NOTICE OF MEETING Notice is hereby given that a Planning Authority Committee meeting of the Devonport City Council will be held in the Council Chambers, on Monday 8 May 2017, commencing at 5:15pm. The meeting will be open to the public at 5:15pm. QUALIFIED PERSONS In accordance with Section 65 of the Local Government Act 1993, I confirm that the reports in this agenda contain advice, information and recommendations given by a person who has the qualifications or experience necessary to give such advice, information or recommendation.
Paul West GENERAL MANAGER 3 May 2017
AGENDA FOR A MEETING OF THE PLANNING AUTHORITY COMMITTEE OF DEVONPORT CITY COUNCIL HELD ON MONDAY 8 MAY 2017 AT THE COUNCIL CHAMBERS AT 5:15PM Item
Page No.
1.0
APOLOGIES ............................................................................................... 1
2.0
DECLARATIONS OF INTEREST ........................................................................ 1
3.0
DELEGATED APPROVALS ............................................................................. 2
3.1
Planning Applications approved under Delegated Authority 13 March 2017-28 April 2017 (D470496) ........................................................................................................................ 2
4.0
DEVELOPMENT REPORTS .............................................................................. 4
4.1
PA2017.0040 Residential (Outbuilding) - Assessment against Performance Criteria for Setbacks and Building Envelope - 17 Leary Avenue Stony Rise (D470476) ..................... 4
4.2
PA2017.0038 Community Meeting and Entertainment (Church and Car Park Extension) - Assessment against the Use Standards - 20-22 Nicholls Street Devonport (D471044) .................................................................................................................... 19
5.0
CLOSURE ................................................................................................ 27
PAGE 1 Planning Authority Committee meeting Agenda 8 May 2017
Agenda of a meeting of the Devonport City Council’s Planning Authority Committee to be held at the Council Chambers, 17 Fenton Way, Devonport on Monday 8, May 2017 commencing at 5:15pm. PRESENT Present Chairman
Apology
Ald S L Martin (Mayor) Ald C D Emmerton Ald G F Goodwin Ald J F Matthews Ald L M Perry
IN ATTENDANCE All persons in attendance are advised that it is Council policy to record Council Meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a minimum period of six months. Members of the public in attendance at the meeting who do not wish for their words to be recorded and/or published on the website, should contact a relevant Council Officer and advise of their wishes prior to the start of the meeting.
1.0 APOLOGIES 2.0 DECLARATIONS OF INTEREST
PAGE 2 Report to Planning Authority Committee meeting on 8 May 2017
3.0
DELEGATED APPROVALS
3.1
PLANNING APPLICATIONS APPROVED AUTHORITY 13 MARCH 2017-28 APRIL 2017
UNDER
DELEGATED
ATTACHMENTS 1.
Delegated Planning Approvals - 13 March 2017-28 April 2017
RECOMMENDATION That the list of delegated approvals be received.
Author: Position:
Jennifer Broomhall Planning Administration Officer
Endorsed By: Position:
ITEM 3.1
Brian May Development Manager
PAGE 3 Delegated Planning Approvals - 13 March 2017-28 April 2017
ATTACHMENT [1]
Planning Applications Approved Under Delegated Authority – 13 March 2017 – 28 April 2017 Application No.
Location
PA2017.0011
131 Steele Street Devonport
PA2017.0016
162 Pumping Station Road Forth
PA2017.0019
24 George Street Devonport
PA2017.0020
437 Forthside Road Forthside
PA2017.0021
19 McArthur Drive Spreyton
PA2017.0022
8A Aylett Avenue Devonport
PA2017.0023 PA2017.0024 PA2017.0025 PA2017.0027 PA2017.0028
80-82 Formby Road Devonport 5 Wrenswood Drive Quoiba 118 Parker Street Devonport 101 Wrenswood Drive Quoiba 35 Formby Road Devonport
PA2017.0029
15 Tedmon Street Spreyton
PA2017.0034 PA2017.0030 PA2017.0031
21 Wrenswood Drive Quoiba 6A Lapthorne Close Don 203 Wrenswood Drive Quoiba
PA2017.0032
3 Gatty Place Devonport
PA2017.0035 PA2017.0036
2 Westport Road Miandetta 20 Stewart Street Devonport
Description Section 58 - Change of Use (Food services - restaurant) Section 57 – Alterations and additions to existing building - assessment against performance criteria under clause 22.4.5 - Setback from zone boundaries Demolition of office and amenities buildings Residential (dwelling extension) - assessment against performance criteria for setbacks and building envelope & Local Heritage Code Residential (dwelling extension) Residential (single dwelling and shed) - assessment against performance criteria for setbacks and building envelope & site coverage and private open space Residential (single dwelling) – assessment against performance criteria for setbacks and building envelope Extension (Hotel Industry) - assessment against the Local Heritage Code Residential (Shed) Residential (multiple dwellings x 3) Dwelling extension and as constructed deck and conversion of carport Change of use to Residential Residential (multiple dwellings x 2) – assessment against performance criteria for setbacks and building envelope and site coverage and private open space Dwelling addition - existing deck Residential (outbuilding) assessment against building envelope and setbacks 3 lot subdivision Residential (shed) - assessment against performance criteria for setbacks and building envelope Site remediation Boundary adjustment
ITEM 3.1
Approval Date 20/03/2017 21/03/2017 27/03/2017 15/03/2017 28/03/2017 17/03/2017 29/03/2017 16/03/2017 7/04/2017 22/03/2017 22/03/2017 7/04/2017 3/04/2017 11/04/2017 12/04/2017 27/04/2017 19/04/2017 4/04/2017
PAGE 4 Report to Planning Authority Committee meeting on 8 May 2017
4.0
DEVELOPMENT REPORTS
4.1
PA2017.0040 RESIDENTIAL (OUTBUILDING) - ASSESSMENT AGAINST PERFORMANCE CRITERIA FOR SETBACKS AND BUILDING ENVELOPE - 17 LEARY AVENUE STONY RISE File: 33740 D470476
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.1.1
Apply and review the Devonport Interim Planning Scheme as required, to ensure it delivers local community character and appropriate land use
Strategy 2.1.2
Provide high quality, consistent and responsive development assessment and compliance processes
SUMMARY The purpose of this report is to enable Council’s Planning Authority Committee to make a decision regarding planning application PA2017.0040.
BACKGROUND Planning Instrument: Applicant: Owner: Proposal: Existing Use: Zoning: Decision Due:
Devonport Interim Planning Scheme 2013 Andrew Philip Best Miss EJ Forth Residential (outbuilding) - assessment against performance criteria for setbacks and building envelope Vacant land General Residential 09/05/2017
SITE DESCRIPTION The subject site is a 1,w264m2 block of land on the southern side of the roadway. The land has an elevated perspective with a northerly aspect. Immediately south of the land is the edge of the bushland identified as the Kelcey Tier Greenbelt which also provides the southern edge to the other lots in The Tiers Building Estate. A planning permit was previously granted in 2013 (PA2013.0018) for a 14m wide x 9m long outbuilding on this lot. This structure was proposed to be situated in the southwestern corner of the block adjacent to the neighbours outbuilding. This proposal never advanced to a building and plumbing permit application and the planning permit subsequently lapsed because substantial commencement didn’t occur within two years of that planning permit being granted.
ITEM 4.1
PAGE 5 Report to Planning Authority Committee meeting on 8 May 2017
Figure 1 is a locality plan of The Tiers Building Estate with the subject site outlined in red.
