Minutes (Open Portion)

Council Meeting

Page 3

7/12/2020

Minutes (Open Portion)

Council Meeting

Page 69

7/12/2020

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 23 November 2020, and the Special Joint Meeting of All Council Committees meeting held on Monday, 23 November 2020, 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.

The Lord Mayor presented an award and certificate for the 2020 Resilient Australia National Local Government Award which the City received on Friday 4 December 2020, for its suite of May 2018 flood projects, collectively known as ‘Resilient Hobart’.  The projects that responded to the recovery and resilience needs of impacted individuals, community groups and the broader community.

The award was presented at the National Museum in Canberra by Minister for Agriculture, Drought and Emergency Management, the Hon David Littleproud.

The projects were made possible through joint funding by the Australian and Tasmanian Governments under the Natural Disaster Relief and Recovery Arrangements.

The Lord Mayor advised that Councillor Jax Ewin has recently received two awards for Out for Australia: as a 30 Under 30 finalist, and the winner of the Young Professional of the Year.

Out for Australia’s 30 Under 30 Awards recognises young LGBTQIA+ people under the age of 30 who are making tangible contributions to bettering the lives of queer people in Australia, demonstrating success in their field, and living with authenticity, courage and resilience- demonstrating the qualities of a role model.

Out for Australia’s Young Professional of the Year: if you can’t see it, you can’t be it. This award recognises exceptional success in any career field, and was awarded for advocacy around gender inclusivity, housing and homelessness, drug policy and mentorship.

The Lord Mayor reported that an Elected Member and Executive Leadership Team Planning Forum occurred on Friday 6 November 2020.  10 Elected Members attended over the course of the afternoon.

The agenda included a presentation by Dr Roberta Ryan Professor of Local Government at the University of Newcastle.

9.1      130 Murray Street, 125 Bathurst Street, Hobart - Partial Demolition and New Building for Seven Multiple Dwellings and Food Services

Ref:    Open CPC 7.1.1, 30/11/2020

Application Expiry Date: 21 December 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition and new building for seven multiple dwellings and food services at 130 Murray Street and 125 Bathurst Street, Hobart for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 30 November 2020 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 PLN­20­238 ­ 130 MURRAY STREET 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 2020/01223­HCC dated 16 October 2020 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

The palette of exterior colours, finishes and materials must be provided. The palette of exterior colours, finishes and materials should address the following:

1.      Consideration of providing additional windows and/or other design elements on the exposed south eastern side of the building, in order to relieve its ‘blankness’.

2.      Consideration of the potential for some of the balconies facing Murray Street to gain ‘side­ways’ views down that street towards the river.

3.      Consideration of introducing more natural light into the restaurant from the planted garden zone above.

4.      The outward appearance of the screened carpark to be made more recessive.

5.      Reflect the palette of materials within the local streetscape.

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition), revised plans, and montages and samples where appropriate, must be submitted and approved to the satisfaction of 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 revised plans, montages and samples.

Reason for condition

In the interest of the streetscape and townscape values of the surrounding area.

PLN s2

A Landscaping Plan prepared by a suitably qualified person for the landscaped spaces, private open space areas and other areas of planting around the site must be submitted and approved by the Council’s Director City Planning prior to the issue of any consent under the Building Act 2016, excluding for demolition.

The Landscaping Plan must include (in addition to that already proposed):

1.      Consideration of deep planting boxes on the first floor balcony off the car park level, to encourage an element of softness on the building façade and enable the planting to be more successful over time.

2.      Exploration of further opportunities for landscaping generally, including (but not limited to) incorporating it into the apartment entry.

All trees and landscaping must be planted and installed in accordance with the approved Landscaping Plan to the satisfaction of the Council's Director City Planning prior to commencement of use.

The trees and landscaping must be maintained, and replacement trees and landscaping in accordance with the approved Landscaping Plan must be planted if any is lost.

Confirmation by the person who prepared the landscaping plan (or an equivalent suitably qualified person) that the landscaping has been completed in accordance with the approved landscaping plan must be submitted to the Council to the satisfaction of the Director City Planning, prior to commencement of use. Once this has been received, and all landscaping shown on the approved Landscaping Plan has been planted in accordance with the approved plan to the satisfaction of the Council's Director City Planning, the Council will issue a statement confirming satisfactory planting of all trees and landscaping.

Reason for condition

To ensure that the development achieves a high standard of public amenity and to ensure appropriate landscaping close to the property boundary.

ENG 12

A construction waste management plan must be implemented throughout construction.

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

1.      Provisions for commercial waste services for the handling, storage, transport and disposal of post­construction solid waste and recycle bins from the development; and

2.      Provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

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

Advice:

Once the construction waste management plan 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.

It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill. Further information can also be found on the Council’s website.

Reason for condition

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

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 or commencement of use (whichever occurs first).

Reason for condition

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

ENG sw4

The new stormwater connection must be constructed and existing abandoned connections sealed by the Council at the owner’s expense, prior to the first occupation. Under the Urban Drainage Act 2013, a single stormwater connection at the lowest practicable point is allowed.

