Minutes (Open Portion)

Council Meeting

Page 3

17/12/2020

Minutes (Open Portion)

Council Meeting

Page 41

17/12/2020

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 7 December 2020, and the Special Meeting of All Council Committees meeting held on Monday, 7 December 2020, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Burnet

EWIN                                                           That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

The Lord Mayor advised that the City of Hobart had recently been presented with a Tasmanian Human Rights Week Award 2020 for the Hobart Respects All Campaign.

The award was presented to the Lord Mayor and staff on 10 December, along with the following citation:

In March 2020, the City of Hobart launched the Hobart Respects All initiative in response to evidence of rising racism. Their messages of kindness, gratitude, and respect appeared on Metro buses, shopping bags, stickers, posters and street banners. The messages empowered bystanders to show kindness to anyone experiencing racism, by supporting them. It is everyone’s responsibility to help make our community inclusive and respectful. The judges commend the City of Hobart, and with great honour, that a key agent of government showed the courage to use the language that inspires the deep awareness and tenderness within our beings that dissolves racism – and they did not shrink from calling that empowering quality by its name – kindness.

The Lord Mayor advised that in November 2020, the Planning Institute of Australia recognised Council with an award for planning excellence in the category of Improving Planning Processes and Practices for the project Connected Hobart Smart City Framework and Action Plan.  

The Lord Mayor advised that as part of her role as Lord Mayor and the duties set out under the Local Government Act 1993, she has produced an annual report detailing the activities undertaken in her capacity as Lord Mayor to meet those obligations.  The Report has been made available on the Council’s website.

The Lord Mayor presented a gift received on Tuesday 15 December 2020, during an official call with the Consul General of the Republic of Indonesia the Honourable Ms Spica A Tutuhatunewa and Vice Consul Mr Alfons Sroyer.

The gift, a decorative Rumah Minang House – a traditional building from Sumatera, will be displayed in the Henry Hunter Room.  The unique architecture is for strength to face the weather and also symbolises a social strata.

The Deputy Lord Mayor advised that Lord Mayor Councillor Reynolds, was recently announced as having been invited to join the Global Covenant of Mayors for Climate & Energy (GCoM) Board of Mayors.

The Global Covenant Board leads the largest global alliance for city climate leadership, representing more than 10,000 cities around the world committed to addressing climate change.

The Board is co-Chaired by Michael R. Bloomberg founder of Bloomberg Philanthropies and Bloomberg LP and 108th Mayor of New York City, and Frans Timmermans, European Commission Executive Vice-President.

The Lord Mayor will be a voice for the thirty-seven GCoM cities located in Oceania, which are home to more than six million residents. Oceania has been devastated by the accelerating and worsening impacts of the climate emergency, including unprecedented bushfires and rising sea levels.

The Lord Mayor will take up this two year position which builds on more than 20 years of work the Council has done to take action on climate change.

9.1      PLN-20-705 - 19 View Street, Sandy Bay - Partial Demolition, Alterations, Extension and Front Fencing

Ref:    Open CPC 7.1.1, 14/12/2020

Application Expiry Date: 18 December 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, alterations, extension and front fencing at 19 View Street, Sandy Bay for the following reasons:

1.    The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because it includes demolition which will result in the loss of part of a building, as well as fabric and landscape elements, all of which contribute to the historic cultural heritage significance of the precinct, and none of the following apply:

a.    There are, environmental, social, economic or safety reasons of greater value to the community than the historic cultural heritage values of the place;

b.    There are no prudent or feasible alternatives;

c.    Opportunity is created for a replacement building that will be more complementary to the heritage values of the precinct.

2.    The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because its design and siting will result in detriment to the historic cultural heritage significance of the precinct, as listed in Table E13.2.

3.    The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 P3 of the Hobart Interim Planning Scheme 2015 because it is an extension to the existing building and will detract from the historic cultural heritage significance of the precinct.

Burnet

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      7 Nixon Street, Sandy Bay - Partial Demolition, Alterations, Extension and Front Fencing

Ref:    Open CPC 7.1.4, 14/12/2020

Application Expiry Date: 18 January 2021

That the item be referred to the Council without recommendation.

Burnet

Behrakis                                                                                                                   

In accordance with the applicant’s request, the matter be withdrawn from the agenda.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

In accordance with the applicant’s request, the matter be withdrawn from the agenda.

9.3      9 Kooyong Glen, South Hobart - Subdivision (Boundary Adjustment)

Ref:    Open CPC 7.1.5, 14/12/2020

Application Expiry Date: 18 December 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for subdivision (boundary adjustment) at 9 Kooyong Glen South Hobart for the reasons outlined in the officer’s report attached to item 7.1.5 of the Open City Planning Committee agenda of 14 December 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 PLN­20­774 9 KOOYONG GLEN SOUTH HOBART TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2020/01889­HCC dated 2 December 2020 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

All habitable windows within the southwestern elevation with a finished floor area greater than 1 metre above natural ground level must either be replaced with obscured glazing to a height of 1.7m above finished floor level, have obscure film installed on them to a height of 1.7m above finished floor level, or have permanent screening installed to a height of 1.7m above the floor level, with no more than 25% uniform transparency. This must be completed prior to the sealing of the final plan of subdivision.

Reason for condition

To provide reasonable opportunity for privacy for dwellings.

ENG sw2.1

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

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

Reason for condition

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

ENG sw2.2

A post­construction CCTV recording of the Council’s stormwater main within/adjacent to the proposed development, along with photos of any existing drainage structures connected to or modified as part of the development, must be submitted to Council upon completion of work.

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

Reason for condition

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

ENG sw4

The new stormwater connection must be constructed by the Council at the owner’s expense, prior to 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.

2.      A private transition pit or IO at the boundary, delineating private vs public.

3.      long­sections of the proposed connection(s) clearly showing any nearby services, cover, size, material and delineation of public and private infrastructure.

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 Amenity 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 Amenity Division.

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

Reason for condition

To ensure the site is drained adequately.

ENG 2a

Prior to sealing of the final plan of subdivision, vehicular barriers compliant with the Australian Standard AS/NZS 1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.

Advice:

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

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

Reason for condition

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

ENG 2b

Prior to the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first), a certified vehicle barrier design (including site plan with proposed location(s) of installation) prepared by a suitably qualified engineer, compliant with Australian Standard AS/NZS 170.1:2002, must be submitted to Council.

Advice:

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

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

Reason for condition

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

ENG 3a

The access and parking module (including parking deck modifications) must be designed and constructed in accordance with Australian Standard AS/NZS 890.1:2004 (including the requirement for vehicle safety barriers where required), or a Council approved alternate design prior to sealing of the final plan of subdivision.

Advice:

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

Reason for condition

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

ENG 3b

The access and parking module (including parking deck modifications) design must be submitted and approved, prior to the issuing of any approval under the Building Act 2016 or commencement of work (whichever occurs first).

The access and parking module (including parking deck modifications) design must:

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

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

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

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

5.      Include full structural details and certification by a licensed structural engineer for the proposed modifications to the parking deck.

Advice:

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

Once the design has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement) Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

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

ENG 1

Any damage to council infrastructure resulting from the implementation of this permit, must, at the discretion of the Council:

1.      Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or

2.      Be repaired and reinstated by the owner to the satisfaction of the Council.

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

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

Reason for condition

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

ENG r3

Prior to the sealing of the final plan, the proposed driveway crossover in the Romilly Street highway reservation must be constructed in general accordance with:

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

·        Footpath ­ Urban Roads Footpaths TSD­R11­v1.

Design drawings must be submitted and approved prior to the issue of any approvals under the Building Act 2016, the sealing of the final plan, or the issue of a permit to open up the highway (whichever occurs first).  The design drawings must:

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

2.      Show that the redundant portion of crossover on the lower side of the driveway will be reinstated to KC kerb;

3.      Show a long section of the footpath at the property boundary and kerb, including existing and proposed levels;

4.      Show cross sections of the footpath demonstrating that crossfall will be towards the road not exceeding 4%;

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

6.      Be designed for the expected vehicle loadings, including a structural certificate;

7.      If the design deviates from the requirements of the TSD then the drawings must demonstrate that a B85 vehicle can access the parking bay from the road pavement into the property without scraping the cars underside;

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

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

Advice:

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

Failure to address condition endorsement requirements prior to submitting for a permit to work within the highway may result in unexpected delays.

A permit to open up the highway will be required for the works required by this condition.

Reason for condition

To ensure that works will comply with the Council’s standard requirements.

SURV 1

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

Reason for condition

To enable the Council to accurately update cadastral layers on the corporate Geographic Information System.

SURV 2

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

Reason for condition

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

SURV 3

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

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

Over any proposed parking decks in favour of the lots they are required to serve.

Reason for condition

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

SURV 5

The proposed Road lot is to be transferred in fee simple to the Council at nominal consideration.

Prior to the sealing of the final plan an executed and stamp duty assessed Land Titles Office transfer instrument is to be forwarded to the Council together with a cheque made payable to the Land Titles Office for the associated Land Titles Office registration fees.

Reason for condition

To ensure that title to the proposed road lot issues in the Council.

SURV 11

Lots 1 and 2 on the final plan are to be notated to the effect that the subdivision shown in the plan is approved in accordance with the provisions of section 109(8) of the Local Government (Building & Miscellaneous Provisions) Act 1993, in that the Hobart Interim Planning Scheme 2015 makes provision for the dimensions of lots 1 and 2.

Reason for condition

To record that the Hobart Interim Planning Scheme 2015 has made provision for the dimensions and qualities of lots 1 and 2 and to comply with Part 3 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

SURV 12

Lot 2 on the final plan is to be notated in accordance with the provisions of section 83(5)(a)(ii) of the Local Government (Building & Miscellaneous Provisions) Act 1993, to the effect that the Hobart City Council cannot provide a means of gravity reticulated stormwater disposal from lot 2 below a specified reduced level.

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

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

Reason for condition

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

SURV 13

The final plan is to be notated in accordance with the provisions of section 83(7) (b) of the Local Government (Building & Miscellaneous Provisions) Act 1993 to the effect that the Tasmanian Water and Sewerage Corporation cannot provide a means of gravity reticulated sewerage disposal from lot 2 below a specified reduced level.

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

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

Reason for condition

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

ENG 16

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

Reason for condition

To ensure that each lot is services separately.

ENG 17

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

Advice:

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

Reason for condition

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

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 2 in the final plan, 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.

ADVICE

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

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

CONDITION ENDORSEMENT ENGINEERING

All engineering drawings required to be submitted and approved by this planning permit must be submitted to the City of Hobart as a CEP (Condition Endorsement) via the City’s Online Service Development Portal. When lodging a CEP, please reference the PLN number of the associated Planning Application. Each CEP must also include an estimation of the cost of works shown on the submitted engineering drawings. Once that estimation has been confirmed by the City’s Engineer, the following fees are payable for each CEP submitted and must be paid prior to the City of Hobart commencing assessment of the engineering drawings in each CEP:

Value of Building Works Approved by Planning Permit Fee:

Up to $20,000: $150 per application.

Over $20,000: 2% of the value of the works as assessed by the City's Engineer per assessment.

These fees are additional to building and plumbing fees charged under the Building and Plumbing Regulations.

Once the CEP is lodged via the Online Service Development Portal, if the value of building works approved by your planning permit is over $20,000, please contact the City’s Development Engineer on 6238 2715 to confirm the estimation of the cost of works shown on the submitted engineering drawings has been accepted.

Once confirmed, pleased call one of the City’s Customer Service Officers on 6238 2190 to make payment, quoting the reference number (ie. CEP number) of the Condition Endorsement you have lodged. Once payment is made, your engineering drawings will be assessed.

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

NEW SERVICE CONNECTION

Please contact the Hobart City Council's City Amenity Division to initiate the application process for your new stormwater connection.

STORMWATER

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

STRUCTURES CLOSE TO COUNCILS' STORMWATER MAIN

The design of structures (including footings) must provide protection for the Council’s infrastructure. For information regarding appropriate designs please contact the Council's City Amenity Division.  You may need the General Manager's consent under section 13 of the Urban Drainage Act 2013 and consent under section 73 or 74 of the Building Act 2016.

WORK WITHIN THE HIGHWAY RESERVATION

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

REDUNDANT CROSSOVERS

Redundant crossovers are required to be reinstated under the Hobart City Council’s Infrastructure By law. Click here for more information.

ACCESS

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

CROSS OVER CONSTRUCTION

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

STORMWATER / ROADS / ACCESS

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

NOISE REGULATIONS

Click here for information with respect to noise nuisances in residential areas.

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.

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.

Burnet

Behrakis                                              That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.4      646A Sandy Bay Road, Sandy Bay - Alterations to Wash Down Bay

Ref:    Open CPC 7.1.9, 14/12/2020

Application Expiry Date: 11 January 2021

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations to wash down bay, at 646A Sandy Bay Road, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.1.9 of the Open City Planning Committee agenda of 14 December 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 PLN­20­681 ­ 646A SANDY BAY ROAD SANDY BAY TAS 7005 ­ CPC Agenda Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG sw1

All stormwater from the proposed development must be drained in a way to minimize any slip hazard prior to first occupation or commencement of use (whichever occurs first).

Advice :

Council's stormwater unit recommends that the proposed 300 wide grated drain to dispose of along the existing ramp located on the left side instead of the existing concrete and over the steps.

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, 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.

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.

Burnet

Harvey                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

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

Ref:    Open CPC 8.1, 14/12/2020

That having considered the submissions from the petitioner and objectors the Council refuses to amend Sealed Plan SP167721 – 7 Montrivale Rise for the following reasons:

1.   The petitioner has obtained a waiver of the covenant from the vendor and therefore the amendment is not necessary;

2.   There are maintenance provisions in SP167721. Lots 8, 12 and 13 on SP167721 have been further subdivided and are now contained on SP171608 and SP177349.  The maintenance provisions contained within the Schedule of Easements SP167721 are replicated in the Schedule of Easements SP171608 and Schedule of Easements SP177349.  An amendment to the Schedule of Easements SP167721 will not amend Schedule of Easements SP171608 or Schedule of Easements SP177349 and therefore the amendment will result in inconsistencies which the Council has no power to rectify.

Burnet

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

11.      Amendment PSA-18-2 - 66 Summerhill Road Rezoning - Consideration of Representation

Ref:    Open CPC 8.2, 14/12/2020

That:   1.    Pursuant to Section 39(2) of the former provisions of the Land Use Planning and Approvals Act 1993, Council endorse the report marked as item 8.2 of the Open City Planning Committee agenda of 14 December 2020 as the formal statement of its opinion as to the merit of the representation received during the exhibition of the draft PSA-18-2 Amendment.

            2.    Pursuant to Section 39(2) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council recommend to the Tasmanian Planning Commission that the PSA-18-2 amendment marked as Attachment B to item 8.2 of the Open City Planning Committee agenda of 14 December 2020 be approved as certified.

Burnet

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

12.      Petition - Ridgeway Rural Living Zone

Ref:    Open CPC 8.3, 14/12/2020

That the information contained in the memorandum titled “Petition – Ridgeway Rural Living Zone”, marked as item 8.3 of the Open City Planning Committee agenda of 14 December 2020 be received and noted with a community engagement process to be undertaken with the Ridgeway residents.

Burnet

Dutta                                                      That the recommendation be adopted.

Amendment

Harvey

Behrakis                                                                                                                   

That the words “with a community engagement process to be undertaken with the Ridgeway residents” be deleted.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the information contained in the memorandum titled “Petition – Ridgeway Rural Living Zone”, marked as item 8.3 of the Open City Planning Committee agenda of 14 December 2020 be received and noted.

13.      Building and Planning Statistics 1 November - 30 November 2020

Ref:    Open CPC 8.4, 14/12/2020

That the report of the Director City Planning be received and noted:

During the period 1 November 2020 to 30 November 2020, 48 permits were issued to the value of $20,959,229 which included:

(i)      28 for Extensions/Alterations to Dwellings to the value of $8,347,229;

(ii)     14 New Dwellings to the value of $4,270,000; and

(iii)    3 Major Projects:

(a)     11 Swan Street, North Hobart – Commercial Extension - $9,200,000;

(b)     109-113 Liverpool Street, Hobart – Commercial Internal Alterations - $2,100,000;

(c)     720 Sandy Bay Road, Sandy Bay – Multiple Dwellings - $1,150,000;