Figure 1 - Photo Source: Devonport City Council Geocortex December 2015
APPLICATION DETAILS The current situation is that a partially developed structure has had its construction halted pending a satisfactory planning application outcome. This structure is quite evident at the rear of the block and requires consideration for a retrospective planning permit to allow the proposal to continue to the required building and plumbing permit assessment. An array of existing solar panels is also situated within the confines of the lot that are to be repositioned to the roof of the proposal outbuilding. The submitted plans indicate a building that is 7m in depth and 29.8m in width which in effect extends from the eastern boundary to the western boundary. It is split over two levels to compensate for the contours of the site. Floor level on the lower end is 800mm above ground level at the eastern boundary. External walls and roof materials comprise sheet metal cladding with the flat roof profile extending from a wall height at the rear elevation of 4.65m to a wall height along the northern wall of 3.2m. The northern elevation which faces the street comprises numerous windows and openings. Figure 2 below is a reproduction of the northern (front) elevation from the application. The lower section is partially constructed. A copy of the submitted front elevation is reproduced below.
Figure 2 – Northern Elevation, A Best, drawn 20/03/2017
ITEM 4.1
PAGE 6 Report to Planning Authority Committee meeting on 8 May 2017
PLANNING ISSUES The land is zoned General Residential under the Devonport Interim Planning Scheme 2013 (the DIPS). In general terms any development for residential use is able to achieve a ‘No Permit Required’ status if the relevant zone and code standards satisfy the Acceptable Solutions (AS) of the DIPS. If the AS of an identified development standard cannot be satisfied then reliance on the Performance Criteria (PC) is required to achieve a permit. If the PC cannot be demonstrated then the application must be refused. In this proposal there is reliance on the PC because the AS for the prescribed building envelope cannot be met. Figure 3 below is a reproduction of these PC from the DIPS.
Figure 3 - Clause 10.4.2 P3 Devonport Interim Planning Scheme 2013
The building envelope is contained within a 3-dimensioned form that includes a wall height threshold in proximity to a boundary. Figure 4 below provides an indicative representation of the building envelope. In general terms the higher the wall the greater the offset unless the PC can be satisfied. The eastern wall of the proposal ranges in height from 4.65m to 3.2m which also includes an 800mm foundation wall. The overall height clearly exceeds the acceptable 3m height and assessment of the PC has to be undertaken and be satisfied. The western wall does not include a high foundation wall component which lessens any impact.
Figure 4 – Building envelope, diagram 10.4.2A, Devonport Interim Planning Scheme 2013
ITEM 4.1
PAGE 7 Report to Planning Authority Committee meeting on 8 May 2017
The following photographs indicate the relativity between the eastern wall under construction and the buildings on the adjoining lot. It is fortuitous that the impacts if any are easy to determine because the structure is in place.
Photograph 1 - looking south along the shared boundary between 16 and 17 Leary Avenue 26 April 2017, approximately 1630hrs
Photograph 2 - looking south east along boundary between 16 and 17 Leary Avenue 26 April 2017, approximately 1630hrs
ITEM 4.1
PAGE 8 Report to Planning Authority Committee meeting on 8 May 2017
COMMUNITY ENGAGEMENT On 28/03/2017, Council received an application for the above development. Under Section 57(3) of the Land Use Planning and Approvals Act 1993, the Planning Authority must give notice of an application for a permit. As prescribed at Section 9(1) of the Land Use Planning and Approvals Regulations 2014, the Planning Authority fulfilled this notification requirement by: (a)
Advertising the application in The Advocate newspaper on 01/04/2017;
(b)
Making a copy of the proposal available in Council Offices from the 01/04/2017;
(c)
Notifying adjoining property owners by mail on 30/03/2017; and
(d)
Erecting a Site Notice for display from the 31/03/2017.
The period for representations to be received by Council closed on 19/04/2017.
REPRESENTATIONS Four individual representations and one petition signed by 18 nearby residents was received within the prescribed 14-day public scrutiny period required by the Land Use Planning and Approvals Act 1993. These are appended to this report.
DISCUSSION The representations and petition have been examined and the following four matters dominate the concerns expressed. 1. 2. 3. 4.
Building design Visual amenity Devaluation Building practices.
From a planning viewpoint, the only issue of discretion for the Planning Authority to determine is whether the building form can satisfy the Performance Criteria (PC) of development standard 10.4.2 P3 - Setbacks and building envelope for all dwellings. This includes general building design and visual impacts and discounts any further discussion on possible devaluation and alleged poor building practices. To assist in the determination of whether the PC are satisfied reliance upon the objectives of a particular development standard can often assist. The relevant objectives for this discretionary matter are reproduced below from the planning scheme.
(Please note that the planning scheme includes an outbuilding within the definition of dwelling)
The performance criteria (a)(i), (ii) &(iii) are deemed to be satisfied. Any effects from overshadowing have to consider loss of amenity from a building that due to its bulk, scale and position does not allow sunlight to adjoining land for at least three hours between ITEM 4.1
PAGE 9 Report to Planning Authority Committee meeting on 8 May 2017
9am and 3pm on June 21. The location of the building on the lot, its north-south axis and the situation of existing and likely development on the adjoining lots have been viewed and no adverse effects have been observed or are predicted to deem these PC unsatisfied. The other performance criteria do consider the effects of visual impacts caused by the apparent scale, bulk or proportions of the dwelling when viewed from adjoining lots. Also whether the siting and scale provide adequate separation between dwellings on adjoining lots that is compatible with that prevailing in the surrounding area. These are reasonably subjective criteria. This development standard and others within the General residential zone set out certain tests to ensure the appropriate spatial matters such as setbacks, heights and density do not allow a building to excessively extend beyond the prescribed numerical thresholds. This application proposes a building that extends 30m in breadth across the entire site (30m). While this is not a conventional practice it has to be judged in consideration of the overall spatial package whether this wider residential building is unreasonable - firstly because of undesirable off site effects caused by shading and secondly, visually because it is beyond a degree of accepted reasonableness. That is, in simple terms is it too big in this situation, for residential purposes on this site? The Performance Criteria only need to judge this bulk and scale aspect when viewed from adjoining lots. This is potentially a skewed view as the width of the building is a relatively narrow 7m depending on the viewpoint and on a secondary level does the building impact on a regular view corridor. There is no specific development standard in the DIPS that sets a threshold for a maximum sized residential building. Those spatial elements mentioned earlier allow in general terms the capacity for large lots to accommodate larger buildings. Although not within the jurisdiction of Council there are also no subdivision covenants for this lot that restrict building size and types of cladding. It seems reasonable to conclude that the objectives of the particular development standard can provide support to the Performance Criteria to allow them to be satisfied.
FINANCIAL IMPLICATIONS No financial implications are predicted unless an appeal is made to the Tribunal against the decision and legal counsel is required to defend the Planning Authority decision.
RISK IMPLICATIONS No risks to the Council have been identified based on the provision of inaccurate information or improper assessment processes being undertaken.
CONCLUSION The application has undergone the required assessment process to determine whether an appropriate recommendation can be made for the submitted application. The representations have been assessed and upon closer examination the primary matters of concern are not based on the actual discretion conferred to Council to decide the application. The issues that do have relevance have been considered and comments provided previously conclude that the Performance Criteria have been satisfied. It is reasonable to assume that at least some of the representations were made because of the attitude of the applicant, who has made significant progress with the construction of the shed without first following the process to obtain the necessary planning, building and plumbing permits. ITEM 4.1
PAGE 10 Report to Planning Authority Committee meeting on 8 May 2017
Notwithstanding that, Council acting in its role as a Planning Authority can only consider whether the shed satisfies the relevant requirements of the DIPS. This report concludes that it does. If there are questions about the construction methods and materials used they should be determined by a building surveyor under the provisions of the Building Act 2016.
ATTACHMENTS 1.
Representations - PA2017.0040 - 17 Leary Avenue
RECOMMENDATION That the Planning Authority, pursuant to the provisions of the Devonport Interim Planning Scheme 2013 and Section 57 of the Land Use Planning and Approvals Act 1993, approve application PA2017.0040 and grant a Permit to use and retrospectively develop land identified as 17 Leary Avenue, Stony Rise for the following purposes:
Residential (outbuilding) - assessment against performance criteria for setbacks and building envelope
Subject to the following conditions: 1.
The use and development is to proceed generally in accordance with the submitted plans drawn by Andrew Best dated 20/03/2017 copies of which are attached and endorsed as documents forming part of this Planning Permit.
2.
The developer is to take all reasonable steps during construction to minimise off site environmental effects occurring that might result in a nuisance. This includes air, noise and water pollution and doesn’t allow for burning of any waste materials.
3.
The developer is to utilise the existing stormwater service connection and driveway and kerb crossover for the purposes of this development.
Note: The following is provided for information purposes. A
THIS IS NOT A BUILDING OR PLUMBING PERMIT. Prior to commencing any building or plumbing work you are required to contact a Tasmanian Registered Building Surveyor to determine the category of building approval required, and secondly to contact the Council Permit Authority to determine the category of plumbing approval required.
B
In regard to condition 2 this includes ensuring that noise emitted from portable apparatus and hours of operation of those devices are within the scope indicated by the Environmental Management and Pollution Control (Noise) Regulations 2016.
C
In regard to condition 3 the applicant should contact Council’s Engineering Department with any enquiries.
D
The permitted development is to be used only for activities associated with the General residential zoning of the land.
Author: Position:
Shane Warren Planning & Environmental Coordinator
Health
Endorsed By: Position:
ITEM 4.1
Brian May Development Manager
PAGE 11 Representations - PA2017.0040 - 17 Leary Avenue
ATTACHMENT [1]
ITEM 4.1
PAGE 12 Representations - PA2017.0040 - 17 Leary Avenue
ATTACHMENT [1]
ITEM 4.1
PAGE 13 Representations - PA2017.0040 - 17 Leary Avenue
ATTACHMENT [1]
ITEM 4.1
PAGE 14 Representations - PA2017.0040 - 17 Leary Avenue
ATTACHMENT [1]
ITEM 4.1
PAGE 15 Representations - PA2017.0040 - 17 Leary Avenue
ATTACHMENT [1]
ITEM 4.1
PAGE 16 Representations - PA2017.0040 - 17 Leary Avenue
ATTACHMENT [1]
ITEM 4.1
PAGE 17 Representations - PA2017.0040 - 17 Leary Avenue
ATTACHMENT [1]
ITEM 4.1
PAGE 18 Representations - PA2017.0040 - 17 Leary Avenue
ATTACHMENT [1]
ITEM 4.1
PAGE 19 Report to Planning Authority Committee meeting on 8 May 2017
4.2
PA2017.0038 COMMUNITY MEETING AND ENTERTAINMENT (CHURCH AND CAR PARK EXTENSION) - ASSESSMENT AGAINST THE USE STANDARDS - 20-22 NICHOLLS STREET DEVONPORT File: 33737 D471044
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.1.1
Apply and review the Devonport Interim Planning Scheme as required, to ensure it delivers local community character and appropriate land use
Strategy 2.1.2
Provide high quality, consistent and responsive development assessment and compliance processes
SUMMARY The purpose of this report is to enable Council’s Planning Authority Committee to make a decision regarding planning application PA2017.0038.
BACKGROUND Planning Instrument: Applicant: Occupier: Proposal: Existing Use: Zoning: Decision Due:
Devonport Interim Planning Scheme 2013 David John Meadows Pathway to Life Church Community meeting and entertainment (Church and car park extension) – assessment against the Use Standards Community Building and Entertainment (Church) General Residential 18/05/2017
SITE DESCRIPTION The subject 3,551m2 site is bounded on three corners by Nicholls Street, Allanbrae Place and North Fenton Street. It has been submitted by the applicant that it has been serving local needs since 1972 when the original church building was constructed. The most substantial expansion of note occurred in 1986 with a major extension southward towards Nicholls Street. In general terms the title also includes a building with residential form near North Fenton Street that is being used as an education facility and counselling centre. This was granted a planning permit in March 2016 and completed a few months later. Figure 1 overleaf indicates an aerial overview of the land with the roof reflection in some way distinguishing the two dominant developments of the church building with the angled education and counselling building situated on the North Fenton Street corner.
ITEM 4.2
PAGE 20 Report to Planning Authority Committee meeting on 8 May 2017
Figure 1 – Location Plan, Photo source DCC Geocortex December 2015
APPLICATION DETAILS This application is for a further addition to the main church building. It is recognised by the church that modernisation is required so that it is more functional for the users. This requires the aspects of disability access, car parking, toilet facilities and food preparation areas to be considered. Figure 2 below indicates the proposed floor plan which also includes the overall scale of the church building and proposed car parking arrangement. This can be compared with the existing building form illustrated in Figure 1 above.
Figure 2 – Proposed development, Milton Smith building design and develop, project 1511
ITEM 4.2
PAGE 21 Report to Planning Authority Committee meeting on 8 May 2017
With a minor demolition component included with the net building area of 246m2 the overall floor plan proposal is 802m2. The development of the site also includes a more ordered layout of vehicle parking spaces which is currently deficient on the site. The car parking area is proposed to extend to that part of the site on the north western corner of North Fenton Street and Nicholls Street. This will provide additional spaces and a new vehicular access onto North Fenton Street. The appropriate line marking of spaces will realise a total of 54 car parking spaces as well as specific areas assigned for motorcycle and bicycle parking.
PLANNING ISSUES The land is zoned General Residential under the Devonport Interim Planning Scheme 2013 (the DIPS). ‘Community meeting and entertainment’ is defined in the DIPS as: ‘use of land for social, religious and cultural activities, entertainment and meetings. Examples include an art and craft centre, church, cinema, civic centre, function centre, library, museum, public art gallery, public hall and theatre.’ Within the General residential zone the use of land for Community meeting and entertainment is permitted if certain use qualifications can be met. These use qualifications discount the land being used as an art gallery, cinema, concert hall, convention centre, dance hall, exhibition centre, function or reception centre, library, museum, music hall, or theatre and also include a gross floor area threshold of 300m2 for recognised activities. However if the permitted use qualifications cannot comply then opportunity still exists in this zone for a discretionary permit pathway to be pursued. The discretionary use scenario still includes the previously identified activities but excludes the permitted size qualifications. In summary a church greater than 300m2 in size is discretionary and has to be assessed against the Use Standards and any relevant Development Standards. The Use Standards are based upon compliance with the identified local area objectives and desired future character statements to determine the merits of the application. A further test in the Use standards requires the use to minimise any likelihood for adverse impact on amenity for use on adjacent land in the zone. The applicable Local area objective in this zone is to ensure that non-housing activity and location and configuration of buildings is commensurate with the location of housing in a shared urban setting. This is to consider bulk and scale, parking, daylight access, visual and acoustic privacy and streetscape consistency. The applicable desired future character statements include various statements including: -
Housing being the predominant but not exclusive form of development Buildings should be set apart from adjacent buildings to reduce apparent bulk and scale A streetscape with buildings setback consistently from the frontage Site coverage that retains sufficient grounds area for recreation, service activity and vehicle parking
The Use standards are the only element of discretion identified in the development of the site. The Acceptable Solutions of the Development Standards all comply. The increased floor area has also necessitated an increase in parking spaces. The additional spaces with appropriate line marking satisfies the requirements of the Traffic Generating Use and Parking Code in the DIPS. No other Code is applicable.
ITEM 4.2
PAGE 22 Report to Planning Authority Committee meeting on 8 May 2017
The traffic impacts of the additional spaces and ingress/exit locations were subject to preapplication discussions between Council and the applicant. An ‘In Principle Agreement’ which details conditions for the construction standards and access/egress conditions for the carpark has been included with the application and will form part of the development permit if the application is approved by the Planning Authority.
COMMUNITY ENGAGEMENT On 06/04/2017, Council received an application for the above development. Under Section 57(3) of the Land Use Planning and Approvals Act 1993, the Planning Authority must give notice of an application for a permit. As prescribed at Section 9(1) of the Land Use Planning and Approvals Regulations 2014, the Planning Authority fulfilled this notification requirement by: (a)
Advertising the application in The Advocate newspaper on 08/04/2017;
(b)
Making a copy of the proposal available in Council Offices from the 08/04/2017;
(c)
Notifying adjoining property owners by mail on 07/04/2017; and
(d)
Erecting a Site Notice for display from the 07/04/2017.
The period for representations to be received by Council closed on 27/04/2017.
REPRESENTATIONS One representation was received within the prescribed 14 day public scrutiny period required by the Land Use Planning and Approvals Act 1993. This is appended to the report as Attachment 1.
DISCUSSION The representation includes five points of concern. A response to each is provided as follows. 1.
Operational hours Comments – It is accepted that operational hours for a church now extend beyond the traditional Sunday morning services. Any proposal needs to be considered with the view that other activities can occur which potentially can impact on nearby amenity due to music, vehicle noise and increased frequency of attendance. No specific hours were included with the application and if these are important then an appropriately worded condition can be included on a permit. The Environmental Management and Pollution Control (Noise) Regulations does set out hours and days of operation for musical instrument or sound amplifying equipment. A recent application for another church was also of concern to nearby residents due to potential noise conflicts. This application was ultimately granted a permit with a condition for the operator of the activity to keep a written record available of any noise concern that is conveyed to them by a third party that in effect might give rise to environmental infringement due to amplified music and other occasional church related activities and occupation. In the General residential zone there are no specified hours of operation in the DIPS for non residential uses. However it is reasonable to consider this option under the amenity test contained in the Performance Criteria of the Use Standards under Clause 10.3.1 P1. Midnight is an acceptable curfew for the general activities from the site however the noise regulations also provide hours of use for specified music and amplification to
ITEM 4.2
PAGE 23 Report to Planning Authority Committee meeting on 8 May 2017
conclude at 10pm. Any ongoing issues that might arise can be addressed by other legislative means. 2.
Vehicle movements Comments – The existing access and egress from the site is from two crossovers in Nicholls Street and one in Allanbrae Place. The proposal is to convert the Allanbrae Place access to ‘entry’ only. The new access to North Fenton Street is designated proposed as ‘exit’ only while the new crossover to Nicholls Street is for ingress and egress. This arrangement satisfies the Engineering Department of Council. It is reasonable to conclude that the vehicular access points into the site from Allanbrae Place will be a lesser impact that exists now due to the one way direction and additional exit onto North Fenton Street.
3.
Carpark lighting Comments – The Lighting design submitted includes an Obtrusive Light – Compliance Report based on post curfew conditions of 4 lux. A calculation of 2.4 lux illumination is submitted. It seems reasonable to ensure that no light spillage of unreasonable intensity should be visible from off the site. The timing of the illumination can also be included in the deliberation.
4.
Rain run-off water Comments – This matter was considered by Council’s Engineering Department during the assessment process. The In Principle Agreement addresses this matter and requires satisfactory stormwater detention devices to be installed designed by a suitably qualified hydraulic engineer.
5.
Carpark signage Comments – Suitable and unobtrusive directional signage can be included as a recommendation. It would be anticipated that the correct management of access locations can be circulated to the users of the site by whatever means appropriate.
FINANCIAL IMPLICATIONS No financial implications are predicted unless an appeal is made to the Tribunal against the decision and legal counsel is required to defend the Planning Authority decision.
RISK IMPLICATIONS No risks to the Council have been identified based on the provision of inaccurate information or improper assessment processes being undertaken.
CONCLUSION The application has been investigated and the representation examined to determine if a fair and reasonable recommendation can be submitted for the determination of the Planning Authority. Nothing has been revealed in this process that has resulted in reasons for a negative recommendation.
ATTACHMENTS 1.
Representation - PA2017.0038 - 20- 22 Nicholls Street Devonport
ITEM 4.2
PAGE 24 Report to Planning Authority Committee meeting on 8 May 2017
RECOMMENDATION That the Planning Authority, pursuant to the provisions of the Devonport Interim Planning Scheme 2013 and Section 57 of the Land Use Planning and Approvals Act 1993, approve application PA2017.0038 and grant a Permit to use and develop land identified as 20-22 Nicholls Street, Devonport for the following purposes:
Community Building and Entertainment (Church and car park extension) – assessment against the Use Standards
Subject to the following conditions: 1.
Unless requiring modification by subsequent conditions of this permit the Use and Development is to proceed and be undertaken generally in accordance with: (a)
The submitted plans referenced as Alterations and Extensions for Pathway to Life Church, Project 1511 by Milton Smith building design dated January 2017 copies of which are attached and endorsed as documents forming part of this Planning Permit.
(b)
The In-principle Agreement for Road and Stormwater submitted with the application dated 20 March 2017.
(c)
The Lighting Design Report, project 6475 dated 23 March 2017 by Southern Lighting and Distribution.
2.
Vehicular accesses to the site are to be identified by suitable located unobtrusive directional signs and regular conveying of the matter to users of the site.
3.
The lighting design and devices for the Allanbrae Place access point is to be reassessed and designed to a lower illumination due to consideration of this access only being used as an entrance to the site.
4.
The developer is to take all reasonable steps during demolition and construction to minimise off site environmental effects occurring that might result in a nuisance. This includes air, noise and water pollution and doesn’t allow for burning of any waste materials.
5.
The applicant is to contact Council’s Environmental Health Department to ascertain and confirm the food business aspects of the proposal. The outcome of this may impose an obligation for the Building Surveyor to submit the required details as provided by the applicant for the identified food preparation and handling areas.
6.
The developer is to comply with the conditions contained in the Submission to Planning Authority Notice which TasWater has required to be included in the planning permit, pursuant to section 56P(1) of the Water and Sewerage Industry Act 2008.
Note: The following is provided for information purposes.
THIS IS NOT A BUILDING OR PLUMBING PERMIT. Prior to commencing any building or plumbing work you are required to: 1.
Contact a Tasmanian registered Building Surveyor to determine the category of building approval required, and
2.
Contact the Council Permit Authority to determine the category of plumbing approval required.
ITEM 4.2
PAGE 25 Report to Planning Authority Committee meeting on 8 May 2017
In regard to condition 1(b) the applicant should contact Council’s City Infrastructure Department – Ph 6424 0511 with any enquiries. Note: In regard to condition 4 this includes ensuring that noise emitted from portable apparatus and hours of operation are within the scope indicated by the Environmental Management and Pollution Control (Noise) Regulations 2016. Enquiries regarding other conditions can be directed to Council’s Development & Health Services Department – Ph 6424 0511.
Author: Position:
Shane Warren Planning & Environmental Coordinator
Health
Endorsed By: Position:
ITEM 4.2
Brian May Development Manager
PAGE 26 Representation - PA2017.0038 - 20- 22 Nicholls Street Devonport
ITEM 4.2
ATTACHMENT [1]
PAGE 27 Planning Authority Committee meeting Agenda 8 May 2017
5.0
CLOSURE
There being no further business the Chairman declared the meeting closed at
pm.