Minutes

Open Portion

Monday, 18 November 2019

AT 5:00 pm

Council Chamber, Town Hall


 

Minutes (Open Portion)

Council Meeting

Page 2

 

18/11/2019

 

 

 ORDER OF BUSINESS

 

PRESENT, APOLOGIES AND LEAVE OF ABSENCE

1.        Confirmation of Minutes. 4

2.        Transfer of Agenda Items. 5

3.        Communication from the Chairman. 5

4.        Notification of Council Workshops. 6

5.        Public Question Time. 6

6.        Petitions. 8

7.        Consideration of Supplementary Items. 9

8.        Indications of Pecuniary and Conflicts of Interest. 9

Reports of Committees. 9

City Planning Committee

9.        Council Acting as Planning Authority. 9

9.1     141 Hampden Road, Hobart - Three Multiple Dwellings (One Existing, Two New) Partial Demolition, Extension, Alterations, Landscaping and Alterations to Car Parking. 10

9.2     13 - 15 Ridgeway Road, 58-60 Hall Street, 56 Hall Street, Ridgeway - Boundary Adjustment 19

9.3     1/25A Elphinestone Road, Mount Stuart Common Land of Parent Title - Partial Change of Use to Visitor Accommodation. 23

9.4     Amendment PSA-19-4 - Hobart Interim Planning Scheme 2015 - Food Services and Food and Beverage Production Uses in the Light Industrial Zone. 26

9.5     18-44 Napoleon Street (CT39913/3, CT39913/4, CT39913/5) and Adjacent Foreshore and Area of the River Derwent, Battery Point - Partial Demolition, New Boatshed, Jetty Extension and Reclamation Works. 28

9.6     1 Marieville Esplanade and Adjacent Road Reserve, Sandy Bay - Carpark Upgrade and Associated Stormwater Works. 38

Motions of which notice has been given

10.     Unleashing of Greyhounds in Designated Off Leash Area. 54

Community, Culture and Events Committee

11.     Petition - Housing Challenged Citizens Residing in St David's Park. 57

Finance and Governance Committee

12.     Elected Members Development and Support - Policy. 57

13.     Council of Managers of National Antarctic Programs (COMNAP) - Annual General Meeting - August 2020 - Request to Use City Hall 61

14.     Financial Report as at 30 September 2019. 61

15.     2019-20 Annual Plan - Summary Report  Period Ended 30 September 2019  62

16.     Parking in North Hobart - Hours of Operation of Car Parks. 63

Parks and Recreation Committee

17.     Trans and Gender Diverse Posters in Public Convenience Facilities. 63

18.     McAulays Reserve, Sandy Bay - Proposed Track Upgrade. 64

19.     188A Lenah Valley Road, Lenah Valley - Lease Renewal - Lenah Valley RSL and Community Club Over Parts of Haldane Reserve. 65

20.     Closed Portion of the Meeting.. 66

 


 

Minutes (Open Portion)

Council Meeting

Page 65

 

18/11/2019

 

 

PRESENT:

The Lord Mayor Councillor A M Reynolds, Deputy Lord Mayor Councillor H Burnet, Aldermen M Zucco, J R Briscoe, Dr P T Sexton, D C Thomas, T M Denison, Councillor W F Harvey, Alderman S Behrakis, Councillors M S C Dutta, H A Ewin and Z R Sherlock.

 

APOLOGIES:

Nil.

 

LEAVE OF ABSENCE:

Nil.

 

Alderman Thomas arrived at the meeting at 5.01pm and was not present for item 1.

Alderman Behrakis left the meeting 5.36pm, returning at 5.39pm.

Councillor Sherlock left the meeting at 5.39pm, returning at 5.41pm and was not present for item 9.6.

Councillor Ewin left the meeting at 6.39pm, returning at 6.41pm.

Alderman Thomas left the meeting at 6.43pm, returning at 6.44pm.

1.       Confirmation of Minutes

 

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 4 November 2019, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

 

Burnet

HARVEY                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

The minutes were signed.

 

2.       Transfer of Agenda Items

 

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?

 

No items were transferred.

 

 

3.       Communication from the Chairman

 

3.1      Award for Presentation - Planning Institute of Australia (Tasmania)

            “Hobart: A community vision for our island capital”

 

The City of Hobart was recently recognised for two projects at the Planning Institute of Australia (Tasmania) awards presentation evening.

The City of Hobart and The20 received a ‘Commendation’ for the project “Hobart: A community vision for our island capital” in the “Public Engagement and Community Planning” category.

The Commendation was received for the engagement process which culminated with a Community Panel, a group of 46 community members and business people from across the city. The panel used the feedback collected throughout the process, as well as information from 59 subject matter experts, to draft a vision statement and outcomes across eight pillars, or areas of focus for city life.

 

The Lord Mayor presented the award to the meeting.

 

3.2      Award for Presentation - "SPECULATE: Collaborative place-based research 2012-2019"

 

An ‘Award’ was presented to the City of Hobart and University of Tasmania (Architecture and Design) in collaboration, for the project “SPECULATE:  Collaborative place-based research 2012-2019” in the category “Cutting Edge Research and Teaching”.

Speculate represents a significant series of innovative projects over a seven-year period embracing a collaboration between the City of Hobart and the University of Tasmania.

The project brings together talented graduates and undergraduates with Council’s professional staff to form cross disciplinary teams focussed on place-based problems.

The Lord Mayor presented the award to the meeting.

 

 

3.3      Bridge of Remembrance

 

At National level, the Bridge of Remembrance by Denton Corker Marshall received a commendation for Built Projects – Local and Neighbourhood Scale at the recent 2019 Australian Urban Design Awards held in Melbourne.

 

4.       Notification of Council Workshops

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.

 

5.       Public Question Time

 

5.1      Mr Mervin Reed - Tolmans Hill Road connection from Woodcutters Drive to Caroline Street, Dynnyrne

 

Mr Mervin Reed put the following question and was provided with the corresponding response from the Lord Mayor:

Question:

The Tolmans Hill area is designated as a Fire Prone Zone, which in essence means the whole area is basically a fire danger zone of some substance.

 

As only one road exists into and out of this suburb, will you consider the connection of Tolmans Hill – Woodcutters Drive to Caroline Street in Dynnyrne? 

 

I understand this road is partly formed already.

 

It need not be an expensive exercise, but a reasonable gravel road that would be opened by Council on days of maximum fire danger to provide an alternative escape route from Tolmans Hill.

 

Would you be prepared to consider this option, and seek a short report on feasibility and costs?

Response:


The subdivision of properties to form the Tolman’s Hill Estate in the early 1990’s considered the need for public access to the City from Woodcutter’s Lane.  The result of that review was a “Right of Footway” along the edge of the Southern Outlet for pedestrians to traverse the boundary of 30 Caroline Street and have a shorter route to the CBD.

 

The issue of emergency egress was also considered with the initial proposal to utilise the Telstra Optic Fibre cable route dismissed as it came in very close proximity to the residence on 30 Caroline Street.  As a result an arrangement has been struck with the landholders that in an emergency the Tasmania Fire Service can open a route from Woodcutter’s Lane through to Caroline Street using the existing driveways to those residences on 30 and 32 Caroline Street. 

 

This arrangement fulfils the suggested need for an emergency egress route from the Eastern boundary of Tolman’s Hill and removes the need to further develop a route for emergency exit in a bushfire when it is considered safe to do so by the Tasmania Fire Service.

 

 

 

5.2      Mr Ben Lohberger - UTAS Pedestrian Bridges

 

Mr Lohberger put the following questions and was provided with the corresponding response from the Lord Mayor:

Questions:

Launceston City Council last week approved a new $5 million pedestrian bridge to connect the new UTAS campus in Launceston, which will be built at no cost to ratepayers in Launceston.

Meanwhile, Hobart City Council has spent $6.5 million of Hobart ratepayer's money on a new pedestrian bridge that directly connects two UTAS sites in Hobart - the Domain campus, and the medical science precinct.

Why did Hobart City Council ratepayers entirely fund the $6.5 million Hobart pedestrian bridge when UTAS clearly has the funds to pay for its own bridge?

Can HCC explain why UTAS paid for its own pedestrian bridge in Launceston while Hobart ratepayers have paid for a bridge that is obviously for the use of UTAS students in Hobart?

It is now six months since UTAS announced to the media that it would pay rates, or their equivalent, for its educational properties in Hobart. Has UTAS paid any rates, or rates equivalent payments, for these properties since making its announcement six months ago?

It is now 18 months since the May 2018 floods damaged the Central Avenue pedestrian bridge next to New Town High School, and it is six months since HCC told me that the rebuilding project had been put out to tender. There is still no sign of any reconstruction work on this much-used pedestrian bridge - can the Council please provide an update on the timeline for its reconstruction and reopening?

Response:

It is accurate to say the Hobart bridge falls adjacent to two University properties, but its intent is of far more wide reaching civic impact than that. The new bridge links the Central Business District and waterfront through to the aquatic centre, cenotaph, Soldiers' Memorial Avenue, sporting facilities on the Glebe and the Royal Tasmanian Botanical Gardens. It creates a more safe, family-friendly cycleway through to Cornelian Bay and beyond. The bridge has been an investment by the Council in creating a more active, cycling and pedestrian-friendly, healthier city. The need for the improved connection was first identified by Gehl Architects in their report for the Council in 2010 Public Space Public Life  - A City with People in Mind.  Gehl Architects recommendation was subsequently further progressed by the Council in 2011 with the adoption of the Inner City Action Plan which recommended a shared pedestrian and cycling bridge across Brooker Avenue from Bathurst Street.   The development of the bridge delivers on this recommendation. 

Our understanding is the pedestrian bridge in Launceston is being funded through the Northern Transformation Project, which is delivering a $300 million investment across northern Tasmania and is jointly funded by the University and all levels of government.  The shared bridge across Brooker Avenue as mentioned, is not a facility dedicated to the UTAS use but has much wider improved access objectives. 

The City of Hobart and University continue to work constructively together across a range of issues and look forward to updating the community on the issue of rates equivalency in due course.


In response to your last point, unfortunately there has been some delays with the pedestrian bridge next to the New Town High School. However I am pleased to advise, that works on the new bridge have commenced with fabrication of the bridge span being undertaken off site.

Onsite ground works will commence this month with the new bridge scheduled to be re-opened for public use by the end of January 2020.

 

 

 

6.       Petitions

 

No petitions were received.

 

 


 

7.       Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

RECOMMENDATION

 

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.

 

No supplementary items were received.

 

 

 

 

 

8.       Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

 

Elected Members are requested to indicate where they may have any pecuniary or conflicts of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Council has resolved to deal with.

 

No interest was indicated.

 

 

Reports of Committees

 

City Planning Committee

 

9.       Council Acting as Planning Authority

 

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      141 Hampden Road, Hobart - Three Multiple Dwellings (One Existing, Two New) Partial Demolition, Extension, Alterations, Landscaping and Alterations to Car Parking

            PLN-19-504 - File Ref: F19/143049

Ref:    Open CPC 7.1.1, 11/11/2019

Application Expiry Date: 26 November 2019

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for three multiple dwellings (one existing, two new), partial demolition, extension, alterations and landscaping at 141 Hampden Road Hobart for the reasons outlined in the officer’s report, attached to item 7.1.1 of the Open City Planning Committee agenda of 11 November 2019 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 PLN­19­504 ­ 141 HAMPDEN ROAD HOBART TAS 7000 ­ 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 2019/01213­HCC dated 5 September 2019 as attached to the permit.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 


THC

 

 

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 6012 dated 16 October 2019, as attached to the permit.

 

 

 

 

 

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

PLN 2

 

 

Screening with no more than 25% uniform transparency and a minimum height of 2.0m above floor level, must be installed and maintained along the eastern edge of the servants' wing roof terrace prior to the first occupation.

 

 

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing screening in accordance with the above requirement.

 

 

All work required by this condition must be undertaken in accordance with the approved revised plans.

 

 

Advice: The draft plans 1811­DA20 rev F, 1811­DA24 rev D and 1811­DA28 rev F, which show a 1.0m high steel and textured/translucent glass screen on top of a 1.0m solid planter box, are considered to meet this condition. Alternative designs may be considered at building permit stage, in consultation with the eastern neighbour and Council's Cultural Heritage Officer.

 

 

Reason for condition

 

 

To provide reasonable opportunity for privacy for dwellings.

 

 

ENG sw1

 

 

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, retaining wall ag drains and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first).

 

 

Advice:

 

 

Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater onto a neighbouring property.

 

 

 

Reason for condition

 

 

To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.

 

 

ENG sw8

 

 

A stormwater detention system in accordance with Aldanmark drawing 19E99­ 97 C1.01 Rev 1 must be installed limit stormwater discharges from the development prior to first occupation. The stormwater detention system must have a minimum capacity of 3,000L and a maximum discharge rate of 5 L/s.

 

All work required by this condition must be undertaken and maintained in accordance with the approved stormwater design.

 

 

Reason for condition

 

 

To ensure that the stormwater runoff quantity is managed to take into account the limited receiving capacity of the downstream Council stormwater infrastructure.

 

 

ENG 3a

 

 

The proposed driveway, circulation roadways and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required) with the following exceptions:

 

1.     Jockey parking is permitted as documented on drawing 1811­DA15 Rev C by Circa Morris­Nunn Architects.

2.     Manoeuvring area maximum gradient to be 10%.

 

 

Reason for condition

 

To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.

 

 

 

 

 

 

 

ENG 4

 

 

The first five metres (5m) of the access driveway approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) prior to commencement of use. The entire access driveway, circulation roadways and parking module (parking spaces, aisles and manoeuvring area) must have the surface drained to the Council's stormwater infrastructure prior to the commencement of use.

 

 

Reason for condition

 

 

To ensure the safety of users of the access driveway and parking module, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.

 

ENG 5

 

 

The number of car parking spaces approved on the site is eight (8).

 

 

All parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1 2004, prior to commencement of use.

 

 

Advice: Heritage condition HER 10 below has refused the two new parking spaces located between the 'main building' and Hampden Road. The three existing spaces located between the servants wing and Hampden Road (on the existing driveway) can remain. The number of approved spaces is therefore five in the rear and three in the front. Reducing the number of spaces between the servants wing and Hampden Road to two is also acceptable.

 

 

Reason for condition

 

 

To ensure the provision of parking for the use is safe and efficient.

 

 

ENG 1

 

 

Any damage to council infrastructure resulting from the implementation of this permit, must, at the discretion of the Council:

 

 

 

1.     Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or

2.     Be repaired and reinstated by the owner to the satisfaction of the

Council.

 

 

A photographic record of the Council's 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, pre­existing 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's 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's infrastructure and/or site­related service

connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

 

 

ENV 1

 

 

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or re­vegetated.

 

 

Advice:

 

 

For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

 

 

Reason for condition

 

 

To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.

 

 

 

 

 

HER 10

 

 

The two parking areas 6 and 7 as shown on plans 1811­DA 14, 15, 16, 17, revisions E and C dated 4/9/19 and 27/8/19 are not approved. The garden area between the 'main building' and Hampden Road must be retained with a new planted garden area between the house and the fence.

 

 

Prior to the issue of any approval under the Building Act 2016, revised plans, including landscaping plans must be submitted and approved showing the retention of the garden area in accordance with the above requirement.

 

 

All work required by this condition must be undertaken in accordance with the approved revised plans.

 

 

Advice: The three existing parking spaces between the servants wing and Hampden Road may remain.

 

 

Reason for condition

 

 

To ensure that development at a heritage place and in a heritage precinct does not result in the loss of historic cultural heritage values.

 

 

HER 11

 

 

The southern wall of the garden apartment must not directly abut the servant's wing. This wall must be separated from the servant's wing by the width of the existing verandah. Any connection to the rooftop terrace from the servant's wing must be via a lightweight link or bridge with handrails designed in materials, colours and finishes in accordance with condition HER 17.

 

 

Prior to the issue of any approval under the Building Act 2016, revised

plans must be submitted and approved showing a separation in accordance with the above requirement.

 

 

All work required by this condition must be undertaken in accordance with the approved revised plans.

