Minutes (Open Portion)

City Planning Committee Meeting

Page 3

4/10/2021

Minutes (Open Portion)

City Planning Committee Meeting

Page 4

4/10/2021

HARVEY

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 13 September 2021, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Burnet

Briscoe

Harvey

Behrakis

Dutta

Coats

AYES

NOES

Deputy Lord Mayor Burnet

Briscoe

Harvey

Behrakis

Dutta

Coats

Minutes (Open Portion)

City Planning Committee Meeting

Page 21

4/10/2021

7.1.1   Special Delegation to Determine Temporary Installations and Signage for the Arrival of the RSV Nuyina

HARVEY

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

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to section 6(3) of the Land Use Planning and Approvals Act 1993 the Council delegate to the Director City Planning the functions and powers to approve the application PLN-21-638 for temporary installations and signage at 3 Argyle Street and lot 1 Franklin Wharf.

7.2.1   2 Sayer Crescent , 2A Sayer Crescent, 54 Marieville Esplanade and 52 Marieville Esplanade, Sandy Bay and Adjacent Road Reserve - Demolition, New Building for 14 Multiple Dwellings, and Associated Works

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 28 September 2021, be adopted.

MOTION LOST

VOTING RECORD

BRISCOE

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for demolition, new building for 14 multiple dwellings, and associated works, including works within the road reserve, at 2 Sayer Crescent, 2A Sayer Crescent, 52 Marieville Esplanade, and 54 Marieville Esplanade; Sandy Bay and the adjacent road reserve for the following reasons:

(i)     The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.1 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the proposed site area per dwelling is less than 200sqm and the development does not contribute to a range of dwelling types and sizes appropriate to the locality, and does not provide for a specific accommodation need.

(ii)    The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.2 A3 or P3 of the Hobart Interim Planning Scheme 2015 because it is outside the prescribed building envelope and will cause an unreasonable loss of amenity by reduction in sunlight to a habitable room (other than a bedroom) of dwellings on adjoining lots, by overshadowing of the private open spaces of dwellings on adjoining lots, and by visual impacts cause by the apparent scale, bulk and proportions of the proposal when viewed from adjoining lots.

(iii)  The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.6.1 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the number of onsite car parking spaces is not sufficient to meet the reasonable needs of users.

(iv)  The proposal does not meet the acceptable solution or the performance criterion with respect to clause E5.5.1 A3 or P3 of the Hobart Interim Planning Scheme 2015 because the increase in vehicle traffic at the existing access would not be safe and would unreasonably impact on the efficiency of the Sayer Crescent.

AMENDMENT

COATS

That clauses (iii) and (iv) in the reasons for refusal be deleted from the recommendation.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for demolition, new building for 14 multiple dwellings, and associated works, including works within the road reserve, at 2 Sayer Crescent, 2A Sayer Crescent, 52 Marieville Esplanade, and 54 Marieville Esplanade; Sandy Bay and the adjacent road reserve for the following reasons:

(i)     The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.1 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the proposed site area per dwelling is less than 200sqm and the development does not contribute to a range of dwelling types and sizes appropriate to the locality, and does not provide for a specific accommodation need.

(ii)       The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.2 A3 or P3 of the Hobart Interim Planning Scheme 2015 because it is outside the prescribed building envelope and will cause an unreasonable loss of amenity by reduction in sunlight to a habitable room (other than a bedroom) of dwellings on adjoining lots, by overshadowing of the private open spaces of dwellings on adjoining lots, and by visual impacts cause by the apparent scale, bulk and proportions of the proposal when viewed from adjoining lots.

Attachments

a    Colleen McCulloch - Deputation Supporting Information - 2 Sayer Crescent ⇨  

7.2.2   66 Burnett Street, North Hobart - Extension to Previously Approved Development Including Eight Additional Multiple Dwellings

BRISCOE

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for an extension to a previously approved development including eight additional multiple dwellings at 66 Burnett Street, North Hobart 7000, on the basis that the scheme requirements are met including the performance criteria outlined E6.6.1, subject to the following conditions and restrictions:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-21-475 - 66 BURNETT STREET NORTH HOBART TAS 7000 - Final Planning Documents.

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 2021/01206-HCC dated 2/8/2021 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG s1

Increased bicycle parking that meets the requirements of the Australian Standard must be provided to the satisfaction of the Director City Planning.

Reason for condition

To ensure sufficient parking options are provided.

ENG sw1

All stormwater from the proposed development must be drained to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first). The stormwater must drain via the stormwater treatment system shown on JMG drawing H03 Rev BA2.
The new stormwater connection shown on JMG drawing C02 Rev BA4 must be installed prior to issue of any completion, or commencement of use (whichever occurs first).

All works must be undertaken and maintained in accordance with the submitted drawings.

Reason for condition

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

ENG 6

The number of bicycle parking spaces approved on the site is a minimum of forty two (42).

Detailed engineering drawings must be submitted and approved by the Director City Planning by way of condition endorsement, showing the bicycle parking areas.

To the extent possible, the bicycle parking areas must be designed to be compliant with the Australian Standards AS/NZS 2890.3:2015. To the extent it is not possible for the design to be compliant with the Australian Standards, the design must otherwise provide safe, obvious and easy access for cyclists and be sufficient to conveniently, efficiently and safely serve users without conflicting with vehicular or pedestrian movements or the safety of building occupants.

The bicycle parking areas must not obstruct any exit or entry (pedestrian or vehicular) to the building. 

The approved detailed design of the bicycle parking areas must be installed and constructed prior to the issue of the occupancy permit(s) for the development approved by this permit.

Advice:
This condition supersedes condition ENG 6 upon the Planning Permit issued for PLN–19–227.

Reason for condition

To ensure safe and efficient parking adequate to provide for the use.

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 s1

A detailed design must be submitted and approved as a Condition Endorsement prior to the issuing of any approval under the Building Act 2016. The detailed design must demonstrate that:

Units 60, 61 and 62 on Levels 5 and 6 would have:

·   concrete panel external walls;

·   bi­fold doors sufficient to allow complete or partial enclose of their balconies;

·   inoperable windows where practicable;

·   casement or awning windows, with good acoustic seals on the entire perimeter that are positively engaged when shut;

·   minimum 6/12/6 double glazing with laminated panes for all window and door glazing (excluding balconies); and,

·   minimum 6mm laminated glazing for all balcony glazing.

Advice: This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To ensure that new sensitive use does not conflict with, interfere with or constrain uses with potential to cause environmental harm.

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.

CONDITION ENDORSEMENT

·                If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e-planning portal. Detailed instructions can be found here.

·                Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).

·                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.

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.

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.

FEES AND CHARGES

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

PARKING

The applicant is encouraged to consider an online booking system for visitor parking.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for an extension to a previously approved development including eight additional multiple dwellings at 66 Burnett Street, North Hobart 7000, on the basis that the scheme requirements are met including the performance criteria outlined E6.6.1, subject to the following conditions and restrictions:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-21-475 - 66 BURNETT STREET NORTH HOBART TAS 7000 - Final Planning Documents.

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 2021/01206-HCC dated 2/8/2021 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG s1

Increased bicycle parking that meets the requirements of the Australian Standard must be provided to the satisfaction of the Director City Planning.

Reason for condition

To ensure sufficient parking options are provided.

ENG sw1

All stormwater from the proposed development must be drained to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first). The stormwater must drain via the stormwater treatment system shown on JMG drawing H03 Rev BA2.
The new stormwater connection shown on JMG drawing C02 Rev BA4 must be installed prior to issue of any completion, or commencement of use (whichever occurs first).

All works must be undertaken and maintained in accordance with the submitted drawings.

Reason for condition

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

ENG 6

The number of bicycle parking spaces approved on the site is a minimum of forty two (42).

Detailed engineering drawings must be submitted and approved by the Director City Planning by way of condition endorsement, showing the bicycle parking areas.

