Minutes (Open Portion)

Council Meeting

Page 3

9/11/2020

Minutes (Open Portion)

Council Meeting

Page 44

9/11/2020

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 26 October 2020, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

DUTTA

BURNET                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

The Lord Mayor acknowledged the passing of a former City of Hobart long-term employee, Mr Barry Holmes.

Mr Barry Holmes was a greatly valued and long-term employee of the City of Hobart.  He commenced in 1981 and retired in 2014. Throughout his 33 years with Council he held numerous positions within the City Planning Division

Throughout his career, Barry contributed greatly to planning in Hobart:

·         He had the great foresight in identifying the potential of the South Hobart Rivulet as a riparian reserve and pedestrian link from City to Mountain. 

·         He took on the task of delivering the Sullivans Cove Planning Scheme in 1997; and

·         His final milestone achievement before retiring, was the draft Interim Hobart Planning Scheme. 

Barry retired in October 2014. He left a great legacy of positive planning outcomes for the City of Hobart.  However, his greatest legacy has been the numerous planners that he has mentored and nurtured over the years to take on consultancy and leadership roles in the profession.

Barry made a tremendous contribution to planning in our beautiful city and on behalf of the Council, the Lord Mayor extended sincere condolences, thoughts and prayers to Barry’s family at this sad time.

The Lord Mayor acknowledged the passing of community member, Mr Tony Colman.

Mr Tony Colman was instrumental in the restoration of the City of Hobart’s Heritage Trams and undertook the refurbishment on the timberwork. 

Tony renewed Tram number 118, Single Deck Tram Number 39 and Double Decker Tram Number 17. 

His expertise and passion enabled the City’s tram fleet to be faithfully restored to its original condition.

The Lord Mayor, on behalf of the Council, extended sincere condolences to Tony’s family at this sad time.

Briscoe

Thomas

That letters of condolence be sent to the families of Mr Tony Colman and Mr Barry Holmes.  

MOTION CARRIED

VOTING RECORD

The General Manager put the following questions on behalf of Mr Andrew Swan.

1)      There was an internal re-organisation within councils various           business units in 2019- 2020.

          What was the total cost of this exercise, and how many people left           council as          part of this process?

2)      How many staff have left council during the 2017- 2018, 2018-          2019, 2019-2020, financial years and what was the total cost?

3)      What is total amount of workers compensation claims and costs           and workers compensation premiums during the above years?

4)      How many bullying and or harassment claims have been lodged in      the above years and the cost of these claims?

The General Manager advised that as the questions required a detailed response, he would provide it in writing in due course.

9.1      38A Nicholas Drive and 24 Gardenia Grove and Nicholas Drive, Sandy Bay - Fire Trail and Associated Works

Ref:    Open CPC 7.1.3, 2/11/2020

Application Expiry Date: 22 December 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for fire trail and associated works at 38A Nicholas Drive, Nicholas Drive and 24 Gardenia Grove, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.1.3 of the Open City Planning Committee agenda of 2 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 PLN­20­360 ­ NICHOLAS DRIVE & 38 A NICHOLAS DRIVE & 24 GARDENIA GROVE, SANDY BAY 7005 ­ 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: 3026 dated 23 June 2020, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw6

All stormwater from the proposed fire trail must be discharged to the Council’s stormwater infrastructure or to a Council approved system with sufficient receiving capacity prior to the commencement of use or 30 days of completion of works (whichever occurs first). 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 discharge points 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.      show the proposed discharging points and all existing creeks;

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

4.      details of proposed measures to avoid or mitigate erosion and scouring.

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

Advice:

The applicant is advised to submit detailed design drawings and calculations as part of their plumbing permit application. 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 obtain a plumbing permit for the works.

Reason for condition

To ensure that stormwater from the site will be discharged adequately.

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.

ENV 9

Prior to the commencement of works, the edge of the Eucalyptus globulous dry forest vegetation community closest to the fire trail must be delineated and marked on site by a suitably qualified person. No works or disturbance (including storage or movement of vehicles) is to occur within the Eucalyptus globulous dry forest vegetation community as marked on site.

Reason for condition

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values.

ENV 11

The Weed and Hygiene Management Plan, included as Appendix F in the Flora and Fauna Habitat Survey by North Barker Ecosystem Services dated 30 November 2018, must be implemented.

Reason for condition

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values

ENV 2

An approved Construction Environmental Management Plan must be implemented.

Prior to the commencement of works, a Construction Environmental Management Plan must be submitted and approved. The Construction Environmental Management Plan must:

·        detail the proposed construction methodology (particularly where works may have environmental impacts);

·        identify all potential environmental impacts associated with the works including erosion and sediment transfer, weed spread or introduction and excessive clearing of vegetation; and

·        include measures to adequately avoid or mitigate all identified environmental risks, including soil and water management measures, soil stabilisation measures, management of rock and soil (including on­ site stockpiling, soil importation or off­site disposal), management of cut vegetation, protection of vegetation to be retained and weed management.

Reason for condition

To minimise the potential for environmental impacts from the construction works

OPS 1

No encroachment is to occur on to adjacent private land. In sections where the private land boundary is very close to the new fire trail alignment, the lot boundary is to be marked on the ground before any works commence.

Reason for condition

To ensure that Council infrastructure is constructed on Council­owned land.

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.

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.

PART 5 AGREEMENT

It is recommended that the measures recommended in section 14 of the Slope Stability Assessment be implemented.

Burnet

Behrakis                                              That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      45 Elizabeth Street, Hobart and Adjacent Road Reserve - Partial Demolition, Alterations, Extension and Change of Use to General Retail Hire and Five Multiple Dwellings

Ref:    Supplementary Open CPC 11, 2/11/2020

Application Expiry Date: 11 November 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, extension and change of use to general retail and hire and five multiple dwellings at 45 Elizabeth Street, Hobart for the reason that the Council is satisfied that the proposal meets the requirements of the Scheme, specifically clauses E13.7.1 P1 and  E17.7.2 P1. 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-20-524 45 ELIZABETH 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 2020/01266-HCC dated 18/09/2020 as attached to the permit. 

Reason for condition

To clarify the scope of the permit.

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:

·      Provisions for commercial waste services for the handling, storage, transport and disposal of post-construction solid waste and recycle bins from the development; and

·      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). 

Advice: Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater onto a neighbouring property.

Reason for condition

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

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 first occupation.  The waste management plan must:

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

2.   Specify a maximum bin size of 330L, and a maximum number of 4x bins for residential use; and

3.   Specify a maximum bin size of 240L, and a maximum number of 2x bins for commercial use.

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

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

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 superintendant, 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 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, pre-existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

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

HER 9

The demolition of the masonry Kodak House sign is limited to only the inset panel with the embossed Kodak House text.  The masonry "frame" must be retained and preserved.

Reason for condition

To ensure that demolition in whole or part of a heritage place does not result in the unreasonable loss of historic cultural heritage values.

HER 11

The external painted 'Kodak' signage on the North West Elevation (Existing) (drawing 20035_DA09, dated August 2020) and South-East Elevation (Existing) (drawing 20035_DA07, dated August 2020) must be repainted to the east of the existing sign, as shown on Drawing 20035_DA07 dated October 2020 and provided to the Council on 30 October 2020.  The replacement signs must match the existing sign in font, dimensions and depth.  The colour must be approved by the Director City Planning. 

Reason for condition

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

HER 12

The replacement steel frame supporting the replacement sign must be affixed to the internal wall face of the masonry wall ‘mount’.

The masonry wall adjacent to the areas of demolition must be made good and conserved using like for like materials and finishes.

All fixings of the steel frame must use non-ferrous materials.

Prior to the issue of any approval under the Building Act 2016, documentation must be submitted and approved in accordance with the above requirements.

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

Reason for condition

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

HER 13

Prior to the removal of the Kodak House sign and masonry panel, the sign and panel must be recorded using archival quality annotated photographs and drawings.

The photographs and drawings must be submitted and approved by Council prior to the commencement of demolition.

 
Reason for condition

To ensure that demolition in whole or part of a heritage place does not result in the loss of historic cultural heritage.

HER 17a

The exterior of the building must be painted to match the existing 'Kodak' yellow.

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

All work required by this condition must be undertaken in accordance with the approved plans and must be completed prior to occupation.

Reason for condition

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

HER 17b

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved which show details of the proposed openings on the south east and north east elevations including dimensions, location and any balustrading.

