Minutes (Open Portion)

City Planning Committee Meeting

Page 2

24/6/2019

Minutes (Open Portion)

City Planning Committee Meeting

Page 4

24/06/2019

BEHRAKIS

The minutes of the Open Portion of the City Planning Committee meeting held on Tuesday, 11 June 2019, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Burnet

Briscoe

Denison

Harvey

Behrakis

Minutes (Open Portion)

City Planning Committee Meeting

Page 7

24/06/2019

AYES

NOES

Deputy Lord Mayor Burnet

Briscoe

Denison

Harvey

Behrakis

7.1.1   24 Salamanca Square, Battery Point and Adjacent Road Reserve - Partial Demolition and New Umbrellas

BEHRAKIS

That the recommendation contained in the report of the Development Appraisal Planner and Senior Statutory Planner of 18 June 2019, be adopted, as amended by the addition of the following advice clause:

“It is noted that the applicant only intends to deploy the drop-down blinds in the instances of inclement weather.”

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for a partial demolition and extension (new umbrella roof and structure) at 24 Salamanca Square, Battery Point TAS 7004 for the reasons outlined in the officer’s report, attached to item 7.1.1 of the Open City Planning Committee Agenda of 24 June 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 PLN­19­114 ­ 24 SALAMANCA SQUARE BATTERY POINT AND ADJACENT ROAD RESERVE BATTERY POINT TAS 7000 ­ CPC Agenda 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 2019/00364­HCC dated 2 May 2019 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw4

The proposed covered area must be drained to Council infrastructure. Any new stormwater connection required must be constructed by the Council at the owner’s expense prior to use.

Detailed design drawings showing both existing and proposed services must be submitted and approved. The detailed design drawings must:

1.     Include the proposed levels of the connection;

2.     Include long­sections of the proposed connection, clearly showing any nearby services, cover, size, material and delineation of public and private infrastructure;

3.     Provide sufficient details of reinstatement required;

4.     Show a pedestrian suitable cover lid for the connection point when not in use; and

5.     Be checked and certified by a qualified and experienced person(s).

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

Advice:

Prior to commencing any works the applicant must obtain an 'application for a new stormwater connection', from Council's City Amenity Division.

Reason for condition

To ensure that stormwater from the site will be discharged to a suitable Council approved outlet, and not pose a risk to pedestrians.

In accordance with the hazard and risk mitigation of the Planning Scheme Environmental Objectives.

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.

ENG r1

The proposal must ensure it does not compromise the area's primary function as a public space that may on occasion be utilised for public events or as a public roadway for access. To achieve this, the proposal must demonstrate that:

1.     Emergency vehicle access to Salamanca Square is not compromised;

2.     The structure can be safely and readily decommissioned, as well as removed from site, within a reasonable time frame;

3.     Damage and intrusion into the road pavement is minimized;

4.     Mitigation measures to ensure no pedestrian trip hazards will be present after removal; and

5.     There is no obstruction of access to utility service access point.

Advice:

·        Prior to undertaking construction, the applicant must obtain a Traffic Management and Road Opening permit from Council’s City Amenity Division.

·        Prior to commencement of use of the proposal, the applicant must obtain a new Occupancy Agreement from Council’s City Planning Division.

Reason for condition

To ensure access and amenity of the roadway is not permanently compromise.

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.

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.

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 occupational licence for use of Hobart City Council highway reservation (e.g. outdoor seating, etc). Click here for more information.

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

You may require a road closure permit for construction. 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.

DROP-DOWN BLINDS

It is noted that the applicant only intends to deploy the drop-down blinds in the instances of inclement weather.

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.

STRUCTURES CLOSE TO COUNCILS' STORMWATER MAIN

The design of structures (including footings) must provide protection for the Council’s infrastructure. For information regarding appropriate designs please contact the Council's City Amenity Division.

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.

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.

7.2.1   211 Churchill Avenue, Sandy Bay - Partial Demolition and Two Multiple Dwellings (One Existing, One New)

PROCEDURAL MOTION

DENISON

That the item be deferred to enable Council Officers to seek legal advice regarding the public notification of the application.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the item be deferred to enable Council Officers to seek legal advice regarding the public notification of the application.

7.2.2   53 Hillcrest Road, Tolmans Hill and Adjacent Road Reserve - Dwelling

DENISON

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 11 June 2019, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a dwelling at 53 Hillcrest Road, Tolmans Hill for the reasons outlined in the officer’s report attached to item 7.2.2 of the Open City Planning Committee agenda of 24 June 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 PLN­18­696 ­ 53 HILLCREST ROAD TOLMANS HILL TAS 7007 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

THLAP 2

Landscaping of the site must be completed within 12 months of first occupation and maintained for the life of the building.

All work required by this condition must be undertaken in accordance with the approved Landscape Plan included in the Final Planning Documents.

Reason for condition

In the interest of protection of the landscape value of the area, and to minimise the spread of weeds.

THLAP 3

No additional trees or bushland growth outside the building envelope area (as shown in the Building Envelope Plan Figure 01 of Stage 17A of the Tolmans Hill Local Area Plan), or as otherwise approved by this permit, are to be removed or disturbed, unless further and separate planning approval is obtained.

The bushland area to be retained is to be temporarily fenced off, prior to any excavation work being undertaken on site and must remain in place until completion of building work.

Reason for condition

In order that the bushland nature of the Tolmans Hill Estate is retained.

PLN s1

The use of Colorbond Surfmist is not approved. An alternative, darker or mid­

toned colour must be used.

The use of natural (bare) concrete for the access drive and path to the front door is not approved. An alternative, darker or mid­toned finish, or an incorporate exposed aggregate, must be used.

Details of appropriate alternative colours, materials and finishes must be submitted and approved prior to the issue of any approval under the Building Act 2016. The details must:

1.     Identify the colour/finish/material name and manufacturer brand (if relevant); and

2.     Include a sample image of the colour/finish/material.

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

Reason for condition

To ensure housing is integrated with the bushland character, and to ensure the new buildings are unobtrusive.

ENG sw1

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

Reason for condition

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

ENG 2b

Prior to the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first), a certified vehicle barrier design (including site plan with proposed location(s) of installation) prepared by a suitably qualified engineer, compliant with Australian Standard AS/NZS1170.1:2002, must be submitted to Council.

Advice:

·        If the development's building approval includes the need for a Building Permit from Council, the applicant is advised to submit detailed design of vehicular barrier as part of the Building Application.

·        If the development's building approval is covered under Notifiable Work the applicant is advised to submit detailed design of vehicular barrier as a condition endorsement of the planning permit condition. 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 standard.

ENG 2c

Prior to the first occupation, vehicular barriers 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 AS/NZS1170.1:2002.

Advice:

·        Certification may be submitted to the Council as part of the Building Act 2016 approval process or via 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 3b

The access driveway and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved, prior to the issuing of any approval under the Building Act 2016.

The access driveway, and parking module (parking spaces, aisles and manoeuvring area) 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;

3.      Demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, where the design deviates from AS/NZS2890.1:200; and

4.      Show dimensions, levels, gradients and transitions, and other details as Council deem necessary to satisfy the above requirement.

Advice:

·        It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.

·        Once the design 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 users of the access and parking module, and compliance with the relevant Australian Standard.

ENG 3c

The access driveway, and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the design drawings approved by Condition ENG 3b.

Prior to the first occupation, documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the above drawings must be lodged with Council.

Advice:

·        Certification may be submitted to Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement)

Reason for condition

To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.

ENG 4

The access driveway and parking module (car parking spaces, aisles and manoeuvring area) 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.

Reason for condition

To ensure the safety of users of the access driveway and parking module, and 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.

ENG r1

The excavation and/or earth­retaining structures (i.e. embankments, cuttings, retaining walls) and footings and driveway within or supporting the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings, structural certificates and associated geotechnical assessments of the embankments, footings, retaining walls and driveway supporting and/or within the Hillcrest Road highway reservation must be submitted and approved, prior to the commencement of work and must:

1.     Be prepared and certified by a suitable qualified person and experienced engineer;

2.     Not undermine the stability of the highway reservation;

3.     Be designed in accordance with AS4678, with a design life in accordance with table 3.1 typical application major public infrastructure works;

4.     Take into account any additional surcharge loadings as required by relevant Australian Standards;

5.     Take into account and reference accordingly any Geotechnical findings;

6.     Include pedestrian handrails on all retaining walls greater than 900mm located within the highway reservation;

7.     Detail any mitigation measures required; and

8.     Ensure that the structure certificated and/or drawings is notated in accordance with the above.

All work required by this condition must be undertaken in accordance with the approved select design drawing and structural certificates.

Advice:

·        The applicant is required submit detailed design documentation to satisfy this condition via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.

·        Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To ensure that the stability and integrity of the Council’s highway reservation is not compromised by the development.

ENGR 3

Prior to the commencement of use, the proposed driveway crossover Hillcrest Road highway reservation must be designed and constructed generally in accordance with:

·        Urban ­ TSD­R09­v1 – Urban Roads Driveways and TSD R14­v1 Type KC vehicular crossing.

·        Footpath ­ Urban Roads Footpaths TSD­R11­v1.

Design drawings must be submitted and approved prior to the commencement of work. The design drawings must:

1.     Show the cross and long section of the driveway crossover within the highway reservation and onto the property;

2.     Detail any services or infrastructure (i.e. light poles, pits, awnings) at or near the proposed driveway crossover;

3.     Be designed for the expected vehicle loadings;

4.     Show swept path templates in accordance with AS/NZS 2890.1 2004 that demonstrates a B85 vehicle can enter and exit the site and can be fully contained within the extents of the sealed driveway for all manoeuvres;

5.     If the design deviates from the requirements of the TSD, demonstrate that a B85 vehicle or B99 depending on use (AS/NZS 2890.1 2004, section 2.6.2) can access the driveway from the road pavement into the property without scraping the vehicle's underside; and

6.     Be prepared and certified by a suitable qualified person, to satisfy the above requirement.

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

Advice:

·        The applicant is required submit detailed design documentation to satisfy this condition via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.

·        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.

·        Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To ensure that works will comply with the Council’s standard requirements.

ENV 2

Sediment and erosion control measures, 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 prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. 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.

Part 5 r1

The owner(s) of the property must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 with respect to the protection of retaining walls, buildings adjacent to the Hillcrest Road highway reservation prior to the commencement of work.

The owner must not undertake any works at any time (including excavation and building) that will have any effect on the integrity of the Hillcrest Road highway reservation or any retaining structure adjacent to Hillcrest Road highway reservation or the road formation themselves or undermine the structural integrity of the highway reservation.

All costs for the preparation and registration of the Part 5 Agreement must be met by the owner.

The owner must comply with the Part 5 Agreement which will be placed on the property title.

Advice:

·        For further information with respect to the preparation of a Part 5 agreement please contact Council Development Engineering Staff.

Reason for condition

To ensure the protection of Council are retained.

SUB s1

The width and location of the existing Embankment Easement over Lot 6 on SP 163561 is to be amended under the provisions of Section 103 of the Local Government (Building & Miscellaneous) Provisions Act 1993. The amendment to the embankment easement is to be undertaken to the satisfaction of the Council's Director of City Planning prior to the issue of any building consent, building permit and/or plumbing permit pursuant to the Building Act 2016 (if applicable), or the commencement of works on site (whichever occurs first).

Reason for condition

To ensure that the proposed development does not encroach into the Embankment Easement over Lot 6 on SP 163561.

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 ENGINEERING

All engineering drawings required to be submitted and approved by this planning permit must be submitted to the City of Hobart as a CEP (Condition Endorsement) via the City’s Online Service Development Portal. When lodging a CEP, please reference the PLN number of the associated Planning Application. Each CEP must also include an estimation of the cost of works shown on the submitted engineering drawings. Once that estimation has been confirmed by the City’s Engineer, the following fees are payable for each CEP submitted and must be paid prior to the City of Hobart commencing assessment of the engineering drawings in each CEP:

Value of Building Works Approved by Planning Permit Fee:

·        Up to $20,000: $150 per application.

·        Over $20,000: 2% of the value of the works as assessed by the City's Engineer per assessment.

These fees are additional to building and plumbing fees charged under the Building and Plumbing Regulations.

Once the CEP is lodged via the Online Service Development Portal, if the value of building works approved by your planning permit is over $20,000, please contact the City’s Development Engineer on 6238 2715 to confirm the estimation of the cost of works shown on the submitted engineering drawings has been accepted.

Once confirmed, pleased call one of the City’s Customer Service Officers on 6238 2190 to make payment, quoting the reference number (ie. CEP number) of the Condition Endorsement you have lodged. Once payment is made, your engineering drawings will be assessed.

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.

TOLMANS HILL LOCAL AREA PLAN

The Tolmans Hill Local Area Plan (Stage 17A) is available here.

Front fences must not be erected on the property, and side boundary fences must be in accordance with the provisions of the relevant Tolmans Hill Local area Plan.

This approval and subsequent conditions are given in the knowledge that the Part 5 Agreement on the title (CT 163561/6) to the property is effective and binds the applicant to the restrictions and controls of the Local Area Plan.

Plant species listed in Council’s Restricted Plant List: Potentially Invasive Species Generally Unsuitable for Planting in or Adjacent Bushland, Riparian and Coastal Areas (June 2011) must not be planted on the lot (available here).

OCCUPATION OF THE PUBLIC HIGHWAY

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

BUILDING OVER AN EASEMENT

In order to build over the service easement, you will require the written consent of the person on whose behalf the easement was created, in accordance with section 74 of the Building Act 2016.