City
of hobart
MINUTES
City Planning Committee Meeting
Open Portion
Monday, 16 September 2019 at 5:00 pm
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Minutes (Open Portion) City Planning Committee Meeting |
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16/9/2019 |
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APOLOGIES AND LEAVE OF ABSENCE
1. Co-Option of a Committee Member in the event of a vacancy
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6. Planning Authority Items - Consideration of Items with Deputations
7. Committee Acting as Planning Authority
7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.1 66 Alexander Street, Sandy Bay - Demolition and Two Multiple Dwellings
7.1.3 4 Turner Street, Sandy Bay - Two Multiple Dwellings (One Existing, One New)
7.1.4 2 and 4 Tara Street, South Hobart - Public Art Installation
7.1.5 4 Westinwood Road, Lenah Valley - Subdivision (One Additional Lot)
8.1 City Planning - Advertising List
8.2 Delegated Permits Report (Planning)
10. Closed Portion of the Meeting
Applications under the Hobart Interim Planning Scheme 2015
13. Petition to Amend Sealed Plan 152588 7, 9 & 12 Reid's Road, Fern Tree
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Minutes (Open Portion) City Planning Committee Meeting |
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16/09/2019 |
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City Planning Committee Meeting (Open Portion) held on Monday, 16 September 2019 at 5:00 pm in the Lady Osborne Room, Town Hall.
COMMITTEE MEMBERS Deputy Lord Mayor Burnet (Chairman) Briscoe Denison Harvey Behrakis
PRESENT: The Deputy Lord Mayor Councillor H Burnet (Chairman), Alderman J R Briscoe, Councillors W F Harvey and M Dutta.
APOLOGIES: Nil.
LEAVE OF ABSENCE: Alderman T M Denison. Alderman S Behrakis.
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NON-MEMBERS Lord Mayor Reynolds Zucco Sexton Thomas Dutta Ewin Sherlock
Councillor Dutta was co-opted to the Committee.
Councillor Harvey left the meeting at 5:40 pm after declaring an interest in item 7.1.2, returning at 6:08 pm.
Alderman Briscoe left the meeting at 5:59 pm, returning at 6:00 pm.
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BRISCOE
That Councillor Dutta be co-opted to the Committee.
MOTION CARRIED
VOTING RECORD
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Deputy Lord Mayor Burnet |
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Briscoe |
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Harvey |
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The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 26 August 2019, be confirmed as an accurate record. |
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MOTION CARRIED VOTING RECORD
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The minutes were signed.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager. |
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MOTION CARRIED VOTING RECORD
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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 conflicts 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.
The following interest was indicated:
1. Councillor Harvey - Item 7.1.2.
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?
No items were transferred.
In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the General Manager 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.
BRISCOE
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.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
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Briscoe |
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Harvey |
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Dutta |
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Minutes (Open Portion) City Planning Committee Meeting |
Page 8 |
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16/09/2019 |
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In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.
In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.
The Committee is reminded that in order to comply with Regulation 25(2), the General Manager is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.
7.1 Applications under the Hobart Interim Planning Scheme 2015
Mr Phil Mason (Representor) addressed the Committee in relation to item 7.1.1.
Ms Jane Sargison and Mr Emileo Tong of JSA Consulting Engineers addressed the Committee in relation to item 7.1.1 on behalf of the Applicant.
7.1.1 66 Alexander Street, Sandy Bay - Demolition and Two Multiple Dwellings |
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BRISCOE That the recommendation contained in the report of the Assistant Planner and the Acting Senior Statutory Planner of 29 August 2019, be adopted as amended by the addition of condition PLN 15 and PLN s2:
PLN 15
A demolition waste management plan must be implemented
throughout demolition.
PLN s2
The site must be landscaped prior to the
issue of a certificate of completion. 1. A scale, dimensions and north point; 2. A survey (including botanical names) of all existing vegetation to be retained and/or removed; 3. Landscaping and planting within all open areas of the site; 4. A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant; 5. Details of surface finishes of pathways and driveways.
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MOTION LOST VOTING RECORD
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HARVEY That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for demolition and two multiple dwellings at 66 Alexander Street, Sandy Bay for the following reasons: 1. The proposal does not meet the acceptable solution or the performance criteria with respect to clause E5.6.4 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the design, layout and location of the access, does not provide adequate sight distances to ensure the safe movement of vehicles, having regard to:
(a) The nature and frequency of the traffic generated by the use; (b) The frequency of use of the road network; (c) Any alternative access; (d) The need for the access; (e) Any traffic impact assessment; (f) Any measures to improve or maintain sight distance; and (g) Any written advice received from the road authority.
2. The proposal does not meet the acceptable solution or the performance criteria with respect to clause E6.7.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the design of the vehicle access point is not safe, efficient and convenient, having regard to all of the following:
(a) Avoidance of conflicts between users including vehicles, cyclists and pedestrians; (b) Avoidance of unreasonable interference with the flow of traffic on adjoining roads; (c) Suitability for the type and volume of traffic likely to be generated by the use or development; (d) Ease of accessibility and recognition for users.
3. The proposal does not meet the acceptable solution or the performance criteria with respect to clause E6.7.5 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the layout of car parking spaces, access aisles, circulation roadways and ramps is not safe and does not ensure ease of access, egress and manoeuvring on-site. |
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MOTION CARRIED VOTING RECORD
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HARVEY That a report be provided on the merits of undertaking a review of the southern side of Alexander Street, Sandy Bay for inclusion in the heritage precinct.
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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PART A That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for Demolition and Two Multiple Dwellings at 66 Alexander Street, Sandy Bay for the following reasons: 1. The proposal does not meet the acceptable solution or the performance criteria with respect to clause E5.6.4 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the design, layout and location of the access, does not provide adequate sight distances to ensure the safe movement of vehicles, having regard to:
(a) The nature and frequency of the traffic generated by the use; (b) The frequency of use of the road network; (c) Any alternative access; (d) The need for the access; (e) Any traffic impact assessment; (f) Any measures to improve or maintain sight distance; and (g) Any written advice received from the road authority.
2. The proposal does not meet the acceptable solution or the performance criteria with respect to clause E6.7.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the design of the vehicle access point is not safe, efficient and convenient, having regard to all of the following:
(a) Avoidance of conflicts between users including vehicles, cyclists and pedestrians; (b) Avoidance of unreasonable interference with the flow of traffic on adjoining roads; (c) Suitability for the type and volume of traffic likely to be generated by the use or development; (d) Ease of accessibility and recognition for users.
3. The proposal does not meet the acceptable solution or the performance criteria with respect to clause E6.7.5 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the layout of car parking spaces, access aisles, circulation roadways and ramps is not safe and does not ensure ease of access, egress and manoeuvring on-site.
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PART B
That a report be provided on the merits of undertaking a review of the southern side of Alexander Street, Sandy Bay for inclusion in the heritage precinct.
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a. Mr Phil Mason - Deputation Supporting Information ⇨ |
Delegation: Council (Part A) / Committee (Part B)
Councillor Harvey declared an interest in item 7.1.2, left the meeting at 5:40 pm, returning at 6:08 pm.
Mr G T Stump (Representor) addressed the Committee in relation to item 7.1.2.
Ms Irene Duckett of Ireneince Planning and Urban Design (Applicant) and Mr David Menzies (Architect) addressed the Committee in relation to item 7.1.2.
7.1.2 9 Star Street and Adjacent Road Reserve, Sandy Bay - 12 Multiple Dwellings, Associated Hydraulic Infrastructure, Road Works (Extension to Star Street), Works in Road Reserve (Star Street and Jersey Street) |
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BRISCOE That the recommendation contained in the report of the Development Appraisal Planner and the Acting Senior Statutory Planner of 3 September 2019, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for multiple dwellings, associated hydraulic infrastructure, road works (extension to Star Street), works in road reserve (Star Street and Jersey Street) at 9 Star Street and adjacent road reserve, Sandy Bay for the following reasons:
1. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.1 A1 and P1 (a) of the Hobart Interim Planning Scheme 2015 because the proposed site area per dwelling of less than 200m2 does not contribute to a range of dwelling types and sizes appropriate to the locality or provide for a specific accommodation need such as aged care, special needs or student accommodation.
2. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the setback of the dwelling from the frontage with Star Street and Jersey Street is not compatible with the relationship of existing buildings to the road in terms of setback or in response to other physical constraints of the site and does not have regard to streetscape qualities or assist the integration of new development into the streetscape.
3. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.3 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the dwellings do not have private open space of a size and dimension that is appropriate for the size of the dwelling and is able to accommodate outdoor recreational space consistent with the projected requirements of the occupants, operational needs such as clothes drying and storage and reasonable space for the planting of gardens and landscaping.
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a Mr G T Stump - Deputation Supporting Information ⇨ b Ms Irene Duckett of Ireneinc Planning and Urban Design and Mr David Menzies - Deputation Supporting Information ⇨ |
Delegation: Council
Item 7.1.5 was then taken.
7.1.3 4 Turner Street, Sandy Bay - Two Multiple Dwellings (One Existing, One New) |
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BRISCOE That the recommendation contained in the report of the Assistant Planner and the Acting Senior Statutory Planner of 3 September 2019, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for two multiple dwellings (one existing, one new) at 4 Turner Street, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.1.3 of the Open City Planning Committee agenda of 16 September 2019 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 PLN19294 4 TURNER STREET SANDY BAY TAS 7005 Attachment B 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 2019/00709HCC dated 30/05/2019 as attached to the permit.
Reason for condition
To clarify the scope of the permit.
PLN 4
A Landscaping Plan must be submitted and approved by the Council’s Director City Planning prior to the issue of any consent under the Building Act 2016, excluding for excavation.
The Landscaping Plan must include:
1. Planting of mature vegetation along the entire length of the northeastern site boundary shared with 24 Byron Street. The vegetation along this boundary must have a height of approximately 2 metres at the time of planting and must grow to a height of at least 5 metres; 2. Planting of mature vegetation along the entire length of the southeastern site boundary shared with 22 Byron Street. The vegetation along this boundary must have a height of approximately 2 metres at the time of planting and must grow to a height of at least 3 metres; 3. Planting of mature vegetation along the entire length of the northwestern site boundary shared with 8 Fitzroy Place. The vegetation along this boundary must have a height of approximately 2 metres at the time of planting and must grow to a height of at least 3 metres; 4. Details of the species, number of plants and location of planting relative to the proposed dwelling, site boundaries and services.
All landscaping must be planted and installed in accordance with the approved Landscaping Plan to the satisfaction of the Council's Director City Planning prior to commencement of use.
The vegetation required by this condition must be maintained by the owners of the proposed dwelling, and replacement vegetation in accordance with the approved Landscaping Plan must be planted if any vegetation dies or is removed.
Reason for condition
To soften the appearance of the new building and to assist in reducing its impact upon the amenity of adjacent properties.
ENG sw1
All stormwater runoff 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 into the Council stormwater system prior to first occupation or commencement of use (whichever occurs first). All runoff from the site that can drain by gravity to the Council’s stormwater infrastructure (with either a freedraining or a charged system) must be allowed to do so.
Advice: Council will only approve stormwater pumping systems when absolutely necessary. It appears that the roof of the proposed dwelling can be drained by gravity, and also much of the driveway especially the existing & new paved areas which are to the NW of the proposed dwelling. If necessary new sewer and SW lot connections to the mains can be built at the lowest possible point within the property adjacent to the southeast boundary of the property (existing connections would need to be abandoned) this will provide the lowest possible connection points and assist the drainage of the new dwelling. Only one connection point to the sewer and SW mains is allowed per lot, so both existing and proposed dwellings will have to connect to the mains at the same point. 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 sw4
If a new stormwater connection is required, it must be constructed (and existing connections to be abandoned sealed) by the Council at the owner’s expense, prior to the first occupation.
Detailed engineering drawings must be submitted and approved, prior to commencement of work. The drawings must include:
1. the location of the proposed connection; and 2. the size of the connection appropriate to satisfy the needs of the development.
All work required by this condition must be undertaken in accordance with the approved drawings.
Advice: The applicant is advised to submit drawings via a Council City Amenity Division application for a new stormwater connection. If detailed design to satisfy this condition is submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will still need to submit an application for a new stormwater connection with Council City Amenity Division.