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

Reason for Condition

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

SURV 8

The applicant, at no cost to the Council, must have prepared, entered into, and have registered at the Land Titles Office, a deed pursuant to Section 75CA of the Conveyancing and Law of Property Act 1884 for the encroachment of the apartments and enclosed fire stair over Kemp Street, prior to the issue of a completion certificate.

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

The applicant must prepare and forward the required instrument pursuant to section 75CA Conveyancing & Law of Property Act 1884, including a survey plan of the encroachment (certified by a registered surveyor), the associated $220 Council application fee and the Land Titles Office registration fee, to the Council for execution and subsequent registration within the Land Titles Office.

Reason for Condition

To ensure that the proposed building encroachment over Kemp Street is formalised in accordance with statutory provisions.

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.

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 use of Hobart City Council highway reservation (e.g. outdoor seating, 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. 

PERMIT FOR VEHICLE ACCESS TO ELIZABETH STREET MALL

You may require a permit for vehicle access to the Elizabeth Street mall. Please contact the Hobart City Council’s Customer Services and Parking operations.

STORM WATER

Advice: Council notes that the site is subject to the severe overland flooding and all external doors should be outward opening and sealed to be flood proofed to withstand flood depth. Only the top half of the door should be glazed to minimise the internal flood damage.

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.

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. 

Briscoe
Harvey                                                 That the recommendation be adopted.

Amendment

Thomas

Sherlock                                                                                                                  

That an additional advice clause be included that reads:

Consideration be given to retaining the neon “Kodak” sign on the front of the building or removing the sign and displaying the components of the sign in a publicly accessible place.

AMENDMENT CARRIED

VOTING RECORD

Amendment

Dutta

Ewin                                                                                                                              

That the following advice clause also be included:

Consideration should also be given to preserving the original masonry “Kodak” sign on the front of the building and displaying it so that it is visible to the public, in a location to be finalised through discussions with the Director City Planning.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

Deputy Lord Mayor Burnet was not present for the vote on the substantive motion due to technical issues.

COUNCIL RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, extension and change of use to general retail and hire and five multiple dwellings at 45 Elizabeth Street, Hobart for the reason that the Council is satisfied that the proposal meets the requirements of the Scheme, specifically clauses E13.7.1 P1 and  E17.7.2 P1. 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-20-524 45 ELIZABETH 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 2020/01266-HCC dated 18/09/2020 as attached to the permit. 

Reason for condition

To clarify the scope of the permit.

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:

·      Provisions for commercial waste services for the handling, storage, transport and disposal of post-construction solid waste and recycle bins from the development; and

·      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). 

Advice: Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater onto a neighbouring property.

Reason for condition

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

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 first occupation.  The waste management plan must:

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

2.   Specify a maximum bin size of 330L, and a maximum number of 4x bins for residential use; and

3.   Specify a maximum bin size of 240L, and a maximum number of 2x bins for commercial use.

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

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

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 superintendant, 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 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, pre-existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

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

HER 9

The demolition of the masonry Kodak House sign is limited to only the inset panel with the embossed Kodak House text.  The masonry "frame" must be retained and preserved.

Reason for condition

To ensure that demolition in whole or part of a heritage place does not result in the unreasonable loss of historic cultural heritage values.

HER 11

The external painted 'Kodak' signage on the North West Elevation (Existing) (drawing 20035_DA09, dated August 2020) and South-East Elevation (Existing) (drawing 20035_DA07, dated August 2020) must be repainted to the east of the existing sign, as shown on Drawing 20035_DA07 dated October 2020 and provided to the Council on 30 October 2020.  The replacement signs must match the existing sign in font, dimensions and depth.  The colour must be approved by the Director City Planning. 

Reason for condition

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

HER 12

The replacement steel frame supporting the replacement sign must be affixed to the internal wall face of the masonry wall ‘mount’.

The masonry wall adjacent to the areas of demolition must be made good and conserved using like for like materials and finishes.

All fixings of the steel frame must use non-ferrous materials.

Prior to the issue of any approval under the Building Act 2016, documentation must be submitted and approved in accordance with the above requirements.

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

Reason for condition

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

HER 13

Prior to the removal of the Kodak House sign and masonry panel, the sign and panel must be recorded using archival quality annotated photographs and drawings.

The photographs and drawings must be submitted and approved by Council prior to the commencement of demolition.

Reason for condition

To ensure that demolition in whole or part of a heritage place does not result in the loss of historic cultural heritage.

HER 17a

The exterior of the building must be painted to match the existing 'Kodak' yellow.

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

All work required by this condition must be undertaken in accordance with the approved plans and must be completed prior to occupation.

Reason for condition

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

HER 17b

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved which show details of the proposed openings on the south east and north east elevations including dimensions, location and any balustrading.

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

Reason for Condition

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

SURV 8

The applicant, at no cost to the Council, must have prepared, entered into, and have registered at the Land Titles Office, a deed pursuant to Section 75CA of the Conveyancing and Law of Property Act 1884 for the encroachment of the apartments and enclosed fire stair over Kemp Street, prior to the issue of a completion certificate.

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

The applicant must prepare and forward the required instrument pursuant to section 75CA Conveyancing & Law of Property Act 1884, including a survey plan of the encroachment (certified by a registered surveyor), the associated $220 Council application fee and the Land Titles Office registration fee, to the Council for execution and subsequent registration within the Land Titles Office.

Reason for Condition

To ensure that the proposed building encroachment over Kemp Street is formalised in accordance with statutory provisions.

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.

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 use of Hobart City Council highway reservation (e.g. outdoor seating, 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. 

PERMIT FOR VEHICLE ACCESS TO ELIZABETH STREET MALL

You may require a permit for vehicle access to the Elizabeth Street mall. Please contact the Hobart City Council’s Customer Services and Parking operations.

STORM WATER

Advice: Council notes that the site is subject to the severe overland flooding and all external doors should be outward opening and sealed to be flood proofed to withstand flood depth. Only the top half of the door should be glazed to minimise the internal flood damage.

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.

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. 

ADVICE

Consideration be given to retaining the neon “Kodak” sign on the front of the building or removing the sign and displaying the components of the sign in a publicly accessible place.

Consideration should also be given to preserving the original masonry “Kodak” sign on the front of the building and displaying it so that it is visible to the public, in a location to be finalised through discussions with the Director City Planning.

9.3      63 Davey Street, Hobart - Demolition, New Building for 30 Multiple Dwellings and 21 Student Accommodation Units including Carparking, and Associated Infrastructure and Access Works - PLN-19-319

Ref:    Supplementary Open CPC 12, 2/11/2020

Application Expiry Date: 10 November 2020  

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for demolition, new building for 30 multiple dwellings and 21 student accommodation units including car parking, and associated infrastructure and access works at 63 Davey Street and 186 Macquarie Street, Hobart and adjacent road reserve, for the following reasons:

1.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause Part D 22.4.1 A1 and P1.1(a) of the Hobart Interim Planning Scheme 2015  because the development does not make a positive contribution to the streetscape and townscape, having regard to the height, bulk and design of existing and proposed buildings.

2.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 P1 of the Historic Heritage Code of the Hobart Interim Planning Scheme 2015 because the proposal results in detriment to the historic cultural heritage significance of the precinct through its design and siting.

3.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause 22.4.1 P5 of the Historic Heritage Code of the Hobart Interim Planning Scheme 2015 because the proposed building unreasonably dominates and has a materially adverse impact on adjacent existing buildings of cultural heritage significance through its height.

Briscoe

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.4      42-44 Burnett Street, North Hobart - PLN-20-633

Ref:    Supplementary Open CPC 14, 2/11/2020

That a specific delegation be granted by the Council to the City Planning Committee to determine the following application:

a.     The Council, pursuant to section 6(3) of the Land Use Planning and Approvals Act 1993, delegates to the City Planning Committee, the power to determine planning application reference PLN-20-633 for the property at 42-44 Burnett Street, North Hobart.

b.    The Council, pursuant to section 6(3) of the Land Use Planning and Approvals Act 1993, delegates to the Director City Planning the power to determine planning application reference PLN-20-633 for the property at 42-44 Burnett Street, North Hobart in circumstances where the application has been considered by the City Planning Committee and the Committee has not determined the application due to the vote on a motion being tied. 

(i)    In the event that this delegation is exercised, the application must be determined by following the recommendation of the Council’s officers, as specified in the report provided to the Committee.

