Minutes (Open Portion)

Planning Committee Meeting

Page 2

14/12/2022

Minutes (Open Portion)

Planning Committee Meeting

Page 21

14/12/2022

DEPUTY LORD MAYOR BURNET

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 30 November 2022, be confirmed as an accurate record.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

Deputy Lord Mayor Burnet

Zucco

Harvey

Dutta

Sherlock

Kelly

Elliot

Lohberger

5.1.1   175 Campbell Street, 177 Campbell Street, 179 Campbell Street, 169-173 Campbell Street Hobart and Adjacent Road Reserve - Partial Demolition, Alterations, New Building for 31 Multiple Dwellings, Food Services, Business and Professional Services, General Retail and Hire and Subdivision (Lot Consolidation) and Associated Works in the Road Reserve including Tree Removal

PROCEDURAL MOTION

LOHBERGER

That the item be deferred to allow further consultation with the applicant.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the item be deferred to allow further consultation with the applicant.

5.1.2   792 Sandy Bay Road, Sandy Bay - Alterations and Garage

DUTTA

That pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee refuse the application for alterations and garage at 792 Sandy Bay Road Sandy Bay TAS 7005 as the proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.7.2 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the design of the vehicle access point is not safe, efficient or convenient.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Planning Committee refuse the application for alterations and garage at 792 Sandy Bay Road Sandy Bay TAS 7005 as the proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.7.2 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the design of the vehicle access point is not safe, efficient or convenient.

5.1.3   61-63 Hampden Road, Battery Point - Partial Change of Use to Visitor Accommodation

HARVEY

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 1 December 2022, 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 partial change of use to visitor accommodation at 61­63 Hampden Road, Battery Point 7004, 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 PLN­22­615 ­ 61­63 HAMPDEN ROAD BATTERY POINT TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 18

Prior to the commencement of the approved use, a management plan for the operation of the visitor accommodation must be submitted and approved as a Condition Endorsement, to the satisfaction of the Council's Director City Life. The management plan must include measures to limit, manage, and mitigate unreasonable impacts upon the amenity of long term residents. These measures must include, but are not limited to, the following requirements:

1.      To limit, manage, and mitigate noise generated as a result of the visitor accommodation.

2.      To limit, manage, and mitigate behaviour issues caused as a result of the visitor accommodation.

3.      To maintain the security of the building where the visitor accommodation would be located, including managing and/or limiting access to shared areas and facilities.

4.      To specify the maximum permitted occupancy of the visitor accommodation.

5.      Additionally, at the booking stage, guests must be advised that no on­ site car parking will be provided. Guests should be discouraged from using a vehicle while staying on the site and encouraged to use alternative modes of transport, such as walking and cycling. The parking of any additional vehicles in nearby streets should also be discouraged.

6.      To provide a name and contact phone number of a person who will respond to any complaints regarding behaviour of guests. If the property is sold the Visitor Accommodation Management Plan (VAMP) must be updated with new contact details.

Once approved, the management plan must be implemented prior to the commencement of the approved use and must be maintained for as long as the visitor accommodation is in operation. The VAMP must be provided to adjacent property owners and occupiers within 14 days of being approved. If the property is sold, the updated VAMP (in accordance with 6. above) must be provided to adjacent property owners and occupiers within 10 business days of settlement.

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 visitor accommodation does not cause an unreasonable loss of residential amenity.

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).

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.

VISITOR ACCOMMODATION

More information on visitor accommodation, including when building approval is required, can be found here.

In all cases, check with your insurance company that you have adequate cover. If you are providing food for consumption on the property, you may require a food business registration in accordance with the Food Act 2003. Click here for more information, or call our Environmental Health team on 6238 2711.

Visitor accommodation is also considered to be a commercial use and also not eligible to residential parking permits. Under the current policy for the issuing of residential parking permits, the proposed change of use to visitor accommodation would not entitle the property to a residential parking permit, or a transferable “bed and breakfast” parking permit.

5.1.4   35 Feltham Street, North Hobart - Change of Use to Visitor Accommodation

DEPUTY LORD MAYOR BURNET

That the item be withdrawn from the agenda.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the item be withdrawn from the agenda.

5.1.5   15 Marieville Esplanade, Sandy Bay and Adjacent Area of River Derwent - Partial Demolition, Alterations and Additional Floating Pontoons

HARVEY

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 5 December 2022, 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 a partial demolition, alterations and additional floating pontoons at 15 Marieville Esplanade and adjacent River Derwent, Sandy Bay TAS 7005 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 PLN­22­674 ­ 15 MARIEVILLE ESPLANADE AND ADJACENT RIVER DERWENT ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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 2

An approved Demolition and Construction Environmental Management Plan (DCEMP) must be implemented.

Prior to the commencement of works, a Demolition and Construction Environmental Management Plan must be submitted and approved.

