Minutes (Open Portion)

City Planning Committee Meeting

Page 2

27/11/2017

Minutes (Open Portion)

City Planning Committee Meeting

Page 4

27/11/2017

BURNET

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 13 November 2017, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

Minutes (Open Portion)

City Planning Committee Meeting

Page 7

27/11/2017

7.1.1   13-17 Castray Esplanade Battery Point - Alterations and Partial Change of Use to Eating Establishment and Unlisted Use (Bar) and Signage

DENISON

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 17 November 2017, be adopted, amended by the following:

1.      Clause ENVHE s1 to be substituted with the following:

“ENVHE s1

No music must be played at the premises after 12 midnight, except that low volume music may be played at the premises until no later than 1:00 am.

Advice:  To help prevent any noise associated with the premises creating an environmental nuisance as defined by the Environmental Management and Pollution Control Act 1994, it is recommended that all external windows and doors be closed no later than 10:00 pm, and that no loud/heavy music or music with heavy bass be played.”

2.      The advice clause titled “Rubbish Collection” to be substituted with the following:

“RUBBISH COLLECTION

Rubbish collection, if done by a private contractor, is not to occur prior to 9:00 am, seven days a week, having regard to the amenity of nearby residents and visitors.”

MOTION LOST

VOTING RECORD

BURNET

That the item be re-committed to re-consider the Officers recommendation with amendments.

MOTION CARRIED

VOTING RECORD

DENISON

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 17 November 2017, be adopted, amended by the following:

1.      Clause ENVHE s1 to be substituted with the following:

“ENVHE s1

No music must be played at the premises after 12 midnight, except that low volume music may be played at the premises until no later than 1:00 am.

Advice:  To help prevent any noise associated with the premises creating an environmental nuisance as defined by the Environmental Management and Pollution Control Act 1994, it is recommended that all external windows and doors be closed no later than 10:00 pm, and that no loud/heavy music or music with heavy bass be played.”

2.      The advice clause titled “Rubbish Collection” to be substituted with the following:

“RUBBISH COLLECTION

Rubbish collection, if done by a private contractor, is not to occur prior to 9:00 am, seven days a week, having regard to the amenity of nearby residents and visitors.”

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for alterations and partial change of use to eating establishment and unlisted use (bar) and signage at 13­17 Castray Esplanade Battery Point for the reasons outlined in the officer’s report, attached to item 7.1.1 of the Open City Planning Committee agenda of 27 November 2017, 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 PLN­17­692 ­ 13­17 CASTRAY ESPLANADE BATTERY POINT TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

HER s1

The proposed flue to the front elevation is not approved. The flue must be enclosed and positioned to better reflect the architectural language, form and colouration of the front facade.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing the flue enclosed and positioned in accordance with the above requirement.

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

Reason for condition

To ensure that development at a Place of Cultural Significance is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance as required under clause 22.4.5 ‘Discretionary’ 'Building or works' in Schedule 1 – Conservation of Cultural Heritage Values of the Sullivans Cove Planning Scheme

1997.

HER s2

The above awning sign (located above the architectural fascia beam) is not approved.

Reason for condition

Because above awning signs are prohibited by clause 25.10 of the Sullivans Cove Planning Scheme 1997, and to ensure that signage is located on locations traditionally associated with advertising and that the individual and cumulative impact of signage to the site does not detract from the historic cultural significance of this Place of Cultural Significance as required under clauses 25.11 and 25.13 in Schedule 1 – Conservation of Cultural Heritage Values of the Sullivans Cove Planning Scheme 1997.

ENVHE s1

No music must be played at the premises after 12 midnight, except that low volume music may be played at the premises until no later than 1:00 am.

Advice:  To help prevent any noise associated with the premises creating an environmental nuisance as defined by the Environmental Management and Pollution Control Act 1994, it is recommended that all external windows and doors be closed no later than 10:00 pm, and that no loud/heavy music or music with heavy bass be played.

Reason for condition

To clarify the scope of the permit

ENVHE s2

No live amplified music is permitted to be played at the premises by this permit.

Advice: Acoustic live music is permitted, as is music played through a stereo.

Reason for condition

To clarify the scope of the permit

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

Building permit in accordance with the Building Act 2016. Click here for more information.

Discretionary Planning Permit issued pursuant to section 57 of the Land Use Planning and Approvals Act 1993.

PLUMBING PERMIT

Plumbing permit in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

ENVIRONMENTAL NUISANCE

Pollutants, including noise, dust and odours emitted as a result of the use or development must not create an environmental nuisance as defined by the Environmental Management and Pollution Control Act 1994. The wood fired oven has potential to cause a smoke nuisance. The applicant needs to make sure any risk of smoke nuisance is mitigated.

FOOD PREMISES

Detailed building plans showing all elevations, materials and specifications for food premises fit out are to be submitted to the Council's Environmental Health Unit via the building surveyor. These plans must comply with the provisions of the Building Code of Australia National Construction Code Tas Part H102 for food premises and have regard to the Food Safety Standards.

FOOD BUSINESS

Application for registration of a food business must be made and subsequent written approval must be obtained from the Council's Environmental Health Unit in accordance with the Food Act 2003. The business is to be registered prior to operation.

RUBBISH COLLECTION

Rubbish collection, if done by a private contractor, is not to occur prior to 9:00 am, seven days a week, having regard to the amenity of nearby residents and visitors.

CONTROLLING PATRON BEHAVIOUR

The applicant is strongly encouraged to take all reasonable steps to ensure that patrons leave the bar in a timely and orderly manner, particularly at closing time.

SMOKING AREA

The provision of an outdoor dining area will require compliance with current State Government and/or Hobart City Council tobacco controls.

.

7.1.2   1/63 Salamanca Place, Hobart - Outdoor Dining

BURNET

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 20 November 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for outdoor dining at 1/63 Salamanca Place and adjacent road reservation for the reasons outlined in the officer’s report, attached to item 7.1.2 of the Open City Planning Committee agenda of 27 November 2017 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 PLN­17­698 ­ 63 SALAMANCA PLACE AND ADJACENT ROAD RESERVE BATTERY POINT TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG 3

Any works associated with existing Council signage and bollards being relocated or removed must be at the developer's cost.

Reason for condition

To ensure that works are undertaken at the developer's cost.

ENG 1

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

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

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

to provide to the Council a photographic record of the Council’s infrastructure,

then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

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

HER s1

The outdoor dining furniture must be temporary and not permanently affixed to the ground. The outdoor dining furniture must only be in situ while the eating establishment use is open to the public. When the use is closed to the public the furniture must be removed.

Reason for condition

To ensure that the outdoor dining furniture other than that reasonably required to be attached to the public highway remains temporary in both appearance and nature on the basis that the permanent installation of such ‘ephemeral’ features would fail to be in keeping with the characteristics and the historical and cultural significance of this and neighbouring Heritage Listed sites, in compliance with the objectives of Schedule 1 of the Sullivans Cove Planning Scheme 1997.

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.

OCCUPATION OF THE PUBLIC HIGHWAY

Occupational licence for use of Hobart City Council highway reservation (outdoor seating, etc). 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.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

OUTDOOR DINING

The City of Hobart as highway authority only consider requests for the installation of tables, chairs and barriers to facilitate outdoor dining that can be removed from the public footpath when not in use. The General Manager advises any applicant considering the purchase and installation of furniture on the Salamanca Place footpath that until such time that Council considers and resolves it's future direction for the management of the footpath, that any furniture purchased and installed that is not compatible with the future direction may need to be removed at the applicant's cost. When the Council implements changes to the regulation in this area, the applicants must ensure compliance with the new regulations at their own cost.

.

7.2.1   42 Runnymede Street, Battery Point - Partial Demolition, Alterations and Extension

RUZICKA

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 9 November 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and extension at 42 Runnymede Street, Battery Point for the reasons outlined in the officer’s report 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 PLN­17­620 ­ 42 RUNNYMEDE STREET BATTERY POINT TAS 7004 ­ 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 Application No. 5390 dated 19 October 2017, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 15a

A demolition waste management plan must be implemented throughout demolition. The demolition waste management plan must include provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

Advice:

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

Reason for condition

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

PLN s1

The roof garden is not approved and must be replaced by a skillion roof at the same height.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing the roof garden replaced with a skillion roof at the same maximum height as the roof garden, in accordance with the above requirement.

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

Reason for condition

To protect the character of the area

ENG 1

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

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

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

Reason for condition

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

ENV 1

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site. Sediment controls must be maintained until all areas of disturbance have been stabilized or re­vegetated.

Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

Reason for condition

To avoid the sedimentation of roads, drains, natural watercourses, council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.

HER 17

The exterior materials and colours must reflect the materials and colours within the local streetscape and precinct.

Prior to the issue of any approval under the Building Act 2016 (excluding for demolition only), details must be submitted and approved setting out:

1.         A painted cladding material to the gable ends of the proposed extension; and

2.         A roof sheeting with corrugated profile (similar to traditional 75mm 'Custom Orb' profile) for the gabled roof of the proposed extension; and

3.         Exterior materials and colours that reflect the materials and colours within the local streetscape and precinct.

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

Reason for condition

To ensure compliance with E13.7.2 P1, P2, P3 and P4 and to ensure that the development is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER s4

The roof pitch of the proposed extension must be reduced to 35 degrees.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing a modified roof pitch of 35 degrees, with a ridge line at RL26.775, in accordance with the above requirement.

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

Reason for condition

To ensure compliance with E13.7.2 P1, P2, P3 and P4 and to ensure that the development is subservient and complementary and does not result in diminution of historic cultural heritage significance.

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

Building permit in accordance with the Building Act 2016. Click here for more information.

Discretionary Planning Permit issued pursuant to section 57 of the Land Use Planning and Approvals Act 1993.

PLUMBING PERMIT

Plumbing permit in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

WORK PLACE HEALTH AND SAFETY

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

NOISE REGULATIONS

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

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.

7.2.2   479 Sandy Bay Road, Sandy Bay - Partial Demolition, Alterations, Extension and Partial Change of Use to Multiple Dwellings and Home-Based Business

PROCEDURAL MOTION

RUZICKA

That the item be deferred to a subsequent City Planning Committee meeting to enable the calculations contained within the report to be clarified.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the item be deferred to a subsequent City Planning Committee meeting to enable the calculations contained within the report to be clarified.

7.2.3   98 Augusta Road Lenah Valley - Change of Use to Food Services, Partial Demolition, Alterations and Signage

DENISON

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 15 November 2017, be adopted.

MOTION LOST

VOTING RECORD

BURNET

Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for Change of Use to Food Services, Partial Demolition, Alterations and Signage at 98 Augusta Road, Lenah Valley for the following reasons:

1.         The proposal does not meet the acceptable solutions or the performance criteria with respect to clause 11.3.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 in that the proposed hours of operation will have an unreasonable impact upon the residential amenity through commercial vehicle movements, noise or other emissions that are unreasonable in their timing, duration or extent.  It is also noted that the proposal does not meet zone purpose statements 11.1.1.2 and 11.1.1.6 of the Hobart Interim Planning Scheme 2015 in that the proposal is not a compatible non-residential use that primarily serves the local community, nor is it a commercial use which provides services for the needs of residents of a neighbourhood without adversely affecting their amenity, particularly through noise, traffic generation and movement, and the impact of demand for on-street parking.

2.         The proposal does not meet the acceptable solutions or the performance criteria with respect to clause 11.3.1 A2 and P2 of the Hobart Interim Planning Scheme 2015 in that noise emissions measured at the boundary of the site will cause environmental harm.

3.         The proposal does not meet the acceptable solutions or the performance criteria with respect to clause 11.3.1 A3 and P3 of the Hobart Interim Planning Scheme 2015 in that external lighting will adversely affect existing residential amenity.

4.      The proposal does not meet the acceptable solutions or the performance criteria with respect to clause E6.6.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 in that the number of on-site car parking spaces is not sufficient to meet the reasonable needs of users.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for Change of Use to Food Services, Partial Demolition, Alterations and Signage at 98 Augusta Road, Lenah Valley for the following reasons:

1.         The proposal does not meet the acceptable solutions or the performance criteria with respect to clause 11.3.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 in that the proposed hours of operation will have an unreasonable impact upon the residential amenity through commercial vehicle movements, noise or other emissions that are unreasonable in their timing, duration or extent.  It is also noted that the proposal does not meet zone purpose statements 11.1.1.2 and 11.1.1.6 of the Hobart Interim Planning Scheme 2015 in that the proposal is not a compatible non-residential use that primarily serves the local community, nor is it a commercial use which provides services for the needs of residents of a neighbourhood without adversely affecting their amenity, particularly through noise, traffic generation and movement, and the impact of demand for on-street parking.

2.         The proposal does not meet the acceptable solutions or the performance criteria with respect to clause 11.3.1 A2 and P2 of the Hobart Interim Planning Scheme 2015 in that noise emissions measured at the boundary of the site will cause environmental harm.

3.         The proposal does not meet the acceptable solutions or the performance criteria with respect to clause 11.3.1 A3 and P3 of the Hobart Interim Planning Scheme 2015 in that external lighting will adversely affect existing residential amenity.

4.      The proposal does not meet the acceptable solutions or the performance criteria with respect to clause E6.6.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 in that the number of on-site car parking spaces is not sufficient to meet the reasonable needs of users.

8.1      Response to Petition - Soundy Park, North Hobart - Increased Times for Dog Off-Lead

BURNET

That the recommendation contained in the report of the Manager Development Compliance of 22 November 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:  1.     The matters raised on the petition requesting more off-lead time in Soundy Park be received and noted.

2.    The use of Soundy Park by dogs be considered as part of the review of the Council’s Dog Management Strategy 2014-2018 scheduled to commence in early 2018.

3.    The petitioners be notified of Council’s decision.

8.2      Visitor Accommodation Mapping - May to November 2017

RUZICKA

That the recommendation contained in the memorandum of the Director City Planning of 22 November 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled ‘Visitor Accommodation Mapping – May to November 2017’ of 22 November 2017 be received and noted.

8.3      City Planning - Advertising Report

RUZICKA

That the recommendation contained in the memorandum of the Director City Planning of 22 November 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled ‘City Planning – Advertising Reports’ of 22 November 2017 be received and noted.

8.4      Delegated Decisions Report (Planning)

RUZICKA

That the recommendation contained in the memorandum of the Director City Planning of 22 November 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled ‘Delegated Decisions Report (Planning)’ of 22 November 2017 be received and noted.

9.1      Alderman Denison - Calculations Based on the Henry Design Decision

Question:    In relation to the development applications refused on the basis of the Henry Design decision calculations, could the Director please advise of the possibility of re-calculating these applications to see if the calculations were correct, and if different, what course of action can be taken?

Answer:       The Director City Planning took the question on notice.