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Agenda (Open Portion) Council Meeting |
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APOLOGIES AND LEAVE OF ABSENCE
3. Communication from the Chairman
4. Notification of Council WorKshops
7. Consideration of Supplementary Items
8. Indications of Pecuniary and Conflicts Of Interest
9. Council Acting as Planning Authority
10. Visitor Accommodation - Proposed Interim Planning Directive
Community, Culture and Events Committee
11. Playful City Public Art Project
12. 2017-18 Fees and Charges - Salamanca Market
13. Five year review of Salamanca Market Stallholder Licence Agreement
Economic Development & Communications Committee
15. Sandy Bay Bathing Pavilion Update
Parks and Recreation Committee
17. Moss Beds Road, Mountain River (Wellington Park) - Proposed Licence Agreement
Special Report – General Manager
18. Professional Development Application - Alderman Sexton
19. Australia Day National Conference 2017 - Adelaide 25-26 July - Aldermanic Nominations
20. Closed Portion Of The Meeting
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Agenda (Open Portion) Council Meeting |
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A meeting of the Open Portion of the Council will be held in the Council Chamber, Town Hall on Monday, 19 June 2017 at 5.00 pm.
N D Heath
General Manager
ALDERMEN: Lord Mayor S L Hickey Deputy Lord Mayor R G Christie Alderman M Zucco Alderman J R Briscoe Alderman E R Ruzicka Alderman P T Sexton Alderman H C Burnet Alderman P T Cocker Alderman D C Thomas Alderman A M Reynolds Alderman T M Denison Alderman W F Harvey |
APOLOGIES: Nil.
LEAVE OF ABSENCE: Deputy Lord Mayor R G Christie.
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The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 5 June 2017, finds them to be a true record and recommends that they be taken as read and signed as a correct record.
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Are there any items, which the meeting believes, should be transferred from this agenda to the closed agenda or from the closed agenda to the open agenda, in accordance with the procedures allowed under Section 15 of the Local Government (Meeting Procedures) Regulations 2015?
In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the General Manager reports that no Council workshops have been conducted since the last ordinary meeting of the Council.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Council resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2015.
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Aldermen are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the committee has resolved to deal with.
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Reports of Committees
In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Council to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.
In accordance with Regulation 25, the Council will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.
The Council is reminded that in order to comply with Regulation 25(2), the General Manager is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.
9.1 Salamanca Square and Castray Esplanade, Battery Point and 3 Argyle Street, Morrison Street, 3 Morrison Street, Hobart - Signage
PLN-17-288 - File Ref: F17/57255
Ref: Open CP 7.1.1, 13/06/2017
Application Expiry Date: 14 July 2017
Extension of Time: Not applicable
Pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for Signage at Salamanca Square and Castray Esplanade, Battery Point and 3 Argyle Street, Morrison Street and 3 Morrison Street, Hobart for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 13 June 2017, and a permit containing the following conditions be issued:
GEN
The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN17288 SALAMANCA SQUARE CASTRAY ESPLANADE BATTERY POINT TAS 7004 3 ARGYLE STREET MORRISON STREET 30 MORRISON STREET HOBART TAS 7000 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
ADVICE
The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
WORK WITHIN THE HIGHWAY RESERVATION
Please note development must be in accordance with the Hobart City Council’s Highways By law. Click here for more information.
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9.2 188 Strickland Avenue and Adjacent Road Reserve, South Hobart - Multiple Dwellings and Vegetation Clearance
PLN-16-1112 - File Ref: F17/57210
Ref: Open CP 7.2.1, 13/06/2017
Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for Multiple Dwellings and Vegetation Clearance at 188 Strickland Avenue and Adjacent Road Reserve, South Hobart for the reasons outlined in the officer’s report attached to item 7.2.1 of the Open City Planning Committee agenda of 13 June 2017, and a permit containing the following conditions be issued:
GEN
The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN161112 188 Strickland Avenue, South Hobart Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
TW
The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2016/01565HCC dated 24 March 2017 as attached to the permit.
Reason for condition
To clarify the scope of the permit.
ENG sw4
The development (all impervious areas including roofs, driveways, parking and maneuvering areas) must be drained to the Council stormwater infrastructure. New stormwater connections must be constructed at the owner’s expense and any proposed abandoned stormwater connections sealed by the Council at the owner’s expense, prior to first occupation.
Detailed engineering design drawings must be submitted and approved by the Council's Director City Infrastructure, prior to obtaining any plumbing Certificate of Likely Compliance under the Building Act 2016.
The design drawing for the proposed stormwater connection to Strickland Avenue Table Drain must:
· Include the location of the proposed stormwater connection;
· Include the size of the proposed stormwater connection appropriate to satisfy the needs of the development
· Include the material of the proposed stormwater connection the Council and private stormwater infrastructure
· Ensure that stormwater flows exiting the outfall are dissipated and contained within the table drain
All work required by this condition must be undertaken in accordance with the approved design drawings.
Advice: Once the detailed engineered drawings have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Please note that once the condition endorsement has been issued you will need to contact the Council’s City Infrastructure Unit to initiate an application for service connection.
Reason for condition
To ensure the site is drained adequately.
ENG sw7
Stormwater pretreatment and detention tanks for storm water discharges from the development must be installed prior to first occupation.
A stormwater management design must be submitted and approved by Council's Director City Infrastructure, prior to obtaining any plumbing Certificate of Likely Compliance under the Building Act 2016. The stormwater management design must:
· Be prepared by a suitably qualified person
· Provide detailed design of the detention tank showing the:
· Layout of the inlet and outlet diameter/invert level
· Details of the overflow mechanism and invert level
· Including supporting calculations showing the emptying times for the specified detention tank and outlet size
· Provide detailed design of the stormwater pretreatment showing compliance with the required stormwater quality targets
All work required by this condition must be undertaken in accordance with the approved design.
Advice:
· Once the design has been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement)
· It is advised that documentation for condition endorsement is lodged well before a Building Permit is required, as failure to address design requirements until Building Application stage may result in unexpected delays
Reason for condition
To avoid the possible pollution of drainage systems and natural watercourses, and to comply with relevant State legislation.
ENG 2
Vehicle safety barriers where required by Australian Standard AS/NZS2890.1:2004, compliant with AS/NZS1170.1:2002 must be installed prior to the first occupation.
If barriers are not required by AS/NZS2890.1:2004; a report, prepared by a suitably qualified person, demonstrating that barriers are not required must be submitted and approved by Council prior to the issuing of any Certificate of Likely Compliance under the Building Act 2016.
If vehicle safety barriers are required, a certified vehicle crash barrier design (including site plan with proposed location(s) of installation), prepared by a suitably qualified Engineer, to satisfy the above requirements, must be submitted and approved by Council prior to the issuing of any Certificate of Likely Compliance under the Building Act 2016. All works, required by this condition must be undertaken in accordance with certified design.
Prior to the issuing of any Occupancy or Completion Certificate under the Building Act 2016, barriers must be inspected by a qualified engineer and certification submitted to Council, confirming that the installed barriers comply with the above requirement.
Advice:
· If vehicle safety barriers are not required due to a drop of less than 600mm, the designers should make this clear on the drawings to help avoid unnecessary delays in building approval
· If wheelstops (i.e kerb 90 to 110mm high) are not required due to a drop of less than 150mm, the designers should make this clear on the drawings to help avoid unnecessary delays in building approval
· Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the NCC2016 are also required: http://www.abcb.gov.au/Resources/NCC. Council do not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3
· Once the design drawing has been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement)
· It is advised that documentation for condition endorsement is lodged well before a Building Permit is required, as failure to address design requirements until Building Application stage may result in unexpected delays.
Reason for condition
To ensure that the safety of users of the driveway/parking and compliance with the standard.
ENG 14
Prior to the issuing of any Completion or Occupancy Certificate under the Building Act 2016, documents signed by a suitably qualified engineer, certifying the driveway / parking area / manoeuvring area / access / crossover has been constructed in accordance with the planning permit design drawings, must be lodged with the Council.
Reason for condition
To ensure that the access and parking layout for the development is constructed to accepted standards.
ENG 1
The cost of repair
of any damage to the Council infrastructure resulting from
the implementation of this
permit, must be met by the owners within 30 days of
the completion of the development or as otherwise determined by the Council. A photographic record of the Council infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.
A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, pre existing damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council infrastructure found on completion of works will be deemed to be the responsibility of the owner.
Reason for condition
To ensure that any of the Council infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.
ENG s1
A revised detailed engineering design drawing of the driveway (Drawing 0195 Sheet 3 and 5 of 6) must be submitted and approved, prior to obtaining any Certificate of Likely Compliance under the Building Act 2016.
The revised detailed engineering design drawings must include:
1. Traffic management device (speed hump) including deliniation in accordance with AS/NZ2890.1 Section 4.9 Type 2 hump at the property boundary.
2. Mountable kerb in accordance with (IPWEA) LGAT – standard drawing TSDR14v1 kerb type KCM2 along the entire north western side of the driveway adjacent to 186b Strickland Avenue boundary.
3. Passing bay between the driveway access to 186b Strickland Avenue and the lot proper.
Advice: It is recommended that long sections of the adjacent property driveway works (to match existing driveways for adjacent properties which share the access off Strickland Avenue) are undertaken prior to construction to ensure the works complies with AS/NZ2890.1 and planning application drawing 0195R1 Sheet 3 of 6 note 6. Failure to comply with these requirements may result in an additional planning permit being required.
Reason for condition
To ensure exiting vehicle speeds are checked prior to driveway confluence with adjacent driveways sharing the access to Strickland Avenue and to ensure access to 186b Strickland Avenue via the Right of Way over 188 Strickland Avenue is maintained along the entire Right of Way.
ENV 9
All trees must be retained other than the trees identified for removal on the Tree Removal Plan by Henry Design and Consulting dated October 2016 (drawing number H16001A19 Rev A) and the Driveway and Services Plan by D Pretyman Survey & Civil Drafting dated March 2016.
Reason for condition
To ensure the use/development minimises impact upon biodiversity values.
ENV 10
The trees to be retained on the lot must be protected in accordance with Australian Standard AS 4970 Protection of trees on development sites, except that determined tree protection zones may be delineated by barrier tape securely attached to posts rather than fencing.
Reason for condition
To ensure the use/development minimises impact upon biodiversity values.
ENV 15
All construction vehicles and machinery must be effectively cleaned of soil before entering the property.
Soil cleaned from construction vehicles and machinery must not be allowed, either directly or indirectly, to enter waterways or the Council’s stomwater system.
Note: further information on effective measures for washdown can be found here.
Reason for condition
To minimise the spread of weeds and pathogens.
ENV 2
Sediment and erosion control measures, in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.
A SWMP must be submitted and approved, prior to the commencement of work. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.
All work required by this condition must be undertaken in accordance with the approved SWMP.
Advice: Once the SWMP has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).
Reason for condition
To avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.
ADVICE
The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
CONDITION ENDORSEMENT
As condition endorsements are required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition, via the Condition Endorsement Submission on Council's online eservice portal.
Once approved, the Council will respond to you via email that the condition(s) has been endorsed (satisfied). Detailed instructions can be found here.
BUILDING PERMIT
Building permit in accordance with the Building Act 2016. Click here for more information.
PLUMBING PERMIT
Plumbing permit in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.
OCCUPATION OF THE PUBLIC HIGHWAY
Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.
NEW SERVICE CONNECTION
New service connection (please contact the Hobart City Council's City Infrastructure Division to initiate the application process).
STORM WATER Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Hydraulic Services By law. Click here for more information.
WORK WITHIN THE HIGHWAY RESERVATION Please note development must be in accordance with the Hobart City Council’s Highways By law. Click here for more information.
ACCESS Designed in accordance with LGAT IPWEA – Tasmanian standard drawings. Click here for more information.
The Environmental Development Planner has advised that the design specifications for the driveway appear to be inconsistent with the requirements of the submitted bushfire report.
CROSS OVER CONSTRUCTION The construction of the crossover can be undertaken by the Council or by a private contractor, subject to Council approval of the design. Click here for more information.
STORMWATER / ROADS / ACCESS Services to be designed and constructed in accordance with the (IPWEA) LGAT – standard drawings. Click here for more information.
WEED CONTROL Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website.
NOISE REGULATIONS Submitted design specifications for the driveway appear to be inconsistent with the requirements of the submitted bushfire report.
FEES AND CHARGES Click here for information on the Council's fees and charges.
DIAL BEFORE YOU DIG Click here for dial before you dig information.
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10. Visitor Accommodation - Proposed Interim Planning Directive
File Ref: F17/59256; 32-13-4
Ref: Open CP 8.3, 13/06/2017
That 1. The Lord Mayor write to the Minister for Planning and Local Government drawing attention to the implications of making self-contained visitor accommodation permitted in Battery Point and request that the proposed Interim Planning Directive not apply to Battery Point Heritage Area BP1 under the Hobart Interim Planning Scheme 2015. 2. A further report by provided to the City Planning Committee as soon as practicable mapping annual approvals of self-contained visitor accommodation throughout the City of Hobart over the last three years. If practical the map should also include self-contained visitor accommodation that existed prior to this period.
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11. Playful City Public Art Project
File Ref: F17/3685; 2016-0676
Ref: Special Open CCE 4.1, 19/06/2017
A recommendation will be submitted to the meeting. |
12. 2017-18 Fees and Charges - Salamanca Market
File Ref: F17/44696; 17/41
Ref: Special Open CCE 4.2, 19/06/2017
A recommendation will be submitted to the meeting. |
13. Five year review of Salamanca Market Stallholder Licence Agreement
File Ref: F17/53964; S33-060-02
Ref: Special Open CCE 4.3, 19/06/2017
A recommendation will be submitted to the meeting. |
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File Ref: F17/64113
Ref: Special Open EDC 4.1, 19/06/2017
A recommendation will be submitted to the meeting. |
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15. Sandy Bay Bathing Pavilion Update
File Ref: F17/58791
Ref: Open FC 6.1, 14/06/2017
A recommendation will be submitted under separate cover.
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16. Tasmanian Aboriginal Centre - Request for Support for Aboriginal Naming of a Waterfall in Wellington Park
File Ref: F17/54905
Ref: Open PR 6.2, 8/06/2017
That: 1. The Tasmania Aboriginal Centre’s proposal to assign the name ‘turikina truwala’ to the falls located on the Guy Fawkes Rivulet where it is crossed by the Myrtle Gully Track on City owned land within Wellington Park, be supported. 2. Advice of the Council’s support for the name be provided to the Nomenclature Board with a request that the Board consult with community wide groups including Aboriginal groups.
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17. Moss Beds Road, Mountain River (Wellington Park) - Proposed Licence Agreement
File Ref: F17/48639
Ref: Open PR 6.3, 8/06/2017
That: 1. The General Manager be authorised to negotiate the terms and conditions of a licence agreement with the owner of Lot 198000/1 (PID 5691592) at Moss Beds Road, Mountain River (a land locked portion of private land within Wellington Park) to formalise access along an established access road within Wellington Park, on land vested to the City of Hobart. (i) Licence conditions include: (a) Provision for owner responsibility specifying the form, size, condition, and maintenance of the access road. (b) A review of the licence upon any future sale of the property. 2. The quantum of the annual licence fee be determined by a registered valuer. 3. The landowner be responsible for all costs associated with the licence agreement.
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18. Professional Development Application - Alderman Sexton
File Ref: F17/63652; 13-2-22
Report of the General Manager of 14 June 2017 and attachments.
Delegation: Council
Item No. 18 |
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Memorandum: Council
Professional Development Application - Alderman Sexton
Purpose:
The purpose of this memorandum is to put an application submitted by Alderman Sexton for professional development entailing international travel, before the Council for consideration and determination.
Proposal:
Alderman Sexton has submitted an application for professional development involving conference attendance in the United Kingdom in June 2018. Details and costings are provided in the attached application (Attachment A).
In line with the provisions of the Council’s policy on Aldermanic Development and Support, “where international travel is involved as part of an application for professional development, the application will be referred directly to the Council for consideration and determination”.
The estimated cost associated with the proposal is $10,200 (limited to $10,000) which exceeds the allocation of $5,000 which may be utilised in any financial year. This would therefore entail the advance allocation of the residual funding required from the following year. The policy provides for this situation through the “discretion to approve an increase in the PD yearly allocation for an Alderman to a maximum of $10,000 (“the PD extraordinary yearly allocation”)”.
In respect to Alderman Sexton’s application there are sufficient funds available from his professional development allocation. Noting that the costings are estimates, the $5,000 allocation available in 2016/17 would be utilised and the balance of the final costs over and above that allocation would be drawn as an extraordinary allocation from the following year, 2017/18.
In accordance with the requirements of the policy, the $5,000 professional development allocation for 2017/18 would then be fully expended as a result of this extraordinary allocation.
Alderman Sexton would also be required to sign an acknowledgment of the arrangements including the circumstances which would require repayment of the allocation, as outlined in the form shown as Attachment B to this report.
That: 1. The Council consider and determine Alderman Sexton’s application for professional development consisting of attendance at a conference in London, United Kingdom from 14-15 June 2018, at an estimated cost of $10,000. 2. In the event that the application is approved, Council’s policy provisions relating to professional development, as outlined in this report, be applied.
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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.
N.D Heath General Manager |
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Date: 14 June 2017
File Reference: F17/63652; 13-2-22
Attachment a: Professional Development Application - Alderman Sexton ⇩
Attachment b: Professional Development Acknowledgement/Agreement ⇩
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19. Australia Day National Conference 2017 - Adelaide 25-26 July - Aldermanic Nominations
File Ref: F17/55408; 17/58
Report of the General Manager of 14 June 2017 and attachments.
Delegation: Council
Item No. 19 |
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Memorandum: Council
Australia Day National Conference 2017 - Adelaide 25-26 July - Aldermanic Nominations
The General Manager reports:
“The attached program is provided to enable Aldermanic nominations to be sought for attendance at the Australia Day National Conference 2017 to be held in Adelaide on 25-26 July 2017.
Clause 2 of the Council’s policy titled Aldermanic Development and Support with regard to conference attendance, provides that:
The Council may approve the attendance of Aldermen at relevant conferences as representatives of the City, in the capacity as a delegate or conference presenter, subject to budget availability.
Particular conferences where Council representation may be considered appropriate may be brought to the notice of the Council by the General Manager or an individual Alderman.
When such conferences are listed on the relevant committee agenda for consideration of representation, the relevance of the conference to the city’s strategic objectives is to be addressed as part of the process.
The content of the conference is relevant to local government and the Capital City Strategic Plan 2015-2025 as it relates to the delivery of Australia Day events and the emerging issues related to Australia Day, including the call to change the date. The program details are shown at Attachment A to this report and can be viewed on the website at https://www.australiaday.org.au/conference/
The estimated cost of full attendance is $1715 per person, which is inclusive of $715 registration fee and $1000 for airfares, accommodation and other incidental expenditure.
In the event that the Council approves the attendance, the estimated cost will be attributed to general aldermanic conferences allocation within the City Government function of the 2017-18 Annual Plan.
It is intended that City officers will also be attending the conference.
The information is submitted for consideration.”
That: 1. The Council consider Aldermanic representation at the Australia Day National Conference 2017 to be held in Adelaide, South Australia on 25-26 July 2017. 2. The estimated cost of $1715 per person be attributed to the general Aldermanic conferences allocation within the City Government function of the 2017-18 Annual Plan.
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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.
N.D Heath General Manager |
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Date: 14 June 2017
File Reference: F17/55408; 17/58
Attachment a: Australia Day National Conference program details ⇩
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