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

1.      the location of the proposed connection; and

2.      the size of the connection appropriate to satisfy the needs of the development. The Council standard for the kerb and gutter connection is 150*75*5 or 250*75*5 mm galvanized RHS

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

Advice:

The applicant is advised to submit detailed design drawings via the City Amenity Division’s application for a new stormwater connection. If detailed design to satisfy this condition is submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will still need to submit an application for a new stormwater connection with the City Amenity Division.

Where building / plumbing approval is also required, it is recommended that documentation to satisfy this condition is submitted well before submitting documentation for building/plumbing approval. Failure to address planning condition requirements prior to submitting for building/plumbing approval may result in unexpected delays.

Reason for condition

To ensure the site is drained adequately.

ENG sw7

Stormwater pre­ treatment for stormwater discharges from the development must be installed prior to commencement of use.

A stormwater management report and design must be submitted and approved, prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first). The stormwater management report and design must:

1.      be prepared by a suitably qualified person; and

2.      include detailed design of the proposed treatment train, including final estimations of contaminant removal.

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

Advice:

Once the report and design has been approved 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 possible pollution of drainage systems and natural watercourses, and to comply with relevant State legislation.

ENG 13

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

A waste management plan must be submitted and approved, prior to the issue of any approvals under the Building Act 2016.  The waste management plan must:

1.      Include provisions for private waste services for the handling, storage, transport and disposal of domestic and commercial waste and recycle bins from the development.

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

Advice:

If the waste management plan for the development relies on Council waste collection from the kerb, approval from the Council's Solid Waste Services Division must be obtained and provided in the documentation submitted to satisfy this condition.  Approval and issue of this planning permit does not imply or guarantee that the Council can or will provide waste collection services for this development.

Advice and permission should be sought from the Road Authority that administers the Burnett Street highway reservation with respect to private collection from the road carriageway.

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

ENG tr2

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

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

1.      Be prepared by a suitably qualified person.

2.      Develop a communications plan to advise the wider community of the traffic and parking impacts during construction.

3.      Include a start date and finish dates of various stages of works.

4.      Include times that trucks and other traffic associated with the works will be allowed to operate.

5.      Nominate a superintendent, or the like, to advise the Council of the progress of works in relation to the traffic and parking management with regular meetings during the works.

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

Advice:

Once the construction traffic and parking management plan 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 ensure the safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.

ENG 3a

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS 2890.1:2004 (including the requirement for vehicle safety barriers where required), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

Reason for condition

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

ENG 3b

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved, prior to the commencement of work or issuing of any approval under the Building Act 2016 (whichever occurs first).

The access driveway, circulation roadways, ramps and parking module

(parking spaces, aisles and manoeuvring area) design must:

1.      Be prepared and certified by a suitably qualified engineer;

2.      Incorporate all measures recommended in the traffic impact statement by Midson Traffic Pty Ltd and dated 1st September 2020 including:

·                  An electronic warning and vehicle priority system that ensures that the waiting vehicle is the exiting vehicle only (to prevent vehicles from propping in the highway reservation);

·        A speed hump located immediately within the access adjacent to the Bathurst Street highway reservation boundary; and

·        Signage on the building walls adjacent to the footpath (on the private side) alerting pedestrians to the presence of the access.

3.      Include design certification from Midson Traffic Pty Ltd for all aspects relating to item 2 (above);

4.      Be generally in accordance with the Australian Standard AS/NZS2890.1:2004;

5.      Where the design deviates from AS/NZS2890.1:2004 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use; and

6.      Show dimensions, levels, gradients and transitions, and other details as Council deem necessary to satisfy the above requirement.

Advice:

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

ENG 3c

The access driveway and parking module (parking spaces, aisles and manoeuvring area), including the turn­table, stackers, and electronic vehicle warning and priority system, must be constructed in accordance with all plans approved and endorsed under this permit.

Prior to the first occupation or commencement of use (whichever occurs first), documentation by a suitably qualified engineer certifying that the access driveway and parking module (parking spaces, aisles and manoeuvring area), including the turn­table, stackers, and electronic vehicle warning and priority system, has been constructed in accordance with the above drawings must

be lodged with the Council.

Advice:

Certification must be submitted to Council for 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) and surface drained to the Council's stormwater infrastructure prior to the first occupation or commencement of use (whichever occurs first) .

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 maximum number of car parking spaces approved on the site, for use is seven (7).

Reason for condition

To ensure the provision of parking for the use is safe and efficient.

ENG 8

The use of the car parking spaces is restricted to User Class 1A (residential) in accordance with Australian Standards AS/NZS 2890.1 2004 Table 1.1.

A sign, approved by council, and in accordance with Australian Standards AS/NZS 1742.11:2016, must be erected at the entry of the parking access to indicate the parking area is for residents only prior to first occupation or commencement of use (whichever occurs first).

Reason for condition

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

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

1.      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 r3

Prior to the first occupation or commencement of use (whichever occurs first), the redundant driveway crossover in the Murray Street highway reservation must be removed, and the kerb and channel reinstated in accordance with TSD­R15­v2 – Concrete Kerbs and Channels Type KC.

Reason for condition

To ensure that the access to a road will comply with the requirements of the road authority.

ENV 2

An approved Demolition and Construction Environmental Management Plan, prepared by suitably qualified persons, must be implemented.