 

 

 

 

 

 

 

 

Reason for condition

 

 

To ensure that development at a heritage place and in a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

 

 

HER 12

 

 

The glazed balustrade on the first floor between the servant's wing and the main house as shown on drawing 1811­DA22 revision C dated 27/8/19 is not approved. The balustrade must be constructed using more muted and less reflective materials, colours and finishes.

 

 

Prior to the issue of any approval under the Building Act 2016, documentation must be submitted and approved in accordance with the above requirement.

 

 

All work required by this condition must be undertaken in accordance with the approved documentation.

 

 

Reason for condition

 

 

To ensure that development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

 

 

HER 17

 

The materials and colours shown on the submitted plans and summarised in the Material Board (drawing 1811­DA31 revision A dated 27/8/19) are not approved. The colours, finishes and materials must reflect the palette of colours, finishes and materials within the local streetscape and precinct, adjacent to Melrose and other nearby buildings.

 

 

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing exterior colours, finishes and materials in accordance with the above requirement.

 

 

All work required by this condition must be undertaken in accordance with the approved plans.

 

 

 

 

 

 

Reason for condition

 

 

To ensure that development at a heritage place and in a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

 

 

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.

 

 

BUILDING PERMIT

 

 

You may need building approval in accordance with the Building Act 2016. Click here for more information.

 

 

This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

 

 

PLUMBING PERMIT

 

 

You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

 

WASTE DISPOSAL

 

 

It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill.

 

 

Further information regarding waste disposal can also be found on the Council’s website.

 

 

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.

 

NOISE

 

The Environmental Management and Pollution Control Act 1994 regulates noise.  The applicant is encouraged to consider incorporating design measures into the development, particularly in relation to the mechanical vents adjacent to the northeastern side boundary, to minimise the likelihood of creating a noise nuisance under that Act.

 

ROOFTOP GARDEN

 

The applicant is encouraged to plant vegetation on the Servants Wing Roof Terrace ('Rooftop Garden') that is considerate of the proximity of adjacent buildings in relation to its height and propensity to drop leaves onto neighbouring properties.

 

 

 

 

Burnet

Briscoe                                                 That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Dutta

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Ewin

 

Sherlock

 

 

 

 

9.2      13 - 15 Ridgeway Road, 58-60 Hall Street, 56 Hall Street, Ridgeway - Boundary Adjustment

            PLN-19-512 - File Ref: F19/143690

Ref:    Open CPC 7.1.2, 11/11/2019

Application Expiry Date: 12 December 2019

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for boundary adjustments at 13­15 Ridgeway Road, 56 Hall Street and 58­60 Hall Street, Ridgeway subject to the following conditions as the proposal is considered to be only a minor change to the relative size, shape and orientation of the existing lots and is therefore a permitted boundary adjustment as provided for by clause 9.3.1 of the Hobart Interim Planning Scheme 2015:

 

 

GEN


The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-19-512 - 13 - 15 RIDGEWAY ROAD 58 - 60 HALL STREET  56 HALL STREET RIDGEWAY 7054 - Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

SURV 1


The applicant must submit to the Council a copy of the surveyor’s survey notes at the time of lodging the final plan.

Reason for Condition

To enable the Council to accurately update cadastral layers on the corporate Geographic Information System.

SURV 2


The final plan and schedule of easements must be submitted and approved in accordance with section 89 of the 
Local Government (Building & Miscellaneous Provisions) Act 1993.

Reason for Condition

To ensure that the subdivision/boundary adjustment is carried out in accordance with the Council's requirements under the provisions of Part 3 of the 
Local Government (Building & Miscellaneous Provisions) Act 1993.

 

 

 

SURV 3


The final plan and schedule of easements must be submitted and approved under section 89 of the 
Local Government (Building & Miscellaneous Provisions) Act 1993.

The final plan and schedule of easements must provide easements to the satisfaction of the Council:

1.   Over any existing watercourses or overland flow paths passing through the lots on the final plan, in favour of the Hobart City Council.

2.   Over any existing private drainage and/or service easements in favour of the lots they are required to serve.


Reason for Condition

To ensure that there are no impediments to the provision of public and private services to the lots.

SURV 9


Any lots on the final plan created from the addition of sub minimal lots on the plan of subdivision are to be notated on the final plan.

The final plan must include notations in accordance with section 111 of the 
Local Government (Building and Miscellaneous Provisions) Act 1993, in relation to the lots resulting from the addition of Lot 2 to Lot 1 and the addition of Lot 4 to Lot 5  to satisfy the above requirement.

Reason for condition

To ensure compliance with statutory provisions.

SURV 15


The final plan is to be notated in accordance with the provisions of section 83 (7) and 83 (5) (b) of the 
Local Government (Building & Miscellaneous Provisions) Act 1993 to the effect that the Tasmanian Water and Sewerage Corporation cannot provide a means of gravity reticulated sewerage disposal from the lots on the final plan & to record the form of onsite sewerage treatment system approved in principle by the Council.

The final plan must be submitted for approval by Council. The final plan must be notated in accordance with the provisions of sections 83 (7) and 83(5) (b) of the 
Local Government (Building & Miscellaneous Provisions) Act 1993, to the satisfaction of the Council.

 

 

Reason for condition

To ensure that TasWater's inability to provide a means of gravity reticulated sewerage disposal from the lots
 is noted on the final plan together with a record of the form of onsite sewerage treatment system that has been approved in principle by the council.

ENG 16


Prior to the sealing of the final plan, private sewer, stormwater (including surface drainage) and water services/connections are to be entirely separate to each lot and contained wholly within the lots served.

Reason for condition

To ensure that each lot is services separately.

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, by-laws, 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 PLANNING


If a condition endorsement is 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 services e-planning portal. 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here

 

 

 

 

CONDITION ENDORSEMENT ENGINEERING


All engineering drawings required to be submitted and approved by this planning permit must be submitted to the City of Hobart as a CEP (Condition Endorsement) via the City’s Online Service Development Portal. When lodging a CEP, please reference the PLN number of the associated Planning Application. Each CEP must also include an estimation of the cost of works shown on the submitted engineering drawings. Once that estimation has been confirmed by the City’s Engineer, the following fees are payable for each CEP submitted and must be paid prior to the City of Hobart commencing assessment of the engineering drawings in each CEP:

Value of Building Works Approved by Planning Permit Fee:

·      Up to $20,000: $150 per application.

·      Over $20,000: 2% of the value of the works as assessed by the City's Engineer per assessment.


These fees are additional to building and plumbing fees charged under the Building and Plumbing Regulations.

Once the CEP is lodged via the Online Service Development Portal, if the value of building works approved by your planning permit is over $20,000, please contact the City’s Development Engineer on 6238 2715 to confirm the estimation of the cost of works shown on the submitted engineering drawings has been accepted.

Once confirmed, pleased call one of the City’s Customer Service Officers on 6238 2190 to make payment, quoting the reference number (ie. CEP number) of the Condition Endorsement you have lodged. Once payment is made, your engineering drawings will be assessed.

PLUMBING PERMIT


You may need plumbing approval in accordance with the 
Building Act 2016Building Regulations 2016 and the National Construction Code. Click here for more information.

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. 

SUBDIVISION ADVICE


For information regarding standards and guidelines for subdivision works click here

 

 

 

 

Burnet

Harvey                                                 That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

 

 

9.3      1/25A Elphinestone Road, Mount Stuart Common Land of Parent Title - Partial Change of Use to Visitor Accommodation

            PLN-19-544 - File Ref: F19/143764

Ref:    Open CPC 7.1.3, 11/11/2019

Application Expiry Date: 26 November 2019

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial change of use to visitor accommodation at 1/25A Elphinstone Road, Mount Stuart for the reasons outlined in the officer’s report, attached to item 7.1.3 of the Open City Planning Committee agenda of 11 November 2019 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 PLN­19­544 ­ 1/25A ELPHINSTONE ROAD MOUNT STUART TAS 7000 ­ Final Planning Documents except where modified below.

