City
of hobart
MINUTES
Planning Committee Meeting
Open Portion
Wednesday, 15 February 2023 at 5:02pm
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Minutes (Open Portion) Planning Committee Meeting |
Page 2 |
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15/2/2023 |
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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
6.1.2 487 AND 489 Sandy Bay Road, Sandy Bay - Subdivision (Boundary Adjustment)
7.1 Planning - Advertised Applications Report
7.2 Delegated Decision Report (Planning)
9. Closed Portion of the Meeting
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Minutes (Open Portion) Planning Committee Meeting |
Page 17 |
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15/02/2023 |
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Planning Committee Meeting (Open Portion) held on Wednesday, 15 February 2023 at 5:00 pm in the Council Chamber, Town Hall.
This meeting of the Planning Committee is held in accordance with a Notice issued by the Premier on 31 March 2022 under section 18 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020.
The title Chief Executive Officer is a term of reference for the General Manager as appointed by Council pursuant s.61 of the Local Government Act 1993 (Tas).
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 W F Harvey, M Dutta, L Elliot, Alderman L Bloomfield, Councillors R Posselt and B Lohberger
APOLOGIES: The Lord Mayor Councillor A M Reynolds, Councillors Dr Z Sherlock and J Kelly.
LEAVE OF ABSENCE: Nil.
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Alderman Zucco left the meeting at 5.04pm, returning at 5.07pm, left the meeting at 5.09pm, returning at 5.10pm, left the meeting at 5.12pm, returning at 5.49pm and retired from the meeting at 5.53pm and was not present for items 6.1.1, 6.1.2 and 7 to 9 inclusive. |
DUTTA
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The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 1 February 2023, 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.
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.
DEPUTY LORD MAYOR BURNET
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.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Behrakis |
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Deputy Lord Mayor Burnet |
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Zucco |
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Harvey |
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Dutta |
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Elliot |
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Bloomfield |
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Posselt |
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Lohberger |
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Item 6.1.3 was then taken.
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 4-10 St Johns Avenue, New Town - Partial Demolition, Alterations, Fencing and Two New Netball Courts |
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HARVEY |
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That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 9 February 2023, be adopted. |
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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 Partial Demolition, Alterations, Fencing and Two New Netball Courts at 410 St Johns Avenue, New Town 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 comprisePLN21809 410 ST JOHNS AVENUE NEW TOWN TAS 7008 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
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 7
Prior to occupancy or the commencement of the use (whichever occurs first), any alterations to the existing connections required by the final design must be constructed and existing redundant connection(s) be abandoned and sealed at the owner’s expense.
Prior to the issuing of any approval under the Building Act 2016 or commencement of works (whichever occurs first), detailed engineering drawings must be submitted and approved. The detailed engineering drawings must include:
1. the location of the proposed connections and all existing connections; 2. the size and design of the connection such that it is appropriate to safely service the development; 3. clearances from any nearby obstacles (eg services, crossovers, trees, poles, walls) 4. longsections of the proposed connection clearly showing cover, size, grade, material and delineation of public and private infrastructure; 5. connections which are freeflowing gravity driven. 6. be in general accordance with Council's departures from the LGAT Tasmanian Standard Drawings, available from our website
All work required by this condition must be undertaken in accordance with the approved detailed engineering drawings.
Advice:
Upgraded or new connections can be approved either via the CEP process or via the Application for New Connection form available from here. The approved stormwater connection documents must be included in your plumbing permit application document set and listed in accompanying forms.
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 final 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. Council notes runoff from the site enters the New Town Rivulet, and all cleaning chemicals etc used on the courts must be chosen accordingly.
Council accepts the proposed detention and treatment designs in principle, however notes it may be more efficient if equivalent treatment / detention were installed elsewhere on the site.
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
Sediment and erosion control measures, 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.
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.
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.
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
Delegation: Committee
Item 7 was then taken.
Mr Dean Coleman – Solutionswon (Project Manager) Peter Walker (Architect), and Grant Atherton (Civil Engineer) addressed the Committee in relation to item 6.1.3.
6.1.3 175 Campbell Street, Hobart - Partial Demolition, Alterations, New Building for 31 Multiple Dwellings, Food Services, Business and Professional Services, General Retail and Hire, Subdivision (Lot Consolidation) and Associated Works in the Road Reserve including Tree Removal |
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DEPUTY LORD MAYOR BURNET
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That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 10 February 2023, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for Partial Demolition, Alterations, New Building for 31 Multiple Dwellings, Food Services, Business and Professional Services, General Retail and Hire, Subdivision (Lot Consolidation), and Associated Works in the Road Reserve including Tree Removal, at 169173, 175, 177, and 179 Campbell Street, and the Adjacent Road Reservation for the following reasons:
1 The proposal does not meet the acceptable solution or the performance criterion with respect to clause 15.4.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the proposed building height is not compatible with the scale of nearby buildings, and fails to provide stepping between itself and adjoining buildings.
2 The proposal does not meet the acceptable solution and there is no performance criterion with respect to clause E7.7.1 A4 and P4 of the Hobart Interim Planning Scheme 2015 because it includes a major stormwater drainage system that has not been designed to accommodate a storm with an ARI of 100 years.
3 The proposal does not meet the acceptable solution or the performance criterion with respect to clause E15.7.4 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the car park floor level is not 300mm above the 1% AEP flood extent, and its proposed floor level does not satisfy: (a) that risk to users of the site, adjoining or nearby land is acceptable; (b) that risk to adjoining or nearby property or public infrastructure is acceptable; (c) that risk to buildings and other works arising from riverine flooding is adequately mitigated through siting, structural or design methods; and (d) that the need for future remediation works is minimised.
4 The proposal does not meet the acceptable solution or the performance criterion with respect to clause E15.7.5 A1 and P1 of the Hobart Interim Planning Scheme 2015 because it includes a new wall that is greater than 5m in length and it will not satisfy the following: (a) that there is no adverse affect on flood flow over other property through displacement of overland flows; and (b) that the rate of stormwater discharge from the property will not increase.
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Delegation: Committee
Item 6.1.1 was then taken.
7 Reports
HARVEY. |
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That the information be received and noted.
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MOTION CARRIED
VOTING RECORD
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Delegation: Committee
DUTTA. |
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That the information be received and noted.
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MOTION CARRIED VOTING RECORD
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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.
DUTTA |
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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:
· Legal action involving the Council
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 Reports Item No. 4.1 PLN-20-858 - 792 Sandy Bay Road, Sandy Bay - Alterations and Garage – Appeal LG(MP)R 15(4)(a) Item No. 5 Responses to Questions Without Notice Item No. 5.1 Cable Car Development Application - Appeal Costs LG(MP)R 15(4)(a) Item No. 6 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 17.58pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
1st DAY OF March 2023.
CHAIRMAN