To the extent possible, the bicycle parking areas must be designed to be compliant with the Australian Standards AS/NZS 2890.3:2015. To the extent it is not possible for the design to be compliant with the Australian Standards, the design must otherwise provide safe, obvious and easy access for cyclists and be sufficient to conveniently, efficiently and safely serve users without conflicting with vehicular or pedestrian movements or the safety of building occupants.

The bicycle parking areas must not obstruct any exit or entry (pedestrian or vehicular) to the building. 

The approved detailed design of the bicycle parking areas must be installed and constructed prior to the issue of the occupancy permit(s) for the development approved by this permit.

Advice:
This condition supersedes condition ENG 6 upon the Planning Permit issued for PLN–19–227.

Reason for condition

To ensure safe and efficient parking adequate to provide for the use.

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 s1

A detailed design must be submitted and approved as a Condition Endorsement prior to the issuing of any approval under the Building Act 2016. The detailed design must demonstrate that:

Units 60, 61 and 62 on Levels 5 and 6 would have:

·       concrete panel external walls;

·       bi­fold doors sufficient to allow complete or partial enclose of their balconies;

·       inoperable windows where practicable;

·       casement or awning windows, with good acoustic seals on the entire perimeter that are positively engaged when shut;

·       minimum 6/12/6 double glazing with laminated panes for all window and door glazing (excluding balconies); and,

·       minimum 6mm laminated glazing for all balcony glazing.

Advice: This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To ensure that new sensitive use does not conflict with, interfere with or constrain uses with potential to cause environmental harm.

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.

CONDITION ENDORSEMENT

·                If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e-planning portal. Detailed instructions can be found here.

·                Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).

·                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.

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.

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.

FEES AND CHARGES

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

PARKING

The applicant is encouraged to consider an online booking system for visitor parking.

7.2.3   51 Bay Road, New Town - Two Multiple Dwellings (One Existing, One New)

COATS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 23 September 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for two multiple dwellings (one existing, one new), at 51 Bay Road, New Town 7008 for the reasons outlined in the officer’s report attached to item 7.2.3 of the Open City Planning Committee agenda of 4 October 2021, 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 PLN­21­182 ­ 51 BAY ROAD NEW TOWN TAS 7008 ­ 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 2021/00465­HCC dated 30/03/2021 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 2

Screening with no more than 25% uniform transparency and a minimum height of 1.7m above surface level, must be installed and maintained along the northern side of the upper level deck prior to the first occupation.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing screening in accordance with the above requirement.

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To provide reasonable opportunity for privacy for dwellings.

PLN s2

The upper level bedroom window in the northern elevation of the dwelling must be modified to reduce the potential for direct views to the habitable room windows of the adjacent property to the north.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing:

1.      the upper level bedroom window in the northern elevation having a sill height of not less than 1.7m above the floor level or the application of fixed obscure glazing (with full details of such) extending to a height of not less than 1.7m above the floor level on this window.

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To reduce the potential for privacy impact upon the adjoining property.

ENG sw1

Prior to first occupation or commencement of use (whichever occurs first), 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.

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 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 costs associated with works required by this condition are to be met by the owner.

Design drawings and calculations of the proposed stormwater drainage and connections to the Council's stormwater infrastructure must be submitted and approved prior to the commencement of work.

All impervious areas which can be drained via gravity (including charged systems) must be drained via gravity. The pump system must be limited to capture stormwater only from areas which cannot be drained via gravity. All pump rising main discharges must occur to a private dispersion pit such that only gravity flow from the property to the Council stormwater connection occurs. The design drawings and calculations must:

1.      prepared by a suitably qualified person; and

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

3.      address all requirement under the City guideline for " Private Stormwater Pumping System"

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

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

SW 9

Prior to occupancy or the commencement of the approved use (whichever occurs first), stormwater detention for stormwater discharges from the development must be installed.

A stormwater design must be submitted and approved as a Condition Endorsement, prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first). The stormwater management report and design must be prepared by a suitably qualified engineer and must:

1.      include detailed design and supporting calculations of the detention tank showing:

(i)     detention tank sizing such that there is no increase in flows from the developed site up to 5% AEP event and no worsening of flooding;

(ii)     the layout, the inlet and outlet (including long section), outlet size, overflow mechanism and invert level;

(iii)    the discharge rates and emptying times; and

(iv)    all assumptions must be clearly stated;

2.      include a supporting maintenance plan, which specifies the required 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 and maintained in accordance with the approved stormwater management report and design.

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

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 3a

Prior to first occupation or commencement of use (whichever occurs first), the circulation roadway (domestic driveway), and parking module (parking spaces, aisles, and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS 2890.1:2004 (including the requirement for vehicle safety barriers and physical controls where required), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

Advice:

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

Reason for condition

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

ENG 3c

The circulation roadway (domestic driveway), and parking module (parking spaces, aisles, and manoeuvring area) must be constructed in accordance with the Planning DWG No B001 Rev 1, B101 Rev 1, B201 Rev 1, and H010 Rev 1.

Prior to first occupation or commencement of use (whichever occurs first), 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

Prior to first occupation or commencement of use (whichever occurs first), the circulation roadway (domestic driveway) and parking module (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 .

Reason for condition

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

ENG 5

The number of car parking spaces approved to be used on the site is Four (4).

Prior to first occupation or commencement of use (whichever occurs first), 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.

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.

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.

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

If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning portal. Detailed instructions can be found here.

A fee of 2% of the value of the works for new public assets (stormwater infrastructure, roads and related assets) will apply for the condition endorsement application.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).

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.

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.

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.

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.

7.2.4   315 Elizabeth Street, North Hobart - Partial Change of Use to Food Services

BEHRAKIS

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial change of use to food services at 315 Elizabeth Street, North Hobart 7000 on the basis that the scheme requirements are met, including the performance criteria outlined in both clause 9.1.1 and clause 9.5, subject to the following conditions:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-21-505 - 315 Elizabeth Street North Hobart TAS 7000 - Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 6

The use must not be open to the public outside of the following hours:

Venue, courtyard and deck areas:

·        8:00am to 12:00 midnight, Monday - Saturday

·        8:00am to 11:00pm, Sunday

Rear Garden Area

·        8:00am to 6:00pm (8:00pm during daylight savings), Monday - Sunday

Reason for condition

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

PLN s1

Prior to the commencement of the approved use of the Rear Garden Area, a Management Plan for the operation of the Rear Garden Area must be submitted and approved as a Condition Endorsement, to the satisfaction of the City of Hobart's Director City Planning. The Management Plan must include measures to minimise detrimental impacts on adjoining uses and the amenity of the locality. These measures must include, but are not limited to, the following requirements:

1.     The hours of operation of the Rear Garden Area being confined to 8:00am to 6:00pm(8:00pm during daylight savings), Monday - Sunday;

2.     Details of how any amplified music will be located and/or managed within the Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality;

3.     Details of how any open fires, including fire pots, will be located and/or managed within the Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality;

4.     Details of how any lighting will be located and/or managed within the Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality;

5.     The side gate between the Rear Garden Area and the Right of Way to Elizabeth Street being closed after 6:00pm every day, with access to the venue after 6:00pm only being via the front door onto Elizabeth Street unless patrons are accompanied by a staff member;

6.     The name/s and the phone number/s of the person/s responsible for the management of the operation of the Food Services use being provided, so that nearby residents have a 24 hour point of contact in relation to any complaints regarding the impact of the Rear Garden Area upon adjoining uses and the amenity of the locality. If the property is sold the Management Plan must be updated with new contact details;

7.     The operators of the Food Services use actively managing the behaviour of patrons within the Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality, including that the Rear Garden Area is staffed at all time while in use; and

8.     That no parking will occur in the Rear Garden Area.

Once approved by the City of Hobart's Director City Planning, the Management Plan must be provided, at a minimum, to all owners/occupiers of all adjoining properties by the operators of the Food Services use within 14 days of being approved. If the property is sold, the updated Management Plan (in accordance with 6. above) must be provided to all owners/occupiers of all adjoining properties within 10 business days of settlement.

Once approved, the Management Plan must be implemented prior to the commencement of the approved use of the Rear Garden Area, and must be maintained for as long as the use is in operation.

Advice:
This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.
The Management Plan approved under the previous planning permit PLN-19-103 still applies to the area referred to as the New Decking Area and must be complied with in accordance with the requirements of that permit.

Reason for condition

To minimise detrimental impacts to adjoining uses and the amenity of the locality

ENG 5

No parking is approved on-site under this permit.

Reason for condition

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

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.

CONDITION ENDORSEMENT

If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e-planning portal. Detailed instructions can be found here.

A fee of 2% of the value of the works for new public assets (stormwater infrastructure, roads and related assets) will apply for the condition endorsement application.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).

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.

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.

RIGHT OF WAY

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

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.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial change of use to food services at 315 Elizabeth Street, North Hobart 7000 on the basis that the scheme requirements are met, including the performance criteria outlined in both clause 9.1.1 and clause 9.5, subject to the following conditions:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-21-505 - 315 Elizabeth Street North Hobart TAS 7000 - Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 6

The use must not be open to the public outside of the following hours:

Venue, courtyard and deck areas:

·        8:00am to 12:00 midnight, Monday - Saturday

·        8:00am to 11:00pm, Sunday

Rear Garden Area

·        8:00am to 6:00pm (8:00pm during daylight savings), Monday - Sunday

Reason for condition

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

PLN s1

Prior to the commencement of the approved use of the Rear Garden Area, a Management Plan for the operation of the Rear Garden Area must be submitted and approved as a Condition Endorsement, to the satisfaction of the City of Hobart's Director City Planning. The Management Plan must include measures to minimise detrimental impacts on adjoining uses and the amenity of the locality. These measures must include, but are not limited to, the following requirements:

1.     The hours of operation of the Rear Garden Area being confined to 8:00am to 6:00pm(8:00pm during daylight savings), Monday - Sunday;

2.     Details of how any amplified music will be located and/or managed within the Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality;

3.     Details of how any open fires, including fire pots, will be located and/or managed within the Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality;

4.     Details of how any lighting will be located and/or managed within the Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality;

5.     The side gate between the Rear Garden Area and the Right of Way to Elizabeth Street being closed after 6:00pm every day, with access to the venue after 6:00pm only being via the front door onto Elizabeth Street unless patrons are accompanied by a staff member;

6.     The name/s and the phone number/s of the person/s responsible for the management of the operation of the Food Services use being provided, so that nearby residents have a 24 hour point of contact in relation to any complaints regarding the impact of the Rear Garden Area upon adjoining uses and the amenity of the locality. If the property is sold the Management Plan must be updated with new contact details;

7.     The operators of the Food Services use actively managing the behaviour of patrons within the Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality, including that the Rear Garden Area is staffed at all time while in use; and

8.     That no parking will occur in the Rear Garden Area.

Once approved by the City of Hobart's Director City Planning, the Management Plan must be provided, at a minimum, to all owners/occupiers of all adjoining properties by the operators of the Food Services use within 14 days of being approved. If the property is sold, the updated Management Plan (in accordance with 6. above) must be provided to all owners/occupiers of all adjoining properties within 10 business days of settlement.

Once approved, the Management Plan must be implemented prior to the commencement of the approved use of the Rear Garden Area, and must be maintained for as long as the use is in operation.

Advice:
This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.
The Management Plan approved under the previous planning permit PLN-19-103 still applies to the area referred to as the New Decking Area and must be complied with in accordance with the requirements of that permit.

Reason for condition

To minimise detrimental impacts to adjoining uses and the amenity of the locality

ENG 5

No parking is approved on-site under this permit.