 

 

 

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

PLN 18

 

 

Prior to the commencement of the approved use, a management plan for the operation of the visitor accommodation must be submitted and approved, to the satisfaction of the City of Hobart's Director City Planning. The management plan must include measures to limit, manage and mitigate unreasonable impacts upon the amenity of long term residents. These measures must include, but are not limited to, the following requirements:

 

 

1.     To limit, manage, and mitigate noise generated as a result of the visitor accommodation;

2.     To limit, manage, and mitigate behavioural issues caused as a result of the visitor accommodation;

3.     To maintain the security of the building where the visitor accommodation would be located, including managing and/or limiting access to shared areas and facilities;

4.     To specify the maximum permitted occupancy of the visitor accommodation;

5.     To specify the maximum number of vehicles to be associated with guests and where they must be parked. Guests bringing their own vehicles must utilise the existing garage space or on street parking.

6.     The name and the phone number of the person responsible for the management of the operation of the visitor accommodation to provide a 24 hour point of contact for nearby residents in relation to any complaints regarding the impact of the visitor accommodation upon nearby residential amenity.

 

 

Once approved by the City of Hobart's Director City Planning, the management plan must be circulated by the property owner, at a minimum, to all owners/occupiers of units 2 and 3/25a Elphinstone Road, Mount Stuart, and to all adjoining properties, including all of the units within 32 Mortimer Avenue, Mount Stuart.

 

 

Once approved, the management plan must be implemented prior to the commencement of the approved use. The use must be operated in accordance with the approved management plan for as long as the visitor accommodation use is in operation.

 

 

Reason for condition

 

 

To ensure that visitor accommodation does not cause an unreasonable loss of residential amenity.

 

 

PLN s3

 

 

Onsite Car Parking Spaces 1 and 2 are not approved for the use. Only one (1) onsite parking space located within the garage of the dwelling is approved for the Visitor Accommodation use.

 

 

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.

 

 

VISITOR ACCOMMODATION

 

 

More information on visitor accommodation, including when building approval is required, can be found here.

 

 

In all cases, check with your insurance company that you have adequate cover.

 

 

If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.

 

 

 

 

ADVERTISING ASSOCIATED WITH THE VISITOR ACCOMMODATION

 

It is recommended that all advertising associated with the visitor accommodation use be amended to reflect condition PLN s3 of planning permit PLN-19-544 that restricts on-site parking associated with the visitor accommodation use to one (1) parking space within the garage of the building.

 

 

 

Burnet

Briscoe                                                 That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Deputy Lord Mayor Burnet

Lord Mayor Reynolds

Zucco

Harvey

Briscoe

Dutta

Sexton

Ewin

Thomas

Sherlock

Denison

 

Behrakis

 

 

 

 

 

 

 

9.4      Amendment PSA-19-4 - Hobart Interim Planning Scheme 2015 - Food Services and Food and Beverage Production Uses in the Light Industrial Zone

            File Ref: F19/138994; PSA-19-4

Ref:    Open CPC 7.1.4, 11/11/2019

 

That:     1.      Pursuant to Section 34(1) (a) of the former provisions of the Land Use Planning and Approvals Act 1993, The Council resolve to initiate an amendment to the Hobart Interim Planning Scheme 2015 to amend the Light Industrial Zone Use Table by removing the qualification to ‘Food services’, and inserting ‘Resource processing’ with the qualification ‘If for food and beverage production’ in the discretionary section of the table, as detailed in Attachment B to item 7.1.4 of the Open City Planning Committee agenda of 11 November 2019.

 

 

 

              2.      Pursuant to Section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council certify that the amendment to the Hobart Interim Planning Scheme 2015 PSA-19-4 meets the requirements of Section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the General Manager and the Deputy General Manager to sign the Instrument of Certification, marked as Attachment C to item 7.1.4 of the Open City Planning Committee agenda of 11 November 2019.

              3.      Pursuant to Section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place Amendment PSA-19-4 to the Hobart Interim Planning Scheme 2015 marked as Attachment B to item 7.1.4 of the Open City Planning Committee agenda of 11 November 2019 on public exhibition for a 28 day period following certification.

 

 

 

Burnet

Briscoe                                                That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

 

 

 

9.5      18-44 Napoleon Street (CT39913/3, CT39913/4, CT39913/5) and Adjacent Foreshore and Area of the River Derwent, Battery Point - Partial Demolition, New Boatshed, Jetty Extension and Reclamation Works

            PLN-19-237 - File Ref: F19/144556

Ref:    Supplementary Open CPC 11, 11/11/2019

Application Expiry Date: 19 November 2019

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, new boatshed, jetty extension and reclamation works at 18­44 Napoleon Street Battery Point (CT39913/3, CT39913/4, CT39913/5) and adjacent foreshore and area of the river Derwent for the reasons outlined in the officer’s report attached to supplementary item 11 of the Open City Planning Committee agenda of 11 November 2019 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 PLN­19­237 ­ 18­44 NAPOLEON ST BATTERY POINT (CT39913/3, CT39913/4, CT39913/5) AND ADJACENT FORESHORE AND AREA OF THE RIVER DERWENT ­ 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 2019/01156­HCC dated 15/8/2019 as attached to the permit.

 

 

Reason for condition

 

To clarify the scope of the permit.

 

 

THC

 

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 6001 dated 29th October 2019, as attached to the permit.

 

 

 

 

Reason for condition

 

To clarify the scope of the permit.

 

 

PLN s1

 

The maximum size of boats built or slipped is 100 tonnes in weight or 30m in length.

 

 

Reason for condition

 

To clarify the scope of this permit i compliance with clause 38.3.1 A1 (a) of the Hobart Interim Planning Scheme 2015.

 

 

PLN s2

 

Hours of operation within the Slipyards, other than within a building, must be between 7.00am and 9.00pm

 

 

Reason for condition

 

To clarify the scope of the permit in compliance with clause 38.3.1 A1 (b) of the Hobart Interim Planning Scheme 2015.

 

 

ENG sw1

 

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, retaining wall ag drains and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first).

 

 

Advice:

 

Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater onto a neighbouring property.

 

 

Reason for condition

 

To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.

 

 

 

 

 

 

 

 

 

 

ENG 2a

 

Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.

 

 

Advice:

 

The Council does 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. Slopes greater than 1 in 4 will require a vehicular barrier or wheel stop.

 

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 in the parking module this area may be considered as a path of access to a building.

 

 

Reason for condition

 

To ensure the safety of users of the access driveway and parking module and compliance with the standard.

 

 

ENG 2b

 

Prior to the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first), a certified vehicle barrier design (including site plan with proposed location(s) of installation) prepared by a suitably qualified engineer, compliant with Australian Standard AS/NZS1170.1:2002, must be submitted to Council.

 

 

Advice:

 

If the development's building approval includes the need for a Building Permit from Council, the applicant is advised to submit detailed design of vehicular barrier as part of the Building Application.

 

 

 

 

 

If the development's building approval is covered under Notifiable Work the applicant is advised to submit detailed design of vehicular barrier as a condition endorsement of the planning permit condition. Once the certification has been accepted, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

 

Reason for condition

 

To ensure the safety of users of the access driveway and parking module and compliance with the standard.

 

 

ENG 2c

 

Prior to the commencement of use, vehicular barriers must be inspected by a qualified engineer and certification submitted to the Council confirming that the installed vehicular barriers comply with the certified design and Australian Standard AS/NZS1170.1:2002.

 

 

Advice:

 

Certification may be submitted to the Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement)

 

 

Reason for condition

 

To ensure the safety of users of the access driveway and parking module and compliance with the relevant standards.

 

 

ENG 3a

 

The access driveway and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

 

 

Reason for condition

 

To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.

 

 

 

ENG 4

 

The access driveway and parking module (car parking spaces, aisles and manoeuvring area) approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) or treated with a durable all weather pavement and surface drained to the Council's stormwater infrastructure prior to the commencement of use.

 

 

Reason for condition

 

To ensure the safety of users of the access driveway and parking module, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.

 

 

ENG 5

 

The number of car parking spaces approved on the site, for use is three (3).

 

 

All parking spaces must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1 2004, prior to commencement of use.

 

 

Reason for condition

 

To ensure the provision of parking for the use is safe and efficient.

 

 

ENG 8

 

The use of one (1) car parking space on­site is to be made available for people with a disability in accordance with Australian Standards AS/NZS2890.6:2009.

 

Advice: NCC Clause 3.5(d) states accessible car parking spaces need not be designated where there is a total of not more than 5 car parking spaces, so as to restrict the use of the car parking space only for people with a disability.

 

 

Reason for condition

 

In the interests of vehicle user safety and the amenity of the development.

 

 

 

 

 

 

ENG 1

 

Any damage to council infrastructure resulting from the implementation of this permit, must, at the discretion of the Council:

 

1.     Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or

2.     Be repaired and reinstated by the owner to the satisfaction of the Council.

 

A photographic record of the Council's 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, pre­existing 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's 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's infrastructure and/or site ­related service

connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

 

 

ENV 2

 

An approved Construction Environmental Management Plan must be implemented.

Prior to the commencement of works, a Construction Environmental Management Plan, prepared by a suitably qualified person, must be submitted and approved. The Construction Environmental Management Plan must:

·    detail the proposed construction methodology and timeframes (particularly where works may have environmental impacts);

·    identify potential environmental impacts associated with the works, including pollution, amenity and biodiversity impacts; and

·    include measures to adequately avoid or mitigate all identified environmental risks.

 

 

Particular attention must be given to the landfill works, reclamation works and jetty extension works.

 

Issues to be considered and addressed must include, but are not limited to minimising water pollution by measures such as the timing of works for low tide/neap tide periods, use of a sediment fences or curtains, design of the reclaimed area and fill materials, management of runoff, management of potential construction debris, maximising off­site fabrication, management of potential spills from any construction machinery and the minimisation and/or management of sediment re­suspension during piling and reclamation.

 

The approved Construction Environmental Management Plan forms part of this permit and must be complied with.

 

 

Advice:

Once the CEMP has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

 

Reason for condition

 

To minimise the potential for environmental impacts from the construction works

 

 

ENV s1

 

Prior to the commencement of works and prior to the granting of building consent, the detailed design of the runoff capture and treatment system must be submitted and approved.

 

The approved design must be implemented and complied with.

 

 

Advice:

 

Once the design has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

 

Reason for condition

 

To ensure that buildings and works dependent on a coastal location are appropriately designed and sited to account for risk from inundation.

 

 

HER 6

 

The recommendations as set out in the ‘Statement of Historical Archaeological Potential and Archaeological Impact Assessment’, produced by Praxis Environment, dated February 2019 in the form of an ‘Archaeological Method Statement shall be implemented in full. In addition, should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

 

·        All excavation and/or disturbance must stop immediately; and

 

·        a qualified archaeologist must be engaged to attend the site and provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and

 

·        All and any recommendations made by the archaeologist engaged in accordance with (2) above must be complied with in full; and

·        All features and/or deposits discovered must be reported to the Council with 3 days of the discovery; and

·        A copy of the Archaeologists advice, assessment and recommendations obtained in accordance with paragraph (2) above must be provided to Council within 20 days of receipt of the advice, assessment and recommendations.

 

 

Excavation and/or disturbance must not recommence unless and until approval is granted from the Council.

 

 

Reason for condition

 

To ensure that work is planned and implemented in a manner that seeks to understand, retain, protect, preserve and manage significant archaeological evidence

 

 

 

 

ENVHE 2

 

Should excavation be proposed on site a Contamination Environmental Site Assessment report prepared by a suitably qualified and experienced person in accordance with the procedures and practices detailed in the National Environment Protection (Assessment of Site Contamination) Measure 1999 (NEPM) as amended 2013 must be submitted to council prior to commencement of work. The report must conclude:

 

·        Whether any site contamination presents a risk to workers involved in redevelopment of the site, or future users of the site, as a result of proposed excavation of the site.

·        Whether any site contamination presents an environmental risk from excavation conducted during redevelopment of the site.

·        Whether any specific remediation and/or protection measures are required to ensure proposed excavation does not adversely impact human health or the environment before excavation commences.

·        Based on the results of the Environmental Site Assessment that the excavation as part of the planned works will not adversely impact on human health or the environment (subject to implementation of any identified remediation and/or protection measures as required).

 

If the Environmental Site Assessment report concludes that remediation

and/or protection measures are necessary to avoid risks to human health or the environment, a proposed remediation and/or management plan must be submitted prior to commencement of work. Any remediation or management plan involving soil disturbance must include a detailed soil and water management plan to prevent off­site transfer of potentially­contaminated soil or stormwater.

 

 

Reason for condition

 

To determine the level of site contamination, and to identify any recommended remediation/management practices/safeguards which need to be followed/put in place during any excavations/ground disturbance on, or for use of the site, to provide for a safe living environment.

 

 

 

 

 

 

 

 

 

 

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.

 

 

BUILDING PERMIT

 

You may need building approval in accordance with the Building Act 2016. Click here for more information.

 

This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

 

 

PLUMBING PERMIT

 

You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

 

 

RIGHT OF WAY

 

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

 

 

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.

 

 

 

 

 

Burnet

Briscoe                                                That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

9.6      1 Marieville Esplanade and Adjacent Road Reserve, Sandy Bay - Carpark Upgrade and Associated Stormwater Works

            PLN-19-176 - File Ref: F19/144746

Ref:    Supplementary Open CPC 12, 11/11/2019

Application Expiry Date: 24 December 2019

 

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for carpark upgrade and associated stormwater works at 1 Marieville Esplanade, Sandy Bay for the reasons outlined in the officer’s report attached to supplementary item 12 of the Open City Planning Committee agenda of 11 November 2019 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 PLN­19­176 ­ 1 MARIEVILLE ESPLANADE SANDY BAY TAS 7005 AND ADJACENT ROAD RESERVE ­ Final Planning Documents except where modified below.

 

 

Reason for condition

 

 

To clarify the scope of the permit.

 

 

ENG sw1

 

 

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, retaining wall ag drains and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first).

 

 

Reason for condition

 

 

To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.

 

 

ENG sw2.1

 

 

A pre­construction CCTV recording of the Council’s stormwater main within/adjacent to the proposed development, along with photos of any drainage structures to be connected to or modified, must be submitted to Council prior to the commencement of work.

 

 

The post­construction CCTV recording and photos will be relied upon to establish the extent of any damage caused to Council’s stormwater infrastructure during construction. If the owner/developer fails to provide Council with pre­construction CCTV recording then any damage to Council’s infrastructure identified in the post­construction CCTV recording 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 sw2.2

 

 

A post­construction CCTV recording of the Council’s stormwater main within/adjacent to the proposed development, along with photos of any existing drainage structures connected to or modified as part of the development, must be submitted to Council upon completion of work.

 

 

 

 

 

 

 

 

The post­construction CCTV recording and photos will be relied upon to establish the extent of any damage caused to Council’s stormwater infrastructure during construction. If the owner/developer fails to provide Council with pre­construction CCTV then any damage to Council’s infrastructure identified in the post­construction CCTV 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 sw4

 

 

The new stormwater connection/s must be constructed and any existing abandoned connections sealed by the Council at the owner’s expense, prior to the first occupation.

 

 

Detailed engineering drawings must be submitted and approved, prior to commencement of work. The detailed engineering drawings must include:

 

 

1.     the location of the proposed connection; and

2.     the size of the connection appropriate to satisfy the needs of the development.

 

 

All work required by this condition must be undertaken in accordance with the approved detailed engineering drawings.

 

Advice:

 

The applicant is advised to submit detailed design drawings via a Council City Amenity Division application for a new stormwater connection. If detailed design to satisfy this condition is submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will still need to submit an application for a new stormwater connection with Council City Amenity Division.

 

 

 

 

 

 

 

 

Where building / plumbing approval is also required, it is recommended that documentation to satisfy this condition is submitted well before submitting documentation for building/plumbing approval. Failure to address planning condition requirements prior to submitting for building/plumbing approval may result in unexpected delays.

 

 

Reason for condition

 

 

To ensure the site is drained adequately.

 

 

ENG sw5

 

 

The new public stormwater infrastructure must be designed and constructed prior to commencement of use.

 

Plans and computations to the satisfaction of Council must be submitted and approved, prior to commencement of work. The plans and computations, drawn to scale with dimensions, must:

 

·        Be certified by a qualified and experienced civil engineer;

·        Show the direction of stormwater run­off;

·        Include layout plans and longitudinal sections of the proposed stormwater mains; and

·        Include longitudinal and cross sections of the proposed open swale.

 

 

All work required by this condition must be undertaken in accordance with the approved engineering drawings.

 

 

Advice:

 

The applicant is required submit detailed design documentation to satisfy this condition via the Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.

 

Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

 

 

 

 

Reason for condition

 

 

To ensure Council’s hydraulic infrastructure meets acceptable standards.

 

 

ENG tr1

 

 

Traffic management within the parking module and associated road works must be installed prior to the commencement of use.

 

 

Traffic management design drawing(s) to the satisfaction of the responsible authority (including signage and line marking plans), must be submitted and approved prior to commencement of works. The design drawing(s) must:

 

 

1.     Be prepared by a suitably qualified person

2.     Include adequate means of delineation between the pedestrian path and the road carriageway

3.     Include a linemarking legend & schedule with suitable descriptions of each linetype and the total length of each linetype itemised

4.     Include appropriate signage in accordance with AS 1742.11:2016

 

 

All work required by this condition must be undertaken in accordance with the approved traffic management design drawings.

 

 

Advice:

 

Once the traffic management design drawings have been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

 

Reason for condition

 

 

In the interests of user safety and the amenity of the occupiers of the development.

 

 

 

 

ENG tr2

 

 

A construction traffic and parking management plan must be implemented

prior to the commencement of work on the site.

 

 

The construction traffic (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) and parking management plan must be submitted and approved, prior to commencement work. The construction traffic and parking management plan must:

 

 

1.     Be prepared by a suitably qualified person.

2.     Develop a communications plan to advise the wider community of the traffic and parking impacts during construction.

3.     Include a start date and finish dates of various stages of works.

4.     Include times that trucks and other traffic associated with the works will be allowed to operate.

5.     Nominate a superintendant, or the like, to advise the Council of the progress of works in relation to the traffic and parking management with regular meetings during the works.

 

 

All work required by this condition must be undertaken in accordance with the approved construction traffic and parking management plan.

 

 

Advice:

 

Once the construction traffic and parking management plan has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

 

Reason for condition

 

 

To ensure the safety of vehicles entering and leaving the development and the safety and access around the development site for the general public and adjacent businesses.

 

 

 

 

ENG 3a

 

 

The parking area must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 & AS 2890.5­1993, or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.

 

 

Reason for condition

 

To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.

 

 

ENG 3b

 

 

The parking area design must be submitted and approved, prior to the commencement of work.

 

 

The parking area design must:

 

 

1.     Be prepared and certified by a suitably qualified engineer,

2.     Be generally in accordance with the Australian Standard AS/NZS2890.1:2004 & AS 2890.5­1993,

3.     Where the design deviates from AS/NZS2890.1:2004 & AS 2890.5­1993, the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, and

4.     Show dimensions, levels, gradients and transitions, and other details as Council deem necessary to satisfy the above requirement.

 

 

Advice:

 

Once the design has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement)

 

 

Reason for condition

 

 

To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.

 

 

 

 

 

ENG 4

 

 

The parking area approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) and surface drained to the Council's stormwater infrastructure prior to the commencement of use.

 

 

Reason for condition

 

 

To ensure the safety of users of the access driveway and parking module, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.

 

 

ENG 1

 

Any damage to council infrastructure resulting from the implementation of this permit, must, at the discretion of the Council:

 

 

1.     Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or

2.     Be repaired and reinstated by the owner to the satisfaction of the Council.

 

 

A photographic record of the Council's 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, pre­existing 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's 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's infrastructure and/or site­related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

 

 

ENG r1

 

 

Plans and specifications to the satisfaction of the responsible authority for the proposed carparking area and new road construction within the Marieville Esplanade highway reservation and adjacent Council land must be submitted and approved prior to the commencement of works.

 

 

The plans and specifications must:

 

 

1.     Be prepared by a suitably experienced civil engineer;

2.     Be generally in accordance with LGAT ­ IPWEA ­Tasmanian Standard Drawings and include the following:

a.      Longitudinal and cross sections of the road, footpath, and kerb and channel;

b.      A pavement design in accordance with the Austroads Pavement Design Guide, including associated laboratory results of soaked CBR tests on the subgrade; and

c.       Construction details of the footpath, pavement, and associated kerb and channel in appropriate typical cross­sections.

 

 

All work required by this condition must be undertaken in accordance with the approved plans and specifications.

 

 

Advice:

 

The applicant is required submit detailed design documentation to satisfy this condition via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of engineering drawings [see general advice on how to obtain condition endorsement and for fees and charges]). This is a separate process to any building approval under the Building Act 2016.

 

 

Reason for condition

 

 

To ensure the Council’s road assets are constructed to an acceptable standard.

 

 

 

 

 

 

 

 

 

 

ENV 1

 

 

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or re­vegetated.

 

 

Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

 

 

Reason for condition

 

 

To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.

 

 

ENV s1

 

 

The swale drain must be maintained in good condition, and following any major damage, either re­instated as soon as reasonably practicable or the area revegetated to minimise erosion risk based on the advice of a suitably qualified person.

 

 

Reason for condition

 

 

To minimise the risk of erosion.

 

 

ENV s2

 

 

The swale drain must not be sited seaward of the 'actively mobile area' line shown on drawing C­101 Rev. 1 in the document Hobart City Council Short Beach Reserve, Sandy Bay Shoreline Erosion and Advice by Flussig Spatial dated 11 November 2018.

 

 

Reason for condition

 

 

To minimise the risk of erosion.

 

 

 

 

 

 

 

ENVHE 1

 

 

All recommendations in the Site Investigation Report by COVA dated 10 October 2019 (FINAL) and Further Investigations dated 28 October 2019 must be implemented for the duration of the development and the ongoing use of the site.

 

 

Reason for condition:

 

 

To ensure that the risk to the developments workers as well as future users of the site remains low and acceptable.

 

 

ENVHE 2

 

 

A Waste Soil Management Plan (as per the COVA Site Investigation Report; Section 10.2 Recommendations), must be implemented throughout the construction works.

 

 

The Waste Soil Management Plan must be submitted and approved prior to the issuing of any building permit under the Building Act 2016. The plan must include but is not limited to the following:

 

 

1.      Segregation and classification of excavated soils,

2.      Management of soils/contaminated soils on­site,

3.      Human and environmental protective measures,

4.      Soil/contaminated soil disposal plan.

 

 

All work required by this condition must be undertaken in accordance with the approved waste soil management plan.

 

 

Advice: Once the waste soil management plan has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

 

 

 

Reason for condition

 

 

To ensure contaminated soils are disposed of in accordance with the EPA Information Bulletin No. 105 and the Environmental Management and Pollution Control (Waste Management) Regulations 2010 during the construction period.

 

 

ENVHE 4

 

 

A Construction Management Plan must be implemented throughout the construction works.

 

 

A Construction Management Plan must be submitted and approved prior to the issuing of any building permit under the Building Act 2016. The plan must include but is not limited to the following:

 

 

1.     Identification and disposal of any potentially contaminated waste and asbestos;

2.     Proposed hours of work (including volume and timing of heavy vehicles entering and leaving the site, and works undertaken on site);

3.     Proposed hours of construction;

4.     Identification of potentially noisy construction phases, such as operation of rock­ breakers, explosives or pile drivers, and proposed means to minimise impact on the amenity of neighbouring buildings;

5.     Control of dust and emissions during working hours;

6.     Proposed screening of the site and vehicular access points during work; and

7.     Procedures for washing down vehicles, to prevent soil and debris being carried onto the street.

 

 

All work required by this condition must be undertaken in accordance with the approved construction management plan.

 

 

Advice: Once the construction management plan has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

 

 

 

 

 

 

 

 

 

 

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

 

Reason for condition

 

 

To ensure minimal impact on the amenity of adjoining properties and members of the public during the construction period.