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

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

1.      Details of the proposed demolition and construction methodology and expected likely timeframes.

2.      The proposed days and hours of work and proposed hours of activities likely to generate significant noise emissions (including volume and timing of heavy vehicles entering and leaving the site).

3.      Details of potential environmental impacts associated with the development works including noise, vibration, erosion and pollution (air, land and water).

4.      Details of proposed measures to avoid or mitigate to acceptable levels all identified potential environmental impacts during development works including, but not limited to:

a.      A noise and vibration management plan including, but not limited to:

i.     identification of potentially noisy or vibration­causing construction activities;

ii.    measures to ensure that all reasonable and feasible noise and vibration mitigation measures are applied during operation of the demolition and construction management plan; and

iii.   details of monitoring measures and triggers for corrective actions.

b.      A soil and water management plan including:

i.     measures to minimise erosion and the discharge of contaminated stormwater off­site;

ii.    measures to minimise dust emissions from the site; and

iii.   measures to prevent soil and debris being carried onto the street.

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

The approved Demolition and Construction Environmental Management Plan forms part of this permit and must be complied with.

Advice:

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

Reason for condition

To minimise the potential for environmental impacts from the construction works.

HER 9

All construction documentation must contain protocols and recommendations for all contractors working in close proximity to the stone wall along the boundary of 126 Murray Street to be familiar with the heritage values of the heritage listed site and for the need to protect the wall at all costs whilst undertaking the proposed works to upgrade infrastructure.

Prior to the commencement of works (including demolition and excavation), all workers and managers must be briefed on the importance of the cultural heritage values of the site as part of a site induction. This must be undertaken by a suitably qualified heritage practitioner.

Documents containing protocols for the protection of the wall must be submitted and approved, prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first).

Reason for condition

To ensure that there is no loss or damage to the heritage values or fabric of the site.

HER 10

The soffits of the balconies on the primary facade must be timber.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing timber soffits 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 materials and finishes are sympathetic to an adjacent listed place and 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 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.

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

Council records suggest third­party or shared private pipes pass along the Right of Way. The design of works (including altered levels in the ROW) must provide protection for any third­party or shared private pipes passing through the Lot. You may need separate consent from Council's Development Compliance Unit under section 73 of the Building Act 2016.

WORK WITHIN THE HIGHWAY RESERVATION

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

CBD AND HIGH VOLUME FOOTPATH CLOSURES

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

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

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

For more information about this requirement please contact the Council's Traffic

Engineering Unit on 6238 2804.

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.

RIGHT OF WAY

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

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

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 Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill.

Further information regarding waste disposal can also be found on the Council’s website.

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Burnet

THOMAS                                                   That the recommendation be adopted

MOTION CARRIED

VOTING RECORD

9.2      32 and 30 Romilly Street, South Hobart, Subdivision (Boundary Adjustment), 10 Multiple Dwellings (Nine New, One Existing) Works in Road Reserve and Associated Hydraulic Infrastructure

Ref:    Supplementary Open CPC 13, 30/11/2020

Application Expiry Date: 10 December 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for subdivision (boundary adjustment), 10 multiple dwellings (nine new, one existing), works in road reserve and associated hydraulic infrastructure, at 30 and 32 Romilly Street, South Hobart for the reasons outlined in the officer’s report attached to supplementary item 13 of the Open City Planning Committee agenda of 30 November 2020 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 PLN­20­423 ­ 32 ROMILLY STREET & 30 ROMILLY STREET SOUTH HOBART TAS 7004 & ADJACENT RIVULET ­ 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 2020/01027­HCC dated 4 September 2020 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

The approved plan of subdivision is LEISM03 12296­10, dated 9/9/2020 which adjusts the lot areas by 54m2.

Reason for condition

To clarify the scope of the permit

PLN s2

The approved plan of the proposed unit development is the set of plans prepared by Lachlan Walsh Design, 20­599, DA Set 1, dated 26 June 2020, revision 8, received by Council on 15 September 2020.

Reason for condition

To clarify the scope of the permit

PLN s3

The approval is for a minor boundary adjustment between 30 and 32 Romilly Street and for ten (10) multiple dwellings to be located on 32 Romilly Street, South Hobart.  The dwellings are comprised of nine (9) new dwellings and one (1) existing dwelling.  This means that the existing dwelling at 32 Romilly Street, South Hobart must function as one dwelling, unless further planning approval is sought and obtained.

Reason for condition

To clarify the scope of the permit

PLN s4

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

1.   species of proposed planting, with priority given to native vegetation which is intended to attract birds and resist fire; and

2.   removal of weeds from the whole site, including the covenanted area.

All work required by this condition must be undertaken in accordance with the approved landscaping plan and must be completed prior to first occupation of the new dwellings.

The vegetation which is planted on the site pursuant to the landscaping plan must be maintained and must not be disturbed. If any vegetation dies or is destroyed, replacement vegetation of a similar size must be planted within 30 days of the death or destruction.

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 or commencement of use (whichever occurs first).

Reason for condition

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

ENG sw6

All stormwater from the proposed development (including hardstand runoff) must be discharged to the Council’s stormwater infrastructure with sufficient receiving capacity prior to first occupation. All costs associated with works required by this condition are to be met by the owner.

