Minutes (Open Portion)

City Planning Committee Meeting

Page 2

15/11/2021

Minutes (Open Portion)

City Planning Committee Meeting

Page 4

15/11/2021

HARVEY

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 1 November 2021, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Burnet

Briscoe

Harvey

Behrakis

Dutta

Coats

Minutes (Open Portion)

City Planning Committee Meeting

Page 27

15/11/2021

7.1.1   19 Morrison Street, Hobart - Partial Demolition, Alterations, Extension and Signage

COATS

That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 8 November 2021, be adopted, as amended by the addition of the following condition ENV s2:

“ENV s2

Prior to operation of the venue, a Noise Management Plan prepared by a suitable qualified acoustic engineer must be submitted and approved. The NMP must include measures to minimise and mitigate noise emissions from the venue so that environmental harm (as defined by the Environmental Management and Pollution Control Act 1994) is unlikely to be caused to the occupants of nearby noise sensitive uses (residential and visitor accommodation), or so that measures will be used to reduce the risk of environmental harm as far as reasonably practicable.

The NMP must be based on the findings of an approved Noise Impact Assessment which must:

·           be prepared by a suitably qualified acoustic engineer;

·           include noise modelling to estimate noise levels inside and outside of noise-sensitive uses that would be most affected by noise emissions from the venue; and

·           include reference to best-practice standards and guidelines including the Tasmanian Environment Protection Policy (Noise) 2009 and the Victorian Environment Protection Regulations 2021.

The NMP must, but is not limited to:

·           specify noise limits for background, amplified and non-amplified music from all levels of the premises;

·           include measures to ensure noise limits are complied with; and

·           include detailed noise complaint record-keeping and response protocols.

Reason for condition

To clarify the scope of the permit.”

AMENDMENT

BRISCOE

That condition PLN 6 be revised and an additional condition HER 17a be included, to replace condition HER 17c to read as follows:

“PLN 6

The hours of operation of the use when open to the public are:

• The rooftop: 12pm-11pm
• Ground & level 1: 12pm-1am

Reason for condition

To clarify the scope of the permit

Advice

It is noted that the ground floor of this venue also has existing use rights to operate beyond 1am.

HER 17a

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

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

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

Reason for condition

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

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Sullivans Cove Planning Scheme 1997, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for partial demolition, alterations, extension and signage at 19 Morrison Street, Hobart 7000 for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 15 November 2021 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­21­618­ 19 MORRISON STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 6

The hours of operation of the use when open to the public are:

• The rooftop: 12pm-11pm
• Ground & level 1: 12pm-1am

Reason for condition

To clarify the scope of the permit

Advice

It is noted that the ground floor of this venue also has existing use rights to operate beyond 1am.

ENV s2

Prior to operation of the venue, a Noise Management Plan prepared by a suitable qualified acoustic engineer must be submitted and approved.  The NMP must include measures to minimise and mitigate noise emissions from the venue so that environmental harm (as defined by the Environmental

Management and Pollution Control Act 1994) is unlikely to be caused to the occupants of nearby noise sensitive uses (residential and visitor accommodation), or so that measures will be used to reduce the risk of environmental harm as far as reasonably practicable.

The NMP must be based on the findings of an approved Noise Impact Assessment which must:

·         be prepared by a suitably qualified acoustic engineer;

·         include noise modelling to estimate noise levels inside and outside of noise-sensitive uses that would be most affected by noise emissions from the venue; and

·         include reference to best-practice standards and guidelines including the Tasmanian Environment Protection Policy (Noise) 2009 and the Victorian Environment Protection Regulations 2021.

The NMP must, but is not limited to:

·         specify noise limits for background, amplified and non-amplified music from all levels of the premises;

·         include measures to ensure noise limits are complied with; and

·         include detailed noise complaint record-keeping and response protocols.

Reason for condition

To clarify the scope of the permit.

