Minutes (Open Portion)

Planning Authority Committee Meeting

Page 1

20/8/2025

Minutes (Open Portion)

Planning Authority Committee Meeting

Page 1

20/08/2025

Harvey

The minutes of the Open Portion of the Planning Authority Committee meeting held on Wednesday, 6 August 2025, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

The minutes were signed.

7.1.1  43A Pirie Street, New Town - Partial Demolition, Alterations, Extension and Change of Use to Boarding House (21 Units)

Harvey

That the recommendation contained within the officer’s report, marked as item 7.1.1 of the Open Planning Authority Committee Agenda of 20 August 2025, amended by the following, be adopted.

That:

(i)              an additional ‘Condition’ added to encourage the use of green bins

(ii)             an clause be added on acoustic fencing; and

(iii)           an clause be added to improve landscaping on Pirie Street.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee, in accordance with the delegations contained in its terms of reference approve the application for Partial Demolition, Alterations, Extension and Change of Use to Boarding House (21 Units) at 43A PIRIE STREET, NEW TOWN for the reasons outlined in the officer report and a permit containing the following conditions be issued:

GEN – General

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-HOB-2025-0170 - 43 AND 43A PIRIE STREET NEW TOWN TAS 7008 - Final Planning Documents except where modified below.

THC – General

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 8682 dated 12 August 2025, as attached to the permit.

TW – General

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TASWASPAN-HOB-2025-0118 dated 27 June 2025 as attached to the permit.

PLN 15 - Residential Accommodation Management Plan

Prior to the commencement of the approved use, a management plan for the operation of the Boarding House must be submitted and approved as a condition endorsement, to the satisfaction of the Council's Director Strategic and Regulatory Network. The management plan must include measures to limit, manage and mitigate unreasonable impacts upon the amenity of long term residents. These measures must include, but are not limited to, the following requirements:

1.     To limit, manage, and mitigate noise generated as a result of the residential accommodation.

2.     To limit, manage, and mitigate behaviour issues caused as a result of the residential accommodation.

3.     To maintain the security of the building where the residential accommodation would be located, including managing and/or limiting access to shared areas and facilities.

4.     To specify the maximum permitted occupancy of the residential accommodation.

5.     To specify that guests must utilise the site for the parking of vehicles, that the maximum number of vehicles to be parked on the site (8), and detail where the parking spaces are located and how the spaces are to be accessed. Additionally, residents should be discouraged from bringing more than 8 vehicles and the parking of any additional vehicles in nearby streets should also be discouraged.

6.     To provide details pertaining to the private skip bin collection and to encourage the use of green waste collection bins, i.e. collection point, collection times, number of green bins on -site etc.

7.     To provide a name and contact phone number of a person who will respond to any complaints regarding behaviour of residents.

Once approved, the management plan must be implemented prior to the commencement of the approved use and must be maintained for as long as the residential accommodation is in operation. The management plan must be provided to adjacent property owners and occupiers within 14 days of being approved. If the property is sold, the updated management plan (in accordance with 7, above) must be provided to adjacent property owners and occupiers within 10 business days of settlement.

ENG 1 - Development Engineering - Protection of Council Assets

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.

Any damage must be immediately reported 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, 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.

ENG 3A - Development Engineering - Parking and Access Design

The access driveway and parking area must be constructed in accordance with the following documentation which forms part of this permit: [Aldanmark - Reference - 25E99-16 (C102, C105, & C201) Rev 3 Dated15/7/2025] (received by the Council on 15 July 2025).

Any departure from that documentation and any works which are not detailed in the documentation must be either:

a)     approved by the Director Strategic and Regulatory Services , via a condition endorsement application; or

b)     designed and constructed in accordance with Australian Standard AS/NZ 2890.1:2004.

The works required by this condition must be completed prior to first occupation.

Reason for condition

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

ENG 3C - Development Engineering - Parking and Access Design

Prior to the first occupation, a suitably qualified engineer must certify that the access driveway and parking area has been constructed in accordance with design drawings approved by Condition ENG 3a. 