Where building / plumbing approval is also required, it is recommended that documentation to satisfy this condition is submitted well before submitting documentation for building/plumbing approval. Failure to address planning condition requirements prior to submitting for building/plumbing approval may result in unexpected delays.
Reason for condition
To ensure the site is drained adequately.
ENG 2a
Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.
Advice: The Council does not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3. Slopes greater than 1 in 4 will require a vehicular barrier or wheel stop. Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the NCC2016 are also required in the parking module this area may be considered as a path of access to a building.
Reason for condition
To ensure the safety of users of the access driveway and parking module and compliance with the standard.
ENG 3b
The design of the access driveway, parking and turning areas must be submitted and approved, prior to the issuing of any approval under the Building Act 2016.
The design must:
1. Be prepared and certified by a suitably qualified engineer, 2. Be generally in accordance with the Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required), 3. Where the design deviates from AS/NZS2890.1:2004 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, 4. Show dimensions, levels, gradients, transitions and other details as Council deem necessary to satisfy the above requirement, 5. Clearly distinguish between existing and proposed driveway and parking areas, provide details of proposed parking area for the existing dwelling, also show details of any visitor parking spaces, 6. Show details of the existing and proposed entry into the property in plan view and front elevation, showing details and dimensions of any fencing and gates. The design of the entry must allow the free movement of vehicles into the parking areas of both existing and new dwellings. Fencing and gates must allow adequate visibility of pedestrians and vehicles in the road from within an exiting vehicle.
Reason for condition
To ensure the safety of users of the access, parking and turning areas, also compliance with the relevant Australian Standard.
ENG 4
The access driveway, parking and turning areas approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) and surface drained to the Council's stormwater infrastructure prior to the first occupation / commencement of use.
Reason for condition
To ensure the safety of users of the access driveway and parking areas, and so that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.
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.
CONDITION ENDORSEMENT PLANNING
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 portal.
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.
NEW SERVICE CONNECTION
If required, please contact the Hobart City Council's City Infrastructure Division to initiate the application process for your new stormwater connection.
STORMWATER
Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Hydraulic Services By law. Click here for more information.
WEED CONTROL
Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website.
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.
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.
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Delegation: Council
7.1.4 2 and 4 Tara Street, South Hobart - Public Art Installation |
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HARVEY That the recommendation contained in the report of the Development Appraisal Planner and the Acting Senior Statutory Planner of 26 August 2019, be adopted. |
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MOTION CARRIED
VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a public art installation at 2 Tara Street and 4 Tara Street, South Hobart for the reasons outlined in the officer’s report attached to item 7.1.4 of the Open City Planning Committee agenda of 16 September 2019 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 PLN19444 2 TARA STREET & 4 TARA STREET SOUTH HOBART TAS 7004 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
OPS s1
The installation of the art works up the slope towards the cliffs must be done in a way that minimises ground disturbance and does not damage or destroy any native vegetation. Any damage to native flora must be reported to the City of Hobart Bushland Unit immediately.
Reason for condition
To protect native vegetation and minimise the risk of more weeds invading the park.
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.
WEED CONTROL
Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment 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.
HERITAGE
The Applicant is advised that the location of Sculptures 3, 4 and 5 sit within the bushland and thus beyond the focus of early industrial activity associated with this heritage precinct and its distinctive history. As such, the Applicant might wish to consider the use of timber support poles in these locations as opposed to steel as a more appropriate choice of material.
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Delegation: Council
Supplementary item 11 was then taken.
Mr Mark Bresnehan (Applicant) addressed the Committee in relation to item 7.1.5.
7.1.5 4 Westinwood Road, Lenah Valley - Subdivision (One Additional Lot) |
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BRISCOE
That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a subdivision (one additional lot) at 4 Westinwood Road, Lenah Valley for the reason that the proposed subdivision achieves reasonable minimum lot sizes and a permit containing the following conditions be issued:
GEN
TW
ENG s1
ENG sw4
1. The location of the proposed connection; and 2. The size of the connection appropriate to satisfy the needs of the development.
Advice: · The applicant is advised to submit detailed design drawings via a Council City Amenity Division application for a new stormwater connection. If detailed design to satisfy this condition is submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will still need to submit an application for a new stormwater connection with Council City Amenity Division. · Where building / plumbing approval is also required, it is recommended that documentation to satisfy this condition is submitted well before submitting documentation for building/plumbing approval. Failure to address planning condition requirements prior to submitting for building/plumbing approval may result in unexpected delays.
ENG 4
ENG 11
1. LGAT Standard Drawing - Urban - TSD-R09-v1 – Urban Roads Driveways, TSD R14-v1 Type KC vehicular crossing, TSD-R11-v1 Urban Road Footpaths, or 2. A Council City Infrastructure Division approved alternate design.
· Local Government Association (LGAT) Tasmanian Standard Drawings (TSD) can be viewed electronically via the LGAT Website.
· Please note that your proposal does not include adjustment of footpath levels. Any adjustment to footpath levels necessary to suit the design of proposed floor, parking module or driveway levels will require separate agreement from Council's Road Services Engineer and may require further planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement. · Please contact Council City Infrastructure Division to discuss approval of alternate designs. Based on a site specific assessment, Council City Infrastructure Division Road Engineer may permit extending non-approved concrete slab crossover, and where non-standard kerb and channel exists a concrete plinth to Council standards may be permitted for construction at the gutter. · You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.
ENG 1
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.
Reason for condition ENV 1
SURV 1
SURV 2
SURV 3
1. Over any proposed or existing storm 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 two pipes). 2. Over any existing or proposed private rights of way or service easements in favour of the lots they are required to serve. 3. Over any existing Wayleave Easements in favour of TasNetworks
Reason for Condition
SURV 12
SURV 13
ENG 16
ENG 17
ENG r7
OPS 1
Reason for condition ADVICE
NEW SERVICE CONNECTION
FEES AND CHARGES
DIAL BEFORE YOU DIG
PART 5 AGREEMENT
· implement the relevant requirements of the approved Bushfire Management Plan in relation to the property; · implement recommendations 4-8, 10-11 and 13-18 of the Geotechnical Assessment as relevant to the property; · comply with the Tree Protection Plan; · implement the Weed Management Plan; and · ensure development is in accordance with the Swift Parrot Protection Guidelines.
SUBDIVISION ADVICE
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MOTION LOST VOTING RECORD
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HARVEY That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 27 August 2019, be adopted. |
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MOTION LOST VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the item be referred to Council without a recommendation.
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Delegation: Council
Supplementary item 12 was then taken.
8. Reports
Delegation: Committee
BRISCOE That the recommendation contained in the memorandum of the Director City Planning of 10 September 2019, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the memorandum titled ‘Delegated Permits Report (Planning)’ be received and noted
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Delegation: Committee
Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
No questions were asked at the meeting.
That the Committee resolve by majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:
· Legal action taken by, or involving the Council.
The following items were discussed:-
Item No. 1 Minutes of the last meeting of the Closed Portion of the Committee Meeting Item No. 2 Consideration of supplementary items to the agenda Item No. 3 Indications of pecuniary and conflicts of interest Item No. 4 Planning Authority Items – Consideration of Items with Deputations Item No. 5 City Acting as Planning Authority Item No. 5.1 Committee Acting as Planning Authority Item No. 5.1.1 2 Castray Esplanade, Battery Point - Partial Demolition, Alterations, Extension and Partial Change of Use to Visitor Accommodation - Appeal - PLN-18-413 LG(MP)R 15(4)(a) Item No. 6 Questions Without Notice
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MOTION CARRIED VOTING RECORD
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Delegation: Committee
11. 234 Elizabeth Street, 236-240 Elizabeth Street, 242-250 Elizabeth Street, Hobart - Archaeological Works |
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HARVEY That the recommendation contained in the report of the Development Appraisal Planner and the Acting Senior Statutory Planner of 9 September 2019, be adopted. |
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MOTION CARRIED
VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for archaeological works at 234, 236240 and 242250 Elizabeth Street Hobart TAS 7000 for the reasons outlined in the officer’s report attached to supplementary item 11 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 PLN19308 234, 236240 AND 242 250 ELIZABETH STREET 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: 5933 dated 22 August 2019, as attached to the permit.
Reason for condition
To clarify the scope of the permit.
ENV 1
Implement the 'Soil and Water Management Plan' (SWMP) developed by Environmental Management & Consulting Pty Ltd and dated 8 July 2019 for the duration of the works associated with the development.
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 10
Test trenching is to be limited to an area of 100 square metres with four (4), 5m x 5m sites proposed. An increase of 50% of the total test trenching area is acceptable as is a variation of the test trenching to additional smaller, linear test trenches to an area no greater than 150 square metres once Council is notified and approval issued by Council's Cultural Heritage Officer.
Reason for condition
To ensure that excavation at a place of archaeological potential is appropriately managed.
HER 11
Test trench 4 in the carpark of the business ABS Automotive Centre is to occur at times to allow the business to operate. Consideration is to be given to the following options to lessen the impact:
· limiting the size of the test trench · undertaking the test trenching outside of business hours · redesigning the test trenching to a larger number of smaller trenches excavated over different time intervals.
Reason for condition
To ensure that excavation at a place of archaeological potential is appropriately managed.
HER 12
A revised figure 5.1 (page 106 Praxis report) is to be submitted to Council showing all features (walls) as depicted in the 1851 plan for sale of the Robinson land (figure 4.12, page 80 Praxis report).
The revised plan must be submitted and approved by Council prior to the commencement of excavation in accordance with the above requirement.
Reason for condition
To ensure that excavation at a place of archaeological potential is appropriately managed.
HER 6
All test trenching is to be undertaken in accordance with the Archaeological Method Statement (pages 107111) of the Praxis Report.
Reason for condition
To ensure that excavation at a place of archaeological potential is appropriately managed.
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.
HERITAGE
The applicants are to consult with Aboriginal Heritage Tasmania and the Aboriginal Community with regards to relevant and related findings, conclusions and recommendations of the 'Historic Heritage Management Strategy for 234250 Elizabeth Street, Hobart' by Praxis Environment (Brad Williams) dated January 2017 and updated January 2018 with a Heritage Impact Assessment dated May 2017 and the report Archaeological Test Trenching Proposal by Praxis, dated May 2019.
All test trenching sites, site offices and other equipment must be secured and made safe.
The applicant must explore meaningful and safe ways in which members of the public view, understand and appreciate the site and the archaeological process.
The consultant is to provide Council with clarification as to what access/release protocols are required should Council be requested to release any report on the archaeological test trenching works once submitted to Council in accordance with the public benefit section of the Archaeological Method Statement (page 110) of the Praxis report.
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Delegation: Council
Supplementary item 13 was then taken.
Ms Elizabeth Osborne and Mr Jerry Hampton (Representors) addressed the Committee in relation to supplementary item 12.
12. 346-352 Elizabeth Street, and Adjacent Road Reserve, North Hobart - Partial Demolition, Alterations and Partial Change of Use to General Retail and Hire |
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PROCEDURAL MOTION BRISCOE That the item be deferred to enable the provision of further information in relation to the possible relocation of the main door further away from the intersection of Burnett Place and the exit from the Condell Place carpark, and the size/type of delivery vehicles to be used to access the premises. |
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PROCEDURAL MOTION CARRIED
VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the item be deferred to enable the provision of further information in relation to the possible relocation of the main door further away from the intersection of Burnett Place and the exit from the Condell Place carpark, and the size/type of delivery vehicles to be used to access the premises.
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a. Officer Report dated 6 September 2019 for PLN-19-298 - 346-352 Elizabeth Street and Adjacent Road Reserve, North Hobart ⇨ b. CPC Agenda Documents ⇨ |
Delegation: Committee
Item 7.1.3 was then taken.
13. Petition to Amend Sealed Plan 152588 |
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BRISCOE That the recommendation contained in the memorandum of the Environment Development Planner and the Director City Planning of 12 September 2019, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to section 103 of the Local Government (Building and Miscellaneous) Provisions Act 1993, the Council approve the petition to amendment Sealed Plan 152588 as outlined in Attachment A to supplementary item 13 of the Open City Planning Committee agenda of 16 September 2019.
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Item 8.1 was then taken.
The Chairman adjourned the meeting at 5:59 pm for a comfort break.
The meeting was reconvened at 6:00 pm and the discussion of item 7.1.2 recommenced.
There being no further business the open portion of the meeting closed at 7:18 pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
30th DAY OF SEPTEMBER 2019.
CHAIRMAN