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City of hobart

MINUTES

Planning Committee Meeting

 

Open Portion

 

Wednesday, 12 July 2023 at 5.00pm

 


 

Minutes (Open Portion)

Planning Committee Meeting

Page 1

 

12/7/2023

 

 

 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       2 Davies Avenue, Hobart - Covered Storage Area. 6

6.1.2       2/563 Sandy Bay Road, Sandy Bay and Common Land of Parent Title - Change of Use to Visitor Accommodation.. 8

7.        Reports. 9

7.1     Planning - Advertised Applications Report 9

8.        Responses to Questions without Notice. 10

9.        Questions without Notice. 11

10.     Closed Portion of the Meeting.. 11

 


 

Minutes (Open Portion)

Planning Committee Meeting

Page 1

 

12/07/2023

 

 

Planning Committee Meeting (Open Portion) held on Wednesday, 12 July 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,

Alderman M Zucco, Councillors M Dutta, J Kelly, R Posselt, and B Lohberger

 

 

APOLOGIES: Nil

 

LEAVE OF ABSENCE:

Councillor W F Harvey

Lord Mayor Reynolds

Councillor Dr Z E Sherlock

 

 

 

1.       Confirmation of Minutes

 

 

Burnet

 

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 28 June 2023 and the Special Planning Committee meeting held on Monday, 10 July 2023, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Deputy Lord Mayor Burnet

 

Zucco

 

Dutta

 

Kelly

 

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.

 

 

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

 

Zucco

 

Dutta

 

Kelly

 

Posselt

 

Lohberger

 

 

 

 

 

Due to technical difficulties, item 6.1.1 was then taken.

 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.

 

6.1     Applications under the Hobart Interim Planning Scheme 2015

 

6.1.1   2 Davies Avenue, Hobart - Covered Storage Area

            PLN-23-302 - File Ref: F23/71303

Dutta     

That the recommendation contained in the report of the Development Appraisal Planner and Acting Manager Development Appraisal of 7 July 2023, be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Deputy Lord Mayor Burnet

 

Zucco

 

Dutta

 

Kelly

 

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, approves the application for a covered storage area at 2 Davies Avenue, Hobart, for the reasons outlined in the officer’s report, marked at 6.1.1 of the Open Planning Committee Agenda of 12 July 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 PLN­23­302 ­ 2 DAVIES AVENUE HOBART TAS 7000 ­ Final Planning Documents.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

 

 

 

ADVICE

 

 

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by­laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

 

 

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

 

 

BUILDING PERMIT

 

 

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

 

 

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

 

 

STORMWATER

 

 

Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information.

 

FEES AND CHARGES

 

 

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

 

Delegation: Committee

 

 

Item 7.1 was then taken

 

 

 

 

 

 

 

 

 

Ms Maryrose Fisher (Representors) and Robert Manning (Applicant), addressed the committee in relation to item 6.1.2.

 

6.1.2   2/563 Sandy Bay Road, Sandy Bay and Common Land of Parent Title - Change of Use to Visitor Accommodation

            PLN-23-295 - File Ref: F23/72419

Burnet    

That the recommendation contained in the report of the Development Appraisal Planner and Acting Manager Development Appraisal of 7 July 2023, be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Deputy Lord Mayor Burnet

 

Zucco

 

Dutta

 

Kelly

 

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 Change of Use to Visitor Accommodation, at 2/563 Sandy Bay Road, Sandy Bay for the following reasons:

1.      The proposal does not meet the acceptable solution or the performance criterion with respect to Planning Directive 6 ­ Exemption and Standards for Visitor Accommodation in Planning Schemes ­ 3.1 (e) P1 because the proposal results in a gross floor area in excess of 200sqm for the parent lot, and would cause an unreasonable loss of residential amenity having regard to the impact on the owners and users of the shared access and rights of way.

2.      The proposal does not meet the acceptable solution or the performance criterion with respect to Planning Directive 6 ­ Exemption and Standards for Visitor Accommodation in Planning Schemes ­ 3.1 (e) P2 because the proposal is for visitor accommodation for a lot that is part of a strata scheme where another lot within that strata scheme is used for a residential use, and the proposal would cause an unreasonable loss of amenity to the long term residents occupying the one remaining residential lot within the strata scheme, having regard to the residential function of the strata scheme, the extent and nature of the other non­ residential uses in the strata scheme, the layout and location of the lots in the strata scheme, the privacy of residents in the strata scheme, the likely increase in noise for the residents in the strata scheme, and the impact on shared access.

Delegation: Committee

 

Item 9 was then taken.

7.       Reports

 

7.1      Planning - Advertised Applications Report

            File Ref: F23/67729

Burnet   .

That the recommendation contained in the report of the Acting Director City Life of 7 July 2023, be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Deputy Lord Mayor Burnet

 

Zucco

 

Dutta

 

Kelly

 

Posselt

 

Lohberger

 

 

 

COMMITTEE RESOLUTION:

That the Planning – Advertised Applications Report’ be received and noted.

 

 

Delegation: Committee

 

8.     Responses to Questions without Notice

Regulation 29(3) Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10

 

The Chief Executive Officer reports:-

 

“In accordance with the procedures approved in respect to Questions Without Notice, the following responses to questions taken on notice are provided to the Committee for information.

 

The Committee is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairman is not to allow discussion or debate on either the question or the response.”

 

8.1    48-50 New Town Road - Environmental Hazards

          File Ref: F23/59556; 13-1-10

Report of the Acting Director City Life of 12 July 2023.

8.2    Development Applications - Housing

          File Ref: F23/34077; 13-1-10

Report of the Acting Director City Life of 12 July 2023.

8.3    Status of the Archaeological Site Reports at Macquarie Point

          File Ref: F23/61879; 22/86

Report of the Acting Director City Life of 12 July 2023.

 

 

Posselt          .

That the information be received and noted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Deputy Lord Mayor Burnet

 

Zucco

 

Dutta

 

Kelly

 

Posselt

 

Lohberger

 

 

Delegation: Committee

 

Item 6.1.2 was then taken

 

9.       Questions without Notice

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

File Ref: 13-1-10

 

No questions were asked at the meeting.

 

10.     Closed Portion of the Meeting

 

Burnet  

 

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 meeting

·         Responses to closed questions without notice

 

 

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. 4          Planning Authority Items – Consideration of Items with Deputations

Item No. 5          Responses to Questions Without Notice

Item No. 5.1       Rates Equivalency

LG(MP)R 15(2)(c)(iii)

Item No. 5.2       Montpelier Retreat Car Park

LG(MP)R 15(2)(b)

Item No. 6          Questions Without Notice

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Deputy Lord Mayor Burnet

 

Zucco

 

Dutta

 

Kelly

 

Posselt

 

Lohberger

 

 

 

 

 

The meeting was adjourned at 5.08pm to resolve technical issues with Zoom attendance.

 

The meeting reconvened at 5.15pm.

 

Item 6.1.2 was then taken.

 

There being no further business the Open portion of the meeting closed at 5.56pm.

 

 

 

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
26th DAY OF july 2023.

CHAIRMAN