Minutes (Open Portion)

Council Meeting

Page 2

23/3/2020

Minutes (Open Portion)

Council Meeting

Page 50

23/03/2020

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Tuesday, 10 March 2020, 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

The minutes were signed.

Harvey

Burnet                                                      That item 13.4 be taken after item 9.7.

MOTION CARRIED

VOTING RECORD

Behrakis

Sherlock                                                                                                                  

That items 13.1,13.2 and 13.3 be taken together after item 13.4.

MOTION CARRIED

VOTING RECORD

Sexton

Thomas

In accordance with regulation 22(9) of the Local Government (Meeting Procedures) Regulations 2015, the Council suspend the operation of regulation 22 for the meeting by the following:

1.    Elected members may only speak for a maximum of once per agenda item;

2.    Elected members may only speak for a maximum of two minutes per item;

3.    There be no extensions of time; and

4.    There be no summing up.

MOTION CARRIED

VOTING RECORD

The Lord Mayor advised that given the evolving situation with Coronavirus and advice provided by the Australian Government Department of Health on public gatherings, the Council meeting is being conducted in accordance with the social distancing guidelines. Specifically this includes;

·         The layout of the Chamber has been changed to provide more distance between all attending tonight;

·         Cleaning and disinfecting of furniture, fittings and surfaces has occurred prior to the meeting; and

·         Hand sanitiser has been provided for use. 

The Lord Mayor further advised that whilst she did not wish to restrict debate on any item on the agenda, in the interest of concluding the gathering as quickly as possible, encouraged all members of the Council to be succinct during debate.

The Lord Mayor appealed to all members of the Council to approach the meeting and the coming weeks with the greatest of sensitivity and to send a sign of unity and calm to the community.

The Lord Mayor also advised that Council is continuing to lobby the Minister for Local Government to allow future meetings to be via by video link.

The Lord Mayor advised and congratulated Councillor Sherlock on being awarded the Women & Leadership Australia - Tasmanian Award for Excellence in Women’s Leadership.

Mr Lohberger was not in attendance but requested his question be asked. The General Manager put the following question on behalf of Mr Lohberger.

Question:

The Hobart City Council website says the location of the new ratepayer-funded $6.5 million Brooker Ave pedestrian bridge, which directly connects two UTAS campuses, was recommended by the Queens Domain Master Plan.

In January this year the Council told me in writing that the location of the bridge was changed from the recommended location due to "detailed design considerations".

Following the January Hobart City Council meeting, another ratepayer sent me a Hobart City Council letter dated September 2016, which says the decision to change the location of the bridge was actually "negotiated".

Is it true that the Hobart City Council negotiated with UTAS about the final location of the new pedestrian bridge and, as a result of those negotiations, the location was changed to directly connect two UTAS campuses?

Why did the Hobart City Council not seek a co-payment from UTAS when negotiating with UTAS to change the bridge location to suit UTAS, noting that UTAS and the HCC had previously signed an MOU that described this bridge as a "joint infrastructure development"?

Response:

The Lord Mayor took the question on notice advising the Council will provide a written response in due course.

Mr Renner was not in attendance but requested the Deputy Lord Mayor put the following question on behalf of Mr Renner.

Question:

Can the Hobart City Council assist business owners and operators by immediately suspending business rates for three months?

Response:

The General Manager took the question on notice, noting there was an item on the agenda that addressed the issue and the Council will provide a written response in due course.

The General Manager tabled a petition from the Hobart Wheelers-Dirt Devils calling for Council to adopt to Draft Mountain Bike Network Plan as a formal plan.

There were 179 signatories to the petition.

Briscoe

Behrakis

That the petition be received and noted and referred to the appropriate

Committee.