Design drawings and calculations of the proposed stormwater drainage and connections to the Council's stormwater infrastructure must be submitted and approved prior to the commencement of work. The design drawings and calculations must:

1.         Be prepared by a suitably qualified person.

2.         Include long section(s)/levels and grades to the point of discharge.

3.         Ensure that the design must minimize any hydraulic intrusion at the discharge point into the Sandy Bay Rivulet. It also must demonstrate acceptable erosion and full scour control in the main flow path within the proposed headwall.

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

Reason for condition

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

SW 9

Prior to occupancy or the commencement of the approved use (whichever occurs first), stormwater pre­treatment and detention for stormwater discharges from the development must be installed.

A stormwater management report and design must be submitted and approved, 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 (using industry accepted proprietary software, such as MUSIC) of the proposed treatment train, including final estimations of contaminant removal;

2.      Include detailed design and supporting calculations of the detention tank showing:

1.      Detention tank sizing such that there is no increase in flows from the developed site up to 5% AEP event and no worsening of flooding;

2.      The layout, the inlet and outlet (including long section), outlet size, overflow mechanism and invert level;

3.      The discharge rates and emptying times; and

4.      All assumptions must be clearly stated;

3.      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.

ENG 13

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

A detailed waste management plan must be submitted and approved, prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), to the satisfaction of the Council's Director City Planning. The waste management plan must:

1.      Include details for the handling of waste (i.e. placement of bins on collection day) within Council's highway reservation.

2.      Include details of the quantity and type/size of bins.

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

Advice:

Council notes that a development of this size would require an allocation in excess of twenty two (23) bins, given the limited available street frontage alternate provisions must be arranged with the Council.

Should you have any queries in relation to formulating a solid waste management plan Council staff can assist with the development of a waste management plan outlining Council's requirements.  Please contact the Council’s Customer Liaison Officer, on Phone 6278 0273.

Once the waste management plan has been approved 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 solid waste management from the site meets the Council’s requirements and standards.

ENG tr2

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

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

1.      Be prepared by a suitably qualified person.

2.      Develop a communications plan to advise the wider community of the traffic and parking impacts during construction.

3.      Include a start date and finish dates of various stages of works.

4.      Include times that trucks and other traffic associated with the works will be allowed to operate.

5.      Nominate a superintendent, or the like, to advise the Council of the progress of works in relation to the traffic and parking management with regular meetings during the works.

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

Advice:

Once the construction traffic and parking management plan 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 ensure the safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.

ENG 2a

Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS 1170.1:2002 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 2b

Prior to the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first), a certified vehicle barrier design (including site plan with proposed location(s) of installation) prepared by a suitably qualified engineer, compliant with Australian Standard AS/NZS 1170.1:2002, must be submitted to the Council.

Advice:

If the development's building approval includes the need for a Building Permit from Council, the applicant is advised to submit detailed design of vehicular barrier as part of the Building Application.

If the development's building approval is covered under Notifiable Work the applicant is advised to submit detailed design of vehicular barrier as a condition endorsement of the planning permit condition. Once the certification has been accepted, the Council will issue a 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 standard.

ENG 2c

Prior to the commencement of use, vehicular barriers must be inspected by a qualified engineer and certification submitted to the Council confirming that the installed vehicular barriers comply with the certified design from condition 2b and Australian Standard AS/NZS1170.1:2002.

Advice:

Certification may be submitted to the Council as part of the Building Act 2016 approval process or 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 3a

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

Must comply with AS 2890.1 Clause 3.2.4 Sight distance at access driveway exits (pedestrian and vehicular, horizontal and vertical sight distances)

Advice:

It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.

Reason for condition

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

ENG 3b

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved, prior to the issuing of any approval under the Building Act 2016.

The access driveway, circulation roadways, ramps and parking module

(parking spaces, aisles and manoeuvring area) design must:

1.      Be prepared and certified by a suitably qualified engineer,

2.      Be generally in accordance with the Australian Standard AS/NZS2890.1:2004,

3.      Where the design deviates from AS/NZS2890.1:2004 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, and

4.      Show dimensions, levels, gradients and transitions, and other details as Council deem necessary to satisfy the above requirement.

Advice:

It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.

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

ENG 3c

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the design drawings approved by Condition ENG 3b.

Prior to the commencement of use, 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 as part of the Building Act 2016 approval process or 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) and surface drained to the Council's stormwater infrastructure prior to the [first occupation / commencement of use].

Reason for condition

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

ENG 5

The number of car parking spaces approved on the site is twenty four (24).

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

Reason for condition

To ensure the provision of parking for the use is safe and efficient.

ENG 7

The number of car parks spaces approved on Romilly Street is twenty four (24). The parking area must be lined marked on the site prior to the commencement of the use.

Drawings must be submitted and approved, prior to the first occupation. The drawing must:

1.      Show the layout of the car parking for the 24 in accordance with the Australian Standards AS/NZS 2890.1 2004, to satisfy the above requirement.

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

Advice:

Once the drawing 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 ensure safe and efficient parking is adequate to provide for the use.

ENG 8

The number of car parking spaces approved on the site, is twenty four (24) and is made up of:

·        Twenty (20) user class 1A residence car parking spaces (within garages).

·        Four (4) user class 1A visitor car parking spaces consisting of the following:

o   Two visitor parking space in the turning area for dwellings 7, 8 and 9 for use by visitors to dwelling 6, 7, 8, and 9

o   One visitor parking space in the garage apron for the existing dwelling for exclusive use of the existing dwelling and dwelling 1 and

o   One visitor parking space in the turning apron for dwelling 4 for exclusive use of dwelling 2, 3 and 4.

Prior to first occupation, the visitor parking spaces near dwelling 1 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.

·        include pavement messaging indicating VISITOR PARKING in accordance with AS1742.11 Section 7.3, or equivalent Council approved alternative.

Advice:

Please note that the 'informal' visitor parking spaces proposed in front of dwelling 2 and 3 are not approved as these do not comply with AS2890.1 with respect to gradient and dimensions, and prevent formal passing bays at a maximum 30m interval along the circulation roadway servicing dwelling 2 ­ 4.

Please note that the two (2) 'informal' visitor parking spaces proposed in front of dwelling 4 are approved as one parking space only.

Please note that the two (2) 'informal' visitor parking spaces proposed in front of dwelling 5 are approved as one parking space only.

Please note that the two (2) 'informal' visitor parking spaces proposed in front of dwelling 1 are approved as one parking space only and that this must be located in the turning area perpendicular to the garage parking spaces for dwelling 1 in order to enable the garaged parking spaces and the visitor parking to operate independently.

Parking of cars is only permitted in approved car parking spaces.

Reason for condition

To ensure the provision of parking for the use is safe and efficient.

ENG 12

Parking, access and turning areas must be generally designed and constructed in accordance with the Australian Standard Parking facilities, Part

1: Off­Street Carparking, AS 2890.1 – 2004, prior to the first occupation.

Design drawings must be submitted and approved, prior to commencement of work. The amended design drawings must:

1.      Show dimensions, levels and gradients, transitions and other details as necessary to satisfy the above requirement.

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

Advice:

Once the design drawing has been approved 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 the access and parking layout for the development is to accepted standards.

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.

ENG r3

Prior to the commencement of use, the proposed driveway crossover in the Romilly Street highway reservation must be designed and constructed in general accordance with:

·    Rural – TSD­R04­v1 – Rural Roads Typical Driveway Profile and TSD R03­v1 Rural Roads Typical Property Access.

Design drawings must be submitted and approved prior to any approval under the Building Act 2016. The design drawing must:

1.      Show the cross and long section of the driveway crossover within the highway reservation and onto the property

2.      Consider runoff from the road, be aware that the council is not managing drainage at this section of Romilly Street.

3.      Detail any services or infrastructure (ie light poles, pits, awnings) at or near the proposed driveway crossover

4.      Be designed for the expected vehicle loadings. A structural certificate to note that driveway is suitable for heavy vehicle loadings.

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

6.      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

7.      Show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1 2004.

8.      Grated wedge, asphalt wedge and the standard open wedge driveway crossover are not permitted. Grated wedges are permits 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.

9.      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 affect 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.

ENV 8

All recommended risk mitigation measures in section 7 of the Geotechnical

Assessment report by Geo­Environmental Solutions dated September

2020 must be implemented including:

·        The foundations of all units must be socketed in the underlying dolerite bedrock as deemed satisfactory by the project structural engineer.

·        Fill is not be used to achieve finished floor levels for the units within

·        Zones 2, 3 and the No Fill Zone.

·        Cut batters should not exceed 1V:3H in fill material and 1V:2H in natural soils on site.

·        Fill should not be used on the steep slopes (≥15°) which have previously failed (No Fill Zone), nor to achieve design finished floor levels within construction Zones 2 and 3, or be used on steep slopes (≥15°) as achieving safe batter angles is difficult with regard to the natural slope angle. Fill batters must not exceed 1V:3H.

·        Only the minimum required vegetation should be removed to satisfy bushfire risk and construction at the site.

·        Cut­off drains are to be implemented above all cuts and the downslope edge of the proposed driveways should have guttering where practicable, adequate detention structures and outlet near Sandy Bay rivulet to an appropriate armoured design. In particular, care should be taken to correctly channel any possible accumulated water from sealed areas or any driveway away from the top of the proposed building platforms and the top of the existing active landslide area.

·        All earthworks on site including formation of internal roads and installation of stormwater and wastewater infrastructure should be conducted as per AS3798 – Guidelines on Earthworks for Commercial and Residential Developments. This includes trenching and compaction of all fill on site.

·        Further investigations must also include adequate drilling and testing to confirm foundation conditions for the anticipated building loads and depth to underlying competent bedrock.

·        All building sites/units should be assessed and designed as per AS2870 prior to construction.

Reason for condition

To reduce the risk to life and property, and the cost to the community, caused by landslides.

ENV 9

Trees T5, T10, T12 and T13 shown in ‘Attachment 6 ­ RFI response to PLN 20­423’ are not approved to be removed and must be retained.

Reason for condition

To ensure the development does not have an unacceptable impact upon natural values.

ENV 10

An approved construction management plan for any proposed works within the waterway protection area, other than the stormwater works, must be implemented.