During the period 1 November 2019 to 30 November 2019, 49 permits were issued to the value of $53,862,864 which included:

(i)      24 for Extensions/Alterations to Dwellings to the value of $3,311,163;

(ii)     31 New Dwellings to the value of $39,430,000; and

 (iii)   4 Major Projects:

(a)     40 Melville Street, Hobart – New Commercial Building – Tower Building - $30,000,000;

(b)     23-25 Goulburn Street, Hobart – New Commercial Building - $8,000,000;

(c)     1 Franklin Wharf, Hobart – Commercial Internal Alterations - $5,000,000;

(d)     52-66 Liverpool Street, Hobart – Commercial Internal Alterations - $3,000,000;

In the twelve months ending November 2020, 646 permits were issued to the value of $201,734,190 and

In the twelve months ending November 2019, 610 permits were issued to the value of $325,125,444.

Burnet

Thomas                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

14.      Short Stay Accommodation - Planning Directive

Ref:    Open CPC 9.1, 14/12/2020

Motion:

“That a report be prepared on the possible amendments, and their merits, to the planning regulations to more appropriately control the number of private properties being converted to short stay accommodation.”

Rationale:

“The impact of SSA on the private rental market here in Hobart is now well-documented by leading academics. Peer-reviewed research demonstrates a causal link between high levels of SSA and availability and affordability on our local private rental market. AHURI research released this week found that a staggering 12% of all private rentals in our LGA had been converted to SSA by March 2020: this is one of the highest globally. When the market retracted due to Covid, 22% (or a return of 2.64% of all rental properties) of the SSA homes returned to the longer term rental market, resulting in a drop in rental prices across our LGA of 9%.

But because of the boost in social support payments (Jobkeeper, Jobseeker), the vacancy rate is now back to pre-Covid levels, as people who previously could not afford to rent appropriate housing (living in overcrowded sharehouses, hostels, caravans, garages etc.) have been able to enter the private rental market.

We are still in a housing crisis. Affordability and availability of rental properties in Hobart is well below what is considered healthy, with the vacancy rate sitting at 0.6% (SQM Research) - a healthy vacancy rate is 3%. Housing in our LGA is not affordable to those on lower incomes, and our city and surrounding suburbs are becoming gentrified at an alarming rate.

When entire homes are converted to SSA in an already tight rental market, it negatively impacts the supply and affordability for local residents. This pushes people on lower incomes- students, migrants, people from CALD backgrounds, LGBTIQ+ folk and people with disabilities out of our LGA, leading to further stratification of our community, as well as the loss of the culture and vibrancy that having a social mix of residents brings.

We as a Council have a duty of care to our community to explore all mechanisms available to us, in order to facilitate more equitable housing outcomes in our city; which will be especially impactful for marginalised people and those on lower incomes.

In order to rebuild our local economy and maintain a safe and inclusive community, we need to design policies that enable diverse people to not only work and play, but live in our city and surrounds. This is responsible planning for the future of our city in a post-Covid world.

This recommendation links to the Hobart City Vision and Capital City Strategic Plan 2019-29:

Pillar 1.4: We think of our city as a whole.

Pillar 2.2: We celebrate our diversity and include each other in city life.

Strategy 2.2.6: Identify those people in the community who are most disadvantaged, excluded and vulnerable and develop appropriate initiatives to address their issues, in partnership with stakeholders.

Pillar 2.6: We keep our people safe, help each other and flourish in adversity.

Strategy 2.4.5: Ensure that Hobart is a safe and liveable city by enhancing community and public safety and security, working in partnership with key stakeholders.

Pillar 4.6: Hobart’s economy is diversified.

Strategy 4.5.5: Prepare for the impacts of long term trends, such as climate change, transport modes, and tourism and housing demand cycles, on the Hobart economy.

Pillar 7.1: We all have access to an affordable home.

Strategy 7.1.2: Advocate for people at risk of housing stress and homelessness.

Strategy 7.1.5: Advocate for legislative and other tools that support social and affordable housing.

Strategy 7.1.6 Monitor and respond to the impacts of visitor accommodation.

Pillar 7.4: We balance local needs with those of visitors and investors.

