Minutes (Open Portion)

City Planning Committee Meeting

Page 3

13/2/2018

Minutes (Open Portion)

City Planning Committee Meeting

Page 5

13/02/2018

BURNET

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 29 January 2018, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

Minutes (Open Portion)

City Planning Committee Meeting

Page 8

13/02/2018

7.1.1   99 Princes Street, Sandy Bay - Partial Demolition, Alterations, Extension and Front Fencing

PROCEDURAL MOTION

HARVEY

That the matter be deferred to a subsequent City Planning Committee meeting at the request of the Applicant.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the matter be deferred to a subsequent City Planning Committee meeting at the request of the Applicant.

7.1.2   399 Macquarie Street, South Hobart - Partial Demolition, Alterations and Intensification of Food Services Use

DENISON

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Manager Development Appraisal of 23 January 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:     Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and intensification of food services use at 399 Macquarie Street, South Hobart for the reasons outlined in the officer’s report, attached to item 7.1.2 of the Open City Planning Committee agenda of 13 February 2018 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 PLN­17­810 ­ 399 MACQUARIE STREET SOUTH HOBART TAS 7004 ­ Final Planning Documents, except where modified below.

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: Monday to Sunday: 8am to 5pm.

Reason for condition

To clarify the scope of the permit and to ensure that non­residential use does not unreasonably impact on residential amenity.

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by 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.

Advice: The photographic record can be emailed to coh@hobartcity.com.au

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

WORK PLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially­contaminated soil, water, dust and vapours. Click here for more information.

NOISE REGULATIONS

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

WASTE DISPOSAL

It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill.

Further information regarding waste disposal can also be found on the Council’s website.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

7.1.3   1/160 Elizabeth Street, 2/160 Elizabeth Street, 3/160 Elizabeth Street, 4/160 Elizabeth Street, 79 Brisbane Street and Adjacent Road Reserve, Hobart - Partial Demolition, Alterations, Extension and Change of Use to Multiple Dwellings, and New Building for Multiple Dwellings, General Retail and Hire Food Services and Signage

HARVEY

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Manager Development Appraisal of 5 February 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:     Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, extension and change of use to multiple dwellings, and new building for multiple dwellings, general retail and hire, food services and signage at 1/160 Elizabeth Street, 2/160 Elizabeth Street, 3/160 Elizabeth Street, 4/160 Elizabeth Street 160 Elizabeth Street, 79 Brisbane Street and adjacent road Reservation for the reasons outlined in the officer’s report attached to item 7.1.3 of the Open City Planning Committee agenda of 13 February 2018 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 PLN­17­920 ­ 160 ELIZABETH STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2017/01846­HCC dated 23 November 2017 as attached to the permit.

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: 5479 dated 31 January 2018, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 15

A demolition waste management plan must be implemented throughout demolition.

A demolition waste management plan must be submitted and approved, prior to commencement of work on the site. The demolition waste management plan must include provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

All work required by this condition must be undertaken in accordance with the approved demolition waste management plan.

Advice:

Please also note condition HER 8 which requires salvage to be undertaken to ensure the protection and/or reuse of heritage fabric.

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

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

It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill. Further information can also be found on the Council’s website.

Reason for condition

To ensure that solid waste management from the site meets the Council’s requirements and standards.

ENG sw5

The new public stormwater infrastructure must be designed and constructed prior to the commencement of the use or the issue of any completion certificate (whichever occurs first).

Engineering drawings must be submitted and approved, prior to commencement of work or issue of any approval under the Building Act 2016 (whichever occurs first). The engineering drawings must:

1.      Be certified by a qualified and experienced civil engineer;

2.      Include a plan and long­section of the proposed stormwater main.

3.      These should include, but not be limited to, connections, flows, velocities, hydraulic grade lines, clearances, cover, gradients, sizing, material, pipe class, easements and inspection openings.

4.      Be substantially in accordance with the LGAT Standard Drawings and

5.      Tasmanian Subdivision Guidelines.

6.      Clearly distinguish between public and private infrastructure.

7.      Clearly show the main being a minimum size of DN300.

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

Advice: Once the engineering drawings have been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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

Please note that once the condition endorsement has been issued you will need to contact Council’s City Infrastructure Division to obtain a Permit to Construct Public Infrastructure. A post­work CCTV and bond for the maintenance period will be required.

Reason for condition

To ensure Council’s hydraulic infrastructure meets acceptable standards.

