Minutes (Open Portion)

City Planning Committee Meeting

Page 2

29/5/2017

Minutes (Open Portion)

City Planning Committee Meeting

Page 4

29/05/2017

REYNOLDS

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 15 May 2017, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

Minutes (Open Portion)

City Planning Committee Meeting

Page 7

29/05/2017

7.1.1   15 Marieville Esplanade, Sandy Bay - Adjacent area of River Derwent - Partial Demolition, Boat Ramp Pontoon, Refuelling Pontoon and Fuel Storage Tank and Dispensing Facility

DENISON

That the recommendation contained in the report of the Manager Development Appraisal of 24 May 2017, be adopted, amended by the following:

An additional advice clause to read as follows:

“CONSULTATION WITH THE DERWENT SAILING SQUADRON

It is recommended that the Applicant consult with the Derwent Sailing Squadron in relation to the southern floating pontoon.”

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for Partial Demolition, Boat Ramp Pontoon, Refuelling Pontoon and Fuel Storage Tank and Dispensing Facility at 15 Marieville Esplanade and Adjacent Area of River Derwent, Sandy Bay 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 PLN­16­1184 ­ 15 MARIEVILLE ESPLANADE SANDY BAY TAS 7005 except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG 12

A construction waste management plan must be implemented throughout construction.

A construction waste management plan must be submitted and approved, prior to commencement of work on the site. The construction waste management plan must include:

·          Provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

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

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

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

Reason for condition

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

ENG 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 2

Demolition and construction environmental management measures, in accordance with an approved Demolition and Construction Environmental Management Plan (D&CEMP) must be implemented.

A D&CEMP must be submitted and approved, prior to the issue of any building consent or commencement of work (if no building consent is required). The D&CEMP must identify potential impacts upon natural values as a result of the development during demolition and construction works and include management measures where necessary to minimise potential impacts including:

·          disturbance of the river bed during demolition of the existing jetty;

·          sediment transfer into waterways from the construction of new fuel lines and fuel tank;

·          disturbance of noise sensitive fauna during piling activities; and

·          leaks and spills of fuels, wastes and other pollutants into waterways (including from construction equipment and machinery).

The D&CEMP must demonstrate compliance with any relevant recommendations of the Wetlands and Waterways Works Manual (DPIWE, 2003) and Tasmania Coastal Works Manual (DPIPWE, 2010).

All work required by this condition must be undertaken in accordance with the approved D&CEMP.

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

Reason for condition

To ensure the development meets the provisions of the Inundation Prone Areas Code of the Hobart Interim Planning Scheme 2015.

ENV s1

The development must be designed, installed and operated in accordance with Australian Standard AS­1940: The storage and handling of flammable and combustible liquids.

Reason for condition

To ensure the development complies with the Waterway and Coastal Protection Code of the Hobart Interim Planning Scheme 2015.

ENV s2

The development must be designed and used in accordance with The Royal Yacht Club of Tasmania Fuel Facilities ­ Refueling Procedures and Guidelines (September, 2016) or an alternative document specifying refueling requirements and procedures approved in writing by the Planning Authority.

Reason for condition

To ensure the development complies with the Waterway and Coastal Protection Code of the Hobart Interim Planning Scheme 2015.

ENVHE 1

Recommendations in the report 'Environmental Site Assessment, Royal Yacht Club of Tasmania, 15 Maryville Esplanade Sandy Bay, February 2017' and the associated 'Contamination Management Plan, Royal Yacht Club of Tasmania, Sandy Bay, February 2017' prepared by Geo­Environmental Solutions P/L, 86 Queen St, Sandy Bay, must be implemented.

Reason for condition

To ensure that the risk to future occupants of the building remain low and acceptable.

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

As 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 e­service portal.

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

BUILDING PERMIT

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

TEMPORARY PARKING PERMITS

Temporary parking permits for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.

ENVIRONMENTAL MANAGEMENT

Please note that under section 32 of the Environmental Management and Pollution Control Act 1994 a person responsible for the activity must notify the relevant council, as soon as reasonably practicable but not later than 24 hours, after becoming aware of the release of a pollutant occurring as the result of any incident in relation to that

activity, including an emergency, accident or malfunction, if this release causes or may cause an environmental nuisance.

NOISE REGULATIONS

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

WASTE DISPOSAL

Click here for information regarding waste disposal.

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.

CONSULTATION WITH THE DERWENT SAILING SQUADRON

It is recommended that the Applicant consult with the Derwent Sailing Squadron in relation to the southern floating pontoon..

7.1.2   45 Hampden Road, Battery Point - Partial Demolition, Alterations and Extension to Eating Establishment Seating and Operating Hours

DENISON

That the recommendation contained in the report of the Manager Development Appraisal of 24 May 2017, be adopted, amended by the following:

1.      The substitution of Clauses PLN s1, ENV s1 and ENV s2 to read as follows:

“PLN s1

The hours of operation of the open rear courtyard must not exceed the following: 

·           7:00am to 9:00pm Monday to Saturday.

·           8:00am to 9:00pm Sunday and public holidays.

Reason for condition

To ensure the hours of operation do not have an unreasonable impact upon the residential amenity through noise or other emissions that are unreasonable in their timing, duration or extent.

ENV s1

Music and recorded sound must not be played in the outdoor dining area between 6:00pm and 9:00am.

Reason for condition

To minimise the risk of environmental harm.

ENV s2

A solid wall with a minimum height of 2m must be constructed between the outdoor dining area and 38 South Street, from the lot boundary with South Street to the buildings on the site, prior to commencement of the use.

Prior to the issue of any building consent or the commencement of work (if no building consent is required), the following documentation must be submitted and approved:

·         Drawings complying with this condition and including the wall's materials;

·         Certification from a suitably qualified person that the wall’s design and materials will minimise the risk of noise emissions measured at the northern boundary of the site resulting in environmental harm.

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

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

Reason for condition 

To minimise the risk of environmental harm.”

2.      The additional advice clause to read as follows:

“CONSULTATION WITH NEIGHBOUR

It is recommended that the business operators initiate and maintain dialogue with the adjacent neighbour at 38 South Street and provide a contact phone number for that neighbour to enable any matters related to noise to be managed and resolved as quickly as possible.”

3.      The addition of Part B to read as follows:

“A further report in relation to any issues relating to compliance with the permit conditions be submitted to the Council after twelve months of operation.”

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

PART A

Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a partial demolition, alterations, and extension to eating establishment seating and operating hours at 45 Hampden Road, 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 PLN­17­183 ­ 45 HAMPDEN ROAD BATTERY POINT TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2017/00376­HCC dated 4/4/2017 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

THC

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Application No. 5260 dated 11th May 2017, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 13

Waste storage areas must be located within an enclosed and roofed building in an area that is at least 3m from the northern boundary with 38 South Street.

A plan complying with this condition must be submitted and approved prior to the issue of any building consent or the commencement of work (if no building consent is required).

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

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

The area which was to be used for outdoor waste storage ('Ex. Bin Area') is not approved to be used for outdoor dining.

Reason for condition

To minimise the risk of environmental harm

PLN s1

The hours of operation of the open rear courtyard must not exceed the following: 

·         7:00am to 9:00pm Monday to Saturday.

·         8:00am to 9:00pm Sunday and public holidays.

Reason for condition

To ensure the hours of operation do not have an unreasonable impact upon the residential amenity through noise or other emissions that are unreasonable in their timing, duration or extent.

PLN s2

External lighting must comply with the following:

·     Be turned off between 10:00 pm and 6:00 am, except for security lighting; and

·     Security lighting must be baffled to ensure it does not cause emission of light into adjoining private land.

Reason for condition

To ensure external lighting must not adversely affect existing or future residential amenity in the vicinity.

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.

ENV s1

Music and recorded sound must not be played in the outdoor dining area between 6:00pm and 9:00am.

Reason for condition

To minimise the risk of environmental harm.

ENV s2

A solid wall with a minimum height of 2m must be constructed between the outdoor dining area and 38 South Street, from the lot boundary with South Street to the buildings on the site, prior to commencement of the use.

Prior to the issue of any building consent or the commencement of work (if no building consent is required), the following documentation must be submitted and approved:

·                Drawings complying with this condition and including the wall's materials;

·                Certification from a suitably qualified person that the wall’s design and materials will minimise the risk of noise emissions measured at the northern boundary of the site resulting in environmental harm.

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

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

Reason for condition 

To minimise the risk of environmental harm

ENV s3

Noise emissions from the site must not exceed 5dB(A) (LA90) above the background level immediately adjacent the western and southern boundaries after 6:00pm as measured in accordance with the Tasmanian Noise Measurement Procedures Manual (DEPHA, 2008).

Reason for condition

To minimise the risk of environmental harm

ENV s4

A noise report from a suitably qualified person, specifying the LA90 background noise level in dB(A) immediately adjacent the western and southern boundaries between the hours of 6:00pm and 9:00pm weekdays, must be submitted and approved prior to the issue of any building consent or the commencement of work (if no building consent is required). Measurement of noise levels must be in accordance with the methods in the Tasmanian Noise Measurement Procedures Manual (DEPHA, 2008).

Reason for condition

To ensure compliance with permit conditions can be enforced to minimise the risk of environmental harm.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

CONDITION ENDORSEMENT

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

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

BUILDING PERMIT

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

PLUMBING PERMIT

Plumbing permit in accordance with the Building Act 2016, Building Regulations

2016 and the National Construction Code. Click here for more information.

PUBLIC HEALTH

Approved/endorsed plans for a food business fit out, in accordance with the National Construction Code ­ Building Code of Australia including Tas Part H102 for food premises which must have regard to the FSANZ Food Safety Standards. Click here for more information.

FOOD BUSINESS REGISTRATION

Food business registration in accordance with the Food Act 2003. 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.

CONSULTATION WITH NEIGHBOUR

It is recommended that the business operators initiate and maintain dialogue with the adjacent neighbour at 38 South Street and provide a contact phone number for that neighbour to enable any matters related to noise to be managed and resolved as quickly as possible.

PART B

A further report in relation to any issues relating to compliance with the permit conditions be submitted to the Council after twelve months of operation

7.1.3   Elizabeth Street, Hobart - Signage

RUZICKA

That the recommendation contained in the report of the Executive Officer City Planning of 24 May 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for signage at Elizabeth Street Mall, Hobart 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 PLN­17­276 ELIZABETH MALL ELIZABETH STREET HOBART TAS 7000 ­ Final Planning Documents except where modified below.

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.

.

7.1.4   145-167 Liverpool Street and 104-110 Murray Street Hobart – ETA-17-21 Request for Extension of Time to Permit PLN-15-00414-01

REYNOLDS

That the recommendation contained in the report of the Manager Development Appraisal of 24 May 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the Council refuse the extension of time request lodged under Section 53(5)(b) of the Land Use Planning and Approvals Act 1993 (under ETA-17-21) in respect of PLN-15-00414-01.

7.1.5   104-110 Murray Street Hobart ETA-17-20 - Request for Extension of Time to Permit PLN-15-00415-01

REYNOLDS

That the recommendation contained in the report of the Manager Development Appraisal of 24 May 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That: the Council refuse the extension of time request lodged under Section 53(5)(b) of the Land Use Planning and Approvals Act 1993 (under ETA-17-20) in respect of PLN-15-00415-01.

8.1      Fees and Charges Review - 2017-2018 - City Planning

COCKER

That the recommendation contained in the report of the Director City Planning of 24 May 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the City Planning fees and charges contained within the attached schedule are adopted for the 2017-2018 financial year.

8.2      State Planning Provisions - Heritage Issues

RUZICKA

That the recommendation contained in the report of the Senior Cultural Heritage Officer and the Director City Planning of 24 May 2017, be adopted, amended by the following:

1.      The addition of sub-clauses 1 (i) (ii):

‘’(i)    A copy of the correspondence forwarded to the Minister for Planning and Local Government be forwarded to the Chairperson of the Tasmanian Heritage Council Board for information.

 (ii)    The Council then seek support from the Tasmanian Heritage Council in relation to the concerns raised.”

2.      The addition of the following two Clauses to read as follows:

“2.     The Council invite the Chairperson of the Tasmanian Heritage to meet with the City Planning Committee to discuss the concerns raised by the Council and how both organisations can work together to better protect and promote the heritage values of the city.

3.      “3.     The Lord Mayor release an appropriate opinion piece to the media           to inform the public at the appropriate time.”

COMMITTEE RESOLUTION:

That   1.     The Lord Mayor write to the Minister for Planning and Local Government drawing attention to the inadequacy of Tasmanian Heritage Council consideration of local heritage values as evidenced in recent RMPAT decisions, and seek amendment to the Local Historic Heritage Code to ensure that there is ongoing consideration by local government of local heritage values of places listed on the Tasmanian Heritage Register or alternatively amend the Historic Cultural Heritage Act 1995 to require the Heritage Council to assess development against the standards in the Local Heritage Code.

(i)      A copy of the correspondence forwarded to the Minister for Planning and Local Government be forwarded to the Chairperson of the Tasmanian Heritage Council Board for information.

(ii)     The Council then seek support from the Tasmanian Heritage Council in relation to the concerns raised.

2.    The Council invite the Chairperson of the Tasmanian Heritage to meet with the City Planning Committee to discuss the concerns raised by the Council and how both organisations can work together to better protect and promote the heritage values of the city.

3.    The Lord Mayor release an appropriate opinion piece to the media to inform the public at the appropriate time.

8.3      Delegated Decisions Report (Planning)

RUZICKA

That the recommendation contained in the report of the Director City Planning of 24 May 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information be received and noted.

8.4      City Planning - Advertising List

RUZICKA

That the recommendation contained in the report of the Director City Planning of 24 May 2017, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information be received and noted.

That the information be received and noted.

MOTION CARRIED

VOTING RECORD

10.1    Alderman Reynolds - "Gattonside" 51 Sandy Bay Road, Battery Point

Question:    (i)    Could the Director please advise as to whether there is a construction management plan currently in place?

                     (ii)   Have any complaints been received in relation to the current works being undertaken?

                     (iii)  Has the tree been felled?

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