Minutes (Open Portion)

Council Meeting

Page 2

9/4/2018

Minutes (Open Portion)

Council Meeting

Page 3

9/04/2018

The Chairman reports that he has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 19 March 2018, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Briscoe

Burnet                                                    That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

The Lord Mayor presented a Naval coin to Council.

The coin was received from Commander Richard Lindsay of HMAS Waller, a Collins-Class Submarine on Friday 6 April 2018.

Mr Ben Lohberger put the following question and was provided with the corresponding response by the Lord Mayor on behalf of the Council.

When Aldermen accept gifts involving up to eight free tickets for the same event, who receives the excess tickets that are not used personally by the Aldermen and their spouses?

The City of Hobart Aldermanic Code of Conduct contains a specific framework relating to the offer, acceptance or declining of gifts or benefits. 

In accordance with that Code, where an Alderman may accept a gift or benefit, they are required to provide details for inclusion on the Aldermanic Gifts Register.

In addition to the Code of Conduct provisions, the Council has also adopted a policy position relating to circumstances where the City of Hobart may sponsor a major event, and tickets to the event are made available to Aldermen, as part of the sponsorship package.

I will quote the following extract from the policy:

Where sponsorship tickets are made available to Aldermen, their value will be advised to Aldermen at the time in order to enable Aldermen to make an informed choice as to whether or not they wish to accept tickets.

Where Aldermen elect to accept free sponsorship tickets, the details of the event and the estimated value will only appear in the Aldermanic Gifts Register.

In these circumstances, the norm is for two tickets to be made available to Aldermen.  Aldermen are then free to purchase additional tickets should they so desire.

In declaring a gift or benefit on the Gifts Register, Aldermen are required to provide the following details:

• Description of the gift or benefit;
• Provider; and
• Estimated Value.

There is no requirement to provide any additional information for the Gifts Register.

Each of the documents referred to in my response are located on the City of Hobart Website.

Mr Ben Lohberger put the following question and was provided with the corresponding response by the Lord Mayor on behalf of the Council.

Has the HCC seen any reports or studies or evidence to prove traffic congestion in Hobart will be reduced if the University of Tasmania relocates its STEM facilities to Hobart’s CBD, as planned?

If the HCC has seen any evidence, is it able to reveal that evidence to the public?

The City of Hobart does not have any information of documentation detailing the likely traffic and transport impacts related to the relocation of UTAS STEM facilities from the Sandy Bay campus into the city centre.

9.         Appointment of Deputy Lord Mayor

Briscoe

Thomas                                                                                                                       

That the Acting General Manager’s recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The Chairman invited nominations.

·         Alderman Thomas nominated Alderman Ruzicka.

·         Alderman Harvey self-nominated.

·         Alderman Sexton self-nominated.

Amendment

Zucco

Ruzicka                                                                                                                      

That:   1.    A report be prepared identifying alternative options for determining the replacement of a permanent vacant position for the Lord Mayor or Deputy Lord Mayor, during a current term of office.

2.    The report also consider options for the election of a Deputy Lord Mayor at the time of a normal local government election.

3.    The legislative changes required by such change be addressed.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

Briscoe

Burnet                                                                                                                       

That the vote be conducted as a secret ballot.

MOTION CARRIED

VOTING RECORD

The ballot was conducted and Alderman Ruzicka was declared to be excluded.

A further ballot for the tied nominees, Aldermen Harvey and Sexton was conducted and Alderman Sexton was declared elected as The Deputy Lord Mayor.

Briscoe

Ruzicka                                                                                                                      

The Council note the appointment of Alderman P T Sexton to act as the Deputy Lord Mayor and the associated ballot papers be destroyed.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      a)    The Council appoint a Deputy Lord Mayor pursuant to section 44(5) of the Local Government Act 1993.

         b)    Nominations for Deputy Lord Mayor be sought.

         c)     An Aldermen be appointed to act as Deputy Lord Mayor pursuant to              section 44(5) of the Local Government Act 1993, in accordance with         the proposed process set-out in the report of the Acting General                  Manager dated 4 April 2018, as attached to item 9 of the Open                     Council Agenda of 9 April 2018.