Strategy 7.3.1: Ensure the City’s infrastructure supports affordable, sustainable and healthy living, and access to services for all.

Pillar 7.6: We are deliberate in our development and plan for the future.

Strategy 7.4.1: Ensure the City’s land use and development policies work to maintain Hobart’s identity and character.

Strategy 7.4.3: Ensure transport and land use planning are integrated to deliver the best economic, social and environmental outcomes into the future.

Strategy 7.4.6: Work with experts in government, industry and academia to understand the trends and changes that will affect Hobart’s built environment.

Strategy 7.4.7: Engage the community in conversations about the built environment, land use planning and major projects.

Pillar 8.4: Our leadership reflects our communities.

Strategy 8.1.4: Make effective use of research, evaluation and data to inform the City’s work and respond to trends and changes.

Strategy 8.3.4: Ensure City leadership aligns with Council values.

Strategy 8.3.5: Provide active stewardship of the community vision.

References:

Hobart City Vision

https://www.hobartcity.com.au/files/assets/public/policies-before-09.19/hobarts-city-vision.pdf

Julia Verdouw and Richard Eccleston, Institute for the Study of Social Change, UTAS: Regulating Short Stay Accommodation

https://www.utas.edu.au/__data/assets/pdf_file/0020/1225334/UTAS-ISC-Insight-Eight-Regulating-Short -Stay-Accommodation.pdf

Prof. Peter Phibbs, AHURI: Marginal Housing during COVID-19

https://www.ahuri.edu.au/research/final-reports/348

SQM Research: Hobart Vacancy Rates

https://sqmresearch.com.au/graph_vacancy.php?region=tas%3A%3AHobart&type=c&t=1.”

The General Manager advises:

“Short stay visitor accommodation in the City of Hobart is governed by Planning Directive No. 6 Exemption and Standards for Visitor Accommodation in Planning Schemes.  The directive was issued by the Minister for Planning and came into effect on 1st August 2018.

Any changes or relaxation to the Directive will be a matter for the Minister and or the Tasmanian Planning Commission and a report that investigates the mechanisms and approach to making the case for such change would be the first step in the Council’s deliberation on this matter.”

Ewin

Burnet                                                         

That the recommendation be adopted with the inclusion of the words ‘whole home’ before the words ‘short stay accommodation’.

Amendment

Thomas

Behrakis                                                                                                                   

That the report includes information on:

1.    The level of homelessness in the City of Hobart currently and projected to end December 2021 as provided by an independent, objective and reputable source;

2.    The level of Airbnb properties in the City of Hobart which are currently known to be or reported as partial dwellings rentals as opposed to an entire property and projected through 2021 (on the basis of an anticipated return of tourism numbers of at least 30% of calendar year 2019 overall visitors)

3.    The economic return to property owners from Airbnb entire property lettings in calendar year 2019, and

4.    The current proportion by bed number of underutilised emergency and short-term accommodation which receives state government or other source financial support to operate?

Briscoe

Dutta                                                                                                                           

That Deputy Lord Mayor Burnet be granted an additional two minutes to address the meeting.

MOTION CARRIED

VOTING RECORD

AMENDMENT LOST

VOTING RECORD

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That a report be prepared on the possible amendments, and their merits, to the planning regulations to more appropriately control the number of private properties being converted to whole home short stay accommodation.

15.      COVID-19 Economic Response and Recovery Framework and Action Plan 2020-22

Ref:    Special Open EDCC 4.1, 17/12/2020

That:   1.      The Council endorse the City of Hobart Covid-19 Economic Response and Recovery Framework and Action Plan 2020-22, marked as Attachment A to item 4.1 of the Special Economic Development and Communications Committee agenda of 17 December 2020.

2.      The Council note the endorsement of the Covid-19 Economic Response and Recovery Framework and Action Plan 2020-22 by the Hobart Economic Recovery Business Consultative Group.

3.      The action plan be updated in mid-2021 following internal and external engagement including with the Business Consultative Group in February 2021.

Burnet

Ewin                                                        That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

16.      2020-21 Annual Plan Progress Report
Period Ended 30 September 2020

Ref:    Open FGC 6.2, 8/12/2020

That the Council endorse the Annual Plan Progress Report for the period ended 30 September 2020, marked as Attachment A to item 6.2 of the Open Finance and Governance Committee agenda of 8 December 2020.

