Minutes (Open Portion)

City Planning Committee Meeting

Page 3

14/12/2020

Minutes (Open Portion)

City Planning Committee Meeting

Page 4

14/12/2020

BRISCOE

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 30 November 2020 and the Special City Planning Committee meeting held on Wednesday, 2 December 2020, be confirmed as an accurate record. 

MOTION CARRIED

VOTING RECORD

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

BRISCOE

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

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

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

b.     There are no prudent or feasible alternatives;

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

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

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

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

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

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

b.     There are no prudent or feasible alternatives;

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

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

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

Attachments

a    Danielle Gray - Deputation Supporting Information - 19 View Street ⇨

b    Ian Johnson - Deputation Supporting Information - 19 View Street ⇨

c    Andrew Bowie - Deputation Supporting Information - 19 View Street ⇨  

7.1.2   41 Hill Street, West Hobart - Partial Demolition and Two Multiple Dwellings (One Existing, One New)

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 7 December 2020, be adopted, as amended by the inclusion of an additional condition PLN 10:

“PLN 10

Prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first), a landscaping plan for the soft landscaping of the site prepared by a suitably qualified landscape expert must be submitted and approved.  The landscaping plan must be designed to minimise the visual impacts caused by the development when viewed from adjoining lots.

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

Prior to occupancy or the commencement of the use (whichever occurs first), confirmation from a suitably qualified landscape expert that all landscaping works required by this condition have been implemented, must be submitted.

The vegetation which is planted on the site pursuant to the landscaping plan must be maintained and must not be disturbed. If any vegetation dies or is destroyed, replacement vegetation of a similar size must be planted within 30 days of the death or destruction.”

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 and two multiple dwellings (one existing, one new), at 41 HILL STREET WEST HOBART TAS 7000 for the reasons outlined in the officer’s report attached to item 7.1.2 of the Open City Planning Committee agenda of 14 December 2020 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­20­658 41 HILL STREET WEST 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 2020/01562­HCC dated 05/10/2020 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

Prior to occupancy of the new dwelling, a 2.1m high fence must be installed along the north west boundary, except for within four (4) metres of the front boundary, where it must be no higher than 1.2metres.

Reason for condition

To attenuate vehicle noise from the driveway.

PLN s2

Prior to the issuing of any approvals under the Building Act 2016 for the new dwelling, revised plans must be submitted and approved showing the following:

1.      the window AFA1818 in the dining room must be changed to a sill height no less than 1.7m from floor level;

2.      the window in bedroom 3 must be treated with opaque film to avoid overlooking of neighbouring properties.

All work referred to in this condition must be undertaken in accordance with the approved revised plans.

Reason for condition

To comply with clause 11.4.2 P2 of the Hobart Interim Planning Scheme 2015.

PLN 10

Prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first), a landscaping plan for the soft landscaping of the site prepared by a suitably qualified landscape expert must be submitted and approved.  The landscaping plan must be designed to minimise the visual impacts caused by the development when viewed from adjoining lots.

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

Prior to occupancy or the commencement of the use (whichever occurs first), confirmation from a suitably qualified landscape expert that all landscaping works required by this condition have been implemented, must be submitted.

The vegetation which is planted on the site pursuant to the landscaping plan must be maintained and must not be disturbed. If any vegetation dies or is destroyed, replacement vegetation of a similar size must be planted within 30 days of the death or destruction.

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). All stormwater which is practicable to drain to Council infrastructure via a gravity system (including suspended or charged systems) must do so. In case of pump system, detailed design and associated calculations (including pump curves) of the proposed stormwater pump system prepared by a suitably qualified engineer and demonstrating compliance with the Hobart City Council's Guidelines for Property Owners and Developers Private Stormwater Pumping Stations. The risk category must be at least medium.

Reason for condition

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

ENG sw4

The new stormwater connection must be constructed and existing abandoned connections sealed by the Council at the owner’s expense, prior to the first occupation.

Detailed engineering drawings must be submitted and approved, prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first). The detailed engineering drawings must include:

1.      the location of the proposed connection; and

2.      the size of the connection appropriate to satisfy the needs of the development.

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

Advice:

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

Reason for condition

To ensure the site is drained adequately.

SW 9

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

A stormwater management report and design must be submitted and approved, 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:

1.      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;

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

3.      the discharge rates and emptying times; and

4.      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.

