Agenda of Council Meeting - Monday, 11 July 2022

Agenda (Open Portion)

Council Meeting

Page 6

11/7/2022

A meeting of the Open Portion of the Council will be held in the Council Chamber, Town Hall on Monday, 11 July 2022 at 5:00 pm.

Kelly Grigsby

Chief Executive Officer

The title Chief Executive Officer is a term of reference for the General Manager as appointed by Council pursuant s.61 of the Local Government Act 1993 (Tas).

This meeting of the Council is held in accordance with a Notice issued by the Premier

on 31 March 2022 under section 18 of the COVID-19 Disease Emergency

(Miscellaneous Provisions) Act 2020.

ELECTED MEMBERS:

Lord Mayor A M Reynolds

Deputy Lord Mayor C 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 J Fox

Councillor Dr Z E Sherlock

Councillor W N S Coats

APOLOGIES:

LEAVE OF ABSENCE:

Alderman Dr P T Sexton

Alderman D C Thomas

Councillor Dr Z E Sherlock

1. Confirmation of Minutes

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 27 June 2022, 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 the following workshops have been conducted since the last ordinary meeting of the Council.

Date: 5 July 2022

Purpose: Caretaker Policy

5. Public Question Time

Regulation 31 Local Government (Meeting Procedures) Regulations 2015.
File Ref: 16/119-001

5.1 Public Questions

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 Chief Executive Officer 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 of the Council 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

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11/07/2022

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 Chief Executive Officer 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 2/816 Sandy Bay Road, Sandy Bay and Common Land of Parent Title - Change of Use to Visitor Accommodation

PLN-21-569 - File Ref: F22/63404

Ref: Open CPC 7.2.1, 4/07/2022

Application Expiry Date: 27 July 2022

That the City Planning Committee recommends that the Council refuse the application for a change of use to visitor accommodation at 2/816 Sandy Bay Road, Sandy Bay 7005 pursuant to the Hobart Interim Planning Scheme 2015 and Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes, for the following reasons:

The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A1 or P1 of Planning Directive No. 6 because the gross floor area is in excess of 200m², and the proposal is not compatible with the character and use of the area and would cause an unreasonable loss of residential amenity.

9.2 18 Grosvenor Street, Sandy Bay and Common Land of Parent Title - Change of Use to Visitor Accommodation

PLN-22-328 - File Ref: F22/63412

Ref: Open CPC 7.2.2, 4/07/2022

Application Expiry Date: 11 July 2022

In the absence of a decision from the City Planning Committee the item is referred to the Council for determination.

Attachment a: Original Report - CPC 4 July 2022 - Item 7.2.2 - 18 Grosvenor Street

Agenda (Open Portion)

Council Meeting

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11/7/2022

10. Submissions Received Public Notification Period for the Certified Amendment for Short Stay Visitor Accommodation

File Ref: F22/40681; PSA-22-1

Ref: Open CPC 8.1, 4/07/2022

That: 1. Pursuant to section 39 (2) of the former provisions of the Land Use Planning and Approvals Act 1993, that Council endorse the report marked as item 8.1 of the Open City Planning Committee agenda of 4 July 2022 as the formal statement of its opinion as to the merit of the representations received during the public exhibition of the certified amendment PSA-22-1.

2. Pursuant to section 39 (2) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council recommend to the Tasmanian Planning Commission that PSA-22-1 marked as Attachment A to item 7.1.4 of the Open City Planning Committee agenda of 21 March 2022 to the Hobart Interim Planning Scheme 2015 be approved as certified.

11. Response to Notice of Motion - Assessment of Planning Applications with Heritage and Disability Access Issues

File Ref: F22/44643

Ref: Open CPC 8.2, 4/07/2022

That the Council propose, as part of the review of the State Planning Provisions currently being undertaken by the State Planning Office, that there is some flexibility introduced into the requirements of the development standards in the Local Historic Heritage Code which would allow for equal access to buildings.

