Agenda of Planning Committee Meeting - Wednesday, 18 January 2023

Agenda (Open Portion)

Planning Committee Meeting

Page 5

18/1/2023

Planning Committee Meeting (Open Portion) held Wednesday, 18 January 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

Apologies:

Leave of Absence:

Deputy Lord Mayor Burnet.

1. Confirmation of Minutes

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 14 December 2022, are submitted for confirming as an accurate record.

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.

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 conflict 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.

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?

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.

Item No. 5.1.1

Agenda (Open Portion)

Planning Committee Meeting

Page 7

18/1/2023

5.1 Applications under the Hobart Interim Planning Scheme 2015

5.1.1 17 Beach Road, Sandy Bay - Lighting

PLN-22-662 - FILE REF: F23/2916

Address: 17 Beach Road, Sandy Bay

Proposal: Lighting

Expiry Date: 25 January 2023

Extension of Time:

Author: Mark O’Brien

REcommendation

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 Lighting at 17 Beach Road, Sandy Bay, 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 PLN22662 17 BEACH ROAD SANDY BAY TAS 7005 Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 14

The noise generated by the use must not cause environmental harm when measured at the boundary of the residential zone.

Reason for the condition

To ensure noise emissions do not cause environmental harm and do not have an unreasonable impact on residential amenity.

PLN 17

The flood lighting must operate in accordance with Australian Standard AS 4282 Control of the obtrusive effects of outdoor lighting.

Reason for condition

To ensure that the nonresidential use does not unreasonably impact residential amenity.

PLN 6

The use of the site must occur inside the following hours:

Mondays to Fridays 7am 10pm

Saturdays 8am to 10pm

Sundays and Public Holidays 10am to 10pm

Floodlighting must switch off via automatic timer no later than 9pm each evening.

Reason for condition

To ensure that nonresidential use does not unreasonably impact on residential amenity

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 further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

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.

OPS 5

The development must be carried out in accordance with the relevant recommendations in Table 1 and Section 5 of the arborist’s report by Tree Inclined dated 5 August 2021 including:

1. low impact excavation methods (lowpressure hydro vacuuming, boring or hand excavation) must be employed for works encroaching into tree protection zones, under the supervision and direction of a project arborist, unless deemed unnecessary by the project arborist to ensure the tree’s health and stability;

2. tree protection zone exclusion zones must be determined and established prior to the commencement of works in accordance with the advice and direction of the project arborist; and

3. excavated spoil may only be placed in locations approved by the project arborist.

Reason for condition

To minimise the impact of development on trees

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.

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.

Attachment a: PLN-22-662 - 17 BEACH ROAD SANDY BAY TAS 7005 - Planning Committee or Delegated Report ⇩

Attachment b: PLN-22-662 - 17 BEACH ROAD SANDY BAY TAS 7005 - Attachment B - Planning Committee Agenda Documents(2) ⇩

Attachment c: PLN-22-662 - 17 BEACH ROAD SANDY BAY TAS 7005 - Attachment C - Applicant Response to Representations ⇩

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