Burnet

Ewin                                                         That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

17.      City of Hobart Financial Hardship Assistance Policy

Ref:    Open FGC 6.3, 8/12/2020

That:   1.    The memorandum ‘City of Hobart Financial Hardship Assistance Policy’ marked as item 6.3 of the Open Finance and Governance Committee agenda of 8 December 2020 be noted.

2.    The granting of remission of rates under the City of Hobart Financial Hardship Assistance Policy cease as of 31 March 2021, to be reviewed if deemed necessary.

Burnet

Ewin                                                         That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

18.      Financial Report as at 30 September 2020

Ref:    Open FGC 6.4, 8/12/2020

That the Council approve the following changes to the 2020-21 Estimates listed below which will result in a deterioration of the underlying result by $0.672M to a deficit of $12.478M.

(i)      Labour expenses reduction $0.044M

(ii)     Materials & Services increase $0.910M

(iii)    Depreciation expense increase $0.300M

(iv)    Other expenses reduction $0.012M

(v)     Fees and charges revenue reduction $0.166M

(vi)    Operating grants increase $0.130M

Burnet

Ewin                                                         That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

19.      2019-20 Financial Statements

Ref:    Open FGC 6.5, 8/12/2020

That the Council note that in accordance with section 84(4) of the Local Government Act 1993 that the General Manager tables the certified financial statements for the year ended 30 June 2020 marked as Attachment A to item 6.5 of the Open Finance and Governance Committee agenda of 8 December 2020.

Burnet

Harvey                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

20.      Former Magistrates Court Summons Write Off

Ref:    Open FGC 6.6, 8/12/2020

That the Council approve off-setting the established impairment against accounts receivable to correct the accounting position of the outstanding parking infringements balances relating to statute-barred infringements.

Burnet

Dutta                                                      That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

21.      Regatta Grounds Buildings - Request for Lease

Ref:    Open PRC 6.2, 10/12/2020

That:   1.    A lease to the Royal Hobart Regatta Association over two buildings located on the Domain Regatta Ground foreshore (as indicated in paragraph 4.3 of the report marked as item 6.2 of the Open Parks and Recreation Committee agenda of 10 December 2020) for a period of ten (10) years, be approved, subject to no objections being received during the statutory community engagement process required under Sections 178 and 179 of the Local Government Act 1993.

(i)    Should any objections be received during the community engagement period, a further report will be provided to the Council.

2.    The leased area be provided at a nominal annual rent ($50 per annum)

3.    The General Manager be authorised to finalise the terms and conditions of the lease.

4.    In accordance with the Council Policy ‘Grants and Benefits Disclosure’ the benefit recognised to the Royal Hobart Regatta Association by way of reduced rental as part of the new lease be disclosed in the City’s Annual Report.

5.    The lease include a clause that allows the City to re-negotiate the terms and conditions of the lease between the City and the Royal Hobart Regatta Association in relation to the two buildings located on the Domain Regatta Ground foreshore in the event that any development should proceed in that vicinity of the foreshore.

Briscoe

Behrakis                                              That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

22.      Review of the Merits of Developing an Ember Attack Strategy for the City of Hobart

Ref:    Open PRC 6.3, 10/12/2020

That:   1.    The City engage with the Local Government Association of Tasmania, the Tasmania Fire Service and the Bushfire and Natural Hazards Co-operative Research Centre to jointly produce a guide for residents on how to cost effectively retrofit bushfire protection to existing houses.

2.    The City incorporate a new section into the City’s Bushfire Management Strategy in respect to ember attack defence as part of the review of the Strategy and undertake a community engagement program to promote the information when available.

Briscoe

Ewin                                                         That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

23.      Wellington Park Management Trust - Nominee Sought

Ref:    Open PRC 6.5, 10/12/2020

That:   1.    The Council endorse the re-nomination of the Council’s current incumbent, Alderman Damon Thomas, as member of the Wellington Park Management Trust for a period of up to three years, commencing as at 1 January 2021.

            2.    The Council’s nomination be forwarded to the Wellington Park Management Trust for appointment by the Minister.

Briscoe

Dutta                                                      That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD