City
of hobart
MINUTES
City Planning Committee Meeting
Open Portion
Monday, 17 August 2020 at 5:00pm
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Minutes (Open Portion) City Planning Committee Meeting |
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17/8/2020 |
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APOLOGIES AND LEAVE OF ABSENCE
1. Co-Option of a Committee Member in the event of a vacancy
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6. Planning Authority Items - Consideration of Items with Deputations
7. Committee Acting as Planning Authority
7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.1 8a Kennerley Street, 8 Kennerley Street and 8 Mellifont Street, West Hobart
7.1.4 73 View Street, Sandy Bay - Demolition (Chimney)
8.1 Monthly Building Statistics - 1 July - 31 July 2020.
8.2 Delegated Decisions Report (Planning)
8.3 City Planning - Advertising Report
9. Committee Action Status Report
9.1 Committee Actions - Status Report
10. Responses to Questions without Notice
12. Closed Portion of the Meeting
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Minutes (Open Portion) City Planning Committee Meeting |
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17/08/2020 |
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City Planning Committee Meeting (Open Portion) held on Monday, 17 August 2020 at 5:00 pm.
This meeting of the City Planning Committee is held in accordance with a Notice issued by the Premier on 3 April 2020 under section 18 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020.
COMMITTEE MEMBERS Deputy Lord Mayor Burnet (Chairman) Briscoe Harvey Behrakis Dutta Coats
PRESENT: The Deputy Lord Mayor Councillor H Burnet (Chairman), Alderman J R Briscoe, Councillor W F Harvey, Alderman S Behrakis, Councillors M Dutta, W Coats, the Lord Mayor Councillor A M Reynolds and Councillor Z Sherlock.
APOLOGIES: Nil.
LEAVE OF ABSENCE: Nil.
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NON-MEMBERS Lord Mayor Reynolds Zucco Sexton Thomas Ewin Sherlock
Alderman Behrakis left the meeting at 7.09pm, returning at 7.10pm, left the meeting at 7.30pm, returning at 7.40pm, left the meeting at 8.22pm, returning at 8.23pm.
Councillor Dutta left the meeting at 5.36pm, returning at 5.40pm, left the meeting at 6.10pm, returning at 6.11pm, left the meeting at 7.44pm, returning at 7.45pm, left the meeting at 8.46pm, returning at 8.47pm.
The Lord Mayor left the meeting at 5.16pm, returning at 5.17pm, left the meeting at 5.28pm, returning at 7.33pm, left the meeting at 7.35pm, returning at 8.20pm, left the meeting at 8.28pm, returning at 8.59pm, left the meeting at 9.04pm, returning at 9.13pm and retired from the meeting at 9.13pm.
Councillor Sherlock left the meeting at 7.34pm, returning at 7.35pm and retired from the meeting at 8.51pm.
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No Elected Members were co-opted to the Committee.
DUTTA
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The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 3 August 2020, be confirmed as an accurate record. |
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MOTION CARRIED VOTING RECORD
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The minutes were signed.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.
No supplementary items were received.
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Members of the Committee are requested to indicate where they may have any pecuniary or conflicts of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.
No interest was indicated.
Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.
A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.
In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.
Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?
No items were transferred.
In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the General Manager is to arrange the agenda so that the planning authority items are sequential.
In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.
Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.
BRISCOE
That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.
MOTION CARRIED
VOTING RECORD
AYES |
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Deputy Lord Mayor Burnet |
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Briscoe |
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Harvey |
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Behrakis |
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Dutta |
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Coats |
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Minutes (Open Portion) City Planning Committee Meeting |
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17/08/2020 |
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In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.
In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.
The Committee is reminded that in order to comply with Regulation 25(2), the General Manager is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.
7.1 Applications under the Hobart Interim Planning Scheme 2015
Mr Chris Groves (Representor), Ms Irene Duckett and Mr Wayne Daniel (Applicant) addressed the Committee in relation to item 7.1.1.
Delegation: Committee
Item 7.1.5 was then taken
Ms Danielle Gray, Mr Chris Clinton, Ms Vicki Tabor, Mr David Reilly, Ms Linda Pearn (Representors), Ms Irene Duckett, Mr Matthew Raven, Mr Geoff Schaedel, Mr Andrew Petering, Mr Josh Petterwood and Dr Paul McCartney (Applicant) addressed the Committee in relation to item 7.1.2.
7.1.2 48-50 New Town Road and 52 New Town Road and 7A Clare Street and 46 New Town Road, New Town and Adjacent Road Reserve - Demolition, New Building for Hospital Services, Business and Professional Services, and General Retail and Hire, Signage, and Associated Infrastructure Works |
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DUTTA |
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That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner Planning of 5 August 2020, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for demolition, new building for hospital services, business and professional services, and general retail and hire, signage, and associated infrastructure works at 4850 New Town Road and 52 New Town Road and 7A Clare Street and 46 New Town Road, New Town and adjacent road reserve for the following reasons:
1. The proposal does not meet the acceptable solution, the performance criterion or the objective of clause 15.4.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the proposed building height: is not compatible with the scale of nearby buildings; does not offer an appropriate transition in height between adjoining buildings; does not contribute positively to the streetscape; and will result in unreasonable impact on residential amenity of land in the Inner Residential Zone.
2. The proposal does not meet the acceptable solution, the performance criterion or the objective of clause 15.4.1 A2 and P2 of the Hobart Interim Planning Scheme 2015 because the proposed building height within 10m of the Inner Residential Zone is not compatible with the building height of existing buildings on adjoining lots in the Inner Residential Zone; and will result in unreasonable impact on residential amenity of land in the Inner Residential Zone.
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a. David Reilly - 48 New Town Road - Presentation Slides ⇨ b. Irene Duckett - 48 New Town Road - Presentation Slides ⇨ |
Delegation: Council
Item 8.1 was then taken.
Ms Lindal McDonald (Representor), Ms Sarah Lindsay and Ms Irene Duckett (Applicant) addressed the Committee in relation to item 7.1.3
7.1.3 36 Federal Street, North Hobart and Adjacent Road Reserve - Demolition and Two Multiple Dwellings |
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BEHRAKIS |
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That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 27 July 2020, be adopted, as amended by the inclusion of the following advice clause: “ADVICE The applicant is encouraged to have early discussions with the owner of the property at 39–41 Feltham Street in relation to any boundary excavations that may impact on structures on this adjacent property.” |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and two multiple dwellings at 36 Federal Street NORTH HOBART for the reasons outlined in the officer’s report attached to item 7.1.3 of the Open City Planning Committee agenda of 17 August 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 PLN20237 36 FEDERAL STREET NORTH 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 2020/00526HCC dated 1 May 2020 as attached to the permit.
Reason for condition
To clarify the scope of the permit.
PLN 15a
A demolition waste management plan must be implemented throughout demolition. The demolition waste management plan must include provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.
Advice:
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 can also be found on the Council’s website.
Reason for condition
To ensure that solid waste management from the site meets the Council’s requirements and standards
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 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 13
The bin storage(s) and wall(s) at Feltham Street front boundary must have a maximum height of 1.2m above the vehicle access pavement level (at the property boundary) for a minimum distance of 2m either side of the access to allow adequate sight distance between user vehicles, cyclists and pedestrians.
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 any approval under the Building Act 2016 (excluding for demolition), the proposed driveway crossovers to the Feltham Street highway reservation must be designed and constructed in general accordance with:
· Urban TSDR09v2 – Urban Roads Driveways and TSD R14v2 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. Show the long section of the footpath along the kerb and the property boundary for the full frontage including any works required to match levels of adjoining properties. 3. Detail any services or infrastructure (ie light poles, pits, awnings) at or near the work. 4. Show swept path templates in accordance with AS/NZS 2890.1 2004(B85 or B99 depending on use, design template). 5. 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 cars underside. 6. Show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1 2004. 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]). 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 works will comply with the Council’s standard requirements.
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.
ADVICE The applicant is encouraged to have early discussions with the owner of the property at 39–41 Feltham Street in relation to any boundary excavations that may impact on structures on this adjacent property.
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.
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.
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Delegation: Committee
Item 7.1.2 was then taken.
Ms Bebe Brown, Mr Shane Mann (Applicant) and Mr John McCambridge (Representor) addressed the Committee in relation to item 7.1.4.
