Agenda of City Planning Committee Meeting

Agenda (Open Portion)

City Planning Committee Meeting

Page 6

25/7/2022

City Planning Committee Meeting (Open Portion) held Monday, 25 July 2022 at 5:30 pm in the Council Chamber, Town Hall.

This meeting of the City Planning Committee is held in accordance with a Notice issued by the Premier on 31 March 2022 under section 18 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020.

The title Chief Executive Officer is a term of reference for the General Manager as appointed by Council pursuant s.61 of the Local Government Act 1993 (Tas).

COMMITTEE MEMBERS

Deputy Lord Mayor Councillor H Burnet (Chairman)

Alderman J R Briscoe

Councillor W F Harvey

Alderman S Behrakis

Councillor M Dutta

Councillor W Coats

NON-MEMBERS

Lord Mayor Councillor A M Reynolds

Alderman M Zucco

Alderman Dr P T Sexton

Alderman D C Thomas

Councillor J Fox

Councillor Dr Z Sherlock

Apologies:

Leave of Absence: Nil.

1. Co-Option of a Committee Member in the event of a vacancy

2. Confirmation of Minutes

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 4 July 2022 and the Special City Planning Committee meeting held on Monday, 11 July 2022, are submitted for confirming as an accurate record.

3. Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

Recommendation

That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer.

4. Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

Members of the Committee are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.

5. Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

In the event that the Committee transfer an item to the closed portion, the reasons for doing so should be stated.

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

6. Planning Authority Items - Consideration of Items With Deputations

In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer is to arrange the agenda so that the planning authority items are sequential.

In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.

Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.

RECOMMENDATION

That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.

Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 100

25/7/2022

7.2 Applications under the Hobart Interim Planning Scheme 2015

7.2.1 36 Federal Street, North Hobart - Dwelling

PLN-21-661 - FILE REF: F22/71559

Address: 36 Federal Street, North Hobart

Proposal: Dwelling

Expiry Date: 25 July 2022

Extension of Time: Not applicable

Author: Tristan Widdowson

REcommendation

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 dwelling at 36 Federal Street, North Hobart 7000, for the reasons outlined in the officer’s report 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 PLN21661 36 FEDERAL STREET NORTH HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 19

Cranes or other temporary structures used in the construction of the approved development must not create an obstruction or hazard for the operation of aircraft.

Advice:

Further advice about whether the development will or will not create an obstruction or hazard can be obtained by contacting the Civil Aviation Safety Authority, the Department of Health and Human Services (rhhfmeadmin@ths.tas.gov.au, (03) 6166 8832) and the helipad/helicopter operator (Rotorlift, chiefpilot@rotorlift.com.au, (03) 6248 4117

Please be aware of the possibility of downdraft conditions in the Royal Hobart Hospital Heli Airspace / flightpath area from operating helicopters on any crane lifts when any crane operation is taking place and consider this in Job Safety Analysis / Safe Work Method Statements.

Please consider the use of boom illumination or warning lights when operating in the Royal Hobart Hospital Heli Airspace / flightpath area as part of Job Safety Analysis / Safe Work Method Statements.

Reason for condition

To ensure that buildings do not interfere with safe aircraft operations in the vicinity of the Royal Hobart Hospital helipad.

PLN s1

Additional private open space must be provided for the sole use of the dwelling. It must be located on the ground level with a minimum area of 10m2 and is to be sited between 'bedroom 2' (as per the Final Planning Documents) and the rear wall of the existing building on the site.

Reason for condition

To ensure the dwelling has sufficient private open space

ENG sw1

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

Any private or private shared stormwater system passing through thirdparty land must have sufficient receiving capacity.

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 3b

Detailed designs of the parking area must be submitted and approved via a Condition Endorsement, prior to the issue of any approval under the Building Act 2016 or commencement of works (whichever occurs first). The detailed designs submitted must:

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

2. be in general accordance with the Australian Standard AS/NZS 2890.1:2004,

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

4. show typical sections, dimensions, levels, any gradients & transitions, and other details as Council deem necessary to satisfy the above requirement.

Prior to first occupation or commencement of use (whichever occurs first), the parking area must be constructed in accordance with the approved detailed designs.

Reason for condition

To ensure the safe and efficient use of the approved parking area, and compliance with the relevant the Australian Standards.

ENG 3c

Prior to first occupation or commencement of use (whichever occurs first), a suitably qualified engineer must certify that the parking area has been constructed in accordance with detailed designs approved under Condition ENG 3b.

Advice:

An example certificate is available on our website.

Reason for condition

To ensure the safe and efficient use of the approved parking area, and compliance with the relevant the Australian Standards.

ENG 4

Prior to first occupation or commencement of use (whichever occurs first), the parking area approved by this permit must be constructed to a sealed standard (spray seal, asphalt/bitumen, concrete, pavers, or equivalent Council approved) and surface drained to the Council's stormwater infrastructure.

Reason for condition

To ensure the safety of users of the driveway, turning areas, spaces etc., 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 (offstreet) car parking spaces approved for use on site by this permit is Two (2).

Reason for condition

To ensure the provision of parking for the use is safe and efficient, and explicit clarification of the parking provisions approved.

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.

HER 17a

The colour of the proposed garage door must not contrast with the proposed face brick EF02 (as shown on drawing DA26, Rev A, dated 9/9/21). It must be of a similar light colour tone as the proposed face brick.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing the proposed colour in accordance with the above requirement.

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

Advice:

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

Reason for condition

To ensure that development at a heritage place/precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER 17c

The external colours, materials and finishes of the approved development must be substantially in accordance with the approved plans. Any substantial change in the colours, materials and finishes requires further approval.

Reason for condition

To ensure that development at a heritage place/precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER 21a

The new driveway immediately adjacent to the heritage listed masonry house must be constructed to the following standards:

· There must be a permeable, but trafficable surface treatment immediately adjacent to and along the full length of the heritage building’s side wall, no less than 150mm wide,

· The depth of the permeable surface must be equal to the depth of the new driveway and subgrade beneath,

· The new driveway surface must be sloped/ graded to channel surface water away from the listed building, and

· The level of the permeable surface treatment and driveway must be lower than subfloor vents (if any) and internal floor levels.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing levels, depth, setback from the house wall, and type and colour of the permeable surface treatment.

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

Advice:

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

Reason for condition

To avoid the creation of conditions conducive to rising damp in the heritage building and to ensure the visual character of the driveway is in keeping with the historic character of the place.

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.

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.

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.

Attachment a: PLN-21-661 - 36 FEDERAL STREET NORTH HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-21-661 - 36 FEDERAL STREET NORTH HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-21-661 - 36 FEDERAL STREET NORTH HOBART TAS 7000 - Planning Referral Officer Cultural Heritage Report ⇩

Attachment d: PLN-21-661 - 36 FEDERAL STREET NORTH HOBART TAS 7000 - 38 Federal Street Shadow Diagrams ⇩

Item No. 7.2.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 204

25/7/2022

7.2.2 1 Ellerslie Road, Battery Point - Alterations

PLN-22-322 - FILE REF: F22/71001

Address: 1 Elllerslie Road, Battery Point

Proposal: Alterations

Expiry Date: 22 August 2022

Extension of Time: Not applicable

Author: Mark O’Brien

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for Alterations at 1 Ellerslie Road, Battery Point 7004, for the reasons outlined in the officer’s report 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 PLN22322 1 ELLERSLIE ROAD BATTERY POINT TAS 7004 Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG sw1

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

Advice:

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

Reason for condition

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

ENG 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.

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.

HER 6

All onsite excavation and disturbance must be monitored. 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 be engaged to attend the site and 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 2. above must be provided to Council within 30 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.

HER 17a

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved to demonstrate that the palette of exterior colours, materials and finishes reflect the palette of colours, materials and finishes within the place.

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit. For additional advice regarding appropriate colours, materials and finishes, contact Council's Cultural Heritage Officer by calling 6238 2715.

Reason for condition

To ensure that development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

ADVICE

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

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).

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.

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.

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.

Attachment a: PLN-22-322 - 1 ELLERSLIE ROAD BATTERY POINT TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-22-322 - 1 ELLERSLIE ROAD BATTERY POINT TAS 7004 - CPC Agenda Documents ⇩

Attachment c: PLN-22-322 - 1 ELLERSLIE ROAD BATTERY POINT TAS 7004 - Planning Referral Officer Cultural Heritage Report ⇩

Item No. 7.2.3

Agenda (Open Portion)

City Planning Committee Meeting

Page 259

25/7/2022

7.2.3 1/2-4 Flinders Lane, Sandy Bay and Common Land of Parent Title - Change of Use to Visitor Accomodation

PLN-22-382 - FILE REF: F22/71008

Address: 1 / 2-4 Flinders Lane, Sandy Bay and Common Land of Parent Title

Proposal: Change of Use to Visitor Accommodation

Expiry Date: 10 September 2022

Extension of Time: Not applicable

Author: Mark O’Brien

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for change of use to visitor accommodation at Unit 1, 24 Flinders Lane, Sandy Bay 7005, for the reasons outlined in the officer’s report 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 PLN22382 1/24 FLINDERS LANE SANDY BAY TAS 7005 Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 18

Prior to the commencement of the approved use, a management plan for the operation of the visitor accommodation must be submitted and approved as a Condition Endorsement, to the satisfaction of the Council's Director City Life. The management plan must include measures to limit, manage and mitigate unreasonable impacts upon the amenity of long term residents. These measures must include, but are not limited to, the following requirements:

1. To limit, manage, and mitigate noise generated as a result of the visitor accommodation.

2. To limit, manage, and mitigate behaviour issues caused as a result of the visitor accommodation.

3. To maintain the security of the building where the visitor accommodation would be located, including managing and/or limiting access to shared areas and facilities.

4. To specify the maximum permitted occupancy of the visitor accommodation.

5. To specify that guests must utilise the site for the parking of vehicles, that the maximum number of vehicles to be parked on the site is one, and detail where the parking spaces are located and how the spaces are to be accessed. Additionally, at the booking stage, guests should be discouraged from bringing more than one vehicle and the parking of any additional vehicles in nearby streets should also be discouraged.

6. To provide a name and contact phone number of a person who will respond to any complaints regarding behaviour of guests. If the property is sold the Visitor Accommodation Management Plan (VAMP) must be updated with new contact details.

Once approved, the management plan must be implemented prior to the commencement of the approved use and must be maintained for as long as the visitor accommodation is in operation. The VAMP must be provided to adjacent property owners and occupiers within 14 days of being approved. If the property is sold, the updated VAMP (in accordance with 6. above) must be provided to adjacent property owners and occupiers within 10 business days of settlement.

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 visitor accommodation does not cause an unreasonable loss of residential amenity.

ADVICE

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

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).

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.

VISITOR ACCOMMODATION

More information on visitor accommodation, including when building approval is required, can be found here.

In all cases, check with your insurance company that you have adequate cover.

If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.

If you have a spa or a pool at your property then you are required to test for microbiological quality and chemical parameters on a monthly basis, under the Public Health Act 1997. If you have any questions about this then please call our Environmental Health team on 6238 2711.

If you are providing food for consumption on the property, you may require a food business registration in accordance with the Food Act 2003. Click here for more information, or call our Environmental Health team on 6238 2711.

Visitor accommodation is also considered to be a commercial use and also not eligible to residential parking permits. Under the current policy for the issuing of residential parking permits, the proposed change of use to visitor accommodation would not entitle the property to a residential parking permit, or a transferable “bed and breakfast” parking permit.

Attachment a: PLN-22-382 - 1/2-4 FLINDERS LANE SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-22-382 - 1/2-4 FLINDERS LANE SANDY BAY TAS 7005 - CPC Agenda Documents ⇩

Item No. 7.2.4

Agenda (Open Portion)

City Planning Committee Meeting

Page 324

25/7/2022

7.2.4 8 - 10 Downie Street, South Hobart - Change of Use to Visitor Accommodation

PLN-22-329 - FILE REF: F22/71493

Address: 8-10 Downie Street, South Hobart

Proposal: Change of Use to Visitor Accommodation

Expiry Date: 2 August 2022

Extension of Time: Not applicable

Author: Victoria Maxwell

REcommendation

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 Change of Use to Visitor Accommodation at 810 Downie Street South Hobart TAS 7004 for the reasons outlined in the officer’s report 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 PLN22329 810 DOWNIE STREET SOUTH HOBART TAS 7004 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 18

1. To limit, manage, and mitigate noise generated as a result of the visitor accommodation.

2. To limit, manage, and mitigate behavior issues caused as a result of the visitor accommodation.

3. To maintain the security of the building where the visitor accommodation would be located, including managing and/or limiting access to shared areas and facilities.

4. To specify the maximum permitted occupancy of the visitor accommodation.

5. To specify that guests must utilise the site for the parking of vehicles, that the maximum number of vehicles to be parked on the site (1), and detail where the parking space is located and how the space is to be accessed. Additionally, at the booking stage, guests should be discouraged from bringing more than 1 vehicle and the parking of any additional vehicles in nearby streets should also be discouraged.

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 visitor accommodation does not cause an unreasonable loss of residential amenity.

ENG 5

The number of car parking spaces approved by this permit for use on site, under the approved use class definition (Visitor Accommodation), is One (1).

Reason for condition

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

ADVICE

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

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).

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.

VISITOR ACCOMMODATION

More information on visitor accommodation, including when building approval is required, can be found here.

In all cases, check with your insurance company that you have adequate cover.

If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.

Attachment a: PLN-22-329 - 8-10 DOWNIE STREET SOUTH HOBART TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-22-329 - 8-10 DOWNIE STREET SOUTH HOBART TAS 7004 - CPC Agenda Documents ⇩

Item No. 7.2.5

Agenda (Open Portion)

City Planning Committee Meeting

Page 360

25/7/2022

7.2.5 1/35 Valley Street, West Hobart & Common Land of Parent Title & 37 Valley Street & Lot 0/40 Valley Street, West Hobart - Change of Use to Visitor Accommodation

PLN-22-243 - FILE REF: F22/71513

Address: 1/35 Valley Street, West Hobart & Common Land Of Parent Title & 37 Valley Street & Lot 0/40 Valley Street, West Hobart

Proposal: Change of Use to Visitor Accommodation

Expiry Date: 26 August 2022

Extension of Time: Not applicable

Author: Victoria Maxwell

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for change of use to visitor accommodation at 1/35 Valley Street West Hobart TAS 7000 for the reasons outlined in the officer’s report 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 PLN22243 1/35 VALLEY STREET WEST HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 18

1. To limit, manage, and mitigate noise generated as a result of the visitor accommodation.

2. To limit, manage, and mitigate behaviour issues caused as a result of the visitor accommodation.

3. To maintain the security of the building where the visitor accommodation would be located, including managing and/or limiting access to shared areas and facilities.

4. To specify the maximum permitted occupancy of the visitor accommodation.

5. To specify that guests must utilise the site for the parking of vehicles, that the maximum number of vehicles to be parked on the site (2), and detail where the parking spaces are located and how the spaces are to be accessed. Additionally, at the booking stage, guests should be discouraged from bringing more than 2 vehicles and the parking of any additional vehicles in nearby streets should also be discouraged.

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 visitor accommodation does not cause an unreasonable loss of residential amenity.

ENG 5

The number of car parking spaces approved to be used onsite for Unit 1 is two (2). One of the approved car parking spaces is located within the garage for Unit 1. The second approved car parking space is located within the driveway and is in a jockey parking arrangement with the carparking space located within the garage for Unit 1.

Reason for condition

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

ADVICE

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.

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.

FEES AND CHARGES

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

VISITOR ACCOMMODATION

More information on visitor accommodation, including when building approval is required, can be found here.

In all cases, check with your insurance company that you have adequate cover.

If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.

Attachment a: PLN-22-243 - 1/35 VALLEY STREET WEST HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-22-243 - 1/35 VALLEY STREET WEST HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-22-243 - 1/35 VALLEY STREET WEST HOBART TAS 7000 - Applicant Confirms Third Parking Space to be Deleted ⇩

Item No. 8.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 444

25/7/2022

REPORT TITLE: State Planning Provisions Review - Feedback on Scoping Paper

REPORT PROVIDED BY: Manager City Futures

Director City Life

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to provide feedback on the Tasmanian Government’s scope of the State Planning Provisions (SPPs) review.

1.1.1. The report benefits the community by encouraging the SPPs to be clear and comprehensive and to deliver good planning outcomes.

2. Report Summary

2.1. The proposal is to endorse a submission (Attachment A) in response to the Tasmanian Government’s invitation to provide feedback on the scope of the SPPs review.

2.2. The SPPs are the consistent set of planning rules that, along with the Local Provisions Schedules (LPSs), make up the Tasmanian Planning Scheme.

2.3. The provisions of the Land Use Planning and Approvals Act 1993 (LUPAA) require the SPPs to be reviewed every 5 years. The SPPs came into effect in 2017 and are therefore due for this regular review.

2.4. The proposed submission includes the following main points:

2.4.1. All elements of the SPPs should be within the scope of the review, and no part should be omitted from the review.

2.4.2. The scope of the review should not exclude legislative change where required to adequately support the delivery of outcomes.

2.4.3. Exemptions require a comprehensive review to ensure matters that should be considered by the scheme are not exempt, and that matters that don’t require assessment are exempt.

2.4.4. A thorough review of the residential standards is supported. The provisions do not currently encourage good outcomes.

2.4.5. The Local Historic Heritage Code is considered deficient in many areas. The code is lengthy, not consistent and poorly drafted. It requires considerable redrafting to ensure it is consistent with current and good heritage practice and include references to the Burra Charter.

2.4.6. Consider potential mechanisms and issues for ensuring that development applications that propose improved access facilities to meet the equal access requirements of the National Building Code are taken into account in assessments under the Local Historic Heritage Code or the Historic Cultural Heritage Act 1995.

2.4.7. Significant Trees should be covered by a separate code, not the Historic Heritage Code, as there are many trees that are listed for reasons other than historic heritage significance.

2.4.8. The Natural Assets Code does not provide adequate protection of natural values through exemption of the code in a range of zones.

2.4.9. The Natural Hazards codes require significant review.

2.4.10. The parking rates under the Parking and Sustainable Transport Code should be reviewed and updated.

2.4.11. A Stormwater Management Code should be reintroduced.

2.4.12. There are a number of terms that would benefit from having definitions.

2.5. It is recommended that Council endorse the proposed submission in Attachment A.

3. Recommendation

That:

1. Council endorse the feedback on the scope of the State Planning Provisions review in Attachment A for submission to the Tasmanian Government.

4. Background

4.1. The Tasmanian Government has released a scoping paper on the draft SPPs for public comment (Attachment B).

4.2. The SPPs are the consistent set of planning rules (including the exemptions, administrative provisions, 23 zones and 16 codes) that make up the statewide part of the new Tasmanian Planning Scheme. The Tasmanian Planning Scheme is completed by the Local Provisions Schedules (LPSs), which set specific local rules for each municipal area.

4.3. The SPPs have no practical effect until a LPS is in effect in a municipal area. As the Hobart LPS is not yet in effect, the SPPs are not yet in operation in Hobart.

4.4. The SPPs are required to be reviewed every 5 years under section 30T of LUPAA.

4.5. The SPPs came into effect on 2 March 2017 and are therefore due for review.

4.6. The SPP review will occur in two stages, beginning with the current consultation phase on the scoping of the review which will assist in identifying key issues that require review. Following this stage, separate projects will be initiated to investigate these issues, and the SPPs will then be amended.

4.7. The second phase of the review is to ensure the SPPs are consistent with the Tasmanian Planning Policies (TPPs) once they are implemented (see diagram below).

4.8. Some of the issues raised during consultation may need to be addressed after the TPPs are finalised, and others will be able to be amended in the short-term.

4.9. Further information can be found at the Tasmanian Government planning reform website: https://planningreform.tas.gov.au/planning-reforms-and-reviews/review-of-the-state-planning-provisions.

4.10. While the general deadline for this round of feedback is 29 July 2022, an extension has been granted until 5 August 2022 in order for this report to be considered by full Council.

5. Proposal and Implementation

5.1. The proposal is that Council endorse feedback on the scope of a review of the SPPs (Attachment A) for submission to the Tasmanian Government.

5.2. The scoping paper (Attachment B) suggests the following questions for consideration at this stage of the review:

· Which parts of the SPPs do you think work well?

· Which parts of the SPPs do you think could be improved?

· What improvements do you think should be prioritised?

· Are there any requirements that you don’t think should be in the SPPs?

· Are there additional requirements that you think should be included in the SPPs?

· Are there any issues that have previously been raised on the SPPs that you agree with or disagree with?

· Are there any of the issues summarised in the Review of Tasmania’s Residential Development Standards – Issues Paper that you agree or disagree with?

5.3. The Scoping Paper further identifies what will not be within the scope of the review, specifically:

· Local Provisions Schedules;

· Regional Land Use Strategies;

· State Policies; or

· The broader planning framework within LUPAA and associated legislation.

5.4. The proposed feedback submission (Attachment A) includes comments from various functional areas of the City of Hobart.

5.5. The main issues raised include:

5.5.1. All elements of the SPPs should be within the scope of the review, and no part should be omitted from the review.

5.5.2. The scope of the review should not exclude legislative change where required to adequately support the delivery of outcomes.

5.5.3. Exemptions require a comprehensive review to ensure matters that should be considered by the scheme are not exempt, and that matters that don’t require assessment are exempt.

5.5.4. A thorough review of the residential standards is supported. The provisions do not currently encourage good outcomes.

5.5.5. The Local Historic Heritage Code is considered deficient in many areas. The code is lengthy, not consistent and poorly drafted. It requires considerable redrafting to ensure it is consistent with current and good heritage practice and include references to the Burra Charter.

5.5.6. Consider potential mechanisms and issues for ensuring that development applications that propose improved access facilities to meet the equal access requirements of the National Building Code are taken into account in assessments under the Local Historic Heritage Code or the Historic Cultural Heritage Act 1995.

5.5.7. Significant Trees should be covered by a separate code, not the Historic Heritage Code, as there are many trees that are listed for reasons other than historic heritage significance.

5.5.8. The Natural Assets Code does not provide adequate protection of natural values through exemption of the code in a range of zones.

5.5.9. The Natural Hazards codes require significant review.

5.5.10. The parking rates under the Parking and Sustainable Transport Code should be reviewed and updated.

5.5.11. A Stormwater Management Code should be reintroduced.

5.5.12. There are a number of terms that would benefit from having definitions.

5.6. Many of the issues raised were also raised in previous submissions in response to the initial 2016 consultation on the SPPs and in response to the introduction of Planning Directive 8, which inserted exemptions and residential provisions from the SPPs into interim schemes.

5.7. It is proposed that the Tasmanian Government be advised that these previous submissions are generally still relevant, and should be considered again as part of the SPP review, in addition to the submission in Attachment A.

5.8. It is recommended that the submission to the Tasmanian Government provided in Attachment A be endorsed.

6. Strategic Planning and Policy Considerations

6.1. The proposed submission is consistent with the objectives of the Capital City Strategic Plan 2019-2029, in particular with the following outcomes:

6.1.1. Hobart keeps a strong sense of identity, even as the city changes.

6.1.2. Hobart’s cityscape reflects the heritage, cultural and natural environment that make it special.

6.1.3. In City decision-making, we consider how different aspects of Hobart life connect and contribute to sense of place.

6.1.4. Hobart communities are active, healthy and engaged in lifelong learning.

6.1.5. Hobart communities are safe and resilient, ensuring people can support one another and flourish in times of hardship.

6.1.6. Hobart is a creative and cultural capital where creativity is a way of life.

6.1.7. Hobart’s economy reflects its unique environment, culture and identity.

6.1.8. Hobart’s economy is strong, diverse and resilient.

6.1.9. An accessible and connected city helps maintain Hobart’s pace of life.

6.1.10. Hobart has effective and environmentally sustainable transport systems.

6.1.11. The natural environment is part of the city and biodiversity is preserved, secure and flourishing.

6.1.12. Hobart is a city with renewable and ecologically sustainable energy, waste and water systems.

6.1.13. Hobart is responsive and resilient to climate change and natural disasters.

6.1.14. Hobart has a diverse supply of housing and affordable homes.

6.1.15. Development enhances Hobart’s unique identity, human scale and built heritage.

6.1.16. Infrastructure and services are planned, managed and maintained to provide for community wellbeing.

6.1.17. Community involvement and an understanding of future needs help guide changes to Hobart’s built environment.

6.1.18. Strong partnerships and regional collaboration make Hobart a thriving capital city.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. None.

7.2. Impact on Future Years’ Financial Result

7.2.1. None.

7.3. Asset Related Implications

7.3.1. None.

8. Legal, Risk and Legislative Considerations

8.1. Any amendments to the SPPs will be undertaken in accordance with the requirements of LUPAA.

9. Environmental Considerations

9.1. Environmental considerations are taken into account in the proposed submission, including protection of vegetation, climate change, and management of environmental hazards.

10. Social and Customer Considerations

10.1. The wellbeing of the community is considered in the feedback on the SPPs.

11. Marketing and Media

11.1. There are no marketing or branding implications of this proposal.

12. Community and Stakeholder Engagement

12.1. No engagement by the City is necessary as this report responds to a proposal by the Tasmanian Government.

13. Delegation

13.1. Delegation rests with Council.

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

Sandra Hogue

Manager City Futures

Neil Noye Signature

Neil Noye

Director City Life

Date: 18 July 2022

File Reference: F22/69146

Attachment a: Proposed Submission ⇩

Attachment b: State Planning Provisions Review Scoping Paper ⇩

Item No. 10.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 506

25/7/2022

10. Responses To Questions Without Notice

Regulation 29(3) Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10

The Chief Executive Officer reports:-

“In accordance with the procedures approved in respect to Questions Without Notice, the following responses to questions taken on notice are provided to the Committee for information.

The Committee is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairman is not to allow discussion or debate on either the question or the response.”

10.1 Short Stay Accommodation- Scheme Amendment

File Ref: F22/45040; 13-1-10

Memorandum of the Director City Life of 8 July 2022.

10.2 Short Stay Accommodation - Call In

File Ref: F22/45042; 13-1-10

Memorandum of the Director City Life of 15 July 2022.

10.3 Planning Process - Ethics

File Ref: F22/45034; 13-1-10

Memorandum of the Director City Life of 15 July 2022.

10.4 UTas Sandy Bay Rezoning - Request for Further Information

File Ref: F22/58615; 13-1-10

Memorandum of the Director City Life of 20 July 2022.

10.5 Social - Affordable Housing

File Ref: F22/58623; 13-1-10

Memorandum of the Director City Life of 20 July 2022.

10.6 Development Applications - Residential

File Ref: F22/68478; 13-1-10

Memorandum of the Director City Life of 18 July 2022.

10.7 Development Applications - Refusals Residential

File Ref: F22/68482; 13-1-10

Memorandum of the Director City Life of 20 July 2022.

10.8 Development Applications - Withdrawn

File Ref: F22/68488; 13-1-10

Memorandum of the Director City Life of 20 July 2022.

10.9 Development Applications - Withdrawn / Reasons

File Ref: F22/68497; 13-1-10

Memorandum of the Director City Life of 18 July 2022.

10.10 Development Applications - Withdrawn / Subsequently Approved

File Ref: F22/68503; 13-1-10

Memorandum of the Director City Life of 18 July 2022.

10.11 Property Ownership - International Owners

File Ref: F22/68631; 13-1-10

Memorandum of the Director City Life of 20 July 2022.

10.12 Property Ownership - Interstate Owners

File Ref: F22/68645; 13-1-10

Memorandum of the Director City Life of 20 July 2022.

10.13 Short Stay Accommodation - Insurance

File Ref: F22/68650; 13-1-10

Memorandum of the Director City Life of 19 July 2022.

That the information be received and noted.

Delegation: Committee

People	We care about people – our community, our customers and colleagues.
Teamwork	We collaborate both within the organisation and with external stakeholders drawing on skills and expertise for the benefit of our community.
Focus and Direction	We have clear goals and plans to achieve sustainable social, environmental and economic outcomes for the Hobart community.
Creativity and Innovation	We embrace new approaches and continuously improve to achieve better outcomes for our community.
Accountability	We are transparent, work to high ethical and professional standards and are accountable for delivering outcomes for our community.