MOTION CARRIED

VOTING RECORD

Attachment

a.   Petition - Hobart Wheelers Dirt Devils Inc - Draft Mountain Bike Network Plan   

9.1      1-3 Elizabeth Street, Hobart - Partial Change of Use (Mawson's Hut Replica Museum)

Ref:    Open CPC 7.1.1, 16/03/2020

Application Expiry Date: 30 April 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial change of use (Mawson’s Hut Replica Museum) at 1­3 Elizabeth 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 16 March 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 PLN­19­943 1­3 ELIZABETH STREET 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, Works Application No. 6168 dated 3rd March 2020, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN 10

All signage must be removed from the site when the removal of the Mawson’s Huts replica structures takes place.

Reason for condition

To ensure that the signage is temporary only.

PLN s1

The proposed use and development is approved until 23 March 2022. After this time, the use must cease immediately, and within 3 months of that date, all buildings and associated structures must be removed and the site made good to its former state immediately prior to the commencement of the use and development.

ADVICE:

For the purposes of this condition, ‘immediately prior to the commencement of the use and development’ is taken to mean 9 September 2013.

Reason for condition

To clarify the scope of the permit.

PLN s2

The owner must pay the cost of any alterations and/or reinstatement to the Council’s infrastructure, incurred as a result of the proposed development works. Such payment is to be made within 60 days of the issue of a certificate of completion, or any demand, whichever is the latter.

Reason for condition

To ensure that any Council infrastructure affected by the proposal will be altered and/or reinstated at the owner’s full cost.

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.

PUBLIC CONVENIENCES

The applicant be advised to provide information regarding public conveniences located nearby to patrons.

Burnet

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      1 Glebe Street, Glebe - Sign

Ref:    Open CPC 7.2.1, 16/03/2020

Application Expiry Date: 6 April 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for a sign at 1 Glebe Street, Glebe for the following reasons:

1.     The proposal does not meet the acceptable solution or the performance criterion with respect to clauses E17.6.1 and E17.7.1 Standards for Signs of the Hobart Interim Planning Scheme 2015 because a banner sign is prohibited in the inner residential zone.

ADVICE

The banner sign be removed as soon as practicable.

Behrakis

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

ZUCCO
BRISCOE

That:   1.    Items 9.3, 9.5 and 9.6 be taken together.

            2.    The recommendations be adopted.

MOTION CARRIED

VOTING RECORD

9.3      63 Giblin Street, Lenah Valley - Subdivision (One Additional Lot)

Ref:    Open CPC 7.2.3, 16/03/2020

Application Expiry Date: 14 April 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for a subdivision (one additional lot) at 63 Giblin Street Lenah Valley TAS 7008 for the following reasons:

1.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause 10.6.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the subdivision includes a proposed Lot 1 which does not achieve the minimum lot size required for an internal lot under Table 10.1.

ZUCCO
BRISCOE                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.4      67 Woodcutters Road, Tolmans Hill - Partial Demolition, Extension and Alterations

Ref:    Open CPC 7.2.4, 16/03/2020

Application Expiry Date: 10 April 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, extension and alterations at 67 Woodcutters Road, Tolmans Hill for the reasons outlined in the officer’s report attached to item 7.2.4 of the Open City Planning Committee agenda of 16 March 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 PLN­20­8 ­ 67 WOODCUTTERS ROAD TOLMANS HILL TAS 7007 ­ 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 2020/00020­HCC dated 16/01/2020 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

PLN s1

This permit does not approve a change of use to the existing single dwelling on the site. The use must remain as a single dwelling unless further and separate planning approval is sought and obtained from the Council.

Reason for condition

To clarify the scope of the permit

PLN s4

Prior to the issue of any approval/consent under the Building Act 2016, or commencement of work on site (whichever occurs first), revised plans must be submitted and approved showing:

1.     The extension to the existing dwelling with an absolute height not exceeding 6.395m above natural ground level at any point.

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

Advice:

The plans submitted informally to Council on 23 February 2020 (drawing DA10 Rev. 3 and DA 11 Rev 2, both dated 21/2/2020) are considered to satisfy this condition.

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).

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

Prior to first occupation, a stormwater detention system in accordance MinD Architects drawing DA12 Revision 3 must be installed to limit stormwater discharges from the roofed area on the site to a maximum of 2.5 L/s.

