Minutes
Open Portion
Monday, 12 September 2022
AT 5:00 pm
Council Chamber, Town Hall
This meeting of the Council was conducted 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.
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Minutes (Open Portion) Council Meeting |
Page 2 |
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12/9/2022 |
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PRESENT, APOLOGIES AND LEAVE OF ABSENCE
3. Communication from the Chairman
4. Notification of Council Workshops
7. Consideration of Supplementary Items
8. Indications of Pecuniary and Conflicts of Interest
9. Council Acting as Planning Authority
9.1 7 Cane Street, West Hobart - Change of Use to Visitor Accommodation
9.2 215 Churchill Avenue, Sandy Bay - Change of Use to Visitor Accommodation
10. Monthly Building Statistics - 1 July - 31 July 2022
11. Monthly Planning Statistics - 1 July - 31 July 2022
Economic Development & Communications Committee
12. Invest Hobart - Investment Prospectus
13. Closed Portion of the Meeting
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Minutes (Open Portion) Council Meeting |
Page 27 |
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12/09/2022 |
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PRESENT:
The Lord Mayor Councillor A M Reynolds, the Deputy Lord Mayor Councillor H Burnet, Aldermen M Zucco, J Briscoe, Dr P T Sexton, D C Thomas, Councillor W F Harvey, Alderman S Behrakis, Councillors M S C Dutta, J Fox, Dr Z E Sherlock and W N S Coats.
APOLOGIES:
Nil.
LEAVE OF ABSENCE:
Nil.
The Lord Mayor payed tribute to Her Majesty, Queen Elizabeth II:
The City of Hobart joins the rest of world in passing on its sympathies and condolences on the passing of Her Majesty, Queen Elizabeth II.
Her Majesty was admired by many in Hobart and it was with great sadness we woke on Friday to the news of her passing.
Her Majesty brought calmness, resolution and professionalism to her role. The pages of history will remember her fondly for her dedication to public duty during great change through her 70-year reign. But it is with her immediate family for the loss of a beloved mother, grandmother and great grandmother that our thoughts are with.
Her Majesty had a great affinity with Australia and Tasmania, visiting Hobart seven times during her remarkable reign.
In 1952, then Princess Elizabeth was due to make her first visit to Hobart, but this was curtailed by the death of her father, King George VI, and her ascension to the throne.
Still, Hobart basked in her coronation in 1953, with the largest crowd since the end of World War II packing Hobart’s city streets to see the coronation decorations, causing major traffic disruption.
A year later, the Queen made her first visit to Hobart, where 5000 people filled Macquarie Street outside the Town Hall to cheer Her Majesty and Prince Philip.
She returned again in 1963, 1970, 1977, 1981, 1988 and 2000.
Each visit was met with enthusiastic crowds, highlighted by her 1970 trip where the main event was a “meet the people” occasion where the Queen, Prince Philip, Prince Charles (now King Charles III) and Princess Anne walked down Macquarie Street mingling and chatting with the public.
A book of condolence is available to the public wishing to express sympathy in the Town Hall’s Henry Hunter Room during normal business hours until the National Day of Mourning on 22 September 2022.
On behalf of the City of Hobart, I extend condolences to His Majesty the King and to her Majesty’s family and friends.
As a mark of respect I request that the Meeting observes a minute’s silence.
The meeting observed a minutes silence.
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.
Behrakis That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
The minutes were signed.
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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?
No items were transferred.
In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer reports that no Council workshops have been conducted since the last ordinary meeting of the Council.
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Meeting date: 15 August 2022 |
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Raised by: Mr Doug Cooper |
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Response Author: Lord Mayor Councillor Anna Reynolds |
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Topic: Lord Mayor's Mercury Article |
Question:
In your article in the Mercury last week you referred to a person who gained a Bachelor of Science in 1984, majoring in Life Sciences and Geography; in 2013, a Masters in the History of Art and Visual Cultures; and in 2017 a PhD at the University of Tasmania's Academy of the Arts, not in History or Classics. The University of Tasmania has him listed as Pro Vice-Chancellor, Aboriginal Leadership. Is this Professor Greg Lehman, who you referred to in your article in the Mercury last week as a Professor of History? Can you please explain?
Response:
Yes it was Professor Greg Lehman I was referring to.
Thank you for providing this additional information.
No petitions were received.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
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.
No supplementary items were received.
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Elected members are requested to indicate where they may have any pecuniary or conflicts 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.
No interest was indicated.
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 7 Cane Street, West Hobart - Change of Use to Visitor Accommodation PLN-22-457 - File Ref: F22/87352 Ref: Open CPC 7.1.1, 5/09/2022 Application Expiry Date: 11 October 2022 |
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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.
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Sherlock That the recommendation be adopted. |
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MOTION CARRIED
VOTING RECORD
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9.2 215 Churchill Avenue, Sandy Bay - Change of Use to Visitor Accommodation PLN-22-277 - File Ref: F22/87596 Ref: Open CPC 7.1.2, 5/09/2022 Application Expiry Date: 29 August 2022 |
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In the absence of a decision from the City Planning Committee the item is referred to the Council for determination.
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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:
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MOTION LOST VOTING RECORD
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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.
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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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 PLN-22-482 - File Ref: F22/88518 Ref: Open CPC 7.1.3, 5/09/2022 Application Expiry Date: 19 September 2022 |
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In the absence of a decision from the City Planning Committee the item is referred to the Council for determination.
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:
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MOTION LOST VOTING RECORD
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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.
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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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.
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10. Monthly Building Statistics - 1 July - 31 July 2022 File Ref: F22/85962 Ref: Open CPC 8.2, 5/09/2022 |
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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;
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Behrakis That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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11. Monthly Planning Statistics - 1 July - 31 July 2022 File Ref: F22/85978 Ref: Open CPC 8.3, 5/09/2022 |
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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.
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Sherlock That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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12. Invest Hobart - Investment Prospectus File Ref: F22/85182; 16/120 Ref: Open EDCC 6.2, 1/09/2022 |
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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’.
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Zucco That the recommendation be adopted. |
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MOTION CARRIED
VOTING RECORD
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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 a closed meeting · Leave of absence · Matters of a commercial and confidential nature · Matters relating to personnel.
The following items were discussed:-
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 Taste of Summer Partnership Proposal LG(MP)R 15(2)(c)(iii) Item No. 7 Key Performance Indicators LG(MP)R 15(2)(a) Item No. 8 Personnel Matter LG(MP)R 15(2)(a)
Behrakis That the recommendation be adopted. |
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MOTION CARRIED BY ABSOLUTE MAJORITY VOTING RECORD
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There being no further business the Open portion of the meeting closed at 6.47pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
26th DAY OF September 2022.
CHAIRMAN