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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial
demolition, alterations fencing and partial change of use to food services at
315 Elizabeth Street North Hobart as the proposal is for a minor
development to a non-conforming use and there is no detrimental impact on an
adjoining use, there is no substantial intensification of the use of the
land, 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 PLN19103
315 ELIZABETH STREET NORTH HOBART TAS 7000 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: 5858 dated 19 November 2019, as attached to
the permit.
Reason for condition
To clarify the scope of the permit.
PLN 6
The use must not be open to the public outside of
the following hours: Venue, courtyard and deck areas:
8:00am to 12:00 midnight, Monday
Saturday 8:00am to 11:00pm, Sunday
Rear Garden Area
8:00am to 6:00pm, Monday Sunday
Reason for condition
To ensure that nonresidential use does not
unreasonably impact on residential amenity
PLN s1
The proposed use of the Rear Garden Area (ie. the
area to the rear and the western side of the New Decking Area) is approved
for one (1) year from the date of the approval by the City of Hobart’s
Director City Planning of the management plan required by condition PLN s2 of
this planning permit. Following that date, use of the Rear Garden Area in association
with the Food Services use of the site must cease unless prior, separate
planning approval has been granted allowing that use to continue.
Reason for condition
To clarify the scope of the permit
PLN s2
Prior to the commencement of the approved use of the
New Decking Area and Rear Garden Area, a Management Plan for the operation of
the New Decking Area and Rear Garden Area must be submitted and approved, to
the satisfaction of the City of Hobart's Director City Planning. The
Management Plan must include measures to minimise detrimental impacts on
adjoining uses and the amenity of the locality. These measures must include,
but are not limited to, the following requirements:
1. The
hours of operation of the New Decking Area being confined to 8:00am to 12:00
midnight, Monday Saturday and 8:00am to 11:00pm, Sunday;
2. The
hours of operation of the Rear Garden Area being confined to 8:00am to
6:00pm, Monday Sunday;
3. That
the operators of the Food Services use introduce measures to mimimise the
likelihood of noise from the New Decking Area and Rear Garden Area creating a
noise nuisance (as defined under the provisions of the Environmental
Management and Pollution Control Act 1994) to adjoining properties. Those
measures could include but are not limited to the installation of outdoor
acoustic insulation. Prior to the commencement of the use of the New Decking
Area and Rear Garden Area, the operators of the Food Services use must
provide certification from a qualified Acoustic Engineer to the satisfaction
of the City of Hobart's Director City Planning that such measures have been
installed to mimimise the likelihood of noise from the New Decking Area and
Rear Garden Area creating a noise nuisance (under the provisions of the
Environmental Management and Pollution Control Act 1994) to adjoining
properties. Once approved by the Director City Planning, the measures
referred to in the certification must be maintained on the site for as long
as the New Decking Area and Rear Garden Area are being used in association
with the use of the site for Food Services;
4. Details
of how any amplified music will be located and/or managed within the New
Decking Area and Rear Garden Area to minimise impacts upon adjoining uses and
the amenity of the locality;
5. Details
of how any open fires, including fire pots, will be located and/or managed
within the New Decking Area and Rear Garden Area to minimise impacts upon
adjoining uses and the amenity of the locality;
6. Details
of how any lighting will be located and/or managed within the New Decking
Area and Rear Garden Area to minimise impacts upon adjoining uses and the
amenity of the locality;
7. Details
of how the area between the rear boundary of the property and the new fence
located approximately 3.0m in from the rear boundary of the property will be
managed to minimise impacts upon adjoining uses and the amenity of the
locality;
8. The
side gate between the Rear Garden Area and the Right of Way to Elizabeth
Street being closed after 6:00pm every day, with access to the venue after
6:00pm only being via the front door onto Elizabeth Street unless patrons are
accompanied by a staff member;
9. The
name/s and the phone number/s of the person/s responsible for the management
of the operation of the Food Services use being provided, so that nearby
residents have a 24 hour point of contact in relation to any complaints
regarding the impact of the New Decking Area and Rear Garden Area upon
adjoining uses and the amenity of the locality;
10. The
operators of the Food Services use actively managing the behaviour of patrons
within the New Decking Area and Rear Garden Area to minimise impacts upon
adjoining uses and the amenity of the locality;
11. That no
parking will occur in the Rear Garden Area.
Once approved by the City of Hobart's
Director City Planning, the Management Plan must be provided, at a minimum,
to all owners/occupiers of all adjoining properties by the operators of the
Food Services use.
Once approved, the Management Plan must
be implemented prior to the commencement of the approved use of the New
Decking Area and Rear Garden Area. The New Decking Area and Rear Garden Area
mustbe operated in accordance with the approved Management Plan for as long
as they are being used in association with the use of the site for Food
Services.
Reason for condition
To minimise detrimental impacts to
adjoining uses and the amenity of the locality.
ENG 5
No car parking is approved onsite under this
permit.
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, pre existing 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.
ADVICE
The following advice is provided to you to assist in
the implementation of the planning permit that has been issued subject to the
conditions above. The advice is not exhaustive and you must inform yourself
of any other legislation, bylaws, regulations, codes or standards that
will apply to your development under which you may need to obtain an
approval. Visit the Council's website for further information.
Prior to any commencement of work on the
site or commencement of use the following additional permits/approval may be
required from the Hobart City Council.
BUILDING PERMIT
You may need building approval in accordance with
the Building Act 2016. Click here for more information.
This is a Discretionary Planning Permit issued in
accordance with section 57 of the Land Use Planning and Approvals Act 1993.
PLUMBING PERMIT
You may need plumbing approval in accordance with
the Building Act 2016, Building Regulations 2016 and the National
Construction Code. Click here for more information.
OCCUPATION OF THE PUBLIC HIGHWAY
You may require a permit for the occupation of the
public highway for construction (e.g. placement of skip bin, crane, scissor
lift etc). Click here for more information.
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.
STORM WATER
Under section 23 of the Urban Drainage Act 2013 it
is an offence for a property owner to direct stormwater onto a neighbouring
property.
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.
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