Agenda of City Infrastructure Committee Meeting

Item No. 6.1

Agenda (Open Portion)

City Infrastructure Committee Meeting

Page 8

25/1/2017

REPORT TITLE: ICAP AP14 - Salamanca Place between Montpelier Retreat and Gladstone Street - Pedestrian and Outdoor Dining Furniture

REPORT PROVIDED BY: Director City Infrastructure

Director City Planning

1. Report Purpose and Community Benefit

1.1. This report describes the issues discussed at an Aldermanic workshop held to discuss the potential arrangement of the placement of clear pedestrian paths and infrastructure to enable outdoor dining on the widened footpath of Salamanca Place that is to be constructed in April – July 2017.

1.2. The purpose of the report is to obtain direction from the Council on the future alignment of clear pedestrian paths on the Salamanca Place footpath, to enable the planning for the layout of outdoor dining areas and other associated infrastructure on the widened footpath to be undertaken prior to the completion of the widening works.

1.3. The community benefits of the proposal are that:

1.3.1. Maintaining a clear pedestrian path will benefit pedestrians, including pedestrians with disabilities.

1.4. Endorsement is sought for the proposal for allocation of space on the widened footpath to allow planning for officers and businesses with outdoor dining areas prior to the expected completion of the footpath widening works in mid 2017.

2. Report Summary

2.1. On 10 October 2016 the Council considered a report on the widening of the Salamanca Place footpath, between Gladstone Street and Montpellier Retreat, and resolved that the widening be undertaken.

2.2. The stakeholder engagement undertaken during the preparation of the design, and detailed in the reports provided in support of the design, demonstrated that there was strong support for the footpath widening itself, but differences of opinion in the community about how the widened footpath should be utilised after it is constructed.

2.3. Several businesses with outdoor dining, represented by the Tasmanian Hospitality Association, are strongly in favour of outdoor dining being placed against the building line, with a wide pedestrian path located between the outdoor dining areas and the parking area / carriageway;

2.4. Several businesses without outdoor dining are strongly in favour of a clear wide pedestrian path being located between the building line and the outdoor dining areas;

2.5. While there is not uniform agreement from all people in the community with disabilities, generally people with disabilities are strongly in favour of a clear and consistent path of travel being provided between the building line and any outdoor dining infrastructure.

2.6. At the 10 October meeting, where Council resolved to proceed with the widening of the footpath, it also resolved that a further report be provided, following further consultation and a workshop, on how the alignment of pedestrian paths and outdoor dining infrastructure on the widened footpath should be managed.

2.7. After further consideration of the feedback provided by stakeholders, a review of similar situations in Melbourne, and further consideration of the existing site constraints on Salamanca Place, the proposed used of the footpath recommended by officers has been changed from that described in the previous report. The revised proposal is summarised as follows:

2.7.1. In keeping with the existing Council resolution that clear pedestrian paths be provided and maintained next to the building line on streets that have been reconstructed, the main pedestrian path be provided between the building line and the outdoor dining areas.

2.7.2. In recognition that the clear pedestrian path between the building line and outdoor dining areas can be obstructed at times due to people stopping and talking to people in an adjacent dining area, looking in shop windows etc, the width of this clear pedestrian path be generally increased from 2.4 metres as originally proposed to 3 metres.

2.7.3. In recognition that ‘Irish Murphy’s’ has existing fixed and powered umbrellas situated on the footpath in front of its venue, the clear pedestrian path between the building line and the ‘Irish Murphy’s’ outdoor dining area be retained at 2.4 metres as originally proposed to allow the area under those umbrellas to continue to be utilised by the venue.

2.7.4. In recognition that the widening of the clear path against the building line will reduce the available additional area available to businesses with outdoor dining, the width of the clear secondary pedestrian path to be provided between parked cars and the dining areas be generally reduced from the 1.8 metres originally proposed to 1.5 metres.

