Minutes (Open Portion)

City Planning Committee Meeting

Page 2

1/2/2021

Minutes (Open Portion)

City Planning Committee Meeting

Page 5

1/02/2021

DUTTA

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 18 January 2021, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

Minutes (Open Portion)

City Planning Committee Meeting

Page 25

1/02/2021

7.1.1   53/1 Collins Street, Hobart and Common Land of Parent Title - Change of Use to Visitor Accommodation

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Officer and the Senior Statutory Planner of 11 January 2021, be adopted, as amended by the inclusion of a point “5.” to condition PLN 18:

“5. To provide a contact number in the case of issues that require resolution.”

MOTION LOST

VOTING RECORD

DUTTA

That pursuant to Planning Directive No. 6 Exemption and Standards for Visitor Accommodation in Planning Schemes Clause 3.3 (e), the Council refuse the application for Change of Use to Visitor Accommodation at 53/1 Collins Street, Hobart for the following reasons:

(a)          The proposal does not satisfy sub clause (vi) because there is an unreasonable impact on the amenity of the long term residents of 1 Collins Street.

MOTION LOST

VOTING RECORD

COMMITTEE RESOLUTION:

That in the absence of a recommendation from the City Planning Committee the matter be referred to the Council for determination.

7.2.1   29 Hillcrest Road, Tolmans Hill and Adjacent Road Reserve - Dwelling

HARVEY

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 21 January 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for a dwelling at 29 Hillcrest Road, Tolmans Hill and adjacent road reserve for the reasons outlined in the officer’s report 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 PLN­20­498 ­ 29 HILLCREST ROAD TOLMANS HILL TAS 7007 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TLAP 2

Landscaping of the site must be completed within 12 months of first occupation and maintained for the life of the building.

Prior to the issue of amy consent under the Building Act 2016, a revised Landscaping Plan must be submitted and approved, to the satisfaction of the Directory City Planning. The revised Landscaping Plan must be generally in accordance with the Landscaping Plan in the Final Planning Documents, but also show additional landscaping on the northern side of the garage structure, to mitigate the visual impact of the proposal on the adjoining lot.

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

Reason for condition

In the interest of protection of the landscape value of the area, and to minimise the spread of weeds.

ENG sw1

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

Advice:

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

Reason for condition

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

ENG 2a

Prior to first occupation or commencement of use (whichever occurs first), 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/NZS1170.1:2002, 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 2c

Prior to the first occupation, vehicular barriers must be inspected by a qualified engineer and certification submitted to the Council confirming that the installed vehicular barriers comply with the certified design and Australian Standard AS/NZS1170.1:2002.

Advice:

Certification may be submitted to the 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 driveway and parking module and compliance with the relevant standards.

ENG 3b

The access driveway, and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved, prior to the issuing of any approval under the Building Act 2016.

The access driveway, and parking module (parking spaces, aisles and manoeuvring area) 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, and

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

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 3c

The access driveway, and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the design drawings approved by Condition ENG 3b.

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 above drawings must be lodged with Council.

Advice:

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

Reason for condition

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

ENG 4

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

1.      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 r1

The excavation, footings and suspended driveway within or supporting the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings and design structural certificates of the suspended driveway supporting structure within the embankment easement must be submitted and approved, prior to issuing any approval under the Building Act 2016 and must:

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

2.      Not undermine the stability of the embankment easement;

3.      Be designed in accordance with AS4678, with a design life in accordance with table 3.1 typical application major public infrastructure works;

4.      Take into account any additional surcharge loadings as required by relevant Australian Standards;

5.      Take into account and reference accordingly any Geotechnical findings; and

6.      Include a structure certificate which notes the suspended driveway and the footings will not affect the stability of the embankment easement.

7.      The structure certificated and/or drawings should note accordingly the above. All work required by this condition must be undertaken in accordance with the approved select design drawing and structural certificates.

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 building approval may result in unexpected delays.

Reason for condition

To ensure that the stability and integrity of the Council’s highway reservation is not compromised by the development.