2.      a)    A report be prepared identifying alternative options for determining the replacement of a permanent vacant position for the Lord Mayor or Deputy Lord Mayor, during a current term of office.

           b)    The report also consider options for the election of a Deputy Lord                    Mayor at the time of a normal local government election.

            c)    The legislative changes required by such change be addressed.

3.      The Council note the appointment of Alderman P T Sexton to act as the Deputy Lord Mayor and the associated ballot papers be destroyed.

10.1    286 Strickland Avenue, South Hobart - Dwelling

Ref:    Open CPC 7.1.2, 26/03/2018

Application Expiry Date: 3 May 2018

Extension of Time: Not applicable

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a dwelling at 286 Strickland Avenue, South Hobart for the reasons outlined in the officer’s report, attached to item 8.1.2 of the Open City Planning Committee agenda of 26 March 2018 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 PLN­17­910 ­ 286 STRICKLAND AVENUE SOUTH HOBART TAS 7004 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 2

A front door / pedestrian entry via a deck or walkway, adjacent to the garage wall/eastern elevation, must be provided and maintained to the dwelling proper, prior to the approved use commencing.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing the front door/pedestrian entry and deck/walkway in the eastern elevation of the dwelling proper (as opposed to or as well as into the garage) in accordance with the above requirement.

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

Reason for condition

To provide integration of the new development into the streetscape and reasonable opportunity for passive surveillance between the dwelling and the street.

ENG sw4

The new stormwater connection must be constructed at the owner’s expense and all existing connections abandoned and sealed by Council at the owner’s expense, prior to the issue of any approval under the Building Act 2016.

Prior to the commencement of work engineering drawings must be submitted and approved detailing adequate scour and erosion control measures. All work required by this condition must be undertaken in accordance with the approved engineering drawings.

Advice: Once the engineering drawings have been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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.

A stormwater service connection must be approved by Council's City Infrastructure Division prior to construction of the stormwater service connection. Once condition endorsement has been issued, please contact Council’s City Infrastructure Division to initiate an application for a stormwater service connection. Please note that the stormwater service connection may be required to have been approved and constructed prior to any plumbing permits being issued for private plumbing works. Please also note that the Council's City Infrastructure Division are unlikely to approve a new connection to the open watercourse ­ connection to the piped section will be preferred.

Reason for condition

To ensure the site is drained adequately.

ENG 2a

Vehicular barriers compliant with the Australian Standard AS1170.1 must be installed to prevent vehicles running off the edge of an access driveway or parking module (parking spaces, aisles and manoeuvring area) where the drop from the edge of the trafficable area to a lower level is 600mm or greater, and wheel stops (kerb) must be installed for drops between 150mm and 600mm. Barriers must not limit the width of the driveway access or parking and turning areas approved under the permit.

Advice:

      Council do not consider a slope greater than 1 in 4 to constitute a lower level as described in AS/NZS 2890.1:2004 Section 2.4.5.3. Slopes greater than 1 in 4 will require a vehicular barrier or wheel stop.

      Designers are advised to consult the National Construction Code 2016 to determine if pedestrian handrails or safety barriers compliant with the NCC2016 are also required.

Reason for condition

To ensure the safety of users of the access driveway and parking module and compliance with the standard.

ENG 4

The access driveway and parking module (car parking spaces, aisles and manoeuvring area) approved by this permit must be the constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent council approved) and surface drained to the Council's stormwater system prior to the first occupation.

Reason for condition

To ensure the safety of users of the access driveway and parking module, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.

ENG 5

The number of car parking spaces approved on the site for use is one (1).

Reason for condition

To ensure the provision of parking for the use is safe and efficient.

ENG 14

The existing driveway access for the property must be abandoned and the highway reservation reinstated to match existing generally in accordance with LGAT Tasmanian Standard Drawing TSD­R02­v1 or equivalent Council approved standard.

Reason for condition

To ensure that only a single access is provided for the property.

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.  Any damage must be immediately reported to 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.

