City
of hobart
MINUTES
City Planning Committee Meeting
Open Portion
Monday, 18 October 2021 at 5:00pm
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Minutes (Open Portion) City Planning Committee Meeting |
Page 3 |
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18/10/2021 |
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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 Sullivans Cove Planning Scheme 1997
7.1.1 Kennedy Lane, Battery Point, Woobys Lane, Battery Point - Signage
7.2 Applications under the Hobart Interim Planning Scheme 2015
7.2.1 26 Newdegate Street, North Hobart - Partial Demolition, Alterations and Extension
7.2.2 29 Athleen Avenue, Lenah Valley - Two Multiple Dwellings (One Existing, One New)
8.1 Petition to Rezone 21, 21B and Part of 21A Enterprise Road, Sandy Bay
8.2 Central Hobart Precincts Plan Discussion Paper
8.3 Tasmanian Planning Policies - Feedback on Scoping Paper
8.4 Sustainable Building Program
8.5 Monthly Building Statistics - 1 September - 30 September 2021
8.6 Monthly Planning Statistics - 1 September 2021 - 30 September 2021
8.7 Delegated Decision Report (Planning)
8.8 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 |
Page 4 |
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18/10/2021 |
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City Planning Committee Meeting (Open Portion) held on Monday, 18 October 2021 at 5:00 pm via Zoom.
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.
The title Chief Executive Officer is a term of reference for the General Manager as appointed by Council pursuant s.61 of the Local Government Act 1993 (Tas).
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 and the Lord Mayor Councillor A M Reynolds.
APOLOGIES: Nil.
LEAVE OF ABSENCE: Nil.
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NON-MEMBERS Lord Mayor Reynolds Zucco Sexton Thomas Fox Sherlock
Councillor Harvey left the meeting at 5.04pm, returning at 5.09pm.
The Lord Mayor arrived at the meeting at 6.29pm and retired from the meeting at 6.48pm.
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No Elected Members were co-opted to the Committee.
BEHRAKIS
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The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 4 October 2021, 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 Chief Executive Officer.
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 Chief Executive Officer 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.
HARVEY
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 |
NOES |
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 |
Page 21 |
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18/10/2021 |
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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 Chief Executive Officer 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.
Item 7.2.1 was then taken.
7.1 Applications under the Sullivans Cove Planning Scheme 1997
Delegation: Committee
Item 7.2.2 was then taken
7.2 Applications under the Hobart Interim Planning Scheme 2015
Mr David Campbell (Applicant) addressed the meeting in relation to item 7.2.1.
7.2.1 26 Newdegate Street, North Hobart - Partial Demolition, Alterations and Extension |
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PROCEDURAL MOTION DUTTA
That the item be deferred to allow further discussion with the applicant in order to ascertain if a revised proposal would be possible.
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MOTION LOST VOTING RECORD
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HARVEY
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That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 12 October 2021, be adopted. |
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MOTION LOST VOTING RECORD
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COATS
That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and extension at 26 Newdegate Street, North Hobart 7000, as it satisfies the heritage provisions of the Hobart Interim Planning Scheme 2015 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 PLN21457 26 Newdegate Street North Hobart TAS 7000 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 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 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 re vegetated.
Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.
Reason for condition
To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.
HER 17a
The palette of exterior colours, materials and finishes must reflect the palette of colours, materials and finishes within the local streetscape, precinct and heritage listed house.
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 in accordance with the above requirement.
All work required by this condition must be undertaken in accordance with the approved plans.
Advice: This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.
Reason for condition
To ensure that development at a heritage place and heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.
Advice – Tree
The owner of this property is encouraged to take all practicable steps to protect the substantial tree at the rear of the property, including identifying a suitable Tree Protection Zone and adhering to best practice construction methods for the protection of trees, which will ensure that the tree and the roots are not damaged during the constructions phase of this 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.
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.
DIAL BEFORE YOU DIG
Click here for dial before you dig information.
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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 partial demolition, alterations and extension at 26 Newdegate Street, North Hobart 7000, as it satisfies the heritage provisions of the Hobart Interim Planning Scheme 2015 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 PLN21457 26 Newdegate Street North Hobart TAS 7000 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 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 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 re vegetated.
Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.
Reason for condition
To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.
HER 17a
The palette of exterior colours, materials and finishes must reflect the palette of colours, materials and finishes within the local streetscape, precinct and heritage listed house.
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 in accordance with the above requirement.
All work required by this condition must be undertaken in accordance with the approved plans.
Advice: This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.
Reason for condition
To ensure that development at a heritage place and heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.
Advice – Tree
The owner of this property is encouraged to take all practicable steps to protect the substantial tree at the rear of the property, including identifying a suitable Tree Protection Zone and adhering to best practice construction methods for the protection of trees, which will ensure that the tree and the roots are not damaged during the constructions phase of this 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.
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.
DIAL BEFORE YOU DIG
Click here for dial before you dig information.
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Delegation: Council
Item 7.2.3 was then taken.
7.2.2 29 Athleen Avenue, Lenah Valley - Two Multiple Dwellings (One Existing, One New) |
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COATS
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That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 11 October 2021, 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 City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for two multiple dwellings (one existing, one new) at 29 Athleen Avenue, Lenah Valley 7008, for the reasons outlined in the officer’s report attached to item 7.2.2 of the Open City Planning Committee agenda of 18 October 2021 and a permit containing the following conditions be issued:
GEN
The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN2120929 ATHLEEN AVENUE LENAH VALLEY TAS 7008 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
TW
The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2021/00565HCC dated 27/04/2021 as attached to the permit.
Reason for condition
To clarify the scope of the permit.
PLN 4
Vegetation screening with a minimum height of 1.7m (at the time of planting) must be planted along the northwestern edge of the landscaping area adjoining the car parking area of CP1/CP2 prior to first occupation. The vegetation must be maintained, and replacement vegetation must be planted if any is lost.
Reason for condition
To provide additional screening/privacy to adjoining properties.
PLN s3
Prior to first occupation, the car parking area of CP1/CP2 must be screened.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing:
1. Screening to a height of 1.7m above the surface level, with no more than 25% uniform transparency, to be installed on top of the vehicle barrier of the car parking area of CP1/CP2 along the northwestern edge and maintained.
All work required by this condition must be undertaken in accordance with the approved revised plans.
Advice:
This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.
Reason for condition
In the interest of privacy.
PLN s4
Prior to first occupation, the deck must be screened.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing:
1. Screening to a height of 1.7m above the surface level, with no more than 25% uniform transparency, to be installed and maintained along the northwestern edge of the deck for the section within 4m of the boundary.
All work required by this condition must be undertaken in accordance with the approved revised plans.
Advice:
This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.
Reason for condition
In the interest of privacy.
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 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 the circulation roadway(s) (domestic driveway) and 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 2c
Prior to first occupation or commencement of use (whichever occurs first), 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/NZS 1170.1:2002.
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 or commencement of use (whichever occurs first), the circulation roadway(s) (domestic driveway) and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS 2890.1:2004 (including the requirement for vehicle safety barriers where required), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.
Advice:
It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.
Reason for condition
To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
ENG 3c
The circulation roadway(s) (domestic driveway) and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with design drawings approved under Planning Permit PLN21209.
Prior to first occupation or commencement of use (whichever occurs first), documentation by a suitably qualified engineer, certifying that the circulation roadway(s) (domestic driveway) and parking module (parking spaces, aisles and manoeuvring area) has been constructed in accordance with the above drawings, must be lodged with Council.
Advice:
Certification may be submitted to Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement)
Reason for condition
To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
ENG 4
Prior to first occupation or commencement of use (whichever occurs first), the circulation roadway(s) (domestic driveway) and parking module (parking spaces, aisles and manoeuvring area) approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) and surface drained to the Council's stormwater infrastructure.
Reason for condition
To ensure the safety of users of the access driveway and parking module, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.
ENG 5
The number of car parking spaces approved to be used on the site is Four (4). Prior to first occupation or commencement of use (whichever occurs first), all parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1 2004.
Reason for condition
To ensure the provision of parking for the use is safe and efficient.
ENG 1
Any damage to council infrastructure resulting from the implementation of this permit, must, at the discretion of the Council:
1. Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or 2. Be repaired and reinstated by the owner to the satisfaction of the Council.
A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.
A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, preexisting damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.
Reason for condition
To ensure that any of the Council's infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.
ENV 1
Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or revegetated.
Advice:
For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.