HER 17a

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

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

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

Reason for condition

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

OPS 5

There is a Tilia platyphyllos Broad­leaved Lime street tree adjacent to 17 Morrison Street. This tree must not be damaged during the works. No excavation, placement of fill, storage of materials or soil disturbance is to occur underneath the tree. There must be no pruning, lopping or damage to the tree including its trunk and roots. Details of street tree protection measures must be clearly notated on any plans submitted to the Council under the Building Act 2016.

Reason for condition

To maintain the amenity value of the City's street trees as per the City of Hobart Street Tree Strategy.

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.

FEES AND CHARGES

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

7.2.1   1 Trumpeter Street, Battery Point - Partial Demolition, Alterations, and Extension

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 4 November 2021, be adopted.

MOTION LOST

VOTING RECORD

HARVEY

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, alterations, and extension, at 1 Trumpeter Street, Battery Point 7004 due to the extensive loss of internal heritage fabric described in the proposal.

MOTION LOST

VOTING RECORD

COMMITTEE RESOLUTION:

That in the absence of a recommendation from the City Planning Committee and in the event that an extension of time is not granted from the applicant the decision fall under the delegation of the Director City Planning.

Attachments

a    Susan Blackburn - Deputation Supporting Information - 1 Trumpeter Street ⇨  

7.2.2   72 Summerhill Road, West Hobart - Two Multiple Dwellings

PROCEDURAL MOTION

BEHRAKIS

That the item de deferred to allow further consultation with the applicant to address the current safety concerns with the proposal.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the item de deferred to allow further consultation with the applicant to address the current safety concerns with the proposal.

7.2.3   14 Quorn Street, Sandy Bay - Outbuilding

HARVEY

That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal Planner of 4 November 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for an outbuilding, at 14 Quorn Street, Sandy Bay 7005 for the reasons outlined in the officer’s report attached to item 7.2.3 of the Open City Planning Committee agenda of 15 November 2021and 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 PLN­21­623 ­ 14 QUORN STREET SANDY BAY TAS 7005 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2021/01764­HCC dated 20/10/2021 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

The proposed outbuilding has been assessed and approved for domestic purposes associated with the existing residential use of the site only and must not be used for residential occupation as a dwelling or for any commercial purposes without separate approval from Council.

Reason for condition

To clarify the scope of the permit.

ENG sw1

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

Advice:

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

Reason for condition

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

ENG 8

No car parking space(s) have been approved for use within the proposed outbuilding/garage, as part of this permit.

Reason for condition

In the interests of vehicle user safety and the amenity of the development.

ENG 1

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

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

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

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

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

Reason for condition

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

ENV 1

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

Advice:

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

Reason for condition

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

ADVICE

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

STORM WATER

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

FEES AND CHARGES

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

8.1      Proposal to Amend the Southern Tasmania Regional Land Use Strategy by Extending the Urban Growth Boundary at 52 Richardsons Road, Sandford

HARVEY

That the recommendation contained in the report of the Manager City Futures and the Director City Planning of 9 November 2021, be adopted.

MOTION LOST

VOTING RECORD

COATS

That the Council not have a position in relation to the proposal for an amendment to the Southern Tasmania Regional Land Use Strategy 2010-2035 to extend the Urban Growth Boundary to include approximately 12ha of the land at 52 Richardson Road, Sandford.

MOTION LOST

VOTING RECORD

COMMITTEE RESOLUTION:

That the matter be referred to the Council without recommendation.

8.2      Proposal to Amend the Growth Strategy for Orford in the Southern Tasmanian Regional Land Use Strategy

BEHRAKIS

That the Council not have a position on the Glamorgan Spring Bay Council’s proposal to amend the growth management strategy for Orford township under the Southern Regional Land Use Strategy 2010-2035.

MOTION LOST

VOTING RECORD

HARVEY

That the recommendation contained in the report of the Manager City Futures and the Director City Planning of 9 November 2021, be adopted.

MOTION LOST

VOTING RECORD

COMMITTEE RESOLUTION:

That the matter be referred to the Council without recommendation.