Burnet

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

10.      City of Hobart Grants Program - Review of City Partnership Program

Ref:    Open CCEC 6.1, 29/10/2020

That:   1.    The Council endorse a broader review of the City of Hobart event grants which include the City Partnerships, Event Partnerships and Event Medium grants be conducted in consultation with stakeholders to be undertaken during 2021.

            2.    The review to consider the realignment of these grants to offer fairer, more streamlined and strategic event funding program that meets the needs of event organisers and the community.

Sherlock

Harvey                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

11.      Housing and Homelessness Strategy 2016-19 Review Update

Ref:    Open CCEC 6.2, 29/10/2020

That Council officers undertake targeted stakeholder engagement to further develop the draft Affordable Housing and Homelessness Commitment prior to an Elected Member Workshop in early 2021.

Sherlock

Ewin                                                           That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

12.      Festive Season Charitable Quick Response Grant

Ref:    Special Open CCEC 4.1, 9/11/2020

That:     1.    The Community Christmas Activation Quick Response Grant is suspended in 2020 with the available $10,000 grant pool diverted to an alternative quick response grant, the Festive Season Charitable Quick Response Grant.

              2.    The Festive Season Charitable Quick Response Grant would commence from 13 November 2020, for projects that are delivered in the period from 1 to 31 December 2020. The grant round would close once the funding pool has been fully allocated or 11 December, whatever comes first.

Sherlock

Ewin                                                         That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

13.      Corporate Sponsorships 2019-20

Ref:    Closed EDCC 4.1, 29/10/2020

That:   1.    The Council note the results and outcomes of the 2019-20 Sponsorship Program, including the Hobart International Tennis, Hobart Hurricanes and Hobart Run the Bridge events.

                2.     The Council note that the program will be suspended in 2020-21.

Thomas

Ewin                                                         That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

14.      Summer Marketing Campaign 2020-21

Ref:    Special Open EDCC 4.1, 9/11/2020

That:   1.       The Council endorse the proposed summer marketing campaign, estimated at $90,000 subject to the General Manager being satisfied that due diligence on the application is made.

2.      The funding for the Summer Marketing Campaign be attributed to the Hello Hobart Budget Function to the value of $50,000 and a reallocation from the Taste of Tasmania Budget Function to the value of $40,000 within the 2020-21 Annual Plan.

Thomas

Ewin                                                         That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

16.      Council Meetings COVID-19 Format

Burnet

Briscoe         

That the recommendation contained in the Special Report of the General Manager of 6 November 2020 be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That      1.      In accordance with the Council resolution of 12 October 2020,           the Council resume physical Council meetings in the Council           Chamber from 23 November 2020 noting the following;

(i)         In accordance with Public Health advice, both the Council Chamber and the Lady Osborne Room will be configured to ensure the Public Health recommendations of 1.5m physical distancing and 1 person per 2m² is maintained.

(ii)        A dedicated gallery will be established in the Lady Osborne Room for members of the public to listen and subject to Council approval, watch the meeting proceedings.

(iii)       The Public Question Time Forum occur in the Council Chamber and appropriate arrangements be made for this to occur in observance of Covid-19 safety measures.

2.    The Council approve the addition of video to the livestreaming of Council meetings in the Council Chamber.

3.    The General Manager finalise and circulate to elected members the finalised Covid Safe Plan for the return to physical meetings as soon as practicable.

17.      Elected Member Use of Social Media

Sherlock

Dutta                                                     

That the recommendation contained in the Special Report of the General Manager of 6 November 2020 be adopted.

Amendment

Thomas

Briscoe                                                                                                                      

That clause one be amended to read as follows:

That the Lord Mayor, as legislated spokesperson for the Council, or her delegated elected officials, feature in City of Hobart’s corporate social media content to report on decisions of the Council;

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council receives and notes this report and agrees:

1.      That the Lord Mayor, as legislated spokesperson for the Council, or her delegated elected officials, feature in City of Hobart’s corporate social media content to report on decisions of the Council;

2.      That City of Hobart employees will only feature in social media posts with the approval of the employee and the General Manager;

3.      That Elected Member engagement with the City of Hobart’s corporate social media accounts should be factual and/or in accordance with the Elected Member Social Media Guidelines (outlined at section T of the Development and Support Policy, included as Attachment B to supplementary item 17 of the Open Council agenda of 9 November 2020).