Minutes (Open Portion)

City Planning Committee Meeting

Page 2

29/10/2018

Minutes (Open Portion)

City Planning Committee Meeting

Page 3

29/10/2018

RUZICKA

The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 15 October 2018 and the Special City Planning Committee meeting held on Monday, 22 October 2018, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

Minutes (Open Portion)

City Planning Committee Meeting

Page 6

29/10/2018

7.1.1   10 Evans Street, Hobart and 6 Evans Street, Hobart and Adjacent Road Reserve - Cycleway Extension and Associated Works

HARVEY

That the recommendation contained in the report of the Acting Senior Statutory Planner and the Acting Manager Development Appraisal of 16 October 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for cycleway extension and associated works at 6 and 10 Evans Street, Hobart, and the adjacent road reserve, for the reasons outlined in the officer’s report, attached to item 7.1.1 of the Open City Planning Committee agenda of 29 October 2018, 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 PLN­18­505 ­ 10 EVANS STREET HOBART TAS 7000 ­ 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 2018/01315­HCC dated 23/08/2018 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, 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 commencement of use.

Reason for condition

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

ENG 1

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

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

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

Reason for condition

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

ENG s1

Prior to the commencement of works within Evans Street, Davey Street and possible minor works in Tasman Highway provide detail plans.

In Davey Street the plans must show:

1.    Show plan view of the proposed works including any new signage.

2.    Show any existing infrastructure that maybe affected.

3.    Show levels to ensure that proposed works will match into the existing shared use path.

In Tasman Highway the plans must show:

1.    How the proposed works will integrate into the existing shared use path.

2.    Detail any changes required with the existing shared use path to facilitate this proposal.

In Evans Street the plans must show:

1.    Plan view of the proposed works including any new signage.

2.    Any existing infrastructure that maybe affected.

3.    Detail the levels of the proposed and existing paths, kerbs, ramps and median island.

4.    Submit a lighting plan of existing light levels showing if it meets the requirements for the proposed median island, to the satisfaction of the Director City Infrastructure by a suitably qualified person.

5.    If light levels are required to be increased either by changing the light on the existing light pole to the west of the path or a new light pole required, this shall be undertaken in accordance with TasNetworks requirements to the satisfaction of the Director City infrastructure by a suitable qualified person.

All works required by this condition must be undertaken at the developers cost in accordance with the approved plans.

Advice: once the plans have been approved Council will issue a condition endorsement and a permit from the City must be obtained by the contractor for works within the highway reservation to undertake the works.

Reason for condition

To ensure the City infrastructure is protected.

HER 6

All onsite excavation and disturbance must be monitored. Should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

1.    All excavation and/or disturbance must stop immediately; and

2.    A qualified archaeologist must be engaged to attend the site and provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and

3.    All and any recommendations made by the archaeologist engaged in accordance with (2) above must be complied with in full; and

4.    All features and/or deposits discovered must be reported to the Council within 24 hours of the discovery; and

5.    A copy of the archaeologists advice, assessment and recommendations obtained in accordance with paragraph (2) above must be provided to Council within 7 days of receipt of the advice, assessment and recommendations.

Excavation and/or disturbance must not recommence unless and until approval is granted from the Council.

Reason for condition

To ensure that work is planned and implemented in a manner that seeks to understand, retain, protect, preserve and manage significant archaeological evidence.

ENVHE 1

Recommendations in the report 'Site Environmental Management Plan' by AECOM dated 17 November 2015 must be implemented for the duration of the proposed excavation works.

Reason for condition

To ensure that the risk to human health and the environment is suitably managed during excavation works.

ADVICE

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

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

CONDITION ENDORSEMENT ENGINEERING

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

Value of Building Works Approved by Planning Permit Fee:

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

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

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

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

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

BUILDING PERMIT

You may need building approval in accordance with the Building Act 2016. Click here for more information.

This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

PLUMBING PERMIT

You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

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).

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.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

7.2.1   17 Beach Road, Sandy Bay & Includes Area Of Foreshore Of River Derwent Adjacent 17 Beach Road, Sandy Bay - Partial Demolition, Alterations, Extensions, Vegetation Removal, New Building For Change Rooms and Associated Works

BURNET

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 19 October 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, extensions, vegetation removal, new building for change rooms and associated works at 17 Beach Road, Sandy Bay and includes area of foreshore of River Derwent and adjacent 17 Beach Road, Sandy Bay for the reasons outlined in the officer’s report, attached to item 7.2.1 of the Open City Planning Committee agenda of 29 October 2018, 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 PLN­18­492 ­ 17 BEACH ROAD & INCLUDES AREA OF FORESHORE OF RIVER DERWENT ADJACENT TO 17 BEACH ROAD SANDY BAY TAS 7005 ­ 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 2018/01406­HCC dated 17 September 2018 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG sw6

Stormwater disposal for stormwater runoff from the site adequate for all 5% AEP events must be installed prior to commencement of use or issue of a Certificate of Completion (whichever occurs first). All costs associated with works required by this condition are to be met by the owner.

A stormwater management report and design drawings must be submitted and approved prior to the issuing of any consent under the Building Act or commencement of works (whichever occurs first).

The stormwater management report and design drawings must:

1.    Be prepared by a suitably qualified and experienced person;

2.    Include a Site and Soil evaluation, including soil permeability, depth to groundwater, minimum setbacks from features such as boundaries, sewer trenching and footings.

3.    Include detailed design and supporting calculations of the soakage trenches.

4.    Include a Stormwater Management Summary Plan that outlines the obligations for future property owners to stormwater management, including a maintenance plan which outlines the operational and 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 assets and replacement requirements.

All work required by this condition must be undertaken and maintained in accordance with the approved stormwater management report and design.

Advice: The applicant is advised to submit detailed design drawings and calculations as part of their Plumbing Permit Application. If detailed design to satisfy this condition is submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will still need to obtain a plumbing permit for the works.

Reason for condition

To ensure adequate stormwater storage and soakage capacity.

ENG 12

The alterations to the car parking must be generally designed and constructed in accordance with the Australian Standard Parking facilities, Part 1: Off­Street Carparking, AS 2890.1 – 2004 or a Council approved alternative design, prior to commencement of use.

Design drawings must be submitted and approved by Council's Director City Infrastructure and Council's Director Parks and City Amenity, prior to issue of any building consent under the Building Act 2016 or commencement of work, whichever occurs first. The design drawings must include but limited to:

1.    Show all parking bays to be removed and the method used for concealing the existing line marking.

2.    Show the provision of pavement arrows for the control and direction of circulating traffic within the car park.

3.    Show the bollard type and installation details.

4.    Show one parking space for people with disabilities as close as practicable to the entry point of the building and in accordance to Australian/NZS standard, Parking facilities Part 6: Off­street parking for people with disabilities AS/NZS 2890.6:2009.

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

Advice: Once the design drawing has been approved 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.

Please contact Council's City Infrastructure Division Manager Traffic Engineering to determine suitable location for the provision of the car parking space for people with disabilities. The car parking space for people with disabilities may replace existing car parking spaces.

Please contact Council's City Infrastructure Division Road Services Engineer with regard to the accepted method for concealing existing linemarking, provision of pavement arrows and the type of bollards to be installed.

Reason for condition

To ensure that the parking layout for the development is to accepted standards.

ENG 1

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

ENV 2

Sediment and erosion control measures, sufficient to prevent sediment leaving the site and in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A SWMP must be submitted prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.

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

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

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.

ENV s1

The white gum on the western side of the existing building must not be removed unless the prior written consent of the Director Parks and City Amenity is obtained.

Unless the prior written consent of the Director Parks and City Amenity is obtained to remove the tree, an approved Tree Protection Plan must be implemented.

Prior to the commencement of works and prior to the granting of consent under the Building Act 2016, a Tree Protection Plan must be submitted and approved, unless the prior written consent of the Director Parks and City Amenity is obtained to remove the tree.

The plan (if required) must:

·     Identify potential risks to the health and structural stability of the tree from the proposed development; and

·     Include tree protection measures to be followed during the development to minimise the risk of significant impacts to the health and structural stability of the tree.

Advice: Once the Tree Protection Plan has been approved, or evidence that the Director Parks and City Amenity has granted approval to remove the tree has been provided, 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 that impact on erosion potential resulting from the removal of native vegetation is negligible

OPS 1

The boundary of the applicant’s lease must be clearly marked by the owner on the ground before any works commence.

Reason for condition

To protect the values of the Council’s reserve Long Beach Reserve.

OPS s1

The applicant will be responsible for the cost of re­instatement or rehabilitation of any impacts and/or damage caused to Long Beach Reserve and its values and assets by works undertaken by the developer that are outside of those approved in this permit.

Reason for condition

To protect the values of the Councils reserve Long Beach Reserve.

OPS s2

Any vegetation to be removed must be paid for by the developer prior to the commencement of use. To determine the cost of vegetation being removed, a valuation is to be undertaken to the satisfaction of the Director, Parks and City Amenity and at full cost to the developer.

Vegetation removal must be in accordance with the recommendations of a Coastal Hazards Inundation Report by a suitably qualified professional. Plantings in excess of the vegetation removed must be undertaken to the satisfaction of the Director, Parks and City Amenity.

Advice: Council is currently undertaking a Coastal Hazards Inundation Report that will assist in the implementation of this condition.

Reason for condition

To protect the values of the Council's reserve, Long Beach Reserve.

ADVICE

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

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

CONDITION ENDORSEMENT ENGINEERING

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

Value of Building Works Approved by Planning Permit Fee:

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

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

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

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

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

BUILDING PERMIT

You may need building approval in accordance with the Building Act 2016. Click here for more information.

This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

PLUMBING PERMIT

You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

STORM WATER

Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Hydraulic Services By law. Click here for more information.

WASTE DISPOSAL

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

Further information regarding waste disposal can also be found on the Council’s website.

FEES AND CHARGES

Click here for information on the Council's fees and charges.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.

8.1      Alderman Dr Eva Ruzicka Presentation - Historic Urban Landscapes Ballarat

RUZICKA

That the recommendation contained in the memorandum of the Director City Planning of 24 October 2018, be adopted, as amended by an additional clause to read as follows:

“2.     The City Planning Committee requests a further report on:

(i)      The outcomes of discussions between City of Hobart officers and the City of Ballarat about its consultation process for any learning on getting people involved in supporting local heritage precincts in their city;

(ii)     A rolling consultation process be undertaken over the next four years for local heritage precincts ratepayers, asking questions much like the City of Ballarat has, to check the planning premises; and

(iii)    To further investigate how planning conflicts between use of building stock in the precincts and desires for current and future use can be managed as social, cultural and economic demands change over time in our City.”

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:  1.     The item be received and noted.

2.    The City Planning Committee requests a further report on:

(i)      The outcomes of discussions between City of Hobart officers and the City of Ballarat about its consultation process for any learning on getting people involved in supporting local heritage precincts in their city;

(ii)     A rolling consultation process be undertaken over the next four years for local heritage precincts ratepayers, asking questions much like the City of Ballarat has, to check the planning premises; and

(iii)    To further investigate how planning conflicts between use of building stock in the precincts and desires for current and future use can be managed as social, cultural and economic demands change over time in our City.

8.2      Delegated Decisions Report (Planning)

BURNET

That the recommendation contained in the memorandum of the Director City Planning of 23 October 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled ‘Delegated Decisions Report (Planning)’ of 23 October 2018 be received and noted.

8.3      City Planning - Advertising Report

RUZICKA

That the recommendation contained in the memorandum of the Director City Planning of 23 October 2018, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled ‘City Planning – Advertising Report’ of 23 October 2018 be received and noted.

9.1      Standards and Controls for Residential Developments in Non-Residential Zones

RUZICKA

That in accordance with Council’s policy, the following Notice of Motion which was adopted by the City Planning Committee, be considered by the Council.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

Motion:

“That a report be prepared on what standards and controls that might be applied to residential development occurring in Zones other than the Residential Zone, and specifically with regard to the trend for multiple dwelling inner city living complexes impacting on existing and future residential amenity values.”

Rationale:

“In line with the UDAP comments in item 2.1.2 Special City Planning 22^nd October, page 281 and Attachment D.

Pre-existing single or double storey residences in the inner city are disadvantaged in terms of residential amenity due to planning controls in non-residential zones.  With the trend for inner city living appearing to result in multiple storey/multiple dwelling development applications, there is the risk that a lack of controls will result in a loss of amenity for both existing and future building complexes, particularly with regards to sunlight, privacy and car parking, thus making inner city living less desirable.”

The Acting General Manager reports:

“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as relates to the administration of planning schemes.”

10.1    Alderman Reynolds - Signage in Molle Street Carpark

Question:    Could the Director please advise if a development application was lodged for the new signage erected in the Molle Street Carpark and is the final signage compliant?

Answer:       The Director City Planning advised that a development application may not have been required for some of the signage as it may have represented a change in messaging, however investigations into the matter are currently being undertaken.

10.2    Alderman Reynolds - Molle Street Carpark Signage Compliance

Question:    Could the Director please advise that if the signage erected at the Molle Street Carpark is not compliant, will legal action be undertaken?

Answer:       The Director City Planning advised that he will provide further information in relation to the question under separate cover in due course.