City
of hobart
MINUTES
City Planning Committee Meeting
Open Portion
Monday, 29 July 2019 at 5:32 pm
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Minutes (Open Portion) City Planning Committee Meeting |
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29/7/2019 |
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APOLOGIES AND LEAVE OF ABSENCE
1. Co-Option of a Committee Member in the event of a vacancy
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6. Planning Authority Items - Consideration of Items with Deputations
7. Committee Acting as Planning Authority
7.1 Applications under the Sullivans Cove Planning Scheme 1997
7.1.1 3 Argyle Street, Hobart - Alterations (Solar Panels)
7.2 Applications under the Hobart Interim Planning Scheme 2015
7.2.1 1 Burnett Street, North Hobart - Demolition and New Building for Four Multiple Dwellings
8.1 Significant Trees Amendment - Hobart Interim Planning Scheme 2015 - PSA-19-3
8.2 City Planning - Advertising Report
8.3 Delegated Decisions Report (Planning)
10. Closed Portion of the Meeting
Applications under the Hobart Interim Planning Scheme 2015
11. 7 Montrivale Rise with Access Over 11 and 12 Montrivale Rise, Dynnyrne - Four Multiple Dwellings
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Minutes (Open Portion) City Planning Committee Meeting |
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29/07/2019 |
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City Planning Committee Meeting (Open Portion) held on Monday, 29 July 2019 at 5:32 pm in the Lady Osborne Room, Town Hall.
COMMITTEE MEMBERS Deputy Lord Mayor Burnet (Chairman) Briscoe Denison Harvey Behrakis
PRESENT: The Deputy Lord Mayor Councillor H Burnet (Chairman), Aldermen J R Briscoe, T M Denison, Councillor W F Harvey, Alderman S Behrakis, the Lord Mayor Councillor A M Reynolds, Aldermen Dr P T Sexton, D T Thomas and Councillor Z Sherlock.
APOLOGIES: Nil.
LEAVE OF ABSENCE: Nil.
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NON-MEMBERS Lord Mayor Reynolds Zucco Sexton Thomas Dutta Ewin Sherlock
Alderman Behrakis left the meeting at 8:19 pm, returned at 8:20 pm and was not present for items 7.1.1 and supplementary item 12.
The Lord Mayor Councillor A M Reynolds, Aldermen Dr P T Sexton, D T Thomas and Councillor Z Sherlock were present for items 1 to 6, 7.1.2 and did not return at the reconvening of the meeting at 7:19 pm.
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No Elected Members were co-opted to the Committee.
The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 15 July 2019, be confirmed as an accurate record. |
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MOTION CARRIED VOTING RECORD
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The minutes were signed.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager. |
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MOTION CARRIED VOTING RECORD
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Members of the Committee are requested to indicate where they may have any pecuniary or conflicts of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.
No interest was indicated.
Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.
A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.
In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.
Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?
No items were transferred.
In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the General Manager is to arrange the agenda so that the planning authority items are sequential.
In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.
Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.
BRISCOE
That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
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Briscoe |
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Denison |
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Harvey |
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Behrakis |
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BRISCOE
That item 7.2.1 be now taken.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
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Briscoe |
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Denison |
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Harvey |
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Behrakis |
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Item 7.2.1 was then taken.
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Minutes (Open Portion) City Planning Committee Meeting |
Page 8 |
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29/07/2019 |
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In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.
In accordance with Regulation 25, the Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.
The Committee is reminded that in order to comply with Regulation 25(2), the General Manager is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.
7.1 Applications under the Sullivans Cove Planning Scheme 1997
HARVEY That the recommendation contained in the report of the Assistant Planner and the Senior Statutory Planner of 15 July 2019, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for alterations (solar panels) at 3 Argyle Street, Hobart for the reasons outlined in the officer’s report, attached to item 7.1.1 of the Open City Planning Committee agenda of 29 July 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 PLN1969 3 ARGYLE 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
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.
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Delegation: Council
HARVEY
That supplementary item 12 be now taken.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
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Briscoe |
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Denison |
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Harvey |
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Supplementary item 12 was then taken.
7.2 Applications under the Hobart Interim Planning Scheme 2015
Mr Drew Ketley (Owner) together with Mr Robert Beadle – Senior Technical Designer of JSA Consulting Engineers addressed the Committee in relation to item 7.2.1.
7.2.1 1 Burnett Street, North Hobart - Demolition and New Building for Four Multiple Dwellings |
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HARVEY That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 22 July 2019, be adopted. |
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MOTION LOST VOTING RECORD
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BEHRAKIS That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and new building for four multiple dwellings at 1 Burnett Street, North Hobart for the reasons that the proposal meets the relevant provisions of the Historic Cultural Heritage Code of the Hobart Interim Planning Scheme 2015 and a permit containing the following conditions be issued:
GEN
TW
PLN 8
PLN s1
· Landscaped areas for dwellings 2 and 3 could include pot plants, raised garden beds, planters and the like.
Reason for condition
ENG sw1
Reason for condition
ENG sw4
1. The location of the proposed connection and all existing connections; 2. The size of the connection appropriate to satisfy the needs of the development; 3. Long-sections of the proposed connection(s) clearly showing any nearby services, cover, size, material and delineation of public and private infrastructure; 4. Clearly distinguish between public and private infrastructure; and 5. A private transition pit or IO located at the boundary within the property, delineating private vs public.
· The applicant is required to submit detailed design documentation to satisfy this condition via the 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)]. This is a separate process to any building approval under the Building Act 2016.
· 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. · Please note that once the condition endorsement has been issued you will need to contact Council's City Amenity Division to initiate an application for service connection.
ENG sw5
All stormwater from the proposed development (including hardstand runoff) must be discharged to the Council's stormwater drainage infrastructure with sufficient receiving capacity prior to issue of certificate of completion or first occupation, whichever occurs first. All stormwater which is practicable to drain to the Council's stormwater drainage infrastructure via gravity must do so. Any pumped or charged flows must be converted to free-flowing gravity within a private transition pit inside the property prior to discharging to the free-flowing gravity connection to the Council stormwater infrastructure. All costs associated with the works required by this condition are to be met by the owner.
Engineering design drawings and calculations must be submitted and approved, prior to issue of any consent under the Building Act 2016. The engineering drawings and calculations must:
1. Be certified by a qualified and experienced Engineer; 2. Show in both plan and long-section the proposed stormwater mains, including but not limited to, connections, flows, velocities, hydraulic grade lines; clearances, cover, gradients, sizing, material, pipe class, crossing services and inspection openings; 3. Include the associated calculations. The stormwater system (including defined overland flow paths) must cater for all 1% AEP flows as at 2100 (i.e. including climate change loading). The main itself must be sized to accommodate at least the 5% AEP flows from a fully-developed catchment; 4. Show that any proposed pump system is to be in accordance with Australian Standard AS/NZS 3500.3:2015 Part 3: Stormwater Drainage Systems; 5. Clearly distinguish between public and private infrastructure; and 6. Be substantially in accordance with the LGAT drawings.
Advice: · The applicant is required submit detailed design documentation to satisfy this condition via the 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. · Where building/plumbing approval is also required, it is recommended that documentation to satisfy this condition is submitted well before submitting documentation for building/plumbing approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
ENG sw7
1. Be prepared by a suitably qualified person; 2. Include detailed design of the proposed treatment train, including final estimations of contaminant removal; and 3. Include a storm water management plan that outlines the obligations of future property owners for stormwater management, including a maintenance plan which outlines the operational maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency, cleanout procedures, descriptions and diagrams of how the installed systems operate, details of the life of the assets and replacement requirements.
· The applicant is required to submit detailed design documentation to satisfy this condition via the 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)]. This is a separate process to any building approval under the Building Act 2016. · 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.
ENG 3b
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 it will provide a safe and efficient access, where the design deviates from AS/NZS2890.1:2004; 4. Show dimensions, levels, gradients and transitions, and other details as Council deem necessary to satisfy the above requirement; 5. Show suitable pavement arrow markings on the entry and exit lanes of the driveway that direct vehicles to keep left; 6. Show a type 2 road hump in accordance with clause 4.9 of AS/NZS 2890.1:2004 that is to be installed across the exit lane of the driveway within the property and near the point of access.
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.
· The applicant is required to 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)]. · 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.
ENG 3c
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)
ENG 4
Reason for condition
ENG 5
ENG 6
ENG 7
· The speed hump is to be located within the property boundary and positioned to ensure vehicles slow down on exiting the property for the safety of pedestrians using Burnett Street
ENG 11
ENG 1
1. Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or 2. Be repaired and reinstated by the owner to the satisfaction of the Council.
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's infrastructure found on completion of works will be
deemed to be the responsibility of the owner.
ENV 1
· For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.
HER 7
Archival quality annotated photographs and drawings of
the building and features to be demolished must be recorded prior to
commencement of work.
1. Each elevation of the building; 2. The interior of the building; 3. Architectural design detailing of the building; 4. Both electronic and hard copy colour images; 5. Photographs of any detail that may be of historical or architectural interest; and 6. Cross referencing of all photographs to “as existing” plan showing the location and orientation of the camera.
HER 8
Salvage must be undertaken to ensure the reuse of
heritage fabric. Outline how the following building fabric will be salvaged and reused, to satisfy the above requirement: · sandstone blocks · bricks · slate shingles · internal fabric and fittings
ADVICE
CONDITION ENDORSEMENT ENGINEERING
BUILDING PERMIT
PLUMBING PERMIT
OCCUPATION OF THE PUBLIC HIGHWAY
GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS
PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE
NEW SERVICE CONNECTION
STORM WATER
WORK WITHIN THE HIGHWAY RESERVATION
DRIVEWAY SURFACING OVER HIGHWAY RESERVATION
ACCESS
STORM WATER / ROADS / ACCESS
WORK PLACE HEALTH AND SAFETY
NOISE REGULATIONS
WASTE DISPOSAL
FEES AND CHARGES
DIAL BEFORE YOU DIG
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and new building for four multiple dwellings at 1 Burnett Street, North Hobart for the reasons that the proposal meets the relevant provisions of the Historic Cultural Heritage Code of the Hobart Interim Planning Scheme 2015 and a permit containing the following conditions be issued:
GEN
TW
PLN 8
PLN s1
· Landscaped areas for dwellings 2 and 3 could include pot plants, raised garden beds, planters and the like.
Reason for condition
ENG sw1
Reason for condition
ENG sw4
1. The location of the proposed connection and all existing connections; 2. The size of the connection appropriate to satisfy the needs of the development; 3. Long-sections of the proposed connection(s) clearly showing any nearby services, cover, size, material and delineation of public and private infrastructure; 4. Clearly distinguish between public and private infrastructure; and 5. A private transition pit or IO located at the boundary within the property, delineating private vs public.
· The applicant is required to submit detailed design documentation to satisfy this condition via the 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)]. This is a separate process to any building approval under the Building Act 2016.
· 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. · Please note that once the condition endorsement has been issued you will need to contact Council's City Amenity Division to initiate an application for service connection.
ENG sw5
All stormwater from the proposed development (including hardstand runoff) must be discharged to the Council's stormwater drainage infrastructure with sufficient receiving capacity prior to issue of certificate of completion or first occupation, whichever occurs first. All stormwater which is practicable to drain to the Council's stormwater drainage infrastructure via gravity must do so. Any pumped or charged flows must be converted to free-flowing gravity within a private transition pit inside the property prior to discharging to the free-flowing gravity connection to the Council stormwater infrastructure. All costs associated with the works required by this condition are to be met by the owner.
Engineering design drawings and calculations must be submitted and approved, prior to issue of any consent under the Building Act 2016. The engineering drawings and calculations must:
1. Be certified by a qualified and experienced Engineer; 2. Show in both plan and long-section the proposed stormwater mains, including but not limited to, connections, flows, velocities, hydraulic grade lines; clearances, cover, gradients, sizing, material, pipe class, crossing services and inspection openings; 3. Include the associated calculations. The stormwater system (including defined overland flow paths) must cater for all 1% AEP flows as at 2100 (i.e. including climate change loading). The main itself must be sized to accommodate at least the 5% AEP flows from a fully-developed catchment; 4. Show that any proposed pump system is to be in accordance with Australian Standard AS/NZS 3500.3:2015 Part 3: Stormwater Drainage Systems; 5. Clearly distinguish between public and private infrastructure; and 6. Be substantially in accordance with the LGAT drawings.
Advice: · The applicant is required submit detailed design documentation to satisfy this condition via the 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. · Where building/plumbing approval is also required, it is recommended that documentation to satisfy this condition is submitted well before submitting documentation for building/plumbing approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
ENG sw7
1. Be prepared by a suitably qualified person; 2. Include detailed design of the proposed treatment train, including final estimations of contaminant removal; and 3. Include a storm water management plan that outlines the obligations of future property owners for stormwater management, including a maintenance plan which outlines the operational maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency, cleanout procedures, descriptions and diagrams of how the installed systems operate, details of the life of the assets and replacement requirements.
· The applicant is required to submit detailed design documentation to satisfy this condition via the 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)]. This is a separate process to any building approval under the Building Act 2016. · 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.
ENG 3b
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 it will provide a safe and efficient access, where the design deviates from AS/NZS2890.1:2004; 4. Show dimensions, levels, gradients and transitions, and other details as Council deem necessary to satisfy the above requirement; 5. Show suitable pavement arrow markings on the entry and exit lanes of the driveway that direct vehicles to keep left; 6. Show a type 2 road hump in accordance with clause 4.9 of AS/NZS 2890.1:2004 that is to be installed across the exit lane of the driveway within the property and near the point of access.
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. · The applicant is required to 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)]. · 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.
ENG 3c
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)
ENG 4
Reason for condition
ENG 5
ENG 6
ENG 7
· The speed hump is to be located within the property boundary and positioned to ensure vehicles slow down on exiting the property for the safety of pedestrians using Burnett Street
ENG 11
ENG 1
1. Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or 2. Be repaired and reinstated by the owner to the satisfaction of the Council.
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's infrastructure found on completion of works will be
deemed to be the responsibility of the owner.
ENV 1
· For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.
HER 7
Archival quality annotated photographs and drawings of
the building and features to be demolished must be recorded prior to
commencement of work. 1. Each elevation of the building; 2. The interior of the building; 3. Architectural design detailing of the building; 4. Both electronic and hard copy colour images; 5. Photographs of any detail that may be of historical or architectural interest; and 6. Cross referencing of all photographs to “as existing” plan showing the location and orientation of the camera.
HER 8
Salvage must be undertaken to ensure the reuse of
heritage fabric. Outline how the following building fabric will be salvaged and reused, to satisfy the above requirement: · sandstone blocks · bricks · slate shingles · internal fabric and fittings
ADVICE
CONDITION ENDORSEMENT ENGINEERING
BUILDING PERMIT
PLUMBING PERMIT
OCCUPATION OF THE PUBLIC HIGHWAY
GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS
PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE
NEW SERVICE CONNECTION
STORM WATER
WORK WITHIN THE HIGHWAY RESERVATION
DRIVEWAY SURFACING OVER HIGHWAY RESERVATION
ACCESS
STORM WATER / ROADS / ACCESS
WORK PLACE HEALTH AND SAFETY
NOISE REGULATIONS
WASTE DISPOSAL
FEES AND CHARGES
DIAL BEFORE YOU DIG
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Delegation: Special Council
BEHRAKIS
That the meeting be adjourned to conduct the special meeting of the full Council.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
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Briscoe |
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Denison |
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Harvey |
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Behrakis |
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The meeting was adjourned at 6:27 pm to conduct the special meeting of the full Council.
The meeting reconvened at 7:19 pm.
BRISCOE
That supplementary item 11 be now taken.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
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Briscoe |
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Denison |
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Harvey |
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Behrakis |
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Supplementary item 11 was then taken.
8. Reports
Ms Tania Heideman addressed the Committee in relation to item 8.1.
8.1 Significant Trees Amendment - Hobart Interim Planning Scheme 2015 - PSA-19-3 |
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BEHRAKIS That the recommendation contained in the report of the Development Planner and the Manager Planning Policy & Heritage of 24 July 2019, be adopted, as amended by the following: 1. The words excluding the following nominations: (i) Ref 59 / 290 Elizabeth Street (Velvet Ash); (ii) Ref 60 / 454 Elizabeth Street (English Oak); (iii) Ref 114 / 262 Macquarie Street (Bunya-Bunya and Norfolk Island Pines); (iv) Ref 124 / 3c Montagu Street and 31 Toorak Avenue (Blue Gums); (v) Ref 161 / 894 Sandy Bay Road (one Blue Gum – two Blue Gums on 892 Sandy Bay Road are to remain recommended for listing under Ref 161); and (vi) Ref 170 / 66 Summerhill Road (White Gum)) be inserted after the number 2019 in clause 1. 2. The number 84 in clause 1(a) be substituted with 79. 3. The words (741 trees and 3 hedges) be inserted after the word listings in clause 1(a). |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That: 1. Pursuant to Section 34(1) (b) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council resolve to initiate amendments to E24.0 Significant Trees Code of the Hobart Interim Planning Scheme 2015 (as indicated in Attachment A to item 8.1 of the Open City Planning Committee agenda of 29 July 2019 excluding the following nominations: (i) Ref 59 / 290 Elizabeth Street (Velvet Ash); (ii) Ref 60 / 454 Elizabeth Street (English Oak); (iii) Ref 114 / 262 Macquarie Street (Bunya-Bunya and Norfolk Island Pines); (iv) Ref 124 / 3c Montagu Street and 31 Toorak Avenue (Blue Gums); (v) Ref 161 / 894 Sandy Bay Road (one Blue Gum – two Blue Gums on 892 Sandy Bay Road are to remain recommended for listing under Ref 161); and (vi) Ref 170 / 66 Summerhill Road (White Gum)) to: (a) Insert 79 new listings (741 trees and 3 hedges) into Table E24.1 Significant Tree List; (b) Insert two new definitions for ‘suitably qualified person (arboriculture)’ and ‘natural causes’ under E24.3 Definition of Terms; and (c) Insert a new Acceptable Solution A1 under E24.6 Development Standards to allow for a permitted pathway for the removal of significant trees that have died due to natural causes. 2. Pursuant to Section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council certify that the amendment to the Hobart Interim Planning Scheme PSA-19-3 meets the requirements of Section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the General Manager and Deputy General Manager to sign the Instrument of Certification (marked as Attachment B to item 8.1 of the Open City Planning Committee agenda of 29 July 2019). 3. Pursuant to Section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place amendment PSA-19-3 to the Hobart Interim Planning Scheme 2015 on exhibition for a 28 day period. 4. In respect of 6 recommended listings that are under the Sullivans Cove Planning Scheme area, these listings be inserted into the Significant Trees list of the Hobart Local Provisions Schedule (marked as Attachment C to item 8.1 of the Open City Planning Committee agenda of 29 July 2019).
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a. Deputation Supporting Documentation - Ms Tania Heideman ⇨ |
Delegation: Council
HARVEY
That item 7.1.1 be now taken.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
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Briscoe |
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Denison |
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Harvey |
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Behrakis |
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Item 7.1.1 was then taken.
Delegation: Committee
BRISCOE That the recommendation contained in the report of the Director City Planning of 24 July 2019, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information be received and noted.
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Delegation: Committee
Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
No questions were asked at the meeting.
That the Committee resolve by majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:
· To confirm the minutes of the closed portion of the meeting; and
· Questions without notice in the closed portion of the meeting.
The following items were discussed:-
Item No. 1 Minutes of the last meeting of the Closed Portion of the Council Meeting Item No. 2 Consideration of supplementary items to the agenda Item No. 3 Indications of pecuniary and conflicts of interest Item No. 4 Questions Without Notice
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MOTION CARRIED VOTING RECORD
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Delegation: Committee
Ms Bryony Elson together with Ms Naomi Edwards and Mr James Risby (Representors) addressed the Committee in relation to supplementary item 11.
Mr Frazer Read – Principal of All Urban Planning addressed the Committee in relation to supplementary item 11 on behalf of the Applicant.
11. 7 Montrivale Rise with Access Over 11 and 12 Montrivale Rise, Dynnyrne - Four Multiple Dwellings |
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PROCEDURAL MOTION BRISCOE That the item be deferred to a Special City Planning Committee meeting to be held on Monday, 5 August 2019, for the purpose of the provision of further information in regards to the construction of the driveway. |
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MOTION CARRIED
VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the item be deferred to a Special City Planning Committee meeting to be held on Monday, 5 August 2019, for the purpose of the provision of further information in regards to the construction of the driveway.
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a. Deputation Supporting Documentation - Ms Bryony Elson, Ms Naomi Edwards and Mr James Risby ⇨ b. Deputation Supporting Documentation - Mr Frazer Read of All Urban Planning ⇨
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Delegation: Committee
BEHRAKIS
That item 8.1 be now taken.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
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Briscoe |
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Denison |
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Harvey |
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Behrakis |
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Item 8.1 was then taken.
12. 197 Campbell Street, Hobart and Adjacent Road Reserve - Demolition, New Building for General Retail and Hire, and Signage |
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HARVEY That the recommendation contained in the report of the Assistant Planner and the Manager Development Appraisal of 24 July 2019, be adopted. |
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MOTION CARRIED
VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition, new building for general retail and hire, and signage at 197 Campbell Street, Hobart for the reasons outlined in the officer’s report, attached to supplementary item 12 of the Open City Planning Committee agenda of 29 July 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 PLN19151 197 CAMPBELL STREET HOBART TAS 7000 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
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).
Advice: Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater onto a neighbouring property.
Reason for condition
To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.
ENG 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 and manoeuvring area) design must:
1. Be prepared and certified by a suitably qualified engineer; 2. Be generally in accordance with the Australian StandardAS/NZS2890.1:2004; 3. Include one (1) space available for accessible parking and in accordance with the Australian Standard AS/NZ 2890.6; 4. Where the design deviates from AS/NZS2890.1:2004 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use; and 5. Show dimensions, levels, gradients & 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 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 person 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 5
The number of car parking spaces approved on the site for use is two (2).
Reason for condition
To ensure the provision of parking for the use is safe and efficient.
ENG 8
The use of one (1) car parking space onsite is to be made available for people with a disability in accordance with Australian Standards AS/NZS2890.6:2009.
A sign, approved by council, and in accordance with Australian Standards AS/NZS1742.11:2016, must be erected at the entry or close to the parking access to indicate a parking space is available for people with a disability prior to first occupation.
Advice: The car parking space need not be designated (where there is a total of not more than 5 car parking spaces), so as to restrict the use of the car parking space for people with a disability.
Reason for condition
In the interests of vehicle user safety and the amenity of the development.
ENG 11
Prior to the first occupation, the proposed modifications to the crossover(s) within the Warwick Street highway reservation must be designed and constructed in general accordance with:
1. LGAT Standard Drawing Urban TSDR09v1 – Urban Roads Driveways and TSD R14v1 Type KC vehicular crossing. 2. LGAT Standard Drawing Footpath Urban Roads Footpaths TSDR11 v1.
Advice: · Local Government Association (LGAT) Tasmanian Standard Drawings (TSD) can be viewed electronically via the LGAT Website. · It is advised that designers consider the detailed design of the crossover, 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.
· Please note that your proposal does not include adjustment of footpath levels. Any adjustment to footpath levels necessary to suit the design of proposed floor, parking module or driveway levels will require separate agreement from Council's Road Services Engineer and may require further planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement. · Please contact Council City Amenity Division to discuss approval of alternate designs. Based on a site specific assessment, Council City Amenity Division’s Road Engineer may permit extending nonapproved concrete slab crossover, and where nonstandard kerb and channel exists a concrete plinth to Council standards may be permitted for construction at the gutter. · You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.
Reason for condition
In the interests of vehicle user safety and the amenity of the development.
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 s1
Details of the proposed convex mirror and any additional signage to address the lack of sight distance for pedestrians must be submitted and approved by council prior to the issuing of any approval under the Building Act 2016.
All work required by this condition must be undertaken in accordance with the approved design.
Advice: Once the design has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
It is advised that documentation for condition endorsement is lodged well before a Building Permit is required, as failure to address design requirements until Building Application stage may result in unexpected delays.
Reason for condition
To ensure safe and efficient access for all users, including drivers, passengers, pedestrians and cyclists by locating, designing and constructing vehicle access points safely relative to the road network.
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 2016.
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 (e.g. placement of skip bin, crane, scissor lift etc). 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.
GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS
You may qualify for a General Exemption permit for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.
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.
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.
CBD AND HIGH VOLUME FOOTPATH CLOSURES
Please note that the City of Hobart does not support the extended closure of public footpaths or roads to facilitate construction on adjacent land.
It is the developer's responsibility to ensure that the proposal as designed can be constructed without reliance on such extended closures.
In special cases, where it can be demonstrated that closure of footpaths in the CBD and/or other high volume footpaths can occur for extended periods without unreasonable impact on other businesses or the general public, such closures may only be approved by the full Council.
For more information about this requirement please contact the Council's Traffic Engineering Unit on 6238 2804.
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.
REDUNDANT CROSSOVERS
Redundant crossovers are required to be reinstated under the Hobart City Council’s Highways By law. Click here for more information.
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.
NOISE REGULATIONS
Click here for information with respect to noise nuisances in residential areas.
WASTE DISPOSAL
It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill.
Further information regarding waste disposal can also be found on the Council’s website.
FEES AND CHARGES
Click here for information on the Council's fees and charges.
DIAL BEFORE YOU DIG
Click here for dial before you dig information.
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Delegation: Council
13. 5 Giblin Street, Lenah Valley, 3 Giblin Street, Lenah Valley, 7 Giblin Street, Lenah Valley - Subdivision (Boundary Adjustment and Two Additional Lots) and Associated Works |
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HARVEY That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 26 July 2019, be adopted. |
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MOTION CARRIED VOTING RECORD
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BRISCOE
That Council Officers investigate the significance of the heritage dwelling on 5 Giblin Street, and seek guidance from Heritage Tasmania to provide the correct course of action to request a compulsory restoration of the dwelling be undertaken by developer. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a subdivision (boundary adjustment and two additional lots) and Associated Works at 5 Giblin Street Lenah Valley Tas 7008, 3 Giblin Street Lenah Valley Tas 7008 and 7 Giblin Street Lenah Valley Tas 7008 for the reasons outlined in the officer’s report, attached to supplementary item 13 of the Open City Planning Committee agenda of 29 July 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 PLN18792 5 GIBLIN STREET LENAH VALLEY TAS 7008 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 2018/01812HCC dated 28/11/2018 as attached to the permit.
Reason for condition
To clarify the scope of the permit.
ENG sw1
All stormwater from the proposed development (including but not limited to: roofed areas, agdrains, retaining wall agdrains, and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior to sealing of the final plan of subdivision.
Reason for condition
To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.
ENG sw2.1
A preconstruction CCTV recording of the Council’s stormwater mains within/adjacent to the subject property, along with photos of any drainage structures to be connected to or modified, must be submitted to Council prior to the commencement of work.
A postconstruction CCTV recording & photos will be relied upon to establish the extent of any damage caused to Council’s stormwater infrastructure during construction. If the owner/developer fails to provide Council with a pre construction CCTV recording then any damage to Council’s infrastructure identified in the postconstruction CCTV will be deemed to be the responsibility of the owner.
Reason for condition
To ensure that any Council infrastructure and/or siterelated service connections adversely affected by the proposal will be repaired/reinstated at the owner’s full cost.
ENG sw2.2
A postconstruction CCTV recording of the Council’s stormwater main within/adjacent to the subject property, along with photos of any existing drainage structures connected to or modified as part of the development, must be submitted to Council upon completion of work.
The postconstruction CCTV recording and photos will be relied upon to establish the extent of any damage caused to Council’s stormwater infrastructure during construction. If the owner/developer fails to provide Council with a preconstruction CCTV recording then any damage to Council’s infrastructure identified in the postconstruction CCTV will be deemed to be the responsibility of the owner.
Reason for condition
To ensure that any Council infrastructure and/or siterelated service connections adversely affected by the proposal will be repaired/reinstated at the owner’s full cost.
ENG sw3
The proposed Lot 1 boundary retaining wall and Lot 3 driveway retaining wall must be designed to ensure the protection and access to the Council’s stormwater main.
A detailed design must be submitted and approved prior to construction. The detailed design must demonstrate how the design will ensure the protection and provide access to the Council’s stormwater main. (see advice section of permit).
All work required by this condition must be undertaken in accordance with the approved detailed design.
Advice: · The
applicant is required submit detailed design
documentation to satisfy this
condition via
the 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 requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure the protection of the Council’s hydraulic infrastructure.
ENG sw5
The new public stormwater infrastructure must be designed and constructed prior to sealing of the final plan of subdivision.
Plans and computations to the satisfaction of Council must be submitted and approved, prior to commencement of work. The plans and computations, drawn to scale with dimensions, must:
1. Be certified by a qualified and experienced civil engineer; 2. Show the direction of stormwater runoff; 3. Include a singular point of discharge for each lot; 4. Include layout plans and longitudinal sections (where appropriate) of the proposed stormwater works; 5. Include the associated computations and catchment area plans (the computations must include all hydraulic and hydrologic variables and input data used to complete the design along with relevant software output); and 6. Include a construction management plan.
All work required by this condition must be undertaken in accordance with the approved engineering drawings.
Advice: · The applicant is required submit detailed design documentation to satisfy this condition via the 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 Council’s hydraulic infrastructure meets acceptable standards.
ENG s1
An overland flow path must be maintained through the site, such that flows are not redirected onto thirdparty land, for the 1% AEP as at 2100 (including climate change loading) storm event. Plans certified by a suitably qualified and experienced engineer as meeting the above requirement to the Council's satisfaction must be submitted prior to issue of any consent under the Building Act 2016 or commencement of works (whichever occurs first).
The detailed design drawings and associated documentation of the overland flow path must:
1. Be prepared by a suitably qualified and experienced engineer. 2. Detail overland flow paths including supporting cross section and flow calculations. 3. Be designed to accommodate a storm with a 1% AEP plus climate change loading. 4. Establish the required minimum habitable floor levels for proposed dwellings at least 300mm above the 1% AEP (plus climate change) flood level in the channel. 5. Demonstrate no diversion of the overland flows onto thirdparty property. 6. Demonstrate that overland flow does not come within 300mm of an existing habitable floor, or that all habitable floors are 300mm higher than water level. 7. Demonstrate that overland flow does not conflict with the proposed building envelopes for the proposed lots. 8. Ensure an overland flow path from the Giblin Street highway reservation to the former creek/proposed trapezoidal channel is maintained.
All work required by this condition must be undertaken and maintained in accordance with the certified detailed design drawings and associated documentation.
Advice: · Subdivision documentation provides detailed assessment of the road capacity demonstrating a maximum capacity of 1% AEP without climate change. Therefore, overland flow paths will need to demonstrate the excess flows caused from climate change comply with the above condition. · It is noted that the applicant intends to modify the existing reverse crossfall footpath within the Giblin Street highway reservation adjacent to the subject site, to positive crossfall. Council are aware that Giblin Street currently acts as a significant overland flowpath for the entire upper catchment of Tor Creek, with the reverse crossfall path allowing flows to reenter the natural drainage gully. Unless it can be demonstrated that the Giblin Street highway reservation downstream of the subject site has sufficient capacity to contain the major event flows such that they can safely reenter the natural gully at some other location, then an overland flowpath through to the proposed trapezoidal channel will need to be maintained. In this case it is advised to investigate use of the lot 3 driveway to serve this purpose.
Reason for condition
To ensure that the risks associated with inundation are adequately managed.
ENG s2
Prior to the sealing of the final plan, the schedule of easements and final plan of survey must contain a restrictive covenant over the floodway paths identified in the approved overland flow path plan in favour of the Hobart City Council and to the satisfaction of the Council’s Director City Planning and the Council’s Director City Amenity. The covenant must provide that the owners of the affected lots on the plan covenant with the Hobart City Council to the intent that the burden of the covenant may run with and bind the covenantor’s lot and any part thereof and the benefit shall be in favour of the Hobart City Council, to observe the following stipulation:
Not without the written consent of the Hobart City Council to erect or permit to be erected any building or structure or fence or carry out any landscaping that may change the contours of the land or restrict the free flow of water over the land within the potential floodway paths identified on the final plan.
Reason for condition
To facilitate the management of the potential floodway paths.
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 first occupation, commencement of use or sealing of the final plan of subdivision (whichever occurs first), 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
Prior to commencement of use, the access driveway, circulation roadways, 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).
Advice: · It is noted that an access driveway has been proposed for Lot 2 and Lot 3.
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, circulation roadways and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved, prior to the commencement of work or the issuing of any approval under the Building Act 2016 (whichever occurs first).
The access driveway, circulation roadways 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. Show dimensions, levels, gradients and transitions, and other details as Council deem necessary to satisfy the above requirement.
Advice: · 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 4
The access driveway, circulation roadways 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 or commencement of use (whichever occurs first).
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 R3
Prior to the sealing of the final plan of subdivision, the proposed driveway crossovers Giblin Street highway reservation (including reinstatement of abandoned crossover) must be designed and constructed in accordance with:
· Lot 1 and 2: TSDR09v1 – Urban Roads Driveways, TSD R14v1 Type KC vehicular crossing and TSD R11v1 Urban Roads Footpaths, and · Lot 3: TSDR09v1 – Urban Roads Driveways, TSD R16v1 Type KCR & B1 or Type KCRB & B1 and TSD R11v1 Urban Roads Footpaths, or · Lot 13 driveway crossover to a Council approved alternative design.
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. 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. A structural certificate to note that driveway is suitable for heavy vehicle loadings for Lot 3. 4. Show swept path templates in accordance with AS/NZS 2890.1 2004 (B85 depending on use, design template). 5. If the design deviates from the requirements of the TSD, then demonstrate that a B85 vehicle (AS/NZS 2890.1 2004, section 2.6.2) can access the driveway from the road pavement into the property without scraping the car's underside.
6. Show how any drop off from the side of the crossover within the highway reservation will comply with AS/NZS 2890.1 2004 with respect to vehicular barriers and/or kerb (wheelstops), or if fill is proposed to mitigate drop offs from occurring. 7. If the design includes any retaining walls within the highway reservation, include a certified design complete with structural certificates. 8. Show any modifications to footpath levels and if proposed provide dimensioned cross and long sections of the footpath. 9. 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 detailed 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. · 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 detailed and comprehensive SWMP must be submitted prior to the the commencement of work. 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. Particular attention must be given to managing the piping of the creek and landfilling.
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.
ENV 3
The driveway constructed on Lot 3 must be designed and constructed in accordance with the specifications for element B in Table E2 of the Bushfire Prone Areas Code.
Reason for condition
To reduce the risk to life and property, and the cost to the community, caused by bushfires
ENV 4
Prior to the commencement of works and prior to sealing of the final plan, an amended bushfire hazard management plan (BHMP), bushfire report and certificate of compliance must be submitted and approved. The amended BHMPand bushfire report must:
1. Be clear and consistent with regard to the management prescriptions for Lot 3 (the submitted bushfire report and BHMP state that Lot 3 is a hazard management area, but also state that Lot 3 must be maintained in a reduced fuel condition until developed for residential purposes); 2. Be clear that the hazard management areas are all areas of the lots not developed with buildings; 3. Be clear and consistent with regard to the duration of requirements for maintaining hazard management areas (i.e. ongoing or until developed with habitable buildings);
4. Clarify in the BHMP that the access requirements only relate to Lot 3; 5. Clarify exactly when the access to a habitable building on Lot 3 in accordance with Table E2 of the Code is required to be in place; 6. Clarify in the BHMP that the water supply requirements do not apply to buildings on those parts of the lots that are not shown as being within a bushfireprone area on the BHMP; and 7. Not include the note in the BHMP that water supply for firefighting is not required until future development (redundant).
Compliance with the requirements of the Bushfire Report and Bushfire Hazard Management Plan must be required via a Part 5 Agreement pursuant to section 71 of the Land Use Planning and Approvals Act 1993. The Agreement must be registered on the Titles of all lots subject to the BHMP at the time of issue.
Advice:
Reason for condition
To reduce the risk to life and property, and the cost to the community, caused by bushfires
SURV 1
The applicant must submit to the Council a copy of the surveyor’s survey notes at the time of lodging the final plan.
Reason for condition
To enable the Council to accurately update cadastral layers on the corporate Geographic Information System.
SURV 2
The final plan and schedule of easements must be submitted and approved in accordance with section 89 of the Local Government (Building & Miscellaneous Provisions) Act 1993.
Reason for Condition
To ensure that the subdivision/boundary adjustment is carried out in accordance with the Council's requirements under the provisions of Part 3 of the Local Government (Building & Miscellaneous Provisions) Act 1993.
SURV 3
The final plan and schedule of easements must provide easements to the satisfaction of the Council:
1. Over any proposed or existing storm water, water or sewer mains passing through the lots on the final plan, in favour of the Hobart City Council and/or TasWater (minimum width of 2m, or 3m if they cover two pipes). 2. Over any existing or proposed overland flow paths in favour of the Hobart City Council. 3. Over the existing location of the centreline of Tors Creek drainage easement in favour of Hobart City Council (minimum width 5 m). The existing creek centreline is also to be shown and notated on the final plan of survey.
Reason for condition
To ensure that there are no impediments to the provision of public and private services to the lots.
SURV 9
Any lots on the final plan created from the addition of sub minimal lots on the plan of subdivision are to be notated on the final plan.
The final plan must include notations in accordance with section 111 of the Local Government (Building and Miscellaneous Provisions) Act 1993, in relation to lot 3 to satisfy the above requirement.
Reason for condition
To ensure compliance with statutory provisions.
SURV 13
The final plan is to be notated in accordance with the provisions of section 83(7) (b) of the Local Government (Building & Miscellaneous Provisions) Act 1993 to the effect that the Tasmanian Water and Sewerage Corporation cannot provide a means of gravity reticulated sewerage disposal from lot 1 below a specified reduced level.
The final plan must be submitted for approval by the Council. The final plan must be notated to the satisfaction of the Council.
The specified reduced level that may be required is to be provided by the owner’s Registered Land Surveyor who must supply the invert level (on State Datum) of the sewer connection constructed to serve Lot 1.
Reason for condition
To ensure that the limitation in TasWater’s ability to provide a means of gravity reticulated sewerage disposal from Lot 1 is noted on the final plan.
ENG 16
Prior to the sealing of the final plan, private sewer, stormwater (including surface drainage) and water services/connections are to be entirely separate to each lot and contained wholly within the lots served.
Reason for condition
To ensure that each lot is services separately.
ENG 17
Prior to the sealing of the final plan, the developer must verify compliance with condition ENG 16 by supplying the Council with an asinstalled services plan clearly indicating the location and details of all relevant services (entirely contained within their respective lots or appropriate easements). The as installed services plan must be accompanied by certification from a suitably qualified person that all engineering work required by this permit has been completed.
Advice:
Reason for condition
To ensure that the Developer provides the Council with clear written confirmation that the separation of services is complete.
Part 5 1
Prior to the sealing of the final plan, the owners 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 following:
1. That Lot 3 is designated for multiple dwelling use and development only. 2. That for Lots 1 and 3 Permissible Site Discharge of stormwater is limited to the predevelopment 50 l/s per hectare for a 5% Annual Exceedance Probability (AEP) storm event (regardless of duration).
3. That Lot 3 Permissible Site Discharge is limited to 75 l/s per hectare for a 1% Annual Exceedance Probability (AEP) storm event (regardless of duration).
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 Planning or Development Engineering Staff on 6238 2715.
Reason for condition
To ensure that works occur on site in accordance with the Hobart Interim Planning Scheme 2015 and stormwater runoff from Lot 3 is able to be contained within the minor and major downstream stormwater drainage systems.
ENG r7
Residential underground power to each lot must be installed prior to the sealing of the final plan.
Reason for condition
To ensure that the subdivision of land provides adequate services to meet the projected needs of future development.
OPS 1
The owner must pay a cash contribution to the Council for contribution to public open space, prior to sealing of the final plan.
The open space contribution is equal to 5% of the undeveloped value of Lots 1 and 3 in the final plan, in lieu of the provision of public open space within the subdivision.
Advice: The value is to be determined by a registered valuer commissioned by the Council at the developer's cost. Please contact the Council's Development Appraisal Unit on 6238 2715 to instigate the valuation process.
Reason for condition
Approval of the subdivision will create further demand upon Hobart's Public Open Space System. The funds obtained will be used for future expenditure on the purchase or improvement of land for public open space in Hobart.
SUB s1
An amendment to Strata Plan 131380 must be submitted concurrently with the final plan for the subdivision / boundary adjustment and approved by Council in accordance with the requirements of sections 19 and 31 of the Strata Titles Act 1998, prior to the sealing of the final plan for the subdivision / boundary adjustment.
Reason for condition
To enable a portion of Lot 1 on Strata Plan 131380 to form part of Lot 3 on the final plan of survey for the subdivision / boundary adjustment.
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 62382190 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.
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
Your proposal involves work within the highway reservation, you will require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.
PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE
You may require a permit to construct public infrastructure, with a 12 month maintenance period and bond (please contact the Hobart City Council's City Infrastructure Division to initiate the permit process).
NEW SERVICE CONNECTION
Please contact the Hobart City Council's City Infrastructure Division to initiate the application process for your new stormwater connection.
STORMWATER
Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Hydraulic Services By law. Click here for more information.
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 Infrastructure 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.
REDUNDANT CROSSOVERS Redundant crossovers are required to be reinstated under the Hobart City Council’s Highways By law. Click here for more information.
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.
STORM WATER / ROADS / ACCESS
Services to be designed and constructed in accordance with the (IPWEA) LGAT – standard drawings. Click here for more information.
STRATA AMENDMENT
You will be required to amend the strata plan pursuant to the provisions of the Strata Titles Act 1998 in order to reflect the completed development works. Click here for more information.
TITLE ADHESION
An adhesion of your titles is required because a portion of your development is across one or more title boundaries. Contact your solicitor or a registered land surveyor to initiate the process.
WEED CONTROL
Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website.
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.
SUBDIVISION ADVICE
For information regarding standards and guidelines for subdivision works click here. All conditions imposed by this permit are in accordance with the Local Government Building & Miscellaneous Provisions) Act 1993 and the Conveyancing and Law of Property Act 1884.
PUBLIC OPEN SPACE CASH IN LIEU VALUATION
Please contact the Council's Development Appraisal Unit on 6238 2715 to instigate the valuation process.
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That Council Officers investigate the significance of the heritage dwelling on 5 Giblin Street, and seek guidance from Heritage Tasmania to provide the correct course of action to request a compulsory restoration of the dwelling be undertaken by the developer.
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HARVEY
That Part B of supplementary item 13 be recommitted in accordance with section 19(1)(a) of the Local Government (Meeting Procedures) Regulations 2015, due to misunderstanding of the motion.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
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Briscoe |
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Denison |
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Harvey |
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Behrakis |
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Part B of supplementary item 13 was then recommitted.
BRISCOE
PART B
That Council Officers investigate the significance of the heritage dwelling on 5 Giblin Street, and seek guidance from Heritage Tasmania to provide the correct course of action to request a compulsory restoration of the dwelling be undertaken by the developer.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
Behrakis |
Briscoe |
|
Denison |
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Harvey |
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HARVEY
That item 8.1 be now taken.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
|
Briscoe |
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Denison |
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Harvey |
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Behrakis |
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Item 8.1 was then taken.
The Chairman adjourned the meeting at 6:27 pm for the special meeting of the full Council.
The meeting was reconvened at 7:19 pm.
Supplementary item 11 was then taken.
There being no further business the open portion of the meeting closed at 8:31 pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
12th DAY OF AUGUST 2019.
CHAIRMAN