Minutes (Open Portion)

City Planning Committee Meeting

Page 3

19/4/2021

Minutes (Open Portion)

City Planning Committee Meeting

Page 4

19/04/2021

DUTTA

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 29 March 2021, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

Minutes (Open Portion)

City Planning Committee Meeting

Page 62

19/04/2021

7.1.1   26 Fitzroy Place, Sandy Bay and 2 Montgomery Court, Sandy Bay - Partial Demolition, Extension and Alterations to Visitor Accommodation, Carparking and Subdivision (Boundary Adjustment)

HARVEY

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 13 April 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition, extension and alterations to visitor accommodation, car parking and subdivision (boundary adjustment) at 26 Fitzroy Place and 2 Montgomery Court Sandy Bay TAS 7005 for the following reasons:

1       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A1 or P1 (a) and (b) of the Hobart Interim Planning Scheme 2015 because it is an incompatible design through its height, scale, bulk, form, fenestration and siting being adjacent to an historic house in a large garden and it also results in the substantial diminution of heritage values through the loss of streetscape elements.

2       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A2 or P2 (a) to (d) of the Hobart Interim Planning Scheme 2015 because it will not be subservient and complementary to the listed place of an historic house in a large garden due to its scale, bulk, built form and fenestration, setback and siting with respect to listed buildings.

3       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 A3 or P3 of the Hobart Interim Planning Scheme 2015 because it does not respond to the heritage characteristics of the place in its materials, built form and fenestration.

4       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 A1 or P1 of the Hobart Interim Planning Scheme 2015 because it will result in detriment to the historic cultural heritage values of the precinct of an historic house in a large garden.

Attachments

a    Dermot Crean - Deputation Supporting Information - 26 Fitzroy Place ⇨  

7.1.2   32A, 30A, 30B, 30C, 1/30C, 2/30C Brinsmead Road, Mount Nelson and Common Land of Parent Title - Five Multiple Dwellings (One Existing, Four New) and Associated Works

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 7 April 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for five multiple dwellings (one existing, four new) and associated works at 32A Brinsmead Road, Mount Nelson for the reasons outlined in the officer’s report attached to item 7.1.2 of the Open City Planning Committee agenda of 19 April 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 PLN­20­496 ­ 32A BRINSMEAD ROAD MOUNT NELSON TAS 7007 ­ 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 2020/01193­HCC dated 17/08/2020 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw6

All stormwater from the proposed development (including hardstand runoff, ag drains and tank overflow) must be discharged to the Council’s stormwater infrastructure with sufficient receiving capacity prior to first occupation or commencement of use (whichever occurs first). All costs associated with works required by this condition are to be met by the owner.

Design drawings and calculations of the proposed stormwater drainage and connections to the Council's stormwater infrastructure must be submitted and approved as a Condition Endorsement, prior to the issue of any consent under the Building Act 2016 or commencement of work (whichever occurs first). The design drawings and calculations must:

1.      prepared by a suitably qualified person; and

2.      include long section(s)/levels and grades to the point of discharge, demonstrating gravity­driven drainage.

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

Advice:

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

Reason for condition

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

SW 5

Construction of the development must not adversely impact the watercourse gully

A construction management plan (CMP) must be submitted and approved prior to commencement of works. The CMP must be prepared by a suitably qualified and experienced engineer and must:

1.      detail the proposed construction methodology and identify all potential risks to the existing watercourse gully during construction including but not limited to construction loading, traffic loading, excavation works, footing construction, vibrations, undermining, flood, and environmental harm;

2.      provide treatment measures to eliminate or otherwise mitigate to as low as reasonably practicable all identified risks;

3.      include a monitoring regime.

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

SW 6

The new stormwater system must be designed and constructed prior to occupancy or the commencement of the approved use (whichever occurs first).

Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), detailed engineering drawings must be submitted and approved as a Condition Endorsement. The detailed engineering design and drawings must be certified by a suitably qualified and experienced civil engineer and must:

1.      be substantially in accordance with the Local Government Association of Tasmania: Tasmanian Municipal Standard Drawings (May 2020), as varied by the City of Hobart’s published departures from those Drawings, and the Local Government Association of Tasmania, Tasmanian Subdivision Guidelines (October 2013);

2.      clearly distinguish between public and private infrastructure;

3.      include the associated calculations and catchment area plans.  The stormwater system (including defined overland flow paths) must cater for all 1% AEP event flows as at 2100 (including climate change loading) from a fully developed catchment.  The main itself must be sized to accommodate at least the 5% AEP event flows from a fully­developed catchment;

4.      demonstrate any excess stormwater runoff  from the proposed development can be accommodated within the existing or upgraded public stormwater infrastructure;

5.      indicate overland flow paths for 1% AEP storm event can be safely conveyed through/around the site with no adverse impact on third­party land

6.      include provision for future development within the catchment to be adequately and efficiently serviced, i.e via appropriate easements;

7.      include a construction program demonstrating how services to external land will be maintained.

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

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.

SW 7

Prior to occupancy or the commencement of the use (whichever occurs first), any new stormwater connection must be constructed and existing redundant connection(s) be abandoned and sealed at the owner’s expense.

Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), detailed engineering drawings must be submitted via the City of Hobart’s online request form for new connections which is available on its website and approved. The detailed engineering drawings must include:

1.      the location of the proposed connections and all existing connections;

2.      the size and design of the connection such that it is appropriate to safely service the development;

3.      long­sections of the proposed connection clearly showing clearances from any nearby services, cover, size, material and delineation of public and private infrastructure;

4.      connections which are free­flowing gravity driven;

5.      any connections to watercourse must demonstrate adequate erosion and scour control and minimise hydraulic intrusion.  The cross­sections must clearly show the top of bank and invert of watercourse.

All work required by this condition must be undertaken in accordance with the approved detailed engineering drawings.  The approved stormwater connection documents must be included in your plumbing permit application document set and listed in accompanying forms.

SW 8

All stormwater runoff from impervious surfaces within the site must be treated and discharged from the site using Water Sensitive Urban Design principles to achieve stormwater quality and quantity targets in accordance with the State Stormwater Strategy 2010.

Detailed engineering designs accompanied with a report on all stormwater design parameters and assumptions or a model using industry accepted proprietary software, such as MUSIC, must be submitted and approved as a Condition Endorsement, prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first).

A maintenance management schedule must also be submitted and the facility must be maintained in accordance with this schedule.

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.

SW 9

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

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

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

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

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

c)      the discharge rates and emptying times; and

d)      all assumptions must be clearly stated;

2.      include a supporting maintenance plan, which specifies the required maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.

All work required by this condition must be undertaken and maintained in accordance with the approved stormwater management report and design.

Advice:

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

ENG 2b

Prior to the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first), a certified vehicle barrier design (including site plan with proposed location(s) of installation) prepared by a suitably qualified engineer, compliant with Australian Standard AS/NZS1170.1:2002, must be submitted to Council as a Condition Endorsement.

Advice:

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

Reason for condition

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

ENG 2c

Prior to the 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/NZS1170.1:2002.

Advice:

Certification may be submitted to the Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement)

Reason for condition

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

ENG 3a

The access 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 3b

The access driveway, and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved as a Condition Endorsement, prior to the any approval under the Building Act 2016.

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

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

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

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

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

Advice:

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

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

Reason for condition

To ensure the 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 design drawings approved by Condition ENG 3b.

Prior to the first occupation or commencement of use (whichever occurs first), documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the above drawings must be lodged with Council.

Advice:

Certification may be submitted to Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement)

Reason for condition

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

ENG 4

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 or commencement of use (whichever occurs first).

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 ten (10).

All parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1 2004, prior to first occupation or commencement of use (whichever occurs first).

Advice:

All parking spaces associated within the same jockey parking arrangement are to be associated with one dwelling only.  Any future strata titling of the dwellings are to show the parking spaces associated with each dwelling are included in the strata title for the relevant dwelling and any visitor parking space/s are to be shown in common property.  Any visitor parking spaces must not inhibit vehicles accessing the parking spaces associated with the dwellings.

Reason for condition

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

ENG 5b

The vehicle manoeurve area for accessing the parking spaces for dwellings described as being on the future lot 3 and lot 5 must be clearly marked as no parking by either pavement marking or sign posed prior to the first occupation or commencement of use (whichever occurs first).

