Minutes (Open Portion)

Council Meeting

Page 2

28/1/2020

Minutes (Open Portion)

Council Meeting

Page 21

28/01/2020

The Chairman reports that she has perused the minutes of the meeting 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.

Burnet

Sherlock                                               That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The Lord Mayor presented Alderman Zucco with a Certificate of Recognition to celebrate his service milestone on the Hobart City Council of 10,150 days, (or 27 years and 295 days) thereby becoming the longest serving Alderman in the history of the Council, as at 18 January 2020.

The Lord Mayor noted Alderman Zucco’s service record and achievements.

Alderman Thomas advised the meeting of an error made at the Council meeting of Monday 2 December 2019, during item 16 titled Potential New Relationships, when in addressing the meeting, he inadvertently made reference to Fish Frenzy.  He apologised for this oversight.

5.1      Mr Ben Lohberger - Brooker Avenue Pedestrian Bridge

Mr Lohberger put the following question and was provided with the corresponding response by the Lord Mayor.

Question:

In 2015 the Council signed an MOU with the University of Tasmania. That MOU specifically describes the new pedestrian bridge over Brooker Avenue as "a joint infrastructure project".

Why did the Council decide to ignore this 2015 MOU with UTAS, and instead force Hobart ratepayers to fund the entire $6.5 million cost for the University's pedestrian bridge?

The Council is claiming on its website that the location of the bridge was "recommended by the Queens Domain Master Plan 2013-33". In actual fact, that master plan recommended the bridge be built in a different location, connecting the Domain with the TAFE campus on the northern side of Bathurst Street.

Why was the location of the Brooker Avenue pedestrian bridge changed to connect two UTAS campuses, and who made that  decision?

Why is the Council lying on its website about the recommended location of this bridge?

When the bridge was moved from the actual recommended site to a site that directly connected two UTAS campuses, why did Council not seek co-payment for the bridge from UTAS, as agreed in the 2015 MOU?

Queens Domain Master Plan 2013-2033, p50: file://userdata.hobartcitymission.org.au/userdata$/bpl/Downloads/Queens-Domain-Master-PI an.pdf

HCC website new pedestrian bridge FAQ No2: https://www.hobartcity.com.au/Projects/Current-projects/Bicycle-and-Pedestrian-Bridge-over­ Brooker-Avenue/Bicycle-and-Pedestrian-Bridge-over-Brooker-Avenue#section-2

Response:

In response to this question I would like state that firstly the Rose Garden Bridge is not a University bridge.  It is a Hobart City Council bridge with the primary function to provide an all abilities connection between the CBD and the Domain/Glebe.

Furthermore the University of Tasmania has made a significant financial contribution to the construction of the Rose Garden Bridge as the proceeds of the sale of the Council’s former car park at Melville Street to the University were directed to fund the construction of the bridge.

The specific location of the proposed bridge between the Queens Domain and Bathurst Street, as recommended in the Queens Domain Master Plan 2013-33, was indicative only and was always subject to detailed design considerations. The final design and location was subject to public notification prior to the Council formally considering the proposal and approving it as a formal planning application under the Land Use Planning and Approvals Act 1993.  The suggestion that the Council is lying about the recommended location of this bridge is therefore strongly refuted. 

Thank you for your questions Mr Lohberger, the Council will provide you with written confirmation of my response after today’s meeting.

Russell Waldock put the following questions and the Lord Mayor took the questions on notice.  The Lord Mayor advised that written response will be provided.

1.    Has the Council considered the implications of the Religious Discrimination Bill on the residents of Hobart, with regards to protecting citizens, businesses, and ratepayers?

2.    Will the Council consider the implications of the Religious Discrimination Bill on "free speech" and the council's Social Inclusion Strategy?

3.    Will the Council consider how the Religious Discrimination Bill may affect the Hobart City Council's ability to govern and control its own areas and by-laws?

4.    Has the Council considered making a submission to the parliament with feedback on the Religious Discrimination Bill?

9.1      24 Salamanca Square, Battery Point and Adjacent Road Reserve - Signage

Ref:    Open CP 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 Tas 7004 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.

Burnet

Behrakis                                              That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

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

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.

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 2019/01660­HCC 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

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.

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.

Burnet

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

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

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

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.

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.

Burnet

Harvey                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

10.      Bushfire Assistance

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.”

Briscoe

Behrakis                                             

That:   1.    The motion be adopted, subject to the full quantum of the donation being used to assist with the bushfire recovery.

2.    The General Manager provide details of the placement and use of the Council’s donation.

3.    The General Manager consider the most appropriate funding source including but not limited to the elected member professional development allocation in order to retain funding within Council’s  community grants program.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That    1.    The Hobart City Council donate $25,000 to the mainland bushfire appeal via an appropriate charity, subject to the full quantum of the donation being used to assist with the bushfire recovery.

2.    The General Manager provide details of the placement and use of the Council’s donation.

3.    The General Manager consider the most appropriate funding source including but not limited to the elected member professional development allocation in order to retain funding within Council’s  community grants program.

11.      Ember Attack Strategy

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.”

The Lord Mayor vacated the Chair after moving the motion.

The Deputy Lord Mayor took the Chair for item 11.

Reynolds

Ewin                               

That:     1.    The motion be adopted.

2.    As a prerequisite to the preparation of the report, the Tasmania Fire Service be consulted in respect to strategies that it currently has in place in relation to ember attacks..

3.    The report also address other appropriate actions that the City of Hobart could take to build maximum resilience in respect to bushfire preparedness through changes to planning schemes and local area plans.

4.    An elected member briefing be convened to provide an update on bushfire preparedness, at the appropriate time.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    The Council requests a report on whether there is value in the city developing an ‘Ember Attack Strategy’ for Hobart.

2.    As a prerequisite to the preparation of the report, the Tasmania Fire Service be consulted in respect to strategies that it currently has in place in relation to ember attacks.

3.    The report also address other appropriate actions that the City of Hobart could take to build maximum resilience in respect to bushfire preparedness through changes to planning schemes and local area plans.

4.    An elected member briefing be convened to provide an update on bushfire preparedness, at the appropriate time.

12.      Garrington Park - Installation of New Barbeque facilities

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.

Briscoe

Thomas                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

13.      Bushland Track Naming Confirmation

Ref:    Open PRC 6.2, 16/01/2020

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

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

Briscoe

Sexton                                                   That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

14.      Tasmanian Hockey Centre - Request for Extension of Lease

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.

Briscoe

Thomas                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

15.      Elected Member Professional Development Plan - Lord Mayor, Councillor Reynolds

That the Professional Development Plan for Lord Mayor, Councillor Reynolds, as marked as Attachment A to the Open Council Agenda of 28 January 2020, be received and noted.

Burnet

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

16.      Annual General Meeting

That the following motion passed at the Annual General Meeting of 2 December 2019, be noted:

That the City of Hobart Annual Report for the 2018/2019 be adopted.  

Burnet

Dutta                                                      That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD