Agenda of City Planning Committee Meeting

Agenda (Open Portion)

City Planning Committee Meeting

Page 5

28/6/2021

City Planning Committee Meeting (Open Portion) held Monday, 28 June 2021 at 5:00 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 3 April 2020 under section 18 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020.

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

COMMITTEE MEMBERS

Deputy Lord Mayor Burnet (Chairman)

Briscoe

Harvey

Behrakis

Dutta

Coats

NON-MEMBERS

Lord Mayor Reynolds

Zucco

Sexton

Thomas

Ewin

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 Tuesday, 15 June 2021 and the Special City Planning Committee meeting held on Monday, 21 June 2021, 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. 7.1.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 10

28/6/2021

7.1 Applications under the Sullivans Cove Planning Scheme 1997

7.1.1 1/8 Brooke Street, Hobart and Adjacent Road Reserve - Outdoor Dining, Associated Furniture and Alterations

pln-20-902 - FILE REF: F21/60455

Address: 1/8 Brooke Street, Hobart and Adjacent Road Reserve

Proposal: Outdoor Dining, Associated Furniture and Alterations

Expiry Date: 9 July 2021

Extension of Time: Not applicable

Author: Tristan Widdowson

REcommendation

That pursuant to the Sullivans Cove Planning Scheme 1997, the City Planning Committee, in accordance with the delegations contained in its terms of reference, approve the application for outdoor dining, associated furniture and alterations at 1 / 8 Brooke Street, Hobart and adjacent road reserve 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 PLN20902 1 8 BROOKE STREET HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG 1

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

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

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

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

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

Reason for condition

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

ENV 1

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

Advice:

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

Reason for condition

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

ADVICE

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

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

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.

You may require an occupational license for structures in the Hobart City Council highway reservation, in accordance with conditions to be established by the Council. Click here for more information.

GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS

You may qualify for a General Exemption permit for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.

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.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

Attachment a: PLN-20-902 - 1/8 BROOKE STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-20-902 - 1/8 BROOKE STREET HOBART TAS 7000 -CPC Agenda Documents ⇩

Attachment c: PLN-20-902 - 1/8 BROOKE STREET HOBART TAS 7000 -Planning Referral Officer Cultural Heritage Report ⇩

Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting

Page 46

28/6/2021

7.2 Applications under the Hobart Interim Planning Scheme 2015

7.2.1 79 Collins Street, Hobart and Adjacent Road Reserve - Partial Demolition and New Building for Visitor Accommodation, Hotel Industry, Food Services, and Community Meeting and Entertainment, and Associated Works

PLN-20-911 - FILE REF: F21/60432

Address: 79 Collins Street, Hobart and Adjacent Road Reserve

Proposal: Partial Demolition and New Building for Visitor Accommodation, Hotel Industry, Food Services and Community Meeting and Entertainment, and Associated Works

Expiry Date: 6 July 2021

Extension of Time: Not applicable

Author: Cameron Sherriff

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for partial demolition and new building for visitor accommodation, hotel industry, food services, and community meeting and entertainment, and associated works, at 79 Collins Street, Hobart for the following reasons:

1. The proposal does not meet the acceptable solution or the performance criteria with respect to clause E 13.7.1 P1 (a) to (d) of the Hobart Interim Planning Scheme 2015 because the proposed demolition will result in the loss of 19th century and 20th century significant fabric, items and form that contribute to the historic cultural heritage significance of the place and it has not been reasonably demonstrated that: there are environmental, social, economic or safety reasons of greater value to the community than the historic cultural heritage values of the place; or that there are no prudent or feasible alternatives; or that important structural or facade elements that can feasibly be retained and reused in a new structure are retained or that significant fabric has been documented before demolition.

2. The proposal does not meet the acceptable solution or the performance criteria with respect to clause E 13.7.2 P1 (a) and (b) of the Hobart Interim Planning Scheme 2015 because it is an incompatible design through its height, scale, bulk, form, fenestration and siting behind a three storey heritage listed building and it also results in the substantial diminution of heritage values though the loss of features, fabric and items that contribute to the significance of the place.

3. The proposal does not meet the acceptable solution or the performance criteria with respect to clause E 13.7.2 P2 (a) to (d) of the Hobart Interim Planning Scheme 2015 because it will not be subservient and complementary to the listed place due to its bulk, scale, materials, built form, setback and siting in respect to listed elements.

4. The proposal does not meet the acceptable solution or the performance criteria with respect to clause E 13.7.2 P3 of the Hobart Interim Planning Scheme 2015 because it does not respond to the dominant heritage characteristics of the listed place in its materials, fenestration and built form.

5. The proposal does not meet the acceptable solution or the performance criteria with respect to clause E 13.7.2 P4 of the Hobart Interim Planning Scheme 2015 because as an extension to the existing building, it detracts from the historic cultural heritage significance of the place as a consequence of its height, scale, bulk siting and facade treatment.

6. The proposal does not meet the acceptable solution or the performance criteria with respect to clause 22.4.1 A5 or P5 of the Hobart Interim Planning Scheme 2015 because its height within 15m of the frontage unreasonably dominates existing buildings of cultural heritage significance and has a materially adverse impact on the historic heritage significance of adjacent heritage listed places.

Attachment a: PLN-20-911 - 79 COLLINS STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-20-911 - 79 COLLINS STREET HOBART TAS 7000 - CPC Agenda Documents ⇩

Attachment c: PLN-20-911 - 79 COLLINS STREET HOBART TAS 7000 -Planning Referral Officer Cultural Heritage Report ⇩

Attachment d: PLN-20-911 - 79 COLLINS STREET HOBART TAS 7000 -Urban Design Advisory Panel Minutes ⇩

Item No. 7.2.1

Agenda (Open Portion)

City Planning Committee Meeting - 28/6/2021

Page 150

ATTACHMENT b

PDF Creator

Item No. 7.2.2

Agenda (Open Portion)

City Planning Committee Meeting

Page 467

28/6/2021

7.2.2 25 Weld Street, South Hobart - Partial Demolition, Alterations and Extension

PLN-21-293 - FILE REF: F21/59725

Address: 25 Weld Street, South Hobart

Proposal: Partial Demolition, Alterations and Extension

Expiry Date: 26 July 2021

Extension of Time: Not applicable

Author: Michaela Nolan

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 partial demolition, alterations and extension, at 25 Weld Street, South Hobart 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 PLN21293 25 Weld Street South Hobart TAS 7004 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

THC

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 6560 dated 7 June 2021, 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 to first occupation or commencement of use (whichever occurs first).

Advice:

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

Reason for condition

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

ENG 5

The number of car parking spaces approved to be used on the site is number four (4).

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.

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

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

A revised scheme of exterior colours, materials and finishes must be provided. The revised scheme must respond to and reflect the natural and rustic tones of the barn and Victorian house facing Weld Street. It must also respond to and reflect the mix and pattern of materials within the heritage place.

Prior to the issue of any approval under the Building Act 2016, further drawings must be submitted and approved as a Condition Endorsement specifying exterior colours, materials and finishes in accordance with the above requirement.

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

Advice:

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

Reason for condition

To ensure that development at a heritage place 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.

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 or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

You may require an occupational license for structures in the Hobart City Council highway reservation, in accordance with conditions to be established by the Council. Click here for more information.

You may require a road closure permit for construction or special event. 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.

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-21-293 - 25 WELD STREET SOUTH HOBART TAS 7004 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-21-293 - 25 WELD STREET SOUTH HOBART TAS 7004 - CPC Agenda Documents ⇩

Attachment c: PLN-21-293 - 25 WELD STREET SOUTH HOBART TAS 7004 - Referral Officer Cultural Heritage Report ⇩

Agenda (Open Portion)

City Planning Committee Meeting

Page 534

28/6/2021

9. Questions Without Notice

Section 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

An Elected Member may ask a question without notice of the Chairman, another Elected Member, the Chief Executive Officer or the Chief Executive Officer’s representative, in line with the following procedures:

1. The Chairman will refuse to accept a question without notice if it does not relate to the Terms of Reference of the Council committee at which it is asked.

2. In putting a question without notice, an Elected Member must not:

(i) offer an argument or opinion; or

(ii) draw any inferences or make any imputations – except so far as may be necessary to explain the question.

3. The Chairman must not permit any debate of a question without notice or its answer.

4. The Chairman, Elected Members, Chief Executive Officer or Chief Executive Officer’s representative who is asked a question may decline to answer the question, if in the opinion of the respondent it is considered inappropriate due to its being unclear, insulting or improper.

5. The Chairman may require a question to be put in writing.

6. Where a question without notice is asked and answered at a meeting, both the question and the response will be recorded in the minutes of that meeting.

7. Where a response is not able to be provided at the meeting, the question will be taken on notice and

(i) the minutes of the meeting at which the question is asked will record the question and the fact that it has been taken on notice.

(ii) a written response will be provided to all Elected Members, at the appropriate time.

(iii) upon the answer to the question being circulated to Elected Members, both the question and the answer will be listed on the agenda for the next available ordinary meeting of the committee at which it was asked, where it will be listed for noting purposes only.

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