Reason for condition
To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.
ADVICE
The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
CONDITION ENDORSEMENT
If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services eplanning portal. Detailed instructions can be found here.
A fee of 2% of the value of the works for new public assets (stormwater infrastructure, roads and related assets) will apply for the condition endorsement application.
Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
BUILDING PERMIT
You may need building approval in accordance with the Building Act 2016. Click here for more information.
This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.
PLUMBING PERMIT
You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.
BUILDING OVER AN EASEMENT
In order to build over the service easement, you will require the written consent of the person on whose behalf the easement was created, in accordance with section 74 of the Building Act 2016.
STORMWATER
Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information.
FEES AND CHARGES
Click here for information on the Council's fees and charges.
DIAL BEFORE YOU DIG
Click here for dial before you dig information.
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Delegation: Committee
Item 9 was then taken.
Mr Mark Drury (Representor), Mr Frazer Read and Mr Matthew Johnston (Applicant) addressed the Committee in relation to item 7.2.3.
7.2.3 290-296 Argyle Street, North Hobart - Demolition, New Building for Bulky Goods Sales, and Signage |
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BEHRAKIS
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That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 13 October 2021, be adopted, as amended by the addition of the following conditions relating to noise and lighting and an advice clause regarding landscaping:
“PLN s1
Noise emissions from the carwashing equipment measured at the boundary of a residential zone must not exceed 55dB(A) (LAeq).
Measurement of noise levels must be in accordance with the methods in the Tasmanian Noise Measurement Procedures Manual, issued by the Director of Environmental Management, including adjustment of noise levels for tonality and impulsiveness.
Noise levels are to be averaged over a 15 minute time interval.
Reason for condition
To ensure that noise emissions do not cause environmental harm and do not have unreasonable impact on residential amenity on land within a residential zone.
PLN s2
All external lighting must not be directed towards immediate adjacent residential properties and must be baffled to avoid light spill to these properties.
Reason for condition
To minimise light spill from the operation of this use and protect the amenity of the residential use on the adjacent property.
Advice – Landscaping
The owner and operator of the business authorised by this permit are strongly encouraged to install landscaping across the front of the site prior to first use. In light of the potential contamination of the site, planters are encouraged to be used to provide this landscaping.”
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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, in accordance with the delegations contained in its terms of reference, approve the application for demolition and new building for bulky goods sales, at 290296 Argyle Street, North Hobart 7000 for the reasons outlined in the officer’s report attached to item 7.2.3 of the Open City Planning Committee agenda of 18 October 2021 and a permit containing the following conditions be issued:
GEN
The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN21586 290296 ARGYLE 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 2021/01483HCC dated 08/09/2021 as attached to the permit.
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 – Sunday 7:30am 5:00pm
Operation of the car wash and any associated equipment must not be undertaken outside of the following hours:
Monday Friday 8:00am 4:30pm Saturday Sunday and any Public Holidays 9:00am 12:00pm
Reason for condition
To ensure that nonresidential use does not unreasonably impact on residential amenity
PLN s1
Noise emissions from the carwashing equipment measured at the boundary of a residential zone must not exceed 55dB(A) (LAeq).
Measurement of noise levels must be in accordance with the methods in the Tasmanian Noise Measurement Procedures Manual, issued by the Director of Environmental Management, including adjustment of noise levels for tonality and impulsiveness.
Noise levels are to be averaged over a 15 minute time interval.
Reason for condition
To ensure that noise emissions do not cause environmental harm and do not have unreasonable impact on residential amenity on land within a residential zone.
PLN s2
All external lighting must not be directed towards immediate adjacent residential properties and must be baffled to avoid light spill to these properties.
Reason for condition
To minimise light spill from the operation of this use and protect the amenity of the residential use on the adjacent property.
PLN s4
Prior to commencement of use, the screening car wash structure to a height of 3m above finished floor level must be installed along the south west and south east elevations.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing:
1. The screening car wash structure in accordance with the above requirement.
All work required by this condition must be undertaken in accordance with the approved revised plans.
Advice:
This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.
Reason for condition
To ensure that non-residential use does not unreasonably impact on residential amenity
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 3a
Prior to first occupation or commencement of use (whichever occurs first), circulation roadway(s), 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 circulation roadway(s) and parking module prior to first occupation or commencement of use (whichever occurs first); ensuring adequate space is available for onsite turning, parking space access, and vehicle circulation.
