Agenda of Planning Committee Meeting - Wednesday, 1 March 2023

Agenda (Open Portion)

Planning Committee Meeting

Page 6

1/3/2023

Planning Committee Meeting (Open Portion) held Wednesday, 1 March 2023 at 5:00 pm in the Council Chamber, Town Hall.

This meeting of the Planning Committee is held in accordance with a Notice issued by the Premier on 31 March 2022 under section 18 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020.

The title Chief Executive Officer is a term of reference for the General Manager as appointed by Council pursuant s.61 of the Local Government Act 1993 (Tas).

COMMITTEE MEMBERS

Alderman S Behrakis (Chairman)

Lord Mayor Councillor A M Reynolds

Deputy Lord Mayor Councillor H Burnet

Alderman M Zucco

Councillor W F Harvey

Councillor M Dutta

Councillor Dr Z Sherlock

Councillor J Kelly

Councillor L Elliot

Alderman L Bloomfield

Councillor R Posselt

Councillor B Lohberger

Apologies:

Leave of Absence: Nil.

1. Confirmation of Minutes

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 15 February 2023, are submitted for confirming as an accurate record.

2. Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

Recommendation

That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer.

3. Indications of Pecuniary and Conflicts of Interest

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 conflict 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.

4. Transfer of Agenda Items

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?

5. Planning Authority Items - Consideration of Items With Deputations

In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer 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.

RECOMMENDATION

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.

6. Committee Acting as Planning Authority

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 Chief Executive Officer 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.

Item No. 6.1.1

Agenda (Open Portion)

Planning Committee Meeting

Page 11

1/3/2023

6.1 Applications under the Hobart Interim Planning Scheme 2015

6.1.1 87 Goulburn Street, Hobart - Partial Demolition, Alterations, Signage and Partial Change of Use to Food Services

PLN-22-851 - FILE REF: F23/17929

Address: 87 Goulburn Street, Hobart

Proposal: Partial Demolition, Alterations, Signage and Partial Change of Use to Food Services

Expiry Date: 31 March 2023

Extension of Time: Not applicable

Author: Adam Smee

REcommendation

Pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee, in accordance with the delegations contained in its terms of reference, approves the application for partial demolition, alterations, and partial change of use to food services at 87 Goulburn Street, Hobart, for the reasons outlined in the officer’s report and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN22851 87 GOULBURN STREET HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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 2023/00071HCC dated 25/1/2023 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 6

The hours of operation approved for the use are Monday – Sunday, 7:30am 9pm. Office and administrative tasks associated with the approved use may be performed outside of these hours. Waste management tasks associated with the use, such as the emptying and filling of bins for example, are not considered to be administrative tasks and must not occur outside of the approved hours of operation.

Reason for condition

To ensure that nonresidential use does not unreasonably impact on residential amenity

PLN s1

Unless further approval is obtained, commercial vehicle movements, (including loading and unloading and garbage removal) associated with the approved use must be within the hours of:

(a) 7.00 am to 5.00 pm Mondays to Fridays inclusive;

(b) 9.00 am to 12 noon Saturdays;

Reason for condition

To ensure that nonresidential use does not unreasonably impact residential amenity.

PLN s2

Unless further approval is obtained, the maximum occupancy (not including staff) approved for the use is 30 persons.

Reason for condition

To ensure that a commercial use does not adversely affect residential amenity.

PLN s3

Unless further approval is obtained, amplified music and the use of other amplified equipment associated with the approved use is prohibited.

Reason for condition

To ensure that a commercial use does not adversely affect residential amenity.

PLN s4

Any alcohol sold in association with the approved use must be for consumption on the site and only in association with the service of meals.

Advice:

Any liquor licence issued for the approved use should be consistent with the requirements of this condition.

The approved use should not be promoted as a bar and should not be promoted with alcohol only based promotions, such as "happy hours" for example.

The premises should not be used as a venue for "standup functions" (i.e. where alcohol is consumed by patrons that are exclusively standing rather than seated).

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.

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.

PUBLIC HEALTH

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

FOOD BUSINESS REGISTRATION

Food business registration in accordance with the Food Act 2003. Click here for more information.

SINGLE USE PLASTICS

The City of Hobart has a ‘SingleUse Plastics ByLaw’ in force, which applies to retailers who provide or sell food to be taken from the retailer’s premises in food packaging. Retailers must not provide to a person any food packaging which is wholly or partly comprised of plastic and a single use product. Please click here for more information.

OCCUPATION OF THE PUBLIC HIGHWAY

This permit does not include approval for any onstreet seating and/or tables associated with the approved use. An occupational licence for use of the Hobart City Council highway reservation would be required for any onstreet seating and/or tables associated with the approved use. Click here for more information.

NOISE REGULATIONS

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

FEES AND CHARGES

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

Attachment a: PLN-22-851 - 87 GOULBURN STREET HOBART TAS 7000 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-22-851 - 87 GOULBURN STREET HOBART TAS 7000 - Attachment B - Planning Committee Agenda Documents ⇩

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