Advice:

The manoeurve area associated with the dwellings described as being on the future lot 3 and lot 5 must be kept clear at all times and not used as a parking area for residents or visitors.

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 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 as a Condition Endorsement 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).

Reason for condition

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

ENV s1

An approved tree protection plan must be implemented throughout construction.

A tree protection plan prepared by a suitably qualified and experienced person must be submitted and approved, prior to the commencement of work. The tree protection plan must:

·    ensure that adequate fencing/demarcations are erected around the structural root zone of trees mapped as being retained on site; and

·    prevent works, construction vehicles, materials storage, and stockpiles from encroaching the structural root zone or make recommendations for suitable mitigation measures to be adhered to that would maximise the protection of trees during construction.

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

Reason for condition

To ensure that development is compatible with the existing built and natural environmental of the area.

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.

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

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

NEW SERVICE CONNECTION

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

PLANNING

To maximise the protection of native vegetation on the site that is being retained, tree protection measures should be employed during construction in accordance with Australian Standard AS4970­2009 Protection of trees on development sites.

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.

ACCESS

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

CROSS OVER CONSTRUCTION

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

STORM WATER / ROADS / ACCESS

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

RIGHT OF WAY

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

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

FENCING

In order to ensure future privacy and alleviate issues with open fencing it is recommended that any future fencing along the northern and western boundaries be erected to a height of 1.8m with an unbroken solid paling construction or similar equivalent.

WEED CONTROL

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website.

WORK PLACE HEALTH AND SAFETY

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

NOISE REGULATIONS

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

WASTE DISPOSAL

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

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

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

7.1.3   8A Kennerley Street, 8 Kennerley Street, 8 Mellifont Street, West Hobart - Alterations for Studio

BRISCOE

That the recommendation contained in the report of the development Appraisal Planner and the Senior Statutory Planner of 3 August 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for alterations for studio at 8A Kennerley Street, West Hobart for the reasons outlined in the officer’s report attached to item 7.1.3 of the Open City Planning Committee agenda of 19 April 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 PLN­20­223 ­ 8A KENNERLEY STREET WEST HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s1

The studio roof is not approved as constructed.

Prior to the commencement of use, or within 90 days of the date of this permit, whichever occurs first, the roof of the studio must be altered in accordance with the following:

·    It must have a flat roof with a maximum pitch of 2 degrees angling down to the south west; and

·    It must have a maximum height at the north west corner of 3.251m; and

·    It must have a maximum height of 2.84m at the south east corner; and

·    It must have a maximum ceiling height of RL102.38.

Advice:

The plan submitted to Council on 15 March 2021 (plan 02a/04, rev E) is considered to satisfy the above condition.

Reason for condition

To provide consistency in the apparent scale, bulk, massing and proportions of dwellings

PLN s2

All 'in­air' encroachments over the boundary of the property at 8 Mellifont Street are not approved. Such encroachments include:

·    The eave and gutter on the north­east elevation; and

·    The vent pope on the north­east elevation; and

·    The stormwater downpipe on the north­west elevation.

Prior to the commencement of use, or within 90 days of the date of this permit, whichever occurs first, all 'in­air' encroachments over the boundary with 8 Mellifont Street must be removed, and the roof must finish flush with the north east facing wall of the studio.

Advice:

The plan submitted to Council on 15 March 2021 (plan 02a/04, rev E) is considered to satisfy the above condition.

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, pre­existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

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

ENV 1

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

Advice:

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

Reason for condition

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

ADVICE

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

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

STORM WATER DRAINAGE THROUGH RIGHT OF WAY

A right of drainage in favour of CT 144422/2 (8A Kennerley Street) for the proposed stormwater drainage for the studio on 8A Kennerley Street that passes through the Right of Way Variable Width within CT 144422/1 (8 Kennerley Street) is to be registered on certificate of Title for 8 Kennerley Street prior to the issue of any building consent, building permit and / or plumbing permit pursuant to the Building Act 2016. The right of drainage is to be created by Transfer pursuant to section 58 of the Land Titles Act 1980 and is to be to the satisfaction of Council. All costs associated with the creation of the right of drainage should met by the owner of 8A Kennerley Street.

A plumbing permit for the studio will not be able to issue unless it has a legal connection to a point of discharge.