HARVEY
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition (chimney) at 73 View Street, Sandy Bay on the basis that the proposal meets the requirements of the Scheme, in particular clause E13.8.1 P1, and a permit containing the following condition be issued:
GEN
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MOTION CARRIED
VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition (chimney) at 73 View Street, Sandy Bay on the basis that the proposal meets the requirements of the Scheme, in particular clause E13.8.1 P1, and a permit containing the following condition be issued: GEN
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Delegation: Council
Item 7.1.3 was then taken.
Mr Matthew Gillie (Representor) and Ms Emma Riley (Applicant) addressed the Committee in relation to item 7.1.5.
7.1.5 27 Lefroy Street, 29 Lefroy Street, North Hobart and Adjacent Road Reserve - New Development of Eight Multiple Dwellings, Business and Professional Services, Food Services and General Retail and Hire, Signage and Associated Works in the Road Reservation |
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BEHRAKIS |
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That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 11 August 2020, be adopted as amended by the inclusion of an additional condition ENG s1 and the following advice clause:
“ENG s1 Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), an inundation risk management plan and associated calculations must be prepared by a suitably qualified engineer in accordance with the best practice guidelines. The inundation risk management plan must be submitted to the Council and approved. The plan must include the following: 1.
The risk of inundation of
the site, proposed buildings and building floor levels (based on a predicted
1% annual exceedance probability flood event for the year 2100 including
consideration of climate change (30% increase in rainfall intensity)).
Clearly state the vertical clearance between the proposed finished floor
level of any habitable rooms (and access to these) and the flood level. All
floor levels must be 300mm above the resultant 1% AEP at 2100 (including
climate change). 2.
The impact of the proposed
development upon the risk of inundation of other land, buildings and infrastructure
(including frequency, extent, depth and velocity). 3.
Any inundation control
measures or design features proposed to be employed to reduce the risk, and
the resultant level of risk. 4.
How any proposed
infrastructure and techniques will ensure the net discharge of stormwater and
the rate of stormwater discharge does not exceed pre-development
levels. 5. Evidence from a suitably qualified person that proposed building or works will be designed and constructed to resist hydrostatic and hydrodynamic forces as a result of inundation.
6. That all structures within the flood zone will be inspected by a registered surveyor. Certification from a registered surveyor that the finished floor levels and the top of any flood wall are at or above the relevant minimum levels shown on the approved building plans must be provided prior to issue of any occupancy/completion certificate (whichever occurs first).
ADVICE The applicant is encouraged to use their best endeavours while carrying out the approved development, to avoid direct damage to the root system of the trees at the rear of 36 Strahan Street.” |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee approve the application for new development for eight multiple dwellings, business and professional services, food services and general retail and hire, signage and associated works in the road reservation at 27 Lefroy Street and 29 Lefroy Street, North Hobart for the reasons outlined in the officer’s report attached to item 7.1.5 of the Open City Planning Committee agenda of 17 August 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 PLN19896 27 LEFROY STREET NORTH 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 2020/00140HCC dated 20/02/2020 as attached to the permit.
Reason for condition
To clarify the scope of the permit.
PLN 1
Obscure glazing to a height of 1500mm above finished floor level must be installed and maintained on the central bedroom window on the northwest elevation of Unit 4 and Unit 8.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing glazing 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 provide reasonable opportunity for privacy for dwellings.
PLN 2
Screening must be installed and maintained prior to occupation as follows:
For the deck of Unit 3: no more than 25% uniform transparency, a minimum height of 1700mm above finished floor level, and for a length of the 3430mm of the northwest elevation.
For the deck of Unit 7: no more than 25% uniform transparency, a minimum height of 1500mm above finished floor level, and for a length of the 3430mm of the northwest elevation.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing screening 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 provide reasonable opportunity for privacy for dwellings.
PLN 17
The security lighting must operate in accordance with Australian Standard AS4282 Control of the obtrusive effects of outdoor lighting.
Reason for condition
To ensure that the nonresidential use does not unreasonably impact residential amenity.
PLN 6
The approved hours of operation for the commercial tenancy are:
6.00 am to 10.00 pm Mondays to Saturdays inclusive; and 7.00 am to 9.00 pm Sundays and Public Holidays.
except for office and administrative tasks.
Advice:
The planning scheme defines hours of operation as means the hours that a business is open to the public or conducting activities related to the business, not including routine activities normally associated with opening and closing for business.
Reason for condition
To ensure that nonresidential use does not unreasonably impact on residential amenity
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 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 showing both existing and proposed services 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 be checked and certified by a qualified and experienced engineer, and include:
1. The location of the proposed connection and all existing connections; 2. The size and design of the connection(s) such that they are appropriate to safely service the development given the limited receiving capacity of Council infrastructure; and
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’s 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’s 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 sw7
Stormwater pretreatment and detention for stormwater discharges from the development must be installed prior to issue of a certificate of completion.
A stormwater management report and design must be submitted and approved, prior to issue of any consent under the Building Act 2016 or construction. The stormwater management report and design must:
1. Be prepared by a suitably qualified engineer. 2. Include detailed design of the proposed treatment train, including final estimations of contaminant removal.
3. Include detailed design and supporting calculations of the detention tank, sized such that there is no increase in flows from the developed site up to 5% AEP storm events and such that flows are limited to the receiving capacity of the kerb and gutter. All assumptions must be clearly stated. 4. Include design drawings of the detention tank showing the layout, the inlet and outlet (including long section), the overflow mechanism. 5. Include supporting maintenance plan. 6. Include a Stormwater Management Summary Plan that outlines the obligation for future property owners to storm water management.
All work required by this condition must be undertaken and maintained in accordance with the approved stormwater management report and design.
Advice:
Once the stormwater management report and design has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement)
Reason for condition
To avoid the possible pollution of drainage systems and natural watercourses, to comply with relevant State legislation, and to ensure the development’s stormwater system takes into account limited receiving capacity of Council’s infrastructure.
ENG 13
An ongoing waste management plan for all commercial waste, domestic waste and recycling/compost bins must be implemented post construction.
A detailed waste management plan must be submitted and approved, prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), to the satisfaction of the Council's Director City Planning. The waste management plan must:
1. Include details for the handling of waste (i.e. placement of bins on collection day) within Council's highway reservation. 2. Include details of the quantity and type/size of bins.
All work required by this condition must be undertaken in accordance with the approved waste management plan.
Advice:
Council notes that a development of this size would require an allocation in excess of twenty four (24x) bins, given the limited available street frontage alternate provisions must be arranged with the Council.
Should you have any queries in relation to formulating a solid waste management plan Council staff can assist with the development of a waste management plan outlining Council's requirements. Please contact the Council’s Customer Liaison Officer, on Phone 6278 0273.
Once the waste management plan has been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure that solid waste management from the site meets the Council’s requirements and standards.
ENG 3a
The access driveway, circulation roadways 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 3c
The access driveway and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the ALDANMARK Consulting Engineers documentation received by the Council on the 17th April 2020.
Prior to the first occupation, documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the above drawings must be lodged with Council.
Advice:
Certification may be submitted to Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement).
Reason for condition
To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
ENG 4
The access driveway and parking module (car parking spaces, aisles and manoeuvring area) approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) and surface drained to the Council's stormwater infrastructure prior to the first occupation.
Reason for condition
To ensure the safety of users of the access driveway and parking module, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.
ENG 5
The number of car parking spaces approved on the site, for use is eleven (11). Of these:
1. One (1) parking space must be designated for people with disabilities (in accordance with AS2890.6:2009). 2. A minimum of one (1) car parking space must be allocated to each dwelling. 3. The remaining car parking spaces must be allocated to the residential occupation/use of the building.
All parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1 2004, prior to first occupation.
Reason for condition
To ensure the provision of parking for the use is safe and efficient.
ENG 9
All car parking spaces for people with disabilities must be delineated to Australian/NZS Standard, Parking facilities Part 6: Offstreet parking for people with disabilities AS/NZS 2890.6: 2009, prior to the commencement of the use.
Reason for condition
In the interests of vehicle user safety and the amenity of the development.
ENG 11
Prior to the first occupation, the proposed crossover within the Lefroy Street highway reservation must be designed and constructed in general accordance with:
1. LGAT Standard Drawing Urban TSDR09v1 – Urban Roads Driveways and TSD R14v1 Type KC vehicular crossing; and 2. LGAT Standard Drawing Footpath Urban Roads Footpaths TSDR11 v1.
Advice:
Local Government Association (LGAT) Tasmanian Standard Drawings (TSD) can be viewed electronically via the LGAT Website.
It is advised that designers consider the detailed design of the crossover, 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.
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.
Please contact Council City Amenity Division to discuss approval of alternate designs. Based on a site specific assessment, Council City Amenity Division’s Road Engineer may permit extending nonapproved concrete slab crossover, and where nonstandard kerb and channel exists a concrete plinth to Council standards may be permitted for construction at the gutter.
You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.
Reason for condition
In the interests of vehicle user safety and the amenity of the development.
ENG 12
Prior to first occupation, the existing section of redundant crossover must be reinstated to footpath, kerb and gutter within the Lefroy Street highway reservation in accordance with the VIOTO documentation received by the Council on the 17th April 2020 and constructed substantially in accordance with:
1. LGAT Standard Drawing TSD R11v2 Urban Roads Footpaths ASPHALT; and 2. LGAT Standard Drawing TSD R14v2 Approved Concrete Kerbs and Channels Profile Dimensions.
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.
ENG s1 Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), an inundation risk management plan and associated calculations must be prepared by a suitably qualified engineer in accordance with the best practice guidelines. The inundation risk management plan must be submitted to the Council and approved. The plan must include the following: 1.
The risk of inundation of
the site, proposed buildings and building floor levels (based on a predicted
1% annual exceedance probability flood event for the year 2100 including consideration
of climate change (30% increase in rainfall intensity)). Clearly state the
vertical clearance between the proposed finished floor level of any habitable
rooms (and access to these) and the flood level. All floor levels must
be 300mm above the resultant 1% AEP at 2100 (including climate change). 2.
The impact of the proposed
development upon the risk of inundation of other land, buildings and
infrastructure (including frequency, extent, depth and velocity). 3.
Any inundation control
measures or design features proposed to be employed to reduce the risk, and
the resultant level of risk. 4.
How any proposed
infrastructure and techniques will ensure the net discharge of stormwater and
the rate of stormwater discharge does not exceed pre-development levels. 5.
Evidence from a suitably
qualified person that proposed building or works will be designed and
constructed to resist hydrostatic and hydrodynamic forces as a result of
inundation. 6. That all structures within the flood zone will be inspected by a registered surveyor. Certification from a registered surveyor that the finished floor levels and the top of any flood wall are at or above the relevant minimum levels shown on the approved building plans must be provided prior to issue of any occupancy/completion certificate (whichever occurs first).
ENG s2
The bicycle parking spaces onsite must be integrated into the car park design and must be in a location that is accessible by all cyclists.
A bicycle parking design must be submitted and approved, prior to the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first).
The bicycle parking design must:
1. Be prepared and certified by a suitably qualified person; 2. Be in accordance with the Australian Standard AS/NZS2890.3:2015; 3. Where the design deviates from AS/NZS2890.3:2015 a suitably qualified engineer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use; and 4. Show dimensions and other details as Council deem necessary to satisfy the above requirement.
All work required by this condition must be undertaken in accordance with the approved bicycle parking design.
Advice:
Council notes the significant car parking shortfall onsite and would expect the bicycle parking numbers (facility) to exceed the requirements of the Planning Scheme.
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 safe and efficient parking adequate to provide for the use.
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.
OPS s1
The existing street tree closest to the development in Lefroy Street must not be damaged in any way before, during or after the works. No vehicular access, excavation or ground disturbance, placement of fill, storage of materials or soil disturbance is to occur within 3.4 m of the centre of the trunk. There must be no pruning, lopping or damage to the street tree (including its trunk and roots).
Reason for condition
Protection of City street trees as per the City of Hobart Street Tree Strategy
SURV 8
The applicant, at no cost to the Council, must have prepared, entered into, and have registered at the Land Titles Office, a deed pursuant to Section 75CA of the Conveyancing and Law of Property Act 1884 for the landscaped concrete podium on the first floor that encroaches over Lefroy Street, prior to the issue of a completion certificate.
Advice:
A Section 75CA Conveyancing & Law of Property Act 1884 certificate for the occupation of a Highway requires that the encroachment is a minimum 2.40 metres above the footpath or 4.25 metres above the road carriageway. A 600mm set back from the back of kerb may also be required.
The applicant must prepare and forward the required instrument pursuant to section 75CA Conveyancing & Law of Property Act 1884, including a survey plan of the encroachment (certified by a registered surveyor), the associated $230 Council application fee and the Land Titles Office registration fee, to the Council for execution and subsequent registration within the Land Titles Office.
Reason for condition
To ensure that the proposed building encroachment over Lefroy Street is formalised in accordance with statutory provisions.
SUB s1
The titles comprising the development site (CT 226515/1 and CT 223779/1) are to be adhered in accordance with the provisions of section 110 of the Local Government (Building and Miscellaneous Provisions) Act 1993, to the satisfaction of the Council prior to the issue of any building consent, building permit (including demolition) and / or plumbing permit pursuant to the Building Act 2016 (if applicable), or the commencement of works on site (whichever occurs first).
Advice:
The application for an adhesion order to the Council has a fee of $230. Evidence will be required that the owners and mortgagees do not object to the adhesion and the condition is considered completed when a copy of the engrossed receipt of the Land Titles Office lodgement slip for the adhesion order has been received by the Council.
Reason for condition
To ensure compliance with statutory provisions
ADVICE
The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
CONDITION ENDORSEMENT ENGINEERING
All engineering drawings required to be submitted and approved by this planning permit must be submitted to the City of Hobart as a CEP (Condition Endorsement) via the City’s Online Service Development Portal. When lodging a CEP, please reference the PLN number of the associated Planning Application. Each CEP must also include an estimation of the cost of works shown on the submitted engineering drawings. Once that estimation has been confirmed by the City’s Engineer, the following fees are payable for each CEP submitted and must be paid prior to the City of Hobart commencing assessment of the engineering drawings in each CEP:
Value of Building Works Approved by Planning Permit Fee: Up to $20,000: $150 per application. Over $20,000: 2% of the value of the works as assessed by the City's Engineer per assessment.
These fees are additional to building and plumbing fees charged under the Building and Plumbing Regulations.
Once the CEP is lodged via the Online Service Development Portal, if the value of building works approved by your planning permit is over $20,000, please contact the City’s Development Engineer on 6238 2715 to confirm the estimation of the cost of works shown on the submitted engineering drawings has been accepted.
Once confirmed, pleased call one of the City’s Customer Service Officers on 6238 2190 to make payment, quoting the reference number (ie. CEP number) of the Condition Endorsement you have lodged. Once payment is made, your engineering drawings will be assessed.
BUILDING PERMIT
You may need building approval in accordance with the Building Act 2016. Click here for more information.
This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.
PLUMBING PERMIT
You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.
OCCUPATION OF THE PUBLIC HIGHWAY
You may require a permit for the occupation of the public highway for construction or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.
You may require a road closure permit for construction. Click here for more information.
You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.
GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS
You may qualify for a General Exemption permit for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.
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.
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.
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.
RESIDENTIAL PARKING PERMITS
You are advised that multiple dwelling use is not eligible for residential parking permits. Under the current policy for the issuing of residential parking permits, the proposed use would not entitle dwelling owners/occupiers to a residential parking permit. ADVICE The applicant is encouraged to use their best endeavours while carrying out the approved development, to avoid direct damage to the root system of the trees at the rear of 36 Strahan Street.
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Delegation: Committee
Item 7.1.4 was then taken.
8. Reports
BRISCOE |
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That the recommendation contained in the report of the Director City Planning of 10 August 2020, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the report of the Director City Planning be received and noted: 1. During the period 1 July 2020 to 31 July 2020, 57 permits were issued to the value of $18,938,311 which included: (i) 17 for Extensions/Alterations to Dwellings to the value of $3,050,575;
(ii) 16 New Dwellings to the value of $6,565,565; and
(iii) 3 Major Projects:
a) 15 Gourlay Street, West Hobart - Commercial Extension - $4,000,000; b) 30 Bathurst Street. Hobart - Commercial Internal Alterations - $2,000,000; c) 6 Midwood Street, New Town - New Commercial Buildings and Associated Civil Works, Stage 1 - $1,069,160 2. During the period 1 July 2019 to 31July 2019, 62 permits were issued to the value of $15,677,986 which included: (i) 32 for Extensions/Alterations to Dwellings to the value of $3,808,860;
(ii) 7 New Dwellings to the value of $1,490,000; and
(iii) 2 Major Projects:
a) 155-165 Argyle Street, Hobart - Alterations and Additions (Car Storage and Apartments) - $3,500,000; b) 410 Sandy Bay Road (Wrest Point Casino), Sandy Bay - Alterations (Stage 2 Floors 6-8) - $2,500,000
3. In the twelve months ending 31 July 2020, 615 permits were issued to the value of $226,858,115; and
4. In the twelve months ending 31 July 2019, 639 permits were issued to the value of $370,999,768.
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Delegation: Council
DUTTA |
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That the recommendation contained in the memorandum of the Director City Planning of 10 August 2020, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the memorandum Delegated Decision Report (Planning) be received and noted.
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Delegation: Committee
BRISCOE
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That the recommendation contained in the memorandum of the Director City Planning of 11 August 2020, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the memorandum City Planning - Advertising Report be received and noted.
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Delegation: Committee
9. Committee Action Status Report
COATS |
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That the recommendation contained in the report of the Director City Planning of 12 August 2020, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information be received and noted.
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Delegation: Committee
Regulation 29(3) Local Government
(Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
10.1 Commercial Developments - Carbon Neutral Requirement - Planning Scheme Amendments
File Ref: F20/62788; 13-1-10
Memorandum of the Director City Planning of 5 August 2020.
10.2 Cable Car - Budget Provision
File Ref: F20/73418; 13-1-10
Memorandum of the Director City Planning of 5 August 2020.
10.3 Multiple Dwellings - Completion Rates
File Ref: F20/73426; 13-1-10
Memorandum of the Director City Planning of 10 August 2020.
10.4 Wood Smoke - Pollution
File Ref: F20/78229; 13-1-10
Memorandum of the Director City Planning of 5 August 2020.
10.5 Building Heights - Precinct Plan
File Ref: F20/83423; 13-1-10
Memorandum of the Director City Planning of 12 August 2020.
BRISCOE
MOTION CARRIED VOTING RECORD
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Delegation: Committee
Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
11.1 Councillor Harvey - Protection of Chimneys File Ref: 13-1-10 |
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Question: Can the Director advise how stringent the guidelines are for the protection and security of chimneys on heritage listed sites or within heritage precincts. What further changes to the planning scheme maybe necessary to provide greater protection for such chimneys? Answer: The Director City Planning took the question on notice.
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11.2 Deputy Lord Mayor Burnet - Parking Conditions File Ref: 13-1-10 |
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Question: Can the Director advise on the possibility of having shared cars and creating shared car zones in medium density areas such as North Hobart? Answer: The Director City Planning took the question on notice.
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11.3 Councillor Harvey - Collection of Litter - Fast Food Outlets File Ref: 13-1-10 |
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Question: Can the Director advise if there are planning conditions that require some fast food outlets to collect rubbish within their immediate vicinity and are they being complied with? Answer: The Director City Planning took the question on notice.
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DUTTA |
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That the Committee resolve by majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:
· Planning Appeal – Mediation
The following items were discussed:-
Item No. 1 Minutes of the last meeting of the Closed Portion of the Committee Meeting Item No. 2 Consideration of supplementary items to the agenda Item No. 3 Indications of pecuniary and conflicts of interest Item No. 4 Planning Authority Items – Consideration of Items with Deputations Item No. 5 City Acting as Planning Authority Item No. 5.1 Applications under the Hobart Interim Planning Scheme 2015 Item No. 5.1.1 PLN-19-3 - 190 Macquarie Street, Hobart and Adjacent Road Reserve - Demolition and New Building for Four Multiple Dwellings and Works in Road Reserve - Appeal - Mediation LG(MP)R 15(4)(a) Item No. 6 Questions Without Notice
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MOTION CARRIED VOTING RECORD
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Delegation: Committee
The Chairman adjourned the meeting at 7.02 pm for a comfort break.
The meeting was reconvened at 7.07 pm.
Item 7.1.2 was then taken.
The Chairman adjourned the meeting at 9.20 pm for a comfort break.
The meeting was reconvened at 9.26 pm.
Item 8.1 was then taken.
There being no further business the Open portion of the meeting closed at 9.33pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
31st DAY OF AUGUST 2020.
CHAIRMAN