Minutes (Open Portion)

Planning Authority Committee Meeting

Page 1

23/7/2025

Minutes (Open Portion)

Planning Authority Committee Meeting

Page 1

23/07/2025

AYES

NOES

Lord Mayor Reynolds

Harvey

Posselt

Lohberger

Kitsos

Zucco

Bloomfield

Harvey

The previous minutes of the Open Portion of  the Planning Authority Committee meeting held on Wednesday, 25 June 2025, be confirmed as an accurate record.

Note: the Planning Authority Committee meeting scheduled for 9 July 2025 was cancelled.  

MOTION CARRIED

VOTING RECORD

Committee Resolution:

The minutes were signed.

7.1.1  267 Argyle Street, North Hobart - Partial Demolition and New Building for Vehicle Parking

Harvey

That the recommendation contained within the officer report, marked as item 7.1.1 of the Open Planning Authority Committee Agenda of 23 July 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That pursuant to the Hobart Interim Planning Scheme 2015, the Planning Authority Committee, in accordance with the delegations contained in its terms of reference, approves the application for Partial Demolition and new building for vehicle parking at 267 ARGYLE STREET, NORTH HOBART for the reasons outlined 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-2025-0140 - 267 Argyle St North Hobart - Final Planning Documents except where modified below.

PLN s1 - Private Car Park.

The use and development is for a private car storage facility. No approval is given for use as a public car park.

PLN s2 - Noise

Noise emissions measured at the boundary of a residential zone must not cause environmental harm within the residential zone.

PLN s3 - External Lighting

Any external lighting including security lighting associated with the proposal must be adequately baffled to ensure that light emissions avoid direct light spill onto adjacent properties so as not to cause environmental harm.

PLN s5 - Landscape Plan

A landscaping plan must be submitted and approved by the City of Hobart's Director Strategic and Regulatory Services, prior to the issue of any consent under the Building Act 2016 (excluding demolition or excavation) or the commencement of work. The landscaping plan must include (but is not limited to):

1.     a scale, dimensions and north point;

2.     buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary;

3.     a planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant;

4.     landscaping and planting along the Campbell Street frontage of the site which includes a range of plant height and forms.

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

Advice:

Once the landscaping plan 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 that the property frontage on Campbell Street is landscaped in a manner that will relieve the visual impact on the streetscape of the proposed large expanse of hard surfaces and softens the boundary of car parking areas with neighbouring properties and reduces the opportunity for crime and anti-social behaviour.

PLN s6 - Implementation of the Landscape Plan

The site must be landscaped in accordance with the approved landscape plan within 3 months of completion.

HER 21 - Heritage - Archaeological

All onsite excavation and disturbance must be monitored and managed in accordance with the Statement of Historical Archaeological Potential, Archaeological Impact Assessment & Archaeological Method Statement by Praxis Environment, dated June 2025, pages 39-43. This includes but is not limited to:

1.     Excavation within areas of high archaeological potential to be supervised by a suitably qualified archaeologist as per Section 7.2 of the report;

2.     A contractor briefing by a suitably qualified archaeologist is to be undertaken prior to works commencing, as per Section 7.3 of the report; and

3.     A final report on the excavation outcomes is to be submitted within 6 months of the completion of excavation, as per Sections 7.6 and 7.7 of the report.

HER 22 - Heritage - Archaeological

All onsite excavation and disturbance must be monitored. Should excavation or disturbance lead to the discovery of any features or deposits of an archaeological nature outside of the area of high archaeological potential:

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 3 days 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 90 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.

ENVHE 2 - Environmental Health - Environmental Site Assessment Report

Immediately following demolition works, and prior to construction commencing, an Environmental Site Assessment report prepared by a suitably qualified and experienced person in accordance with the procedures and practices detailed in the National Environment Protection (Assessment of Site Contamination) Measure 1999 (NEPM) as amended 2013 must be submitted as a condition endorsement prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first). The report must conclude:

1.     Whether any site contamination presents a risk to workers involved in redevelopment of the site, or future users of the site, as a result of proposed excavation of the site.

2.     Whether any site contamination presents an environmental risk from excavation conducted during redevelopment of the site.

3.     Whether any specific remediation and/or protection measures are required to ensure proposed excavation does not adversely impact human health or the environment before excavation commences.

4.     That based on the results of the Environmental Site Assessment, that the excavation as part of the planned works will not adversely impact on human health or the environment (subject to implementation of any identified remediation and/or protection measures as required).

If the Environmental Site Assessment report concludes that remediation and/or protection measures are necessary to avoid risks to human health or the environment, a proposed remediation and/or management plan must be submitted as a condition endorsement prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first). Any remediation or management plan involving soil disturbance must include a detailed soil and water management plan to prevent offsite transfer of potentially contaminated soil or stormwater.

Reason for condition

To determine the level of site contamination, and to identify any recommended remediation/management practises/safeguards which need to be followed/put in place during any excavations/ground disturbance.

Advice:

An Environmental Site Assessment by GES Geo-Environmental Solutions has been provided. The ESA is to be updated or supporting documentation added to include additional testing where the current building is located, any contamination management recommendations based on these results and an updated statement of suitability as recommended by GES Geo-Environmental Solutions.

ENG 1A - 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.

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.

Reason for condition

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

ENG 2B - Development Engineering - Vehicle Barriers

Further detailed designs are required for vehicle barriers in the following locations:

1.     Where the drop from the edge of the trafficable area to a lower level is 600mm or greater.

This documentation must be submitted and approved as a condition endorsement, prior to the issuing of any approval under the Building Act 2016.

The detailed designs must:

1.     be prepared and certified by a suitably qualified person;

2.     be in accordance with the Australian Standard AS/NZS 1170.1:2002, if possible; and

3.     show dimensions, levels, gradients and transitions, and other details as Council deem necessary to satisfy the above requirement.

The vehicle barriers must be installed in accordance with the approved detailed designs prior to first occupation.

ENG 2C - Development Engineering - Vehicle Barriers

Prior to the first occupation, a suitably qualified person must certify that the vehicle barriers have been installed in accordance design drawings approved by condition ENG 2B.

Advice:

An example certificate is available on our website.

ENG 3B - Development Engineering - Parking and Access Design

Prior to the issue of any approval under the Building Act 2016 or commencement of work(s) (including demolition and site disturbance), a detailed design of the parking area must be submitted and approved as a Condition Endorsement.

The detailed designs must:

1.     be prepared and certified by a suitably qualified person,2. be in accordance with the Australian Standard AS/NZS 2890.1:2004, if possible,3. where the design deviates from AS/NZS 2890.1:2004 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use; and

2.     show dimensions, levels, gradients and transitions, and other details as Council deem necessary to satisfy the above requirement.

The access driveway and parking area must be constructed in accordance with the approved detailed designs prior to first occupation.

Advice:

The detailed design of the access, driveway, and manoeuvring area should be considered prior to finalising the finished floor level of the parking spaces (particularly if located within a garage intrinsic to a dwelling); failure to do so may result in difficulty complying with this condition.

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 spaces

The number of car parking spaces approved to be used as storage on the site is number one-hundred and six (106).

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.

ENG 10 - Stormwater - Drainage

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, and impervious surfaces such as driveways and paved areas) must be drained via gravity to a lawful point of discharge to the public stormwater system prior to occupancy or commencement of use (whichever occurs first).

All private plumbing (including ag drains) must be contained within the property boundary.

Advice:

Council mapping shows the manhole at the frontage of 214 Campbell St (IL 27.83) as a private shared asset acting as a private boundary IO.

Council is aware third-party drainage (both from titles with separate ownership as well as common ownership non-adhered lots) passes through the site, and services to these lots must be maintained.

SW 9 - Stormwater - Design

Prior to occupancy or the commencement of the approved use (whichever occurs first), treatment for stormwater discharges from the development must be installed.

 A stormwater management report and design 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 on the site (whichever occurs first). The stormwater management report and design must be prepared by a suitably qualified engineer and must:

1.      include detailed design of the proposed treatment train in general accordance with Gandy & Roberts "Concept Sewer and Stormwater Plan" C050 RevE, including but not limited to: long-section, catchment areas, final estimations of contaminant removal meeting State Stormwater Strategy Targets, and levels demonstrating adequate head;

2.      include a supporting maintenance plan, which specifies the required 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:

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

As per the submitted documentation, wash bays must not be directed to stormwater.

ENV 6 - Stormwater - 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:

a)     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 www.derwentestuary.org.au/stormwater/  and

b)     any recommendations in an Environmental Site Assessment or other document relating to contaminated soils onsite.

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.

ENV 6 - Environmental Planning - Soil & Water Management Plan

Prior to the issue of any approval under the Building Act 2016 or the commencement of work (whichever occurs first), a Soil and Water Management plan (SWMP) must be submitted and approved as a condition endorsement. The SWMP must be prepared by a suitably qualified person and must:

1.  specify sediment and erosion control measures sufficient to prevent soil, fill and sediment from leaving the site, during both the construction phase and post-construction, including management of soil stockpiles for contaminant classification; and

2.  be consistent with "Erosion and Sediment Control: The Fundamentals for Development in Tasmania" (Derwent Estuary Program).

The approved control measures in the SWMP must be installed prior to any disturbance of any soil or vegetation, be regularly inspected and maintained during the construction/demolition period to prevent soil and other materials entering the local stormwater system, waterways, roadways or adjoining properties. The approved control measures must remain in place until such time as all disturbed areas have been stabilised using vegetation and/or restored or sealed to the satisfaction of the City of Hobart.

All works must be undertaken in accordance with the approved SWMP.

ADVICE

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

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

CONDITION ENDORSEMENT

If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission through PlanBuild. Detailed instructions can be found (www.hobartcity.com.au/Development/Condition-endorsement ).
 
Once approved, the Council will respond to you via PlanBuild that the condition has been endorsed (satisfied).
 
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.
 
Fees for Condition Endorsement are set out in Council’s [Fees and Charges] (www.hobartcity.com.au/Council/Fees-and-charges).

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. (www.hobartcity.com.au/Development/Building-and-plumbing/Lodgment-of-building-and-plumbing-applications ) 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 potentially-contaminated soil, water, dust and vapours. www.worksafe.tas.gov.au/safety 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." (www.hobartcity.com.au/City-services/Environment/Pollution-control) for more information.

NOISE REGULATIONS

Click (www.hobartcity.com.au/Residents/Noise) 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 (www.hobartcity.com.au/Environment/Recycling_and_Waste).

FEES AND CHARGES

Click (www.hobartcity.com.au/Council/Fees-and-charges) for information on the Council's fees and charges.

BEFORE YOU DIG

Click (www.byda.com.au ) for before you dig information.

8.1     Planning Advertising Report

Lohberger

That the recommendation contained within the officer report, marked as item 8.1 of the Open Planning Authority Committee Agenda of 23 July 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That the information contained in “Planning Advertising Report” be received and noted.

8.2     Delegated Decisions Report (Planning)

Lohberger

That the recommendation contained within the officer report, marked as item 8.2 of the Open Planning Authority Committee Agenda of 23 July 2025, be adopted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That the information contained in the “Delegated Decisions Report (Planning)” be received and noted.

Reynolds

That the following responses to questions without notice marked as items 9.1 to 9.3 be received and noted.

MOTION CARRIED

VOTING RECORD

Committee Resolution:

That the following responses to questions without notice be received and noted.

Question:  Will the City undertake any asset compliance to make sure State election signage is taken down in accordance with the Planning Scheme?

Answer:    The Deputy Director Strategic and Regulatory Services answered yes, compliance checks will be conducted.

Question:  I heard that Council invoiced the Labor Party for the cost of removing election signs.  What happens if the Labor Party doesn’t respond? What is the next step?

Answer:    The Deputy Director Strategic and Regulatory Services advised that Council does not have a mechanism to invoice for the cost to remove the signs.  However, the signs placed were in breach of a Council by-law and it is possible to issue an infringement notice under the by-law.  It is unlikely the amount of the fines would cover the cost to remove the signs. 

Question:  If I have already asked this question, please disregard.  Around 2016 the Council introduced a form to improve public signage and also website promotion for more significant public interest development applications – have I asked this question?

Answer:    The Deputy Director Strategic and Regulatory Services confirmed that the question had been asked previously and had been answered.

Question:  As part of the TPS that’s due to come in shortly, are there any changes to parking minimums?  Noting that the report we looked at tonight had a fairly ridiculous assessment of parking minimums for car parks.  Are there any changes coming?

Answer:    The Deputy Director Strategic and Regulatory Services took the question on notice.

Question:  Can the Director please outline what options are available to the Council to prohibit prospectively undesirable uses consistent with our strategic planning approach?

Answer:    The Deputy Director Strategic and Regulatory Services took the question on notice.

Question: Are there any limitations within our Planning Scheme or the incoming TPS on Lumens or candles of LED signs that is a standard?

Answer:    The Deputy Director Strategic and Regulatory Services took the question on notice.