Minutes (Open Portion)

Council Meeting

Page 3

17/12/2018

Minutes (Open Portion)

Council Meeting

Page 6

17/12/2018

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 3 December 2018, 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.

Burnet

Harvey                                                                                                                       

That items 9.6, 9.7 and 10 be taken first, immediately after item 8.

MOTION CARRIED

VOTING RECORD

Zucco

Ewin                                                                                                                              

That item 9 from the closed portion of the meeting, be transferred to the open portion and be taken as item 29.

MOTION CARRIED

VOTING RECORD

Mr Merridew put the following question and was provided with a response from the Lordy Mayor.

Question:

In the light of the extended debate of traffic issues surrounding our city, would the Council give consideration to abandoning their plan (RFS17 File 17-0098 CPC Meeting 10/12/2018), which will permanently close off the second lane east bound on Morrison Street from the Gladstone Street/Salamanca Place roundabout towards Murray Street?

Further, this would compromise the effectiveness of Morrison from Murray to Elizabeth when under clearway provision. Thus destroying the major component of the eastern city bypass.

Response:

In accordance with the Council’s public question time procedures, only questions that do not relate to an item listed for consideration on the agenda will be answered.

As your question relates to item 9.4 of tonight’s agenda I cannot provide a response this evening. You are welcome to stay and listen to the debate.

Dr Murfet put the following question and was provided with a response from the Lordy Mayor.

Question:

Is it true that there is no specific economic evidence provided by a suitably qualified expert over the last eighteen months regarding the financial impact on lowering new building heights to 45 metres in the Hobart CBD and is this causing councillors to come up with wildly differing opinions on this matter? Should a decision on this issue be postponed until clear evidence is obtained.

Response:

In accordance with the Council’s public question time procedures, only questions that do not relate to an item listed for consideration on the agenda will be answered.

As your question relates to item 10 of tonight’s agenda I cannot provide a response this evening. You are welcome to stay and listen to the debate.

9.1      9 - 11 Murray Street, Hobart - Change of Operating Hours

Ref:    Open CPC 7.1.1, 10/12/2018

Application Expiry Date: 18 December 2018

Extension of Time: Not applicable

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for change of operating hours at 9­11 Murray Street HOBART for the reasons outlined in the officer’s report, attached to item 7.1.1 of the Open City Planning Committee agenda of 10 December 2018, and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­777 9­11 MURRAY STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 6

The outdoor seating area must not be open to the public outside of the following hours:

·     Monday 6pm to 4am

·     Tuesday 6pm to 4am

·     Wednesday 6pm to 4am

·     Friday 6pm to 5am

·     Saturday 6pm to 5am

·     Sunday 6pm to 5am

Reason for condition

To clarify the scope of the permit.

Behrakis

Ewin                                                        That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      50 Macquarie Street Hobart - Alterations (Solar Panels)

Ref:    Open CPC 7.1.2, 10/12/2018

Application Expiry Date: 17 January 2019

Extension of Time: Not applicable

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for alterations (solar panels) at 50 Macquarie Street, Hobart for the reasons outlined in the officer’s report, attached to item 7.1.2 of the Open City Planning Committee agenda of 10 December 2018 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­729 ­ 50 MACQUARIE STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

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

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.

Burnet

Harvey                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.3      57 - 63 Macquarie Street, Hobart - (Alterations (Solar Panels)

Ref:    Open CPC 7.1.3, 10/12/2018

Application Expiry Date: 22 January 2019

Extension of Time: Not applicable

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for alterations (solar panels) at 57­63 Macquarie Street, Hobart for the reasons outlined in the officer’s report, attached to item 7.1.3 of the Open City Planning Committee agenda of 10 December 2018 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­730 ­ 57­63 MACQUARIE STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

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

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.

Burnet

Harvey                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.4      Salamanca Place & 40 Salamanca Place & 30 Salamanca Place & Castray Esplanade & Montpelier Retreat, Battery Point & Morrison Street, Hobart - Roadworks including Tree Removal and Replacement, installation of Public Street Furniture, and Associated Alterations to Infrastructure

Ref:    Open CPC 7.1.4, 10/12/2018

Application Expiry Date: 18 December 2018

Extension of Time: Not applicable

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for roadworks including tree removal and replacement, installation of public street furniture, and associated alterations to infrastructure at Salamanca Place & 40 Salamanca Place & 30 Salamanca Place & Castray Esplanade & Montpelier Retreat, Battery Point & Morrison Street, Hobart for the reasons outlined in the officer’s report, attached to item 7.1.4 of the Open City Planning Committee agenda of 10 December 2018, and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­641 ­ SALAMANCA PLACE & 40 SALAMANCA PLACE & 30 SALAMANCA PLACE & CASTRAY ESPLANADE & MONTPELIER RETREAT, BATTERY POINT & MORRISON STREET, HOBART TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2018/01549­HCC dated 26 September 2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

In the event of any discrepancies between the plans and the artist's impressions, the development must be constructed in accordance with the plans.

Reason for condition

To clarify the scope of the permit.

ENG sw2.1

A pre construction CCTV video of the Council stormwater mains beneath the proposed new pavement, along with photos of any drainage structures to be connected to or modified, must be submitted to Council prior to the commencement of work.

Reason for condition

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

ENG sw2.2

A post construction CCTV video of the Council stormwater mains beneath the new pavement, along with photos of any existing drainage structures connected to or modified as part of the development, must be submitted to Council upon completion of all work.

The post construction CCTV & photos will be relied upon to establish the extent of any damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to Council the pre construction CCTV, then any damage to Council's infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

Reason for condition

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

ENG sw5

The new stormwater infrastructure must be designed and constructed prior to the commencement of the use.

Engineering plans and computations prepared by a suitably qualified and experienced civil engineer must be submitted to and approved by Council prior to commencement of work. The plans must include:

1.    Plan and sectional views of the proposed stormwater infrastructure.

2.    Finished surface contours of the proposed new pavement areas ensuring that all low points are adequately drained.

3.    Longitudinal section and cross sections of the 1% AEP flow path.

4.    Pavement design in accordance with the Austroads Guide to Pavement Technology.

5.    Construction management plan that incorporates contingency measures to be implemented in the event of a significant storm occurring during replacement of the 600mm stormwater main.

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

Advice:

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

Reason for condition

To ensure Council’s hydraulic infrastructure meets acceptable standards.

ENG sw6

All stormwater from the proposed development must be discharged to the Council’s stormwater infrastructure with sufficient receiving capacity prior to commencement of use. All costs associated with works required by this condition are to be met by the owner.

Design drawings of the proposed connections to Council's stormwater infrastructure, prepared by a suitably experienced civil engineer, must be submitted to and approved by Council prior to the commencement of work. The design drawings and calculations must include:

1.    Details of the proposed methods of connection.

2.    Existing and proposed invert and finished surface levels, structure sizes and specifications etc.

3.    A clear delineation between public and private drainage infrastructure where applicable.

All work required by this condition must be undertaken in accordance with the approved design drawings and the current standards and specifications of the City of Hobart.

Advice:

·     The applicant is advised to submit detailed design drawings 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 3a

The vehicular access and parking module (parking spaces, aisles and manoeuvring area) for the proposed car park off of Castray Esplanade must be designed and constructed generally in accordance with Australian Standard AS/NZS2890.1:2004 and AS/NZS2890.6:2009, 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. A turning area must be provided to ensure vehicles can exit the car park in a forward direction.

Advice:

·     It is advised that the designer consider left hand exit only from the Castray Esplanade car park access.

Reason for condition

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

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.

A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, pre­existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

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

ENG s1

Prior to the commencement of works, detail drawings of the proposed works within the highway reservations must be submitted to and approved by the Council's Director City Infrastructure. The detail drawings must include a street lighting design, tree planting details, location of new and existing infrastructure and ownership of infrastructure. All road infrastructure drawings are to be designed by a suitably qualified and experienced person in accordance with the Institute of Public Works Engineering Tasmanian Standard Drawings and Guidelines, the Department of State Growth Specifications, street lighting to AS/NZS 1158 series and all other relevant standards, guidelines and procedures.

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

Advice:

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

·     The street lighting must be provided in accordance with the requirements of TasNetwork and the City.

·     Speed humps will require the approval of State Growth to be obtained by the developer.

Reason for condition

To ensure works are undertaken in accordance with Council requirements.

ENG s2

Prior to the issue of a completion certificate, as constructed drawings and specifications for infrastructure within the highway reservations must be submitted to the City to the satisfaction of the Director City Infrastructure which includes detail electrical plans.

Reason for condition

To ensure works are undertaken in accordance with Council requirements.

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.

HER 12

The rocks and stonework that forms the boundary edge of the Parliamentary Gardens must be protected and conserved during the approved construction.

Prior to the issue of any approval under the Building Act 2016, documentation must be submitted and approved which details how the rocks and stonework are to be protected during construction process in accordance with the above requirement.

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 6

The Statement of Archaeological Potential and Archaeological Method Statement produced by Praxis Environment dated August 2018 shall be implemented in full in accordance with the recommendations of the report.

Within the Zones identified as being of medium to high potential, all onsite excavation and disturbance must be conducted and monitored by a suitably qualified archaeologist. All and any recommendations made by the archaeologist engaged in accordance with above must be complied with in full; and all features and/or deposits discovered must be reported to the Council within 2 working days of the discovery; and a copy of the archaeologists advice, assessment and recommendations obtained in accordance with above must be provided to Council within 5 working days of receipt of the advice, assessment and recommendations.

Excavation and/or disturbance must not recommence unless and until approval is granted from the Council.

Reason for condition

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

HER 18

All trees within the boundary of the site, or within 10 metres of the extent of the works except those already approved for removal must be protected throughout excavation and post construction.

A report must be submitted for approval prior to the commencement of work. The report must:

1.    Be prepared by a suitable qualified person; and

2.    Show all tree protection zones and relevant measures specified under Section 3 Determining the Protection Zones of the Selected Trees, Section 4 Tree Protection Measures and Section 5 Monitoring and Certification of AS4970­2009 Protection of trees on development sites, around (tree details).

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

Advice:

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

·     Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To ensure that significant trees are not unnecessarily destroyed and are managed in a way that maintains their health and appearance.

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 PLANNING

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

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

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

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.

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.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Burnet

Harvey                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.5      35 Derwentwater Avenue, Sandy Bay - Subdivision (Boundary Adjustment) and Multiple Dwellings

Ref:    Open CPC 7.2.1, 10/12/2018

Application Expiry Date: 17 December 2018

Extension of Time: Not applicable

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for subdivision (boundary adjustment) and multiple dwellings at 35 Derwentwater Avenue, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.2.1 of the Open City Planning Committee agenda of 10 December 2018, and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­18­103 ­ 35 DERWENTWATER AVENUE SANDY BAY TAS 7005 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2018/00290­HCC as amended 25/9/2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

The approved boundary adjustment must be completed prior to the issue of any consent under the Building Act 2016 for the multiple dwellings also approved by this permit. Confirmation that titles have been issued for lots that are substantially in accordance with the approved boundary adjustment must be provided with any application or notification under the Building Act 2016 for the multiple dwellings (including for low or medium risk work).

Reason for condition

To ensure that the residential density of the development is consistent with this approval.

ENG sw2.1

The Council’s stormwater infrastructure within the subject site must be protected from damage during the construction of the development.

Digital copies of pre­works CCTV video and report of the Council stormwater infrastructure must be undertaken and submitted to Council:

1.    Prior to commencement of works on site for any part of main which will not be replaced, and

2.    The issue of Certificate of Practical Completion of the new section of main (taken no more than one month earlier).

The pre and post­construction CCTVs 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 pre construction CCTV video of the Council’s infrastructure, then any damage to the Council infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

Reason for condition

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

ENG sw2.2

The Council’s stormwater infrastructure within the subject site must be protected from damage during the construction of the development. Digital copies of a post­construction CCTV video and report of the Council stormwater infrastructure must be undertaken and submitted to Council prior to first occupancy of the development.

The pre and post­construction work CCTVs will be relied upon to establish the extent of damage caused to the Council’s stormwater infrastructure during construction.

In the event that the owner fails to provide to the Council a pre­construction works CCTV video of the Council’s stormwater infrastructure, then any damage to the Council infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.

Advice: Due to the diameter of the main, a tractor camera will be required to obtain adequately clear footage.

Reason for condition

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

ENG sw3

The proposed works (including fill, balustrades, retaining walls, footings and deck) must be designed to ensure the long term protection of and access to the Council’s stormwater infrastructure and the overland flow path. The main must be diverted clear of the proposed building.

Detailed engineering design must be submitted and approved prior to issue of any consent under the Building Act 2016 or commencement of works (whichever occurs first).

The detailed design must:

1.    Demonstrate how the design will maintain the overland flow path, provide adequate access to the main, impose no additional loads onto the main and that the structure will be fully independent of the main and its trenching.

2.    Include cross­sections clearly showing the relationship both vertically and horizontally between Council’s stormwater infrastructure and the proposed works (including footings), and stating the minimum setbacks from the works to the nearest external surface of the main.

3.    Include a long­section of Council's stormwater main clearly showing proposed cover.

4.    Be certified by a suitably qualified engineer.

Prior to issue of first occupancy of the development, a suitably qualified engineer must confirm the installation of the works within five metres of Council’s stormwater is in accordance with the approved drawings and complies with this condition. Should any remediation works be required, these must be carried out at the developer’s cost.