 

 

OPS s1

 

 

At the completion of works, all unsealed and unpaved areas are to be sown with grass. The area/s sown with grass must be fenced off while the grass is establishing, to prevent people walking over them and dogs digging in the soil. The fencing can be removed once the grass has grown to provide an effective ground cover.

 

 

Reason for condition

 

 

To maintain public health and safety.

 

 

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 PLANNING

 

 

If a condition endorsement is 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 services e­planning portal.

 

 

Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.

 

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

 

 

CONDITION ENDORSEMENT ENGINEERING

 

 

All engineering drawings required to be submitted and approved by this planning permit must be submitted to the City of Hobart as a CEP (Condition Endorsement) via the City’s Online Service Development Portal. When lodging a CEP, please reference the PLN number of the associated Planning Application. Each CEP must also include an estimation of the cost of works shown on the submitted engineering drawings. Once that estimation has been confirmed by the City’s Engineer, the following fees are payable for each CEP submitted and must be paid prior to the City of Hobart commencing assessment of the engineering drawings in each CEP:

 

 

Value of Building Works Approved by Planning Permit Fee:

Up to $20,000: $150 per application.

Over $20,000: 2% of the value of the works as assessed by the City's Engineer per assessment.

 

 

These fees are additional to building and plumbing fees charged under the Building and Plumbing Regulations.

 

 

Once the CEP is lodged via the Online Service Development Portal, if the value of building works approved by your planning permit is over $20,000, please contact the City’s Development Engineer on 6238 2715 to confirm the estimation of the cost of works shown on the submitted engineering drawings has been accepted.

 

 

Once confirmed, pleased call one of the City’s Customer Service Officers on 6238 2190 to make payment, quoting the reference number (ie. CEP number) of the Condition Endorsement you have lodged. Once payment is made, your engineering drawings will be assessed.

 

 

 

 

 

 

PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE

 

 

You may require a permit to construct public infrastructure, with a 12 month maintenance period and bond (please contact the Hobart City Council's City Infrastructure Division to initiate the permit process).

 

 

NEW SERVICE CONNECTION

 

 

Please contact the Hobart City Council's City Infrastructure Division to initiate the application process for your new stormwater connection.

 

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.

 

 

STRUCTURES CLOSE TO COUNCILS' STORMWATER MAIN

 

 

The design of structures (including footings) must provide protection for the Council’s infrastructure. For information regarding appropriate designs please contact the Council's City Infrastructure Division.

 

 

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.

 

 

STORM WATER / 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.

 

 

 

 

 

 

WORK PLACE HEALTH AND SAFETY

 

 

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially­contaminated soil, water, dust and vapours. Click here for more information.

 

 

PROTECTING THE ENVIRONMENT

 

 

In accordance with the Environmental Management and Pollution Control Act 1994, local government has an obligation to "use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution." Click here for more information.

 

 

LEVEL 1 ACTIVITIES

 

The activity conducted at the property is an environmentally relevant activity and a Level 1 Activity as defined under s.3 of the Environmental Management and Pollution Control Act 1994. For further information on what your responsibilities are, click here.

 

 

NOISE REGULATIONS

 

 

Click here for information with respect to noise nuisances in residential areas.

 

 

WASTE DISPOSAL

 

 

It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill.

 

 

Further information regarding waste disposal can also be found on the Council’s website.

 

 

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.

 

 

 

Burnet

Harvey                                                 That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

 

 

 

 

 

 

 

 

Motions of which notice has been given

 

IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015

 

10.      Unleashing of Greyhounds in Designated Off Leash Area

            File Ref: F19/106384; 13-1-9

Ref:    Open PRC 7.1, 7/11/2019

 

Motion:

“That an Officer report be obtained for:

 

1.   The City of Hobart to lobby the State Government to table an amendment to the Dog Control Act 2000 s18, in a timely manner, to allow for greyhounds to be unleashed in a designated off leash area.

 

2.   The City of Hobart to lobby LGAT to support this amendment.

 

 

 

3.   Council officers to identify an appropriate piece of land to develop as a greyhound off leash area, to ensure that there is not an unnecessary delay when the amendment is passed and as a first step approach Tas Racing to ascertain if there is any scope to utilise current greyhound racing facilities for the exercising of non-racing greyhounds when not in use.”

 

 

Rationale:

“Animal welfare advocates have long had serious misgivings about the treatment of greyhounds, in the racing and gambling industries. The 2015 Animals Australia expose and ensuing inquiries, legislative changes and changes in community expectations, have led to people embracing greyhounds as pets to stem the numbers of animals killed, when the racing industry discards them.

In Tasmania, there are an estimated 2500 greyhounds as pets, with Brightside Farm Sanctuary and the Greyhound Adoption Program adopting out around 250 dogs a year.

Enabling legislation was required for people to lawfully adopt greyhounds as pets, as historically legislation had directed greyhounds to be muzzled, providing a psychological and legal barrier to greys being seen as potential family pets.

Muzzling greys suggested that they were dangerous and different. The reality is that greys were being muzzled because they had been live baited. Using small furry animals as lures meant that cats and other pets were fair game to a live baited greys and muzzling kept them from doing the very thing they had been trained to do.

What I hope this motion will achieve is the next step in inclusion for greys and their owners and the next stage in their freedom. 

We take registration fees from greyhound owners, therefore it follows that we should get ahead of the next legislative changes to allow greyhounds off leash in designated areas and show our community that we are a contemporary council which supports animal welfare, so that as soon as the legislative changes are through state parliament, we have the designated space ready to go.

https://tasmps.greens.org.au/sites/default/files/Greyhound%20Inquiry_Dissenting%20Report_Cassy%20OConnorMP.pdf

The General Manager reports:

“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as it relates to the administration of the Dog Control Act 2000.”

 

 

 

ewin

burnet                                                 That the recommendation be adopted.

 


Amendment

 

Behrakis

Sherlock                                                          That clause 1 and 2 be deleted.

 

 

Procedural Motion

 

Zucco

Thomas                                                                                                                       

 

That the motion be referred back to the Parks and Recreation Committee to seek further clarification of Clause 3.

 

 

PROCEDURAL MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

COUNCIL RESOLUTION:

 

 

That the motion be referred back to the Parks and Recreation Committee to seek further clarification of Clause 3.

 


 

Community, Culture and Events Committee

 

11.      Petition - Housing Challenged Citizens Residing in St David's Park

            File Ref: F19/137936

Ref:    Open CCEC 6.3, 6/11/2019

 

That the report, Petition - Housing Challenged Citizens Residing in St David's Park marked as item 6.3 of the Open Community Culture and Events Committee agenda of 6 November 2019, be received and noted. 

 

 

Harvey

Burnet                                                 That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

 

Finance and Governance Committee

 

12.      Elected Members Development and Support - Policy

            File Ref: F19/138642

Ref:    Open FGC 6.1, 12/11/2019

 

That:   1.    The Council adopt the Elected Members’ Development and Support policy as shown in track changes and marked as Attachment A to item 6.1 of the Open Finance and Governance Committee agenda of 12 November 2019, excluding Clause G of the policy titled International Relationships.

2.    Clause G titled International Relationships of the Elected Members’ Development and Support policy be deferred and be the subject of a further report following the outcomes of the following investigations:

(i)      The future of international city relationships.

(ii)     The Risk and Audit Panel be engaged to assess and provide a recommendation to the Council on an appropriate budget allocation for Elected Members in regards to international travel.

 

 

 

Zucco

Thomas                                                 That the recommendation be adopted.

 

 

Briscoe

Harvey                                                                                                                       

 

That Alderman Zucco be granted an additional two minutes to address the meeting.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

Amendment

 

Burnet

Ewin

 

That:   1.    The words international travel after the word to be replaced the words travel for international relationships in clause 2 (ii).

 

2.    The addition of a new clause to read as follows:

 

3.    The General Manager refer the following allocation amounts, contained within the Elected Members’ Development and Support Policy, to the Risk and Audit Panel for consideration with a recommendation provided back to Council:

 

(i)        Section C – Elected Member Professional Development - $5,000 per annum;

 

(ii)       Section H – General Provisions - $40 daily travel allowance;

 

(iii)      Section K – Expense Reimbursement:

 

1.        Telecommunications - $2,000 per annum.

 

2.        Local travel – 1,500 litres of fuel per annum, and other transport costs.

 

(iv)      Section M – Benefits:

1.         Community Activities Participation:

 

(a)     Lord Mayor $5,000 per annum.

(b)     Deputy Lord Mayor $2,500 per annum.

(c)     Elected Members $1,000 per annum.

 

AMENDMENT CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

COUNCIL RESOLUTION:

 

That:   1.    The Council adopt the Elected Members’ Development and Support policy as shown in track changes and marked as Attachment A to item 6.1 of the Open Finance and Governance Committee agenda of 12 November 2019, excluding Clause G of the policy titled International Relationships.

2.    Clause G titled International Relationships of the Elected Members’ Development and Support policy be deferred and be the subject of a further report following the outcomes of the following investigations:

(i)      The future of international city relationships.

(ii)     The Risk and Audit Panel be engaged to assess and provide a recommendation to the Council on an appropriate budget allocation for Elected Members in regards to travel for international relationships.

 

3.    The General Manager refer the following allocation amounts, contained within the Elected Members’ Development and Support Policy, to the Risk and Audit Panel for consideration with a recommendation provided back to Council:

 

(i)        Section C – Elected Member Professional Development - $5,000 per annum;

 

(ii)       Section H – General Provisions - $40 daily travel allowance;

 

(iii)      Section K – Expense Reimbursement:

 

1.        Telecommunications - $2,000 per annum.

 

2.        Local travel – 1,500 litres of fuel per annum, and other transport costs.

 

(iv)      Section M – Benefits:

1.         Community Activities Participation:

 

(a)     Lord Mayor $5,000 per annum.

(b)     Deputy Lord Mayor $2,500 per annum.

(c)     Elected Members $1,000 per annum.

 

 


 

13.      Council of Managers of National Antarctic Programs (COMNAP) - Annual General Meeting - August 2020 - Request to Use City Hall

            File Ref: F19/139774

Ref:    Open FGC 6.2, 12/11/2019

 

That:   1.    The Council approve the request from the Australian Antarctic Division to use the City Hall for the 2020 Council of Managers of National Antarctic Programs (COMNAP) Annual General Meeting, to be conducted from 2-7 August 2020, at no charge.

2.    The General Manager be authorised to waive the hire fees associated with the use of the City Hall for the event.

3.    Details of the fees waived be included in the 2020-21 Annual Report, in accordance with the Council’s policy in relation to grants and benefits.

 

 

Zucco

Sexton                                                   That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

 

14.      Financial Report as at 30 September 2019

            File Ref: F19/140680; 18/17

Ref:    Open FGC 6.3, 12/11/2019

 

That the Council approve the changes to the 2019-20 Estimates listed in tables 4, 5, 7 and 9 of Attachment A to item 6.3 of the Open Finance and Governance Committee agenda of 12 November 2019, the financial impacts of which are to decrease the underlying surplus by $0.14M, and to decrease the cash balance by $0.67M.

 

 

Zucco

SHERLOCK                                            That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

15.      2019-20 Annual Plan - Summary Report
Period Ended 30 September 2019

            File Ref: F19/142810

Ref:    Open FGC 6.5, 12/11/2019

 

That the Council endorse the Annual Plan 2019-20 summary report for the period ending 30 September 2019, marked as Attachment A to item 6.5 of the Open Finance and Governance Committee agenda of 12 November 2019.

 

 

Zucco

SHERLOCK                                            That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

16.      Parking in North Hobart - Hours of Operation of Car Parks

            File Ref: F19/142712; 17/181

Ref:    Open FGC 6.6, 12/11/2019

 

That:   1.    The sign-posted and enforceable times for paid parking in both the Condell Place and Lefroy Street Car Parks in North Hobart be reduced from 8.30am - 10pm to 8.30am - 8pm.

2.    Dynamic pricing options for paid parking in both the Condell Place and Lefroy Street Car Parks in North Hobart be explored and be the subject of a further report.

 

 

Zucco

SHERLOCK                                            That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

 

 

Parks and Recreation Committee

 

17.      Trans and Gender Diverse Posters in Public Convenience Facilities

            File Ref: F19/124052

Ref:    Open PRC 6.1, 7/11/2019

 

That trans and gender diverse signage not be displayed on a permanent basis, at this stage, however the Council note the inclusion of this information in the City’s annual program of periodical display in the City’s public toilets.

 

 

 

Briscoe

Ewin                                                         That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

18.      McAulays Reserve, Sandy Bay - Proposed Track Upgrade

            File Ref: F19/126948

Ref:    Open PRC 6.3, 7/11/2019

 

That:   1.    The report seeking to upgrade the McAulays Reserve, Sandy Bay walking track, between Manning Avenue and McAulay Road, and its extension through to the boundary of Waimea Heights Primary School, be received and noted.

            2.    Funding for track improvement and extension works be considered when the Council determines the 2020-21 Capital Works Program and Annual Budget at an estimated cost of $50,000 with an estimated annual operational expense of $1,500 per annum.

 

Briscoe

Burnet                                                 That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 


 

 

19.      188A Lenah Valley Road, Lenah Valley - Lease Renewal - Lenah Valley RSL and Community Club Over Parts of Haldane Reserve

            File Ref: F19/139088

Ref:    Open PRC 6.4, 7/11/2019

 

That:   1.    A new lease be executed with the Lenah Valley RSL and Community Club over portions of the City’s Haldane Reserve, Lenah Valley, as shown as Lot 1 and Lot 2 on Plan F-930-40 marked as Attachment A to item 6.4 of the Open Parks and Recreation Committee agenda of 7 November 2019.

(i)      The lease include a licence for unrestricted access to Area 1 and Area 2, and a licence to use Lot 3 for overflow parking on special occasions with prior approval of the General Manager.

(ii)     The lease term be for 5 years (with the option of for a further 5 years) at nominal rental value.

2.    Community engagement be undertaken pursuant to Sections 178 and 179 of the Local Government Act 1993.

(i)      Upon conclusion of the community engagement process;

(a)     Should no objections be received, the General Manager be authorised to finalise the terms and conditions of the lease; or alternatively

(b)     Should objections be received, a further report be provided to the Council on the matter.

3.    Should a new lease be approved, the value of the reduced rental to the Club be recorded in the City’s Annual Report in accordance with the Council Policy ‘Grants and Benefits Disclosure’.

4.    The Club be encouraged to negotiate with the Department of Health to access the rear of the adjoining Child Health Clinic property at 186 Lenah Valley Road, for potential development of additional car parking.

 

 

 

Briscoe

Sherlock                                             That the recommendation be adopted.

 

 

MOTION CARRIED

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

  

20.     Closed Portion of the Meeting

 

That the Council resolve by absolute majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:   

 

·         Leave of Absence

·         Renewal of a contract including details of the terms and conditions of renewal

·         Information of a confidential nature

·         The sale of Council property

·         Personnel matters

 

The following items were discussed:-

 

Item No. 1          Minutes of the last meeting of the Closed Portion of the Council Meeting

Item No. 2          Communication from the Chairman

Item No. 3          Leave of Absence

Item No. 4          Consideration of supplementary Items to the agenda

Item No. 5          Indications of pecuniary and conflicts of interest  

Item No. 6          Request to Waive Requirement to Tender - The Mercury Newspaper Advertising

LG(MP)R 15(2)(d)

Item No. 7          Derwent Sailing Squadron - Council Loan Guarantee - Loan Arrangements

LG(MP)R 15(2)(g)

 

 

Item No. 8          Sale of Council Property - 89 Doyle Avenue, Lenah Valley

LG(MP)R 15(2)(f)

Item No. 9          Risk and Audit Panel - Appointment of Independent Member

LG(MP)R 15(2)(a) 

 

 

 

Burnet

Behrakis                                                        That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Denison

 

Harvey

 

Behrakis

 

Dutta

 

Ewin

 

Sherlock

 

 

 

 

   

 

  

There being no further business the open portion of the meeting closed at 6.58pm.

 

 

 

 

 

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
2nd DAY OF December 2019.

CHAIRMAN