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City of hobart

MINUTES

Planning Committee Meeting

 

Open Portion

 

Wednesday, 26 July 2023 at 5.02pm

 


 

Minutes (Open Portion)

Planning Committee Meeting

Page 1

 

26/7/2023

 

 

 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       46 Wignall Street, North Hobart - Partial Demolition and Alterations. 6

7.        Reports. 10

7.1     Planning - Advertised Applications Report 10

7.2     Delegated Decision Report (Planning) 11

8.        Questions without Notice. 11

9.        Closed Portion of the Meeting.. 11

 


 

Minutes (Open Portion)

Planning Committee Meeting

Page 1

 

26/07/2023

 

 

Planning Committee Meeting (Open Portion) held on Wednesday, 26 July 2023 at 5:02 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 Acting Lord Mayor Councillor H Burnet, Councillors W F Harvey, M Dutta, Z Sherlock, J Kelly, and R Posselt

 

 

 

APOLOGIES:

Alderman M Zucco

Councillor L Elliot

Alderman L Bloomfield

Councillor B Lohberger

 

LEAVE OF ABSENCE:

The Lord Mayor Councillor A M Reynolds

 

 

 

 

1.       Confirmation of Minutes

 

Dutta     

 

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 12 July 2023, be confirmed as an accurate record.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Acting Lord Mayor Burnet

 

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Posselt

 

 

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.

OR

 

 

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.

 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

 

Mr Mat Hinds – (Architect) and Anna Norris (Applicant), addressed the committee in relation to 6.1.1

 

6.1.1   46 Wignall Street, North Hobart - Partial Demolition and Alterations

            PLN-23-105 - File Ref: F23/77685

Harvey .

That the recommendation contained in the report of the Development Appraisal Planner and Senior Statutory Planner of 21 July 2023, be adopted amended by the removal of condition HER s1 and the inclusion of an advice clause that reads:

Advice

The applicant is advised that all works for the installation of the window must be reversible, in accordance with the stated intent of the applicant architect and to ensure compliance with the Historic Heritage Code in the planning scheme.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Acting Lord Mayor Burnet

 

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Posselt

 

 

 

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 Demolition and Alterations, at 46 Wignall Street, North Hobart for the reasons outlined in the officer’s report, marked as item 6.1.1 of the Open Planning Committee Agenda of 26 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 PLN­23­105 ­ 46 WIGNALL STREET NORTH HOBART TAS 7000 ­ 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, retaining wall 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.

 

 

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.

 

 

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.

 

 

NOISE REGULATIONS

 

Click here for information with respect to noise nuisances in residential areas.

 

 

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.

 

 

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.

 

Delegation: Committee

 

7.       Reports

 

7.1      Planning - Advertised Applications Report

            File Ref: F23/73730

Burnet   .

That the recommendation contained in the report of the Acting Director City Life of 17 July 2023, be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Acting Lord Mayor Burnet

 

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Posselt

 

 

COMMITTEE RESOLUTION:

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

 

Delegation: Committee

 

 

 

 

 

 

 

7.2      Delegated Decision Report (Planning)

            File Ref: F23/77502

Burnet  

That the recommendation contained in the report of the Acting Director City Life of 21 July 2023, be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Acting Lord Mayor Burnet

 

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Posselt

 

 

 

COMMITTEE RESOLUTION:

That the ‘Delegated Decisions Report’ be received and noted

Delegation: Committee

8.       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.

 

9.       Closed Portion of the Meeting

 

Dutta      .

 

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

 

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

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Behrakis

 

Acting Lord Mayor Burnet

 

Harvey

 

Dutta

 

Sherlock

 

Kelly

 

Posselt

 

 

 

 

There being no further business the Open portion of the meeting closed at 5.28pm.

 

 

 

 

 

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
9th DAY OF August 2023.

CHAIRMAN