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City of hobart

MINUTES

Planning Committee Meeting

 

Open Portion

 

Wednesday, 11 October 2023 at 5.00pm

 


 

Minutes (Open Portion)

Planning Committee Meeting

Page 1

 

11/10/2023

 

 

 ORDER OF BUSINESS

 

APOLOGIES AND LEAVE OF ABSENCE

1.        Confirmation of Minutes. 3

2.        Consideration of Supplementary Items. 4

3.        Indications of Pecuniary and Conflicts of Interest. 4

4.        Transfer of Agenda Items. 4

5.        Planning Authority Items - Consideration of Items with Deputations. 4

6.        Committee Acting as Planning Authority. 5

6.1     Applications under the Hobart Interim Planning Scheme 2015  6

6.1.1       250 Macquarie Street, Hobart - Partial Demolition, Alterations, Extension, Front Fencing, and Alterations to Carparking. 6

7.        Reports. 8

7.1     Planning - Advertised Applications Report 8

7.2     Delegated Decision Report (Planning) 9

8.        Questions without Notice. 10

9.        Closed Portion of the Meeting.. 11

 


 

Minutes (Open Portion)

Planning Committee Meeting

Page 1

 

11/10/2023

 

 

Planning Committee Meeting (Open Portion) held on Wednesday, 11 October 2023 at 5:00 pm in the Council Chamber, Town Hall.

 

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

 

PRESENT:

Alderman S Behrakis (Chairman)

the Deputy Lord Mayor Councillor H Burnet, Councillors W F Harvey, M Dutta, J Kelly, Alderman L Bloomfield, Councillors R Posselt and B Lohberger

 

APOLOGIES:

Lord Mayor Councillor A M Reynolds

Councillor Dr Z Sherlock

 

 

LEAVE OF ABSENCE: Nil

 

 

 

1.       Confirmation of Minutes

 

The minutes of the Open Portion of the Planning Committee meetings held on Wednesday, 6 September 2023 and the abandoned meeting held on  Wednesday, 20 September 2023, be confirmed as an accurate record.

 

 

Dutta                                                        That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

 

The minutes were signed.

 

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.

 

No supplementary items were received.

 

 

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 conflicts 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.

 

No interest was indicated.

OR

 

 

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?

 

No items were transferred.

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.

 

 

Burnet                                         That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

 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.

 

 

Mr Chris Love (Applicant) addressed the Committee in relation to item 6.1.1

6.1     Applications under the Hobart Interim Planning Scheme 2015

 

6.1.1   250 Macquarie Street, Hobart - Partial Demolition, Alterations, Extension, Front Fencing, and Alterations to Carparking

            pln-22-862 - File Ref: F23/106605

Harvey  

That the recommendation contained in the report of the Development Appraisal Planner and the Acting Senior Statutory Planner of 6 October 2023, be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

Kelly

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

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, Alterations, Extension, Front Fencing, and Alterations to Carparking, at 250 Macquarie Street, Hobart for the following reasons:

 

 

1.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.7.2 of the Hobart Interim Planning Scheme 2015 because the proposed access design is not safe, efficient, or convenient having regard to: avoidance of conflicts between users including vehicles, cyclists and pedestrians; avoidance of unreasonable interference with the flow of traffic on adjoining roads; suitability for the type and volume of traffic likely to be generated by the use or development; and ease of accessibility and recognition for users.

 

 

2.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.7.3 of the Hobart Interim Planning Scheme 2015 because the proposal does not include any passing bays so that the access is not safe, efficient or convenient, having regard to: avoidance of conflicts between users including vehicles, cyclists and pedestrians; avoidance of unreasonable interference with the flow of traffic on adjoining roads; suitability for the type and volume of traffic likely to be generated by the use or development; and ease of accessibility and recognition for users.

 

 

3.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.7.5 of the Hobart Interim Planning Scheme 2015 because the proposed parking layout is not safe and does not ensure ease of access, egress and manoeuvring on­site.

 

 

4.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.7.6 of the Hobart Interim Planning Scheme 2015 because the proposal includes a surface treatment which is not suitable for the location and does not include satisfactory dust and sediment mitigation, and will therefore unreasonably detract from the amenity of users, adjoining occupiers, and the quality of the environment.

 

Delegation: Committee

 


 

7.       Reports

 

7.1      Planning - Advertised Applications Report

            File Ref: F23/105412

Harvey

That the recommendation contained in the report of the Acting Director City Life of 6 October 2023, be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

COMMITTEE RESOLUTION:

That the information contained in the ‘Planning – Advertised Applications Report’ be received and noted.

 

Delegation: Committee

 


 

 

7.2      Delegated Decision Report (Planning)

            File Ref: F23/105423; 22/86

Burnet.

That the recommendation contained in the report of the Acting Director City Life of 6 October 2023, be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

COMMITTEE RESOLUTION:

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

 

Delegation: Committee

 


 

8.       Questions without Notice

Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

 

 

8.1      Deputy Lord Mayor Councillor Burnet -  Conjoined Dwelling Legislation

Question:

Can the Director advise what legislation protects owners of conjoined dwellings when there is dilapidation of one property impacting on the rigour of the non-neglected, conjoining dwelling?

 

Is that legislation robust and if not, what would improve it?

 

Answer:

The Director took the question on notice.

 

 

 

8.2      Deputy Lord Mayor Councillor Burnet - Development Application Breaches

Question:

Can the Director advise if when someone has breached a development approval previously and has been successfully prosecuted, is there any consideration of those previous breaches when a Development Application is lodged by that applicant?

 

Answer:

The Director took the question on notice.

 

 

 

8.3      Alderman Bloomfield – Fees - Retrospective Development Applications

Question:

There appears to be a culture of build it and worry about the DA later – can the Director advise if it is possible to apply an administration fee for processing a retrospective DA in addition to what is applied?

 

Could the administrative fee be of a significant size to start to pull back the culture of retrospective DA.  Ie: a % of the value of the application in question?

 

Can there be flexibility with the application of the fee – i.e. repeat offenders, builders and those experienced with the process be charged an additional fee for seeking retrospective approval?

 

Answer:

The Director took the question on notice.

 

 

9.       Closed Portion of the Meeting

 

 

Dutta 

 

That the Committee resolve by majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:  

 

·         Minutes of the Closed Meetings

 

The following items were discussed:-

 

Item No. 1          Minutes of the last meeting of the Closed Portion of the Committee Meeting

Item No. 2          Consideration of supplementary items to the agenda

Item No. 3          Indications of pecuniary and conflicts of interest

Item No. 5          Questions Without Notice

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Deputy Lord Mayor Burnet

 

Harvey

 

Dutta

 

Kelly

 

Bloomfield

 

Posselt

 

Lohberger

 

 

 

There being no further business the Open portion of the meeting closed at 5.59pm.

 

 

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
25 DAY OF October 2023.

CHAIRMAN