Minutes (Open Portion)

Council Meeting

Page 2

17/6/2019

Minutes (Open Portion)

Council Meeting

Page 4

17/06/2019

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 3 June 2019, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Burnet

HARVEY                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Briscoe

Thomas

Denison

Harvey

Behrakis

Dutta

Ewin

Sherlock

The Lord Mayor reminded elected members of her communication of 13 June 2019 which clarified some of the provisions in the Local Government (Meeting Procedures) Regulations 2015 specifically on Points of Order and in what circumstances these can be raised.

The Lord Mayor advised the Chamber that the agenda contained some items that may see some members of the public attending to protest.

These members of the public have a right to protest and a right to attend Council meetings, provided they do not disrupt the conduct of the meeting.

She asked that people be respectful and not disrupt the meeting but advised that in circumstances where a disruption occurs, members of the public may be required to leave the chamber.

Mr Lohberger put the following question and was provided with the corresponding response from the Lord Mayor.

Question:

In most workplaces any person who invaded a colleague's personal space and then shouted in their colleagues' face would be disciplined, or sacked, for bullying.

Does the HCC consider it acceptable behaviour for one Aldermen to approach another and shout in their face from a very close distance?

Is there a standard of behaviour for Aldermen, regarding the way they address each other and the Lord Mayor?

What steps does the HCC have in place to punish Aldermen who bully their colleagues? And, are the Aldermen themselves required to remain silent while one of their colleagues bullies another, or is that a personal decision?

Response:

Under the Local Government Act 1993, the Council must adopt a model code of conduct.  One of the matters provided for in the model code of conduct is the appropriate or inappropriate behaviour of an elected member in their relationships with the community, other councillors and council employees. 

The City of Hobart’s Elected Member Code of Conduct is available on the City’s website and a link is included in the written response to you.  It expressly states that an elected member must not bully or harass any person.

A person may make a complaint against a councillor in relation to the contravention by the councillor of the City’s Code of Conduct.  There are certain requirements in making a complaint and I would direct you to the General Manager if you have further queries in relation to that process.

Clearly, the behaviour and conduct of all elected members is something that the City of Hobart considers incredibly important and the Council’s elected members undertake regular training on this and other aspects of their roles.

Mr Lohberger then asked a supplementary question:

Item 23 on tonight's agenda discusses something called the 'City of Hobart and University of Tasmania Governance Forum'. What is this forum and is there any information available about it?

Answer:

Correspondence from UTAS and the officer’s report providing background information about this matter, is available from the Finance and Governance Committee agenda of 12 June 2019 on the City’s website.

9.         Budget Estimates 2019-20

Ref:    Open FGC 6.1, 12/06/2019

That:   1.    The expenses, revenues, capital expenditure, and plant and equipment expenditure detailed in the document ‘City of Hobart, Budget Estimates, for the 2019-20 Financial Year’, marked as Attachment A to item 6.1 of the Open Finance and Governance Committee agenda of 12 June 2019 be approved.

            2.    New borrowings of up to $20M be approved for infrastructure.

            3.    The Council delegate to the General Manager the power to enter into loan agreements to source the above borrowings on the most favourable terms.

4.    The General Rate be 6.87 cents in the dollar of assessed annual value (AAV).

5.    The following Service Rates be made:

(i)      A Stormwater Removal Service Rate of 0.38 cents in the dollar of AAV; and

(ii)     A Fire Service Rate of 1.13 cents in the dollar of AAV.

6.    A Waste Management Service Charge be made and varied according to the use or predominant use of land as follows:

(i)      A Service charge of $250 to apply to residential properties;

(ii)     A Service charge of $500 to apply to non-residential properties;

7.    A Waste Management Service Charge of $50 be made for kerbside green waste collection for all rateable land within the municipal area to which Council supplies or makes available a green waste collection service utilising a green waste collection bin.

8.    A Landfill Rehabilitation Service Charge be made and varied according to the use or predominant use of land as follows:

(i)      A Service charge of $10 to apply to residential properties;

(ii)     A Service charge of $20 to apply to non-residential properties.

9.    The rates be subject to the following remissions:

(i)      A remission of 0.83 cents in the dollar on the AAV of any land or building which is within the Fern Tree Volunteer Brigade Rating District as defined by the State Fire Commission.

(ii)     A remission of 0.85 cents in the dollar on the AAV of any land or building which is within areas other than Permanent Brigade Rating Districts or the Fern Tree Volunteer Brigade Rating District as defined by the State Fire Commission.

10.  Unspent 2018-19 capital funding be carried-forward into 2019-20, with any necessary adjustments to be made in the September 2019 quarter financial report to Council.

11.  The interest rate on unpaid rates be 8.1% per annum, charged monthly.

12.  The 2019-20 Annual Plan, marked as Attachment B to item 6.1 of the Open Finance and Governance Committee agenda of 12 June 2019 be adopted.

13.  The Long Term Financial Management plan 2020-40, marked as Attachment C to item 6.1 of the Open Finance and Governance Committee agenda of 12 June 2019 be adopted.

14.  The following delegations be approved:

(i)      Pursuant to Section 22 of the Local Government Act 1993, the Council delegate to the General Manager the power to expend monies on Council’s behalf identified as Delegation Classification 1 items in the Council’s Annual Plan; and, the Council authorise the General Manager to delegate, pursuant Section 64 of the Local Government Act 1993, to such employees of the Council as he considers appropriate, the power to expend monies on Council’s behalf identified as Delegation Classification 1 items in the Council’s Annual Plan.

(ii)     Pursuant to Section 22 of the Local Government Act 1993, the Council delegate to all the Council Committees the power to expend monies on Council’s behalf identified as Delegation Classification 2 items in the Council’s Annual Plan.

Zucco

Burnet                                                  That the recommendation be adopted.

Amendment

Behrakis

Briscoe                                                                                                                      

That Council approve a 3.25% rate rise and authorise the General Manager be to make the required amendments to facilitate this.

Briscoe

Thomas                                                                                                                       

That Alderman Zucco be granted an additional two minutes to address the meeting.

MOTION CARRIED

VOTING RECORD

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED BY ABSOLUTE MAJORITY

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.         The expenses, revenues, capital expenditure, and plant and equipment expenditure detailed in the document ‘City of Hobart, Budget Estimates, for the 2019-20 Financial Year’ be approved, as amended.

2.         New borrowings of up to $20M be approved for infrastructure.

3.         The Council delegate to the General Manager the power to enter into loan agreements to source the above borrowings on the most favourable terms.

4.         The General Rate be 6.85 cents in the dollar of assessed annual value (AAV).

5.         The following Service Rates be made:

(i)        A Stormwater Removal Service Rate of 0.38 cents in the dollar of AAV; and

(ii)       A Fire Service Rate of 1.13 cents in the dollar of AAV.

6.         A Waste Management Service Charge be made and varied according to the use or predominant use of land as follows:

(i)        A Service charge of $250 to apply to residential properties;

(ii)       A Service charge of $500 to apply to non-residential properties;

7.         A Waste Management Service Charge of $50 be made for kerbside green waste collection for all rateable land within the municipal area to which Council supplies or makes available a green waste collection service utilising a green waste collection bin.

8.         A Landfill Rehabilitation Service Charge be made and varied according to the use or predominant use of land as follows:

(i)        A Service charge of $10 to apply to residential properties;

(ii)       A Service charge of $20 to apply to non-residential properties.

9.         The rates be subject to the following remissions:

(i)        A remission of 0.83 cents in the dollar on the AAV of any land or building which is within the Fern Tree Volunteer Brigade Rating District as defined by the State Fire Commission.

(ii)       A remission of 0.85 cents in the dollar on the AAV of any land or building which is within areas other than Permanent Brigade Rating Districts or the Fern Tree Volunteer Brigade Rating District as defined by the State Fire Commission.

10.      Unspent 2018-19 capital funding be carried-forward into 2019-20, with any necessary adjustments to be made in the September 2019 quarter financial report to Council.

11.      The interest rate on unpaid rates be 8.1% per annum, charged monthly.

12.      The 2019-20 Annual Plan be adopted, as amended.

13.      The Long Term Financial Management plan 2020-40 be adopted, as amended.

14.      The following delegations be approved:

(i)        Pursuant to Section 22 of the Local Government Act 1993, the Council delegate to the General Manager the power to expend monies on Council’s behalf identified as Delegation Classification 1 items in the Council’s Annual Plan; and, the Council authorise the General Manager to delegate, pursuant Section 64 of the Local Government Act 1993, to such employees of the Council as he considers appropriate, the power to expend monies on Council’s behalf identified as Delegation Classification 1 items in the Council’s Annual Plan.

(ii)       Pursuant to Section 22 of the Local Government Act 1993, the Council delegate to all the Council Committees the power to expend monies on Council’s behalf identified as Delegation Classification 2 items in the Council’s Annual Plan.

10.1    349 Elizabeth Street, North Hobart - Partial Demolition, Alterations, Extension, Signage and Partial Change of Use to Hotel Industry

Ref:    Open CPC 7.1.1, 11/06/2019

Application Expiry Date: 23 June 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, extension, signage and partial change of use to hotel industry at 349 Elizabeth Street, North Hobart for the reasons that the application satisfies the acceptable solutions in respect to the following performance criteria:

1.    Historic Heritage Code – Listed Pace, Heritage Precinct North Hobart and

2.    North Hobart Specific Area Plan,

and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-19-137 - 349 ELIZABETH STREET NORTH HOBART TAS 7000 - Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2019/00350-HCC dated 22 March 2019 as attached to the permit. 

Reason for condition

To clarify the scope of the permit.

THC

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 5867 dated 9 May 2019, as attached to the permit. 

Reason for condition

To clarify the scope of the permit.

PLN 14

The noise generated by the use (hotel industry) must not cause environmental harm when measured at the boundary of the adjacent inner residential zone.

Reason for the condition

To ensure noise emissions do not cause environmental harm, and do not have an unreasonable impact on residential amenity.

PLN 6

The use (hotel industry) must not be open to the public outside of the following hours:

·           Monday to Sunday 7am - 12am (midnight)

Reason for condition

To ensure that non-residential use does not unreasonably impact on residential amenity.

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 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.

ENV 1

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

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

Reason for condition

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

HER 9

All replacement windows on the western and eastern elevation must be traditional timber glazed sash windows.

Prior to the issue of any consent under the Building Act 2016 (including demolition), revised plans must be submitted and approved providing further details of the windows in accordance with the above requirement, to the satisfaction of the Council's Director City Planning.  

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

Reason for condition

To ensure that the proposal does not result in the loss of historic cultural heritage values.

HER 10

The existing window at first floor in the southern elevation of the existing building must be retained. 

Reason for condition

To ensure that the proposal does not result in the loss of historic cultural heritage values.

HER 6

Salvage/retrieval/recycle must be undertaken to ensure the reuse of the following heritage fabric:

1.       The original timber cupboard/joinery in the living room (as described in Existing Upper Level Plan  PERR-R-07 dated 9/4/19),

2.      The five six-panel doors, and

3.      All original skirting boards and architraves.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing how proposed salvage/retrieval/recycle of the above heritage fabric is to be achieved in accordance with the above requirement. 

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

Reason for Condition

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

HER 7

Archival quality annotated photographs and drawings of the internal building features to be demolished must be recorded prior to commencement of work.

The photographs and drawings must be submitted and approved, prior to the commencement of work. The photographs and drawings must include: 
 

1.      The interior of the building, including but not limited to skirting boards, doors, architraves, and cupboards/joinery;

2.      Both electronic and hard copy colour images;

3.      Photographs of any detail that may be of historical or architectural interest; and

4.      Cross referencing of all photographs to “as existing” plan showing the location and orientation of the camera.

Reason for condition

To ensure recognition of the historic cultural heritage significance of the place.

HER s1

The solid to void ratio of the first floor western elevation (facing Elizabeth Street) must be increased to 75% (solid) to 25% (void). 

Prior to the issue of any consent under the Building Act 2016 (including demolition), revised plans must be submitted and approved showing a solid to void ratio in accordance with the above requirement, to the satisfaction of the Directory City Planning. 

