Minutes (Open Portion)

Council Meeting

Page 2

12/9/2022

Minutes (Open Portion)

Council Meeting

Page 27

12/09/2022

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 29 August 2022, 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 Deputy Lord Mayor provided the following report to the Council on her recent attendance at Capital City Lord Mayors (CCCLM) in Canberra, representing the Lord Mayor:

It was a privilege to represent the City of Hobart at last week’s Council of Capital City Lord Mayors delegation to Canberra.

The Council of Capital City Lord Mayors (CCCLM) has a history of over 50 years providing national leadership, evidence based research, intergovernmental relations and advocacy to ensure Australia’s capital cities are influencing federal priorities to shape our unique cities and meet current and future challenges as we continue to serve as the engine rooms of our respective states.

Over the two days we meet with new government Ministers to shape policy thinking in the areas of housing and homelessness, environment and waste, energy and emissions culture and the arts, Australia’s International Student Market and adaptation and resilience.

(Jim Chalmers, Treasurer)

Our meeting with Treasurer, Jim Chalmers MP focused on investment in large scale capital city economic stimulus projects to meet the diverse needs of our cities.  With affordable and social housing firmly on the agenda it was encouraging to hear from the Treasurer on the government’s commitment to partnering with our capital cities and respective states to deliver a funding pipeline for housing.

(Kristy McBain, Minister for Local Government)

It was terrific to hear from Local Government Minister, Kirsty McBain MP and get a sense of her passion for the important work of the local government sector.

It’s so critical that the capital cities have a voice at COAG particularly on matters of national significance such as the housing and homelessness crisis which is most severe in Australia’s capital cities.  Working in partnership with local government will help solve some of these wicked problems. 

(Andrew Giles, Minister for Immigration)

I was able to share with the Immigration Minister Andrew Giles MP the City of Hobart’s support of international students and improvements that can be made to the visa program to strengthen their experience in Australia including introducing post study work visas to also address our skills shortage nationally.

(Max Chandler-Mather MP Greens Housing & Homelessness Spokesperson)

At a time where people in our country are struggling to find affordable, secure homes a bipartisan approach to tackling this issue is critical. I was pleased to be able to discuss affordable and social housing solutions with the Greens

(Shadow Housing & Homelessness Minister Michael Sulker MP)

Key worker housing continues to be a real challenge for our capital cities in Australia and I raised this with the Shadow Housing and Homelessness Minister Michael Sulker MP together with our colleagues from Melbourne, Sydney, Perth and Brisbane.  It’s essential that we work across all levels of government and the private sector to pull as many levers as we can to make a real difference in addressing our housing crisis.

(Elizabeth Watson-Brown Greens Sustainable Cities spokesperson)

We are facing an existential climate crisis that requires us to pivot toward a strong and diverse economy that sets us up for the long term that doesn’t threaten our environment and the wellbeing of our communities.  It was great to exchange ideas with Elizabeth Watson-Brown Greens Sustainable Cities spokesperson on how we can achieve this, including what’s happening internationally with Climate finance.

(Hon Chris Bowen Minister for Climate Change and Energy)

Our meeting with the Hon Chris Bowen Minister for Climate Change and Energy focused on interventions required to tackle Climate Change. I was able to join my CCLM colleagues in requesting an additional $500m urban resilience investment fund to address climate change in collaboration with capital cities.  We need to take meaningful action now.

(Hon Catherine King Minister for Infrastructure)

I was thrilled to be able to thank the Hon Catherine King Minister for Infrastructure for the Government’s $20 million funding commitment to the expansion of ferry services in Greater Hobart.  Exciting times ahead as we work in partnership with the Federal and State Government to deliver this game changing infrastructure. 

(Zoe Daniel MP Member for Goldstein)

Was great to meet Zoe Daniel MP Member for Goldstein to congratulate her on a successful campaign and to talk about actions to address climate change and the importance of regional collaboration to make a real difference at the local level.

(Senator Mehreen Faruqi Greens Deputy Leader and Education Spokesperson)

An important focus of our delegation to Canberra was on Australia’s International Student Market. 

To retain Australia’s coveted international student competitive advantage, it is critical that we extend the length for the Post -Study Work (PSWR) visas as a pathway to permanent residency

We discussed this with Senator Mehreen Faruqi Greens Deputy Leader and Education Spokesperson and the G8 group of Universities.  We need to ensure international students are connected with our communities and local businesses to enable pathways to employment.

(Next Steps)

Overall, it was a successful delegation; and it was refreshing to see the level of passion and optimism for Australia’s future emanating from our new Ministers and MPs.

There were a range of key actions agreed for follow up by the CCCLM CEOs and I look forward to receiving a detailed progress report on these in the coming weeks.

Mr Posselt put the following questions which were taken on notice by the Lord Mayor.

Preamble:

Community sport in Hobart is bursting at the seems. Every sport association and club I have spoken with have stated they don’t have enough quality facilities to meet their sports demand from the population. 

• Soccer has no pitch that meets FA standards and many of their pitches are unusable for much of the season due to drainage issues. These issues plague a sport that has the most community participants of any sport.
• Netball is forced to play most of their matches outside and their premier facility is wedged on the corner of 2 main roads with some participants reporting feelings of being caged while playing. Their 4 indoor courts are ageing and tired. These issues affect a sport that has the highest female participation rate in the country and in Tasmania.
• Sport climbing has no facility to train that meet the disciplines that are now Olympic sports, despite Tasmania and Hobart producing some of the best climbers in the country and a home olympics is scheduled for 2032 in Brisbane.
• Ice Sports have no venue what so ever after the closure of the Glenorchy ice rink in early 2022. The community reports depression, suicide attempts, loss of a sense of community and loss of purpose amongst their members. This leaves the coldest state and the gateway to Antarctica as the only state without an ice rink. I believe Hobart LGA should be the home of Tassie’s next ice rink, anything else is an opportunity lost for the city.

The Ham Common and surrounds is a large patch of council owned land located immediately adjacent to the southern outlet on Toleman’s Hill and accessible without passing through any residential area. There is minimal impact on residential amenity for any development of the site. It is the site of an old tip that closed in the early 80s and was subsequently leased to St Michael’s Collegiate for a token amount. That lease was renewed in 2008 and again in 2016, and collegiate continue to pay $50 per year to lease this land from council for use as playing fields for their school. It is currently under-utilised, with more than 50% of the land not in use, despite this it still has enough land to accommodate 4 tennis courts and two soccer pitches. As well as a care taker facility. 

While I cannot speak for collegiate, it seems that these playing fields are substandard with significant challenges facing the school to level them after depressions formed in the fields over the last 40 years. Any future development of the site into a community sporting precinct may infact enhance the sporting experience and options available to students that study at collegiate.

Questions:

• Can council supply a map outlining the area known as ham common and any surrounding land owned by council and its approximate size?
• When collegiate’s lease was renewed in 2016, what was the process? Was it an option dating back to the original lease from the 80s or was it a new lease? Was any rigour applied to the decision or was it simply waived through?
• Has council been involved in any assessment of the site since it was handed over to collegiate in the 1980s? Have there been geological surveys, soil testing or any work undertaken to identify opportunities for development that would better utilise this large site and to serve all of the community?
• At any stage, on any council records, has this site been identified as a strategic asset as a large patch of under-utilised, cleared urban land and opportunities proposed or explored for development of the site to better serve the community of Hobart?
• Has council, it’s elected members or representatives met with Ice Sports Tasmania, or the State government to identify potential sites for a future Hobart Ice Rink?

Conclusion:

Given that so many sports need more space, and that Ice Sports Tasmania is actively working with the state government and private investors, to identify an appropriate site to build a world class ice sports facility. I believe this site provides significant opportunity for a multi sports complex that would better serve the students that study at collegiate, school students around greater Hobart, children and teens around the city and the broader community to be much better utilised than it currently is.

That the following responses to the public question taken on notice, be received and noted:

5.2.1 Lord Mayor’s Mercury Article.

Burnet

Sherlock                                   That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

Meeting date:             15 August 2022

Raised by:                  Mr Doug Cooper

Response Author:   Lord Mayor Councillor Anna Reynolds

Topic:                          Lord Mayor's Mercury Article

9.1      7 Cane Street, West Hobart - Change of Use to Visitor Accommodation

Ref:    Open CPC 7.1.1, 5/09/2022

Application Expiry Date: 11 October 2022

That the Council refuse the application for a change of use to visitor accommodation at 7 Cane Street, West Hobart, 7000, pursuant to the Hobart Interim Planning Scheme 2015, for the following reason:

1.    The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.6.1 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the provision of no onsite car parking will not meet the reasonable needs of users having regard to car parking demand and the availability of on-street and public car parking in the locality.

Burnet

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      215 Churchill Avenue, Sandy Bay - Change of Use to Visitor Accommodation

Ref:    Open CPC 7.1.2, 5/09/2022

Application Expiry Date: 29 August 2022

In the absence of a decision from the City Planning Committee the item is

referred to the Council for determination.

Burnet

Sherlock     

That the Council refuse the application for a change of use to visitor accommodation at 215 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 reason:

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.

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 215 Churchill Avenue, Sandy Bay 7005 for the reasons outlined in the officer’s report and a permit containing conditions be issued.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for change of use to visitor accommodation, at 215 Churchill Avenue, Sandy Bay 7005 for the reasons outlined in the officer’s report 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 PLN­22­277 ­ 215 CHURCHILL AVENUE SANDY BAY TAS 7005 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 18

Prior to the commencement of the approved use, a management plan for the operation of the visitor accommodation must be submitted and approved as a Condition Endorsement, to the satisfaction of the Council's Director City Life. The management plan must include measures to limit, manage and mitigate unreasonable impacts upon the amenity of long term residents. These measures must include, but are not limited to, the following requirements:

1.         To limit, manage, and mitigate noise generated as a result of the visitor accommodation.

2.         To limit, manage, and mitigate behaviour issues caused as a result of the visitor accommodation.

3.         To maintain the security of the building where the visitor accommodation would be located, including managing and/or limiting access to shared areas and facilities.

4.         To specify the maximum permitted occupancy of the visitor accommodation.

5.         To specify that guests must utilise the site for the parking of vehicles, that the maximum number of vehicles to be parked on the site (1), and detail where the parking spaces are located and how the spaces are to be accessed. Additionally, at the booking stage, guests should be discouraged from bringing more than 1 vehicle and the parking of any additional vehicles in nearby streets should also be discouraged.

6.         To provide a name and contact phone number of a person who will respond to any complaints regarding behaviour of guests. If the property is sold the Visitor Accommodation Management Plan (VAMP) must be updated with new contact details.

Once approved, the management plan must be implemented prior to the commencement of the approved use and must be maintained for as long as the visitor accommodation is in operation. The VAMP must be provided to adjacent property owners and occupiers within 14 days of being approved. If the property is sold, the updated VAMP (in accordance with 6. above) must be provided to adjacent property owners and occupiers within 10 business days of settlement.

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.

Reason for condition

To ensure that visitor accommodation does not cause an unreasonable loss of residential amenity.

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.

RIGHT OF WAY

The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.

You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.

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.

VISITOR ACCOMMODATION

More information on visitor accommodation, including when building approval is required, can be found here.

In all cases, check with your insurance company that you have adequate cover.

If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.

If you have a spa or a pool at your property then you are required to test for microbiological quality and chemical parameters on a monthly basis, under the Public Health Act 1997. If you have any questions about this then please call our Environmental Health team on 6238 2711.

If you are providing food for consumption on the property, you may require a food business registration in accordance with the Food Act 2003. Click here for more information, or call our Environmental Health team on 6238 2711.

Visitor accommodation is also considered to be a commercial use and also not eligible to residential parking permits. Under the current policy for the issuing of residential parking permits, the proposed change of use to visitor accommodation would not entitle the property to a residential parking permit, or a transferable “bed and breakfast” parking permit.

9.3      1/273 Churchill Avenue, Sandy Bay and Common Land of Parent Title - Change of Use to Visitor Accommodation

Ref:    Open CPC 7.1.3, 5/09/2022

Application Expiry Date: 19 September 2022

In the absence of a decision from the City Planning Committee the item is

referred to the Council for determination.

Burnet

Sherlock 

That the Council refuse the application for a change of use to visitor accommodation at 1/273 Churchill Avenue, 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.

MOTION LOST

VOTING RECORD

Behrakis

Thomas                                                                                                                       

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for change of use to visitor accommodation at 1/273 Churchill Avenue Sandy Bay 7005 and Common Land of Parent Title for the reasons outlined in the officer’s report and a permit containing conditions be issued.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for change of use to visitor accommodation at 1/273 Churchill Avenue Sandy Bay 7005 and Common Land of Parent Title for the reasons outlined in the officer’s report 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 PLN­22­482 ­ 1/273 CHURCHILL AVENUE SANDY BAY TAS 7005 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 18

Prior to the commencement of the approved use, a management plan for the operation of the visitor accommodation must be submitted and approved as a Condition Endorsement, to the satisfaction of the Council's Director City Life. The management plan must include measures to limit, manage and mitigate unreasonable impacts upon the amenity of long term residents. These measures must include, but are not limited to, the following requirements:

1.         To limit, manage, and mitigate noise generated as a result of the visitor accommodation.

2.         To limit, manage, and mitigate behaviour issues caused as a result of the visitor accommodation.

3.         To maintain the security of the building where the visitor accommodation would be located, including managing and/or limiting access to shared areas and facilities.

4.         To specify the maximum permitted occupancy of the visitor accommodation.

5.         To specify that guests must utilise the site for the parking of vehicles, that the maximum number of vehicles to be parked on the site (1), and detail where the parking spaces are located and how the spaces are to be accessed. Additionally, at the booking stage, guests should be discouraged from bringing more than 1 vehicle and the parking of any additional vehicles in nearby streets should also be discouraged.

6.         To provide a name and contact phone number of a person who will respond to any complaints regarding behaviour of guests. If the property is sold the Visitor Accommodation Management Plan (VAMP) must be updated with new contact details.

Once approved, the management plan must be implemented prior to the commencement of the approved use and must be maintained for as long as the visitor accommodation is in operation. The VAMP must be provided to adjacent property owners and occupiers within 14 days of being approved. If the property is sold, the updated VAMP (in accordance with 6. above) must be provided to adjacent property owners and occupiers within 10 business days of settlement.

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.

Reason for condition

To ensure that visitor accommodation does not cause an unreasonable loss of residential amenity.

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.

VISITOR ACCOMMODATION

More information on visitor accommodation, including when building approval is required, can be found here.

In all cases, check with your insurance company that you have adequate cover.

If you are in a bushfire prone area there may be a need to create/review the Bushfire Management Hazard Plan for your property.

If you have a spa or a pool at your property then you are required to test for microbiological quality and chemical parameters on a monthly basis, under the Public Health Act 1997. If you have any questions about this then please call our Environmental Health team on 6238 2711.

If you are providing food for consumption on the property, you may require a food business registration in accordance with the Food Act 2003. Click here for more information, or call our Environmental Health team on 6238 2711.

Visitor accommodation is also considered to be a commercial use and also not eligible to residential parking permits. Under the current policy for the issuing of residential parking permits, the proposed change of use to visitor accommodation would not entitle the property to a residential parking permit, or a transferable “bed and breakfast” parking permit.

10.      Monthly Building Statistics - 1 July - 31 July 2022

Ref:    Open CPC 8.2, 5/09/2022

That the building statistical report of the Director City Life be received and noted:

During the period 1 July 2022 to 31 July 2022, 37 permits were issued to the value of $33,650,680 which included:

(i)      19 for extensions/alterations to dwellings to the value of $2,317,550;

(ii)     3 new dwellings (2 ancillary dwellings) to the value of $560,000;

(iii)    26 multiple dwellings to the value of $12,400,000; and

(iv)    3 major projects:

(a)     87-91 Campbell Street, Hobart – New Commercial Building (26 New Multiple Dwellings) – $12,400,000;

(b)     94 Barrack Street, Hobart – Demolition, Alterations and Additions – $5,388,000;

(c)     36 Davey Street, Hobart – Commercial Internal Alterations – $5,000,000;

During the period 1 July 2021 to 31 July 2021, 50 permits were issued to the value of $47,662,084 which included:

(i)      34 for extensions/alterations to dwellings to the value of $5,595,385;

(v)     4 new dwellings to the value of $1,365,000;

(vi)    75 new multiple dwellings to the value of $32,437,499; and

(vii)   4 major projects:

(a)  62 Patrick Street, Hobart - Multiple New Dwellings - 68 Apartments - $29,195,499;

(b)  26 Lower Jordan Hill Road, West Hobart - Multiple New Dwellings x 5 - $3,212,000;

(c)   410 Sandy Bay Road, Sandy Bay - Commercial Internal Alterations - $2,800,000;

(d)  33 Argyle Street - Hobart - Commercial Internal Alterations - $2,348,000;

Burnet

Behrakis                                              That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

11.      Monthly Planning Statistics - 1 July - 31 July 2022

Ref:    Open CPC 8.3, 5/09/2022

That the planning statistical report of the Director City Life be received and noted:

During the period 1 July 2022 to 31 July 2022, 64 permits were issued to the value of $14,358,773 which included:

(i)      8 new single dwellings to the value of $3,493,900;

(ii)     7 multiple dwellings to the value of $5,000,000;

(iii)    28 extensions/alterations to dwellings to the value of $5,082,067;

(iv)   5 extensions/alterations to commercial properties to the value of $460,000;

(v)     1 major project;

(a)     345 Sandy Bay Road, Sandy Bay - Demolition, New Building for 7 Multiple Dwellings and Associated Works - $5,000,000;

During the period 1 July 2021 to 31 July 2021, 61 permits were issued to the value of $10,800,580 which included:

(i)      5 new single dwellings to the value of $1,510,000;

(ii)     2 multiple dwellings to the value of $580,000;

(iii)    27 extensions/alterations to dwellings to the value of $4,229,000;

(iv)   7 extensions/alterations to commercial properties to the value of $4,209,980;

(v)     1 major project:

(a)     180 Harrington Street, Hobart - Partial Demolition, Alterations and Extension - $4,000,000;

# This report includes permits issued, exempt and no permit required decisions.

Burnet

Sherlock                                             That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

12.      Invest Hobart - Investment Prospectus

Ref:    Open EDCC 6.2, 1/09/2022

That:   1.      The Council approve the document titled ‘Invest Hobart’, marked as attachment A to item 6.2 of the Open Economic Development and Communications Committee agenda of 1 September 2022, as the current version of the City’s investment prospectus, and that the document be made publicly available at the appropriate time.

2.      The Council approve any future amendments to the document other than any data updates .

3.      Six-monthly updates be provided to the Council outlining key amendments to the document titled ‘Invest Hobart’.

Thomas

Zucco                                                     That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD