City
of hobart
MINUTES
Planning Committee Meeting
Open Portion
Wednesday, 14 February 2024 at 5.16 pm
City
of hobart
MINUTES
Planning Committee Meeting
Open Portion
Wednesday, 14 February 2024 at 5.16 pm
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Minutes (Open Portion) Planning Committee Meeting |
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14/2/2024 |
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APOLOGIES AND LEAVE OF ABSENCE
2. Consideration of Supplementary Items
3. Indications of Pecuniary and Conflicts of Interest
5. Planning Authority Items - Consideration of Items with Deputations
6. Committee Acting as Planning Authority
6.1 Applications under the Hobart Interim Planning Scheme 2015
6.1.1 15 Marieville Esplanade, Sandy Bay - New Building (Food Service Use)
7.1 Delegated Decision Report (Planning)
7.2 Planning - Advertised Applications Report
9. Closed Portion of the Meeting
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Minutes (Open Portion) Planning Committee Meeting |
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14/02/2024 |
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Planning Committee Meeting (Open Portion) held on Wednesday, 14 February 2024 at 5.16 pm in the Council Chamber, Town Hall.
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COMMITTEE MEMBERS Councillor M Dutta (Chairperson) Lord Mayor Councillor A M Reynolds Deputy Lord Mayor Councillor H Burnet Alderman M Zucco Councillor W F Harvey Councillor Dr Z Sherlock Councillor J Kelly Councillor L Elliot Alderman L Bloomfield Councillor R Posselt Councillor B Lohberger Councillor W Coats
PRESENT: Councillor M Dutta (Chairperson),the Deputy Lord Mayor Councillor H Burnet, Alderman M Zucco, Councillors W F Harvey, J Kelly, Alderman L Bloomfield, Councillors R Posselt and B Lohberger.
APOLOGIES: The Lord Mayor Councillor A Reynolds, Councillors Z Sherlock and W Coats.
LEAVE OF ABSENCE: Nil.
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The Chairman provided an acknowledgement to country.
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BURNET
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The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 17 January 2024, be confirmed as an accurate record.
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MOTION CARRIED VOTING RECORD
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The minutes were signed.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
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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.
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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.
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.
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.
No deputations were received.
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
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6.1.1 15 Marieville Esplanade, Sandy Bay - New Building (Food Service Use) |
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POSSELT
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That the recommendation contained in the report of the Development Appraisal Planner and the Acting Senior Statutory Planner of 30 January 2024, be adopted as amended by the addition of the following advice clause:
“Advice: The container should be painted or otherwise externally treated in a manner to match the surrounds, e.g. painted white.
The site is to be rehabilitated when the container is removed.
The applicant is to provide a Waste Management Plan to the satisfaction of the Director City Life.”
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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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 new building (food service use) at 15 Marieville Esplanade Sandy Bay TAS 7005 for the reasons outlined in the officer’s report attached to item 6.1.1 of the Open Planning Committee agenda of 14 February 2024 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 PLN23620 15 MARIEVILLE ESPLANADE 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 2023/01503HCC dated 2 November 2023 as attached to the permit.
Reason for condition
To clarify the scope of the permit.
ENG sw1
The proposed sewer pump station must be installed and maintained in general accordance with planning permit documents prior to first occupation or commencement of use (whichever occurs first).
Advice:
Council modelling shows the site as potentially subject to floodwaters in a 1% AEP flood event as at 2100 (ie including climate change). Council notes the proposed alteration in the flood affected area and recommends this is taken into consideration in the final design and future use. Council notes the requirements under NCC for buildings to withstand flood forces and erosion.
Reason for condition
To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.
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 1
Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or revegetated.
Advice:
For guidance, please see the TEER & DEP (2023) Erosion and Sediment Control guideline documents available from the Derwent Estuary Program’s website.
Reason for condition
To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.
Advice: The container should be painted or otherwise externally treated in a manner to match the surrounds, e.g. painted white.
The site is to be rehabilitated when the container is removed.
The applicant is to provide a Waste Management Plan to the satisfaction of the Director City Life.
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.
PLANNING
It is recommended that the customer or their electrician contact TasNetworks on 1300 137 008 if they have any questions regarding any upgrades they may require to their electricity supply due to this development.
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.
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Delegation: Committee
7. Reports
Delegation: Committee
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HARVEY
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That the recommendation contained in the report of the Acting Director City Life of 7 February 2024, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the ‘Planning – Advertised Applications Report’ be received and noted.
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Delegation: Committee
Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
No questions were asked at the meeting.
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HARVEY
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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:
· Confirm the minutes of the Closed portion of the meeting · Questions without notice in the Closed portion
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 Questions Without Notice
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MOTION CARRIED VOTING RECORD
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Delegation: Committee
There being no further business the Open portion of the meeting closed at 5.45pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
28th DAY OF FEBRUARY 2024.
CHAIRMAN