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

Reason for condition

To ensure that the proposal does not result in the loss of historic cultural heritage values.

HER s2

The first floor western elevation (facing Elizabeth Street) must be setback from the front boundary by a minimum of 2.1m. 

Prior to the issue of any consent under the Building Act 2016 (including demolition), revised plans must be submitted and approved showing a setback in accordance with the above requirement, to the satisfaction of the Directory City Planning. 

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

Reason for condition

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

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

BUILDING PERMIT

You may need building approval in accordance with the Building Act 2016. Click here for more information. 

This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

PLUMBING PERMIT

You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

SPECIAL CONNECTION PERMIT

You may need a Special Connection Permit (Trade Waste) in accordance with the Plumbing Regulations 2014 and the Tasmanian Plumbing Code. Click here for more information. 

PUBLIC HEALTH

You may be required to provide approved/endorsed plans for a food business fit out, in accordance with the National Construction Code - Building Code of Australia including Tas Part H102 for food premises which must have regard to the FSANZ Food Safety Standards. Click here for more information. 

FOOD BUSINESS REGISTRATION
Food business registration in accordance with the Food Act 2003. Click here for more information.

OCCUPATION OF THE PUBLIC HIGHWAY

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

GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS

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

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

BEHRAKIS                                              That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

10.2    71 Letitia Street, North Hobart - Partial Demolition, Subdivision (One Additional Lot) and Alterations to Carparking

Ref:    Open CPC 7.1.2, 11/06/2019

Application Expiry Date: 11 July 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, subdivision (one additional lot) and alterations to carparking at 71 Letitia Street, North Hobart for the reasons outlined in the officer’s report, attached to item 7.1.2 of the Open City Planning Committee agenda of 11 June 2019 and a permit containing the following conditions be issued:

GEN

The use and development must be substantially in accordance with the documents and drawings that comprise PLN­19­79 ­ 71 LETITIA STREET NORTH HOBART TAS 7000 ­ FINAL PLANNING DOCUMENTS, except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2019/00225­HCC dated 17 April 2019, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

THC

The use and development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 5845 dated 22 May 2019, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

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 sealing of the final plan.

Detailed engineering drawings must be submitted and approved, prior to commencement of work. 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.

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 a Council City Infrastructure Division 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 Council City Infrastructure 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 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 sealing of the final plan. 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.      Prepared by a suitably qualified person; and

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

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 to a suitable Council approved outlet.

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/NZS1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or

parking and turning areas approved under the permit.

Advice:

·    The Council does not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3. Slopes greater than 1 in 4 will require a vehicular barrier or wheel stop.

·    Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the NCC2016 are also required in the parking module this area may be considered as a path of access to a building.

Reason for condition

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

ENG 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.

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 3c

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the Pitt & Sherry Proposed Parking Lot design drawing received by the Council on the 19th February 2019, except that the parking module must be amended to the satisfaction of the Director City Planning to include:

·    motorcycle parking to satisfy clause E.6.6.3 A1 of the Hobart Interim Planning Scheme 2015; and

·    bicycle parking to satisfy the requirements of Table E6.2 of the Hobart Interim Planning Scheme 2015 for ‘Business and Professional Services’.

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

Reason for condition

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

ENG 5

The minimum number of car parking spaces (including two accessible parking spaces for people with a disability) approved on the site for use, is sixty two (62).

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 sealing of the final plan.

Reason for condition

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

ENG 9

All car parking spaces for people with disabilities must be delineated to Australian/NZS Standard, Parking facilities Part 6: Off­street parking for people with disabilities AS/NZS 2890.6: 2009, prior to the commencement of the use.

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

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 1

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

Advice:

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

Reason for condition

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

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.

ENG 14

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 in order to ensure that they are contained wholly within the lots served (or appropriate easements).

Reason for condition

To ensure that the subdivision of land provides adequate services to meet the projected needs of future development.

ENG15

In order to satisfy condition ENG 14 on the separation of services, the developer must verify compliance by supplying the Council with an as­ installed services plan clearly indicating the location and details of all relevant services (entirely contained within their respective lots or appropriate easements). The as­installed 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 qualified person that clearly certifies that this condition has been satisfied and that all the work required by this condition has been completed. A “qualified person” must be a Professional Engineer or Professional Surveyor or other persons acceptable to Council.

Reason for condition

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

Part 5 1

Prior to the commencement of work, the owner(s) of the property must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 and which provides for the following:

1.   That Lot 1 is designated for multiple dwelling use and development only.

All costs for the preparation and registration of the Part 5 Agreement must be met by the owner.

The owner must comply with the Part 5 Agreement which will be placed on the property title.

Advice:

·    Please contact the Council's Development Appraisal Unit on 6238 2715 to request the Part 5 Agreement process be started. Once the request to start the process has been made, the Council will have its solicitors prepare the Part 5 Agreement for signing by property owners. Council will then lodge the Agreement with the Lands Titles Office to be placed on the title of the property. The cost of preparing the Part 5 and registration with the Recorder of titles is to be met by the applicant.

·    Where building approval is also required, it is recommended that the Part 5 Agreement process be started well before submitting documentation for building approval. Failure to start the Part 5 Agreement process prior to submitting for building approval may result in unexpected delays.

Reason for condition

To clarify the intended future use and development of the lot and to ensure compliance with the requirements of Table 11.1 of the Hobart Interim Planning Scheme 2015 with regard to acceptable lot size.

OPS 1

The owner must pay a cash contribution to the Council for contribution to public open space, prior to sealing of the final plan.

The open space contribution is equal to 5% of the undeveloped value of Lot 1, in lieu of the provision of public open space within the subdivision.

Advice:

·    The value is to be determined by a registered valuer commissioned by the Council at the developer's cost. Please contact the Council's Development Appraisal Unit on 6238 2715 to instigate the valuation process.

Reason for condition

Approval of the subdivision will create further demand upon Hobart's Public Open Space System. The funds obtained will be used for future expenditure on the purchase or improvement of land for public open space in Hobart.

SUB s1

The existing brick building straddling the south­eastern boundary of Lot 1 is to be removed, prior to the sealing of the final plan.

Reason for condition

To ensure that there are no building encroachments over the boundary of Lot 1.

SUB s2

A stormwater drainage design must be submitted and approved, prior to the commencement of use.

To satisfy the above requirement, the stormwater drainage design must:

1.      Be prepared by a suitably qualified person;

2.      Accommodate a storm with an average recurrence interval (ARI) of 20 years; and

3.      Ensure that stormwater runoff will be no greater than pre­existing runoff or any increase can be accommodated within existing or upgraded public stormwater infrastructure.

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

Advice:

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

Reason for condition

To ensure that the subdivision of land provides adequate services to meet the projected needs of future development.

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 (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

TREES

Works are to ensure that any impact on the three trees on Letitia Street along the frontage of the balance lot is minimised. For example, there should be no storage of materials, parking of cars or compaction within the Tree Protection Zone.

STORM WATER

Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Hydraulic Services By law. Click here for more information.

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.

SUBDIVISION ADVICE

For information regarding standards and guidelines for subdivision works click here.

All conditions imposed by this permit are in accordance with the Local Government Building & Miscellaneous Provisions) Act 1993 and the Conveyancing and Law of Property Act 1884.

PUBLIC OPEN SPACE ­ CASH IN LIEU VALUATION

Please contact the Council's Development Appraisal Unit on 6238 2715 to instigate the valuation process.

Burnet

behrakis                                              That the recommendation be adopted.

Amendment

Briscoe

Dutta                                                                                                                           

That the City Infrastructure Committee be requested to address on-street parking in the area of the development.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That     A:

Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, subdivision (one additional lot) and alterations to carparking at 71 Letitia Street, North Hobart for the reasons outlined in the officer’s report, attached to item 7.1.2 of the Open City Planning Committee agenda of 11 June 2019 and a permit containing the following conditions be issued:

GEN

The use and development must be substantially in accordance with the documents and drawings that comprise PLN­19­79 ­ 71 LETITIA STREET NORTH HOBART TAS 7000 ­ FINAL PLANNING DOCUMENTS, except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2019/00225­HCC dated 17 April 2019, as attached to the permit.