Agenda of Special City Infrastructure Committee Meeting

Agenda (Open Portion)

Special City Infrastructure Committee Meeting

Page 4

24/7/2017

Special City Infrastructure Committee Meeting (Open Portion) held Monday, 24 July 2017 at 4.35 pm in the Lady Osborne Room, Town Hall.

COMMITTEE MEMBERS

Burnet (Chairman)

Deputy Lord Mayor Christie

Reynolds

Denison

Harvey

ALDERMEN

Lord Mayor Hickey

Zucco

Briscoe

Ruzicka

Sexton

Cocker

Thomas

Apologies: Nil.

Leave of Absence: Nil.

1. Co-Option of a Committee Member in the event of a vacancy

2. Indications of Pecuniary and Conflicts of Interest

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.

3. Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

A committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

Item No. 4.1

Agenda (Open Portion)

Special City Infrastructure Committee Meeting

Page 7

24/7/2017

Memorandum: City Infrastructure Committee

Outdoor Dining and Umbrella Infrastructure - 61 and 63 Salamanca Place between Kennedy Lane and Wooby's Lane

This memorandum provides additional information concerning requests for the installation of outdoor dining and umbrella infrastructure of the footpath at 61 and 63 Salamanca Place.

A report was provided to the 21 June 2017 meeting of the City Infrastructure Committee on requests from ‘Liv Eat’ and ‘VK Salamanca Pty Ltd’ to install permanent umbrellas on the footpaths outside 61 and 63 Salamanca Place (refer Attachment A).

The purpose of that report was to obtain clarification from the City Infrastructure Committee on behalf of the Council as highway authority, as to whether fixed / permanent umbrellas would be supported in this area prior to the future management of this footpath being determined in 2018.

The Committee resolved the following:

That: 1. Until such time as the Council resolves the future direction for the management of the southern footpath on Salamanca Place between Montpelier Retreat and the Silos, the following guidelines apply:

(i) The City of Hobart as highway authority only consider requests for the installation of additional fixed or permanent umbrellas on the southern footpath if the installation of those umbrellas would not conflict with the future provision of:

(a) A 3 metre clear pedestrian path (that may only be covered by temporary umbrellas) adjacent to the building line;

(b) A 1.5 metre wide clear pedestrian path (that may only be covered by temporary umbrellas) between outdoor dining furniture and parked cars; and

(c) A 1.2 metre wide clear pedestrian path between outdoor dining areas.

(ii) The City of Hobart as highway authority only consider requests for the installation of tables, chairs and barriers to facilitate outdoor dining that can be removed from the public footpath when not in use.

(iii) Subject to the recommendations above, in relation to request for new or adjusted occupation licences for outdoor dining on the Salamanca Place southern footpath between Kennedy Lane and Wooby’s Lane, the City of Hobart as highway authority permit the installation of removable tables, chairs and barriers to facilitate outdoor dining on the equivalent alignment to those currently in front of the businesses Maldini, Jack Greene, Cargo and Grape.

(iv) The General Manager advise any applicant considering the purchase and installation of furniture to place on the Salamanca Place footpath of the above recommendations, and further advise that until such time that the Council considers and resolves its future direction for the management of that footpath, that any furniture purchased and installed that is not compatible with the future direction may need to be removed at the applicant’s cost.

2. When the Council implements changes to the regulations in this area, the applicants must ensure compliance with the new regulations at their own cost.

The matter was referred to 3 July 2017 Council meeting, whereat the Council resolved to refer the matter back to Committee for further consideration.

To assist the Committee, for the two applications received to date, officers would interpret the Committee resolution of 21 June 2017 as follows:

‘Liv Eat’ at 63 Salamanca Place

The application if for two rows of fixed umbrella canopies, supported by a single row of central poles. The extract below from the documents submitted by Liv Eat show the general arrangement.

Figure 1 – Extract – Liv Eat Proposal

The umbrella canopy’s would match the existing arrangements in this section of Salamanca Place (shown in the figure below), but the pole would be on a different alignment.

Figure 2 – Salamanca Place (Kennedy Lane to Wooby’s Lane) – Typical Outdoor Dining Furniture Layout

Under the most recent Committee resolution, officers would consider that given Liv Eat can remove the row of canopies closest to the building line, this proposal would be supported.

Officers would work with the applicant to ensure the application was varied as appropriate to ensure that it is satisfactory in terms of Salamanca Market operations.

‘VK Salamanca’ at 61 Salamanca Place

The application is for a single row of fixed umbrella canopies, supported by a single row of central poles. The extract below from the documents submitted by VK Salamanca show the general arrangement.

Figure 3 – Extract – VK Salamanca Proposal

Under the most recent Committee resolution, officers would consider that this application could not be supported, as the large single canopy covering the full width of the footpath could not be easily removed.

If this is the intent of the Committee, Officers would suggest to the applicant that they modify the application to include the two rows of canopies (rather than the single row) as per the Liv Eat proposal.

Discussion

At the Council meeting held on 3 July 2017 however, it was suggested that the intent of the Committee’s recommendation to Council, as contained on page 1 of this memorandum, was that both applications (61 and 63 Salamanca Place) be approved by the Council subject to the applicants agreeing to remove the umbrellas at their cost should the Council resolve to create a walkway along the building line.

Officers are of the view that ultimately there are three main options to consider in relation to permanent/fixed umbrellas and infrastructure along Salamanca Place (between Montpelier Retreat and the Silos) and they are listed below.

General Overview of Options

Option 1

· Do not permit the installation of any additional fixed / permanent infrastructure until such time as the Council resolves the future direction for the ongoing management of street furniture on the Salamanca Place footpath in 2017.

o Under this option, businesses would be granted licences for outdoor dining, but would not be able to install fixed / permanent umbrellas until Council resolves its future direction.

o This option does not support the applications from Liv Eat or VK Salamanca for fixed furniture.

Option 2

· Allow businesses to install additional fixed / permanent infrastructure (provided any necessary planning approvals are obtained, and provided the installations do not obstruct Salamanca Market operations or obstruct the flow of pedestrians), on the clear understanding that the businesses risk being required to remove and replace the umbrellas with something that complies with the Council’s future direction, and that any such removal / replacement would be at the businesses own cost.

o Under this option, businesses would be granted licences for outdoor dining, and would be able to install fixed / permanent umbrellas (assuming they obtained a planning approval if required), but would do so on the clear understanding that they may be required to remove these umbrellas in the short to medium term.

o This option supports both applications from Liv Eat and VK Salamanca for fixed furniture.

Option 3

· Allow businesses to only install additional fixed / permanent infrastructure (provided any necessary planning approvals are obtained, and provided the installations do not obstruct Salamanca Market operations or obstruct the flow of pedestrians), if that additional fixed / permanent infrastructure would be compatible with the currently preferred future alignment for pedestrian paths and outdoor dining furniture.

o Under this option, businesses would be granted licences for outdoor dining, and would be able to install fixed / permanent umbrellas (assuming they obtained a planning approval if required) only if those umbrellas matched the row of existing umbrellas located 3m clear of the building line at the other venues on this section of Salamanca Place.

o This option supports the application from Liv Eat for fixed furniture. VK Salamanca would be required to amend its application to a similar format to what is proposed from Liv Eat.

REcommendation

That:

A. The Council determine which of the following options it wishes to proceed with for an interim term in relation to fixed/permanent outdoor dining and umbrella infrastructure:

Option 1

No additional fixed/permanent infrastructure be permitted on the Salamanca Place footpath (between Montpelier Retreat and the Silos) until such time as the Council determines it policy position in relation to fixed/permanent outdoor dining and umbrella infrastructure.

Option 2

1. Until such time as the Council resolves the future direction for the management of the southern footpath on Salamanca Place between Montpelier Retreat and the Silos, the following guidelines apply:

(i) The City of Hobart as highway authority permit the installation of additional fixed or permanent umbrellas on the southern footpath.

(iii) Subject to the recommendations above, in relation to request for new or adjusted occupation licences for outdoor dining on the Salamanca Place southern footpath between Kennedy Lane and Wooby’s Lane, the City of Hobart as highway authority permit the installation of removable tables, chairs and barriers to facilitate outdoor dining on the equivalent alignment to those currently in front of the businesses Maldini, Jack Greene, Cargo and Grape.

2. When the Council implements changes to the regulations in this area, the applicants must ensure compliance with the new regulations at their own cost.

Option 3

(a) A 3 metre clear pedestrian path (that may only be covered by temporary umbrellas) adjacent to the building line;

(b) A 1.5 metre wide clear pedestrian path (that may only be covered by temporary umbrellas) between outdoor dining furniture and parked cars; and

(c) A 1.2 metre wide clear pedestrian path between outdoor dining areas.

2. When the Council implements changes to the regulations in this area, the applicants must ensure compliance with the new regulations at their own cost.

B. Applications for 61 Salamanca Place (Liv Eat) and 63 Salamanca Place (VK Salamanca) be determined by officers in accordance with the interim policy position for fixed/permanent outdoor dining and umbrella infrastructure by the Council for Salamanca Place (between Montpelier Retreat and the Silos).

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

Date: 21 July 2017

File Reference: F17/90936; R0817

Attachment a: Previous Report dated 15 June 2017 ⇩

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