ENG 13

An ongoing waste management plan for all domestic and commercial waste and recycling must be implemented post construction.

An ongoing waste management plan must be submitted and approved, prior to commencement of work on the site. The ongoing waste management plan must include provisions for commercial waste services for the handling, storage, transport and disposal of domestic and commercial waste and recycle bins from the development.

All work required by this condition must be undertaken in accordance with the approved ongoing waste management plan.

Advice: Once the ongoing waste management plan has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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

Reason for condition

To ensure that solid waste management from the site meets the Council’s requirements and standards.

ENG tr2

A construction traffic and parking management plan must be implemented prior to the commencement of work on the site (including demolition).

The construction traffic (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) and parking management plan must be submitted and approved, prior to commencement work. The construction traffic and parking management plan must:

1.       Be prepared by a suitably qualified person.

2.       Include a communications plan to advise the wider community of the traffic and parking impacts during construction.

3.       Include the start date and finish dates of the various stages of works.

4.       Include times that trucks and other traffic associated with the works will be allowed to operate.

5.       Nominate a superintendent or the like to advise the Council of the progress of works in relation to the traffic and parking management, including regular meetings during the works.

All work required by this condition must be undertaken in accordance with the approved construction traffic and parking management plan.

Advice: Once the construction traffic and parking management plan has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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

Reason for condition

To ensure the safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.

ENG 5

All parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standard 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 6

The car parking spaces shown on the plans submitted on 22 December 2017 may not comply with the Australian Standard AS/NZS 2890.1:2004.

A revised car parking and manoeuvring area design must be submitted and approved, prior to the issue of any approval under the Building Act 2016.

The car parking and manoeuvring area design must be signed by a suitably qualified engineer, certifying (unconditionally) that the parking area/manoeuvring area/access/crossover are in accordance with the Australian standards AS/NZS 2890, or that the car parking and manoeuvring area design provides for a safe and efficient access.

All work required by this condition must be undertaken in accordance with the approved car parking and manoeuvring area design.

Advice: 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.

A landowner may be faced with all costs for removal of a building or improvements and any associated damages resulting from the unauthorised location of building or improvements on land that is subject to an easement.

Reason for condition

To ensure that parking areas for cars are located, designed and constructed to enable safe, easy and efficient use.

ENG 9

All car parking spaces for people with disabilities must be delineated to Australian/NZS Standard, Parking facilities Part 6: Off­street parking for people with disabilities AS/NZS 2890.6: 2009, prior to the commencement of the use.

Reason for condition

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

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council. Any damage must be immediately reported to Council.

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

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

Reason for condition

To ensure that any of the Council's infrastructure and/or site­related service

connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENG s1

The new works fronting onto the right of way must be certified by a suitably qualified engineer as designed and constructed to resist floodwaters.

Reason for condition

To mitigate risks associated with flooding.

ENV 2

Sediment and erosion control measures sufficient to prevent sediment leaving the site and 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 and approved, prior to the commencement of work. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.

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

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

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

Reason for condition

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

HER 6

The recommendations of the Heritage Management Plan must be followed. Specifically:

1.       The applicant must provide an archaeological impact assessment for any development which requires excavation.

2.       The applicant must provide an archaeological method statement if impact is determined to be likely. That method statement must be in accordance with the Tasmanian Heritage Council’s Practice Note 2 – Managing Historical Archaeological Significance in the Works Application Process (and/or any other accepted industry standard).

3.       The applicant must implement the recommendations of that method statement ahead of/during the works program subject to the recommendations of the archaeologist in consultation with the construction crews.

4.       Interpretation of the archaeological and heritage values must be incorporated in the new development.

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 7

Archival quality annotated photographs and drawings of the building and features to be demolished must be recorded prior to commencement of demolition works.

The archival quality annotated photographs and drawings must be submitted and approved, prior to the commencement of demolition works. The archival quality annotated photographs and drawings must be in both electronic and hard copy format and include:

1.       Each elevation of the building;

2.       The interior of the building;

3.       Architectural design detailing of the building;

4.       Photographs of any detail that may be of historical or architectural interest; and

5.       Cross referencing of all photographs to an “as existing” plan showing the location and orientation of the camera.

Advice:

Once the archival quality annotated photographs and drawings have been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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

Reason for condition

To ensure recognition of the historic cultural heritage significance of the place.

