Minutes (Open Portion)

Council Meeting

Page 2

19/8/2019

Minutes (Open Portion)

Council Meeting

Page 4

19/08/2019

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 5 August 2019, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Burnet

DUTTA                                                      That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Briscoe

Sexton

Thomas

Denison

Harvey

Behrakis

Dutta

Sherlock

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

Question 1:

Has the HCC accepted the demand from the University of Tasmania, contained in its letter to the Council dated 7 June 2019, that all rates income paid by UTAS be used to provide infrastructure related to the University’s vision of a Hobart CBD campus?

Question 2:

Have any other Hobart ratepayers demanded that HCC spend their individual rates payments only on infrastructure related to their properties?

Response:

In relation to your first question, the Council has not accepted the demand from the University that all rates income paid by UTAS will be used to provide infrastructure related to the University’s vision of a Hobart CBD campus.  The Council and UTAS are, however, in the process of discussions relating to the University making a financial contribution to the City in lieu of the payment of rates and how any payment will be applied.

Regarding your second question the answer is no, they have not.  It is also worth stating that a number of properties owned by the University are exempt from rates and in this circumstance, the University is not a ratepayer.

Mr Lohberber then asked the following supplementary question:

Does the Hobart City Council have any evidence to suggest the rollout of the new parking meters has caused congestion problems in Council carpark facilities that do not use the new parking meters?

Response:

There is no evidence to suggest the rollout of the new parking meters has caused congestion problems in Council carpark facilities that do not use the new parking meters.

9.1      3 - 4 Montgomery Court, Sandy Bay - New Building for Five Multiple Dwellings

Ref:    Open CPC 7.1.1, 12/08/2019

Application Expiry Date: 19 September 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a new building for five multiple dwellings at 3­4 Montgomery Court, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 12 August 2019 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 PLN­19­72 ­ 3­4 MONTGOMERY COURT 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 2019/00205­HCC dated 1 March 2019 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

The Developer engages a professional consulting arborist prior to, during and post development to supervise as far as practicable the protection of and correct cutting of roots to Australian standards of the mature trees on 5 Star Street along their boundary.

Reason for condition

To clarify the scope of the permit.

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, retaining wall ag drains and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first).

Reason for condition

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

ENG sw4

The new stormwater connection must be constructed and any existing connections be abandoned and sealed, by the Council at the owner’s

expense, prior to the first occupation. The new connection must maximize the area of the lot which can drain via gravity and be directed down slope. The new connection must discharge stormwater by gravity and be free­flowing.

Detailed engineering drawings must be submitted and approved, prior to issue of any consent under the Building Act 2016. The detailed engineering drawings must include but not limited to:

1.       Be prepared and certified by a suitable qualified and experienced engineer;

2.       The location of the proposed connection clear from any potential clashes (such as the crossover wing);

3.       The size and design of the connection such that it is appropriate to satisfy the needs of the development;

4.      Include flow rate at kerb and gutter connection must not exceed 15 l/s.

5.       Longitudinal sections of the proposed connection that clearly shows clearance from any nearby services, depth of cover, size material and delineation of public and private infrastructure.

6.       Clearly distinguish between public and private stormwater infrastructure

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

Advice:

The applicant is required to 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)]. This is a separate process to any building approval under the Building Act 2016. Please note that once the condition endorsement has been issued you will need to contact Council's City Infrastructure Division to initiate an application for new service connection.

Any proposed public stormwater infrastructure will required detailed engineering drawings, which must be checked and certified by a qualified and experienced Civil Engineer. The construction of public infrastructure will require a Permit to Construct Public Infrastructure.

Maximum permissible discharge from a single kerb and gutter outlet must not exceed 15 l/s.

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 first occupation. All stormwater which is practicable to drain to the Council's infrastructure via gravity (including suspended or charged systems) must do so. Any pumped or charged flows must be converted to free­flowing gravity within a private transition pit inside the property prior to discharging to the free­flowing gravity connection to the Council's infrastructure. 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 must be submitted and approved prior to the issue of any consent under the Building Act 2016.

The design drawings and calculations must be prepared and certified by a suitable qualified and experience engineer and include but not be limited to:

1.       Plan and longitudinal section(s) showing levels, gradients, cover, sizing, material, pipe class, crossing services, connections and inspection openings;

2.       Detail design of any proposed pump system which is to be in accordance with Australian Standard AS/NZS 3500.3:2015 Part 3: Stormwater Drainage Systems; and

3.       Clearly distinguish between public and private stormwater infrastructure.

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

Advice:

The applicant is required to submit detailed design documentation to satisfy this condition via the 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.

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

Reason for condition

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

ENG sw7

Stormwater pre­ treatment and detention for stormwater discharges from the development must be installed prior to Certificate of Completion or commencement of use, whichever occurs first.

Design drawings and calculations of the proposed stormwater quantity and quality control systems must be submitted and approved, prior to the issue of any consent under the Building Act 2016.  The design drawings and calculations must:

1.       Be prepared and certified by a suitable qualified and experience engineer.

2.       In relation to the detention tank, show the layout, the inlet and outlet (including in long­section), the overflow mechanism, emptying times, outlet size.

3.       Include Water Sensitive Urban Design and stormwater treatment with detailed design of the proposed treatment train that achieves the stormwater quality targets in accordance with the State Stormwater Strategy 2010.

4.       Include detailed design and supporting calculations of the detention tank, sized such that the flow from the developed site up to 5% AEP storm events are limited to 15 l/s at the kerb and gutter discharge point. All assumptions must be clearly stated.

5.       Include a supporting stormwater management plan that outlines the obligations for future property owners to stormwater management, including a maintenance plan which outlines the operational and maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency, cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.

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

Advice:

The applicant is required to submit detailed design documentation to satisfy this condition via the 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.

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

Reason for condition

To avoid the possible pollution of drainage systems and natural watercourses, and to comply with relevant State legislation.

ENG 3c

The access driveway, ramps and parking module (parking spaces, aisles and manoeuvring area must be constructed in accordance with the approved Planning Permit documents and conditions.

Prior to the first occupation, documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the approved Planning Permit documents and conditions.

Advice:

Certification may be submitted to Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement).

Reason for condition

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

ENG 4

The access driveway and parking module (car parking spaces, aisles and manoeuvring area) approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) and surface drained to the Council's stormwater infrastructure prior to the first occupation.

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

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

Reason for condition

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

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.

ENGR 3

Prior to the commencement of use, the proposed driveway crossover, replacement of footpath and kerb and channel in Montgomery Court highway reservation must be designed and constructed in accordance with:

·    Urban ­ TSD­R09­v1 – Urban Roads Driveways and TSD R14­v1 Vee Channel vehicular crossing;

·    Footpath ­ Urban Roads Footpaths TSD­R11­v1; and

·    Kerb and Channel ­ TSD R14­v1 Type KC (Kerb and Channel).

Design drawings must be submitted and approved prior to issue of any consent under the Building Act 2016. The design drawings must:

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

2.      Show the extent of the footpath and kerb and channel to be replaced.

3.       Show the end of the new footpath and kerb and channel matching neatly to the existing footpath and kerb and channel.

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

5.       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.

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

Reason for condition

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

ENV 2

Sediment and erosion control measures, in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A SWMP must be submitted prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.

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

Advice:

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

Reason for condition

To avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.

SUB s1

Prior to the issue of any approval under the Building Act 2016, or the commencement of works on site, whichever occurs first, the titles comprising the development site (CT 61047/3 and CT 61047/4) must be adhered in accordance with the provisions of section 110 of the Local Government Building & Miscellaneous Provisions Act 1993, to the satisfaction of the Council.

Reason for condition

So that the titles are adhered and to ensure compliance with statutory provisions.

ADVICE

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

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

CONDITION ENDORSEMENT ENGINEERING

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

Value of Building Works Approved by Planning Permit Fee:

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

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

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

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

You may require a road closure permit for construction or special event. Click here for more information.

You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.

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.

BUILDING OVER AN EASEMENT

In order to build over the service easement, you will require the written consent of the person on whose behalf the easement was created, in accordance with section 74 of the Building Act 2016.

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

You may require a permit to construct public infrastructure, with a 12 month maintenance period and bond (please contact the Hobart City Council's City Amenity Division to initiate the permit process).

NEW SERVICE CONNECTION

Please contact the Hobart City Council's City Infrastructure 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 Hydraulic Services By law. Click here for more information.

