Minutes (Open Portion)

City Planning Committee Meeting

Page 2

19/10/2020

Minutes (Open Portion)

City Planning Committee Meeting

Page 21

19/10/2020

HARVEY

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 28 September 2020 and the Special City Planning Committee meeting held on Monday, 12 October 2020, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Burnet

Briscoe

Harvey

Behrakis

Dutta

Coats

7.1.1   63 Davey Street, Hobart and 186 Macquarie Street, Hobart, Adjacent Road Reserve - Demolition, New Building for 30 Multiple Dwellings and 21 Student Accommodation Units including Carparking, and Associated Infrastructure and Access Works

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 6 October 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for demolition, new building for 30 multiple dwellings and 21 student accommodation units including carparking, and associated infrastructure and access works at 63 Davey Street and 186 Macquarie Street, Hobart and adjacent road reserve, for the following reasons:

1.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause Part D 22.4.1 A1 and P1.1(a) of the Hobart Interim Planning Scheme 2015 because the development does not make a positive contribution to the streetscape and townscape, having regard to the height, bulk and design of existing and proposed buildings.

2.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 P1 of the Historic Heritage Code of the Hobart Interim Planning Scheme 2015 because the proposal results in detriment to the historic cultural heritage significance of the precinct through its design and siting.

3.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause 22.4.1 P5 of the Historic Heritage Code of the Hobart Interim Planning Scheme 2015 because the proposed building unreasonably dominates and has a materially adverse impact on adjacent existing buildings of cultural heritage significance through its height.

7.1.2   518 Huon Road, South Hobart - Security Fence and Gates

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 13 October 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for security fence and gates at 518 Huon Road, South Hobart for the reasons outlined in the officer’s report attached to item 7.1.2 of the Open City Planning Committee agenda of 19 October 2020 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­20­438 ­ 518 HUON ROAD SOUTH HOBART TAS 7004 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

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.

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.

AYES

NOES

Deputy Lord Mayor Burnet

Briscoe

Harvey

Behrakis

Sherlock

Coats

7.1.3   354 Macquarie Street, South Hobart - Partial Demolition and Extension

PROCEDURAL MOTION

BEHRAKIS

That the matter be deferred to a Special City Planning Committee on 26 October 2020 to enable an opportunity for the Applicant to address the Committee.

PROCEDURAL MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the matter be deferred to a Special City Planning Committee on 26 October 2020 to enable an opportunity for the Applicant to address the Committee.

7.1.4   39 Nicholas Drive, Sandy Bay - Partial Demolition, Alterations and Extension

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 25 September 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for partial demolition, alterations and extension at 39 Nicholas Drive, Sandy Bay Tasmania 7005 for the reasons outlined in the officer’s report attached to item 7.1.4 of the Open City Planning Committee agenda of 19 October 2020 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­19­468 39 Nicholas Drive Sandy Bay Tas 7005 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s2

The dance studio is approved for the private use of the occupants of the dwelling at 39 Nicholas Drive only.

Reason for condition

To clarify the scope of this permit.

ENG 2a

Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.

Advice:

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

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

Reason for condition

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

ENG 2b

Prior to the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first), a certified vehicle barrier design (including site plan with proposed location(s) of installation) prepared by a suitably qualified engineer, compliant with Australian Standard AS/NZS 1170.1:2002, must be submitted to the Council.

Advice:

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

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

Reason for condition

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

ENG 2c

Prior to the commencement of use, 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 driveways and parking modules (parking spaces and manoeuvring areas) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

Advice:

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

Reason for condition

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

ENG 3c

The access driveways and parking modules (parking spaces and manoeuvring areas) must be constructed in accordance with the Aldanmark Consulting Engineers documentation received by the Council on the 18th August 2020.

Prior to the commencement of use, documentation by a suitably qualified engineer certifying that the access driveways and parking modules have 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 driveways and parking modules (car parking spaces and manoeuvring areas) 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 is three (3).

Reason for condition

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

ENG 11

Prior to the first occupation, the proposed crossover to the Nicholas Drive highway reservation must be designed and constructed in general accordance with:

1.      LGAT Standard Drawing ­ Urban ­ TSD­R09­v2 – Urban Roads Driveways and TSD R14­v2 Type KC vehicular crossing

2.      LGAT Standard Drawing ­  Footpath ­ Urban Roads Footpaths TSD­R11­ v2

3.      Or a Council City Infrastructure Division approved alternate design.

Advice:

Local Government Association (LGAT) Tasmanian Standard Drawings (TSD)

can be viewed electronically via the LGAT Website.

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

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

Please contact the Council’s City Amenity Division to discuss approval of alternate designs. Based on a site specific assessment, the Council’s City Amenity Division’s Road Engineer may permit extending non­approved concrete slab crossover, and where non­standard kerb and channel exists a concrete plinth to Council standards may be permitted for construction at the gutter.

You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.

Reason for condition

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

ADVICE

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

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

CONDITION ENDORSEMENT ENGINEERING

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

Value of Building Works Approved by Planning Permit Fee:

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

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

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

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

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

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

WORK WITHIN THE HIGHWAY RESERVATION

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

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.

ACCESS

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

CROSS OVER CONSTRUCTION

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

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.

7.1.5   23 Summerhill Road, West Hobart and Adjacent Road Reserve, Two Multiple Dwellings (One Existing, One New)

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 28 September 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 two multiple dwellings (one existing, one new) at 23 Summerhill Road, WEST HOBART for the reasons outlined in the officer’s report attached to item 7.1.5 of the Open City Planning Committee agenda of 19 October 2020 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­20­148 ­ 23 SUMMERHILL ROAD WEST HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2020/00463­HCC dated 25/08/2020 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, retaining wall ag drains and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior first occupation of Unit 2 or commencement of use (whichever occurs first).

Advice:

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

Reason for condition

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

ENG sw4

Any new stormwater connection must be constructed and existing abandoned connections sealed by the Council at the owner’s expense, prior to the first occupation of Unit 2 or commencement of use (whichever occurs first).

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

1.      the location of the proposed connection;

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

3.      the material of the proposed stormwater connection; and

4.      the interface between Council and private infrastructure.

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

Advice:

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

Where building / plumbing approval is also required, it is recommended that documentation to satisfy this condition is submitted well before submitting documentation for building/plumbing approval. Failure to address planning

condition requirements prior to submitting for building/plumbing approval may result in unexpected delays.

Reason for condition

To ensure the site is drained adequately.

ENG sw6

All stormwater from the proposed development (including hardstand runoff) must be discharged to the Council’s stormwater infrastructure with sufficient receiving capacity prior to first occupation of Unit 2 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 prior to the commencement of work. 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.

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

Advice:

The applicant is advised to submit detailed design drawings and calculations as part of their plumbing permit application. If detailed design to satisfy this condition is submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will still need to obtain a plumbing permit for the works.

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 of Unit 2 or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.

Advice:

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

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

Reason for condition

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

ENG 3a

Prior to the first occupation of Unit 2 or commencement of use (whichever occurs first), 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, prior to the issuing of 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/NZS2890.1:2004;

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

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

Advice:

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

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

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

Reason for condition

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

ENG 3c

The access driveway, and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the design drawings approved by conditions ENG 3b, ENG r1 and ENG r3.

Prior to the first occupation of Unit 2 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 the Council.

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 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 of Unit 2 or the  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 1

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

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

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

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

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

Reason for condition

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

ENG r1

The excavation and earth­retaining structures (ie embankments, cuttings, retaining walls) within or supporting the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings, structural certificates and associated geotechnical assessments of the retaining wall within the Hillside Crescent highway reservation must be submitted and approved, prior to issuing of any approval under the Building Act 2016 and must:

1.      Be prepared and certified by a suitable qualified person and experienced engineer.

2.      Not undermine the stability of the highway reservation.

3.      Be designed in accordance with AS 4678, with a design life in accordance with table 3.1 typical application major public infrastructure works.

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

5.      Take into account and reference accordingly any Geotechnical findings.

6.      Detail any mitigation measures required.

7.      The structure certificated and/or drawings should note accordingly the above.

All work required by this condition must be undertaken in accordance with the approved select design drawing and structural certificates.

Advice:

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

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

You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.

Reason for condition

To ensure that the stability and integrity of the Council’s highway reservation is not compromised by the development.

ENG r3

Prior to the first occupation of Unit 2 or commencement of use (whichever occurs first), the proposed driveway crossover within the Hillside Crescent highway reservation must be designed and constructed in accordance with:

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

·        Footpath ­ Urban Roads Footpaths TSD­R11­v1

·        or a Council City Amenity Division approved alternate design

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

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

2.      Detail any services or infrastructure (ie 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.      Be prepared and certified by a suitable qualified person, to satisfy the above requirement.

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

Advice:

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

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

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

Please contact the Council’s City Amenity Division to discuss approval of alternate designs.

You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.

Reason for condition

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

ENG r4

Vehicle crash barriers with the Hillside Crescent highway reservation compliant with the Australian/New Zealand Standard AS / NZS 1170.1 and/or the (IPWEA) LGAT –Tasmanian Standard Drawings must be installed or modified as per the plans prior to the first occupation of Unit 2 or commencement of use (whichever occurs first).

A certified design/report prepared by a suitably qualified engineer, to satisfy the above requirements, must be provided to the Council prior to the issuing of any approval under the Building Act 2016.

All works, required by this condition must be undertaken in accordance with certified design/report. Upon completion the barriers must be inspected by a qualified engineer and a certification submitted to the Council, confirming that the installed barriers comply with the above requirement.

Advice:

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

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

Upon completion of the barriers the certification that the installed barriers comply with the relevant requirements 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).

You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.

Reason for condition

To ensure that the safety of users of the driveway/parking and compliance with the standard.

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 ENGINEERING

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

Value of Building Works Approved by Planning Permit Fee:

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

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

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

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

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

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

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.

WORK WITHIN THE HIGHWAY RESERVATION

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

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

7.1.6   1 Digney Street and 3 Digney Street, Dynnyrne and Adjacent Rivulet - Partial Demolition, Alterations and Extension

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 21 September 2020, be adopted.

Procedural Motion

Dutta                                                                                                                           

That the matter be deferred so that the Council could obtain further advice regarding the risks of flooding.

PROCEDURAL MOTION LOST

VOTING RECORD

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for partial demolition, alterations and extension at 1 Digney Street and 3 Digney Street, Dynnyrne Tas 7005 and Adjacent Rivulet for the reasons outlined in the officer’s report attached to item 7.1.6 of the Open City Planning Committee agenda of 19 October 2020 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN­20­429 1 Digney Street Dynnyrne Tas 7005 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG sw1

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

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.

ENG s1

The stormwater floodway along the western side boundary of the property must be retained.

Detailed design of the works in the floodway (including but not limited to footing and walls) demonstrating that overland flows will minimise the impedance of flow must be submitted and approved prior to issue of any consent under the Building Act 2016. The detailed design must include:

·        Certification from an accredited and qualified structural engineer that all proposed structures within the flood zone are designed to resist inundation, erosion, undermining and likely forces from a flood event.

·        Drawings of the works within the floodway in accordance with the Stormwater Inundation report by Flussig (dated 13 July 2020 and forming part of the Final Planning Documents).

All works required by this condition must be undertaken in accordance with the approved detailed design.

Reason for condition

To ensure that the risks associated with building in a flood zone and near Council's stormwater infrastructure are managed.

ENV 2

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

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

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

Advice:

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

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

Reason for condition

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

ENV s1

The void space shown between the underside of the extension floor and the ground as shown in the submitted plans must be established and maintained for the life of the extension. The void must be kept open and free from obstructions for the life of the extension.

Reason for condition

To ensure the development does not unreasonably increase the risk from flooding.

OPS 1

The title boundary shared between the Council's Highway Reserve, 3 Digney Street Right of Way, the Sandy Bay Rivulet and the subject property must be remarked by a registered Land Surveyor and clearly marked on the ground prior to commencement of works on site.  All works (excluding the demolition of the car port) must only be undertaken within the subject property.

Reason for condition

To ensure development is contained within the subject private property.

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 an occupational licence for use of Hobart City Council highway reservation (e.g. outdoor seating, etc). Click here for more information.

NEW SERVICE CONNECTION

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

HABITABLE ROOM FLOOR LEVELS

The applicant is advised that s159 of the Building Act 2000 (and s3(2) of the Building Regulations 2016) states:

A person must not erect or place a building containing habitable rooms on land subject to flooding unless the floor level of each habitable room in the building is 300 millimetres or more above the prescribed designated flood level for that land. 

From current plans, it appears that the proposed floor level does not meet this.

Therefore the floor level may need to be raised in the building application.  Please be advised that an amendment to this permit will be required and no guarantee is given at this point that approval of such will be forthcoming.

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.

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.

NOISE REGULATIONS

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

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.

7.1.7   19 Allison Street, West Hobart - Partial Demolition and Alterations

PROCEDURAL MOTION

BRISCOE

That the matter be deferred for two weeks to enable conciliation between the applicant and the neighbours of 17 Allison Street, West Hobart.  

PROCEDURAL MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the matter be deferred for two weeks to enable conciliation between the applicant and the owner of 17 Allison Street, West Hobart.   

AYES

NOES

Deputy Lord Mayor Burnet

Briscoe

Harvey

Behrakis

Coats

8.1      Amendment PSA-18-2 - Hobart Interim Planning Scheme 2015 - 66 Summerhill Road Rezoning

BEHRAKIS

That the recommendation contained in the report of the Development Planner and the Director City Planning of 13 October 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:

1.    Pursuant to Section 34(1) (a) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council resolve to initiate an amendment to the Hobart Interim Planning Scheme 2015 to rezone the property at 66 Summerhill Road to Low Density Residential from General Residential, Environmental Living and Environmental Management, as indicated in the rezoning plan provided in Attachment A to item 8.1 of the Open City Planning Committee agenda of 19 October 2020, and to extend the Biodiversity Protection Area Overlay over the entire area rezoned to Low Density Residential.

2.    Pursuant to Section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council certify that the amendment to the Hobart Interim Planning Scheme 2015 PSA-18-2 meets the requirements of Section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the General Manager and the Deputy General Manager to sign the Instrument of Certification (marked as Attachment E to item 8.1 of the Open City Planning Committee agenda of 19 October 2020).

3.    Pursuant to Section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place Amendment PSA-18-2 to the Hobart Interim Planning Scheme 2015 on public exhibition for a 28 day period following certification.

4.    Council resolve to request the Minister for Planning to amend to the Southern Tasmania Regional Land Use Strategy 2010-2035 (STRLUS) to extend the Urban Growth Boundary to include the area of 66 Summerhill Road to be rezoned Low Density Residential.

8.2      Delegated Decisions Report (Planning)

BEHRAKIS

That the recommendation contained in the memorandum of the Director City Planning of 14 October 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

8.3      City Planning - Advertising Report

DUTTA

That the recommendation contained in the memorandum of the Director City Planning of 14 October 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

8.4      Monthly Building and Planning Statistics - 1 September - 30 September 2020

BEHRAKIS

That the recommendation contained in the memorandum of the Director City Planning of 14 October 2020, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

During the period 1 September 2020 to 30 September 2020, 69 building 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)     22 new dwellings to the value of $3,778,393; and

(iii)    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

2.      During the period 1 September 2019 to 30 September 2019, 42 building permits were issued to the value of $13,543,595 which included:

(i)      22 for extensions/alterations to dwellings to the value of $4,453,986;

(ii)     4 new dwellings to the value of $773,209; and

(iii)    2 major projects:

(a)     93 Elizabeth Street, Hobart - Alterations and Change of Use - $1,500,000;

(b)     160-162 Elizabeth Street, Hobart - New Building and Alterations - $6,600,000

In the twelve months ending 30 September 2020, 628 permits were issued to the value of $224,352,929; and

In the twelve months ending 30 September 20199, 635 permits were issued to the value of $318,201,388.

That the information be received and noted.

MOTION CARRIED

VOTING RECORD

Question:           Could the Director advise if there is any modelling or existing advice that can be provided in regards to the trade-off between greater density housing within the City versus more housing on the outskirts/urban sprawl and how that will impact on bushfire risk?

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

Question:         The City of Hobart's HIPS 2015 Planning Scheme states in Clause E6.7.2 - Design of Vehicular Accesses - that the objective is: "To ensure safe and efficient access for all users, including drivers, passengers, pedestrians and cyclists by locating, designing and constructing vehicle access points safely relative to the road network".

                          However, as the Bicycle Network has repeatedly brought to Council's attention previously, the current IPWEA engineering drawings for driveway crossovers are highly dangerous for people who ride bikes and use small wheeled vehicles. The Type KC mountable kerb (TSD-R14) can be constructed without the dangerous 10mm lip that the current LGAT/IPWEA engineering drawings prescribe, with a much better outcome for bicycles. For uses on driveways where significant numbers of users are likely to be on a bicycle and turning off the traffic lane into an entrance, it is unsafe to not amend the standard requirement to a zero lip or smooth/flush entrance.

What is the likelihood that this safety element - to use a 0mm lip on the driveway crossover to developments - could be part of standard requirements for driveways in development applications?

Additionally, could the Council take a leadership role to actively work to improve the TSD-R14 standard engineering drawings of LGAT in order to roll out safer conditions for bike riders across the State?

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

Question:      Given the number of inner city locations of applications with a focus on accommodation in the City coming before the Council, is the provision of bicycle parking for visitors something that can be reflected in the planning application process according to the Scheme?

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

Question:      Can the Director please advise how access to important sunlight can be protected in Development Applications considered for tall buildings in the inner city zones, where there is no public open space nearby?

                        Is the need for sunlight for those living or working in adjacent properties regarded as less important to those where there are protections from overshadowing?

Will the Planning Scheme Amendments which become active in November be likely to address some of these issues?

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