ENG r1

The footings and driveway deck within or supporting the Strickland Avenue highway reservation must not undermine the stability and integrity of the highway reservation and its infrastructure.

Detailed design drawings, structural certificates and associated geotechnical assessments for the footings within Strickland Avenue highway reservation must be submitted and approved by the Council's Director City Infrastructure, prior to the issue of any approval under the Building Act 2016 and must:

1.    Be prepared and certified by a suitable qualified person and experienced engineer.

2.    Demonstrate that the footings and driveway deck within or supporting the Strickland Avenue highway reservation will not undermine the stability of the highway reservation.

3.    Be designed in accordance with AS4678, with a design life in accordance with table 3.1 typical application major public infrastructure works.

4.    Take into account and reference accordingly any geotechnical findings.

5.    Detail any mitigation measures required.

6.    Ensure that the structure certificated and/or drawings are noted in accordance with the above.

All work required by this condition must be undertaken in accordance with the approved detailed design drawings, structural certificates and associated geotechnical assessments.

Advice: Once the detailed design drawings, structural certificates and associated geotechnical assessments have been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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.

Reason for condition

To ensure that the stability and integrity of the Council’s highway reservation is not compromised by the development.

ENV 10

All native trees on the site must be retained and protected, other than the five Eucalyptus species trees in the north­western corner of the site.

Reason for condition

To ensure the use/development does not result in unnecessary or unacceptable loss of priority biodiversity values

ENV 15

All construction vehicles and machinery must be effectively cleaned of soil both before entering and before leaving the property.

Soil cleaned from construction vehicles and machinery must not be allowed, either directly or indirectly, to enter waterways or the Council’s stomwater system.

Note: further information on effective measures for washdown can be found here.

Reason for condition

To minimise the spread of weeds and pathogens.

ENV 2

Sediment and erosion control measures sufficient to prevent sediment leaving the site and in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A SWMP must be submitted prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.

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

Advice: Once the SWMP has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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.

Reason for condition

To avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.

Part 5 r1

The owner(s) of the property must enter into an agreement with the Council pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 with respect to the protection of the footings of the suspended driveway slab within the Strickland Avenue highway reservation, prior to the commencement of work.

The owner must not undertake any works at any time (including excavation and building) that will have any effect on the integrity of the Strickland Avenue highway reservation or the road formation themselves or undermine the structural integrity of the highway reservation.

All costs for the preparation and registration of the Part 5 Agreement must be met by the owner.

The owner must comply with the Part 5 Agreement which will be placed on the property title.

Advice: For further information with respect to the preparation of the Part 5 Agreement please contact Council Development Engineering Staff.

Reason for condition

To ensure the protection of Council are retained.

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 a condition endorsement is required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning

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.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

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.

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.

NEW SERVICE CONNECTION

Please contact the Hobart City Council's City Infrastructure Division to initiate the application process for your new stormwater service connection.

STORM WATER

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

REDUNDANT CROSSOVERS

Redundant crossovers are required to be reinstated under the Hobart City Council’s Highways By law. Click here for more information.

ACCESS

Designed in accordance with LGAT­ IPWEA – Tasmanian standard drawings. Click here for more information.

CROSS OVER CONSTRUCTION

The construction of the crossover can be undertaken by the Council or by a private contractor, subject to Council approval of the design. Click here for more information.

WEED CONTROL

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website.

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.

Briscoe

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

11.      Salamanca Pedestrian Works - Concept Design for Stakeholder Engagement

Ref:    Open CIC 6.3, 21/03/2018

That:   1.    The concept plans for Stages 2 and 3 of the Salamanca Pedestrian Works Project, generally shown on the Figure ‘Concept Plan’ dated 6 March 2018 and marked as Attachment A to item 6.3 of the Open City Infrastructure Committee agenda, presented to the 21 March 2018 City Infrastructure Committee meeting, be used for community engagement.

2.    A further report describing the results of the public consultation and making recommendations for future staging and implementation of the Salamanca Pedestrian Works Project, be prepared and presented to the City Infrastructure Committee.

Burnet

Reynolds                                            That the recommendation be adopted.

Amendment

Zucco

Denison

That the Council convey its appreciation of the input of stakeholders and others who contributed to the development of the project.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    The concept plans for Stages 2 and 3 of the Salamanca Pedestrian Works Project, generally shown on the Figure ‘Concept Plan’ dated 6 March 2018 and marked as Attachment A to item 6.3 of the Open City Infrastructure Committee agenda, presented to the 21 March 2018 City Infrastructure Committee meeting, be used for community engagement.

2.    A further report describing the results of the public consultation and making recommendations for future staging and implementation of the Salamanca Pedestrian Works Project, be prepared and presented to the City Infrastructure Committee.

3.    That the Council convey its appreciation of the input of stakeholders and others who contributed to the development of the project.

12.      Hill Street, West Hobart - Consideration of Representations regarding the Proposed Road Hump

Ref:    Open CIC 6.4, 21/03/2018

That:   1.    An application be made to the Transport Commission requesting approval for the installation of one road hump in Hill Street on the northern side of the Pine Street roundabout, as part of the trial of a new pedestrian (wombat) crossing.

2.    Subject to receiving permission from the Transport Commission to install a road hump, the pedestrian (wombat) crossing trial proceed in the 2017-2018 financial year.

3.    Those people who made representations in relation to the proposed road hump be advised of the Council’s decision.

Burnet

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

13.      Hobart Central Bus Interchange Planning Project - Elizabeth Street Bus Mall Improvement Project

Ref:    Open CIC 6.5, 21/03/2018

That:   1.    The Council receive and note the Department of State Growth’s proposal to reconfigure the Elizabeth Street Bus interchange as generally shown in Attachment B to item 6.5 of the Open City Infrastructure Committee agenda of 21 March 2018.

2.    The General Manager be authorised to undertake further discussions with the Department of State Growth, Metro Tasmania and private bus operators to resolve any residual issues and concerns.

Burnet

Sexton                                                  That the recommendation be adopted.

Amendment

Harvey

Briscoe                                                                                                                      

That the proposal include the removal of the ‘saw tooth’ road and footpath alignment on the Post Office side of the bus mall, in order to widen the footpath.

AMENDMENT CARRIED

VOTING RECORD

Amendment

Thomas

Zucco                                                                                                                          

That the Council and State Government undertake discussions at the conclusion of the hotel construction in relation to the permanent configuration of the bus mall. 

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    The Council receive and note the Department of State Growth’s proposal to reconfigure the Elizabeth Street Bus interchange as generally shown in Attachment B to item 6.5 of the Open City Infrastructure Committee agenda of 21 March 2018.

2.    The General Manager be authorised to undertake further discussions with the Department of State Growth, Metro Tasmania and private bus operators to resolve any residual issues and concerns, including the removal of the ‘saw tooth’ road and footpath alignment on the Post Office side of the bus mall in order to widen the footpath.

3.    That the Council and State Government undertake discussions at the conclusion of the hotel construction in relation to the permanent configuration of the bus mall. 

14.      2018-19 Fees and Charges - Tasmanian Travel and Information Centre

Ref:    Open EDCC 6.1, 22/03/2018

That the schedule of fees and charges marked as Attachment A to item 6.1 of the Open Economic Development & Communications Committee agenda of 23 March 2018, for the Tasmanian Travel and Information Centre be implemented for the 2018-19 financial year.

Cocker

Thomas                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

15.      Landscaping and Food Gardens on Nature Strips

Ref:    Open PRC 6.2, 8/03/2018

That:   1.    Landscaping of nature strips by residents be permitted via the issue of an occupation licence, subject to conditions and requirements as determined by the General Manager

2.    The General Manager be delegated authority to determine applications.

3.    Further investigations be undertaken into the estimation of cost into the City providing public liability insurance to those residents opting to landscape nature strips.

4.    Consideration be given for the inclusion of fruit trees on the proviso that the fruit produced will not cause a hazard for patrons using the footpath.

Reynolds

Burnet                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD