Minutes (Open Portion)

City Planning Committee Meeting

Page 2

27/5/2019

Minutes (Open Portion)

City Planning Committee Meeting

Page 4

27/05/2019

DENISON

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 13 May 2019, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

Minutes (Open Portion)

City Planning Committee Meeting

Page 7

27/05/2019

7.1.1   18 Aotea Road, Sandy Bay - Change of Use to Visitor Accommodation

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 7 May 2019, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for change of use to visitor accommodation at 18 Aotea Road, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 27 May 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 PLN­19­126 ­ 18 AOTEA ROAD SANDY BAY TAS 7005 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 18

Prior to the commencement of the approved use, a management plan for the operation of the visitor accommodation must be submitted and approved, to the satisfaction of the Council's Director City Planning. The management plan must include measures to limit, manage and mitigate unreasonable impacts upon the amenity of permanent residents. These measures must include, but are not limited to, the following requirements:

1.      A strict no­party policy, preventing events such as disruptive parties, functions, gatherings or otherwise to occur on site;

2.      An appropriate waste management protocol, including removal of rubbish after each booking;

3.      To limit, manage, and mitigate noise generated by the visitor accommodation;

4.      To limit, manage, and mitigate behavioural issues associated with the visitor accommodation;

5.      To specify the maximum permitted occupancy of the visitor accommodation. The accommodation must not be offered to more than twelve (12) guests, occupying up to six (6) rooms, at any one time;

6.      To specify the maximum number of vehicles to be associated with guests, their type and where they must be parked. Guests using the accommodation must have a maximum of three (3) standard vehicles that are all capable of being driven onto the site. The management plan must also specify that those vehicles are all parked on the site at all times in the existing garage spaces or elsewhere upon the site. Guests bringing their own vehicle/s must utilise on site parking spaces and vehicles must not be left parked in surrounding streets. Mini buses or coaches must not be allowed to be retained near the site by guests and can be used for drop off or pick up only.

Once accepted by the Council, the management plan must be:

1.      Circulated by the property owner, at a minimum, to all adjoining properties and those directly opposite across Aotea Road;

2.      Implemented prior to the commencement of the approved use; and

3.      Maintained for as long as the visitor accommodation is in operation.

Once approved, the management plan must be implemented prior to the commencement of the approved use and must be maintained for as long as the visitor accommodation is in operation.

Reason for condition

To ensure that visitor accommodation does not cause an unreasonable loss of residential amenity.

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.

VISITOR ACCOMMODATION

More information on visitor accommodation, including when building approval is required, can be found here.

In all cases, check with your insurance company that you have adequate cover.

If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.

7.1.2   4 Danval Place, West Hobart and Adjacent Road Reserve - Partial Demolition, Alterations, Extensions and Carport

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 17 May 2019, 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, extensions and carport at 4 Danval Place, and adjacent highway reservation, West Hobart for the reasons outlined in the officer’s report attached to item 7.1.2 of the Open City Planning Committee agenda of 27 May 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 PLN­19­120 ­ 4 DANVAL PLACE WEST HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s4

The car port must be reduced in height and bulk.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved to the satisfaction of the Director City Planning, in accordance with the above requirements. The revised plans must show the following:

1.       The car port roof design must be a single plane/skillion design with a maximum height of no more than 2.7m from the car parking deck level (RL+163 050); and

2.       The timber slats on the north eastern elevation of the car port must be only below the standard balustrade.

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

Reason for condition

To provide relative consistency in the apparent scale, bulk, massing and proportion of dwellings (and outbuildings) in the area.

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 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 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 commencement of use, 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 3a

The access driveway and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

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.

Reason for condition

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

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 in accordance with the Australian Standard AS/NZS2890.1:2004.

3.       Where the design deviates from AS/NZS2890.1:2004, demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use including endorsement from Council's City Amenity Division.

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 and ENG r1.

Prior to the commencement of use, 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 commencement of use.

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 5

The number of car parking spaces approved on the site for use is one (1).

Reason for condition

To ensure the provision of parking for the use is safe and efficient.

ENG 1

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

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

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

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

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, 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 footings (driveway deck) within the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings and structural certificates of the driveway deck footings within the Danval Place 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.      Take into account any additional surcharge loadings as required by relevant Australian Standards;

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

5.      Detail the design and location of the footing adjacent to Danval Place highway reservation; and

6.      Include a structure certificate which notes that the driveway deck footings will not undermine the highway reservation.

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 apron within the Danval Place highway reservation must be designed and constructed in accordance with:

·        Urban ­ TSD­R09­v1 – Urban Roads Driveways and TSD R14­v1 Type

KC vehicular crossing.

·        Rural – TSD­R04­v1 – Rural Roads Typical Driveway Profile and TSD R03­v1 Rural Roads Typical Property Access.

·        Footpath ­ Urban Roads Footpaths TSD­R11­v1.

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

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

2.     Be designed for the expected vehicle loadings. A structural certificate to note that driveway is suitable for heavy vehicle loadings.

3.     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 cars underside if the design deviates from the requirements of the TSD.

4.     Be approved by Council's City Amenity Division should the design deviate from the previously submitted documentation. Note: that the agreement of the Council’s is required to adjust footpath levels.

5.     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 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 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.

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a permit for the occupation of the public highway 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.

PLANNING

This planning permit is for a single dwelling. It is noted that duplicate living areas, and kitchen facilities have been proposed and approved. This permit does not approve the use of the site as multiple dwellings.

You are encourage to plant and maintain screening vegetation between the new lower level deck close the rear boundary. To screen this deck would improve privacy between this deck and the neighbouring private outdoor space however it would reduce sunlight to the proposed deck and rumpus room.

STORM WATER

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.

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.

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.

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.

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.

PROTECTING THE ENVIRONMENT

In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." 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.

8.1      Sullivans Cove Planning Scheme 1997 - Macquarie Point Site Development Plan - Proposed Amendments - Consideration of Representation

HARVEY

That the recommendation contained in the report of the Manager Planning Policy and Heritage and the Director City Planning of 22 May 2019, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   1.    Pursuant to section 39H(14) of the Macquarie Point Development Corporation Act 2012, the Council advise the Minister for State Growth that it does not support the representation received from Ireneinc on behalf of DarkLab and MONA in relation to the PSA-19-2 Amendments to the Sullivans Cove Planning Scheme 1997.

2.    Council advise the Minister for State Growth that it supports the PSA-19-2 Amendments to the Sullivans Cove Planning Scheme 1997.

8.2      Beach Water Quality

HARVEY

That the recommendation contained in the report of the Manager Environmental Health of 22 May 2019, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   1.    The Council issue a joint media release with the Derwent Estuary Program and TasWater to celebrate the improvement in water quality at Nutgrove Beach West drawing attention to the collaborative work on the Lipscombe Rivulet.

            2.    In conjunction with the Derwent Estuary Program and TasWater, Council undertakes an investigation and targeted sampling of potential stormwater related sources of contamination impacting Nutgrove Beach East prior to the commencement of the 2019-20 swimming and monitoring season.

            3.    Council implements the various activities as outlined within section 5.1 of the report marked as item 8.2 of the Open City Planning Committee agenda of 27 May 2019, prior to the commencement of the season, and participates in workshops and training on methods for effective enterococci source tracing facilitated by the Derwent Estuary program.

8.3      Delegated Decisions Report (Planning)

BRISCOE

That the recommendation contained in the memorandum of the Director City Planning of 22 May 2019, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled ‘Delegated Decisions Report (Planning)’ of 22 May 2019 be received and noted.

8.4      City Planning Advertising Report

HARVEY

That the recommendation contained in the memorandum of the Director City Planning of 22 May 2019, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled ‘City Planning - Advertising Report’ of 22 May 2019 be received and noted.

11.      56 Athleen Avenue and Adjacent Road Reserve, Lenah Valley - Dwelling

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 17 May 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 56 Athleen Avenue, and adjacent road reserve, Lenah Valley for the reasons outlined in the officer’s report attached to supplementary item 11 of the Open City Planning Committee agenda of 27 May 2019 and a permit containing the following conditions be issued:

GEN

The use and development must be substantially in accordance with the documents and drawings that comprise PLN­19­145 ­ 56 ATHLEEN AVENUE LENAH VALLEY TAS 7008 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG sw2.1

A pre construction CCTV recording of the Council stormwater main in Athleen Avenue adjacent to the proposed development must be submitted to Council prior to the commencement of work.

The post construction CCTV 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 pre construction CCTV video of the Council’s infrastructure, then any damage to the Council infrastructure identified in the post construction CCTV will be deemed to be the responsibility of the owner.