NOTIICE OF MEE ETING hereby given that a Special S Me eeting of th he Devonp port City C Council will be held in n Notice is h cil Chamb the Counc bers, on Mo onday 11 M May 2015, commenc c ing at 6:000pm. he public a at 6:00pm. The meetiing will be open to th
QUA ALIFIED PERS SONS dance with h Section 65 of the Local Go overnmentt Act 19933, I confirm m that the e In accord reports in this agen nda conta ain advice e, informattion and recommen ndations given by a person w who has the t qualifications o or experie ence nece essary to give such advice,, informatio on or recom mmendatio on.
Paul Westt GENERAL MANAGER R 15 6 May 201
AGENDA FOR A SPECIAL MEETING OF DEVONPORT CITY COUNCIL HELD ON MONDAY 11 MAY 2015 AT THE COUNCIL CHAMBERS AT 6:00PM Item
Page No.
1.0
APOLOGIES
2.0
DECLARATIONS OF INTEREST
3.0
PLANNING AUTHORITY MATTERS .................................................................. 5
3.1
PA2015.0033 Permitted - Community Meeting & Entertainment (Church) & advertising signage - Discretionary - assessment against performance criteria of Traffic Generating and Parking Code for lesser car spaces on site - 7 Parker Street, Devonport (D369014) ......................................................................................................... 7
PAGE 5 Report to Special Council meeting on 11 May 2015
Agenda of a Special meeting of the Devonport City Council to be held at the Council Chambers, Fenton Way, Devonport on Monday, 11 May 2015 commencing at 6:00pm. PRESENT Present Chair
Ald S L Martin (Mayor) Ald A L Rockliff (Deputy Mayor) Ald C D Emmerton Ald G F Goodwin Ald A J Jarman Ald J T Keay Ald L M Laycock Ald J F Matthews Ald L M Perry
1.0 APOLOGIES
The following apology was received for the meeting. Ald Goodwin
Leave of Absence
2.0 DECLARATIONS OF INTEREST
Apology
√
PAGE 6 Report to special Council meeting on 11 May 2015
3.0
PLANNING AUTHORITY MATTERS
The Mayor will now announce that Council intends to act as a Planning Authority under the Land Use Planning and Approvals Act 1993 for the consideration of Agenda Item 3.1. Council is required by Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2005 to deal with items as a Planning Authority under the LUPA 1993 in a sequential manner. The following item is to be dealt with at the meeting of Council in its capacity as a Planning Authority. 3.1
PA2015.0033 Permitted - Community Meeting & Entertainment (Church) & advertising signage - Discretionary - assessment against performance criteria of Traffic Generating and Parking Code for lesser car spaces on site - 7 Parker Street, Devonport (D369014)
ITEM 3.1
PAGE 7 Report to special Council meeting on 11 May 2015
3.1
PA2015.0033 PERMITTED COMMUNITY MEETING & ENTERTAINMENT (CHURCH) & ADVERTISING SIGNAGE DISCRETIONARY - ASSESSMENT AGAINST PERFORMANCE CRITERIA OF TRAFFIC GENERATING AND PARKING CODE FOR LESSER CAR SPACES ON SITE - 7 PARKER STREET, DEVONPORT File: 30428 D369014
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
SUMMARY The purpose of this report is to enable Council’s Planning Authority Committee to make a decision regarding planning application PA2015.0033.
BACKGROUND Planning Instrument: Applicant: Owner: Proposal:
Existing Use: Zoning: Decision Due:
Devonport Interim Planning Scheme 2013 C3 Church Devonport Inc. 35 Oldaker Street Pty Ltd Permitted - Community Meeting & Entertainment (Church) & advertising signage Discretionary - assessment against performance criteria of Traffic Generating and Parking Code for lesser car spaces on site Community meeting and entertainment Urban Mixed Use 14/05/2015
SITE DESCRIPTION The subject site is known as the Pandemonium Discovery and Adventure Centre. Until the associated activities commenced in late 2010 the building formerly housed and was developed for the mechanical repair, panel beating and spare parts operations of Motors Pty Ltd. The overall property was also subject to a subdivision application in 2008 that effectively separated the pandemonium building from the buildings and site previously used as a caryard and showroom. Figure 1 below provides an additional description of the site. The overall site is outlined in red.
ITEM 3.1
PAGE 8 m on 11 May M 2015 Report to special Council meeting
Figure 1 - Photo sou urce: DCC Dekho D Janu uary 2013
APPLICATIO ON DETAILS The applicant prop poses to use that po ortion of the t buildin ng formerlyy used forr the laserr skirmish ac ctivity. Thiss is the easstern wing of the building and adjoins a the e car park boundary.. The gross floor area a is approx ximately 5 500m2 and d will be configured to include e a stage,, storage a areas and the t installa ation of va arious mate erials to ac chieve sou nd proofin ng and fire e rating.
PLANNING ISSUES The land is zoned Urban U Mixe ed Use und der the De evonport Interim Pla anning Sch heme 2013 3 (DIPS). Th he zone under the previous p p planning sc cheme tha at allowed d the pand demonium m complex to develop was the Entertainm ment and Tourism Prrecinct of the Centra al Businesss zone (thiss detail is provided p to t demonsstrate the continuity y of compa atible land d use and d zoning). The purpo ose of the Urban Mixe ed Use zon ne in DIPS is i to provid de for integ gration of residential, r , retail, com mmunity se ervices and d commerrcial activitties in urba an location ns. The exttent of the e zone in th his location n is depictted in Figu ure 2. The Urban Mix xed Use zo one is colo oured grey y and the su ubject site is depicte ed by a bla ack star. The use of land for Communit C y meeting and entertainment In the Urba an Mixed Use U zone iss permitted d. There are no use standards that apply y and as a consequ uence the remaining g zone stan ndards con ncentrate on the prrovision of access and infrastrructure connections.. These are all satisfied d. Development sta ndards only apply if a new buillding is pro oposed. discretiona ary elemen nt identified d during assessment of this app plication iss the need d The only d Use and Parking to comply y with the Traffic Ge enerating U P Code. Simila ar in principle to the e zone stan ndards the code requirements focus prim marily on th he provisio on of space es for new w developm ment and the need to satisfyy the consstruction re equiremen nts of the Australian n Standard or other performanc ce measure es that mig ght apply.
ITEM 3.1
PAGE 9 m on 11 May M 2015 Report to special Council meeting
Figu ure 2 – Extract from Dev vonport Inte erim Planning Scheme m map
Clause 9..5.1 of the e code provides th e numeric cal standa ards to sattisfy the calculated c d number o of spaces. In this regard 75 sp paces are required on the site e to acco ommodate e parking sp paces for the t existing g pandem monium ac ctivities and d the churrch. The siite cannott physically y provide enough e spa aces to sattisfy the co ode. The need for the prroposal to satisfy the e Performa ance Criterria becom mes the fun ndamentall reason wh hy this proposal has a discretio onary com mponent. The T perform mance critteria allow w for the ca ar parking to ‘perform m’ becausse there is adequate and apprropriate prrovision forr vehicle pa arking to meet m the: (a) (b) (c)
antic cipated requirementt for the typ pe, scale and a intensity of the usse; likely y needs an nd requirem ments of sitte users; an nd likely y type, num mber, frequ uency and d duration of vehicle parking de emand.
The applic cant has sought s and d gained c consent fro om the ow wner of the e adjoining g car park k (Council’ss leased Viictoria Parade carpa ark) to use these spa aces and a also have pedestrian p n access via a gate.. It is the applicantt’s submisssion that an a observa ation of ca ar parking g movemen nts on the days and d times of their antic cipated me eetings de emonstrate es that the e site is ava ailable and d sustainab ble use of tthe land ca an occur without w intterfering with existing g public parking. able obserrvations by others a also confiirm that the Perform mance Criteria are e Compara satisfied.
COMMUNITTY ENGAGEM MENT On 08/04 4/2015, Co ouncil rece eived an a application for the above de evelopmen nt. Underr Section 57(3) of the e Land Use e Planning g and App provals Act 1993, the e Planning g Authority y must give e notice of an application for a permit. As A prescribed at Secttion 8(1) of the Land d Use Plann ning and Approva als Regula ations 2004 4, the Pla anning Au uthority fu ulfilled thiss notificatio on requirem ment by: (a)
Adve ertising the e applicatio on in The A Advocate newspape er on 11 Ap pril 2015;
(b)
Makiing a copy y of the pro oposal ava ailable in Council C Offfices from 113 April 201 15;
(c)
Notiffying adjoin ning prope erty owners rs by mail on o 10 April 2015; and
(d)
Erectting a Site Notice for display fro om 10 April 2015. ITEM 3.1
PAGE 10 m on 11 May M 2015 Report to special Council meeting
The perio od for reprresentation ns to be re eceived by b Council closed o on 24/04/20 015. One e representa ation was received during thiis mandattory 14 day public sscrutiny pe eriod. It iss reproduce ed below.
ITEM 3.1
PAGE 11 M 2015 Report to special Council meeting on 11 May
ITEM 3.1
PAGE 12 m on 11 May M 2015 Report to special Council meeting
DISCUSSION N The repressentation provides p a comprehe ensive rang ge of conc cerns for C Council to consider c in n determining this app plication. Four matte ers are spe ecified and d commentts on each h follow. 1.
Traffic/parking mments – Council’s Engineerin ng Departtment hav ve assesse ed the pro oposal forr Com traffiic impactss and nothing of anyy conseque ence warra ants attenttion. The situation s off cars parking on the stree et and hind dering acc cess to adja acent prop perties is an issue butt not o one expec cted to be exacerba ated by thiss proposal. The limiting of o hours of use for the publiic car park is not a currentt planning g conssideration as the zone is silent o on this form m of amenity and use e standard. The shopfront previously used to a access the e spare parts section n of Motorss does nott form m part of this applicattion. A new w access iss proposed d on the so outhern wa all.
2.
Noise e Com mments – Noise N is ano other ame enity issue that is silen nt in the D DIPS. The sttructure off the iinterim pla anning sch hemes wass not to du uplicate and include e measure es covered d by o other regulation. No oise is a su ubjective isssue and iti is ackno owledged that in an n urba an mixed use zone it can be e one of many amenity base ed concerns at the e interrface betw ween activities permittted in the e zone. It iss a matter that the applicant iss awa are of and d not something tha at will be ignored. Retrofittin ng of soun ndproofing g vy drapess will mitig mate erials in th he ceiling and heav gate these e concernss to some e exte ent. Some initial monitoring ma y need to be considered. The rrelationship p between n the prop perty owne ed by the re epresentorrs and the proposed d activ vity is indic cated below w on Figurre 3.
Figure 3 – DCC Dekho o January 2013
3.
Priva acy Com mments – Privacy P is only o a plan nning con nsideration for mixed use activ vities in thiss zone e if a reside ential use is i proposed d. There iss a genera al accepta ance that some s form m of adaptation will be required due e to the zo one objec ctive and tthe dynam mics of the e loca ality. ITEM 3.1
PAGE 13 m on 11 May M 2015 Report to special Council meeting
Figurre 4 below w indicates the interfa ace betwe een the Ce entral busin ness area, the urban n mixe ed use are ea and the e area pre edominantly residential in natu ure. The site s of the e prop posed churrch is circle ed.
Fig gure 4 – inte erface betw ween busine ess and resid dential. Pho oto source D DCC Archive 2009
4.
Lightt spill Com mments – The T only sig gnage pro oposed at this stage is a wall m mounted siign on the e eastern wall off similar sca ale and siz e to the ad djacent ‘p pandemon nium’ sign. Any otherr prop posal or va ariation will need to o be considered aga ainst the SSign Code e. Internall signa age not vissible from outside o the e site is exe empt from the Code..
The appliicant has provided details o on how an nd when the churc ch activities will be e conducte ed. This inc cludes hou urs of opera ation and frequency y of events . The com mpiled list iss reproduce ed below from f the application n.
ITEM 3.1
PAGE 14 m on 11 May M 2015 Report to special Council meeting
FINANCIAL IMPLICATIO ONS No financ cial implica ations are e predicted d unless a Planning Appeal iss lodged and legall representa ation is req quired.
RISK IMPLIC CATIONS No risk to Council is envisaged d as a resul t of determ mining this applicatio on.
CONCLUSIO ON The only e element of discretion n for the P Planning Authority A to o consider in this app plication iss whether tthe alterna ative car parking a arrangeme ent is acce eptable in n that it sa atisfies the e Performan nce Criteria a of the co ode standa ard. The repre esentors co oncerns ha ave been considered and con nditions an nd notes in the finall recomme endation have been included w where app propriate. This zone is on the periphery p of o the esta ablished bu usiness district and th here has to o be some e acknowle edgement that there e will be in nstances of o accepta able interfe erence an nd conflictt between commercial and residential us es.
ATTACHMENTS Nil
RECOMMENDATTION That Coun ncil, pursuant to the e provisionss of the De evonport Interim I Pla anning Sch heme 2013 3 and Secttion 57 an nd 58 of the t Land Use Planning and Approvals A Act 1993, approve e applicatio on PA2015 5.0033 and d grant a Permit to use land identified d as 7 Parker Street,, Devonporrt for the fo ollowing pu urposes:
Perm mitted - Co ommunity Meeting M & Entertainm ment (Churrch) & advvertising sig gnage
Discrretionary - assessme ent againsst performa ance crite eria of Trafffic Generrating and d Parkking Code for lesser car c spaces on site
Subject to o the follow wing condiitions: 1.
The use is to proceed generallyy in accordance with w the su ubmitted plans p and d supp porting info ormation, copies c of w which are attached and endo orsed as documents d s form ming part of this Plann ning Permitt. ITEM 3.1
PAGE 15 Report to special Council meeting on 11 May 2015
2.
The operator of the activity is to keep a written record of any environmental concern that is conveyed to them by a third party that in effect might give rise to a valid environmental infringement due to amplified music and other occasional church related activities and occupation beyond the submitted hours of operation.
Note: The following is provided for information purposes. THIS IS NOT A BUILDING PERMIT. You need to provide a copy of this planning permit to a registered Tasmanian Building Surveyor to ascertain what form of building certification is required for a change of use. Work cannot commence on any modifications and alterations until building permits are issued. In regard to condition 2 this log book is to be made available to Authorised Officers of Council upon demand. Details of events, times and dates and the nature of the alleged concern must form part of the minimum information kept.
Author: Position:
Shane Warren Planning & Environmental Coordinator
Health
Endorsed By: Position:
ITEM 3.1
Brian May Manager Development Services
PAGE 16 Report to special Council meeting on 11 May 2015
CLOSURE There being no further business the Mayor declared the meeting closed at
pm.