HER 8

Salvage must be undertaken to ensure the protection and/or reuse of heritage fabric.

Documentation must be submitted and approved, prior to the commencement of work. The documentation must outline the proposed salvage, retrieval and recycle options of the existing sandstone perimeter fence base, to satisfy the above requirement.

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

Advice:

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

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

Reason for condition

To ensure that demolition in whole or part of a heritage place does not result in the loss of historic cultural heritage values unless there are exceptional circumstance

ENVEH 3

An amended Environmental Site Assessment report prepared by a suitably qualified and experienced person in accordance with the procedures and practices detailed in the National Environment Protection (Assessment of Site Contamination) Measure 1999 (NEPM) as amended 2013 must be submitted and approved prior to the issue of any approval under the Building Act 2016.

The report must include:

1.       A review of the land use classification for the ground floor residential component of the development and the access to soil via the landscaped forecourt.

2.       Reference to clause E2.5 'Use' of the Potentially Contaminated Land Code of the Hobart Interim Planning Scheme 2015, including any specific remediation and protection measures required to be implemented before any use commences and a statement that the land is suitable for the intended use(s).

3.       Further detail and clarification with respect to groundwater investigation.

Once approved, the amended Environmental Site Assessment report must be complied with.

Reason for condition

To provide for a safe living environment.

SURV 8

The applicant, at no cost to the Council, must have prepared, entered into, and registered at the Land Titles Office, a deed pursuant to section 75CA of the Conveyancing and Law of Property Act 1884 for the awning encroachment over the Brisbane Street road reservation, prior to the issue of a completion certificate.

Advice: A section 75CA Conveyancing and Law of Property Act 1884 certificate for the occupation of a highway requires that the encroachment is a minimum 2.40 metres above the footpath or 4.25 metres above the road carriageway. A 600mm set back from the back of kerb may also be required.

The applicant must prepare and forward the required instrument pursuant to section 75CA Conveyancing and Law of Property Act 1884, including a survey plan of the encroachment (certified by a registered surveyor), the associated $220 Council application fee and the Land Titles Office registration fee, to the Council for execution and subsequent registration within the Land Titles Office.

Reason for condition

To ensure that the proposed or existing building encroachment over Campbell Street is formalised in accordance with statutory provisions.

SUB s1

A right of carriageway to the satisfaction of the Council must be registered over the property at 79 Brisbane Street (CT. 198304/1) to facilitate the legal operation of the car parking (in accordance with the certified design of the parking area/manoeuvring area/access required by condition ENG 6 of this permit), prior to the issue of any approval under the Building Act 2016.

Reason for condition

To ensure that the car parking can be legally accessed.

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 a condition endorsement is required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning

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.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

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

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

WORK WITHIN THE HIGHWAY RESERVATION

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

REDUNDANT CROSSOVERS

Redundant crossovers are required to be reinstated under the Hobart City Council’s Highways By law. Click here for more information.

ACCESS

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

CROSS OVER CONSTRUCTION

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

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.

STRATA AMENDMENT

You will be required to amend the strata plan pursuant to the provisions of section 19A of the Strata Titles Act 1998 in order to reflect the completed development works. Click here for more information.

The proposed development will require the approval of the Strata Body Corporate in accordance with sections 1(3)(a) and (b) of the Strata Model By­Laws that apply to Strata Plan 144699.

WASTE DISPOSAL

It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill.

Further information regarding waste disposal can also be found on the Council’s website.

FEES AND CHARGES

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

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

.

7.1.4   38 Argyle Street, Hobart - Partial Demolition, Two Waste Compactor Units and Landscaping

BURNET

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Manager Development Appraisal of 31 January 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:     Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, two waste compactor units and landscaping at 38 Argyle Street, Hobart for the reasons outlined in the officer’s report attached to item 7.1.4 of the Open City Planning Committee agenda of 13 February 2018 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 PLN­17­858 ­ 38 ARGYLE STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2017/01772­HCC dated 13 November 2017 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.

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

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

Reason for condition

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

ENG s1

No discharge from the waste compactor units must drain to the Council's stormwater infrastructure.

Reason for condition

To avoid the pollution of natural watercourses that could be caused by discharge from the development.

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 6

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 one (1) day of the discovery; and

5.      A copy of the archaeologist's advice, assessment and recommendations obtained in accordance with paragraph (2) above must be provided to the 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 s1

An induction and briefing of all excavation workers on site must be given on the importance of the cultural heritage values of the site prior to the commencement of work on the site. The induction must be given by a suitably qualified/experience heritage practitioner or archaeologist.

Reason for condition

To ensure any excavation is undertaken in a manner to appropriately manage any archaeological evidence should it be found.

ENVHE 1

The advice and recommendations made in the site contamination assessment report, prepared by Geo­Environmental Solutions and titled Limited Scope Environmental Site Assessment For Underground Compactors, dated 13 December 2017, must be implemented.

Reason for condition

To ensure the subject land is capable of supporting the proposed development and future use in terms of site contamination issues.

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.

WORK PLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially­contaminated soil, water, dust and vapours. Click here for more information.

WASTE DISPOSAL

It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill.

Further information regarding waste disposal can also be found on the Council’s website.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

7.1.5   66 Summerhill Road and 51 Summerhill Road, West Hobart and Adjacent Road Reserve - Subdivision (9 Additional Lots), Fire Trail Realignment, and Associated Services and Works

DENISON

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Manager Development Appraisal of 30 January 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:     Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for subdivision (9 additional lots), fire trail realignment, and associated services and works at 66 Summerhill Road and 51 Summerhill Road, West Hobart and adjacent road reserve for the reasons outlined in the officer’s report attached to item 7.1.5 of the Open City Planning Committee agenda of 13 February 2018 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 PLN­16­1296 ­ 66 SUMMERHILL ROAD WEST HOBART TAS 7000 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2017/00017­HCC dated 17 January 2017 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw2

The Council’s stormwater infrastructure adjacent to/within the subject site must be protected from damage during the construction of the development. This includes the section of public main located from the headwall at the southern boundary of 1 Bimbadeen Court through to 43 Summerhill Road.

Digital copies of a pre and post­construction work CCTV video and associated report(s) for any Council stormwater main within two metres of the works, must be submitted to the Council:

1.      Prior to commencement of work on site, and

2.      After completion of all work but prior to the issue of any certificate of completion.

The pre­ and post­construction work CCTV videos will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner fails to provide to the Council a preconstruction works CCTV video of the Council’s infrastructure, then any damage to the Council's infrastructure identified in the post­construction CCTV will be deemed to be the responsibility of the owner.

Advice:

The CCTV videos can be submitted to coh@hobartcity.com.au.

Reason for condition

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

ENG sw2.1

Once all approved works have been completed, and prior to the sealing of the final plan for lots 1­9 and 100, the developer must submit a recorded CCTV inspection and associated report of any new public stormwater infrastructure.

The CCTV inspection must be taken no more than one month prior to commencement of the maintenance period. A maintenance period of 12 months (for roads, and piped infrastructure) or 24 months (for vegetated stormwater infrastructure) will apply. The Council will perform a final inspection at the end of the maintenance period. Should any rectification works be required, these must be done at the developer's cost within a time frame specified by the Council, and an additional 12 month maintenance period may be applied.

Advice:

A maintenance bond of 5% of the contract value of the works will be required by the Council. Upon the expiry of the maintenance period, please contact the Council’s Project and Development Inspector on telephone 6238 2967 to arrange the final inspection prior to the release of the maintenance bond.

Reason for condition

To ensure that the Lots are serviced by adequate public infrastructure. 

ENG sw3

The proposed works (including footings) must be designed to ensure the long term protection of and accessibility to the existing and proposed public stormwater infrastructure.

Detailed engineering design drawings must be submitted and approved prior to commencement of works.

The detailed engineering design drawings must:

1.      Demonstrate how the design will accommodate future maintenance/replacement of the infrastructure, minimise future costs to the Council and protect Council’s infrastructure.

2.      Demonstrate that the proposed structures within 66 Summerhill Road will not impose any loads onto the infrastructure and that they will be fully independent of the Council's infrastructure and its trenching.

3.      Include cross­sections clearly showing the relationship both vertically and horizontally between the main and the proposed works (including footings), and stating the minimum setbacks from the works to the nearest external surface of the main.

4.      Be certified by a suitably qualified engineer.

Prior to sealing of the final plan for lots 1­9 and 100, a suitably qualified engineer must confirm that the installation of the works within two metres of the main is in accordance with the approved detailed engineering design drawings and is compliant with the above requirements. Should any remediation works be required, these must be carried out at the developer’s cost.

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

Advice:

Once the detailed engineering design drawings have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Engineering approvals and inspections fees will apply and are required to be paid prior to the issue of condition endorsement. Click here for information on the Council's fees and charges.

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

Reason for condition

To ensure the protection of the Council’s hydraulic infrastructure.

ENG sw4

Overland flow from the current western bush catchment of 66 Summerhill Road must be adequately directed to the Council's stormwater infrastructure with sufficient receiving capacity. Detailed engineering drawings and report must be submitted and approved prior to commencement of works.

The detailed engineering drawings and report must include:

1.      Engineering design drawings for construction purposes, which detail the necessary drainage works for the overland flow to be safely conveyed to the public system.

2.      Supporting calculations which demonstrate that the engineering design has capacity to accommodate a 1:100 AEP event, including climate change and sufficient freeboard.

3.      A supporting geotechnical investigation and report (including an assessment of any increased risk of landslip), for the proposed engineering design. The engineering design and installation must comply with the recommendations of that report.

Should the drainage works not be completed prior to sealing of the plans for Stage 1, temporary private diversion works in order to protect lots 1­3 must be installed prior to sealing of the final plan for Stage 1. A detailed design (including a maintenance program) must be submitted to and approved prior to its installation.

Written confirmation from a suitably qualified person that the works have been carried out in accordance with the geotechnical recommendations must be submitted within six weeks of completion of the drainage works.

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

Advice:

Once the detailed engineering drawings and report have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Engineering approvals and Inspections fees will apply and are required to be paid prior to the issue of condition endorsement. Click here for information on the Council's fees and charges.

The approved detailed engineering drawings and report will be utilised as the basis for the bond amount referred to in condition SUBs3.

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

Reason for condition

To ensure lots are not subject to inundation risk.

ENG sw6

The new stormwater system must be constructed prior to the sealing of the final plan for lots 1­9 and 100.

Engineering design drawings must be submitted and approved, prior to commencement of work. The engineering drawings must:

1.      Be certified by a qualified and experienced engineer.

2.      Show in both plan and long­section the proposed stormwater mains, including but not limited to, connections, flows, velocities, hydraulic grade lines, clearances, cover, gradients, sizing, material, pipe class, adequate working platforms around manholes, easements and inspection openings.

3.      Include the associated calculations and catchment area plans. The stormwater system (including defined overland flow paths) must cater for all 1% AEP flows as at 2100 (i.e. including climate change loading) from a fully developed catchment. The main itself must be sized to accommodate at least the 5% AEP flows from a fully­developed catchment.

4.      Include provision for future development within the catchment to be adequately and efficiently serviced, i.e. via appropriate easements.

5.      Clearly distinguish between public and private infrastructure, minimising the extent of public infrastructure outside of the highway reservation where practicable.

6.      Be substantially in accordance with the LGAT drawings and Tasmanian Subdivision Guidelines.

7.      Show the final lot boundaries, with each lot serviced separately by the Council's infrastructure and all private plumbing contained within each lot;

8.      Specify lot connection sizes appropriate for the developable area of each lot.

9.      Show the proposed location of each lot connection such that the majority of the lot, including the driveway, can be adequately and economically drained.

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

Advice:

Once the engineering design drawings have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Engineering approvals and Inspections fees will apply and are required to be paid prior to the issue of condition endorsement. Click here for information on the Council's fees and charges.

Please note that once the condition endorsement has been issued you will need to contact Council’s City Infrastructure Division to obtain a Permit to Construct Public Infrastructure.

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

Reason for condition

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

ENG sw7

Stormwater pre­treatment and detention for stormwater discharge from the development must be provided to the satisfaction of Council’s City

Infrastructure Division prior to the sealing of the final plan for lots 1­9 and 100.

A stormwater management report and design must be submitted and approved, prior to commencement of works on the site. The stormwater management report and design must be prepared by a suitably qualified engineer and:

EITHER:

Treatment system:

1.      Provide detailed design of the final proposed treatment train, including estimations of contaminant removal in comparison with the State Stormwater Strategy targets.

2.      Provide detailed construction drawings for the installation of the treatment system and associated works.

Detention System:

1.      Provide details and supporting calculations of the public detention tank sized such that there is no increase in flows from the developed site up to 5% AEP storm events and no worsening of existing flooding. All assumptions must be clearly stated.

2.      Show layout, of the inlet and outlet including long­section.

3.      Provide details of the overflow mechanism.

4.      Provide clarification of the emptying times and outlet size.

Treatment and Detention Systems:

1.      Ensure the location of the systems is agreed upon by the Council’s City Infrastructure Division. Location must take into consideration access, minimising future maintenance/replacement costs and overflow path risk.

2.      Provide sufficient construction details for any relocation of services required to accommodate installation of the systems. Note that associated agreements with Utility Providers may need to be obtained to enable the relocation of services.

3.      Include a supporting maintenance plan that outlines the operational and maintenance measures to check and ensure the ongoing effective operation of all systems to satisfy the above requirements, e.g. including but not limited to: inspection frequency and criteria for inspections; component lifespans; details on component replacement / periodic maintenance procedures; and estimation of the life cycle cost including maintenance costs.

OR:

Provide a realistic cost estimate agreed upon with the Council’s City Infrastructure Division, based on a preliminary design for the construction of system(s) on site that would meet the State Stormwater Strategy targets and satisfy the detention requirement, for the proposed subdivision. The equivalent of the cost estimate must be paid to the Council as a contribution for the upgrade of existing/proposed infrastructure offsite.

All work required by this condition must be undertaken and maintained in accordance with the approved stormwater management report and design.

Advice:

Once the stormwater management report and design has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Engineering approvals and Inspections fees will apply and are required to be paid prior to the issue of condition endorsement. Click here for information on the Council's fees and charges.

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

Reason for condition

To avoid the possible pollution of drainage systems and natural watercourses, to comply with relevant State legislation, and to ensure the development’s stormwater system takes into account limited receiving capacity of Council’s infrastructure.

ENG 2a

Vehicular barriers compliant with the Australian Standard AS1170.1 must be installed to prevent vehicles running off the edge of the shared access driveway servicing lots 5­9 within the right of way on lots 5­9, 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 turning areas approved under this permit.

Advice:

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

Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the NCC2016 are also required.

Reason for condition

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

ENG 2b

A certified vehicle barrier design (including site plan with proposed location(s) of installation within the right of way on lots 5­9), prepared by a suitably qualified engineer, compliant with Australian Standard AS1170.1, must be submitted to the Council prior to the issue of any approval under the Building Act 2016, or the commencement of works on site. All works, required by this condition must be undertaken in accordance with certified vehicle barrier design.

Advice:

Once the certified vehicle barrier design has been accepted, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Please note that works may need various permits under the Building Act 2016 as well as Council City Infrastructure approval.

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

Reason for condition

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

ENG 2c

Prior to the sealing of the final plan for Stage 2, vehicular barriers within the right of way on lots 5­9 must be inspected by a qualified engineer and certification submitted to the Council confirming that the installed vehicular barriers comply with the certified design and Australian Standard AS1170.1.

Advice:

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

Reason for condition

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

ENG 4

The access driveways approved by this permit must be constructed to a sealed standard and surface drained prior to the sealing of the final plan for lots 1­9 and 100. The access driveways must be constructed and sealed to provide practical access for vehicles into the body of each lot, including internal lots where access is subject to a right of way.

Reason for condition

To ensure safe access is provided for the use.

ENG 1

The cost of repair of any damage to the Council infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.  Any damage must be immediately reported to Council. 

A photographic record of the Council 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 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 infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENV 8

Soil disturbance when establishing and maintaining the bushfire hazard management area on the south­eastern side of the subdivision is to be kept to the minimum practicable.

Reason for condition

To reduce the risk to life and property, and the cost to the community, caused by landslides.

ENV 9

Clearing of native vegetation within the Biodiversity Protection Area overlay of the Hobart Interim Planning Scheme 2015 to establish and maintain bushfire hazard management areas must be the minimum required to achieve compliance with the hazard management area requirements in Table 1 of the bushfire report by Johnstone McGee and Gandy P/L dated December 2017.

Reason for condition

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values, and to reduce the risk to life and property, and the cost to the community, caused by landslides.

ENV 10

The trees shown in Figure 1 and listed in Table 1 of the vegetation impact statement by Enviro­dynamics P/L dated 22 December 2017 within the Biodiversity Protection Area overlay of the Hobart Interim Planning Scheme 2015 must be retained.

Reason for condition

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values.

ENV 2

Sediment and erosion control measures sufficient to prevent sediment leaving the property and 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 and approved, prior to the commencement of work. 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 this condition and the approved SWMP.

Advice:

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

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

Reason for Condition

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

ENV 3

Prior to sealing of the final plan for any stage of the subdivision, an amended bushfire hazard management plan and/or bushfire report by Johnstone McGee and Gandy P/L dated December 2017 must be submitted and approved.

The amendments must include:

1.      A clear plan showing the extent of the interim hazard management area for lots 1 to 3; and

2.      A requirement for the new fire hydrant to be installed prior to sealing of the final plan for lots 1 to 3, unless an alternative fire­fighting water supply arrangement is proposed for these lots that complies with the Bushfire­Prone Areas Code of the Hobart Interim Planning Scheme 2015 and is certified as complying with the Bushfire­Prone Areas Code by the Tasmania Fire Service or an accredited bushfire hazard practitioner with the appropriate scope of work accreditation.

The approved amended bushfire hazard management plan and/or bushfire report must be implemented in accordance with the following:

1.      The interim hazard management area for lots 1 to 3 must be implemented prior to the issue of titles for lots 1 to 3 and maintained until the issue of titles for lots 4 to 9.

2.      The new fire hydrant must be installed prior to the issue of titles for lots 1 to 3, unless an alternative fire­fighting water supply arrangement has been approved.

3.      The public road and private accesses (including required signage) must be constructed in accordance with the approved amended bushfire hazard management plan and bushfire report prescriptions, prior to the issue of titles for lots 4 to 9, and maintained in accordance with the approved amended bushfire hazard management plan and bushfire report prescriptions in perpetuity.

4.      The new fire hydrant must be installed prior to the issue of titles for lots 4 to 9.

5.      The final hazard management area must be implemented prior to the issue of titles for lots 4 to 9, and maintained in perpetuity.

Advice:

Once the amended bushfire hazard management plan and/or bushfire report have been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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

Reason for condition

To reduce the risk to life and property, and the cost to the community, caused by bushfires.

ENV 4

Following completion of the Summerhill Road road extension (lot 100) and construction of the private accesses to lots 5 to 9, and prior to the issue of titles for these lots, written certification that the works comply with the access requirements of the bushfire hazard management plan and bushfire report from the Tasmania Fire Service or an accredited bushfire hazard practitioner with the appropriate scope of work accreditation must be submitted.

Advice:

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

Reason for condition

To reduce the risk to life and property, and the cost to the community, caused by bushfires

ENV s1

Any fire trail upgrade works must be carried out in accordance with the recommendations and specifications of the report Weerona Fire Trail, Knocklofty: Geotechnical investigations and construction specifications for upgrade by William C Cromer dated 26 October 2017, unless alternative design specifications are approved in writing by the Council.

Advice:

To be approved, any alternative design must be certified by a suitably qualified person that the works as specified in the design documents will not increase the risk of landslide.

Reason for condition

To reduce the risk to life and property, and the cost to the community, caused by landslides.

ENV s2

For any fire trail upgrade works that are undertaken, written certification from a suitably qualified person that the works have been carried out in accordance with the recommendations and specifications of the report Weerona Fire Trail, Knocklofty: Geotechnical investigations and construction specifications for upgrade by William C Cromer dated 26 October 2017, or in accordance with any alternative design specifications approved under condition ENV s1, must be submitted within six weeks of the works being completed.

Advice:

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

Reason for condition

To reduce the risk to life and property, and the cost to the community, caused by landslides

SURV 1

The applicant must submit to the Council a copy of the surveyor’s survey notes at the time of lodging the final plan.

Reason for condition

To enable the Council to accurately update cadastral layers on the corporate Geographic Information System.

SURV 2

The final plan and schedule of easements must be submitted and approved in accordance with section 89 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

Reason for condition

To ensure that the subdivision/boundary adjustment is carried out in accordance with the Council's requirements under the provisions of Part 3 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

SURV 3

The final plan and schedule of easements must provide easements to the satisfaction of the Council:

1.      Over any proposed or existing stormwater, water or sewer mains passing through the lots on the final plan, in favour of the Hobart City Council and/orTasWater. (Minimum width of 2m, or 3m if they cover 2 pipes.)

2.      Over any existing or proposed private rights of way, drainage and/or service easements in favour of the lots they are required to serve.

3.      Over any existing, proposed or required road embankment easements or road batter easements in favour of the Hobart City Council.

Reason for condition

To ensure that there are no impediments to the provision of public and private services and access to the lots.

SURV 5