2.7.5. In recognition that the widening of the clear path against the building line will reduce the available outdoor dining area for businesses during the Salamanca Market to less than the 2 metres of dining width that is required to utilise the rectangular style of table and chair sets owned and used by many of these businesses, the width of the clear pedestrian path against the building line be generally reduced from the 2.4 metres originally proposed to 2 metres during the periods of operation of the Salamanca Market.

2.7.6. In recognition that ‘Irish Murphy’s’ has existing fixed and powered umbrellas situated on the footpath in front of its venue, the clear pedestrian path proposed to be maintained between Salamanca Market stalls and outdoor dining infrastructure on Salamanca Market days be reduced from the 1.2 metres originally proposed to 0.6 metres adjacent to the ‘Irish Murphy’s’ outdoor dining area, to allow the area under those umbrellas to continue to be utilised by the venue.

2.7.7. In recognition of the concern raised about pedestrian sight distance when crossing from the eastern side of Gladstone Street to the median island, the corner of the outdoor dining area of ‘Irish Murphy’s’ closest to the roundabout at Salamanca Place / Gladstone Street be modified to ensure appropriate sight distance is maintained between a vehicle approaching on Salamanca Place and a pedestrian waiting to cross Gladstone Street.

2.8. Officers will work with occupation licence holders in the lead up to the proposed footpath reconstruction and widening works to ensure they are aware of the alterations to their outdoor dining spaces.

2.9. It is further proposed that an additional report be prepared discussing potential options for the future management of the footpath space on Salamanca Place between Kennedy Lane and Wooby’s Lane, where existing fixed umbrellas are located adjacent to the buildings.

3. Recommendation

That:

1. The alignment of pedestrian zones and areas for outdoor dining on footpaths reconstructed and widened as part of the Salamanca Pedestrian Works Project, be implemented generally as shown on the Attachment E titled ‘Salamanca Place Footpath Widening Concept Plan’ dated 16 January 2017 with a pedestrian path adjacent to the building line, to the satisfaction of the General Manager.

2. Stakeholders who have provided comment on the proposed usage of the widened footpath be so advised.

3. A further report be provided on options for the future treatment of the section of footpath on the southern side of Salamanca Place between Kennedy Lane and Wooby’s Lane including the option of locating the pedestrian path along the building line.

4. Background

4.1. The City Infrastructure Committee considered the potential widening of the footpath on the southern side of Salamanca Place at its meeting held on 9 December 2015, and on 21 December 2015 the Council resolved the following:

“That: 1. A review be undertaken of the pedestrian, vehicular traffic and stakeholder implications of the proposal to widen the pedestrian footpath on the southern side of Salamanca Place, between Montpelier Retreat and Gladstone Street including:

(i) Opportunities for improving the pedestrian crossing facility at Montpelier Retreat through improved surface treatments and kerb realignment;

(ii) An analysis of the road safety impacts, for pedestrians and vehicular traffic, of the proposed alterations;

(iii) An analysis of the pedestrian amenity benefits that may be achieved by the proposed alterations;

(iv) An analysis of the impact, if any, on on-street parking of the proposal;

(v) An analysis of the anticipated impact of the proposal on frontage properties, and the Salamanca Market;

(vi) The results of an initial consultation with key stakeholders; and;

(vii) A detailed preliminary cost estimate for the civil works and construction associated with the proposal.

2. The outcome of the review be the subject of a further report.

3. The Council not allow additional permanent umbrellas to be placed in the widened footpath proposed for Salamanca Place between Montpelier Retreat and Gladstone Street.”

4.2. Following the undertaking of the review, and consultation with stakeholders, a proposal was reported to the September 2016 City Infrastructure Committee, and on 10 October 2016 the Council resolved the following:

“That: 1. Subject to detailed design and planning approval, the footpath widening component first stage of the Salamanca Pedestrian Works, as shown as Stage 1 on Figure 1, Salamanca Pedestrian Works draft 12.09.2016 in Attachment D, be constructed utilising the $500,000 available in the approved works program for the 2016-17 financial year.

