Minutes (Open Portion)

Planning Committee Meeting

Page 0

6/9/2023

Minutes (Open Portion)

Planning Committee Meeting

Page 0

6/09/2023

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 23 August 2023, be confirmed as an accurate record.

Bloomfield                                           That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

AYES

NOES

Behrakis

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Harvey

Dutta

Sherlock

Kelly

Bloomfield

Posselt

Lohberger

6.1.1   Significant Trees Amendment - Hobart Interim Planning Scheme 2015 - PSA-22-4 - S39 Consideration of Representations

Reynolds

That the recommendation contained in the report of the Acting Director City Life, Director City Futures and Strategic Planner Urban Futures of 1 September 2023, be adopted.

AMENDMENT

kelly

That:

Clause 1 of the recommendation be amended to include the words ‘except in relation to 28 Dennison Street – Weeping Willow’ after the words ‘PSA-22-4 Amendment’.

Clause 2 be amended to include a new clause (c) that reads:

(c) Removal of 28 Denison Street – Weeping Willow from the listing.

AMENDMENT LOST

VOTING RECORD

AMENDMENT

BLOOMFIELD

That:

Clause 1 of the recommendation be amended to include the words ‘except in relation to 6 Romilly Street – English Oak’ after the words ‘PSA-22-4 Amendment’.

Clause 2 be amended to include a new clause (c) that reads:

(c) Removal of 6 Romilly Street – English Oak from the listing.

AMENDMENT LOST

VOTING RECORD

AMENDMENT

LOHBERGER

That:

Clause 1 of the recommendation be amended to include the words ‘except in relation to 66 York Street – Date Palm’ after the words ‘PSA-22-4 Amendment’.

Clause 2 be amended to include a new clause (c) that reads:

(c) Removal of 66 York Street – Date Palm from the listing.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:

1.      Pursuant to Section 39(2) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council endorse this report as the formal statement of its opinion as to the merit of the representations received during the exhibition of the draft PSA-22-4 Amendment, except  in relation to 66 York Street – Date Palm.

2.      Pursuant to Section 39(2) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council recommend to the Tasmanian Planning Commission that the PSA-22-4 Amendment to the Hobart Interim Planning Scheme 2015 be finally approved, with the following changes:

(a)     Amendment of the listing Ref. No. F16 to correct species name at Federal Street (Road reserve between Elizabeth Street and Argyle Street) from Platinus x acerifolia - London plane tree to Platanus orientalis ‘Insularis’;

(b)     Amendment of the listing Ref. No. Y1 to correct species name at 66 York Street from Phoenix dactylifera to Phoenix canariensis.

(c)     Removal of 66 York Street – Date Palm, from the listing.

6.1.2   93-93A Liverpool Street, Hobart - Partial Demolition, Alterations, Partial Change of Use to General Retail and Hire (Adult Sex Product Shop), and Signage

BURNET

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Manager Development Appraisal of 28 August 2023, be adopted.

Procedural Motion

Dutta                                                                          That the motion be now put.

PROCEDURAL MOTION CARRIED

VOTING RECORD

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, approves the application for Partial Demolition, Alterations, Partial Change of Use to General Retail and Hire (Adult Sex Product Shop), and Signage, at 93­93A Liverpool Street, Hobart for the reasons outlined in the officer’s report, marked as item 6.1.2 of the Open Planning Committee Agenda of 6 September 2023, 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 PLN­23­338 ­ 93­93A LIVERPOOL STREET HOBART TAS 7000 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 10

This permit does not approve any signs to be flashing or intermittently illuminated.

Reason for condition

To clarity the scope of the permit.

PLN s1

The Liverpool Street window display areas on either side of the entry must be maintained as display areas and must not contain any explicit images, wording, products, or materials.

Reason for condition

To clarify the scope of the permit and to ensure the CBD is a safe, comfortable and enjoyable environment for workers, residents and visitors.

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.

WASTE DISPOSAL

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 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.

6.1.3   1/175 Goulburn Street, West Hobart - Partial Change of Use to Visitor Accommodation

Posselt

That the recommendation contained in the report of the Development Appraisal Planner and Acting Manager Development Appraisal; of 25 August 2023, be adopted.  

MOTION LOST

VOTING RECORD

DUTTa

That pursuant to the Hobart Interim Planning Scheme 2015, and Planning Directive No. 6 Exemption and Standards for Visitor Accommodation in Planning Schemes, the Planning Committee, in accordance with the delegations contained in its terms of reference, refuses the application for a Partial Change of Use to Visitor Accommodation at 1/175 Goulburn St, West Hobart, for the following reason:

1.    The proposal does not satisfy either the Acceptable Solution or the Performance Criterion at clause 3.1(e) A2 and P2 of the Planning Directive No. 6 Exemption and Standards for Visitor Accommodation in Planning Schemes because it is for a strata lot that is part of a strata scheme where another lot within the strata scheme is used for residential use, and it will cause an unreasonable loss of residential amenity to the long term residents occupying the other lot in the strata scheme, having regard to the privacy of residents, and the likely increase in noise.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, and Planning Directive No. 6 Exemption and Standards for Visitor Accommodation in Planning Schemes, the Planning Committee, in accordance with the delegations contained in its terms of reference, refuses the application for a Partial Change of Use to Visitor Accommodation at 1/175 Goulburn St, West Hobart, for the following reason:

1.    The proposal does not satisfy either the Acceptable Solution or the Performance Criterion at clause 3.1(e) A2 and P2 of the Planning Directive No. 6 Exemption and Standards for Visitor Accommodation in Planning Schemes because it is for a strata lot that is part of a strata scheme where another lot within the strata scheme is used for residential use, and it will cause an unreasonable loss of residential amenity to the long term residents occupying the other lot in the strata scheme, having regard to the privacy of residents, and the likely increase in noise.

6.1.4   19 Hakea Drive, Tolmans Hill and Woodcutters Road, Tolmans Hill - Dwelling

Harvey 

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Manager Development Appraisal Officer of 29 August 2023, be adopted.

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, approves the application for a Dwelling at 19 HAKEA DRIVE TOLMANS HILL TAS 7007 for the reasons outlined in the officer’s report, marked as item 6.1.4 of the Open Planning Committee Agenda of 6 September 2023,  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 PLN­23­110 19 HAKEA DRIVE TOLMANS HILL TAS 7007 ­ 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 2023/00318­HCC dated 16/05/2023 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 first occupation or commencement of use (whichever occurs first). All private plumbing, including ag drains, must be within the property boundary.

The development must be designed to safely convey 1% AEP flows through the site.

Advice:

Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater onto a neighbouring property.

Reason for condition

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

SW 7

Prior to occupancy or the commencement of the use (whichever occurs first), any new stormwater connection required 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 the proposed connections and all existing connections;

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

3.       long­sections of the proposed connection clearly showing clearances from any nearby services, cover, size, material and delineation of public and private infrastructure;

4.       connections which are free­flowing gravity driven;

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

Advice:

Council records suggest the Lot has an existing connection near the sewer connection. This must be investigated. New connections can be approved either via the Condition Endorsement Process, or via the Application for New Stormwater Connection form available on the Council website.

ENG 2b

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

1.       Driveway; and

2.       Reversing bay.

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 engineer;

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

3.       show dimensions, levels, gradients & 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.

Reason for condition

To ensure the safety of users of the access driveway and parking module and compliance with the standard.

ENG 2c

Prior to the first occupation, a suitably qualified engineer 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.

Reason for condition

To ensure the safety of users of the access driveway and parking module and compliance with the relevant standards.

ENG 4

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

Reason for condition

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

ENG 1

Any damage to council infrastructure resulting from the implementation of this permit, must, at the discretion of the Council:

1.       Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or

2.       Be repaired and reinstated by the owner to the satisfaction of the Council.

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

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

Reason for condition

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

ENG r1

The footings and driveway deck within or supporting the highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings, structural certificates and associated geotechnical assessments of the infrastructure within or supporting the the Hakea Drive highway reservation must be submitted and approved as a Condition Endorsement, prior to the commencement of work and must:

1.       Be prepared and certified by a suitable qualified person and experienced engineer;

2.       Not undermine the stability of the highway reservation;

3.       Be designed in accordance with AS 4678, with a design life in accordance with table 3.1 typical application major public infrastructure works;

4.       Take into account any additional surcharge loadings as required by relevant Australian Standards;

5.       Take into account and reference accordingly any Geotechnical findings;

6.       Detail any mitigation measures required;
 

7.       Detail the design and location of the footing adjacent to the Hakea Drive highway reservation; and

The structure certificated or drawings should note accordingly the above

All work required by this condition must be undertaken in accordance with the approved select design drawing and structural certificates.

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.

Reason for condition

To ensure that the stability and integrity of the Council’s highway reservation is not compromised by the development.

ENG r3

Design drawings must be submitted and approved as a Condition Endorsement prior to any approval under the Building Act 2016. The design drawings must:

1.       Show the cross and long section of the driveway crossover within the highway reservation and onto the property;

2.       Detail any services or infrastructure (ie electrical turret, light poles, pits, awnings) at or near the proposed driveway crossover;

3.       Show swept path templates in accordance with AS/NZS 2890.1 2004(B85 or B99 depending on use, design template);

4.       If the design deviates from the requirements of the TSD, then demonstrate that a B85 vehicle or a B99 depending on use (AS/NZS 2890.1 2004, section 2.6.2), can access the driveway from the road pavement into the property without scraping the vehicle's underside;

5.       Show that vehicular and pedestrian sight lines are met as per AS/NZS 2890.1 2004.

6.       Be prepared and certified by a suitable qualified person, to satisfy the above requirements.

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

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.

Please note that your proposal does not include adjustment of footpath levels. Any adjustment to footpath levels necessary to suit the design of proposed floor, parking module or driveway levels will require separate agreement from Council's Program Leader Road Services and may require further planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.

Reason for condition

To ensure that works will comply with the Council’s standard requirements.

ENV 2

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 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.

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.

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.

OPS 2

A Bushfire Hazard Management Area (BHMA) must be established within Tolmans Hill Reserve, as specified in the approved Bushfire Hazard Management Plan, prior to the first occupancy.

Upon establishment of the BHMA to the satisfaction of the Council, City of Hobart will assume responsibility for the ongoing maintenance of the BHMA, as part of the urban firebreaks program.

Reason for condition

To ensure that the approved Bushfire Hazard Management Plan is implemented in a timely manner, and to the satisfaction of the Council, providing for the safety of inhabitants of the proposed dwelling.

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 on Council's online services e­planning portal. Detailed instructions can be found here.

Once approved, the Council will respond to you via email 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.

BUILDING PERMIT

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

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

PLUMBING PERMIT

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

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a permit for the occupation of the public highway for construction (e.g. placement of skip bin, crane, concrete pump truck etc). Click here for more information.

You will require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.

PLANNING ­ TOLMANS HILL LOCAL AREA PLAN

The Tolmans Hill Local Area Plan is available here.

This approval and subsequent conditions are given in the knowledge that the Part 5 Agreement on the title (CT. 153913/23) to the property is effective and binds the applicant to the restrictions and controls of the Tolmans Hill Local Area Plan.

Plant species listed in Council’s Restricted Plant List: Potentially Invasive Species Generally Unsuitable for Planting in or Adjacent Bushland, Riparian and Coastal Areas (June 2011) must not be planted on the lot (available here).

WORK WITHIN THE HIGHWAY RESERVATION

Please note development must be in accordance with the Hobart City Council’s Infrastructure by law. Click here for more information.

DRIVEWAY SURFACING OVER HIGHWAY RESERVATION

If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.

OTHER UTILITIES

The designer must ensure that the needs of all affected authorities, ie TasNetworks, are catered for both in the design and construction of the works, in particular adjustments to any underground cables or other infrastructure.

COUNCIL RESERVES

This permit does not authorise any works on the adjoining Council land apart from the clearing for bushfire protection, to be done by City of Hobart.

Any other act that causes, or is likely to cause, damage to Council’s land may be in breach of Council’s Public Spaces By­law and penalties may apply. A permit is required for works on Council land. The by­law is available here. To apply for a permit, visit: https://www.hobartcity.com.au/Community/Parks­reserves­and­sporting­ facilities/Carrying­out­activities­or­works­in­a­park­or­reserve.

WEED CONTROL

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website.

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.

PART 5 AGREEMENT ­ FENCING

To ensure compliance with the Tolmans Hill Local Area Plan Stage 16, 18, 19, 20 the applicant is advised that fencing along the side and rear boundaries must be no higher than 2.1 metres from Natural Ground Level and no closer to the road than 6 metres from the front boundary.

PART 5 AGREEMENT ­ LANDSCAPING

To ensure compliance with the Tolmans Hill Local Area Plan Stage 16, 18, 19, 20 it is recommended that the applicant submit a landscape plan setting out an area to the north of the dwelling, comparable in size to the area of vegetation removal along the western boundary. The landscape plan should include native grass species and shrubs consistent with the Bushfire Management Plan requirements.

6.1.5   29 Trumpeter Street, Battery Point - Mechanical Plant and Associated Works

Dutta     

That pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee, in accordance with the delegations contained in its terms of reference, refuses the application for mechanical plant and associated works at 29 Trumpeter Street, Battery Point, for the following reason:

1.    The proposal is for a change to an existing non-conforming use but does not meet clause 9.1.1 of the Hobart Interim Planning Scheme 2015 because it will have a detrimental impact on the adjoining residential use.

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, refuses the application for mechanical plant and associated works at 29 Trumpeter Street, Battery Point, for the following reason:

1.    The proposal is for a change to an existing non-conforming use but does not meet clause 9.1.1 of the Hobart Interim Planning Scheme 2015 because it will have a detrimental impact on the adjoining residential use.

7.1      Planning - Advertised Applications Report

Burnet

That the recommendation contained in the report of the Acting Director City Life of 23 August 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the 'Planning - Advertised Applications Report', be received and noted

7.2      Delegated Decision Report (Planning)

Burnet

That the recommendation contained in the report of the Acting Director City Life of 30 August 2023, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the 'Delegated Decision Report (Planning)', be received and noted.

Question

Can we be provided with what other states are doing and if there are any legislative means by which we can control tree removal?

Answer

The Acting Director took the question on notice.

Question

 In relation to the 28 day Statutory Planning Time Line what is the average time it takes for this council:

(i)            to assess planning applications?

(ii)          to assess planning applications with stop clock days?

Answer

The Acting Director took the question on notice.

Question

Does repeated burn-offs make the vegetation more fire prone or less fire prone?

Answer

The Acting Director took the question on notice.