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 20 March 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 15 March 2017
AGENDA FOR A MEETING OF THE PLANNING AUTHORITY COMMITTEE OF DEVONPORT CITY COUNCIL HELD ON MONDAY 20 MARCH 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 - 1 March 2017 - 13 March 2017 (D464434) .................................................................................................................... 2
4.0
DEVELOPMENT REPORTS .............................................................................. 4
4.1
PA2017.0011 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 - 131 Steele Street Devonport (D464482) ...................................................... 4
5.0
CLOSURE ................................................................................................ 38
PAGE 1 Planning Authority Committee meeting Agenda 20 March 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 20, March 2017 commencing at 5:15pm. PRESENT Present Chairman
Ald S L Martin (Mayor) Ald C D Emmerton Ald G F Goodwin Ald J F Matthews Ald L M Perry
Apology
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
The following apology was received for the meeting. Ald Goodwin
Leave of Absence
2.0 DECLARATIONS OF INTEREST
PAGE 2 Report to Planning Authority Committee meeting on 20 March 2017
3.0
DELEGATED APPROVALS
3.1
PLANNING APPLICATIONS APPROVED UNDER AUTHORITY - 1 MARCH 2017 - 13 MARCH 2017
DELEGATED
ATTACHMENTS 1.
Delegated Planning Approvals - 1 March 2017 - 13 March 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 - 1 March 2017 - 13 March 2017
ATTACHMENT [1]
Planning Applications Approved Under Delegated Authority – 1 March 2017 – 13 March 2017 Application No. PA2017.0001 PA2017.0005
98 North Street Devonport 45 Melrose Road Aberdeen
PA2017.0009
108 North Street Devonport
PA2017.0012
130 Nixon Street Devonport
PA2017.0013 PA2017.0014
203 William Street Devonport 26 Forest Heights Drive Tugrah
PA2017.0015
31 Laycock Road Spreyton
PA2017.0018 PA2016.0176
43 Lower Barrington Road Paloona 41-43 Middle Road, Devonport
PA2016.0177
4 Melrose Street, East Devonport
PA2016.0179 PA2016.0180 PA2016.0181 PA2016.0182
Location
Description
Approval Date 8/03/2017 3/03/2017
Two lot subdivision (one additional lot) Residential (shed & carport) - discretion to allow a lesser than permitted building setback Residential (alterations and additions to existing dwelling) – assessment against performance criteria for setbacks and building envelope Residential (garage) - assessment against performance criteria for setback and building envelope Demolition of dwelling and outbuilding Residential (single dwelling and shed) Single dwelling and shed - assessment against performance criteria for Water and Waterways Code Farm Storage Shed School addition Residential (alterations and additions to existing dwelling) – assessment against performance criteria for setbacks and building envelope
6/03/2017 2/03/2017
15/2-12 North Caroline Street, East Devonport
Holiday Unit
7/12/16
4 Margaret Street, Devonport
Residential (awning addition to existing dwelling) – assessment against the performance criteria for setbacks and building envelope
14/12/16
Visitor Accommodation
12/12/16
Residential (single dwelling and shed)
20/12/16
15a Lower Madden Street, Devonport 32 Harris Road, Stony Rise
ITEM 3.1
6/03/2017 6/03/2017
7/03/2017 10/03/2017 13/12/16 15/12/16
PAGE 4 Report to Planning Authority Committee meeting on 20 March 2017
4.0
DEVELOPMENT REPORTS
4.1
PA2017.0011 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 - 131 STEELE STREET DEVONPORT File: 33620 D464482
RELEVANT PORTFOLIO Technical and Finance
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
PURPOSE The purpose of this report is to enable Council’s Planning Authority Committee to make a decision regarding planning application PA2017.0011.
BACKGROUND Planning Instrument: Applicant: Owner: Proposal:
Existing Use: Zoning: Decision Due:
Devonport Interim Planning Scheme 2013 Lara Fong Siu Mr F Siu 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 Car Sales & Service Yard Central Business 27/03/2017
SITE DESCRIPTION The site is a 943m2 lot identified by Certificate of Title (CT) 158957/1 with the property address of 131 Steele Street, Devonport. The site is currently utilised as a car sales yard and service centre. The site is flat and is immediately surrounded by a mix of uses including a single dwelling to the west, a church to the south, another car sales yard to the east and a ten pin bowling centre to the south-east. An aerial image and title plan of the property are reproduced respectively as Figure 1 and 2 on the following page. ITEM 4.1
PAGE 5 Report to Planning Authority Committee meeting on 20 March 2017
Figure 1 – Aerial image of subject site and surrounds taken in January 2015 DCC Geocortex
Figure 2 - Title of Plan of Subject Site – CT 158957/1 The List
ITEM 4.1
PAGE 6 Report to Planning Authority Committee meeting on 20 March 2017
APPLICATION DETAILS The applicant is seeking approval to change the use of the site to a restaurant. The restaurant is proposed to be located predominantly within the footprint of the existing building located near the frontage of the site. As part of the change of use, the following works are proposed: -
Extension to the rear of the restaurant building to accommodate the kitchen facilities, service area, customer entry and toilet. The extension will incorporate an area of 51.7m2 and is proposed to be constructed to the western side boundary.
-
Erection of a pylon advertising sign which will be located at the front of the property. The sign will have a total height of 3.8m with the advertising sign board having the dimensions of 1m x 1.58m.
-
An additional crossover on the western side of the TasNetworks pole. This will then facilitate a separate entry and exit to the site. -
Delineated car parking for a total of 17 car parking spaces including a disabled parking space located at the front of the site.
A copy of the Site Plan submitted by the applicant’s draftsman is reproduced below as Figure 3. A full copy of the development plans is appended as Attachment 1.
Figure 3 – Copy of Site Plan submitted by applicant’s draftsman Everard Architectural Design
PLANNING ISSUES The land is zoned Central Business under the Devonport Interim Planning Scheme 2013 (DIPS). The DIPS states that the purpose statement of this zone is “to provide for business, civic and cultural, community, food, hotel, professional, retail and tourist functions within a major centre serving the region or subregion.” The most appropriate use classification for the restaurant is ‘Food services’. The DIPS defines this use as, “use of land for preparing or selling food or drink for consumption on or off the premises. Examples include a cafe, restaurant and takeaway food premises.” ITEM 4.1
PAGE 7 Report to Planning Authority Committee meeting on 20 March 2017
Under the Use Table for the for the Central Business zone, ‘Food services’ has a ‘Permitted’ status subject to the site not being located within Area A. The site is not within Area A. Although a particular use may be ‘Permitted’ it may still trigger the ‘Discretionary’ permit pathway (public notification process) if an application cannot satisfy the Acceptable Solutions of a stipulated development standard. If this is the case, reliance is then placed on the corresponding Performance Criteria to demonstrate if there is merit to favourably determine the variation. Regarding this application, it has been identified that assessment is required against the Performance Criteria for development standard 22.4.5 - Setback from zone boundaries. This is due to the extension at the rear of the restaurant building and the associated car parking being located within 4m of the General Residential zone, this zone is located to the immediate west of the site - refer to zoning map below.
Figure 4 - Zoning Map of site (outlined) and surrounds DCC Geocortex
ITEM 4.1
PAGE 8 Report to Planning Authority Committee meeting on 20 March 2017
A copy of the development standard 22.4.5 is reproduced below along with comment against the Performance Criteria.
Figure 5 – Development Standard 22.4.5 including table to clause 22.4.5 A1 DIPS
ITEM 4.1
PAGE 9 Report to Planning Authority Committee meeting on 20 March 2017
Comment - The addition to the rear of the building will slightly increase overshadowing to the residence located to the immediate west of the site (133 Steele Street). The overshadowing will occur during the early morning, however, after being on site it was noted that vegetation along the eastern boundary of the dwelling property lessens the impact of the overshadowing. Furthermore, no windows are proposed along the boundary and therefore privacy and conflict issues are not a concern. The car parking proposed along the western boundary of the site is positioned away from the dwelling and no amenity concerns are envisaged. A condition will be included on the planning permit regarding environmental impacts (ie odour and noise) to reduce any potential conflict between the two uses. Overall the Performance Criteria for this development standard is satisfactorily met. All other development standards within the Central Business zone and applicable development Codes have satisfactorily met the Acceptable Solutions or exemptions. For example, the number of car parking spaces provided on the site complies with the requirements of the Traffic Generating Use and Parking Code (Code E9) and the car parking layout complies with national standard AS/NZS 2890.1 (2004) – Parking Facilities Off Street Car Parking. Thus, further comment against the conforming development standards is not warranted.
COMMUNITY ENGAGEMENT On 13/02/2017, 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 18/02/2017;
(b)
Making a copy of the proposal available in Council Offices from the 18/02/2017;
(c)
Notifying adjoining property owners by mail on 17/02/2017; and
(d)
Erecting a Site Notice for display from the 17/02/2017.
The period for representations to be received by Council closed on 03/03/2017.
REPRESENTATIONS Three representations were received within the prescribed 14 day public scrutiny period required by the Land Use Planning and Approvals Act 1993. The representations are appended as Attachment 2. It is noted that the representations received were from persons who have an interest in the property to the immediate east of the site (127-129 Steele Street) which operates as the business Devonport Cars. In summary, the representations raised concerns about the following matters:
Lack of car parking spaces provided on the site; Deficiency in sewerage infrastructure; Restaurant patrons parking in front of the car sales yard; Alcohol consumption and unsocial behaviour near the car sales yard; Dust generation during the construction phase that will result in the cars having to be washed daily; and Excess rubbish being generated from the site.
ITEM 4.1
PAGE 10 Report to Planning Authority Committee meeting on 20 March 2017
It is important to acknowledge that the Planning Authority’s role in this application is to determine whether the extension proposed to the rear of the restaurant building and the associated car parking satisfies the Performance Criteria in relation to development standard 22.4.5 - Setback from zone boundaries. None of the submitted representations raised concerns in relation to the impact of the extension in relation to applicable matters (ie amenity impacts to adjoining residential use). A Planning Scheme plays no role in the regulation of social behaviour on or around a particular site and therefore, the representations are not considered to adversely impact on the assessment of the application.
DISCUSSION The application was referred to TasWater for comment as required by the Water and Sewerage Industry Act 2008 and conditions from this authority will be included in the final recommendation. The application has also been referred internally to other Council departments with an interest in development applications. Comments received have also been included in the final recommendation.
FINANCIAL IMPLICATIONS No financial implications are predicted unless legal costs are incurred due to an Appeal to the Resource Management and Planning Appeal Tribunal.
RISK IMPLICATIONS Due diligence has been exercised in the preparation of this report and no associated risks are predicted.
CONCLUSION The application has demonstrated conformance with the DIPS and is recommended for conditional approval.
ATTACHMENTS 1.
Application - PA2017.0011 - 131 Steele Street Devonport
2.
Representations - PA2017.0011 - 131 Steele Street Devonport
3.
TasWater Submission to Planning Authority Notice - PA2017.0011 - 131 Steele Street Devonport
4.
In principle agreement - Roads and Stormwater - PA2017.0011 - 131 Steele Street Devonport
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 PA2017.0011 and grant a Permit to use and develop land identified as 131 Steele Street, Devonport for the following purposes:
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
ITEM 4.1
PAGE 11 Report to Planning Authority Committee meeting on 20 March 2017
Subject to the following conditions: 1.
The Use and Development is to proceed generally in accordance with the submitted plans referenced as Change of Use - Lara’s Restaurant, dated 22 January 2017 by Everard Architectural Design, copies of which are attached and endorsed as documents forming part of this Planning Permit.
2.
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 – refer to Attachment 3.
3.
The developer is to comply with the conditions contained in the ‘In-Principle Agreement for Roads and Stormwater’ issued by the Devonport City Council on 9 January 2017 - refer to Attachment 4.
4.
The advertising sign is to be wholly located within the boundaries of the site and is only to be illuminated during opening hours of the restaurant.
5.
The developer is to take all reasonable steps during the use of these facilities (including construction works) to prevent environmental nuisance such as air, noise and water pollution. Failure to do so may result in Council taking enforcement proceedings under the Environmental Pollution and Control Act 1994.
Note: The following is provided for information purposes.
THIS IS NOT A BUILDING, PLUMBING OR HEALTH 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.
The applicant will need approval from the Council’s Environmental Health Department before any works commence, as part of this the Building Surveyor is to submit a Form 42 and the associated paperwork (including proposed menu type) with the Building Application. In regard to condition 2 the – Ph 136 992 with any enquiries.
applicant/developer
should
contact
TasWater
In regard to condition 3 the applicant should contact Council’s City Infrastructure Department – Ph 6424 0511 with any enquiries. Enquiries regarding other conditions and notes can be directed to Council’s Development & Health Services Department – Ph 6424 0511.
Author: Position:
Alex Mountney Cadet Planner
Endorsed By: Position:
ITEM 4.1
Brian May Development Manager
PAGE 12 Application - PA2017.0011 - 131 Steele Street Devonport
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ATTACHMENT [1]
PAGE 13 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 14 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 15 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 16 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 17 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 18 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 19 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 20 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 21 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 22 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 23 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 24 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 25 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 26 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 27 Application - PA2017.0011 - 131 Steele Street Devonport
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PAGE 28 Application - PA2017.0011 - 131 Steele Street Devonport
ATTACHMENT [1]
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PAGE 29 Application - PA2017.0011 - 131 Steele Street Devonport
ATTACHMENT [1]
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PAGE 30 Representations - PA2017.0011 - 131 Steele Street Devonport
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PAGE 31 Representations - PA2017.0011 - 131 Steele Street Devonport
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PAGE 32 Representations - PA2017.0011 - 131 Steele Street Devonport
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ATTACHMENT [2]
PAGE 33 TasWater Submission to Planning Authority Notice - PA2017.0011 - 131 Steele Street Devonport
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ATTACHMENT [3]
PAGE 34 TasWater Submission to Planning Authority Notice - PA2017.0011 - 131 Steele Street Devonport
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PAGE 35 TasWater Submission to Planning Authority Notice - PA2017.0011 - 131 Steele Street Devonport
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PAGE 36 In principle agreement - Roads and Stormwater - PA2017.0011 - 131 Steele Street Devonport
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ATTACHMENT [4]
PAGE 37 In principle agreement - Roads and Stormwater - PA2017.0011 - 131 Steele Street Devonport
ITEM 4.1
ATTACHMENT [4]
PAGE 38 Planning Authority Committee meeting Agenda 20 March 2017
5.0
CLOSURE
There being no further business the Chairman declared the meeting closed at
pm.