RIGHT OF WAY

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

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

ENCROACHMENT OF STUDIO ONTO 8 MELLIFONT STREET

Any remaining encroachments of the studio onto 8 Mellifont Street that are not removed by the proposed modifications of the studio roof and guttering are to be legalised by means of a boundary adjustment between 8A Kennerley Street and 8 Mellifont Street so that the studio building is contained entirely within the boundaries of 8A Kennerley Street.

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

7.1.4   33 Mary Street, North Hobart - Extension and Deck

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 9 April 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for extension and deck at 33 Mary Street North Hobart for the following reasons:

1       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 P1 (a) of the Hobart Interim Planning Scheme 2015 because it is an incompatible design through its height, scale, bulk, form and siting and results in loss of historic cultural heritage values of the listed place.

2       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 P2 (a) and (c) of the Hobart Interim Planning Scheme 2015 because it will not be subservient and complementary to the listed place due to its bulk, scale, built form and siting with respect to the listed buildings.

3       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.7.2 P4 of the Hobart Interim Planning Scheme 2015 because it detracts from the historic cultural heritage significance of the place as a consequence of its height, bulk, scale, built form and siting with respect to the listed building.

8.1      Planning Statistics - 1 March 2021 - 31 March 2021

HARVEY

That the recommendation contained in the memorandum of the Director City Planning of 14 April 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

1.      During the period 1 March 2021 to 31 March 2021, 82 permits were issued to the value of $80,184,807 which included:

(i)          36 extensions/alterations to dwellings to the value of $5,555,250;

(ii)      15 extensions/alterations to commercial properties to the value of $8,863,075;

(iii)        8 new single dwellings to the value of $3,969,482;

(iv)        9 multiple dwellings to the value of $2,470,000;

(v)         2 major project:

(a)       46 New Town Road, New Town - Demolition, New Building for Hospital Services, Business and Professional Services, and General Retail and Hire, Signage, and Associated Works - $60,000,000;

(b)       10 Edward Street (Also known as 2 Edward Street), Glebe - Partial Demolition, Alterations and Change of Use to Educational and Occasional Care - $5,500,000

2.      During the period 1 March 2020 to 31 March 2020, 71 permits were issued to the value of $14,000,573 which included:

(i)           35 extensions/alterations to dwellings to the value of $6,349,134;

(ii)          6 extensions/alterations to commercial properties to the value of $671,050;

(iii)         11 new single dwellings to the value of $3,298,388;

(iv)         17 multiple dwellings to the value of $4,799,500;

(vi)         1 major project:

(a)        9 Star Street, Sandy Bay - 12 Multiple Dwellings, Associated Hydraulic Infrastructure, Road Works (Extension to Star Street), Works in Road Reserve (Star Street and Jersey Street) - $3,800,000;

# This report includes permits issued, exempt and no permit required developments

8.2      Building Statistics - 1 March 2021 - 31 March 2021

DUTTA

That the recommendation contained in the memorandum of the Director City Planning of 14 April 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

1.      During the period 1 March 2021 to 31 March 2021, 68 permits were issued to the value of $26,243,586 which included:

(i)      42 for extensions/alterations to dwellings to the value of $5,359,380;

(ii)     8 new dwellings to the value of $5,359,380; and

(iii)    3 major projects:

(a) 40 Melville Street, Hobart - Commercial Internal Alterations - $5,614,500;

(b) 23 Commercial Road, North Hobart - New Commercial Building - $3,500,000;

(c)  284A-284B Argyle Street, North Hobart - Commercial Internal Alterations - $2,000,000;

2.      During the period 1 March 2020 to 31 March 2020, 42 permits were issued to the value of $20,356,410 which included:

(i)      21 for extensions/alterations to dwellings to the value of $3,214,700

(ii)     12 new dwellings to the value of $4,141,395; and

(iii)    3 major projects:

(a) 254-286 Liverpool Street, Hobart - Commercial Internal Alterations - $4,200,000;

(b) 109-113 Liverpool Street, Hobart - Commercial Internal Alterations - $2,800,000;

(c)  39-41 Davey Street, Hobart - Commercial Internal Alterations - $2,159,315

3.      In the twelve months ending March 2021, 630 permits were issued to the value of $182,055,284 and

4.      In the twelve months ending March 2020, 587 permits were issued to the value of $250,179,330.

8.3      Delegated Decision Report (Planning)

DUTTA

That the recommendation contained in the memorandum of the Director City Planning of 12 April 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

8.4      City Planning - Advertising Report

BRISCOE

That the recommendation contained in the memorandum of the Director City Planning of 13 April 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

That the information be received and noted.

MOTION CARRIED

VOTING RECORD

10.1    Lord Mayor Reynolds - 55 Mount Stuart Road - Trees

Question:    A condition on the planning approval for 55 Mt Stuart Road related to the planting of 2 mature trees being of similar species to those unlawfully removed. Is that condition being monitored for compliance?

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

10.2    Lord Mayor Reynolds - Representor Concerns

Question:    In correspondence received from Mr Neil Shephard there were 3 suggestions for solutions to council policy to make the process for parties joined to appeals more palatable and transparent. Is there a mechanism for us to consider these points?

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

10.3    Lord Mayor Reynolds - Planning Schemes - Urban Design Guidelines

Question:    Can the Director outline if there are Australian examples of Planning Schemes with urban design guidelines embedded in them?

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

10.4    Deputy Lord Mayor Burnet - Residential Amenity

Question:    Could the Director please provide advice as to which areas of Hobart have the greatest residential density presently, and what that density is (in broad terms)?

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

12.      125 Bathurst Street, Hobart - Partial Demolition, Alterations and New Building for Visitor Accommodation, Hotel Industry and Food Services

HARVEY

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 16 April 2021, be adopted, as amended by the inclusion of the following advice clauses:

“ADVICE

BICYCLE PARKING

The applicant is encouraged to consider making the bicycle parking to be wider than the conventional spacing, to enable convenient access for people with heavier bikes, such as e-bikes. Consideration should also be given to providing charging points for e-bikes close to the bicycle parking location.

ADVICE

STREET TREES

The applicant is encouraged to consider whether it is possible in discussion with relevant City of Hobart divisions and other service providers to also plant street tree(s) in the Bathurst Street road reservation in order to satisfy clause 22.4.1 P3.2 of the Hobart Interim Planning Scheme 2015 in respect of the provision of civic amenities. Advice may be provided by the Open Space Planning team at the Council, who may be contacted on 6238 2711. Other approvals may be required in order to do so and any proposed plantings should be reviewed by the Development Engineering unit in City Planning, to ensure that the street trees do not compromise sight–lines.”

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and new building for visitor accommodation, hotel industry and food services, at 125 Bathurst Street, Hobart for the reasons outlined in the officer’s report attached to supplementary item 12 of the Open City Planning Committee agenda of 19 April 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 PLN­20­532 ­ 125 BATHURST STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2020/01267­HCC dated 23/12/2020 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

The palette of exterior colours and materials must be provided.

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition, excavation and works up to the ground floor slab), revised plans, and montages and samples where appropriate, must be submitted and approved as a Condition Endorsement to the satisfaction of the Director City Planning showing exterior colours and materials in accordance with the above requirement.

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

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 the streetscape and townscape values of the surrounding area.

PLN s2

Public artwork must be implemented on site prior to first use of the building. Prior to the issue of any approval under the Building Act 2016 (excluding for demolition, excavation and works up to the ground floor slab), details of the public artwork must be submitted and approved as a Condition Endorsement, to the satisfaction of the Council's Director City Planning. The details must include, but are not limited to, the following:

·        Plans and other associated and relevant documentation demonstrating what the artwork will be, and where it will be located, which are substantially in accordance with the Final Planning Documents. Demonstrating that the artwork has a minimum value of 1% of the construction cost (equivalent to $170,000 based the value provided in the 'Estimated cost of development' section of the planning application form).

·        Identifying the procurement process, and specifying the artist/artists selected.

·        Setting out how the project will be managed, including details of installation oversight.

·        All work required by this condition must be in accordance with the approved details.

Advice:

For further advice in relation to the acceptable provision of public art you are encouraged to contact Council's Public Art team on 6238 2494.

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

Reason for condition

To provide civic amenity

PLN s3

A landscape plan must be prepared for the soft and hard landscaping of the forecourt, rooftop terraces and parapet perimeter planting, by a suitably qualified landscape designer.

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition, excavation and works up to the ground floor slab), revised plans must be submitted and approved to the satisfaction of the Director City Planning in accordance with the above requirement.

All work required by this condition must be undertaken in accordance with the approved revised plans. Prior to occupancy, confirmation from the landscape architect who prepared the approved landscaping plan that the all landscaping works required by this condition have been implemented, must be submitted to the satisfaction of the Directory City Planning.

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 the amenity of the spaces, streetscape and townscape values of the surrounding area.

PLN s4

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition, excavation and works up to the ground floor slab), details must be submitted and approved as a Condition Endorsement demonstrating that internal noise levels will be in accordance with relevant Australian Standards for acoustics control (AS 3671:1989 – Road Traffic Noise Intrusion (Building Siting and Construction) and AS 2107:2016 – Acoustics (Recommended Design Sound Levels and Reverberation Times for Building Interiors)).

Reason for condition

To ensure that buildings for visitor accommodation uses provide reasonable levels of amenity.

ENG 12

A construction waste management plan must be implemented throughout construction.

A construction waste management plan must be submitted and approved as a Condition Endorsement, prior to the issue of any approvals under the Building Act 2016. The construction waste management plan must include:

·        Provisions for commercial waste services for the handling, storage, transport and disposal of post­construction solid waste and recycle bins from the development; and

·        Provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

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

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.

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

All stormwater which can drain via gravity must do so.

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 any existing redundant connections be abandoned and sealed. The connection works must be done by Council at the owner’s expense prior to the issue of any completion.

Detailed engineering drawings must be submitted and approved, prior to commencement of work or issue of any consent under the Building Act 2016 (whichever occurs first), excluding for demolition, excavation and works up to the ground floor slab. The detailed engineering drawings must include:

1.      the location of the proposed connections and all existing connections (including any shared connections);

2.      the location of any existing third­party or shared private pipes passing through the Lot, and any works affecting them.

3.      the size and design of the connection such that it is appropriate to safely service the development;

4.      long­sections of the proposed connection clearly showing clearances from any nearby services, cover, size, material and delineation of public and private infrastructure. Connections must be free­flowing gravity.

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

Advice:

A single connection for the property is generally required under the Urban Drainage Act 2013 ­ an exception may be made for any existing connection servicing the third­party or shared stormwater passing through the site.

Once approved the applicant will need to submit an application for a new stormwater connection with Council's City Amenity Division. Should the applicant wish to have their contractor install the connection, an Application to Construct Public Infrastructure is required.

The stormwater service connection may be required to have been approved prior to any plumbing permits being issued for private plumbing works.

Reason for condition

To ensure the site is drained adequately.

ENG sw7

Stormwater pre­ treatment for stormwater discharges from the development must be installed prior to commencement of use.

A stormwater management report and design must be submitted and approved as a Condition Endorsement, prior to commencement of work or issue of any consent under the Building Act 2016 (whichever occurs first), excluding for demolition, excavation and works up to the ground floor slab. 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 estimations of contaminant removal compared to the State Stormwater Strategy targets.  Treatment from the carparking must target hydrocarbons and fine sediments;

3.      include a Stormwater Management Summary Plan that outlines the obligations for future property owners to stormwater management, including a maintenance plan which outlines the operational and maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.

All work required by this condition must be undertaken and maintained in accordance with the approved stormwater management report and design.

Advice:

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

Reason for condition

To avoid the possible pollution of drainage systems and natural watercourses, and to comply with relevant State legislation.

ENG 13

An ongoing waste management plan for all commercial and domestic waste and recycling must be implemented post construction.

A waste management plan must be submitted and approved, prior to the issue of any approvals under the Building Act 2016, excluding for demolition, excavation and works up to the ground floor slab.  The waste management plan must include provisions for commercial waste services for the handling, storage, transport and disposal of domestic and commercial waste and recycle bins from the development.

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

Reason for condition

To ensure that solid waste management from the site meets the Council’s requirements and standards.

ENG tr2

A construction traffic and parking management plan must be implemented prior to the commencement of work on the site (including demolition).

The construction traffic (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) and parking management plan must be submitted and approved, prior to commencement work (including demolition). The construction traffic and parking management plan must:

1.      Be prepared by a suitably qualified person.

2.      Develop a communications plan to advise the wider community of the traffic and parking impacts during construction.