Reason for condition

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

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.

CONDITION ENDORSEMENT

If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e-planning portal. Detailed instructions can be found here.

A fee of 2% of the value of the works for new public assets (stormwater infrastructure, roads and related assets) will apply for the condition endorsement application.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).

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.

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.

RIGHT OF WAY

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

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.

7.2.5   58 Barrack Street, Hobart and Adjacent Road Reserve - Partial Demolition, Alterations, and Partial Change of Use to Food Services, General Retail Hire and Visitor Accommodation

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 21 September 2021, be adopted, as amended with revised conditions HER 11 and HER 17a to read as follows:

“HER 11

The location of the two south east facing first floor internal windows (to the meeting room and kitchen) shown for enclosure on plan A0204 must be apparent from the interior side of the original wall, either through a recess or another treatment.

Prior to the issue of any approval under the Building Act 2016, revised plans and justification for the materials used must be submitted and approved as a Condition Endorsement showing the design of the enclosure.

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

Advice: This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To ensure that development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER 17a

The palette of exterior colours and extent and application of materials must reflect the palette of materials and colours to the original building and the immediate streetscape and reflect the traditional design of two storey verandahs associated with the site.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing exterior colours and materials in accordance with the above requirement. Revised plans must show:

1.   The removal of the proposed metal louvre to the north eastern end of the upper level of the addition, facing Barrack Street.

2.   The provision of vertical fluted glazing panels as proposed, extending the full width of the window, and wrapping around the north eastern facade, facing Barrack Street.

3.   The reduction in height of the solid plinth wrapping around Goulburn and Barrack Streets to match lower section of the south eastern facade toward the south western end of the ground floor commercial tenancy.

4.   Bagging and painting of all the proposed external brickwork and finishing in white to match the existing rendered Barrack Street facade.

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

Advice: This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To ensure that development at a heritage place and precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.”

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 partial demolition, alterations, and partial change of use to food services, general retail and hire, and visitor accommodation, at 58 Barrack Street, Hobart 7000 for the reasons outlined in the officer’s report attached to item 7.2.5 of the Open City Planning Committee agenda of 4 October 2021, 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 PLN­21­340 ­ 58 BARRACK STREET HOBART TAS 7000 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2021/01235­HCC dated 29/07/2021 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

THC

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 6638 dated 10 September 2021, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

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 costs associated with works required by this condition are to be met by the owner.

Design drawings and calculations of the proposed stormwater drainage and connections to the Council's stormwater infrastructure must be submitted and approved prior to the commencement of work. The design drawings and calculations must:

1.      prepared by a suitably qualified person.

2.      include long section(s)/levels and grades to the point of discharge, size and material of the stormwater connection.

3.      include a private transition pit or I/O is required at the boundary, delineating private vs public.

4.      if a new stormwater connection is required, any existing connections must be specified as to be removed and reinstated at owner's cost.

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

Advice:

The applicant is advised to submit detailed design drawings and calculations as part of their plumbing permit application. If detailed design to satisfy this condition is submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will still need to obtain a plumbing permit for the works.

Reason for condition

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

ENG 3a

The access driveways and parking modules (parking spaces and manoeuvring areas) must be designed and constructed in accordance with Australian Standard AS/NZS 2890.1:2004 (including the requirement for vehicle safety barriers where required), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

Advice:

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

Reason for condition

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

ENG 3c

The accesses and parking modules (parking spaces and manoeuvring areas) must be constructed in accordance with the Preston Lane documentation received by the Council on the 12th August 2021.

Reason for condition

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

ENG 5

The number of car parking spaces approved to be used on the site is ten (10). 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 commencement of use.

Reason for condition

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

ENG 5b

The use of the area "car parking space 1" (Goulburn Street frontage) as shown on the design drawings received by the Council on the 12th August 2021 is restricted to "Deliveries Only".

Reason for condition

To clarify the scope of the permit.

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.

ENG 13

The side boundary fencing (Goulburn Street access) within 2.5 metres of the frontage must allow adequate sight distance between user vehicles, cyclists and pedestrians.