2. The alignment of the pedestrian zones and potential areas for outdoor dining on the widened footpath be subject to a workshop and further report, that considers:

(i) The implications for traders with outdoor dining, traders without outdoor dining;

(ii) The implications for pedestrians, including those with disabilities.

3. The Council’s Access Advisory Committee and other relevant stakeholders be consulted in relation to any potential access issues, prior to the workshop being conducted.

4. The design of the Stage 2 works at the intersection of Salamanca Place and Montpelier Retreat, along with the identification of a future funding source for those works, be the subject of a further report.”

4.3. This report addresses Part 2 of the resolution of 10 October 2016.

4.4. For context, the City Infrastructure Committee, and the Hobart City Council considered a report on the future management of furniture on footpaths in October 2015. At its meeting of 12 October 2015, the Council resolved inter alia as follows:

“That: 1. The General Manager be authorised to modify the management of commercial furniture and infrastructure on public footpaths towards a best practice model approach, where such furniture and signage is only permitted if it does not interfere with the safe and equitable movement of pedestrians along that public footpath, specifically:

(i) Applications for new occupation licences for outdoor dining, or applications to install other private infrastructure on the Council managed footpaths, only be approved if the installation of that furniture or infrastructure would not obstruct the future maintenance of a clear pedestrian path adjacent to the property boundary, although in an area adjacent to other existing licensed areas, a licence may be granted for the area adjacent to the building line to avoid “weaving” of the pedestrian path. Alternatively a business may apply for the conversion of the parking spaces in front of their business into outdoor dining; and

(ii) In locations where footpath infrastructure is upgraded or renewed, existing occupation licence areas and signboards be relocated away from the building line following completion of the works.”

4.5. The direction in the report provided to Committee in September 2015, and endorsed by the City of Hobart at its meeting held on 12 October 2015 was clear. It was essentially that the City of Hobart would move towards a ‘best practice’ model approach regarding infrastructure on public footpaths. This ‘best practice’ model, as described in that report was that pedestrians be provided with a clear an unobstructed path of travel adjacent to the building line.

4.6. Since October 2015, following the completion of reconstruction works, furniture and signage has been relocated away from the building line, on the following streets:

4.6.1. Liverpool Street (between Elizabeth Street and Murray Street); and

4.6.2. Morrison Street (between Elizabeth Street and Murray Street).

4.7. Photograph 1 and Photograph 2, below, shows the streetscape in Morrison Street and Liverpool Street following the recent upgrades.

Photograph 1 – Morrison Street following Footpath Upgrade

Photograph 2 – Liverpool Street following Footpath Upgrade

4.8. Currently works are underway on the reconstruction of the Sandy Bay Shopping Precinct, and following the completion of those works, it is planned that the same process will be undertaken in that area.

4.9. The planning for the widening of the footpath on Salamanca Place between Gladstone Street and Montpelier Retreat also included the relocation of outdoor dining furniture and signage away from the building line.

4.10. Following a process of engagement with key stakeholders a concept design was recommended to the City Infrastructure Committee at its meeting held on 21 September 2016. A copy of those plans (Figure 1 to 4) are contained in Attachment A to this report.

4.11. After considering the matter, the Council at its meeting held on 10 October 2016, approved the widening of the footpath, but asked for a further report on the potential usage of the widened footpath, following further engagement with the Access Advisory Committee and other stakeholders, and the holding of an Aldermanic workshop.

4.12. A special meeting of the Access Advisory Committee was held on 14 November 2016 to discuss the proposal, and to provide comment. The minutes of that meeting form Attachment B to this report.

4.13. The engagement with stakeholders and the feedback received from key stakeholders is documented and summarised in the Stakeholder Feedback Report that forms Attachment C to this report.

4.14. A workshop was held on 7 December 2016. Representatives of key stakeholders were invited to present at the workshop. Presentations were made by the following representatives:

4.14.1. Mr David Quinn on behalf of the Waterfront Business Community;

4.14.2. Mr Anthony McConnon on behalf of the Tasmanian Hospitality Association;

4.14.3. Ms Rebecca Olsen on behalf of Toys to Enjoy and the Galleria Building; and

4.14.4. Mr Michael Small on behalf of the Hobart Access Advisory Sub-Committee.

4.15. Three of these presenters provided copies of their presentations, which have been included in the Stakeholder Feedback Report.

4.16. Attachment D contains a review of potential options for managing the alignment and width of pedestrian and dining zones on the subject section of Salamanca Place.

5. Proposal and Implementation

5.1. The main ongoing issues raised during the stakeholder engagement processes for the widening of the Salamanca Place footpath have related to how the space on the widened footpath would be allocated between pedestrian zones and zones for outdoor dining infrastructure.

5.2. Submissions on behalf of several businesses with outdoor dining asked that a clear pedestrian zone not be provided on the footpath directly adjacent to the building line, so that they could have an outdoor dining area on the footpath directly adjacent to the building, with pedestrians on the footpath walking around the outside of the outdoor dining area (i.e. between the outdoor dining area and the road proper, in an arrangement similar to that currently in place at businesses such as ‘Maldini’, ‘Jack Greene’, ‘Cargo’ and ‘Grape’).

5.2.1. There are concerns from some businesses with outdoor dining that they would be at a competitive disadvantage to other businesses in Salamanca Place who currently have large dining areas located directly adjacent to the building frontage.

5.2.2. There are also concerns from some businesses with outdoor dining that if the clear pedestrian path is located adjacent to the building line, it will create a health and safety issue for staff moving out of the door of the business with food and drinks to serve to customers, who need to pass through a moving stream of pedestrians on the footpath.

5.3. Photograph 3, below, shows the streetscape on Salamanca Place between Wooby’s Lane and Kennedy Lane.

Photograph 3 – Salamanca Place (Wooby’s Lane to Kennedy Lane)

5.4. Submissions on behalf of several retail businesses, asked that the pedestrian zone be against the building line and be wide, so that pedestrians are not either required or encouraged to walk on the footpath between the outdoor dining areas and the road.

5.4.1. There are concerns from some businesses that if pedestrians were encouraged or required to walk away from the building line, there would be a negative impact on trade due a reduction in pedestrian traffic past the doors and windows of those businesses.

5.5. Submissions on behalf of the City of Hobart’s Access Advisory Sub-Committee and the various advocacy bodies represented on that group, asked that a clear and wide accessible path of travel be maintained against the building line.

5.5.1. There are concerns from representatives of the accessible community that requiring pedestrians to move away from the building line and around the outside of outdoor dining areas would make moving along the Salamanca Place footpath and moving into and out of adjacent premises more difficult and less safe for the majority of pedestrians with disabilities.

5.5.2. There are also concerns from representatives of the accessible community that should the Council permit the placement of outdoor dining furniture on the footpath adjacent to the building line, the Council would deviate from its current commitment to progressively move to a ‘best practice’ approach where clear and accessible paths of travel are maintained adjacent to building lines on footpaths in the City of Hobart.

5.5.3. This is of significant concern to representatives of the accessible community, who strongly support the commitment of the City of Hobart to progressively move towards provision of clear paths of travel adjacent to building lines, as a means of improving the comfort, safety, dignity and independence of members of the accessible community, and as a means of the City of Hobart addressing its obligations under the Disability Discrimination Act.

5.6. After considering these matters, and following inspection of current practice in outdoor dining precincts in Melbourne, it is the advice of officers that:

5.6.1. Maintaining a clear path of travel for pedestrians against the building line represents not only the best practice for pedestrians who are using the public footpath, it is standard practice in major outdoor dining precincts in Melbourne, including Lygon Street in the City of Melbourne, Ackland Street in the City of Port Phillip and Nelson Place in the City of Hobsons Bay.

5.6.2. Venues which choose to operate outdoor dining areas and provide table service will have an additional issue to manage if outdoor dining areas are positioned away from the building line, as staff exiting the building to serve customers in the outdoor dining area will need to take care crossing pedestrians on the footpath.

5.6.3. The maintenance of a clear pedestrian path adjacent to the building line is noted as being standard practice in major outdoor dining precincts in Melbourne. In Hobart, The Customs House Hotel in Morrison Street, and Cultura in Liverpool Street are venues who have been required to keep the footpath clear in front of the venues, and who appear to be managing this situation successfully.

5.6.4. Photographs 1 and 2 show the streetscape at Liverpool Street and Morrison Street in Hobart. Photographs 4, 5 and 6 show the streetscape at Lygon Street in the City of Melbourne, Ackland Street in the City of Port Phillip, and Nelson Place in the City of Hobsons Bay.

Photograph 4 – Lygon Street Streetscape

Photograph 5 – Ackland Street Streetscape

Photograph 6 – Nelson Place Streetscape

5.6.5. The primary purpose of the public footpath on Salamanca Place, and the primary responsibility of the City of Hobart, is to ensure that the footpath is maintained such that it is available for the movement of pedestrian traffic through the area and into and out of frontage properties.

5.6.6. The most appropriate position for the clear pedestrian path is between the building line and the outdoor dining areas, as this alignment best serves the interest of pedestrians using the footpath and / or seeking to access frontage properties.

5.6.7. This clear pedestrian path would provide functional access for pedestrians along the footpath at widths of 1.8 metres and higher, but the more width is provided, the greater the level of comfort and amenity for pedestrians.

5.6.8. If the width of the clear pedestrian path is increased significantly, there begin to be constraints on the potential usage of remaining space for outdoor dining, in the form of the existing fixed umbrella infrastructure at ‘Irish Murphy’s’, and the occupation of part of the footpath area by the Salamanca Market on Saturdays.

5.6.9. Photograph 7, below, shows the existing pedestrian footpath on Salamanca Place at ‘Irish Murphy’s’.

Photograph 7 – Salamanca Place at ‘Irish Murphy’s’

5.7. After considering these matters, as described in Attachment D, the revised proposal is summarised as follows:

5.7.1. In keeping with the existing Council resolution that clear pedestrian paths be provided and maintained next to the building line on streets that have been reconstructed, the main pedestrian path be provided between the building line and the outdoor dining areas.

5.7.2. In recognition that the clear pedestrian path between the building line and outdoor dining areas can be obstructed at times due to people stopping and talking to people in an adjacent dining area, looking in shop windows etc, the width of this clear pedestrian path be generally increased from 2.4 metres as originally proposed to 3 metres.

5.7.3. In recognition that ‘Irish Murphy’s’ has existing fixed and powered umbrellas situated on the footpath in front of its venue, the clear pedestrian path between the building line and the ‘Irish Murphy’s’ outdoor dining area be generally retained at the 2.4m as originally proposed, to allow the area under those umbrellas to continue to be utilised by the venue.

5.7.4. In recognition that the widening of the clear path against the building line will reduce the available additional area available to businesses with outdoor dining, the width of the clear secondary pedestrian path to be provided between parked cars and the dining areas be generally reduced from the 1.8 metres originally proposed to 1.5 metres.

5.7.5. In recognition that the widening of the clear path against the building line will reduce the available outdoor dining area available to businesses during the Salamanca Market to less than the 2 metres of dining width that is required to utilise the rectangular style of table and chair sets owned and used by many of these businesses, the width of the clear pedestrian path against the building line be generally reduced from the 2.4 metres originally proposed to 2 metres.

5.7.6. In recognition that ‘Irish Murphy’s’ has existing fixed and powered umbrellas situated on the footpath in front of its venue, the clear pedestrian path proposed to be maintained between Salamanca Market stalls and outdoor dining infrastructure on Salamanca Market days, be reduced from the 1.2 metres originally proposed to 0.6 metres adjacent to the ‘Irish Murphy’s’ outdoor dining area, to allow the area under those umbrellas to continue to be utilised by the venue.

5.7.7. In recognition of the concern raised about pedestrian sight distance when crossing from the eastern side of Gladstone Street to the median island, the corner of the outdoor dining area of ‘Irish Murphy’s’ closest to the roundabout at Salamanca Place / Gladstone Street be modified to ensure appropriate sight distance is maintained between a vehicle approaching on Salamanca Place and a pedestrian waiting to cross Gladstone Street.

5.8. The proposal is detailed in the figure ‘Salamanca Place Footpath Widening Concept Plan’ dated 16.01.2017 marked as Attachment E to this report.

5.9. To implement the proposal, the following would be undertaken:

5.9.1. Current occupation licence holders would be contacted by officers to arrange a meeting on site to describe the options available to them.

5.9.2. Occupation licence holders who currently place non-permanent umbrellas on the Salamanca Place footpath (or who have an interest in doing so in the future) would be asked to identify suitable locations for these to be placed, such that suitable mounting points can be placed in the footpath surface during the construction of the new footpath surface. These mounting points will be provided such that when the umbrellas (or other furniture) are removed, the footpath surface is clear of trip hazards.

5.9.3. Prior to the opening of the new footpath, revised occupation licences would be issued for the new areas of occupation, and in the event that the overall area licensed has changed, the fees that have been paid would be reconciled appropriately in accordance with the Council’s fees and charges.

5.10. To address concerns about the equality of treatment of businesses with outdoor dining occupation licence permits on Salamanca Place, a further report outlining options for the future treatment of outdoor dining be prepared for the consideration of the City Infrastructure Committee.

6. Strategic Planning and Policy Considerations

6.1. Goal 2 – Urban Management, Strategic Objective 2.2 from the Capital City Strategic Plan 2015-2025 is relevant in considering this proposal:

“A people focused city with well designed and well managed urban and recreational spaces.”

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. None are foreseen.

7.2. Impact on Future Years’ Financial Result

7.2.1. None are foreseen.

7.3. Asset Related Implications

7.3.1. None are foreseen.

8. Legal, Risk and Legislative Considerations

8.1. Section 23 of the Federal Disability Discrimination Act 1992 and Section 22 of the Tasmanian Anti-Discrimination Act 1998 describe responsibilities for the provision of access for people with disabilities.

8.2. Section 23 of the Disability Discrimination Act 1992 states:

“It is unlawful for a person to discriminate against another person on the ground of the other person’s disability:

(a) by refusing to allow the other person access to, or the use of, any premises that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not); or

(b) in the terms or conditions on which the first‑mentioned person is prepared to allow the other person access to, or the use of, any such premises; or

(c) in relation to the provision of means of access to such premises; or

(d) by refusing to allow the other person the use of any facilities in such premises that the public or a section of the public is entitled or allowed to use (whether for payment or not); or

(e) in the terms or conditions on which the first‑mentioned person is prepared to allow the other person the use of any such facilities; or

(f) by requiring the other person to leave such premises or cease to use such facilities.”

8.3. The Australian Human Rights Commission is of the opinion that a public footpath under the management of a local government authority is a “premises” under the definition of Section 23 of the Disability Discrimination Act, and that formal complaints to the Commission may be made against a Local Government Authority under either Section 23 or Section 122 of the Disability Discrimination Act 1992.

8.4. The Australian Human Rights Commission gives two examples of complaints that they have considered and conciliated:

“A women who has a vision impairment complained that her local Council was failing to enforce its policies on footpath access against shops that were encroaching onto the footpath with displays. The matter was settled when the Council agreed to issue warnings to businesses identified in the complaint and to revise its policy in consultation with people with disabilities”.

”A man who uses a wheelchair complained that footpaths in his area were difficult and dangerous to negotiate because of bumps, tree roots and café tables and chairs. The matter was settled when the council advised that it has adopted a footpath trading policy requiring clear lines of passage for people with mobility or vision impairments, and had prioritised capital works for footpath repairs”.

8.5. In the event that the Australian Human Rights Commission is not able to conciliate an agreement, the complainant can take their complaint to the Federal Court or Federal Magistrates Court.

9. Community and Stakeholder Engagement

9.1. There has been significant engagement with key stakeholders during the preparation of the concept plans as detailed in the previous reports prepared on the footpath widening works.

9.2. Prior to the preparation of this report, consultation has been undertaken with the City of Hobart’s Access Advisory Committee, and further comment has been obtained from stakeholders who presented to the Aldermanic workshop held to discuss the use of the footpath. The additional feedback is discussed in the Stakeholder Feedback Report forming Attachment C to this report.

10. Delegation

10.1. The Manager Development Compliance, Manager Traffic Engineering and all positions to which those two officers report have delegation to issue occupation licences to permit the placement of infrastructure for the purpose of outdoor dining on footpaths under the management of the Hobart City Council.

10.2. This report responds to a resolution of the Council, and as such it is appropriate that the matter be considered by the Council.

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

Mark Painter

Director City Infrastructure

Neil Noye

Director City Planning

Date: 20 January 2017

File Reference: F17/3967; R0817

Attachment a: Concept Design - September 2016 ⇩

Attachment b: Access Advisory Committee - Minutes - Streetscapes Sub-Committee - Salamanca Footpath Widening - 14/11/2016 ⇩

Attachment c: Stakeholder Feedback Report - Salamanca Pedestrian Works - 16 January 2017 ⇩

Attachment d: Pedestrian and Outdoor Dining Zone (Salamanca Place, Southern Footpath) - January 2017 ⇩

Attachment e: Salamanca Place Footpath Widening Concept Plan 16.01.17 ⇩

Item No. 6.3

Agenda (Open Portion)

City Infrastructure Committee Meeting

Page 87

25/1/2017

REPORT TITLE: Local Government (Highways) Act 1982 - Officer Delegations

REPORT PROVIDED BY: Group Manager Infrastructure Planning

Director City Infrastructure

1. Report Purpose and Community Benefit

1.1. The Council’s municipal map requires amendments to ensure that the record of the Council’s statutory road maintenance responsibilities is kept up to date.

1.2. Many of the changes are of an administrative nature, to correct errors or reflect the actual status of a highway in practice.

1.3. This report seeks the Council’s approval to delegate powers under the Local Government (Highways) Act 1982 to relevant officers to enable the approval of amendments to road maintenance status that are of an administrative nature to correct anomalies or have negligible impacts to improve operational efficiency.

2. Report Summary

2.1. A report is provided to the Council on about an annual frequency seeking approval to amend the municipal map in regard to the Council’s statutory road maintenance responsibilities.

2.2. Under section 208 of the Local Government Act 1993 it is the responsibility of the General Manager to keep the map up to date, however changes to road maintenance status require approval by the Council under the Local Government (Highways) Act 1982.

2.3. Many of these changes have negligible impacts and are of an administrative or operational nature to correct errors, rectify anomalies or reflect the actual status of a road in practice.

2.4. It is proposed that Council officers be delegated powers under the Local Government (Highways) Act 1982 to amend the maintenance status of highways to improve operational efficiency. Any proposed changes to road maintenance status with significant impacts would continue to be referred to the relevant Committee for consideration.

3. Recommendation

That pursuant to Section 124 of the Local Government (Highways) Act 1982, the delegation of powers to Council officers, marked as Attachment B to this report, be approved.

4. Background

4.1. The Local Government Act 1982 states that the General Manager shall keep up to date a council’s municipal map, including all local highways maintainable by the council and all roads that an owner is liable to maintain, along with other road related aspects and declared landslip areas.

4.2. The Local Government (Highways) Act 1982 concerns “the functions of the corporations of municipalities with respect to highways and certain other ways and places open to the public.”

4.3. A report is provided to the Council on approximately an annual frequency to seek approval for proposed changes to the municipal map that have been identified over the preceding 12 month period. The most recent example of this report is provided as Attachment A to this report.

4.4. The report is not to seek approval to amend the municipal map, which is a responsibility of the General Manager under the Local Government Act 1993, but to seek approval for any proposed amendments to road maintenance status.

4.5. Most of the changes sought through the report are of an administrative or operational nature, largely correcting errors or addressing anomalies that officers have identified in the preceding 12 months. These changes have negligible impacts on the Council or landowners as they are seeking to address the current circumstances and ensure that these are reflected in the municipal map.

4.6. It is proposed that these types of changes be approved at the Council officer level, through delegation of the relevant powers by the Council.

4.7. Any proposed changes with significant impacts on the Council or stakeholders would still be referred to the Council for approval.

4.8. As is the case with other delegated powers, should delegated officers elect not to use their delegated authority then the matter would be referred to the relevant Committee for determination. Similarly, the Council may choose to ‘call in’ a matter where an officer may have an existing delegation.

4.9. The proposed changes to delegations do not extend to the sale or disposal of land, which is covered by section 22 of the Local Government Act 1993, only to the highway status of the land.

4.10. If approval is granted to delegating the powers noted in the following section, then amendments could be made to the municipal map in a more timely fashion.

5. Proposal and Implementation

5.1. It is proposed that a number of officer delegations be made pursuant to section 124 of the Local Government (Highways) Act 1982, as detailed below.

5.2. To make or open highways, and, in the municipality, widen or extend a local highway maintainable by the corporation, subject to providing notice to the Transport Commission, pursuant to section 6 of the Act.

5.2.1. Be delegated to the General Manager and Director City Infrastructure.

5.3. To approve the dedication of land in a city or town as highway, subject to providing notice to the Transport Commission, pursuant to section 7 of the Act.

5.3.1. Be delegated to the General Manager and Director City Infrastructure.

5.4. To declare that land which is not a highway shall become a highway maintainable by the corporation, with the decision to be published in the Gazette, pursuant to section 12 of the Act.

5.4.1. Be delegated to the General Manager and Director City Infrastructure.

5.5. To close or divert a local highway or part of a local highway for the public benefit, in the interests of public safety or because of lack of use, subject to notification of owners and occupiers affected, the Transport Commission, and through public notices, pursuant to section 14 of the Act.

5.5.1. Be delegated to the General Manager and Director City Infrastructure.

5.6. The proposed revised instruments of delegation, incorporating the existing delegations, form Attachment B to this report.

5.7. Upon determination by the Council, the amendments to the delegations will be reflected in the Council’s Delegations Register.

6. Strategic Planning and Policy Considerations

6.1. Goal 5 – Governance is relevant in considering this proposal.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. Not applicable.

7.2. Impact on Future Years’ Financial Result

7.2.1. Not applicable.

7.3. Asset Related Implications

7.3.1. Not applicable.

8. Legal, Risk and Legislative Considerations

8.1. This is essentially a procedural matter which enables the Council’s powers under section 124 of the Local Government (Highways) Act 1982 regarding highway status to be delegated to the appropriate officers to achieve operational efficiencies.

9. Community and Stakeholder Engagement

9.1. The Manager Road and Environmental Engineering and Road Services Engineer have been consulted in the preparation of this report.

9.2. The Legal Services Officer has been consulted and provided advice that the proposed delegations can be made by the Council if it so decides.

10. Delegation

10.1. This matter is delegated to the Council.

Scott Morgan

Group Manager Infrastructure Planning

Mark Painter

Director City Infrastructure

Date: 20 January 2017

File Reference: F17/204; 10-4-1

Attachment a: Report - City Infrastructure Committee - 26 October 2016 - Amendments to the Municipal Map ⇩

Attachment b: Amended Council Delegation - General Manager and Director City Infrastructure ⇩

about people	We value people – our community, our customers and colleagues.
professional	We take pride in our work.
enterprising	We look for ways to create value.
responsive	We’re accessible and focused on service.
inclusive	We respect diversity in people and ideas.
making a difference	We recognise that everything we do shapes Hobart’s future.