3.      Include a start date and finish dates of various stages of works.

4.      Include times that trucks and other traffic associated with the works will be allowed to operate.

5.      Nominate a superintendent, or the like, to advise the Council of the progress of works in relation to the traffic and parking management with regular meetings during the works.

All work required by this condition must be undertaken in accordance with the approved construction traffic and parking management plan.

Reason for condition

To ensure the safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.

ENG 3a

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

Reason for condition

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

ENG 3b

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved as a Condition Endorsement, prior to the issuing of any approval under the Building Act 2016, excluding for demolition, excavation and works up to the ground floor slab.

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

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

2.      Be generally in accordance with the Australian Standard AS/NZS 2890.1:2004;

3.      Include a speed hump and conflict avoidance camera system as recommended in the Midson Traffic Pty Ltd traffic impact assessment endorsed by this permit;

4.      Include signs each side of the driveway entry/exit (adjacent to, and 2m above the pedestrian path in Bathurst Street) with the text `caution ­ vehicles exiting' clearly displayed;

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

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

Advice:

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

Reason for condition

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

ENG 3c

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the design drawings approved by Condition ENG 3b.

Prior to the commencement of use, 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.  The certification must include, but not be limited to:

1.      Confirmation that all recommendations in the Midson Traffic Pty Ltd traffic impact assessment endorsed by this permit, have been satisfactorily implemented;

2.      Confirmation that the car turn­table, car lift, and 7x triple car stackers have been satisfactorily constructed and are fully operational.

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 commencement of use.

Reason for condition

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

ENG 5

The number of car parking spaces approved on the site, for use is twenty­ one (21).

All parking spaces must be fully operational prior to the commencement of use.

Reason for condition

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

ENG 5b

The manoeuvring and parking of vehicles in the proposed parking area must be undertaken exclusively by the Hotel's valet service for the duration of the use.

Reason for condition

In the interests of user safety.

ENG 6

All vehicles exiting the development must do so via a left turn only.  Prior to the commencement of use a sign clearly stating 'left turn only' must be erected adjacent to the access (on the private side).

Reason for condition

To ensure that access to the site enables safe, easy and efficient use.

ENG 8

The use of the car parking spaces is restricted to User Class 2 (hotel parking) in accordance with Australian Standards AS/NZS 2890.1 2004 Table 1.1.

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.

Any damage must be immediately reported to Council.

A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to the issue of any approvals under the Building Act 2016.

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

Reason for condition

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

ENG r3

Prior to the commencement of use, the proposed driveway crossover and footpath for the full width of the lot frontage, within the Bathurst Street highway reservation must be designed and constructed in general accordance with:

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

·        Footpath ­ Urban Roads Footpaths TSD­R11­v2

Design drawings must be submitted and approved as a Condition Endorsement prior to any approval under the Building Act 2016, excluding for demolition, excavation and works up to the ground floor slab. The design drawings must:

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

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

3.      Be designed for the expected vehicle loadings. A structural certificate to note that driveway is suitable for heavy vehicle loadings;

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 sight lines are met as per AS/NZS 2890.1 2004;

7.      Show replacement of the footpath for the full width of the lot frontage;

8.      Show the existing redundant driveway crossover as being removed and reinstated in accordance with TSD­R15­v1; and

9.      Be prepared and certified by a suitable qualified person, to satisfy the above requirements.

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

Advice:

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

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

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

Reason for condition

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

ENV 2

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

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

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

Advice:

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

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

Reason for condition

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

HER 9

All construction documentation must contain protocols and recommendations for all contractors working in close proximity to the stone wall along the boundary of 126 Murray Street to be familiar with the heritage values of the heritage listed site and for the need to protect the wall at all costs whilst undertaking the proposed works to upgrade infrastructure. Prior to the commencement of works (including demolition and excavation), all workers and managers must be briefed on the importance of the cultural heritage values of the site as part of a site induction. This must be undertaken by a suitably qualified heritage practitioner. Documents containing protocols for the protection of the wall must be submitted and approved as a Condition Endorsement, prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first).

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 there is no loss or damage to the heritage values or fabric of the neighbouring site.