A construction management plan for any proposed works within the waterway protection area, other than the stormwater works, prepared by a suitably qualified person, must be submitted and approved prior the commencement of works and prior to the granting of building consent.

The construction management plan must:

·        show and detail all proposed works, including earthworks, within the waterway protection area;

·        demonstrate that all proposed works within the waterway protection area have been avoided or minimised as far as reasonably practicable;

·        include fencing of the site to separate the development area from the waterway protection area;

·        show the location of the fencing and include details of the fence design; show the location of the proposed fencing relative to the tree protection zones of trees within the waterway protection area, and be designed

·        and sited to avoid impacts to those trees;

·        specify that the fencing is to be installed prior to the commencement of other works and is to remain in place for the duration of the construction works; and

·        specify that no works, storage or stockpiling, or vehicle movements can occur on the Rivulet side of the fence unless approved by the planning authority or in accordance with the approved stormwater works construction management plan.

Reason for condition

To ensure the development does not have an unacceptable impact on natural values

ENV 15

All construction vehicles and machinery must be effectively cleaned of soil both before entering and before leaving the property.

Soil cleaned from construction vehicles and machinery must not be allowed, either directly or indirectly, to enter waterways or the Council’s stomwater system.

Note: further information on effective measures for washdown can be found here.

Reason for condition

To minimise the spread of weeds and pathogens.

ENV 16

No soil is to be imported onto the site unless determined as being free of weed propagules when tested in accordance with AS 4419 Soils for Landscaping and Garden Use.

Reason for condition

To minimise the spread of weeds.

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.

ENV s1

An approved rock fall management plan must be implemented.

A rock fall management plan, prepared by a suitably qualified person, must be submitted and approved prior the commencement of works and prior to the granting of building consent.

The rock fall management plan must include measures to manage boulders liberated during earthworks, so that they do not pose a risk to users of the site and will not damage vegetation within the waterway protection area.

Reason for condition

To ensure the risk to life and property from landslides is minimised and to ensure the development does not have an unnecessary impact upon natural values

ENV s2

An approved construction management plan for the stormwater works within the waterway protection area must be implemented.

A construction management plan for the stormwater works within the waterway protection area, prepared by a suitably qualified person, must be submitted and approved prior the commencement of works and prior to the granting of building consent.

The construction management plan must:

·        detail all proposed works within the waterway protection area, including ground disturbance and vegetation disturbance;

·        include a brief description of the work methodology;

·        minimise ground disturbance and impact on vegetation, particularly native vegetation;

·        minimise impacts on habitat features;

·        minimise the risk of pollution of the Rivulet, including from fuel spills;

·        include soil and water management measures to minimise the risk of erosion and sediment transfer to the Rivulet; and

·        include rehabilitation measures for disturbed areas.

Reason for condition

To ensure the development does not have an unacceptable impact on natural values

SURV 1

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

Reason for condition

To enable the Council to accurately update cadastral layers on the corporate

Geographic Information System.

SURV 2

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

Reason for condition

To ensure that the subdivision/boundary adjustment is carried out in accordance with the Council's requirements under the provisions of Part 3 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

SURV 3

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

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

1.      Over any proposed sewer mains passing through the lots on the final plan, in favour of TasWater (minimum width of 2.5 m).

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

3.      Over any existing road embankment easements in favour of the Hobart City Council.

4.      Over the stormwater headwall and scour protection in favour of Hobart City Council if it is located within the boundaries of Lot 2.

Reason for condition

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

SURV 9

Any lots on the final plan created from the addition of sub minimal lots on the plan of subdivision are to be notated on the final plan.

The final plan must include notations in accordance with section 111 of the

Local Government (Building and Miscellaneous Provisions) Act 1993, in relation to lot 1 to satisfy the above requirement.

Reason for condition

To ensure compliance with statutory provisions.

SURV 12

Lot 1 on the final plan is to be notated in accordance with the provisions of section 83(5)(a)(ii) of the Local Government (Building & Miscellaneous Provisions) Act 1993, to the effect that the Hobart City Council cannot provide a means of gravity reticulated stormwater disposal (Select from the whole of lot1.

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

Reason for condition

To ensure that the restriction in the Council’s ability to provide a means of gravity reticulated stormwater disposal is noted on the final plan.

SURV 13

The final plan is to be notated in accordance with the provisions of section

83(7) (b) of the Local Government (Building & Miscellaneous Provisions) Act

1993 to the effect that the Tasmanian Water and Sewerage Corporation cannot provide a means of gravity reticulated sewerage disposal from lot 2 below a specified reduced level.

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

The specified reduced level that may be required is to be provided by the owner’s Registered Land Surveyor who must supply the invert level (on State Datum) of the sewer connection constructed to serve Lot 2.

Reason for condition

To ensure that the limitation in TasWater’s ability to provide a means of gravity reticulated sewerage disposal from Lot 2 is noted on the final plan.

ENG 16

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

Reason for condition

To ensure that each lot is services separately.

ENG 17

Prior to the sealing of the final plan, the developer must verify compliance with condition ENG 16 by supplying the Council with an as­installed services plan clearly indicating the location and details of all relevant services (entirely contained within their respective lots or appropriate easements). The as­ installed services plan must be accompanied by certification from a suitably qualified person that all engineering work required by this permit has been completed.

Advice:

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

Reason for condition

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

SUB s1

The existing drainage easement 2.50 m wide through Lots 1 and 2 is to be deleted by means of a section 103 amendment to Sealed Plan 159808 under the provisions of section 103 of the Local Government (Building and Miscellaneous Provisions) Act 1993 prior to the sealing of the final plan.

Alternatively the section 103 amendment to delete the drainage easement is to be lodged concurrently at the Land Titles Office with the sealed final plan for the boundary adjustment.

Reason for condition

To ensure that a redundant easement is not brought forward to burden the lots on the final plan.

ADVICE – protection of historic track

If, the new stormwater connection to Sandy Bay Rivulet crosses remains of the historic track found on the site then the Applicant is encouraged to minimise disturbance to the track and reinstate the track to the state that it was prior to the works commencing.

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.

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 an occupational license for structures in the Hobart City Council highway reservation, in accordance with conditions to be established by the Council. 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.

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

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

ACCESS

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

CROSS OVER CONSTRUCTION

The construction of the crossover can be undertaken by the Council or by a private contractor, subject to Council approval of the design. Click here for more information.

COUNCIL RESERVES

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

WORKS ABOVE HOBART RIVULET PARK

Your property is located above the Hobart Rivulet Park. In this area there have been a number of recent incidents of large rocks and other debris rolling down into the Park, as a direct result of construction activity above the Park. This presents a serious risk to Park visitors. Please implement appropriate measures to contain within your property boundary any debris resulting from your construction activity.

WORK PLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially­contaminated soil, water, dust and vapours. 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 Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill.

Further information regarding waste disposal can also be found on the Council’s website.

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

PART B

That a traffic and parking management plan for Romilly Street, South Hobart be considered by the City Infrastructure Committee.

Burnet

THOMAS                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

10.      New Delegations Required Due to
Amendments to Planning Legislation

Ref:    Open CPC 8.1, 30/11/2020

That:   1.    The Council pursuant to section 6(3) of the Land Use Planning and Approvals Act 1993, delegate to the General Manager, Director City Planning, Manager Development Appraisal, Senior Statutory Planner, Senior Development Engineer, Manager Stormwater, Program Leader Stormwater Services, Manager Roads & Capital Works, Program Leader Road Services, the following functions and powers:

       (a)     To exercise the powers of the Council, as planning                       authority, pursuant to section 60 of the Land Use                          Planning and Approvals Act 1993.

            2.    The Council pursuant to section 22 of the Local Government Act 1993, delegate to the General Manager, the following functions and powers:

       (a)     To exercise the powers of the Council pursuant to                         section 31 of the Strata Titles Act 1998.

Burnet

Ewin                                                         That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

11.      Petition to Amend Sealed Plan 167721 - 7 Montrivale Rise

Ref:    Special Open CPC 3.1, 2/12/2020

Burnet

Briscoe                                       That the item be withdrawn from the agenda.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the item be withdrawn from the agenda.

12.      Reinvestment of Parking Revenue in the CBD

Motion:

“That a report be prepared that a percentage of CBD parking revenue be reinvested in the CBD.

The report also give consideration for all precinct shopping strips and centres within the City.”

Rationale:

“Considering that the Council has called on a report to consider parking revenue from North Hobart to be spent on the precinct and based on treating the community with equity it’s only appropriate that the broader Hobart community is treated equally and that the CBD as a main contributor to parking revenue and other precincts are also included in any reports on the expenditure from parking revenue.”

The General Manager advises:

“In accordance with global best-practice, a defined area within a City that i) utilises parking revenue from metered streets, where ii) parking was previously free, for iii) a defined period of time, to iv) improve public services, is known as a Parking Benefit District Policy.

It is recommended that a Parking Benefit District Policy for application across Hobart’s numerous city and suburban precincts be included in the Parking Policy (draft) currently under development.

Zucco

Thomas                                                                   

That the motion be adopted on the basis that the proposed approach is consistent with the Council’s decision of 23 November 2020 in relation to a report considering North Hobart parking charges being reinvested into amenity upgrades to the area of North Hobart, and the Parking Benefit District Policy be developed in line with the General Manager’s advice.  

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    A report be prepared that a percentage of CBD parking revenue be reinvested in the CBD.

i)       The report be prepared consistent with the Council’s decision of 23 November 2020 requesting a report considering North Hobart parking charges being reinvested into amenity upgrades to the area of North Hobart.

ii)     The Parking Benefit District Policy be developed in line with the General Manager’s advice.

2.    The report also give consideration for all precinct shopping strips and centres within the City.

13.      Elizabeth Street (Midtown) Retail Precinct - Proposed Streetscape Concept

Ref:    Open CIC 6.2, 25/11/2020

That:   1.    The draft concept design for Elizabeth Street Midtown Retail Precinct project (marked as Attachment A to item 6.2 of the Open City Infrastructure Committee agenda of 25 November 2020), be generally endorsed as a framework for future streetscape development in the project area, noting that the Council is not in a position to fund the implementation at this time.

2.    That any decision on the final uphill bike lane treatment be determined following the trial of uphill bike lane as part of the 12 month ‘Ready for Business’ pilot project.