WORK WITHIN THE HIGHWAY RESERVATION

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

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

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

ACCESS

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

CROSS OVER CONSTRUCTION

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

STORMWATER / ROADS / ACCESS

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

RESIDENTIAL PARKING PERMITS ELIGIBILITY

It is advised that this development will not be eligible for residential parking permits for on­street parking.

TITLE ADHESION

An adhesion of your titles is required because a portion of your development is across one or more title boundaries. Contact your solicitor or a registered land surveyor to initiate the process.

WORK PLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially­contaminated soil, water, dust and vapours. Click here for more information.

NOISE REGULATIONS

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

WASTE DISPOSAL

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

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

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

DEVELOPMENT PROGRESSION

The developer be strongly encouraged to inform immediate neighbours of the construction program and any variations to it in a timely manner.

BURNET

SHERLOCK                                             That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      343 Davey Street, 3A Wentworth Street, 2/3 Wentworth Street, 1/3 Wentworth Street, South Hobart - Subdivision (Boundary Adjustment)

Ref:    Open CPC 7.1.2, 12/08/2019

Application Expiry Date: 27 September 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a subdivision (boundary adjustment) at 343 Davey Street and 3A and 3 Wentworth Street South Hobart, Tas, 7004 for the  reason that the proposal is considered to be acceptable with respect to clause 9.3.1 of the Hobart Interim Planning Scheme 2015 and a permit containing the follow conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise 343 DAVEY STREET AND 3A WENTWORTH STREET 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 2018/00732-HCC dated 26/6/2019 as attached to the permit. 

Reason for condition

To clarify the scope of the permit.

ENG sw1

All stormwater from the proposed development must be discharged to the Council’s stormwater infrastructure prior to sealing of the final plan(s).

 
Reason for condition

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

ENG sw2.1

A pre CCTV video of the Council stormwater main must be undertaken and submitted to Council prior to the commencement of work.

The post construction CCTV 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 site-related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENG sw2.2

A post CCTV video of the Council stormwater main must be undertaken and submitted to the Council on completion of all work.

The post construction CCTV 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 site-related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENG sw4

The new stormwater connection(s) must be constructed and existing abandoned connections sealed by the Council at the owner’s expense, prior to the sealing of the final plan(s).

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 sw5

The new stormwater main must be designed and constructed prior to sealing of the final plan(s). 

Engineering drawings must be submitted and approved, prior to commencement of work. The engineering drawings must:

1.   Be certified by a qualified and experienced civil engineer;

2.   Include a plan and long-section of the proposed stormwater main;

3.   Include the associated calculations and catchment area plans. These should include, but not be limited to, connections, flows, velocities, clearances, cover, gradients, sizing, material, pipe class, easements and inspection openings; and

4.   Include a construction program and method for the proposed diversion of the stormwater main, to satisfy the above requirement.

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

Advice: 
The applicant is required to submit detailed design documentation to satisfy this condition via the 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 building approval may result in unexpected delays.

Reason for condition 

To ensure Council’s hydraulic infrastructure meets acceptable standards.

ENG 1

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

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

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

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

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, 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.

SURV 1

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

Reason for Condition

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

SURV 2

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

Reason for Condition

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

SURV 3

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

The final plan and schedule of easements must provide easements to the satisfaction of the Council:
1.    Over any existing storm water or sewer mains passing through the lots        on the final plan, in favour of the Hobart City Council          and/orTasWater(minimum width of 2m, or 3m if they cover two pipes).

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

Reason for Condition

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

SURV 9

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

The final plan must include notations in accordance with section 111 of the Local Government (Building and Miscellaneous Provisions) Act 1993, in relation to the lot resulting from the addition of Lot 3 to the land comprised in CT 128254/1 (343 Davey Street)  to satisfy the above requirement.

Reason for condition

To ensure compliance with statutory provisions.

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 or from lot 2 below a specified reduced level.

The lot resulting from the addition of Lot 3 to the land comprised in CT 128254/1 (343 Davey Street) 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 or from the lot below a specified reduced level or alternatively a new stormwater connection is to be provided at the lowest point of the lot.  

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 and the lot resulting from the addition of Lot 3 to the land comprised in CT 128254/1 (343 Davey Street), if a stormwater connection is not provided at the low point of this lot.

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(s), 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(s), the developer must verify compliance with condition ENG 16 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 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.

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.

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

You may require a permit to construct public infrastructure, with a 12 month maintenance period and bond (please contact the Hobart City Council's City Infrastructure Division to initiate the permit process).

NEW SERVICE CONNECTION

Please contact the Hobart City Council's City Infrastructure 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 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. 

BURNET

BRISCOE                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.3      25 Hill Street West Hobart - Alterations, Signage and Change of Use to Service Industry - PLN-17-291

Ref:    Open CPC 7.1.3, 12/08/2019

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations, signage and change of use to service industry at 25 Hill Street, West Hobart for the reason that the current use of the site for the sale and changing of tyres and mechanical repairs closely resembles the mechanical repair component of the long existing use and therefore satisfies clause 9.1.1 of the Hobart Interim Planning Scheme 2015, and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 13

Noise emissions measured at the side and rear boundaries must not exceed the following:

1.       55 dB(A) (LAeq) between the hours of 8.00 am to 6.00 pm;

2.      5 dB(A) above the background (LA90) level or 40 dB(A) (LAeq), whichever is the lower, between the hours of 6.00 pm to 8.00 am; and

3.      65 dB(A) (LAmax) at any time.

Measurement of noise levels must be in accordance with the methods in the Tasmanian Noise Measurement Procedures Manual, issued by the Director of Environmental Management, including adjustment of noise levels for tonality and impulsiveness. 

Noise levels are to be averaged over a 15 minute time interval.

Reason for condition

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

PLN 17

External lighting is to be only turned on within the operating hours with the exception of security lighting that is baffled to ensure it does not cause emission of light into adjoining private land.

Reason for condition

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

PLN 6

The hours of operation are restricted to:

·    7:30am to 6:00pm Monday to Friday; and

·    9:00am to 12 noon Saturday.

Reason for condition

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

PLN s1

The shipping container must be removed from the site within 30 days from the date of this planning permit.

Reason for condition

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

PLN s2

A Tyre Storage Plan must be submitted and approved by the Council's Director City Planning within 30 days from the date of this planning permit.

The Tyre Storage Plan must include:

1.       A plan showing where new and used tyres will be stored on the site;

2.      Elevational plans and/or details showing how any external tyre storage area will prevent any adverse impact upon residential amenity of neighbouring residential properties; 

3.      A written statement indicating how any external tyre storage will be managed by the operator of the business to ensure that there is no adverse impact upon residential amenity of neighbouring residential properties.

No external storage of tyres is permitted on the site prior to the approval of the Tyre Storage Plan by the Council's Director City Planning.

Once the Tyre Storage Plan is approved by the Council's Director City Planning, all storage of tyres on the site must occur in accordance with the approved Tyre Storage Plan.

Advice: 

It is recommended that the operators of the business have regard to the 'Approved Management Method for the Storage and Reuse of Waste Tyres' issued by the Tasmanian Environment Protection Authority, available via

https://epa.tas.gov.au/Documents/Approved%20Management%20Method%20for%20the%20Storage%20and%20Reuse%20of%20Waste%20Tyres.pdf

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

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

Reason for condition 

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

PLN s4

Commercial vehicle movements must only be undertaken between the operating hours of 7:30am to 6:00pm Monday to Friday.  

Reason for condition

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

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

Building permit in accordance with the Building Act 2016. Click here for more information. 

PLUMBING PERMIT

Plumbing permit in accordance with the Tasmanian Plumbing Regulations 2014. Click here for more information.

NOISE REGULATIONS

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

FEES AND CHARGES

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

BEHRAKIS

THOMAS                                                   That the recommendation be adopted.

AMENDMENT

BURNET

BRISCOE

That condition PLN s2 be amended to read as follows:

“A Tyre and Other Materials Storage Plan must be submitted and approved by the Council's Director City Planning within 30 days from the date of this planning permit.

The Tyre and Other Materials Storage Plan must include:

1.    A plan showing where new and used tyres and other materials will be stored on the site;

2.    Elevational plans and/or details showing how any external storage area will prevent any adverse impact upon residential amenity of neighbouring residential properties; 

3.    A written statement indicating how any external storage will be managed by the operator of the business to ensure that there is no adverse impact upon residential amenity of neighbouring residential properties.

No external storage is permitted on the site prior to the approval of the Tyre and Other Materials Storage Plan by the Council's Director City Planning.

Once the Tyre and Other Materials Storage Plan is approved by the Council's Director City Planning, all storage on the site must occur in accordance with the approved Tyre and Other Materials Storage Plan.

Advice: 

It is recommended that the operators of the business have regard to the 'Approved Management Method for the Storage and Reuse of Waste Tyres' issued by the Tasmanian Environment Protection Authority, available via

https://epa.tas.gov.au/Documents/Approved%20Management%20Method%20for%20the%20Storage%20and%20Reuse%20of%20Waste%20Tyres.pdf

Once the Tyre and Other Materials Storage Plan has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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

Reason for condition 

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

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations, signage and change of use to service industry at 25 Hill Street, West Hobart for the reason that the current use of the site for the sale and changing of tyres and mechanical repairs closely resembles the mechanical repair component of the long existing use and therefore satisfies clause 9.1.1 of the Hobart Interim Planning Scheme 2015, and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 13

Noise emissions measured at the side and rear boundaries must not exceed the following:

1.       55 dB(A) (LAeq) between the hours of 8.00 am to 6.00 pm;

2.      5 dB(A) above the background (LA90) level or 40 dB(A) (LAeq), whichever is the lower, between the hours of 6.00 pm to 8.00 am; and

3.      65 dB(A) (LAmax) at any time.

Measurement of noise levels must be in accordance with the methods in the Tasmanian Noise Measurement Procedures Manual, issued by the Director of Environmental Management, including adjustment of noise levels for tonality and impulsiveness. 

Noise levels are to be averaged over a 15 minute time interval.

Reason for condition

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

PLN 17

External lighting is to be only turned on within the operating hours with the exception of security lighting that is baffled to ensure it does not cause emission of light into adjoining private land.

Reason for condition

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

PLN 6

The hours of operation are restricted to:

·    7:30am to 6:00pm Monday to Friday; and

·    9:00am to 12 noon Saturday.

Reason for condition

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

PLN s1

The shipping container must be removed from the site within 30 days from the date of this planning permit.

Reason for condition

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

PLN s2

A Tyre and Other Materials Storage Plan must be submitted and approved by the Council's Director City Planning within 30 days from the date of this planning permit.

The Tyre and Other Materials Storage Plan must include:

1. A plan showing where new and used tyres and other materials will be stored on the site;
2. Elevational plans and/or details showing how any external storage area will prevent any adverse impact upon residential amenity of neighbouring residential properties; 
3. A written statement indicating how any external storage will be managed by the operator of the business to ensure that there is no adverse impact upon residential amenity of neighbouring residential properties.

No external storage is permitted on the site prior to the approval of the Tyre and Other Materials Storage Plan by the Council's Director City Planning.

Once the Tyre and Other Materials Storage Plan is approved by the Council's Director City Planning, all storage on the site must occur in accordance with the approved Tyre and Other Materials Storage Plan.

Advice: 

It is recommended that the operators of the business have regard to the 'Approved Management Method for the Storage and Reuse of Waste Tyres' issued by the Tasmanian Environment Protection Authority, available via

https://epa.tas.gov.au/Documents/Approved%20Management%20Method%20for%20the%20Storage%20and%20Reuse%20of%20Waste%20Tyres.pdf

Once the Tyre and Other Materials Storage Plan has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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

Reason for condition 

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

PLN s4

Commercial vehicle movements must only be undertaken between the operating hours of 7:30am to 6:00pm Monday to Friday.  

Reason for condition

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

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

Building permit in accordance with the Building Act 2016. Click here for more information. 

PLUMBING PERMIT

Plumbing permit in accordance with the Tasmanian Plumbing Regulations 2014. Click here for more information.

NOISE REGULATIONS

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

FEES AND CHARGES

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

9.4      179 Macquarie Street, 200 Collins Street, Crowthers Lane and Adjacent Road Reserve, Hobart - Demolition and New Building for Hotel with Restaurant and Function Centre and Associated Infrastructure Works

Ref:    Open CPC 7.1.4, 12/08/2019

Application Expiry Date: 23 August 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and new building for hotel with restaurant and function centre and associated infrastructure works at 179 Macquarie Street, 200 Collins Street, Crowthers Lane and Adjacent Road Reserve, Hobart for the reasons outlined in the officer’s report, attached to item 7.1.4 of the Open City Planning Committee agenda of 12 August 2019 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 PLN­19­104 ­ 179 MACQUARIE STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.