Minutes (Open Portion)

Council Meeting

Page 2

1/8/2022

Minutes (Open Portion)

Council Meeting

Page 21

1/08/2022

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 11 July 2022 and the minutes of the meeting of the Open Portion of the Special Council meeting held on Monday, 25 July 2022, 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 minutes were signed.

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Briscoe

Sexton

Thomas

Harvey

Behrakis

Dutta

Sherlock

No public questions were received.

9.1      1 Ellerslie Road, Battery Point - Alterations

Ref:    Open CPC 7.2.2, 25/07/2022

Application Expiry Date: 22 August 2022

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations at 1 Ellerslie Road, Battery Point 7004, for the reasons outlined in the officer’s report attached to item 7.2.2 of the Open City Planning Committee agenda of 25 July 2022 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 PLN­22­322 ­ 1 ELLERSLIE ROAD BATTERY POINT TAS 7004 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG sw1

Prior to first occupation or commencement of use (whichever occurs first), 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.

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 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.

HER 6

All onsite excavation and disturbance must be monitored. Should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

1.       All excavation and/or disturbance must stop immediately; and

2.      A qualified archaeologist must be engaged to attend the site and provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and

3.      All and any recommendations made by the archaeologist engaged in accordance with 2. above must be complied with in full; and

4.      All features and/or deposits discovered must be reported to the Council with 3 days of the discovery; and

5.      A copy of the archaeologist's advice, assessment and recommendations obtained in accordance with 2. above must be provided to Council within 30 days of receipt of the advice, assessment and recommendations.

Excavation and/or disturbance must not recommence unless and until approval is granted from the Council.

Reason for condition

To ensure that work is planned and implemented in a manner that seeks to understand, retain, protect, preserve and manage significant archaeological evidence.

HER 17a

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved to demonstrate that the palette of exterior colours, materials and finishes reflect the palette of colours, materials and finishes within the place.

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

Advice:

This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit. For additional advice regarding appropriate colours, materials and finishes, contact Council's Cultural Heritage Officer by calling 6238 2715.

Reason for condition

To ensure that development at a heritage place is undertaken in a sympathetic manner which does not cause 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.

CONDITION ENDORSEMENT

If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning portal. Detailed instructions can be found here.

A fee of 2% of the value of the works for new public assets (stormwater infrastructure, roads and related assets) will apply for the condition endorsement application.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).

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.

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.

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.

NOISE REGULATIONS

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

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

Behrakis                                              That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      1/2-4 Flinders Lane, Sandy Bay and Common Land of Parent Title - Change of Use to Visitor Accommodation

Ref:    Open CPC 7.2.3, 25/07/2022

Application Expiry Date: 10 September 2022

That the Council refuse the application for a change of use to visitor accommodation at 1/2-4 Flinders Lane, 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 reason:

1.   The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A2 or P2 of Planning Directive No. 6 because the proposal is part of a strata scheme and the proposal would cause an unreasonable loss of residential amenity to long term residents occupying another lot within the strata scheme.

Burnet

Sherlock                                               That the recommendation be adopted.

MOTION LOST

VOTING RECORD

Behrakis

briscoe                                                                                                                      

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for change of use to visitor accommodation at Unit 1, 2­4 Flinders Lane, Sandy Bay 7005, for the reasons outlined in the officer’s report, marked as item 7.2.3 of the Open City Planning Committee agenda of 25 July 2022, and a permit containing the conditions indicated in that recommendation be issued.

MOTION LOST

VOTING RECORD

COUNCIL RESOLUTION:

In the absence of a decision from the Council, this application will be determined by the Director City Life pursuant to a delegation under section 6(3) of the Land Use Planning and Approvals Act 1993, as set out below:

To exercise the power of the Council as planning authority pursuant to Section 59 (7) of the Land Use Planning and Approvals Act 1993 to determine applications where no request to make a decision has been lodged with the Resource Management and Appeal Tribunal.

9.3      8 - 10 Downie Street, South Hobart - Change of Use to Visitor Accommodation

Ref:    Open CPC 7.2.4, 25/07/2022

Application Expiry Date: 2 August 2022

That the Council refuse the application for a change of use to visitor accommodation at 8–10 Downie Street, South Hobart 7004 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:

1.   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.

2.   The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A2 or P2 of Planning Directive No. 6 because the proposal is part of a strata scheme and the proposal would cause an unreasonable loss of residential amenity to long term residents occupying another lot within the strata scheme.

3.   The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.6.1 A1 or P1 because the lack of on–site parking will not meet the reasonable needs of users, having regard to the matters listed in (a) to (m) of P1.

Burnet

Sherlock                                            That the recommendation be adopted.

MOTION LOST

VOTING RECORD

Behrakis

BRISCOE                                               

That pursuant to the Hobart Interim Planning Scheme 2015, the Council, in accordance with the delegations contained in its terms of reference, approve the application for change of use to visitor accommodation at 8­10 Downie Street South Hobart TAS 7004 for the reasons outlined in the officer’s report, marked as item 7.2.4 of the Open City Planning Committee agenda of 25 July 2022, and a permit containing the conditions list in that recommendation be issued.

MOTION LOST

VOTING RECORD

COUNCIL RESOLUTION:

In the absence of a decision from the Council, this application will be determined by the Director City Life pursuant to a delegation under section 6(3) of the Land Use Planning and Approvals Act 1993, as set out below:

To exercise the power of the Council as planning authority pursuant to Section 59 (7) of the Land Use Planning and Approvals Act 1993 to determine applications where no request to make a decision has been lodged with the Resource Management and Appeal Tribunal.

9.4      1/35 Valley Street, West Hobart & Common Land of Parent Title & 37 Valley Street & Lot 0/40 Valley Street, West Hobart - Change of Use to Visitor Accommodation

Ref:    Open CPC 7.2.5, 25/07/2022

Application Expiry Date: 26 August 2022

That the Council refuse the application for a change of use to visitor accommodation at 1/35 Valley Street, West Hobart 7000 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:

1.   The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A2 or P2 of Planning Directive No. 6 because the proposal is part of a strata scheme and the proposal would cause an unreasonable loss of residential amenity to long term residents occupying another lot within the strata scheme.

2.   The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.6.1 A1 or P1 because the lack of on–site parking will not meet the reasonable needs of users, having regard to the matters listed in (a) to (m) of P1.

Burnet

Sherlock                                            That the recommendation be adopted.

MOTION LOST

VOTING RECORD

Behrakis

briscoe                                      

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for change of use to visitor accommodation at 1/35 Valley Street West Hobart TAS 7000 for the reasons outlined in the officer’s report, marked as item 7.2.5 of the Open City Planning Committee agenda of 25 July 2022, and a permit containing the conditions listed in that recommendation be issued.

MOTION LOST

VOTING RECORD

COUNCIL RESOLUTION:

In the absence of a decision from the Council, this application will be determined by the Director City Life pursuant to a delegation under section 6(3) of the Land Use Planning and Approvals Act 1993, as set out below:

To exercise the power of the Council as planning authority pursuant to Section 59 (7) of the Land Use Planning and Approvals Act 1993 to determine applications where no request to make a decision has been lodged with the Resource Management and Appeal Tribunal.

9.5      1 Knopwood Street, Battery Point and Adjacent Road Reserve - Demolition and New Building for 26 Multiple Dwellings and Food Services and works within Council Road Reservation

Ref:    Open CPC 13, 25/07/2022

Application Expiry Date: 2 August 2022

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for a partial demolition and new building for 26 multiple dwellings and food services at 1 Knopwood Street Battery Point TAS 7004 for the following reasons:

1.           The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the design and siting of the buildings results in detriment to the historic cultural heritage significance of the precinct as described in Table E13.2.

2.           The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.4 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the site area per dwelling of the proposal detracts from the pattern of development that is a characteristic of the historic cultural heritage significance of the precinct in the vicinity of the site as described in Table E13.2.

3.           The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.4 A3 or P3 of the Hobart Interim Planning Scheme 2015 because the building height is obtrusive in the streetscape and detracts from the pattern of development that is a characteristic of the precinct in the vicinity of the site as described in Table E13.2.

4.           The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.4 A6 or P6 of the Hobart Interim Planning Scheme 2015 because the building detracts from the pattern of development that is a characteristic of the precinct in the vicinity of the site as described in Table E13.2.

5.           The proposed cafe/wine bar is within the use class Food Services which is prohibited in the use Table at clause 11.2 of the Hobart Interim Planning Scheme 2015, because it is not within an existing building.

Procedural Motion

Burnet

Harvey                                                                                                                       

That on request of the applicant, the matter be deferred.

PROCEDURAL MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That on request of the applicant, the matter be deferred.

9.6      25 Salamanca Place, 39 Salamanca Place, 41 Salamanca Place and Adjacent Road Reserve - Alterations (External Lighting)

Ref:    Open CPC 3.1.1, 1/08/2022

Application Expiry Date: 2 September 2022

That pursuant to the Sullivans Cove Planning Scheme 1997, the Council refuse the application for alterations (external lighting) at Nos. 25 and 39­41 Salamanca Place 7004 and the adjacent road reserve for the following reasons:

1.      The proposal does not meet clause 22.4.5 of the Sullivans Cove Planning Scheme 1997 because the 'buildings or works' do not complement or contribute to the cultural heritage significance, character and appearance of the heritage listed place and Salamanca Place, are individually prominent and the location, bulk and appearance will adversely affect the heritage values of a place of cultural significance.

2.      The proposal does not meet clause 28.6 of the Sullivans Cove Planning Scheme 1997 because the demolition results in an unacceptable impact on the cultural heritage values (fabric) of heritage listed places and Sullivans Cove.

Burnet

Thomas                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

10.      State Planning Provisions Review - Feedback on Scoping Paper

Ref:    Open CPC 4.1, 1/08/2022

That the Council endorse the feedback on the scope of the State Planning Provisions review as shown in Attachment A to item 4.1. of the Special City Planning Committee agenda of 1 August 2022 for submission to the Tasmanian Government.  

1.      Council endorse the feedback on the scope of the State Planning Provisions review in Attachment A for submission to the Tasmanian Government.  

Burnet

Harvey                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

11.      Response to Notice of Motion - Differential Rating Strategy

Ref:    Open FGC 6.1, 26/07/2022

That:   1.      Council consider differential rating for properties used for short stay visitor accommodation and vacant – residential land during its broader review of the City of Hobart Rating and Valuation Strategy in 2022-23.

2.      In order to both ensure housing stock is retained and to stimulate development, the Council commit to finding incentives through clear rating strategies in order to provide clear incentives to build on vacant residential land, and significantly higher rates for short stay accommodation in residential areas.

3.      A differential rating strategy or other appropriate measures be considered to address long-term unoccupied properties as part of the broader review of the City of Hobart Rating and Valuation Strategy in 2022-23.

Sexton

Briscoe                                                That the recommendation be adopted.

Amendment

Burnet

Dutta                                                                                                                           

That clause 2 be amended to read:

In order to both ensure housing stock is retained and to stimulate residential development, the Council commit to finding incentives through providing incentives, especially to build on vacant residential land, and to consider potentially significantly higher rates for short stay accommodation in residential areas.

AMENDMENT CARRIED

VOTING RECORD

Amendment

Behrakis

Thomas                                                                                                                       

That the words ‘A differential rating strategy or’ be deleted from clause 3.

AMENDMENT CARRIED

VOTING RECORD

The Lord Mayor then put clauses 1 to 3 separately

SUBSTANTIVE MOTION CARRIED
(CLAUSE 1)

VOTING RECORD

SUBSTANTIVE MOTION CARRIED
(CLAUSE 2)

VOTING RECORD

SUBSTANTIVE MOTION CARRIED
(CLAUSE 3)

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.      Council consider differential rating for properties used for short stay visitor accommodation and vacant – residential land during its broader review of the City of Hobart Rating and Valuation Strategy in 2022-23.

2.      In order to both ensure housing stock is retained and to stimulate residential development, the Council commit to finding incentives through providing incentives, especially to build on vacant residential land, and to consider potentially significantly higher rates for short stay accommodation in residential areas.

3.      Other appropriate measures be considered to address long-term unoccupied properties as part of the broader review of the City of Hobart Rating and Valuation Strategy in 2022-23.

12.      Petition Seeking Elector Poll - Save UTas Campus Inc

Ref:    Open FGC 6.2, 26/07/2022

That:   1.      The Council note that the petition tabled at the Council meeting of 14 June 2022 submitted by Professor Pam Sharpe contained the signatures of over 1,000 electors from the Hobart municipal area and that it is required to conduct an elector poll in relation to the University of Tasmania’s proposed relocation of its campus from Sandy Bay to the central business district of Hobart.

2.      The elector poll be conducted in conjunction with the next ordinary local government election in October 2022.

3.      The Tasmanian Electoral Commission be engaged to undertake the elector poll on the Council’s behalf and the Council notes that in accordance with s60D of the Local Government Act 1993 that an elector poll held in conjunction with an election is to be conducted as determined by the Electoral Commissioner which includes the determination of the question to be asked.

4.      The University of Tasmania and Save UTas Campus Inc be requested to provide the “yes case” and “no case” respectively with these to be provided to the Electoral Commissioner.

5.      The Tasmanian Electoral Commissioner be asked to consider the inclusion of an “undecided” voting option as part of the Elector Poll.

Sexton

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

13.      Legislative Council Select Committee
Inquiry into the provisions of the University of Tasmania Act 1992

Ref:    Open FGC 6.3, 26/07/2022

That:   1.      The Council make a submission to the Legislative Council Select Committee Inquiry into the provisions of the University of Tasmania Act 1992 including the following positions:

(i)      In accordance with the Council’s resolution of 27 June 2022 the report marked as Item 6.5 and attachments of Item 6.4 of the Open Finance and Governance Committee agenda of 21 June 2022 form the basis of the submission.

2.      The Chief Executive Officer be authorised to finalise the form of a submission on behalf of the City of Hobart.

Sexton

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

14.      TCA Ground Indoor Cricket Centre - Lease Renewal

Ref:    Open PRC 6.1, 14/07/2022

That:   1.      A new lease to the North Hobart Cricket Club for the TCA Ground Indoor Cricket Centre, TCA Ground, Davies Avenue, Hobart be approved for a period of five (5) years with a further option of a second term of five (5) years, subject to no objections being received during the statutory community engagement process required under Sections 178 and 179 of the Local Government Act 1993.

2.      The lease be provided to the North Hobart Cricket Club at a commercial rate determined to be at $14,685 inc GST per annum with provision for a CPI increase each financial year.

3.      Should any objections be received during the community engagement period, a further report will be provided to the Council.

4.      The Chief Executive Officer be authorised to finalise the terms and conditions of the lease.

Briscoe

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD