Minutes (Open Portion)

Special Planning Committee Meeting

Page 0

10/7/2023

Minutes (Open Portion)

Special Planning Committee Meeting

Page 0

10/07/2023

2.1.1   71 Nelson Road, Sandy Bay and Adjacent Road Reserve - Partial Demolition, New Building for Educational and Occasional Care, Signage, Front Fencing, Landscaping and Associated Works

Posselt

That the recommendation contained in the report of the Development Appraisal Planner and Acting Manager Development Appraisal of 4 July 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 Planning approval is sought for Partial Demolition, New Building for Educational and Occasional Care, Signage, Front Fencing, Landscaping, and Associated Works, at 71 Nelson Road, Sandy Bay 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 PLN­23­122 ­ 71 NELSON ROAD SANDY BAY TAS 7005 ­ 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 2023/00644­HCC dated 02/06/2023 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG 12

A construction waste management plan must be implemented throughout construction.

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

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

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

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

Advice:

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

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

Reason for condition

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

ENG sw1

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 to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first).

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 9

Prior to occupancy or the commencement of the approved use (whichever occurs first), stormwater pre­treatment and detention 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, including final estimations of contaminant removal;

2.      include detailed design and supporting calculations of the detention tank showing:

1.      detention tank sizing such that there is no increase in flows from the developed site up to 5% AEP event and no worsening of flooding;

2.      the layout, the inlet and outlet (including long section), outlet size, overflow mechanism and invert level;

3.      the discharge rates and emptying times; and

4.      all assumptions must be clearly stated;

3.      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.

ENG 2b

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

1.      Atop of the retaining wall adjacent to Neilson Road shown in Section A of JMG ­ Drawing Number P05 ­ revision DA2 ­ Dated 03/05/2023 (received by the Council on 10th of May 2023)

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 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 3a

The access driveway and parking area must be constructed in accordance with the following documentation which forms part of this permit: JMG ­ Drawing Number P01, P02, P04 and P05 ­ revision DA2 ­ Dated 03/05/2023 (received by the Council on 10th of May 2023).

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

(a)       approved by the Director City Life, via a condition endorsement application; or

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

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

Reason for condition

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

ENG 3c

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

Advice:

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

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

An example certificate is available on our website.

Reason for condition

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

ENG 4

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 9

All car parking spaces for people with disabilities must be delineated to Australian/NZS Standard, Parking facilities Part 6: Off­street parking for people with disabilities AS/NZS 2890.6: 2009, prior to the commencement of the use.

Reason for condition

In the interests of vehicle user safety and the amenity of the development.

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 excavation and/or earth­retaining structures (i.e. retaining wall) 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 retaining wall supporting the Nelson Road 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 (insert road)

1.      highway reservation; and

The structure certificated and/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

Prior to the commencement of use, the proposed driveway crossover on the Nelson Road highway reservation must be designed and constructed in accordance with:

·        Commercial Urban­ TSD­R09­v3 – Urban Roads Driveways and TSD R16­v3 Type KCR and B1 or Type KCRB and B1;

·        Footpath ­ Urban Roads Footpaths TSD­R11­v3.

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 light poles, pits, awnings) at or near the proposed driveway crossover;

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

4.      If the design deviates from the requirements of the TSD, then demonstrate that a a B99 (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.

Reason for condition

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

ENV 8

All recommended risk mitigation measures in section the Landslide Risk Assessment by Geo­Environmental Solutions dated April 2023 must be implemented including:

·        Further site investigation must be undertaken to confirm bearing capacity for foundations of the proposed stormwater detention tank.

·        All cuttings >0.5m must be retained by suitably designed retaining walls.

·        All cuttings < 0.5m must have batter angles not exceeding 1V:2H.

·        Fill placed on site must not exceed 1m and must have a maximum slope of 1V:3H, or must be retained by suitably designed retaining walls.

·        Aggregate toe drains must be included into the design along the base of all cuttings.

·        A cut­off drain must be constructed above the development to intercept surface water and direct it to the stormwater system.

·        Capture and disposal of stormwater to reticulated systems must be done as soon as practicable after areas are sealed (e.g. roof and driveway).

·        Earthworks for the proposed development must be conducted during dry periods as far as is practicable to avoid water infiltration into the high plasticity clay rich soils.

·        All earthworks must comply with AS3798­2007.

·        Fill must not be used in the construction of a building platform for the proposed works.

·        All construction and earthworks must be in accordance with the good hillside construction practices as outlined in the Australian Geomechanics Society (AGS) Geoguide LR8.

Reason for condition

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

ENV 2

Sediment and erosion control measures sufficient to prevent sediment 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 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 Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.

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.

Part 5 r1

Part 5 agreement and/or legal agreement during construction and after for private structures supporting the highway reservation.

Part 5 1 The owner(s) of the property must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 with respect to the protection of the retaining wall adjacent to the Nelson Road highway reservation prior to the commencement of work.

The owner must not undertake any works at any time (including excavation and building) that will have any effect on the integrity of the Nelson Road highway reservation or any retaining structure adjacent to Nelson Road highway reservation or the road formation themselves or undermine the structural integrity of the highway reservation.

All costs for the preparation and registration of the Part 5 Agreement must be met by the owner.

The owner must comply with the Part 5 Agreement which will be placed on the property title.

Advice:

For further information with respect to the preparation of a Part 5 Agreement please contact Council Development Engineering Unit.

Reason for condition

To ensure the protection of Council are retained.

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 or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

You may require an cccupational license for structures in the Hobart City Council highway reservation, in accordance with conditions to be established by the Council. Click here for more information.

You may require a road closure permit for construction or special event. Click here for more information.

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

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

You may require a permit to construct public infrastructure, with a 12 month maintenance period and bond (please contact the Hobart City Council's City Life Division to initiate the permit process).

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.

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.

DIAL BEFORE YOU DIG

Click here for dial before you dig information.