Minutes (Open Portion)

Planning Committee Meeting

Page 1

8/11/2023

Minutes (Open Portion)

Planning Committee Meeting

Page 1

8/11/2023

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Harvey

Dutta

Sherlock

Kelly

Bloomfield

Posselt

Lohberger

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 25 October 2023, be confirmed as an accurate record.

Harvey                    That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Harvey

Dutta

Sherlock

Kelly

Bloomfield

Posselt

Lohberger

6.1.1   83 View Street, Sandy Bay - Partial Demolition, Front Fencing,  and Alterations to Access, Driveway and Carparking

Harvey

That the recommendation contained in the report of the Development Appraisal Planner and Acting Statutory Planner of 3 November 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, refuses the application for Partial Demolition, Front Fencing, and Alterations to Access, Driveway and Carparking, at 83 View Street, Sandy Bay, marked as item 6.1.1 of the Open Planning Agenda of 8 November 2023, for the following reasons:

1       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.1 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the proposed demolition will result in the loss of significant fabric in the form of original verandah details that contribute to the historic cultural heritage significance of the precinct and it has not been demonstrated that there are environmental, social, economic or safety reasons of greater values to the community than the historic cultural heritage values of the place, or that there are no prudent or feasible alternatives or that the replacement building is more complimentary to the heritage values of the precinct.

2       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the design and siting of the proposal will result in detriment to the historic cultural heritage significance of the precinct as described in Table E13.2.

3       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 A4 or P4 of the Hobart Interim Planning Scheme 2015 because the design and scale (extent) of the front fence is not sympathetic to the style, period and characteristics of the precinct.

4       The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 A5 or P5 of the Hobart Interim Planning Scheme 2015 because the removal of areas of landscaping results in the loss of elements of landscaping that contribute to the significance of the precinct or the streetscape values and character of the precinct.

6.1.2   85 Athleen Avenue, 78 Athleen Avenue, Lenah Valley - 10 Multiple Dwellings

Burnet

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Senior Statutory Planner of 3 November 2023, be adopted, amended to include the addition of a landscape plan.

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 10 Multiple Dwellings, at 78 Athleen Avenue and 85 Athleen Avenue, Lenah Valley for the reasons outlined in the officer’s report , marked as item 6.1.2 of the Open Planning Agenda of 8 November 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 PLN­22­406 ­ 85 ATHLEEN AVENUE LENAH VALLEY TAS 7008 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s4

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing:

1.     Revised plans demonstrating the removal of the widow in the southern wall of bedroom 3 in unit 7, or it's replacement with an inoperable window.

2.     Revised plans demonstrating the addition of a window for bedroom 3 of Unit 7 in the western wall, along with the installation of a low retaining wall between the relocated window and the adjacent driveway edge.

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

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 provide reasonable amenity for dwellings

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).

Any private or private shared stormwater system passing through third­party land must have sufficient receiving capacity.

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 1

Prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first), a pre­ construction structural condition assessment and visual record (eg video and photos) of the Hobart City Council’s stormwater infrastructure within/adjacent to the proposed development must be submitted to the City of Hobart as a Condition Endorsement.

The condition assessment must include at least:

1.       a site plan clearly showing the location of the investigation, with access points and all segments and nodes shown and labelled, with assets found to have a different alignment from that shown on the City of Hobart’s plans to be marked on the ground and on the plan;

2.       a digital recording of a CCTV inspection and written condition assessment report in accordance with WSA 05­2013 Conduit Inspection Reporting Code of Australia, in a 'Wincan’ compatible format; and

3.       photos of any existing drainage structures connected to or modified as part of the development.

The pre-construction condition assessment will be relied upon to establish the extent of any damage caused to Hobart City Council’s stormwater infrastructure during construction. If the owner/developer fails to provide the City of Hobart with an adequate pre­construction condition assessment then any damage to the City of Hobart’s infrastructure identified in the post-construction condition assessment will be the responsibility of the owner/developer.

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 2

Prior to occupancy or the commencement of the approved use (whichever occurs first), a post­construction structural condition assessment and visual record (eg video and photos) of the Hobart City Council’s stormwater infrastructure within/adjacent to the proposed development, along with photos of any existing drainage structures connected to or modified as part of the development, must be submitted to the City of Hobart.

The condition assessment must include at least:

1.       a site plan clearly showing the location of the investigation, with access points and all segments and nodes shown and labelled, with assets found to have a different alignment from that shown on the City of Hobart’s plans shall be marked on the ground and on the plan;

2.       a digital recording of a CCTV inspection and written condition assessment report in accordance with WSA 05­2013 Conduit Inspection Reporting Code of Australia, in a 'Wincan’ compatible format; and

3.       photos of any existing drainage structures connected to or modified as part of the development.

The post-construction condition assessment will be relied upon to establish the extent of any damage caused to the Hobart City Council’s stormwater infrastructure during construction. If the owner/developer fails to provide the City of Hobart with an adequate post­construction condition assessment then any damage to the Hobart City Council’s infrastructure identified in the post​construction CCTV will be deemed to be the responsibility of the owner/developer.

SW 3

The proposed works (including cut/ fill, driveways, footings, overhangs and private plumbing infrastructure) must be designed to ensure the long term protection of and access to the Council’s stormwater infrastructure.

A detailed design certified by a suitably qualified engineer must be submitted and approved prior to issue of any consent under Building Act 2016 or commencement of works (whichever occurs first). The detailed design must:

1.       Demonstrate how the design will maintain the overland flow path, provide adequate access to the stormwater main, impose no additional loads onto the main and that the structure will be fully independent of the main and its trenching.

2.       Include cross­sections clearly showing the relationship both vertically and horizontally between Council’s stormwater infrastructure and the proposed works, and stating the minimum setbacks from the works to the nearest external surface of the main.

3.       Include a long­section of Council's stormwater main clearly showing proposed cover. If the cover is less than 600mm, engineering details and full calculations to relevant Australian standards (including construction traffic loading) must be submitted to demonstrate the mains can withstand the likely forces and will be adequately protected. All assumptions must be stated.

4.       Be certified by a suitably qualified engineer.

Prior to issue of any Certificate of Completion a suitably qualified engineer must confirm the installation of the works within two metres of Council’s stormwater main / construction of the retaining wall is in accordance with the approved drawings and complies with this condition. Should any remediation works be required, these must be carried out at the developer’s cost.

All work required by this condition must be undertaken in accordance with the approved 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. The plans must be in general accordance with the ADG Civil Engineering Report dated 17/03/23.

A separate consent will be required under s73 of the Building Act 2016 and s13 of the Urban Drainage Act for any works within 1m of the public stormwater infrastructure.

Reason for condition

To ensure the protection of the Council’s hydraulic infrastructure.

SW 6

Should any alterations to Councils stormwater infrastructure be required, the new stormwater infrastructure must be designed and constructed prior to occupancy or the commencement of the approved use (whichever occurs first).

Detailed engineering drawings must be submitted and approved, prior to issue of any approval under the Building Act 2016 or commencement of work (whichever occurs first). The detailed engineering drawings must be certified by a suitably qualified and experienced civil engineer and must:

1.      be substantially in accordance with the Local Government Association of Tasmania: Tasmanian Municipal Standard Drawings (May 2020), as varied by the City of Hobart’s published departures from those Drawings, and the Local Government Association of Tasmania, Tasmanian Subdivision Guidelines (October 2013);

2.      clearly distinguish between public and private infrastructure;

3.      show in both plan and long­section the proposed stormwater infrastructure, including but not limited to, manhole lid types suitable for the proposed use, manhole levels, adequate safe working platforms around manholes, connections, flows, velocities, hydraulic grade lines, clearances, cover, gradients, sizing, material, pipe class, easements and inspection openings;

4.      Include sections through the site demonstrating the finished surface levels and retaining structures do not concentrate or trap surface water.

5.      include the associated calculations and catchment area plans. The stormwater system (including defined overland flow paths) must cater for all 1% AEP event flows as at 2100 (i.e including climate change loading) from a fully developed catchment. The main itself must be sized to accommodate at least the 5% AEP event flows from a fully­ developed catchment;

6.      include provision for future development within the catchment to be adequately and efficiently serviced, i.e via appropriate easements;

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

SW 7

Prior to occupancy or the commencement of the use (whichever occurs first), any new or upgraded 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.      clearances from any nearby obstacles (eg services, crossovers, trees, poles, walls);

4.      long­sections of the proposed connection clearly showing cover, size, grade, material and delineation of public and private infrastructure;

5.      connections which are free­flowing 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 engineering drawings.

Advice:

Upgraded or new connections can be approved either via the CEP process or via the Application for New Connection form available from here. The approved stormwater connection documents must be included in your plumbing permit application document set and listed in accompanying forms.  A second connection for the site to drain the collected overland flow is accepted, however all practicable efforts to avoid multiple connections to both systems must be taken. The boundary IO must be downstream of any bypass etc.

SW 9

Prior to occupancy or the commencement of the approved use (whichever occurs first), stormwater pre­treatment 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, including final estimations of contaminant removal achieving stormwater quality targets in accordance with the State Stormwater Strategy 2010;

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. The plans must be in general accordance with the ADG Civil Engineering Report dated 17/03/23.

Reason for condition

To avoid the possible pollution of drainage systems and natural watercourses, and to comply with relevant state legislation.

SW 11

Measures to mitigate overland flow risk from the critical 1% AEP at 2100 event must be installed prior to occupancy or issue of any completion (whichever occurs first). Works must not redirect or concentrate flows onto third party land and must safely convey flows, including through the property.

·        Drawings detailing these measures 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). These must include (but are not limited to):

·        Designated flood path that will allow for any possible overland flow in case of 1% AEP flows at 2100.

·        Detailed design of all works required to safely and adequately convey the 1% AEP flows at 2100, while mitigating against erosion and land instability.