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

The access driveway, circulation roadways, ramps 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 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 3b

The access driveway, circulation roadways, ramps 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, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) design must:

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

3.      Be generally in accordance with the Australian Standard AS/NZS 2890.1:2004,

4.      Where the design deviates from AS/NZS 2890.1:2004 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, and

5.      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 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 commencement of use.

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

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 2

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

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

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

Advice:

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

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

Reason for condition

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

HER 17a

The palette of exterior colours, materials and finishes for the new house must reflect the palette of materials within the local streetscape and precinct.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing exterior colours, materials and finishes in accordance with the above requirement.

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

Reason for condition

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

HER 17b

The use of the colour and material Colorbond 'Ironstone' on the roof of the new dwelling is not approved. An alternative colour must be selected and used that is equivalent to the BASIX classification for Colorbond in the light to medium solar absorptance range and is more sympathetic to and reflect the exterior colours within the local streetscape and precinct.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved which shows an alternative roof cladding in accordance with the above requirements.

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

Advice:

The applicant is to note that the solar absorptance of the colour 'Ironstone' is 0.74 and classified as a 'dark' colour under the BASIX. The following link outlines these figures and identifies colours that offer a better thermal efficiency and colours within the light to medium range.

www.steel.com.au/products/coated­steel/colorbond­steel/basix­and­bca­classification

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.

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

You may require an occupational license for structures in the Hobart City Council highway reservation, in accordance with conditions to be established by the Council. Click here for more information.

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

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

NEW SERVICE CONNECTION

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

PLANNING

The applicant is encouraged to install the additional fence height along the northern boundary in the vicinity of the neighbouring dwelling to improve privacy and vehicle noise attenuation.

Note: that fencing and landscaping within four (4) metres of the front boundary must taper down to 1.2m maximum height.

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.

STORMWATER / ROADS / ACCESS

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

NOISE REGULATIONS

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

WASTE DISPOSAL

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

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

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment

a.   Eliza Richardson - Deputation Supporting Information - 41 Hill Street ⇨  

7.1.3   131 Brooker Avenue, Glebe and Adjacent Road Reserve - Partial Demolition and Alterations

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 8 December 2020, 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 partial demolition and alterations at 131 Brooker Avenue, Glebe and adjacent road reserve for the reasons outlined in the officer’s report attached to item 7.1.3 of the Open City Planning Committee agenda of 14 December 2020 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­20­318 ­ 131 BROOKER AVENUE GLEBE TAS 7000 ­ Final Planning Documents except where modified below.

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: 6274 dated 25 November 2020, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw1

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

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 parking module (parking space) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (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 3b

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

The access driveway and parking module (parking space) 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

5.      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 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 commencement of use.

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

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

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

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

Reason for condition

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

ENG 13

The front fencing and gate to the Lillie Street highway reservation must allow adequate sight distance between user vehicles, cyclists and pedestrians.

All work must be undertaken in accordance with the plans approved by this permit, and must:

1.      Use a swing­lifting gate; and

2.      Have a transparency of 50% above 1.2m in height.

Reason for condition

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

ENG r3

Prior to the commencement of use, the proposed driveway crossover in the Lillie Street highway reservation must be designed and constructed in general accordance with:

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

·        Footpath ­ Urban Roads Footpaths TSD­R11­v2.

Design drawings must be submitted and approved prior to any approval under the Building Act 2016. The design drawing must:

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

2.      If the design deviates from the requirements of the TSD then the drawings must demonstrate that a B85 vehicle or B99 depending on use (AS/NZS 2890.1 2004, section 2.6.2) can access the driveway from the road pavement into the property without scraping the car's underside.

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

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

Advice:

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

Please note that your proposal does not include adjustment of footpath levels. Any adjustment to footpath levels necessary to suit the design of proposed floor, parking module or driveway levels will require separate agreement from Council's Road Services Engineer and may require further planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.

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

Reason for condition

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

HER 9

The timber sash window must be salvaged, labelled and stored onsite.

Reason for condition

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

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.

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.

ACCESS

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

CROSS OVER CONSTRUCTION

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

STORMWATER / ROADS / ACCESS

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

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.

WORK PLACE HEALTH AND SAFETY

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

NOISE REGULATIONS

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

WASTE DISPOSAL

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

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

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

7.1.4   7 Nixon Street, Sandy Bay - Partial Demolition, Alterations, Extension and Front Fencing

BEHRAKIS

That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning

Committee, recommends approval of the application for Partial Demolition, Alterations, Extension and Front Fencing at 7 Nixon Street, Sandy Bay, in that the proposal complies with the Scheme, including clauses E13.8.1 P1, E13.8.2 P1 and E13.8.2 P3, and recommends that 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 PLN-20-460 - 7 NIXON STREET SANDY BAY TAS 7005 - Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG sw1

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

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 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 commencement of use.

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

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.

HER 11

The window design of the part of the extension facing Marsden Street is not approved.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing a revised window design and arrangement, including the following:

(a)          extending the part of the brick wall which is on the corner, to the roof; and

(b)          replacing the primary window and the highlight window with two vertical windows of traditional proportions (where the ratio of the shorter side to the longer is 1:1.6 or similar).

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

Reason for condition

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

HER 16

The front fence along the Nixon Street boundary must be no more than 1.2 metres in height above natural ground level. The fence along Marsden Street must be no higher than 1.2 metres at the corner with Nixon Street and be no more than 2.3 metres in height (including the concrete base) at the point where the fence is adjacent to 1 Marsden Street.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing the front fence in accordance with the above requirement.

Reason for condition

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

HER 17a

The external materials and finishes of the approved development must be substantially in accordance with the approved plans.  Any substantial change in the materials and finishes requires further approval.

All exterior colours, materials and finishes must reflect the palette of colours, materials and finishes within the local streetscape and precinct.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing all exterior colours, materials and finishes in accordance with the above requirement. 

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

Reason for condition

To ensure that development at 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, by-laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

You may require an cccupational license for structures in the Hobart City Council highway reservation, in accordance with conditions to be established by the Council. Click here for more information.

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

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

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. 

MOTION LOST

VOTING RECORD

HARVEY

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, alterations, extension and front fencing, at 7 Nixon Street, Sandy Bay for the following reasons:

1       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the proposal includes demolition that will result in the loss of parts of a building that contribute to the historic cultural heritage significance of the precinct as stated in the statements of significance for the Sandy Bay 1 Heritage Precinct.

2       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the proposed rear extension will result in detriment to the historic cultural heritage significance of the precinct as stated in the statements of significance for the Sandy Bay 1 Heritage Precinct.

3       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 A3 and P3 of the Hobart Interim Planning Scheme 2015 because the proposed rear extension will detract from the historic cultural heritage significance of the precinct as stated in the statements of significance for the Sandy Bay 1 Heritage Precinct.

MOTION LOST

VOTING RECORD

COMMITTEE RESOLUTION:

That the item be referred to the Council without recommendation.

Attachment

a.   Sarah Kimber - Deputation Supporting Information - 7 Nixon Street ⇨  

7.1.5   9 Kooyong Glen, South Hobart - Subdivision (Boundary Adjustment)

COATS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 9 December 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for subdivision (boundary adjustment) at 9 Kooyong Glen South Hobart for the reasons outlined in the officer’s report attached to item 7.1.5 of the Open City Planning Committee agenda of 14 December 2020 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­20­774 9 KOOYONG GLEN SOUTH HOBART TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

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

Reason for condition

To clarify the scope of the permit.

PLN s1

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

Reason for condition

To provide reasonable opportunity for privacy for dwellings.

ENG sw2.1

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

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

Reason for condition

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

ENG sw2.2

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

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

Reason for condition

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

ENG sw4

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

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

1.      the location of the proposed connection.

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

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

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

Advice:

The applicant is advised to submit detailed design drawings via a Council City Amenity Division application for a new stormwater connection. If detailed design to satisfy this condition is submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will still need to submit an application for a new stormwater connection with Council City Amenity Division.

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

Reason for condition

To ensure the site is drained adequately.

ENG 2a

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

Advice:

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

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

Reason for condition

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

ENG 2b

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

Advice:

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

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

Reason for condition

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

ENG 3a

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

Advice:

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

Reason for condition

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

ENG 3b

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

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

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

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

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

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

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

Advice:

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

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

Reason for condition

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

ENG 1

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

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

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

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

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

Reason for condition

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

ENG r3

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

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

·        Footpath ­ Urban Roads Footpaths TSD­R11­v1.

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

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

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

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

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

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

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

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

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

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

Advice:

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

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

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

Reason for condition

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

SURV 1

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

Reason for condition

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

SURV 2

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

Reason for condition

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

SURV 3

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

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

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

Reason for condition

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

SURV 5

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

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

Reason for condition

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

SURV 11

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

Reason for condition

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

SURV 12

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

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

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

Reason for condition

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

SURV 13

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

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

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

Reason for condition

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

ENG 16

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

Reason for condition

To ensure that each lot is services separately.

ENG 17

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

Advice:

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

Reason for condition

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

OPS 1

The owner must pay a cash contribution to the Council for contribution to public open space, prior to sealing of the final plan.

The open space contribution is equal to 5% of the undeveloped value of Lot 2 in the final plan, in lieu of the provision of public open space within the subdivision.

Advice: The value is to be determined by a registered valuer commissioned by the Council at the developer's cost. Please contact the Council's Development Appraisal Unit on 6238 2715 to instigate the valuation process.

Reason for condition

Approval of the subdivision will create further demand upon Hobart's Public Open Space System. The funds obtained will be used for future expenditure on the purchase or improvement of land for public open space in Hobart.

ADVICE

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

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

CONDITION ENDORSEMENT ENGINEERING

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

Value of Building Works Approved by Planning Permit Fee:

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

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

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

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

NEW SERVICE CONNECTION

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

STORMWATER

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

STRUCTURES CLOSE TO COUNCILS' STORMWATER MAIN

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

WORK WITHIN THE HIGHWAY RESERVATION

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

REDUNDANT CROSSOVERS

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

ACCESS

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

CROSS OVER CONSTRUCTION

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

STORMWATER / ROADS / ACCESS

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

NOISE REGULATIONS

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

WASTE DISPOSAL

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

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

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

SUBDIVISION ADVICE

For information regarding standards and guidelines for subdivision works click here.

All conditions imposed by this permit are in accordance with the Local Government Building & Miscellaneous Provisions) Act 1993 and the Conveyancing and Law of Property Act 1884.

7.1.6   376 Huon Road, South Hobart and Adjacent Road Reserve - Subdivision (One Additional Lot) and Associated Works

HARVEY

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 9 December 2020, 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 subdivision (one additional lot) and associated works, at 376 Huon Road South Hobart, and the adjacent Stoney Steps Road, road reserve for the reasons outlined in the officer’s report attached to item 7.1.6 of the Open City Planning Committee agenda of 14 December 2020 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­20­446 ­ 376 HUON ROAD SOUTH HOBART TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2020/01173­HCC dated 22 September 2020 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

SW 2

Prior to practical completion, a post­construction structural condition assessment and visual record (eg video and photos) of the new Council stormwater infrastructure installed, must be submitted to the City of Hobart.

The condition assessment must include at least:

1.      a site plan clearly showing the location of the investigation, with access points and all segments and nodes shown and labelled, with assets found to have a different alignment from that shown on the City of Hobart’s plans shall be marked on the ground and on the plan;

2.      a digital recording of a CCTV inspection and written condition assessment report in accordance with WSA 05­2013 Conduit Inspection Reporting Code of Australia, in a 'Wincan’ compatible format; and

3.      photos of any existing drainage structures connected to or modified as part of the development.

Reason for condition

To ensure new public infrastructure meets Council standards

ENG 1

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

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

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

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

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

Reason for condition

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

ENG r3

Prior to the sealing of the final plan, the proposed driveway crossover in the Stoney Steps Road highway reservation must be designed and constructed in general accordance with:

·        Rural – TSD­R04­v1 – Rural Roads Typical Driveway Profile and TSD R03­v1 Rural Roads Typical Property Access.

Design drawings must be submitted and approved prior to any approval to undertake works in the highway reservation. The design drawings must:

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

2.      Show asphalt surface of the proposed driveway.

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

4.      Show the retaining wall and batter will not undermine the stability of the highway reservation.

5.      Show the retaining wall and batter can effectively support the embankment on both sides of the driveway.

6.      Show swept path templates in accordance with AS/NZS 2890.1 2004 for B85 vehicle.

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

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

Advice:

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

Failure to address condition endorsement requirements prior to submitting for approval to work in the highway reservation may result in unexpected delays.

A permit to work in the highway reservation must be obtained prior to commencement of works.

Reason for condition

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

ENV 2

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

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

Particular attention must be given to the embankment re­shaping works.

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

Advice:

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

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

Reason for condition

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

ENV 3

The bushfire hazard management plan (including the recommendations of the bushfire report) by Geo­Environmental Solutions dated October 2020 (J1480v 1.0) must be implemented and maintained.

Reason for condition

To reduce the risk to life and property, and the cost to the community, caused by bushfires

HER 11

All new driveway walls, surfaces, batters, features and service connections within the Stoney Steps Road reserve must be finished in a way that responds to the existing narrow and undeveloped character of the 1830's roadway through the use of natural stone or concrete that has the colouration of local stone. Further detailed drawings must be prepared.

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

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

Reason for condition

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

HER 6

A suitably qualified archaeologist must provide supervision of all onsite excavation and disturbance within the road reserve of Stoney Steps Road. Should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

1.      All excavation and/or disturbance must stop immediately; and

2.      A qualified archaeologist must provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and

3.      All and any recommendations made by the archaeologist engaged in accordance with (2) above must be complied with in full; and

4.      All features and/or deposits discovered must be reported to the Council with 1 day of the discovery; and

5.      A copy of the archaeologists advice, assessment and recommendations obtained in accordance with paragraph (2) above must be provided to Council within 30 days of receipt of the advice, assessment and recommendations.

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

Reason for condition

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

SURV 1

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

Reason for condition

To enable the Council to accurately update cadastral layers on the corporate

Geographic Information System.

SURV 2

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

Reason for condition

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

SURV 11

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

Reason for condition

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

ENG 14

Access and services to each lot must be designed and installed to meet the needs of future development, prior to the sealing of the final plan. All costs associated with works required by this condition are to be met by the owner.

Detailed engineering drawings must be submitted and approved prior to commencement of work on the site or issue of any consent under the Building Act (whichever occurs first). The drawings must:

1.      Be certified by a suitably qualified and experienced engineer.

2.      Be generally in accordance with LGAT Tasmanian Standard Drawings 2020 and Council's departures to these (available from here) and the LGAT Tasmanian Subdivision Guidelines 2013.

3.      Show the final Lot boundaries, with each Lot serviced separately by Council infrastructure and all private plumbing contained within each Lot.

4.      Show all stormwater from the proposed development (including but not limited to: roofed areas, ag drains, and impervious surfaces such as driveways) drained to Council stormwater infrastructure with sufficient receiving capacity.

5.      Show the location of all existing connections and third­party private pipes passing through the Lots.

6.      Show a single connection for each Lot located such that the majority of the lot (including the driveway) can be adequately and economically drained via gravity.

7.      Clearly distinguish between public and private infrastructure.

8.      Show in plan, cross­section and long­section the proposed public stormwater infrastructure (ie pits, DN300 main extension to upslope side of driveway and lot connection), including but not limited to, connections, clearances from structures, boundaries and other services, cover, gradient, sizing, material, pipe class, and access structures.  The DN300 main must be designed to allow future extension.

9.      The final apportionment of cost for the DN300 mains extension must be agreed upon in writing by both the Council and the developer prior to the issuing of engineering drawings and/or the start of works onsite (whichever occurs first).

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

Advice:

Note that the lots will also require adequate water and sewer service connections to TasWater mains/systems. The Services Plan must clearly show the existing/ proposed water, sewer and stormwater service connections for each lot. Check the TasWater conditions located in the Appendix.

Council will contribute to the cost difference between a DN150 mains extension and DN300 mains extension.  The applicant must obtain quotes for both scenarios to initiate this discussion.

Once the engineering drawings have been approved the Council will issue a condition endorsement.

Please note that once the condition endorsement has been issued, an Application to Construct Public Infrastructure is required. A bond, 12 month maintenance period and CCTVs will be required.

Reason for condition

To ensure that the subdivision of land provides adequate services to meet the projected needs of future development and drainage from roads and other land is adequately drained.

ENG 16

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

Reason for condition

To ensure that each lot is services separately.

ENG 17

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

Advice:

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

Reason for condition

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

OPS 1

The owner must pay a cash contribution to the Council for contribution to public open space, prior to sealing of the final plan.

The open space contribution is equal to 5% of the undeveloped value of Lot 1 comprised in the final plan, in lieu of the provision of public open space within the subdivision.

Advice:

The value is to be determined by a registered valuer commissioned by the Council at the developer's cost. Please contact the Council's Development Appraisal Unit on 6238 2715 to instigate the valuation process.

Reason for condition

Approval of the subdivision will create further demand upon Hobart's Public Open Space System. The funds obtained will be used for future expenditure on the purchase or improvement of land for public open space in Hobart.

ADVICE

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

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

CONDITION ENDORSEMENT ENGINEERING

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

Value of Building Works Approved by Planning Permit Fee:

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

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

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

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

You may require an occupational license for structures in the Hobart City Council highway reservation, in accordance with conditions to be established by the Council. Click here for more information.

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

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

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

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

NEW SERVICE CONNECTION

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

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.

STORM WATER / ROADS / ACCESS

Services to be designed and constructed in accordance with the (IPWEA) LGAT – standard drawings. 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.

WASTE DISPOSAL

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

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

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

SUBDIVISION ADVICE

For information regarding standards and guidelines for subdivision works click here. All conditions imposed by this permit are in accordance with the Local Government Building & Miscellaneous Provisions) Act 1993 and the Conveyancing and Law of Property Act 1884.

PUBLIC OPEN SPACE ­ CASH IN LIEU VALUATION

Please contact the Council's Development Appraisal Unit on 6238 2715 to instigate the valuation process.

7.1.7   72 Athleen Avenue, Lenah Valley and Adjacent Road Reserve - Dwelling

DUTTA

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 7 December 2020, 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 72 Athleen Avenue Lenah Valley TAS 7008 for the reasons outlined in the officer’s report attached to item 7.1.7 of the Open City Planning Committee agenda of 14 December 2020 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­20­135 ­ 72 ATHLEEN AVENUE AND ADJACENT ROAD RESERVE LENAH VALLEY TAS 7008 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG sw1

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

Reason for condition

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

ENG 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 3a

Prior to first occupation, the access driveway, and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (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 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

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

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

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

Reason for condition

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

ENG r1

The footing and suspended deck within the "retaining wall maintenance easement" and cutting of the retaining wall within the Athleen Avenue highway highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings, structural certificates of footings and suspended deck within the "retaining wall maintenance easement" and cutting of the retaining wall within the Athleen Avenue highway reservation must be submitted and approved, prior to the issue of 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 highway reservation;

3.      Include drawings and structural certificate which notes the driveway slab will not transfer additional loads onto the existing retaining wall;

4.      Detail the design and location of the footing within the "retaining wall maintenance easement", in particular the proximity to the retaining wall;

5.      Detail the location of the cutting of the retaining wall in relation to the construction joints and deck, noting that any vertical sawcut to be a minimum 1.2m from the joint and horizontal sawcut to the wall to be 20mm below the underside of the parking deck slab;

6.      Detail the reinstalment of the cut area of the retaining wall, noting that the vertical cut is to be sealed with a minimum of 70mm around the exposed reinforcement with minimum 10mm fosroc renderoc HB applied in full width of sawcut in accordance with manufactures specifications and the horizontal cut is to be sealed with 20mm layer polystyrene during pour, remove after curing and fill joint with backing road and 10 deep bostik seal­n­flex;

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

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

9.      Ensure that any structural certificates and drawings are notated in accordance with 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 2

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

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

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

Advice:

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

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

Reason for condition

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

ADVICE

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

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

CONDITION ENDORSEMENT ENGINEERING

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

Value of Building Works Approved by Planning Permit Fee:

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

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

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

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

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.

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.

PART 5 AGREEMENT

Please note that the owner(s) of this property are subject to a Part 5 Agreement with Hobart City Council (E37907) that requires the owner(s) to comply with the recommendations of the Geotechnical Management Plan (GMP) attached to the Agreement.

Please ensure all detailed designs and works undertaken are consistent with the GMP recommendations.  An experienced and suitably qualified geotechnical practitioner and/or civil engineer with appropriate expertise should endorse all relevant designs and supervise and/or inspect works as necessary to avoid breaching the Agreement.

One of the requirements of the GMP is that prior to any permanent cutting of filling and prior to the construction of any retaining walls, drawings demonstrating compliance with condition 11 of the subdivision permit (included in the Part 5 Agreement) must be submitted to and approved by the Council's Director City Planning.

Copies of the Part 5 Agreement are available from The LIST website via the ‘Scanned Dealings’ section.

7.1.8   3 Brisbane Street, Hobart - Partial Demolition, Alterations, Beer Garden and Extension to Operating Hours

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 9 December 2020, 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 partial demolition, alterations, beer garden and extension to operating hours, at 3 Brisbane Street, Hobart, for the reasons outlined in the officer’s report attached to item 7.1.8 of the Open City Planning Committee agenda of 14 December 2020 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­20­280 ­ 3 BRISBANE STREET 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:

Monday: 5pm ­ 12am

Tuesday: 5pm ­ 12am

Wednesday: 12pm ­ 12am

Thursday: 12pm ­ 12am

Friday: 12pm ­ 2am

Saturday: 3pm ­ 2am

Sunday: 5pm ­12am

Reason for condition

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

ENV s1

Amplified music must not be played in the upper level beer garden.

Reason for condition

To minimise adverse effects on nearby sensitive use to an acceptable level

ENV s2

The outside edge of the upper level beer garden, as shown in Figure 6.1 of the noise assessment by Alpha Acoustics (Rev 4A), must have an acoustic barrier installed prior to being used by the public. The acoustic barrier must be at least 1.2m high and must be constructed of safety glass, or an alternative material that provides an equivalent degree of sound attenuation as advised by a suitably qualified and experienced acoustic engineer. The barrier must be maintained for the life of the Hotel Industry use.

Advice:

Consideration should be given to using a solid or opaque material for the acoustic barrier in order to maintain the privacy of adjacent residential uses.

Reason for condition

To minimise adverse effects on nearby sensitive use to an acceptable level

ENV s3

The rear wall of the upper level beer garden, as shown in Figure 6.1 of the noise assessment by Alpha Acoustics (Rev 4A), must have absorptive lining installed prior to being used by the public. The absorptive lining must be installed from the base of the wall to the top of the wall and must incorporate a 100mm thick 14kg/m3  earthwool soundshield insulation behind a perforated mesh or timber lattice, or an alternative material that provides an equivalent degree of sound attenuation as advised by a suitably qualified and experienced acoustic engineer. The absorptive lining must be maintained for the life of the Hotel Industry use.

Reason for condition

To minimise adverse effects on nearby sensitive use to an acceptable level.

ENV s4

The number of patrons using the upper level beer garden must at no time exceed 50 people, and when the upper level beer garden is open to patrons, the total number of patrons using the outdoor beer garden areas (upper and lower) must at no time exceed 100 people.

Reason for condition

To minimise adverse effects on nearby sensitive use to an acceptable level.

ADVICE

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

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.

RIGHT OF WAY

Any private right of way on the site should not be reduced, restricted or impeded in any way, and all beneficiaries should have complete and unrestricted access at all times.

The property owner should inform themselves as to their rights and responsibilities in respect to the private right of way, particularly regarding reducing, restricting or impeding the right during and after construction.

NOISE REGULATIONS

In order to reduce the risk of noise nuisance from the venue, it is recommended that:

·        the ground level beer garden does not have amplified music louder than conversation (75 dB(C) maximum);

·        a noise limit of 100 dB(A) with a maximum noise level of 110 dB at 63 Hz is maintained for the internal venue;

·        rubbish is placed into the garbage skip bins (particularly glass bottles) during the daytime hours to minimise any potential noise during the night; and

·        deliveries are made to the venue during daytime hours to minimise any potential noise during the night.

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.

7.1.9   646A Sandy Bay Road, Sandy Bay - Alterations to Wash Down Bay

HARVEY

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 7 December 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations to wash down bay, at 646A Sandy Bay Road, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.1.9 of the Open City Planning Committee agenda of 14 December 2020 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­20­681 ­ 646A SANDY BAY ROAD SANDY BAY TAS 7005 ­ CPC Agenda Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG sw1

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

Advice :

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

Reason for condition

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

ENG 1

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

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

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

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

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

Reason for condition

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

ADVICE

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

8.1      Petition to Amend Sealed Plan 167721 - 7 Montrivale Rise

BEHRAKIS

That in accordance with section 104(3) Local Government Building Miscellaneous Provisions Act the Committee recommend to the Council that the amendment be made without modification.

MOTION LOST

VOTING RECORD

BRISCOE

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

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

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

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

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

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

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

BRISCOE

That the recommendation contained in the report of the Development Planner and the Director City Planning of 9 December 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

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

8.3      Petition - Ridgeway Rural Living Zone

BRISCOE

That the recommendation contained in the memorandum of the Director City Planning of 9 December 2020, be adopted, as amended to include an engagement process with the Ridgeway residents.

MOTION CARRIED

VOTING RECORD