Minutes (Open Portion)

City Planning Committee Meeting

Page 2

21/3/2022

Minutes (Open Portion)

City Planning Committee Meeting

Page 3

21/03/2022

AYES

NOES

Briscoe

Harvey

Behrakis

Dutta

Coats

AYES

NOES

Behrakis

Briscoe

Harvey

Dutta

Coats

DUTTA

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 7 March 2022, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

Briscoe

Harvey

Dutta

Coats

Lord Mayor Reynolds

Minutes (Open Portion)

City Planning Committee Meeting

Page 20

21/03/2022

7.1.1   720 Sandy Bay Road, Sandy Bay - Alterations (Chimneys)

PROCEDURAL MOTION

BRISCOE

That the item be deferred to allow further consultation with the applicant.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the item be deferred to allow further consultation with the applicant.

7.1.2   30 Copley Road, Lenah Valley - Four Multiple Dwellings (One Existing, Three New) and Associated Works

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 10 March 2022, 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 four multiple dwellings (one existing, three new) and associated works, at 30 Copley Road, Lenah Valley 7008, for the reasons outlined in the officer’s report marked as item 7.1.2 of the Open City Planning Committee agenda of 21 March 2022 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 PLN­21­687 ­ 30 COPLEY ROAD LENAH VALLEY TAS 7008 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2021/01759­HCC dated 20/10/2021 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 2

Either:

a)      The balcony on the first floor of dwelling TH 3 must be screened to at least 1.5m above finished deck level and 33% uniform transparency, or otherwise designed, to minimise overlooking of habitable room windows of dwelling TH1, or,

b)      The sill height of the rumpus room window within the southern elevation of dwelling TH1 must be increased to a least 1.5m above finished floor level to minimise overlooking from the dwelling TH3 balcony.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement that demonstrate compliance either of the above requirements.  All work required by this condition must be undertaken in accordance with the approved revised plans.

Advice:

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

·          Screening for the TH 3 balcony may include the provision of a solid or opaque balustrade.

Reason for condition

To provide reasonable opportunity for privacy for dwellings.

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. 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.

SW 9

Prior to occupancy of the development, stormwater pre­treatment and detention for stormwater discharges from the development must be installed.

A stormwater management report and design must be submitted and approved 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 of the proposed treatment train, including final estimates of contaminant removal;

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

1.         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;

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

3.         the discharge rates and emptying times; and,

4.         all assumptions must be clearly stated.

3.         include a supporting maintenance plan, which specifies the required maintenance measures to check and ensure the ongoing effective operation of all systems, such as:

1.         inspection frequency;

2.         cleanout procedures;

3.         descriptions and diagrams of how the installed systems operate; and,

4.         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 2a

Prior to first occupation of the development, vehicular barriers compliant with the Australian Standard AS/NZS 1170.1:2002 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 Code 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

Further detailed designs are required for vehicle barriers. The detailed designs must identify the following:

1.         All requirements for Vehicle Crash Barriers Identified;

2.         Type of vehicle crash barriers proposed for the site with construction details.

This documentation must be submitted and approved as a condition endorsement, prior to the issue of any approval under the Building Act 2016.

The detailed designs must:

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

2.         be in accordance with the Australian Standard AS/NZS 1170.1:2002, if possible; and

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

The vehicle barriers must be installed in accordance with the approved detailed designs prior to first occupation.

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, a suitably qualified engineer must certify that the vehicle barriers have been installed in accordance with the design drawings approved by Condition ENG 2b.

Advice:

An example certificate is available on our website.

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 area must be constructed in accordance with the following documentation which forms part of this permit: Driveway Plan / DA­21­54425 / REV B / 24/09/2021 received by Council on the 11th of October 2021.

Any departure from that documentation and any works which are not detailed in the documentation must be either:

(a)     approved by the Director City Life, via a condition endorsement application; or

(b)     designed and constructed in accordance with Australian Standard AS/NZ 2890.1:2004.

The works required by this condition must be completed prior to first occupation.

Reason for condition

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

ENG 3c

Prior to first occupation, a suitably qualified engineer must certify that the access driveway and parking area has been constructed in accordance with design drawings submitted on the 11th of October "Driveway Plans" referenced in ENG 3a.

Advice:

We strongly encourage you to speak to your engineer before works begin so that you can discuss the number and nature of the inspections they will need to do during the works in order to provide this certification.  It may be necessary for a surveyor to also be engaged to ensure that the driveway will be constructed as approved.

The reason this condition has been imposed as part of your planning permit is that the driveway is outside the Australian Standard gradients or design parameters.  If the driveway is not constructed as it has been approved then this may mean that the driveway will either be unsafe or will not function properly.

An example certificate is available on our website.

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 / 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 to be used on the site is Eight (8).

All parking spaces (excluding those within the garages) must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1

2004, prior to first occupation.

Reason for condition

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

ENG 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 s3

Any excavation and earth­retaining structures (i.e. embankments, cuttings, retaining walls) and footings must be contained wholly within the property boundary, be adequately drained and must not undermine the stability and integrity of the highway reservation or neighbouring properties. Detailed design drawings and structural certificates must be submitted and approved as a Condition Endorsement prior to the issuing of any building approval to satisfy the above requirement. Detailed design and structural certificates must:

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

2.         Be designed in accordance with AS 4678-2002, Earth­retaining Structures;

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

4.         Take into account and reference accordingly any Geotechnical findings;

5.         Detail any mitigation measures required; and

6.         Detail the design and location of the excavation, earth­retaining structures and footings adjacent to the highway reservation and property boundaries;

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:

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 the stability and integrity of the Council’s highway reservation and neighbouring properties are not compromised by the development.

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:

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

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.

NEW SERVICE CONNECTION

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

STORM WATER

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

WORK WITHIN THE HIGHWAY RESERVATION

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

FEES AND CHARGES

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

7.1.3   Amendment PSA-21-4 - Hobart Interim Planning Scheme 2015 - 21, 21B and part of 21A Enterprise Road, Sandy Bay Rezoning

BRISCOE

That the recommendation contained in the report of the Acting Director City Life of 8 March 2022, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   1.    Pursuant to section 34(1)(b) of the former provisions of the Land Use Planning and Approvals Act 1993, Council resolve to initiate an amendment to the Hobart Interim Planning Scheme 2015 to rezone the properties at 21, 21B and part of 21A Enterprise Road, Sandy Bay from General Residential to Low Density Residential, and apply the Biodiversity Protection Area overlay under the Biodiversity Code to the site with the exception of the right of way, as indicated in the rezoning plan marked as Attachment A to item 7.1.3 of the Open City Planning Committee agenda of 21 March 2022.

            2.    Pursuant to section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, Council certify that amendment PSA-21-4 to the Hobart Interim Planning Scheme 2015 meets the requirements of section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the Chief Executive Officer and Lord Mayor to sign the Instrument of Certification marked as Attachment D to item 7.1.3 of the Open City Planning Committee agenda of 21 March 2022.

            3.    Pursuant to section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place amendment PSA-21-4 to the Hobart Interim Planning Scheme 2015 on public exhibition for a 28 day period following certification.

Attachments

a    Deputation Supporting Information - Jocelyn McPhie ⇨  

7.1.4   Short Stay Accommodation - Proposed Amendments to the Hobart Interim Planning Scheme

BRISCOE

That the recommendation contained in the report of the Manager City Futures and the Acting Director City Life of 16 March 2022, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   1.    Council endorse the draft amendment to the Use Table in each of the General Residential Zone, the Inner Residential Zone, and the Low Density Residential Zone for inclusion in the Hobart Interim Planning Scheme 2015 to restrict entire home Visitor Accommodation use (excluding for ‘ancillary dwellings’) in specified zones of the Hobart Interim Planning Scheme 2015 as detailed in Attachment A to item 7.1.4 of the Open City Planning Committee agenda of 21 March 2022.

            2.    Under section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, Council certify that amendment PSA-22-1 to the Hobart Interim Planning Scheme 2015 meets the requirements of section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the Chief Executive Officer and Lord Mayor to sign the Instrument of Certification marked as Attachment A to item 7.1.3 of the Open City Planning Committee agenda of 21 March 2022.

            3.    Under section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place the amendment to the Hobart Interim Planning Scheme 2015 on public exhibition for a 28 day period.

8.1      Monthly Building Statistics - 1 February - 28 February 2022

BRISCOE

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

During the period 1 February 2022 to 28 February 2022, 53 permits were issued to the value of $17,069,738 which included:

(i)      32 for extensions/alterations to dwellings to the value of $7,623,705;

(ii)     6 new dwellings to the value of $3,166,790;

(iii)    0 new multiple dwellings to the value of $ Nil; and

(iv)    No major projects.

During the period 1 February 2021 to 28 February 2021, 46 permits were issued to the value of $17,062,645 which included:

(i)      32 for extensions/alterations to dwellings to the value of $8,743,350;

(ii)     5 new dwellings to the value of $2,128,149;

(iii)    2 new multiple dwellings to the value of $565,000 and

(iv)    2 major projects:

(a) 431 Elizabeth Street, North Hobart - New Commercial Building - $3,950,000;

(b) 59 Sandy Bay Road, Sandy Bay - New Commercial Building - $3,000,000.

In the twelve months ending February 2022, 607 permits were issued to the value of $261,432,979; and

In the twelve months ending February 2021, 655 permits were issued to the value of $188,166,806.

8.2      Monthly Planning Statistics - 1 February - 28 February 2022

BRISCOE

That the recommendation contained in the memorandum of the Director City Life of 16 March 2022, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

During the period 1 February 2022 to 28 February 2022, 47 permits were issued to the value of $11,562,440 which included:

(i)      5 new single dwellings to the value of $2,038,470;

(ii)     10 multiple dwellings to the value of $6,000,000;

(iii)    19 extensions/alterations to dwellings to the value of $2,374,500;

(iv)   7 extensions/alterations to commercial properties to the value of $943,140;

(v)     1 major project:

(a) 345 Sandy Bay Road, Sandy Bay - Demolition, New Building for 7 Multiple Dwellings, and Associated Works - $5,000,000;

During the period 1 February 2021 to 28 February 2021, 52 permits were issued to the value of $10,987,100 which included:

(i)      10 new single dwellings to the value of $3,680,000;

(ii)     2 multiple dwellings to the value of $420,000;

(iii)    28 extensions/alterations to dwellings to the value of $6,025,000;

(iv)   9 extensions/alterations to commercial properties to the value of $862,000;

(v)     No major projects

In the twelve months ending February 2022, 733 permits were issued to the value of $285,812,960; and

In the twelve months ending February 2021, 774 permits were issued to the value of $267,218,618

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

8.3      City Planning - Advertising Report

BRISCOE

That the recommendation contained in the memorandum of the Acting Director City Life of 8 March 2022, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

8.4      Delegated Decision Report (Planning)

BRISCOE

That the recommendation contained in the report of the Acting Director City Life of 15 March 2022, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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

9.1      Committee Actions - Status Report

DUTTA

That the information be received and noted.

MOTION CARRIED

VOTING RECORD

10.1    Alderman Briscoe - UTas Development - Old Forestry Complex

Question:    Can the Director advise if there is a way that the comment or representation period can be extended for the development application for more that the stipulated statutory period?

                     Would late representations be accepted for a further 5 day period?

Answer:       The Director City Life advised that there is a possibility to extend the representation period to a maximum of 28 days however it has already been advertised. We would require the consent of the applicant and as we stand there is scope and limited opportunity to accept late representations up to a period of 5 days.

AYES

NOES

Behrakis

Briscoe

Harvey

Dutta

Coats

Lord Mayor Reynolds