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 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 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) with the exception that jockey parking is permitted.

Advice:

It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.

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 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) 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 is two (2).

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.

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.

TOLMANS HILL LOCAL AREA PLAN

The Tolmans Hill Local Area Plan (Stage 2) is available here.

Front fences must not be erected on the property, and side boundary fences must be in accordance with the provisions of the Tolmans Hill Local Area Plan (Stage 2).

This approval and subsequent conditions are given in the knowledge that the Part 5 Agreement on the title (CT. 131194/92) to the property is effective and binds the applicant to the restrictions and controls of the Tolmans Hill Local Area Plan (Stage 2).

Plant species listed in Council’s Restricted Plant List: Potentially Invasive Species Generally Unsuitable for Planting in or Adjacent Bushland, Riparian and Coastal Areas (June 2011) must not be planted on the lot (available here).

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.

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.

ADVICE

The applicant consider lowering the profile of the roof, and a conciliation process with the owners of the neighbouring properties.

Burnet

Sherlock                                             That the recommendation be adopted.

Procedural Motion

Ewin

Harvey                                                                       That the matter be deferred.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the matter be deferred.

9.5      342 Sandy Bay Road, Sandy Bay 1/ 344-346 Sandy Bay Road, Sandy Bay Adjacent Crown Land

Ref:    Open CPC 7.2.5, 16/03/2020

Application Expiry Date: 14 April 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for subdivision (lot consolidation) at 342 and 1/344­346 Sandy Bay Road, Sandy Bay and adjacent crown land for the reasons outlined in the officer’s report attached to item 7.2.5 of the Open City Planning Committee agenda of 16 March 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 PLN­20­146 ­ 342 SANDY BAY ROAD SANDY BAY TAS 7005 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

SUB s1

An amendment to Strata Plan 144514 must be submitted to Council in accordance with the requirements of sections 19 and 31 of the Strata Titles Act 1998, once the Planning Scheme Amendment to rezone Lot 1 and the land comprised in CT 76753/1 to General Residential has been approved.

Reason for condition

To enable Lot 1 and CT 76753/1 to be added to CT 144154/1 and the common property for Strata Plan 144514.

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.

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.

STORMWATER

Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information.

COUNCIL RESERVES

This permit does not authorise any works on the adjoining Council land. Any act that causes, or is likely to cause, damage to Council’s land may be in breach of Council’s Public Spaces By­law and penalties may apply. A permit is required for works on Council land. The by­law is available here.

FEES AND CHARGES

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

SUBDIVISION ADVICE

For information regarding standards and guidelines for subdivision works click here. All conditions imposed by this permit are in accordance with the Local Government Building & Miscellaneous Provisions) Act 1993 and the Conveyancing and Law of Property Act 1884.

ZUCCO
BRISCOE                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.6      2 / 19 - 21 Castray Esplanade, Battery Point Adjacent Road Reserve - Outdoor Dining Furniture - PLN-20-4

Ref:    Supplementary Open CPC 11, 16/03/2020

            Application Expiry Date: 24 March 2020

That pursuant to the Sullivans Cove Planning Scheme 1997, the Council refuse the application for outdoor dining furniture at 2/19­21 Castray Esplanade and the adjacent road reserve Battery Point for the following reasons:

1.      The proposal does not meet the objective or the performance criterion with respect to clause 16.2(a) of the Sullivans Cove Planning Scheme 1997 because it does not respect the cultural heritage and character of the Activity Area by not demonstrably contributing to, and enhancing the cultural heritage, built form and spatial characteristics of the activity area.   

2.      The proposal does not meet the objective or the performance criterion with respect to clause 16.2(b) of the Sullivans Cove Planning Scheme 1997 because it does not conserve and enhance the amenity, character and cultural heritage values of the Cove’s roads, because it will detract from the Cove’s heritage value.

ZUCCO
BRISCOE                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD