Agenda of Council Meeting

Agenda (Open Portion)

Council Meeting

Page 6

28/1/2020

A meeting of the Open Portion of the Council will be held in the Council Chamber, Town Hall on Tuesday, 28 January 2020 at 5:00 pm.

N D Heath

General Manager

ELECTED MEMBERS:

Lord Mayor A M Reynolds

Deputy Lord Mayor H Burnet

Alderman M Zucco

Alderman J R Briscoe

Alderman Dr P T Sexton

Alderman D C Thomas

Councillor W F Harvey

Alderman S Behrakis

Councillor M S C Dutta

Councillor H A Ewin

Councillor Z E Sherlock

APOLOGIES:

LEAVE OF ABSENCE: Nil.

1. Confirmation of Minutes

The Chairman reports that she has perused the minutes of the Open Portion of the Council meeting held on Monday, 16 December 2019, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

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?

3. Communication from the Chairman

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

6. Petitions

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.

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 conflict 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.

Agenda (Open Portion)

Council Meeting

Page 8

28/01/2020

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 24 Salamanca Square, Battery Point and Adjacent Road Reserve - Signage

PLN-19-780 - File Ref: F20/4744

Ref: Open CPC 7.1.1, 20/01/2020

Application Expiry Date: 23 February 2020

That pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for signage at 24 Salamanca Square Battery Point for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 20 January 2020 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 PLN19780 24 SALAMANCA SQUARE BATTERY POINT TAS 7004 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

HER 3

The strings of light bulbs hanging within the covered roof structure as shown in the 3D renderings within the submitted planning application are not approved as part of this permit.

Reason for condition

To clarify the scope of the permit and to ensure signage meets the standards of clause 25.11 which states that 'Strings of light bulbs are prohibited.' (p.137 clause 25.11 of the Sullivans Cove Planning Scheme 1997).

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.

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a permit for the occupation of the public highway for construction or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

You may require an occupational licence for use of Hobart City Council highway reservation (e.g. outdoor seating, etc). Click here for more information.

9.2 95 Hampden Road, Battery Point - Intensification of Previously Approved Use (Food Services), Partial Demolition, Alterations and Signage

PLN-19-794 - File Ref: F20/4930

Ref: Open CPC 7.2.1, 20/01/2020

Application Expiry Date: 29 January 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for intensification of previously approved use (food services), partial demolition, alterations and signage at 95 Hampden Road, Battery Point, for the reasons outlined in the officer’s report attached to item 7.2.1 of the Open City Planning Committee agenda of 20 January 2020 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 PLN19794 95 HAMPDEN ROAD BATTERY POINT TAS 7004 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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 2019/01660HCC dated 18 November 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: 6088 dated 20 December 2019 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 14

The noise generated by the use, including from music played inside, must not cause environmental harm when measured at the boundary of the subject site. This planning permit does not approve the playing of any music externally from the building.

Reason for the condition

To ensure noise emissions do not cause environmental harm and do not have an unreasonable impact on residential amenity.

PLN 6

The use must not be open to the public outside of the following hours:

· Sunday to Thursday 7.00am to 9.00pm

· Friday and Saturday 7.00am to 10.00pm

Reason for condition

To ensure that nonresidential use does not unreasonably impact on residential amenity.

PLN 7

There is no outdoor dining approved under this planning permit.

Reason for condition

To reduce the likelihood of any unreasonable impact upon the amenity of the adjacent residential property through noise emissions, and to ensure compliance with the nonresidential use standards in the Hobart Interim Planning Scheme 2015.

PLN s1

The food services use must not have more than 12 seats for customers.

Reason for condition

To clarify the scope of the permit

PLN s2

The removal of hard waste (e.g. glasses and cans) to the garbage bins located outside the building is prohibited before 7.00am and after 8.00pm Monday to Friday and before 9.00am and after 8.00pm on weekends and public holidays.

Reason for condition

To avoid unreasonable impact on surrounding residential amenity through noise emissions that are unreasonable in their timing, duration or extent.

HER s2

The Bahr’s shop sign on the front façade is to be retained in situ, conserved and repaired as necessary during works and subsequent uses.

Reason for condition

To ensure that demolition in whole or part of a heritage place does not result in the loss of historic cultural heritage significance.

ADVICE

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.

SPECIAL CONNECTION PERMIT

You may need a Special Connection Permit (Trade Waste) in accordance with the Plumbing Regulations 2014 and the Tasmanian Plumbing Code. Click here for more information.

PUBLIC HEALTH

You may be required to provide approved/endorsed plans for a food business fit out, in accordance with the National Construction Code Building Code of Australia including Tas Part H102 for food premises which must have regard to the FSANZ Food Safety Standards. Click here for more information.

FOOD BUSINESS REGISTRATION

Food business registration in accordance with the Food Act 2003. Click here for more information.

GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS

You may qualify for a General Exemption permit for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.

NOISE REGULATIONS

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

9.3 The Springs, Mount Wellington - New Building and Change from Temporary Food Services Use and Development to Permanent Food Services Use and Development

PLN-19-856 - File Ref: F20/5025

Ref: Open CPC 7.2.3, 20/01/2020

Application Expiry Date: 31 January 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for new building and change from temporary food services use and development to permanent food services use and development at The Springs, Mount Wellington for the reasons outlined in the officer’s report attached to item 7.2.3 of the Open City Planning Committee agenda of 20 January 2020 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 PLN19856 THE SPRINGS MOUNT WELLINGTON TAS 7054 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s1

The double swing doors at the end of the existing shipping container must remain closed at all times.

Reason for condition

To avoid damage to the bollards within the Council's road reserve.

ENV 14

Only locallyoccurring native species may be used for the planter boxes unless the written consent of the planning authority is received.

Reason for condition

To minimise the spread of weeds.

ENV 15

All construction vehicles and machinery must be effectively cleaned of soil both before entering Wellington Park.

Soil cleaned from construction vehicles and machinery must not be allowed, either directly or indirectly, to enter waterways or the Council’s stormwater system.

Note: Further information on effective measures for washdown can be found here.

Reason for condition

To minimise the spread of weeds and pathogens

ENV 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.

OPS s1

There must be no damage to roots within the Structural Root Zone of the yellow gums (Eucalyptus johnstonii) to be retained, as it could lead to public safety issues. If any roots over 40 mm in diameter within the Tree Protection Zone are encountered during excavation work, work must stop immediately. Work must not recommence until a standover arborist is present. The arborist must advise on how the works can proceed without having a significant impact upon any Root Zones of retained trees. If a significant impact is likely, works must not proceed without further approval from the Program Leader Arboriculture and Nursery at the City of Hobart.

No excavation is to occur beyond the proposed footprint of the new container. Excavation within the footprint of the new container is to be the minimum necessary to level the container. Backfilling with fine crushed rock between the sleepers is required.

The Protection of Trees on Development Sites Australian Standard AS 49702009 is to be followed during works.

Reason for condition

Protection of public safety and natural values within Wellington Park.

ADVICE

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.

PUBLIC HEALTH

FOOD BUSINESS REGISTRATION

Food business registration in accordance with the Food Act 2003. Click here for more information.

Agenda (Open Portion)

Council Meeting

Page 1

28/01/2020

Motions of which notice has been given

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

10. Bushfire Assistance

File Ref: F20/7784; 13-1-9

Alderman Briscoe

Motion

“That the Hobart City Council donate $25,000 to the mainland bushfire appeal via an appropriate charity.”

Rationale:

“In the light of the recent widespread damaging bushfires that have happened on mainland Australia this year, a contribution from the Capital City should be made to help the recovery of our fellow Australians. Following the disastrous 1967 Tasmanian bushfires, mainland Australians generously contributed to our recovery.”

The General Manager reports:

“In line with the Council’s policy in relation to Notices of Motion, the matter is considered to be within the jurisdiction of the Hobart City Council as the Council’s ‘Humanitarian Crisis Assistance Policy’ provides financial support to relief and recovery efforts following natural disasters both locally, nationally and overseas.

The City of Hobart recognises the unprecedented bushfire season and with the approval of the General Manager, has to date provided support to local fundraisers by way of fee waivers totalling $1,182, support through the Event Grants program of $1,000 and potential venue support to the value of $1,690. Staff have been encouraged to donate as they see fit to the organisations they wish to support during this crisis.

Should the Council approve a financial donation toward the mainland bushfire appeal, in accordance with the policy criteria the General Manager will recommend the most appropriate charity to receive the donation. Sufficient funds are available for this donation in the Community Grants allocation from the 2019/20 Estimates.”

That in accordance with Council’s policy, the following Notice of Motion which was adopted by the Parks and Recreation Committee of 16 January 2020, be considered by the Council.

11. Ember Attack Strategy

File Ref: F20/4270

Ref: Open PRC 7.1, 16/01/2020

Lord Mayor Reynolds

Motion:

“That Council requests a report on whether there is value in the city developing an ‘Ember Attack Strategy’ for Hobart.”

Rationale:

“This summer has seen extraordinary loss of life, property and nature as a result of the devastating bushfires in 4 states of Australia.

One of the features of the fires was the damage caused to property from ember attack which often occurred several kilometres away from the fire front and from the bushland interface. Embers are burning pieces of leaves, twigs and bark that the wind carries ahead of the fire, causing new ‘spot fires’ to ignite.

The recent experience in NSW found that embers travel up to 2kms ahead of the fire front on ‘Very High’ fire danger rated days and up to 10 km ahead of the fire front on ‘Catastrophic’ fire rated days.

Properties in close proximity to bushland are required to meet certain standards based on the assumption that the majority of structure loss is due to radiant heat exposure. However recent research has found that the loss of property as a result of ember attack may be more significant.

Cities and communities, like Hobart that sit in a bushland landscape may be extremely vulnerable to ember attack in certain conditions. It is not inconceivable that all Hobart properties are vulnerable to ember attack in certain conditions, including buildings in the Central Business District.

Given this, I believe it is prudent for the City of Hobart to develop an Ember Attack Strategy which may include the following components:

- Seeking advice from the Bureau of Meteorology and fire scientists to understand and predict the potential reach of embers into Hobart under different modelled conditions (wind, temperature, fire front location),

- Consider community education and other initiatives that may build the awareness and resilience of Hobart property owners to the potential of ember attack.”

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 Council’s emergency management functions.”

Agenda (Open Portion)

Council Meeting

Page 1

28/1/2020

Parks and Recreation Committee

12. Garrington Park - Installation of New Barbeque Facilities

File Ref: F19/149391

Ref: Open PRC 6.1, 16/01/2020

That: 1. The Draft Concept Plan for the development of a barbeque and shelter facility at Garrington Park, New Town, marked as Attachment A to item 6.1 of the Open Parks and Recreation Committee agenda of 16 January 2020, be endorsed for public release to enable community engagement to be undertaken.

(i) The Draft Concept Plan incorporate bicycle parking infrastructure within the site.

2. A further report be provided following completion of the community engagement process.

13. Bushland Track Naming Confirmation

File Ref: F19/161654

Ref: Open PRC 6.2, 16/01/2020

That: 1. The following tracks have names assigned to them as follows:

#	RESERVE	TRACK	PROPOSED NAME	LOCATION
2	Queens Domain	Domain Athletics Centre Area	Bandicoot Track	Track on either side of Domain Athletic Centre
3	Queens Domain	Grassland Gully Tracks	Grassland Gully Track	Track through Grassland Gully to Royal Tasmanian Botanical Gardens.
4	Queens Domain	Pinetum Tracks	Pinetum Track	Pinetum Track naming expanded to include a longer track section through the old Pinetum.
6	Bicentennial Park	Churchill Avenue to Nelson Road	Lambert Rivulet Track	Route from Lambert Ave through to Nelson Road becomes a single named track.
7	Bicentennial Park	Churchill Ave to Mt Nelson Signal Station	Signal Station Track	Main route from Sandy Bay to Mt Nelson Signal Station.
8	Bicentennial Park	Lambert Avenue to Churchill Avenue	Lambert Rivulet Track	As per Track 6, minor update from currently ambiguous 'Rivulet Track' naming.
12	Waterworks	Gentle Annie Falls access	Gentle Annie Falls Track	Track through gully and up to Gentle Annie Falls site.
14	Knocklofty	Mt Stuart Track to Northern Access FT	Woodmans Track	Extend to include section from Northern Access FT to Yellow Hippo Track. Currently not well signed and quite a narrow track, but through a nice area.
15	Knocklofty	Salvator Track to Excells FT	Salvator Rosa Glen Track	Continue Salvator Rose Glen Creek Track naming on upper section, but dropping the 'Creek' from the name.
16	Knocklofty	Reservoir to Fielding Drive	Brickworks Track	Reflecting Pool is in this area, and old quarry faces. Historic link to old Brickworks site, in the quarry below.
17	McRobies Gully	Lower Slides Track	McRobies Gully Track	Heritage track name as advised by Open Space Planning Team & Senior Cultural Heritage Officer.
18	McRobies Gully	Slides Connector	Jurassic Shark	New mountain-bike focused track, with naming style to reflect end user group

2. Subject to their endorsement by the Council, the names be submitted to the Nomenclature Board of Tasmania for ratification.

14. Tasmanian Hockey Centre - Request for Extension of Lease

File Ref: F19/164280

Ref: Open PRC 6.3, 16/01/2020

That: 1. In-principle approval for a ten (10) year lease extension with a further ten (10) year option to Hockey Tasmania for a lease over the Tasmanian Hockey Centre be granted, from the expiry of their current lease in 2029, at a nominal annual rental.

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

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, should no objections be received, the General Manager be authorised to finalise the terms and conditions of the lease; or alternatively;

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

3. A sub-lease to Telstra matching the same extended lease period be approved.

4. An appropriate clause be incorporated within the lease agreement with Hockey Tasmania, providing the Council with the ability to amend the footprint of the leased area, if required in the future.