change for the next few years.

The Lord Mayor then invited Elected Members to make any comments about the achievements of Council over the past 12 months.

The following Elected Members then addressed the meeting:

Deputy Lord Mayor Councillor Burnet, Alderman Briscoe, Alderman Denison, Councillor Harvey, Alderman Behrakis, Councillor Dutta, Councillor Ewin and Councillor Sherlock.

9.1      7 Swan Street, North Hobart - Alterations (Re-Roofing)

Ref:    Open CPC 7.1.1, 28/10/2019

Application Expiry Date: 5 November 2019

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations (Re­Roofing) at 7 Swan Street, North Hobart for the reason that the proposal does not detract from the heritage values of the precinct through the use of non-traditional material (Colorbond) and finishes in the re-roofing of a Victorian house, 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 PLN-19-482 - 7 SWAN STREET NORTH HOBART TAS 7000 - FINAL PLANNING DOCUMENTS except where modified below.

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: 5997 dated 27 September 2019, as attached to the permit. 

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, by-laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

BUILDING 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.

REUSE OF REMOVED SLATE

You are encouraged to explore recycling any undamaged slate removed for the roof either for onsite use or alternatively on slate roofed buildings within the vicinity.

Briscoe

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      190 Macquarie Street, Adjacent Road Reserve, Hobart - Demolition and New Building for Four Multiple Dwellings and Works in a Road Reserve

Ref:    Open CPC 7.1.2, 28/10/2019

Application Expiry Date: 8 November 2019

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for demolition and new building for four multiple dwellings and works in road reserve at 190 Macquarie Street, Hobart for the following reasons:

1.    The proposal does not meet clause E.13.8.2 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the design and siting of buildings and works will result in detriment to the historic cultural heritage significance of the precinct, as listed in Table E13.2.

2.    The proposal does not meet clause E.9.7.2 A1 or P1 of the Hobart Interim Planning Scheme 2015 because development for sensitive use will result in potential to be impacted by environmental harm from use with potential to cause environmental harm, having regard to all of the following:

(a)     the nature of the use with potential to cause environmental harm; including:

(i)   operational characteristics;

(ii)    scale and intensity;

(iii)   degree of hazard or pollution that may emitted from the activity;

(b)     the degree of encroachment by the sensitive use into the Attenuation Area or the attenuation distance;

(c)     measures in the design, layout and construction of the development for the sensitive use to eliminate, mitigate or manage effects of emissions.

Burnet

Sherlock                                            That the recommendation be adopted.

Amendment

Briscoe

Dutta                                                                                                                           

That clause 1 becomes clause 1(a) and a new clause 1(b) be included which reads as follows:

1(b)  That the proposal does not meeting the acceptable solution or the performance criteria with respect the clause E13.7.2 P2 (a) to (d) of the Hobart Interim Planning Scheme 2015 because the proposed development will not be subservient to complementary to the heritage place because of its scale, bulk, built form, sitting with respect to Coreen and the use of dominant materials and colours.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for demolition and new building for four multiple dwellings and works in road reserve at 190 Macquarie Street, Hobart for the following reasons:

1a.  The proposal does not meet clause E.13.8.2 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the design and siting of buildings and works will result in detriment to the historic cultural heritage significance of the precinct, as listed in Table E13.2.

1b. The proposal does not meeting the acceptable solution or the performance criteria with respect the clause E13.7.2 P2 (a) to (d) of the Hobart Interim Planning Scheme 2015 because the proposed development will not be subservient to complementary to the heritage place because of its scale, bulk, built form, sitting with respect to Coreen and the use of dominant materials and colours.

2.    The proposal does not meet clause E.9.7.2 A1 or P1 of the Hobart Interim Planning Scheme 2015 because development for sensitive use will result in potential to be impacted by environmental harm from use with potential to cause environmental harm, having regard to all of the following:

(a)     the nature of the use with potential to cause environmental harm; including:

(i)   operational characteristics;

(ii)    scale and intensity;

(iii)   degree of hazard or pollution that may emitted from the activity;

(b)     the degree of encroachment by the sensitive use into the Attenuation Area or the attenuation distance;

(c)     measures in the design, layout and construction of the development for the sensitive use to eliminate, mitigate or manage effects of emissions.

9.3      30 McRobies Road (CT 160085/3 and CT 126957/1) South Hobart - Partial Demolition, New Washdown Facility and Associated Works

Ref:    Open CPC 7.1.3, 28/10/2019

Application Expiry Date: 8 November 2019

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, new washdown facility and associated works at 30 McRobies Road (CT 166085/3 & CT 166085/5 & CT 126957/1) South Hobart TAS 7004 for the reasons outlined in the officer’s report, attached to item 7.1.3 of the Open City Planning Committee agenda of 28 October 2019 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 PLN­19­200 30 MCROBIES ROAD SOUTH HOBART TAS 7004 ­ 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 2019/00583­HCC dated 17th May 2019 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 commencement of use.

Reason for condition

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

ENG sw2.1

A pre­construction CCTV recording of the Council’s stormwater main within/adjacent to the proposed development, along with photos of any drainage structures to be connected to or modified, must be submitted to Council prior to the commencement of work.

The post­construction CCTV recording and photos will be relied upon to establish the extent of any damage caused to Council’s stormwater infrastructure during construction. If the owner/developer fails to provide Council with pre­construction CCTV recording then any damage to Council’s infrastructure identified in the post­construction CCTV recording will be deemed to be the responsibility of the owner.

Reason for condition

To ensure that any of the Council infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENG sw2.2

A post­construction CCTV recording of the Council’s stormwater main 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 Council upon completion of work.

The post­construction CCTV recording and photos will be relied upon to establish the extent of any damage caused to Council’s stormwater infrastructure during construction. If the owner/developer fails to provide Council with pre­construction CCTV then any damage to Council’s infrastructure identified in the post­construction CCTV will be deemed to be the responsibility of the owner.

Reason for condition

To ensure that any of the Council infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENG sw6

The new stormwater connection and drainage infrastructure must be constructed (the new connection to be completed by the Council at the owner’s expense), prior to the commencement of use.

Detailed engineering drawings and supporting computations for the proposed new stormwater connection and drainage infrastructure must be submitted and approved prior to commencement of work. The detailed engineering drawings and supporting computations must:

1.     Be prepared by a suitably qualified person;

2.     Clearly show the location, size, pipe type and class, invert levels, and method of construction of the proposed connection;

3.     Include longitudinal section(s)/levels and grades to the point of discharge;

4.     Include a trafficable wash­water containment bund across the entrance to the wash bay;

5.     Include appropriate scour protection at the end of the asphalt lined swale drain;

6.     Provide detail of the power trench where it crosses Council's 1500mm main including levels, depths, clearances, cover etc; and

7.     Show 3% CSFCR backfill in the power trench where it crosses Council's 1500mm main.

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

Advice:

An application for a new stormwater connection is required

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

Consent from the General Manager of the Council in accordance with section 73 Building Act 2016 will be required for any building work over an existing drain or within on metre from the edge of the existing drain measured horizontally. Also consent is required from all parties with the benefit of the easement in accordance with section 74 Building Act 2016 for any works proposed within the easement. In order to obtain consent from the General Manager of the Council, it is required that a request to the General Manager of Council is made for consent. The request should be supported by the written consent of all parties with the benefit of the easement confirming their consent to the proposed works within the easement. If Council grants a permit authorising the proposal under the Land Use Planning and Approvals Act 1993 and Hobart Interim Planning Scheme 2015, works must not commence unless and until the consent is obtained under Building Act 2016 to the proposed works involving or in proximity of existing drains and service easements, and all conditions of such consent are complied with.

Clearance between footings or other works must be to the nearest outside edge of the Council stormwater main and clearly shown on the drawings.

Where applicable, zone of influence is to be clearly shown on the drawings.

Reason for condition

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

ENG 4

The access driveway and truck turning 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 commencement of use.

Reason for condition

To ensure the safety of users of the access driveway and turning area, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.

ENV 1

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or re­vegetated.

Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

Reason for condition

To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.

ENVHE 1

Recommendations in the report titled 'Potentially Contaminated Land Code: Environmental Site Assessment (PCLC ESA) Report ­ 30 McRobies Road, South Hobart, Version R01' (the Report) must be implemented during the excavation works:

1.      'Direct Contact with PCS' and 'Ingestion of PCS' as listed in 'Table 3: Onsite controls and screening during excavation works' of the Appendix A ­ Contamination Management Plan.

2.      The Report does confirm that excavated material is suitable for reuse onsite, however if it is planned to be removed from the investigation area, the EPA Information Bulletin 105 'Classification and Management of Contaminated Soil for Disposal' must be implemented.

Reason for condition

To ensure that the works are carried out with minimal risk to workers and the environment.

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 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 6238 2190 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.

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.

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 City Amenity Division 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 COUNCILS' 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 City Amenity Division.

STORM WATER / ROADS / ACCESS

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

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.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Burnet

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.4      Significant Trees Amendment - Hobart Interim Planning Scheme 2015 - PSA-19-3 - S39 Consideration of Representations

Ref:    Open CPC 7.1.4, 28/10/2019

Burnet

Ewin                                                       

That the recommendation contained in the Officer’s report marked as Attachment A to item 9.4 of the Open Council agenda of 4 November 2019, be adopted.

Procedural Motion

Briscoe

Behrakis                                                                                                                    

That clause 2 (a) of the Officer recommendation be deferred.

PROCEDURAL MOTION CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:     1.    Pursuant to Section 39(2) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council endorse this report as the formal statement of its opinion as to the merit of the representations received during the exhibition of the draft PSA-19-3 Amendment.

2.      Pursuant to Section 39(2) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council recommend to the Tasmanian Planning Commission that the PSA-19-3 Amendment to the Hobart Interim Planning Scheme 2015 be finally approved, with the following changes:

(a)      Amendment of the listing Ref. No. S29 to include a third Eucalyptus globulus (Tasmanian blue gum) at 894 Sandy Bay Road by updating the address from ‘892’ to ‘892 and 894’ and changing the number of trees from ‘2’ to ‘3’;

(b)      Deletion of listing Ref. No. D22 for 8 Cupressus torulosa (Bhutan cypress) at 70 Davey Street;

(c)      Deletion of listing Ref. No. L36 for 1 Eucalyptus morrisbyi (Morrisby’s gum) at Lower Jordan Hill Road (nature strip adjacent no. 60);

(d)      Insertion of a new Amendment PSA-19-3-5 to update Appendix 1 - Referenced and Incorporated Documents of the Hobart Interim Planning Scheme 2015 by omitting the date ‘14 June 2012’ and substituting the date ‘4 November 2019’ in reference to the City of Hobart Significant Tree Register.

3.      The insertion of listing Ref. No. E8 for 1 Fraxinus velutina (velvet ash) at 284-290 Elizabeth Street, be deferred for further consideration.

9.5      26 Lower Jordan Hill Road, West Hobart - Subdivision (One Additional Lot)

Ref:    Supplementary Open CPC 12, 28/10/2019

Application Expiry Date: 9 December 2019

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for subdivision (one additional lot) at 26 Lower Jordan Hill Road, West Hobart for the reasons outlined in the officer’s report attached to supplementary item 12 of the Open City Planning Committee agenda of 28 October 2019 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 PLN­19­389 26 LOWER JORDAN HILL ROAD WEST 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 2019/01126­HCC dated 16/08/2019 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG 2a

Prior to the sealing of the final plan, 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 NCC2016 are also required in the parking module this area may be considered as a path of access to a building.

Reason for condition

To ensure the safety of users of the access driveway and parking module and compliance with the standard.

ENG 2c

Prior to the sealing of the final plan, vehicular barriers must be inspected by a qualified engineer and certification submitted to the Council confirming that the installed vehicular barriers comply with Australian Standard AS/NZS1170.1:2002.

Advice:

Certification may be submitted to the Council  via condition endorsement (see general advice on how to obtain condition endorsement)

Reason for condition

To ensure the safety of users of the access driveway and parking module and compliance with the relevant standards.

ENG 3c

The access driveway, and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the drawings approved in this planning permit or a Council approved alternative design.

Prior to the sealing of the final plan, documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the above drawings must be lodged with Council.

Advice:

Certification may be submitted to Council via condition endorsement (see general advice on how to obtain condition endorsement)

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) for the full length of the right of way and surface drained to the Council's stormwater infrastructure prior to the sealing of the final plan.

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 1

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, 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.

ENGR 3

Prior to the sealing of the final plan, the proposed driveway crossover to Lower Jordan Hill Road highway reservation must be designed and constructed in general accordance with:

·        Urban ­ TSD­R09­v1 – Urban Roads Driveways and TSD R14­v1 Type KC vehicular crossing

·        Footpath ­ Urban Roads Footpaths TSD­R11­v1

·        Or a Council City Amenity Division approved alternate design

Design drawings must be submitted and approved prior to the commencement of work. The design drawing 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.     Be designed for the expected vehicle loadings.

4.     Show swept path templates in accordance with AS/NZS 2890.1 2004(B85 or B99 depending on use, design template)

5.     If the design deviates from the requirements of the TSD then the drawings must demonstrate that a B85 vehicle or B99 depending on use (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

6.     Grated wedge, asphalt wedge and the standard open wedge driveway crossover are not permitted. Grated wedges are permited on highly used bike routes and details of the grate (ie mass) will be required. To gain access a concrete plinth to Councils standards may be constructed at the gutter. A drawing of a standard concrete plinth can be obtained from Councils Road Services Engineer. Note: that the agreement of the Council’s is required to adjust footpath levels.

7.     Be prepared and certified by a suitable qualified person, to satisfy the above requirement.

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

Advice:

The applicant is required submit detailed design documentation to satisfy this condition via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.

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 Council's Road Services Engineer and may require further planning approvals. It is advised to place a note to this effect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.

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.

ENG s1

Private sewer, stormwater (including surface drainage and retaining wall ag drains) and water services/connections are to be entirely separate to each lot and contained entirely within the lots served. Prior to the sealing of the final plan, the Developer must verify compliance of the Separation of Services by supplying the Council with an as­built Services Plan clearly indicating the location and details of all relevant services (entirely contained within their respective lots). The as­built 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 the sealing will not be process unless it is accompanied by documentation by a qualified person that clearly certifies that this condition has been satisfied and that all the work required by this condition has been completed.  A "qualified person" must be a Professional Engineer or Professional Survey or other persons acceptable to Council.

Reason for condition

To ensure that each lot is serviced separately and that the Developer provides the