Advice:

We strongly encourage you to speak to your engineer before works begin so that you can discuss the number and nature of the inspections they will need to do during the works in order to provide this certification.  It may be necessary for a surveyor to also be engaged to ensure that the driveway will be constructed as approved.

The reason this condition has been imposed as part of your planning permit is that the driveway is outside the Australian Standard gradients or design parameters.  If the driveway is not constructed as it has been approved then this may mean that the driveway will either be unsafe or will not function properly.

An example certificate is available on our website.

Reason for condition

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

ENG 4 - Development Engineering - Parking and Access Seal

The access driveway and parking module (car parking spaces, aisles and manoeuvring area) approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) and surface drained to the Council's stormwater infrastructure prior to the commencement of use.

Reason for condition

To ensure the safety of users of the access driveway and parking module, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.

ENG 5 - Development Engineering - Parking and Access Design

All parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1 2004, prior to commencement of use.

Reason for condition

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

ENG 13 - Development Engineering - Subdivision Services

A construction waste management plan must be implemented throughout construction.

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

·          Provisions for commercial waste services for the handling, storage, transport and disposal of post-construction solid waste and recycle bins from the development; and

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

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

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

Reason for condition

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

ENV 2 - Environmental Planning - Soil Water Management Plan

Sediment and erosion control measures, sufficient to prevent sediment from 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 for each relevant stage must be submitted and approved as a Condition Endorsement 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 Erosion And Sediment Control, The Fundamentals for Development in Tasmania and associated guideline documents (TEER &DEP, 2023), available from the Derwent Estuary Program’s website.  The SWMP must detail temporary site drainage. If the site or controls change, an updated SWMP must be submitted. 

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.

SW 7 - Stormwater – Design

Prior to occupancy or the commencement of the use (whichever occurs first), any new stormwater connection must be constructed, and existing redundant connection(s) be abandoned and sealed at the owner’s expense.

Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), detailed engineering drawings must be submitted and approved. The detailed engineering drawings must include:

1.     The location of any proposed connection(s) and all existing connection(s);

2.     The size and design of the connection such that it is appropriate to safely service the development;

3.     Clearances from any nearby obstacles (e.g. services, crossovers, trees, poles, walls);

4.     Long-sections of any proposed connection(s) clearly showing clearances from any nearby services, cover, size, material and delineation of public and private infrastructure;

5.     Connections which are free-flowing gravity driven; and

6.     Be in general accordance with Council's departures from the LGAT Tasmanian Standard Drawings, available from our website

All work required by this condition must be undertaken in accordance with the approved detailed drawings. The approved stormwater connection documents must be included in your plumbing application document set and listed in accompanying forms.

Advice: 

Upgraded or new connections can be approved either via the CEP process, plumbing permit application or via a Request to install a stormwater service connection form. The approved stormwater connection documents must be included in your plumbing permit application document set and listed in accompanying forms.

A single connection for a property is required under the Urban Drainage Act 2013.

SW 9 - Stormwater – Design

Prior to occupancy or the commencement of the approved use (whichever occurs first), detention for stormwater discharges from the development must be installed such that there is no increase in flows from the developed site up to a 5% AEP event in general accordance with the planning permit documents.

The approved stormwater management design must be submitted prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first).

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

Any departure from the documentation and any works which are not detailed in the documentation must be submitted and approved via a condition endorsement application.

Advice: 

The applicant is advised to submit the approved design and report (with included maintenance plan and tank sections) as a part of their plumbing permit application.

SURV 17 - Survey - Proposed Changes to Existing Right of Carriageway Easement on Title

It is noted that the proposed development encroaches over an existing burdening Right of Carriageway easement currently listed on title. This easement must be adjusted to be clear of the proposed development, to the satisfaction of the parties to which it currently benefits, prior to the issue of any building permit.

Reason for condition

To ensure compliance with statutory provisions

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.

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.

SPECIAL CONNECTION PERMIT

You may need a Special Connection Permit (Trade Waste) in accordance with the Plumbing Regulations 2014 and the Tasmanian Plumbing Code. Click here for more information.

ACOUSTIC FENCE

It is recommended that a new boundary fence between 43A Pirie Street and the adjoining property at 45 Pirie Street be installed, particularly adjacent to the approved parking area, which would reduce amenity impacts to the adjoining dwelling from the use of the spaces by residents vehicles.

LANDSCAPING PIRIE STREET FRONTAGE

It is recommended that further landscaping measures be undertaken along the Pirie Street frontage of the site prior to the commencement of the use including the provision space for plantings and additional trees to offset any existing vegetation removed as part of the approved development.

STORMWATER

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

NEW SERVICE CONNECTION

If a new stormwater service connection is required for this development, please contact the Hobart City Council's Stormwater & Waterways Group to initiate the application process for your new stormwater connection. The connection design can be approved via a condition endorsement application, a plumbing permit application, or via a Request to install a stormwater service connection form.

STORMWATER / ROADS / ACCESS

Services to be designed and constructed in accordance with the (IPWEA) LGAT – standard drawings, with any of Council's relevant departures from them, available from our website. Click here for more information.

WORKS INVOLVING, OR IN PROXIMITY OF EXISTING DRAINS

The application proposes works on existing drains servicing the neighbouring property 43 Pirie Street.

Section 73 of the Building Act 2016 requires that a person must not perform any building work over an existing drain or within one metre from the edge of an existing drain measured horizontally, unless the owner of the building obtains written consent from the general manager of the council for the municipal area where the work is performed.

WORKS INVOLVING, OR IN PROXIMITY OF SERVICE EASEMENTS

For any building work over or within any existing or proposed services easement, the consent of the beneficiaries of the easement will be required in accordance with section 74 of the Building Act 2016 and/or any plumbing works under section 42 of the Building Regulations 2016.

A person must not perform any building work over or within a service easement unless the person obtains written consent to do so from the person on whose behalf the service easement was created.

BUILDING OVER AN EASEMENT

In order to build over the service easement, you will require the written consent of the person on whose behalf the easement was created, in accordance with section 74 of the Building Act 2016.

STRUCTURES CLOSE TO COUNCIL'S 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 Infrastructure and Assets Network.  You may need the General Manager's consent under section 13 of the Urban Drainage Act 2013 and consent under section 73 or 74 of the Building Act 2016.

REDUNDANT CROSSOVERS

Redundant crossovers are required to be reinstated under the Hobart City Council’s Infrastructure 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 subject to Council approval of the design. Click here for more information.

STREET LIGHTING

The relocation of a light pole must be in accordance with TasNetworks and Hobart City Council requirements. Click here for more information.

STORMWATER / ROADS / ACCESS

Services to be designed and constructed in accordance with the (IPWEA) LGAT – standard drawings. Click here for more information.

RIGHT OF WAY

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

PRIVATE COVENANTS

Please be advised that this property is subject to covenants contained within the schedule of easements.

The approved development may require consent and/or a modification to the covenant to ensure it is undertaken lawfully. You must not act on this planning permit until you have obtained any necessary consent or modification to the covenant which is required for the approved development.

If you proceed with the development inconsistent with the terms of the covenant, the parties with the benefit of the covenant may be entitled to make an application in the Courts to restrain a breach. The grant of this planning permit does not constitute a waiver, modification or release of the terms of the covenant nor approval under the terms of the covenant to undertake the proposed development.

WORK PLACE HEALTH AND SAFETY

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

PROTECTING THE ENVIRONMENT

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

NOISE REGULATIONS

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

WASTE DISPOSAL

It is recommended that the developer liaise with the Council’s City Resilience Group 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.

7.2.1  10-14 Davey Street, Hobart - Partial Demolition and Alterations

Harvey

That the recommendation contained within the officer report, marked as item 7.2.1 of the Open Planning Authority Committee Agenda of 20 August 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That pursuant to the Sullivans Cove Planning Scheme 1997, the Planning Committee, in accordance with the delegations contained in its terms of references approves the application for Partial Demolitions and Alterations at 10-14 DAVEY STREET HOBART TAS 7000 for the reasons outlines in the officer’s report and a permit containing the following conditions be issued:

GEN – General

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-HOB-2025-0266 - 10-14 Davey Street Hobart 7000 - Final Planning Documents except where modified below.

THC – General

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref:8687 dated 7 August 2025, as attached to the permit.

TR 2 - Traffic - Construction Management

A construction traffic and parking management plan must be implemented throughout the construction works.

The construction traffic and parking management plan (CTPMP) (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) must be submitted and approved as a condition endorsement prior to the commencement of work on the site. The CTPMP must be prepared by a suitably qualified expert and must include:

1.     A communications plan to advise the wider community of the traffic and parking impacts during construction, including pedestrian impacts;

2.     Start dates and finish dates of various stages of works;

3.     Times that trucks and other traffic associated with the works will be allowed to operate; and

4.     The name of a superintendent, or the like, to advise the City of Hobart of the progress of works in relation to the traffic and parking management with regular meetings during the works;

5.     Measures to mitigate and control mud, dust and sediment within and around the site; and

6.     Fencing which is proposed to secure and protect the site during construction.

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

HER 6

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 with 1 day of the discovery; and

5.  A copy of the archaeologist's advice, assessment and recommendations obtained in accordance with 2. above must be provided to Council within 30 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.

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.

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.

SPECIAL CONNECTION PERMIT

You may need a Special Connection Permit (Trade Waste) in accordance with the Plumbing Regulations 2014 and the Tasmanian Plumbing Code. Click here for more information.

8.1     Delegated Decision Report (Planning)

Harvey

That the recommendation contained within the officer report, marked as item 8.1 of the Open Planning Authority Committee Agenda of 20 August 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That the information contained in the ‘Delegated Decision Report (Planning)’ marked as item 8.1 of the Open Planning Authority Committee Agenda of 20 August 2025, be received and noted.

8.2     Planning - Advertised Applications Report

Harvey

That the recommendation contained within the officer report, marked as item 8.2 of the Open Planning Authority Committee Agenda of 20 August 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That the information contained in the ‘Planning – Advertised Applications Report’ marked as item 8.2 of the Open Planning Authority Committee Agenda of 20 August 2025 be received and noted.

Lohberger

That the recommendation contained within the officer report, marked as item  of the Open Planning Authority Committee Agenda of 20 August 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That the following responses to questions without notice, marked 9.1 and 9.2 one the Open Planning Authority Agenda of 20 August 2025, be received and noted.

Question:         I believe that the Local Provision Schedule is now through and effective from 25 August 2025?

Response:        The Director Strategic and Regulatory Services confirmed that was correct and that: maps and websites were being updated; and a briefing for Elected Members will be provided through the Elected Member’s Bulletin.

Question:          What has happened in relation to our submission on Short Stay Accommodation?

Response:        The Director Strategic and Regulatory Services advised that we had received a decision through the LPS process, advising that we couldn’t have that issue determined as part of that process.  We have to wait for the new planning scheme to come into effect, then we have to apply to amend the planning scheme.

Question:         Is my understanding correct that on the 25 August 2025 the new Planning Scheme becomes effective and then after that date, we can they re-apply to have Short Stay Accommodation issue determined?

Response:        The Director Strategic and Regulatory Services confirmed that Councillor Dutta’s understanding was correct.

Question:         There was an article in the paper about Air BnB.  Is there any prospect of re-visiting / prohibiting Air BnB in Hobart municipality or anywhere outside the Hobart CBD - given the increase of homelessness and the increase in the Homes Tasmania waiting list?

Response:        The Director Strategic and Regulatory Services advised that Elected Members instructed her to prepare an application to the new Planning Scheme to apply for an amendment to prohibit whole house conversion to Visitor accommodation in residential zones.  The City will continue to support visitor accommodation in more commercial areas.