Reason for condition
To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
ENG 5
The number of car parking spaces approved to be used on the site is Thirty Two (32).
Prior to first occupation or commencement of use (whichever occurs first), all car parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1 2004.
Reason for condition
To ensure the provision of parking for the use is safe and efficient.
ENG 1
Any damage to council infrastructure resulting from the implementation of this permit, must, at the discretion of the Council:
1. Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or 2. Be repaired and reinstated by the owner to the satisfaction of the Council.
A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.
A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, preexisting damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.
Reason for condition
To ensure that any of the Council's infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.
ENV 1
Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or revegetated.
Advice:
For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.
Reason for condition
To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.
Advice – Landscaping
The owner and operator of the business authorised by this permit are strongly encouraged to install landscaping across the front of the site prior to first use. In light of the potential contamination of the site, planters are encouraged to be used to provide this landscaping.”
ADVICE
The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
CONDITION ENDORSEMENT
If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services eplanning portal. Detailed instructions can be found here.
A fee of 2% of the value of the works for new public assets (stormwater infrastructure, roads and related assets) will apply for the condition endorsement application.
Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
BUILDING PERMIT
You may need building approval in accordance with the Building Act 2016. Click here for more information.
This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.
PLUMBING PERMIT
You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.
SPECIAL CONNECTION PERMIT
You may need a Special Connection Permit (Trade Waste) in accordance with the Plumbing Regulations 2014 and the Tasmanian Plumbing Code. 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.
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.
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.
PROTECTING THE ENVIRONMENT
In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." 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
8. Reports
Ms Jocelyn McPhie and Mr Peter Sibly addressed the Committee in relation to item 8.1
8.1 Petition to Rezone 21, 21B and Part of 21A Enterprise Road, Sandy Bay |
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BRISCOE
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That the recommendation contained in the report of the Development Planner and the Director City Planning of 11 October 2021, be adopted, as amended with the addition of the following words after the word “prepared”. “as a matter of high priority when the required resourcing is available.” |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That a report analysing the zoning of 21, 21B and part of 21A Enterprise Road, Sandy Bay and recommending whether to initiate a planning scheme amendment to rezone the land from General Residential to Low Density Residential be prepared as a matter of high priority when the required resourcing is available.
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a Jocelyn McPhie - Deputation Supporting Information - Enterprise
Road ⇨ |
Delegation: Council
BRISCOE
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That the recommendation contained in the report of the Manager City Futures and the Director City Planning of 13 October 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the Council endorse the release of the Central Hobart Precincts Plan Discussion Paper marked as Attachment A to item 8.2 of the Open City Planning Committee meeting of 18 October 2021 for consultation with the community.
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Delegation: Council
BEHRAKIS
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That the recommendation contained in the report of the Development Planner, Manager City Futures and the Director City Planning of 13 October 2021, be adopted, as amended to include “social housing” within the submission. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the Council endorse the feedback on the scope of the draft Tasmanian Planning Policies marked as Attachment A to item 8.3 of the Open City Planning Committee agenda of 18 October 2021, for submission to the Tasmanian Government to also include “social housing” as a separate item under the “liveable settlements topic”.
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Delegation: Council
DUTTA
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That the recommendation contained in the report of the Manager Smart & Sustainable City and the Director City Innovation of 8 October 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That: 1. An Environmental Upgrade Finance program not be pursued as a means of promoting sustainable building practices in Hobart at this time.
2. The information in relation to the Sustainable Hobart Action Plan community targets initiative as detailed in the report marked as item 8.4 of the Open City Planning Committee agenda of 18 October 2021 be received and noted.
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Delegation: Council
8.5 Monthly Building Statistics - 1 September - 30 September 2021 |
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BEHRAKIS
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That the recommendation contained in the memorandum of the Director City Planning of 12 October 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the building statistical report of the Director City Planning be received and noted:
During the period 1 September 2021 to 30 September 2021, 30 permits were issued to the value of $14,200,392 which included:
(i) 14 for extensions/alterations to dwellings to the value of $2,065,642;
(ii) 7 new dwellings to the value of $2,327,750;
(iii) 5 new multiple dwellings to the value of $1,420,000; and
(iv) 1 major project:
(a) 48 Liverpool Street, Hobart - Commercial Internal Alterations - $7,000,000.
During the period 1 September 2020 to 30 September 2020, 69 permits were issued to the value of $18,767,569 which included:
(i) 29 for extensions/alterations to dwellings to the value of $4,482,300;
(ii) 13 new dwellings to the value of $3,399,255;
(iii) no new multiple dwellings; and
(iv) 2 major projects:
(a) 48 Liverpool Street, Hobart - Commercial Internal Alterations - $4,100,000; (b) 4-12 Elizabeth Street, Hobart - Commercial Internal Alterations - $2,000,000
In the twelve months ending September 2021, 632 permits were issued to the value of $252,034,191; and
In the twelve months ending September 2020, 628 permits were issued to the value of $224,352,929.
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Delegation: Council
8.6 Monthly Planning Statistics - 1 September 2021 - 30 September 2021 |
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HARVEY
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That the recommendation contained in the report of the Director City Planning of 12 October 2021, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the planning statistical report of the Director City Planning be received and noted:
During the period 1 September 2021 to 30 September 2021, 60 permits were issued to the value of $9,234,226 which included:
(i) 4 new single dwellings to the value of $1,064,225;
(ii) 10 multiple dwellings to the value of $2,713,000;
(iii) 20 extensions/alterations to dwellings to the value of $2,456,500;
(iv) 13 extensions/alterations to commercial properties to the value of $2,589,000;
(v) no major projects:
During the period 1 September 2020 to 30 September 2020, 82 permits were issued to the value of $46,353,725 which included:
(i) 9 new single dwellings to the value of $3,595,725;
(ii) 56 multiple dwellings to the value of $25,428,000;
(iii) 31 extensions/alterations to dwellings to the value of $4,002,600;
(iv) 11 extensions/alterations to commercial properties to the value of $12,575.000;
(v) 4 major projects:
(a) 5-7 Sandy Bay Road, Sandy Bay - Demolition and New Building for 45 Multiple Dwellings, Food Services and Associated Works within the Adjacent Road Reserve - $22,000,000; (b) 23 Commercial Road, North Hobart - Partial Demolition, Alterations, Extension, New Building for Educational and Occasional Care (Gymnasium), Signage and Associated Works - $9,400,000; (c) 190 Macquarie Street, Hobart - Demolition and New Building for Four Multiple Dwellings and Works in Road Reserve - $2,500,000; (d) 284A-284B Argyle Street, North Hobart - Partial Demolition, Alterations, Signage and Change of Use to Resource Processing, Food Services and General Retail and Hire - $2,000,000;
In the twelve months ending September 2021, 805 permits were issued to the value of $537,569,050; and
In the twelve months ending September 2020, 856 permits were issued to the value of $290,521,767
# This report includes permits issued, exempt and no permit required decisions
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Delegation: Council
BEHRAKIS
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That the recommendation contained in the memorandum of the Director City Planning of 12 October 2021, 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 titled Delegated Decision Report (Planning) be received and noted.
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Delegation: Committee
COATS
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That the recommendation contained in the report of the Director City Planning of 12 October 2021, 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
Item 7.1.1 was then taken.
9. Committee Action Status Report
BRISCOE
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That the information be received and noted.
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MOTION CARRIED VOTING RECORD
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Delegation: Committee
Regulation 29(3) Local Government (Meeting
Procedures) Regulations 2015.
File Ref: 13-1-10
10.1 Sensitive Urban Infill - Design Guidelines
File Ref: F21/84279; 13-1-10
Memorandum of the Director City Planning of 11 October 2021.
10.2 Development Applications - Delegated Approvals
File Ref: F21/93199
Memorandum of the Director City Planning of 8 October 2021.
HARVEY
That the information be received and noted.
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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
No questions were asked at the meeting.
BRISCOE
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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:
· Confirm the minutes of the Closed portion of the meeting · Questions without notice in the Closed portion · 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-20-911 - 79 Collins Street, Hobart & Adjacent 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 7.03pm for a comfort break.
The meeting was reconvened at 7.10pm.
Item 8.3 was then taken.
There being no further business the Open portion of the meeting closed at 7.27pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
1st DAY OF NOVEMBER 2021.
CHAIRMAN