ENV 1

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

Advice:

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

Reason for condition

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

Part 5 r1

The owner(s) of the property must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 with respect to the protection of retaining walls, buildings adjacent to the Hillcrest Road highway reservation prior to the commencement of work.

The owner must not undertake any works at any time (including excavation and building) that will have any effect on the integrity of the Hillcrest Road highway reservation or any retaining structure adjacent to Hillcrest Road highway reservation or the road formation themselves or undermine the structural integrity of the highway reservation.

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

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

Advice:

For further information with respect to the preparation of a Part 5 agreement please contact Council Development Engineering Staff.

Reason for condition

To ensure the protection of Council are retained.

SUB s1

The existing Embankment Easement created by E199662 must be amended pursuant to section 108 of the Land Titles Act 1980 such that the Embankment Easement is clear of the proposed development, to the satisfaction of the Council's Manager Surveying Services, prior to the issue of any building consent under the Building Act 2016.

Reason for condition

To ensure that the proposed development does not encroach into the Embankment Easement over Lot 35 on Sealed Plan 178129

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:

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.

TOLMANS HILL LOCAL AREA PLAN

The Tolmans Hill Local Area Plan (Stage 17BC) is available here.

Front fences must not be erected on the property, and side boundary fences must be in accordance with the provisions of the relevant Tolmans Hill Local area Plan.

This approval and subsequent conditions are given in the knowledge that the Part 5 Agreement on the title (CT 178129/38) to the property is effective and binds the applicant to the restrictions and controls of the Local Area Plan.

Plant species listed in Council’s Restricted Plant List: Potentially Invasive Species Generally Unsuitable for Planting in or Adjacent Bushland, Riparian and Coastal Areas (June 2011) must not be planted on the lot (available here).

OCCUPATION OF THE PUBLIC HIGHWAY

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

STORM WATER

Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Infrastructure 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 Infrastructure 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.

WEED CONTROL

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website.

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.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

8.1      Tasmanian Planning Scheme - Draft Local Provisions Schedule - Additional Inclusions

HARVEY

That the recommendation contained in the report of the Development Planner and the Director City Planning of 27 January 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   1.    The Council resolves that it is satisfied that the changes to the draft Hobart Local Provisions Schedule as shown in Attachments A to G to item 8.1 of the Open City Planning Committee agenda of 1 February 2021, meets the Local Provisions Schedule criteria prescribed in Section 34 of the Land Use Planning and Approvals Act 1993.

            2.    The Council endorses the changes to the draft Hobart Local Provisions Schedule for submission to the Tasmanian Planning Commission under Section 35(1) of the Land Use Planning and Approvals Act 1993.

            3.    The Council endorses the notification of individual property owners affected by the extent of the Flood Prone Areas Hazard Code overlay when the draft Hobart Local Provisions Schedule is exhibited.

8.2      Delegated Decision Report (Planning)

BEHRAKIS

That the recommendation contained in the memorandum of the Director City Planning of 25 January 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum Delegated Decision Report (Planning) be received and noted.

8.3      City Planning - Advertising Report

BEHRAKIS

That the recommendation contained in the memorandum of the Director City Planning of 27 January 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum City Planning - Advertising Report be received and noted.

9.1      Housing Supply Planning Provisions

BEHRAKIS

That in accordance with Council’s policy, the following Notice of Motion, as amended by an additional clause (c):

“(c) A briefing with the authors of the UTAS report Regulating Short- Stay Accommodation in Tasmania be organised at the earliest opportunity”

which was adopted by the City Planning Committee, be considered by the Council.

AMENDMENT

HARVEY

That recommendations 1 and 2 of the UTAS report be included in the motion:

Recommendation 1: That government establish a comprehensive range of SSA permit categories so that all hosts are required to register for a permit on an annual basis.

Recommendation 2: That permits be better utilised to deter SSA use in high-demand areas through increased application charges or caps outlining the maximum nights a property can be available for bookings per year.

AMENDMENT LOST

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

Motion:

“(a)    That a report be prepared on the possible amendments, their merits and potential consequences, to the planning regulations to implement the following recommendations made in the UTAS Report: Regulating Short-Stay Accommodation in Tasmania: Issues to consider and options for reform:

          Recommendation 3: That the Tasmanian Government amend the current planning scheme to allow consideration of housing market conditions when making planning decisions. 

          Recommendation 4: That the current planning scheme include provisions so that it can respond to community-level housing needs in a timely manner. 

(b)     That advice be prepared as to the merits and potential consequences of endorsing Recommendation 5 of the same report: 

          Recommendation 5: That the Tasmanian Government establish a Housing Supply Forecasting Council to collect and analyse housing supply and demand drivers, including the impact of the SSA sector, and provide policy recommendations.

(c)     A briefing with the authors of the UTAS report Regulating Short- Stay Accommodation in Tasmania be organised at the earliest opportunity.”

Rationale:

“In 2019 the City of Hobart unanimously declared a Housing and Homelessness crisis. One of the key contributors to this issue is the lack of housing supply, both affordable housing and in the broader housing market. This lack of supply, coupled with fast increasing demand has placed a disproportionate burden on those on lower incomes and the vulnerable within our community, making it more difficult to find stable housing and displacing more and more onto our social and public housing systems, placing increased stress on the sector. 

Council, as the Planning Authority, possesses one of the most powerful policy levers in this space to increase supply. As it currently stands however, the planning scheme does not allow for a residential development’s contribution to housing supply to be taken as a planning consideration. 

During debate regarding further regulation of the Short Stay Accommodation sector, references were made to recommendations included in the UTAS report:  Regulating Short-Stay Accommodation in Tasmania: Issues to consider and options for reform. This report also contained recommendations to address the broader supply issue within the housing market, including those referenced in the motion. 

To directly quote the report: 

“Pressures on Tasmania’s housing market have not abated over the past 12 months. In Greater Hobart in particular, steadily rising house prices and rents are creating significant housing affordability and access challenges, especially for low-income renters. A range of factors including strong population growth, supply constraints and growing visitor numbers have contributed to these pressures.”

The City of Hobart is attempting to address the impact growing visitor numbers are potentially having to housing stress with the motion to investigate regulatory mechanisms into short stay accommodation. We should also take seriously our role in addressing the other key issue referred to in this report: supply constraints. 

Council has the ability to implement Planning Scheme Amendments to address this issue, however as noted by the report, “Currently, there is scope to include community specific ‘local provisions’ in the statewide planning scheme (Battery Point is an example). However, such provisions must be approved by the Tasmanian Planning Commission. Its processes can be protracted and are not suited to making time-sensitive changes to meet the housing needs of specific communities.“  Thus, we should also investigate the merit in calling on the State Government to insert provisions into the Planning Scheme more broadly if it can be determined that a more positive response in the city’s housing stocks would result. 

Reference:

Insight Eight: Regulating Short-Stay Accommodation in Tasmania: Issues to consider and options for reform, Julia Verdouw and Richard Eccleston Institute for the Study of Social Change,    
https://www.utas.edu.au/__data/assets/pdf_file/0020/1225334/UTAS-ISC-Insight-Eight-Regulating-Short-Stay-Accommodation.pdf.”

The General Manager reports:

“A response to the motion passed on the 17^th December 2020, Short Stay Accommodation – Planning Directive and this motion if passed, would be combined in any report back to the Council.”

10.1    Alderman Briscoe - Multiple Dwellings - Bulk

Question:    Can the Director advise what can be done to alleviate the problems with the building of multiple dwellings that overshadow, overlook, overbear and change the character of areas where there are single dwelling houses such as the proposal for 55 Mount Stuart Road?

Answer:       The Director City Planning took the question on notice.

10.2    Alderman Behrakis - Dwelling Approvals

Question:    Can the Director advise in 2020 how many dwellings were given planning approval by the Council and how many building permits for dwellings were issued?

Answer:       The Director City Planning took the question on notice.