3.    A further report be provided to the Council in the first quarter of 2021, outlining an implementation plan including cost estimates, financial impacts, funding source/s and proposed timing.

4.    A detailed report addressing the potential loss of car parking within the Elizabeth Street Precinct be referred to the Finance and Governance Committee at the appropriate time.

Harvey

Sherlock                                            That the recommendation be adopted.

Zucco

Behrakis                                                                                                                   

That Alderman Zucco be granted an additional one minute to address the meeting.  

MOTION CARRIED

VOTING RECORD

Procedural Motion

Behrakis

Coats                              That the matter be deferred for further consideration.

PROCEDURAL MOTION LOST

VOTING RECORD

MOTION CARRIED

VOTING RECORD

14.      Collins Court Stage Two - Consultation Committee Report

Ref:    Open CIC 6.3, 25/11/2020

That:   1.    The Council endorse the design shown in Attachment A to item 6.3 of the Open City Infrastructure Committee meeting of 25 November 2020 for the purpose of stakeholder and wider public engagement, noting that the Council is not in a position to make a capital investment in the project at this time.

2.    The outcomes of the stakeholder and wider public engagement process, be the subject of a further report to the Council in 2021.

Harvey

Burnet                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

15.      McRobies Gully Good Neighbour Agreement - Working Group - Draft Terms of Reference

Ref:    Open CIC 6.4, 25/11/2020

PART A

That the Draft Terms of Reference for the McRobies Gully Waste Management Centre Good Neighbour Agreement Working Group, dated November 2020 and marked as Attachment A to item 6.4 of the Open City Infrastructure Committee agenda of 25 November 2020, be approved.

PART B

That:   1.    An invitation be extended to the Resource Recovery Centre to ascertain if the Centre wish to nominate a representative to partake in the McRobies Gully Good Neighbour Agreement Working Group.

2.    Should the Resource Recovery Centre accept the invitation and nominate a representative to join the McRobies Gully Good Neighbour Agreement Working Group, the General Manager be authorised to amend the Terms of Reference accordingly.

Harvey

Thomas                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

16.      H-TRAMS Request to Store Historic Tram - Queens Domain Quarry

Ref:    Open CIC 6.7, 25/11/2020

That:   1.    Approval be given to H-TRAMS to store a heritage tram at the City’s Queens Domain Depot subject to the following conditions:

(i)      All costs associated with the transportation of the tram to the Queens Domain Depot be at the tram owners cost;

(ii)     Ongoing access to the tram by the owners, when stored in the depot, are to be arranged by contacting the relevant City of Hobart staff;

(iii)    Should the City require use of the depot space occupied by the tram, the owners must relocate the heritage tram to an alternative location at no cost to the City upon receiving at least 3 months’ notice;

(iv)    The tram owners shall insure the tram or indemnify the City against any future claim;

(v)     The tram owners are to provide evidence of public liability insurance;

(vi)    The City accepts no responsibility or liability for any damage to the tram; and

(vii)   An agreement be put in place between the City and the tram owner confirming the above requirements.

2.    In accordance with the Council Policy Grants and Benefits Disclosure, the benefit attributed to H-TRAMS by the provision of free storage of its trams at the City’s deport (estimated at $1,200 per annum each) be disclosed in the City’s Annual Report.

3.    The General Manager be delegated authority to finalise arrangements and determine any future storage matters relating to H-TRAMS.

Harvey

Thomas                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

17.      Major Cultural Organisation Grant 2020-21

Ref:    Open CCEC 6.1, 26/11/2020

That:   1.    The Council extend the Major Cultural Organisation grant agreements for 12 months to support public programming activity from 1 January to 31 December 2021. That being:

2.    To return to a competitive grant round for the Major Cultural Organisation Grant as part of the Annual Round open in June 2021.

Sherlock

HARVEY                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

18.      The North Hobart Retail and Entertainment Precinct Place Vision and Access and Parking Plan Project

Ref:    Special Open JM 3.1, 7/12/2020

That:   1.    The Council approve the 10 questions for community engagement marked as Attachment A to item 3.1 of the Special Meeting of All Council Committees agenda of 7 December 2020 with the following amendments:

(i)        Questions 2,3 and 4 be answered in order of priority (from 1 to 5)

(ii)       Question 4 action 4 be amended to read:

“The current operation of Condell Place as a car park be maintained and include long term car parking options and / or multi-storey purpose uses.”

            2.    Taking account of the busy period leading up to the end of the current calendar year, particularly for businesses and the post New Year holiday period, the public engagement process be undertaken for an eight (8) week period, commencing on Monday 1 February 2021, in line with the methodology detailed in this report.

            3.    A further report detailing the outcomes of the engagement process and proposed project action plan, including the associated capital and operating cost implications, be submitted to a Council meeting in the second quarter of 2021.

Zucco

Briscoe                                                That the recommendation be adopted.

Amendment

Behrakis

Thomas                                                                                                                       

The General Manager be delegated the authority to revise the proposed questions and/or develop new questions in regard to the future of Condell Place Carpark, taking account of the feedback provided by the North Hobart Traders Association in their submission dated Monday 30 November 2020.

AMENDMENT LOST

VOTING RECORD

MOTION CARRIED

VOTING RECORD