Amended drawings must be submitted and approved, prior to the commencement of work. The amended drawings must show the fencing within 2.5 metres of the frontage less than or equal to 1.2m in height in order to provide adequate sight distance between user vehicles, cyclists and pedestrians.

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

Advice:

The applicant may submit amended drawings to satisfy this condition as either part of a Building Application, or alternatively 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]).

Failure to address condition requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To ensure the safety of vehicles entering and leaving the development and of pedestrians and traffic in the vicinity.

ENG s1

The vehicle access at the Goulburn Street frontage must have a maximum clear width of 4.0 metres to prevent turning manoeuvres over the footpath into the on street car parking space.

Advice:

A low height wall (<500mm) along the Goulburn Street frontage limiting the clear access width may be utilised to satisfy this requirement.

Reason for condition

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

ENV 1

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

Advice:

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

Reason for condition

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

HER 11

The location of the two south east facing first floor internal windows (to the meeting room and kitchen) shown for enclosure on plan A0204 must be apparent from the interior side of the original wall, either through a recess or another treatment.

Prior to the issue of any approval under the Building Act 2016, revised plans and justification for the materials used must be submitted and approved as a Condition Endorsement showing the design of the enclosure.

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

Advice: This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To ensure that development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER 5

The proposed sign must be finished in muted, non­reflective colours to the satisfaction of the Council's Director City Planning.

Prior to the installation of the sign, revised plans must be submitted and approved as a Condition Endorsement showing the sign in accordance with the above requirement.

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To ensure the size, design and siting of signs complements and does not impact on the cultural heritage significance of select relevant places or precincts, listed in the Historic Heritage code.

HER 17a

The palette of exterior colours and extent and application of materials must reflect the palette of materials and colours to the original building and the immediate streetscape and reflect the traditional design of two storey verandahs associated with the site.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing exterior colours and materials in accordance with the above requirement. Revised plans must show:

1.    The removal of the proposed metal louvre to the north eastern end of the upper level of the addition, facing Barrack Street.

2.    The provision of vertical fluted glazing panels as proposed, extending the full width of the window, and wrapping around the north eastern facade, facing Barrack Street.

3.    The reduction in height of the solid plinth wrapping around Goulburn and Barrack Streets to match lower section of the south eastern facade toward the south western end of the ground floor commercial tenancy.

4.    Bagging and painting of all the proposed external brickwork and finishing in white to match the existing rendered Barrack Street facade.

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

Advice: This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

To ensure that development at a heritage place and precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

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

If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning portal. Detailed instructions can be found here.

A fee of 2% of the value of the works for new public assets (stormwater infrastructure, roads and related assets) will apply for the condition endorsement application.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).

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.

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 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.

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.

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.

VISITOR ACCOMMODATION

More information on visitor accommodation, including when building approval is required, can be found here.

In all cases, check with your insurance company that you have adequate cover.

If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.

If you have a spa or a pool at your property then you are required to test for microbiological quality and chemical parameters on a monthly basis, under the Public Health Act 1997.  If you have any questions about this then please call our Environmental Health team on 6238 2715.

If you are providing food for consumption on the property, you may require a food business registration in accordance with the Food Act 2003. Click here for more information, or call our Environmental Health team on 6238 2715.

You are encouraged to have in place a management plan for the operation of the visitor accommodation. The management plan should include measures to limit, manage and mitigate unreasonable impacts upon the amenity of permanent residents, including addressing issues like noise, waste management, customer behaviour, security, and maximum occupancy.

Visitor accommodation is also considered to be a commercial use and also not eligible to residential parking permits. Under the current policy for the issuing of residential parking permits, the proposed change of use to visitor accommodation would not entitle the property to a residential parking permit, or a transferable “bed and breakfast” parking permit.

8.1      Delegated Decisions Report (Planning)

HARVEY

That the recommendation contained in the memorandum of the Director City Planning of 28 September 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

8.2      City Planning Advertising Report

DUTTA

That the recommendation contained in the memorandum of the Director City Planning of 29 September 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

That the information be received and noted.

MOTION CARRIED

VOTING RECORD

12       327 Argyle Street, North Hobart - Partial Demolition, Alterations and Extension

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 28 September 2021, be adopted, as amended with a revised condition PLN 6 to read as follows:

“PLN 6

The approved hours of operation are 10am to 10pm seven days a week.

Advice: Hours of operation are defined as the hours that a use is open to the public or conducting activities related to the use, not including routine activities normally associated with opening and closing or office and administrative tasks.

Reason for condition

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

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, and extension at 327 Argyle Street, North Hobart 7000 for the reasons outlined in the officer’s report attached to supplementary item 12 of the Open City Planning Committee agenda of 4 October 2021, 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 PLN­21­348 ­ 327 ARGYLE STREET NORTH HOBART TAS 7000 ­ CPC Agenda Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 14

Noise emissions measured at the boundary of the site must not cause environmental harm.

Reason for the condition

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

PLN 17

Any external security lighting must operate in accordance with Australian Standard AS4282 ­ Control of the obtrusive effects of outdoor lighting.

Reason for condition

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

PLN 6

The approved hours of operation are 10am to 10pm seven days a week.

Advice:

Hours of operation are defined as the hours that a use is open to the public or conducting activities related to the use, not including routine activities normally associated with opening and closing or office and administrative tasks.

Reason for condition

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

PLN 8

The proposed front fences and gates on the George Street and Argyle Street frontages must be no more than 1.8m in height above existing ground level.

Reason for condition

In the interest of the streetscape.

PLN s1

No outdoor seating or dining is approved by this permit.

Reason for condition

To clarify the scope of the permit.

PLN s2

The proposed storage shed must comply with the building envelope under Part D 11.4.2 Setbacks and building envelope for all dwellings of the Hobart Interim Planning Scheme 2015.

Reason for condition

To confirm compliance with the building envelope provisions.

PLN s3

Commercial vehicle movements, (including loading and unloading and garbage removal) to or from a site must be limited to 20 vehicle movements per day and be within the hours of:

(a) 7.00 am to 5.00 pm Mondays to Fridays inclusive;

(b) 9.00 am to 12 noon Saturdays;

(c) nil on Sundays and Public Holidays.

Reason for condition

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

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas 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 3a

The access driveway and delivery area (service and manoeuvring area) must be designed and constructed in general accordance with Australian Standard AS/NZS 2890.2:2002, or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

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 delivery area (service and manoeuvring area) must be constructed in accordance with the Hubble Traffic and Philp Lighton Architects documentation received by the Council on the 26th July 2021.

Prior to the commencement of use, documentation by a suitably qualified engineer certifying that the access driveway and delivery area 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 1

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

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

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

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

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

Reason for condition

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

ENV 1

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

Advice:

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

Reason for condition

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

HER 9

The chimney stack (not shown on plans) and fireplace below (as shown in drawing Level 2 Floor level ­ Proposed DA300 Rev C, dated 16/07/21) on the southern part of the site must be retained as is and in situ.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing the retention of the chimney in accordance with the above requirement.

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

Reason for condition

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

HER 11

No unpainted brickwork is to be painted.

Reason for condition

To ensure that development in a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

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

If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning portal. Detailed instructions can be found here.

A fee of 2% of the value of the works for new public assets (stormwater infrastructure, roads and related assets) will apply for the condition endorsement application.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).

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.

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

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.

SECTION 52 OF THE LOCAL GOVERNMENT HIGHWAYS ACT 1982

Pursuant to Section 52 of the Local Government Highways Act 1982 no part of a window and/or door (gate) is to open onto or over the Council Road reservation.

RIGHT OF WAY

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

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.

HERITAGE

It is suggested that the property be nominated as a Listed Place as per Table E 13.1 of the Hobart Interim Planning Scheme 2015.