8.3      Monthly Planning Statistics - 1 October - 31 October 2021

HARVEY

That the recommendation contained in the memorandum of the Director City Planning of 8 November 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

During the period 1 October 2021 to 31 October 2021, 52 permits were issued to the value of $10,060,235 which included:

5 new single dwellings to the value of $1,045,135;

15 multiple dwellings to the value of $3,865,000;

15 extensions/alterations to dwellings to the value of $3,272,000;

8 extensions/alterations to commercial properties to the value of $2,944,000;

No major projects;

During the period 1 October 2020 to 31 October 2020, 61 permits were issued to the value of $9,955,300 which included:

5 new single dwellings to the value of $1,959,000;

8 multiple dwellings to the value of $2,087,000;

25 extensions/alterations to dwellings to the value of $4,002,600;

5 extensions/alterations to commercial properties to the value of $1,365,000;

No major projects;

In the twelve months ending October 2021, 796 permits were issued to the value of $277,021,108; and

In the twelve months ending October 2020, 824 permits were issued to the value of $286,152,172

8.4      Monthly Building Statistics - 1 October - 31 October 2021

HARVEY

That the recommendation contained in the report of the Director City Planning of 8 November 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

During the period 1 October 2021 to 31 October 2021, 54 permits were issued to the value of $14,021,962 which included:

(i)      32 for extensions/alterations to dwellings to the value of $5,012,962;

(ii)     5 new dwellings to the value of $2,450,000;

(iii)    No new multiple dwellings; and

(iv)    1 major project:

(a)     2 Cross Street, New Town - Demolition, Alterations & Additions - $2,500,000;

During the period 1 October 2020 to 31 October 2020, 64 permits were issued to the value of $17,445,605 which included:

(i)      28 for extensions/alterations to dwellings to the value of $5,848,450;

(ii)     6 new dwellings to the value of $3,091,000;

(iii)    No new multiple dwellings; and

(iv)    2 major projects:

(a)     1 Risdon Road, New Town - Commercial Internal Alterations - $3,292,985;

(b)     2 Cross Street, New Town - Demolition, Alteration and Additions - $1,700,000

In the twelve months ending October 2021, 622 permits were issued to the value of $248,610,548; and

In the twelve months ending October 2020, 647 permits were issued to the value of $234,637,825

8.5      Delegated Decision Report (Planning)

HARVEY

That the recommendation contained in the memorandum of the Director City Planning of 8 November 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

8.6      City Planning - Advertising Report

HARVEY

That the recommendation contained in the memorandum of the Director City Planning of 9 November 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

9.1      Councillor Dutta - Cable Car - Newspaper Article

Question:    Can the Director explain/clarify/advise if the comments attributed to Alderman Behrakis in the Mercury newspaper is true/correct in relation to the Cable Car development application processes?

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

9.2      Councillor Dutta - Cable Car - Deferral Motion

Question:    Can the Director advise that if the deferral motion proposed by Alderman Behrakis was approved by the Planning Authority and the applicant made amendments could this allow for the application to be re-advertised by Council and representations received, in other words “ the public would have been able to have a say”, as claimed by Alderman Behrakis?

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

9.3      Councillor Dutta - Development Application - Case Law

Question:    Can the Director advise if there is any case law which refers to amending an application for planning approval after it is lodged and if that DA can be re-advertised and public can have a say again?

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

9.4      Alderman Briscoe - Cable Car Proponent – Section 22 Amendment

Question:    Can the Director advise if the Council will be provided with a report on the merits or otherwise of the amendment proposed by the Mount Wellington Cable Car Company and will that report be provided to an Open Council meeting?

Answer:       The Director City Planning advised that a report will be provided to a Closed meeting of the Council due to matter being subject to a mediation process before RMPAT and the report is envisaged to be before Council prior to Christmas.

9.5      Councillor Coats - Property Sales and Acquisition

Question:    Can the Director advise if the Council does any community education around the buying and selling of properties within the real estate market and the particular requirements set out in the various planning, development and heritage codes. Do we engage at all with the real estate industry?

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