Agenda (Open Portion)

Council Meeting

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Community, Culture and Events Committee

13. Salamanca Market By-Law No.1 of 2022

File Ref: F22/46521; S33-060-02/38

Ref: Open CCEC 6.1, 30/06/2022

That the Council delegate authority to the Chief Executive Officer to take the remaining necessary steps to create the Salamanca Market By-Law No. 1 of 2022 marked as Attachment A to item 6.1 of the Open Community Culture and Events Committee agenda of 30 June 2022.

14. Speaker's Corner - 6 Month Trial

File Ref: F22/56706; 21/27

Ref: Open CCEC 6.2, 30/06/2022

That: 1. The Council approve the ongoing Speakers’ Corner Program for the City of Hobart.

2. Based on the findings of the Speakers’ Corner trial of 26 April 2021 to 31 October 2021 and the observations of the use of the Salamanca Plaza site during the ‘Out in the Open’ program between February and April 2022, the Chief Executive Officer finalise the Speakers’ Corner Terms and Conditions and update the site signage for delivery of the program to commence by August 2022.

15. Request for Financial Delegation for Annual Grants ($20,000 and Over)

File Ref: F22/56931; 21/48

Ref: Open CCEC 6.3, 30/06/2022

That in light of upcoming Local Government elections and in the interests of good governance at this time that pursuant to Section 22 of the Local Government Act 1993, the Council delegate authority to the Chief Executive Officer to approve the recommendations of two assessment panels in September 2022, for the annual grants for Creative Hobart Major Cultural Organisations and Event Partnerships to levels as provided in the 2022-2023 Annual Plan.

Agenda (Open Portion)

Council Meeting

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Economic Development & Communications Committee

16. Business Events Tasmania Annual Funding Submission and Funding Agreement

File Ref: F22/41466

Ref: Open EDCC 6.1, 30/06/2022

That: 1. The Council provide funding of $114,932 to Business Events Tasmania which has been included in the Economic Development Budget Function of the 2022-23 Annual Plan.

2. The total funding provision be recorded in the ‘Grants, Assistance and Benefits provided’ section of the City of Hobart’s Annual Report.

3. The Council endorses the City of Hobart / Business Events Tasmania Funding Agreement 2022 – 2023 marked as Attachment B to item 6.1 of the Open Economic Development and Communications Committee agenda of 30 June 2022.

17. World Cities Summit

File Ref: F22/55553

Ref: Open EDCC 6.2, 30/06/2022

That the Council endorse the attendance of the Chief Executive Officer and the Director Connected City at the World Cities Summit in Singapore from 31 July to 3 August 2022 as detailed in the report marked as item 6.2 of the Open Economic Development and Communications Committee agenda of 30 June 2022.

Item No. 18

Agenda (Open Portion)

Council Meeting

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11/7/2022

Memorandum: Council

2022 Election Caretaker Provisions

The purpose of this report is to seek approval of the Council for a range of matters in relation to caretaker arrangements in the lead-up to the 2022 local government election.

Caretaker Policy

Council resolved on 27 June 2022 that a report be provided to Council regarding possible Caretaker provisions to be considered for adoption before the 2022 Local Government election.

A draft Policy has been prepared and was the subject of a Council workshop on 5 July 2022. Attachment A to this report is a copy of the draft policy which incorporates feedback and comments arising from the Council’s workshop.

The draft Policy has been based on the policy recently adopted by Kingborough Council which was recommended by the Minister for Local Government to be considered for adoption by other councils. Some amendments have been made to that Policy to suit the different operating context.

It is recommended that the Council adopt the draft Caretaker Policy included as Attachment A to this report.

2022 Meeting Schedule

As Elected Members would be aware, the Tasmania Electoral Commission has released its 2022 election timetable. Polling closes at 2pm on Tuesday 25 October 2022 and it is anticipated that the results of the election will be known on or around 2 November 2022 with Certificates of Election to follow thereafter.

In order to maintain business as usual as best as possible leading into the close of polls and immediately following certificates of election being issued, the following changes to the Council and Committee meeting schedule is proposed. These are also set-out in Attachment B to this report.

Tuesday 25 October Polls close 2pm

Special Council meeting

Cancel Finance and Governance Committee

Cancelled Council meeting 31 October

City Infrastructure Committee 2 November

Community, Culture and Events Committee 3 November

Economic Development and Communications Committee 3 November

City Planning Committee 7 November

Monday 7 November Ceremonial Special Council meeting – swearing-in of the new Council

Monday 14 November Council meeting – determination of committee memberships and representatives on outside bodies

Thursday 17 November Committees proceed as normal

With the amendments to the meeting schedule proposed it is also recommended that the Director City Life be provided with the following delegation in order to facilitate the processing of planning permit applications during the period 26 October 2022 to 21 November 2022:

(i) To determine all planning permit applications which would otherwise be determined by Committee or Council in circumstances where it would not otherwise be possible to determine the application within the statutory time period required under Sections 57(6), 57(6A), 58(2) or 58(2A) of the Land Use Planning and Approvals Act 1993, and an extension of time cannot be obtained, unless an Elected Member has requested the convening of a special meeting or meetings of the Planning Authority to determine an application and there is sufficient time to arrange a special meeting prior to the expiry of the statutory time period required under those sections.

It should be noted this delegation still provides Elected Members with the power to call-in a development application provided there is sufficient statutory time to do so. Until such time as a planning authority committee has been established, such matters would be submitted directly to a Council meeting.

The above proposed delegation is the same as is normally adopted during the Christmas/New Year period.

Tas Water Owner’s Representative

Councillor Coats is currently the Council’s Owner’s Representative. The next scheduled meeting of the Tas Water Owners’ Representatives is scheduled to occur before 30 November due 2022 to its statutory obligations. In order to ensure that the Council is able to participate and vote at that meeting it is recommended that the Council appoint the Chief Executive Officer and the Manager Legal and Governance as standing proxies in the event that an appointment by the Council has not been able to be made following the election.

REcommendation

That:

1. The Council adopt the draft Caretaker Policy included as Attachment A to this report.

2. The Council adopt the changes to the Council and Committee Meeting Schedule as shown in Attachment B to this report.

3. The Director City Life be provided with the following delegation in order to facilitate the processing of planning permit applications during the period 26 October 2022 to 21 November 2022:

(i) To determine all planning permit applications which would otherwise be determined by Committee or Council in circumstances where it would not otherwise be possible to determine the application within the statutory time period required under Sections 57(6), 57(6A), 58(2) or 58(2A) of the Land Use Planning and Approvals Act 1993, and an extension of time cannot be obtained, unless an Elected Member has requested the convening of a special meeting or meetings of the Planning Authority to determine an application and there is sufficient time to arrange a special meeting prior to the expiry of the statutory time period required under those sections.

4. The Council appoint the Chief Executive Officer and the Manager Legal and Governance as standing proxies for the Council’s Tas Water Owner’s Representative.

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

Kelly Grigsby

Chief Executive Officer

Date: 6 July 2022

File Reference: F22/62327

Attachment a: Caretaker Policy ⇩

Attachment b: Council and Committee Meeting Schedule 2022 - LG ELection Period ⇩

Agenda (Open Portion)

Council Meeting

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11/7/2022

19. Closed Portion Of The Meeting

RECOMMENDATION

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

· Confirm the minutes of the closed portion of the meeting

· Leave of Absence

· Legal action involving the Council

· Information of a confidential nature

The following items are listed for discussion:-

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

Item No. 2 Communication from the Chairman

Item No. 3 Leave of Absence

Item No. 4 Consideration of supplementary Items to the agenda

Item No. 5 Indications of pecuniary and conflicts of interest

Item No. 6.1 PLN-20-499 - 28-30 Davey Street Hobart - Mediation Appeal

LG(MP)R 15(4)(a)

Item No. 7 Taste of Summer Program Update

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