Minutes (Open Portion)

Council Meeting

Page 2

24/2/2020

Minutes (Open Portion)

Council Meeting

Page 5

24/02/2020

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Tuesday, 11 February 2020, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Burnet

Behrakis                                              That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

The Lord Mayor presented a decorative Fijian fork which she received from the High Commissioner of Fiji, His Excellency Mr Luke Daunivalu, during an official visit on Monday 17 February 2020. 

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

Question:

Does Council have any information about the uptake by households who were provided with the opportunity to place food organics in their green bins?

If the answer to this question is No;

Does Council plan any analysis of the success, or otherwise of this initiative? 

This is an excellent project but anecdotal experience from neighbours, suggest a number of misunderstandings about detail, despite the comprehensive information available on the Council website.

Response:

Given the new FOGO service has only been in operation for a short time, it is too early to provide significant details on the amount of food waste the service has diverted from the kerbside waste stream.  The monthly average of material collected under the former garden service is just under 250 tonnes per month.  FOGO tonnages for November 2019, December 2019, and January 2020 were 321, 308, and 309 tonnes respectively, which is above average however the summer months are historically the highest yielding months for the garden waste service.

The City will continue to monitor opt-ins, tonnages collected, and the amount of food waste collected, and continue to provide information and education to the community.

Ms MacGregor of Women Speak Tasmania put the following question and was provide with the corresponding response from the Lord Mayor.

Question:

At the last Council Meeting Cr Holly Ewin gave an apology to Councillors Jeff Briscoe and Tanya Denison preceded by these words:

"Oh; and so I don’t get a fine that I can’t afford, for not saying the exact prescribed, most heartfelt words: etc etc"

Do you consider that there was any honesty, integrity or sincerity underpinning Cr Ewin’s reserved apology and in your view, does it actually qualify as an apology and should Councillors Briscoe and Denison be required to accept it as such?

Response:

The apology provided by Cr Holly Ewin at the Council meeting of 11 February 2020 was a sanction from a determination report from the Code of Conduct Panel in relation to a code of conduct complaint.  It is an offence under the Local Government Act 1993 for an elected member to not comply with a determination report but it would be a matter for the Director of Local Government to pursue if they had concerns.

It is not a matter for me as Lord Mayor, or this Council as a body, to consider.

Ms MacGregor then asked the following supplementary question of Councillor Ewin.

On your Facebook page you posted that Women Speak Tasmania – promotes violence in our community’, and that the group’s members are ‘Nazi’. You said that ‘TERFS’ – the slur you use to describe members of Women Speak Tasmania – are ‘white supremacists’. The Lord Mayor and every Councillor in this room should be appalled at such language being used by an elected member of Council to attack members of the community.

Given the Facebook posting you have made about Women Speak Tasmania, can you provide any evidence that any of my views, or those of members of Women Speak Tasmania, have led to any person committing, or being charged or convicted of a violent act or sexual assault against any child or person, and if you cannot provide this evidence, will you apologise to me and other members of Women Speak Tasmania and remove all unsubstantiated, offensive, discriminatory, defamatory and vulgar comments from your Facebook page as the Lord Mayor has suggested?

Councillor Ewin took the question on notice.

9.1      57-63 Macquarie Street, Hobart - Signage

Ref:    Open CPC 7.1.1, 17/02/2020

Application Expiry Date: 11 March 2020

That pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for window signage at 57­63 Macquarie Street Hobart TAS 7000 for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 17 February 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 PLN­19­927 ­ 3 & 4­8 MARKET PLACE HOBART TAS 7000 ­ Final Planning Documents except where modified below.

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: 6131 dated 04 February 2020, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 10

The wall sign on the outside column on Market Place is not approved.

Advice: A sign with a height no greater than 500mm would meet the Performance

Criteria of Table 25.1, but would require application for further planning approval.

Reason for condition

To clarify the scope of the permit and ensure compliance with the Sullivans Cove

Planning Scheme 1997.

PLN 11

The LED Screen sign to the Market Place entrance must be set back at least

150mm from the inside surface of the window in which it is to be located.

Reason for condition

To clarify the scope of the permit and ensure compliance with 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.

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.

FEES AND CHARGES

Click here for information on the Council's fees and charges.

Burnet

Sherlock                                            That the recommendation be adopted

MOTION CARRIED

VOTING RECORD

9.2      100 Pinnacle Road, Mount Wellington, The Springs, Mount Wellington - Temporary Public Toilet

Ref:    Open CPC 7.2.2, 17/02/2020

Application Expiry Date: 14 March 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for temporary public toilet at The Springs, 100 Pinnacle Road, Mount Wellington for the reasons outlined in the officer’s report attached to item 7.2.2 of the Open City Planning Committee agenda of 17 February 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 PLN­19­807 ­ 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s2

This permit is valid for a maximum period of three (3) years from the approval date. At the completion of this period all development associated with this permit must be removed, and the site made good.

Advice:

For the purposes of this condition the approval date is 24 February 2020. Three years from this date is 24 February 2023.

Reason for condition

To clarify the scope of the permit in accordance with the application documentation.

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.

WELLINGTON PARK

The proposal will require the approval of the Wellington Park Management Trust in accordance with the Wellington Park Management Plan 2013 (amended

October 2015) and a permit under the Wellington Park Regulations 2009.

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

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.3      115-117 New Town Road, New Town - Partial Demolition, Landscaping, Public Art and Furniture

Ref:    Open CPC 7.2.3, 17/02/2020

Application Expiry Date: 18 March 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, landscaping, public art and furniture at 115­117 New Town Road, New Town for the reasons outlined in the officer’s report attached to item 7.2.3 of the Open City Planning Committee agenda of 17 February 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 PLN­19­558 ­ 115­117 NEW TOWN ROAD NEW TOWN TAS 7008 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

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.

ENVHE 1

Recommendations in the report Environmental Health Assessment 115­117

New Town Road, dated October 2019 must be implemented, for the duration of the development.

Reason for condition

To ensure that the risk to workers and future users remains low and acceptable and to ensure that contaminated soils are classified and disposed of in accordance with the EPA's IB105.

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.

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.

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.

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

SHERLOCK                                            That the recommendation be adopted

MOTION CARRIED

VOTING RECORD

9.4      179-191 Murray Street, Hobart, 62 Patrick Street, Hobart Adjacent Road Reserve - Demolition and New Building for General Retail and Hire, Bulky Goods Sales and 68 Multiple Dwellings

Ref:    Supplementary Open CPC 13, 17/02/2020

Application Expiry Date: 25 February 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and new building for general retail and hire, bulky goods sales and 68 multiple dwellings at 179 ­ 191 Murray Street and 62 Patrick Street, Hobart and the adjacent road reservation for the reasons outlined in the officer’s report attached the supplementary item 13 of the Open City Planning Committee agenda of 17 February 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 PLN­19­486 ­ 179­191 MURRAY STREET 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 2019/01398­HCC dated 07/10/2019 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 15a

A demolition waste management plan must be implemented throughout demolition. The demolition waste management plan must include provisions for the handling, transport and disposal of demolition material, including any contaminated waste and recycling opportunities, to satisfy the above requirement.

Advice:

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 can also be found on the Council’s website.

Reason for condition

To ensure that solid waste management from the site meets the Council’s requirements and standards

PLN 2

Planter boxes with an internal dimension of 0.5m, must be provided on the first floor of the building at all junctions between terraces and roofs of the level below. These planter boxes must not reduce the dimension of the terraces, and must encroach over the roof area. Lesser internal dimensions for these planter boxes may be entertained, but must be accompanied by justification from a suitably qualified horticultural expert as to how the proposed depth is capable of sustaining suitable planting, to the satisfaction of the Council.

Additional planter boxes to a maximum depth of 0.3m may be installed to the outer edge of all remaining terraces as desired, but are not required.

Landscaping must be installed in the first floor planter boxes prior to first occupation of the dwellings, and maintained for the life of the use of the building.

Prior to the completion of the building, an automated watering system must be installed for all planter boxes and maintained for the life of the use of the building.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing planter boxes 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 the scale of the building is compatible with nearby buildings.

PLN 4

A landscaping plan detailing the proposed planting for the planter boxes on the first floor of the building must be submitted and approved by the Council’s Director City Planning prior to the commencement of works (other than demolition and site preparation).

The Landscaping Plan must include:

1.     Details of the proposed species, including height and canopy spread for all proposed plants.

2.     Details of the proposed treatment of the soil in the planter beds to ensure their capacity to sustain the proposed plantings.

All landscaping must be planted and installed in accordance with the approved Landscaping Plan to the satisfaction of the Council's Director City Planning prior to commencement of use.

Advice: For further information regarding satisfaction of this condition, please liaise with the Council's Program Leader Arboriculture and Nursery by phoning 6238 2807.

Reason for condition

To ensure that the scale of the building is compatible with nearby buildings, and that the plantings proposed are appropriate to assist with this.

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 built over, must be submitted to Council prior to the commencement of work or issue of any consent under the Building Act 2016 (whichever occurs first).

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 built over as part of the development, must be submitted to Council prior to issue of any Completion or first occupancy (whichever occurs first).

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 sw3

The proposed multi­storey apartment including foundations and overhangs must be designed to ensure the protection and access to the Council’s stormwater main and flood path.

A detailed design must be submitted and approved prior to any approval under the Building Act 2016. The detailed design must:

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

2.     Demonstrate how the design will provide adequate access to the main, impose no additional loads onto the main, that the structure will be fully independent of the main and its trenching, and resist all flood­related forces.

3.     Confirm both the temporary and permanent basement walls / propping provide adequate lateral support for the stormwater infrastructure.

4.     Include cross­sections clearly showing the relationship both vertically and horizontally between Council’s stormwater infrastructure and the proposed works (including footings), and stating the final minimum setbacks from the works to the nearest external surface of the main. Clearly state how the minimum setbacks have been calculated.

Prior to issue of Occupancy, a suitably qualified engineer must confirm the installation of the works within two metres of Council’s stormwater is in accordance with the approved drawings and complies with this condition. Should any remediation works be required, these must be carried out at the developer’s cost.

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

Advice:

Setbacks less than those shown in the Gandy and Roberts structural drawings Rev3 will not be accepted.

The applicant is required to 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 requirements prior to submitting for building approval may result in unexpected delays.

Reason for condition

To ensure the protection of the Council’s hydraulic infrastructure.

ENG sw5

Construction of the works must not adversely impact the Council stormwater infrastructure (ie the overland low path and twin DN1050 piped watercourse)

A Construction Management Infrastructure Protection Report and plans must be submitted and approved prior to commencement of works or issue of any consent under the Building Act 2016 (whichever occurs first). The report and plans must:

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

2.     Detail the proposed construction methodology and identify all potential risks to the infrastructure during construction including but not limited to construction loading, traffic loading, excavation works, footing construction, vibrations, undermining, flood, pipe trench collapse, and environmental harm.

3.     Provide treatment measures to eliminate or otherwise mitigate to as low as reasonably practicable all identified risks.

4.     Include a monitoring regime.

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

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 the protection of the Council’s hydraulic infrastructure.

ENG sw7

Stormwater pre­treatment for stormwater discharges from the development must be installed prior to commencement of use.

Prior to any approval under the Building Act 2016, the stormwater pre­

treatment report and design must:

1.     Be prepared by a suitably qualified engineer.

2.     Include detailed design of the proposed treatment train, including final estimations of contaminant removal to achieve the stormwater quality targets in accordance with the State Stormwater Strategy 2010. Treatment for carpark runoff must target fine sediments and hydrocarbons.

3.     Include a Stormwater Management Summary Plan that outlines the obligations for future property owners to stormwater management, including a maintenance plan which outlines the operational and maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.

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

Advice:

·        Once the plan has 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

To avoid the possible pollution of drainage systems and natural watercourses, and to comply with relevant State legislation.

ENG tr2

A construction traffic and parking management plan must be implemented prior to the commencement of work on the site (including demolition).

The construction traffic (including cars, public transport vehicles, service vehicles, pedestrians and cyclists) and parking management plan must be submitted and approved, prior to the issue of any approval under the Building Act 2016 or the commencement of works on site (whichever occurs first). The construction traffic and parking management plan must include but not limited to, the following information;

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; and

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).