HER 6

All onsite excavation and disturbance within the area identified as being of moderate archaeological potential within Fig.23 of the Statement of Archaeological Potential produced by Austral Tasmania, dated 30 July 2018 must be monitored by a suitably qualified archaeologist. Should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

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

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

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

4.      All features and/or deposits discovered must be reported to the Council with 3 days of the discovery; and

5.      A copy of the archaeologist's advice, assessment and recommendations obtained in accordance with paragraph (2) above must be provided to Council within 10 days of receipt of the advice, assessment and recommendations.

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

Reason for condition

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

ENVHE 1

Recommendations in the 'Limited Sampling Assessment' report dated 17

December 2020 prepared by GHD must be implemented.

Reason for condition

To ensure that the risk to future occupants of the building remain low and acceptable.

ENVHE 2

A contamination Environmental Site Assessment report prepared by a suitably qualified and experienced person in accordance with the procedures and practices detailed in the National Environment Protection (Assessment of Site Contamination) Measure 1999 (NEPM) as amended 2013 must be submitted to council following demolition of structures and prior to commencement of work in order to confirm the findings of the 'Limited Sampling Assessment' dated 17 December prepared by GHD.

Demolition works must be undertaken in accordance with a Construction Environmental Management Plan including detailed soil and water management plan, testing and offsite disposal plan, in order to avoid risks to human health and the environment.

Reason for condition

To determine the level of site contamination, and to identify any recommended remediation/management practices/safeguards which need to be followed/put in place during any excavations/ground disturbance on, or for use of the site, to provide for a safe living environment.

ADVICE

BICYCLE PARKING

The applicant is encouraged to consider making the bicycle parking to be wider than the conventional spacing, to enable convenient access for people with heavier bikes, such as e-bikes. Consideration should also be given to providing charging points for e-bikes close to the bicycle parking location.

ADVICE

STREET TREES

The applicant is encouraged to consider whether it is possible in discussion with relevant City of Hobart divisions and other service providers to also plant street tree(s) in the Bathurst Street road reservation in order to satisfy clause 22.4.1 P3.2 of the Hobart Interim Planning Scheme 2015 in respect of the provision of civic amenities. Advice may be provided by the Open Space Planning team at the Council, who may be contacted on 6238 2711. Other approvals may be required in order to do so and any proposed plantings should be reviewed by the Development Engineering unit in City Planning, to ensure that the street trees do not compromise sight–lines.

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.

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

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

NEW SERVICE CONNECTION

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

STORMWATER

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

STRUCTURES CLOSE TO DRAINS

Council records suggest third­party or shared private pipes pass along the Right of Way.  The design of works (including altered levels in the RoW) must provide protection for any third­party or shared private pipes passing through the Lot. You may need separate consent from Council's Building and Compliance unit under section 73 of the Building Act 2016.

WORK WITHIN THE HIGHWAY RESERVATION

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

CBD AND HIGH VOLUME FOOTPATH CLOSURES

Please note that the City of Hobart does not support the extended closure of public footpaths or roads to facilitate construction on adjacent land.

It is the developer's responsibility to ensure that the proposal as designed can be constructed without reliance on such extended closures.

In special cases, where it can be demonstrated that closure of footpaths in the CBD and/or other high volume footpaths can occur for extended periods without unreasonable impact on other businesses or the general public, such closures may only be approved by the full Council.

For more information about this requirement please contact the Council's City Mobility Unit on 6238 2804.

REDUNDANT CROSSOVERS

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

ACCESS

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

CROSS OVER CONSTRUCTION

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

STORMWATER / ROADS / ACCESS

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

RIGHT OF WAY

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

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

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.

LEVEL 1 ACTIVITIES

The activity conducted at the property is an environmentally relevant activity and a Level 1 Activity as defined under s.3 of the Environmental Management and Pollution Control Act 1994. For further information on what your responsibilities are, click here.

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.

13.      19 Ridgeway Road, Ridgeway - Partial Demolition, Alterations, Extension, Carport and Front Fencing

PROCEDURAL MOTION

BRISCOE

That the matter be deferred to enable mediation between the parties to address the issues of cladding treatment and set back provisions.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the matter be deferred to enable mediation between the parties to address the issues of cladding treatment and set back provisions.