·        Provide supporting calculations and cross­sections to show adequacy of private flow paths (including cut­off drains, new inlet, and Road 1 drainage) to handle 1% AEP overland flows from fully developed catchment, including consideration of blockages.

·        Design needs to take into consideration capacity of receiving stormwater infrastructure.

·        Any upgrades required to increase the capacity of receiving stormwater infrastructure will be at developer cost.

All work required by this permit must be undertaken and maintained in accordance with the approved detailed 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. The plans must be in general accordance with the ADG Civil Engineering Report dated 17/03/23 and proposed further design.

ENG 2a

Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS 1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.

Advice:

The Council does not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3. Slopes greater than 1 in 4 will require a vehicular barrier or wheel stop.

Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the Code are also required in the parking module this area may be considered as a path of access to a building.

Reason for condition

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

ENG 2b

Vehicle barrier design 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 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.

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 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 3b

Access driveway and parking area design 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 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;

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

5.      show longitudinal sections and cross sectional details.

6.      show retaining wall details

7.      show the extent of earthworks including any batter slopes and treatments to ensure batters will be stable and properly drained.

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

Advice:

There is an existing planning permit for 78 Athleen Avenue (PLN­17­395) which has an approved Condition Endorsement submission (CEP­18­95) for the driveway civil works which is a shared driveway with 85 Athleen Avenue. The driveway civil works design for this permit must be consistent with the approved driveway civil works design for 78 Athleen Avenue.

Reason for condition

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

ENG 3c

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 3b.

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.

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

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 5

The number of car parking spaces approved to be used on the site is twenty three (23).

Reason for condition

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

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.

ENV 8

The development must be designed, constructed and undertaken in accordance with the following requirements, unless designed, constructed and undertaken in accordance with an alternative, approved Landslide Risk management Report prepared by a suitably qualified person and in accordance with the Australian Geomechanics Society Practice Note Guidelines for Landslide Risk Management (2007c):

1.      All earthworks must comply with AS3798 ­ Guidelines on earthworks for commercial and residential developments.

2.      Site specific soil assessment must be undertaken to determine appropriate foundation design for all structures in accordance with AS2870 ­ Residential slabs and footings.

3.      Construction on all lots must be based upon thorough investigation, reporting, and design by appropriately qualified persons.

4.      All stormwater on site must be immediately directed to council mains upon the construction of hard surfaces to minimise the potential for uncontrolled stormwater flows.

5.      All design and construction must be undertake in general accordance with the Australian Geomechanics Society Geoguides (2007), except if modified by condition of this permit, or where structures are founded in competent underlying weathered gravels rather than bedrock.

6.      All surface drainage upslope of site fill must be connected to a Council­ approved stormwater system or an approved stormwater management system to divert surface water away from any site fill.

7.      All seepage waters encountered during the construction of excavations must be collected and directed to the Council stormwater drainage system or an approved stormwater disposal system.

8.      Natural vegetation must be retained or replaced wherever practicable.

9.      Natural contours must be retained wherever practicable.

10.    All areas requiring fill must be prepared by stripping the vegetation and topsoil from the proposed fill area and by benching or keying the surface to receive the fill into the natural slope prior to filling.

11.    Only clean fill materials may be used and all fill material must be adequately compacted.

12.    Boulders exposed during excavation operations must be assessed by a suitably qualified person to determine slope stability risk and any boulders at risk of instability must be stabilised.

13.    All permanent cutting and/or filling must be constructed with batter slopes certified by an engineer or a drained retaining wall designed by an appropriately qualified person in accordance with the following:

For all permanent cutting or filling up to a height of 1m, cut and fill batters with a height no greater than 1m must be constructed with a batter slope certified by a suitably qualified engineer.

Where certified batter slopes are not possible, or where cutting and filling will exceed 1m in height, a drained retaining wall designed by a suitably qualified person must be constructed to retain the excavation or the fill materials as soon as possible after the cut/fill operation. Retaining wall drainage must be designed to include a graded floor to a trench constructed adjacent to the retaining wall footing. The trench must contain a slotted agricultural pipe wrapped in geotexile filter material and be surrounded by appropriate screened and sized filter materials such as coarse sand or crushed rock. The filter material must be continued from the base of the retaining structure to the top of the retaining structure. The outflow from the slotted pipe must be directed to the Council stormwater drainage system or an approved stormwater disposal system.

Prior to any permanent cutting of filling, prior to the or the construction of any retaining wall, and prior to the granting of any consent under the Building Act 2016, documents demonstrating compliance with these cut/fill requirements must be submitted to and approved by the Planning Authority.

Reason for condition

To reduce the risk to life and property, and the cost to the community, caused by landslides

ENV 15

All construction vehicles and machinery must be effectively cleaned of soil both before entering and before leaving the property.

Soil cleaned from construction vehicles and machinery must not be allowed, either directly or indirectly, to enter waterways or the Council’s stormwater system.

Note: further information on effective measures for washdown can be found here.

Reason for condition

To minimise the spread of weeds and pathogens.

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 any disturbance of the site 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.