The Demolition and Construction Environmental Management Plan must:

·        be prepared by a suitably qualified person;

·        detail the proposed demolition and construction methodology (particularly where works may have environmental impacts);

·        identify all potential environmental impacts associated with the works including (as relevant) noise, odours, air pollution, water pollution, land contamination, erosion, land instability, changes to hydrology, habitat degradation and impacts upon flora and fauna;

·        include measures to avoid or mitigate all identified environmental risks; and

·        reflect the recommendations of the Environmental Impact Assessment by Marine Solutions Tasmania P/L dated June 2022 including:

1.      implementation of a 300m exclusion zone for marine mammals;

2.     a slow start­up for piling works;

3.     installation of silt screens around works areas;

4.     timing sediment­generating activities to periods of calm conditions;

5.     timing of construction activities to minimise potential impacts to spotted handfish.

The DCEMP must clarify timing restrictions with regard to potential impacts to spotted handfish based on the advice of a suitably qualified person.

Advice:

The recommended spotted handfish key mitigation in section 8.5 of the submitted Environmental Impact Assessment is unclear and is contradictory to the recommendations in sections 4.1.4 and Table 1.

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 minimise the environmental impact of demolition and construction works.

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.

A fee of 2% of the value of the works for new public assets (stormwater infrastructure, roads and related assets) will apply for the condition endorsement application.

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.

COUNCIL RESERVES

This permit does not authorise any works outside of the land leased by the Royal Yacht Club of Tasmania. Any act that causes, or is likely to cause, damage to Council’s land may be in breach of Council’s Public Spaces By­law and penalties may apply. Further information is available at: https://www.hobartcity.com.au/Community/Parks­reserves­ and­sporting­facilities/Carrying­out­activities­or­works­in­a­park­or­reserve

WASTE DISPOSAL

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 regarding waste disposal can also be found on the Council’s website.

5.1.6   45 Elizabeth Street, Hobart - Partial Demolition, Alterations, Extension and Change of Use to General Retail and Hire and Five Multiple Dwellings - Application No. ETA -22-212

DUTTA

That the recommendation contained in the memorandum of the Senior Statutory Planner and the Manager Development Appraisal of 8 December 2022, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:

1.      The Planning Committee, in accordance with the delegations contained in its terms of reference, approves to grant the extension of time in which to substantially commence planning permit PLN­20­524.

6.1      Significant Tree Nominations - Hobart Interim Planning Scheme Amendment PSA-22-4

LORD MAYOR REYNOLDS

That the recommendation contained in the report of the Development Planner and the Director City Life of 5 December 2022, be adopted, as amended by the addition of the following sub clauses (i) and (ii) to part 1 and a new clause 5 to read as follows:

“(i) with the deletion of one of the Bhutan cypresses, being the one that significantly overhangs 3 Weld Street South Hobart, from the list in Attachment A; and

 (ii) the addition to the amendments schedule of trees marked as reference 37, and the two Eucalyptus morrisbyi trees within the nomination as marked as reference 20 in Attachment C at 2 Churchill Avenue Sandy Bay

5.      A report be provided to Council on the status of the urban canopy on public and private land, to assist with informing whether the Council has the right approach to tree protection.”

AMENDMENT

ZUCCO

That the following two amendments be voted on separately:

1.    That the listing of 7 London plane trees in Federal Street North Hobart be deferred until implications from the North Hobart Structure Plan have been considered.

2.    The English walnut tree at 6 Cromwell Street be withdrawn from the amendments schedule.

AMENDMENT LOST

(Part 1)

VOTING RECORD

AMENDMENT LOST

(Part 2)

VOTING RECORD

AMENDMENT

ELLIOT

That where owners have objected to the listing of trees on their properties these listings be withdrawn.

AMENDMENT LOST

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That:

1.         Pursuant to Section 34(1) (b) of the former provisions of the Land Use Planning and Approvals Act 1993, Council resolve to initiate amendment PSA-22-4 to E24.0 Significant Trees Code of the Hobart Interim Planning Scheme 2015 to insert 64 additional listings into Table E24.1 Significant Tree List as indicated in Attachment A:

(i) with the deletion of one of the Bhutan cypresses, being the one that significantly overhangs 3 Weld Street South Hobart, from the list in Attachment A; and

(ii) the addition to the amendments schedule of trees marked as reference 37, and the two Eucalyptus morrisbyi trees within the nomination as marked as reference 20 in Attachment C at 2 Churchill Avenue Sandy Bay.

2.         Pursuant to Section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council certify that amendment PSA-22-4 to the Hobart Interim Planning Scheme 2015 meets the requirements of Section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the Chief Executive Officer and Director City Life to sign the Instrument of Certification (Attachment B).

3.         Pursuant to Section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place amendment PSA-22-4 to the Hobart Interim Planning Scheme 2015 on exhibition for a 28 day period.

4.         Council resolve that in future, nominations for significant trees be invited through a public process every five years rather than every three years.

5.         A report be provided to Council on the status of the urban canopy on public and private land, to assist with informing whether the Council has the right approach to tree protection.

6.2      City Planning - Advertising Report

HARVEY

That the recommendation contained in the memorandum of the Director City Life of 30 November 2022, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

That the information contained in the memorandum titled Planning – Advertising Report be received and noted.

6.3      Delegated Decision Report (Planning)

DEPUTY LORD MAYOR BURNET

That the recommendation contained in the memorandum of the Director City Life of 7 December 2022, be adopted.

MOTION CARRIED

VOTING RECORD

COMMITTEE RESOLUTION:

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