City
of hobart
MINUTES
City Planning Committee Meeting
Open Portion
Monday, 25 March 2019 at 5:00 pm
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Minutes (Open Portion) City Planning Committee Meeting |
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25/3/2019 |
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APOLOGIES AND LEAVE OF ABSENCE
1. Co-Option of a Committee Member in the event of a vacancy
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6. Planning Authority Items - Consideration of Items with Deputations
7. Committee Acting as Planning Authority
7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.1 27 and 29 Hampden Road, Battery Point - Partial Demolition, Alterations and Fencing
7.1.4 99 Princes Street, Sandy Bay - Partial Demolition, Alterations and Extension - PLN-17-775
8.1 Affordable Housing - Legislation - Options for Implementation
8.2 City Planning - Advertising Report
8.3 Delegated Decisions Report (Planning)
9. Motions of which Notice has been Given
9.1 Projected Population and Economic Growth Model
10. Responses to Questions without Notice
12. Closed Portion of the Meeting
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Minutes (Open Portion) City Planning Committee Meeting |
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25/03/2019 |
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City Planning Committee Meeting (Open Portion) held on Monday, 25 March 2019 at 5:00 pm in the Lady Osborne Room, Town Hall.
COMMITTEE MEMBERS Deputy Lord Mayor Burnet (Chairman) Briscoe Denison Harvey Behrakis
PRESENT: The Deputy Lord Mayor Councillor H Burnet (Chairman), Aldermen J R Briscoe, T M Denison, Councillor W F Harvey, Alderman S Behrakis and Councillor H Ewin.
APOLOGIES: Nil.
LEAVE OF ABSENCE: Nil.
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NON-MEMBERS Lord Mayor Reynolds Zucco Sexton Thomas Dutta Ewin Sherlock
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No Elected Members were co-opted to the Committee.
The minutes of the Open Portion of the City Planning Committee meeting held on Tuesday, 12 March 2019, be confirmed as an accurate record. |
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MOTION CARRIED VOTING RECORD
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The minutes were signed.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.
No supplementary items were received.
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Members of the Committee 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 committee has resolved to deal with.
No interest was indicated.
Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.
A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.
In the event that the Committee transfer an item to the closed portion, the reasons for doing so should be stated.
Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?
No items were transferred.
In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the General Manager is to arrange the agenda so that the planning authority items are sequential.
In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.
Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.
HARVEY
That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Deputy Lord Mayor Burnet |
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Briscoe |
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Denison |
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Harvey |
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Behrakis |
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Minutes (Open Portion) City Planning Committee Meeting |
Page 7 |
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25/03/2019 |
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In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee 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 Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.
The Committee is reminded that in order to comply with Regulation 25(2), the General Manager 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.
7.1 Applications under the Hobart Interim Planning Scheme 2015
Ms Julia Bennison (Representor) addressed the Committee in relation to item 7.1.1.
Mr Paul Hunniford (Applicant) addressed the Committee in relation to item 7.1.1.
Delegation: Committee
Mr Alistair Bain – Senior Minister of St John’s Presbyterian Church (Representor) addressed the Committee in relation to item 7.1.2.
Mr James Morrison – Director of Morrison and Breytenback Architects (Applicant) addressed the Committee in relation to item 7.1.2.
7.1.2 188 Macquarie Street, Hobart - Partial Demolition and Alterations (Re-Advertised - Administrative Correction) |
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PROCEDURAL MOTION BEHRAKIS That the item be deferred for to enable further consultation with the applicant for the purposes of exploring an alternate design that is consistent with the historic heritage provisions of the Hobart Interim Planning Scheme 2015. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the item be deferred for to enable further consultation with the applicant for the purposes of exploring an alternate design that is consistent with the historic heritage provisions of the Hobart Interim Planning Scheme 2015.
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a Mr Alistair Bain - 188 Macquarie Street - Supporting Information ⇨ |
Delegation: Committee
Ms Jacquelyne McLeod (Representor) addressed the Committee in relation to item 7.1.3.
Mr Monty East – Director Design East Pty Ltd (Applicant) addressed the Committee in relation to item 7.1.3.
7.1.3 1 Nixon Street, Sandy Bay - Partial Demolition, Alterations and Extension (Re-Advertised - Amended Proposal) |
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BURNET That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 12 March 2019, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and extension (re-advertised – amended proposal) at 1 Nixon Street, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.1.3 of the Open City Planning Committee agenda of 25 March 2019 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 PLN18869 1 NIXON STREET SANDY BAY TAS 7005 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
PLN 2
Screening with no more than 25% uniform transparency and a minimum height of 1.5m above finished surface level, must be installed and maintained along the southern edge of the deck on the upper floor of the addition prior to the first occupation.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved showing screening 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 reasonable opportunity for privacy for dwellings.
ENG sw1
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 prior to first occupation or commencement of use (whichever occurs first).
Reason for condition
To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.
ENG sw4
The new storm water connection must be constructed and existing abandoned connections sealed by the Council at the owner’s expense, prior to the first occupation.
Detailed engineering drawings must be submitted and approved, prior to commencement of work. The detailed engineering drawings must include:
1. The
location of the proposed connection; and 2. The size of the connection appropriate to satisfy the needs of the development.
All work required by this condition must be undertaken in accordance with the approved detailed engineering drawings.
Advice: · The applicant is advised to submit
detailed engineering drawings via a
Council City Infrastructure Division application for a new stormwater connection. If detailed design to satisfy this condition is
submitted via the planning condition endorsement process there may be fees associated with the assessment, and once approved the applicant will
still need to
submit an application for a new stormwater connection with Council City Infrastructure
Division. · Where building / plumbing approval is also required, it is recommended that documentation to satisfy this condition is submitted well before submitting documentation for building/plumbing approval. Failure to address planning condition requirements prior to submitting for building/plumbing approval may result in unexpected delays.
Reason for condition
To ensure the site is drained adequately.
ENG 3a
The access driveway and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers where required).
Advice: · It is advised that designers consider the detailed design of the access and parking module prior to finalising the Finished Floor Level (FFL) of the parking spaces (especially if located within a garage incorporated into the dwelling), as failure to do so may result in difficulty complying with this condition.
Reason for condition
To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
ENG 4
The access driveway and parking module (car parking spaces, aisles and manoeuvring area) approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) and surface drained to the Council's stormwater infrastructure 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 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.
ENG 13
The fence and gate at the vehicular access to the subject property from Queen Street must allow adequate sight distance between user vehicles, cyclists and pedestrians.
Amended drawings must be submitted and approved, prior to the commencement of work. The amended drawing must demonstrate how the fence either side of the driveway/s provides for adequate sight distance between user vehicles, cyclists and pedestrians by one of the following methods:
1. Compliance with Australian/NZ Standard, Parking facilities Part 1: Off
street car parking AS/NZS
2890.1: 2004 Fig
3.3; 2. Increasing the gate width of the driveway(s) to 5m; 3. Increasing the transparency of fencing for at least 1m on each side of
driveway/s so that
those sections of
fencing are largely transparent; or 4. Setting driveway(s) gates back 1m from front fence line to achieve increased sight lines.
All work required by this condition must be undertaken in accordance with the approved drawings.
Advice: · The applicant may submit amended drawings
to satisfy this condition as either part of a Building Application, or alternatively via Council's planning condition endorsement process (noting there is a fee associated with condition endorsement approval of
engineering drawings [see general advice on how to obtain
condition endorsement and for fees and charges]). · Failure to address condition requirements prior to submitting for building approval may result in unexpected delays.
Reason for condition
To ensure the safety of vehicles entering and leaving the development and of pedestrians and traffic in the vicinity.
ENV 1
Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or revegetated.
Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.
Reason for condition
To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.
HER 11
The proposal must be revised in accordance with the following:
· The ridge of the rear extension must be reduced in height and set below the ridge height of the existing house by a minimum of 300mm.
· The proposed: · Fenestration pattern
of the ground floor of the extension must be a
combination of fixed and operable windows and doors with vertical proportions; · Skylight
windows must be reduced in size; and · Fenestration pattern must reflect the sketch design floor plan and north and south elevations dated 26 February 2019 and submitted to Council on 5 March 2019.
· The external cladding of the garage and lower portion of the extension must be rendered cement sheet and reflect the sketch design for the floor plan and north, east, and south elevations dated 26 February 2019 and submitted to the Council on 5 March 2019.
· The garage and workshop must be separated from the two storey extension by a recessed wall that is at least 400mm wide, set back behind the front wall of the dining/living area by at least 300mm and be lower in height than the roof of the proposed garage by no less that 350mm as reflected in the sketch design for the floor plan and north elevation dated 26 February 2019 and submitted to the Council on 5 March 2019.
· Specifying the exact colour of the Colorbond roof of the existing house (a light/mid grey) and notating that the roof extension will match that colour.
· The roof over the stairs to the upper level of the extension must be a separate roof element set below the eaves as reflected in the sketch design for the south and east elevation dated 26 February 2019 and submitted to the Council on 5 March 2019.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved by Council showing the proposal to be revised in accordance with the above requirements.
All work required by this condition must be undertaken in accordance with the approved revised plans.
Reason for condition
To ensure that development at a heritage place and in a heritage precinct 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 ENGINEERING
All engineering drawings required to be submitted and approved by this planning permit must be submitted to the City of Hobart as a CEP (Condition Endorsement) via the City’s Online Service Development Portal. When lodging a CEP, please reference the PLN number of the associated Planning Application. Each CEP must also include an estimation of the cost of works shown on the submitted engineering drawings. Once that estimation has been confirmed by the City’s Engineer, the following fees are payable for each CEP submitted and must be paid prior to the City of Hobart commencing assessment of the engineering drawings in each CEP:
Value
of Building Works
Approved by Planning Permit Fee: · Up to $20,000:
$150 per application. · Over $20,000: 2% of the value of the works as assessed by the City's Engineer per assessment.
These fees are additional to building and plumbing fees charged under the Building and Plumbing Regulations.
Once the CEP is lodged via the Online Service Development Portal, if the value of building works approved by your planning permit is over $20,000, please contact the City’s Development Engineer on 6238 2715 to confirm the estimation of the cost of works shown on the submitted engineering drawings has been accepted.
Once confirmed, pleased call one of the City’s Customer Service Officers on 6238 2190 to make payment, quoting the reference number (ie. CEP number) of the Condition Endorsement you have lodged. Once payment is made, your engineering drawings will be assessed.
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 connection.
PLANNING
The development has been approved as an extension to a single dwelling and not as a multiple dwelling. Therefore, no part of the dwelling should be used as a separate dwelling independently of any other part of the dwelling without further approval.
STORMWATER
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.
WORK WITHIN THE HIGHWAY RESERVATION
Please note development must be in accordance with the Hobart City Council’s Highways By law. Click here for more information.
DRIVEWAY SURFACING OVER HIGHWAY RESERVATION
If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.
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.
WORK PLACE HEALTH AND SAFETY
Appropriate occupational health and safety measures should be employed during the works to minimise direct human exposure to potentially contaminated soil, water, dust and vapours. Click here for more information.
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.
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Delegation: Council
7.1.4 99 Princes Street, Sandy Bay - Partial Demolition, Alterations and Extension - PLN-17-775 |
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HARVEY That the recommendation contained in the memorandum of the Manager Development Appraisal of 20 March 2019, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and extension at 99 Princes Street, SANDY BAY for the reasons outlined in the officer’s report attached to item 7.1.4 of the Open City Planning Committee agenda of 25 March 2019 and a permit containing the following conditions be issued:
GEN
TW
ENG sw6
Design drawings and calculations of the proposed private stormwater drainage system and the existing/proposed connection to Council infrastructure must be submitted and approved prior to the commencement of work. The drawings and calculations must: 1. Be prepared by a suitably qualified person; 2. Include long section(s)/levels and grades to the point of discharge; and 3. Include a detailed design of any alternative stormwater disposal methods such as the proposed soakage trench (including soil tests to demonstrate site suitability). All work required by this condition must be undertaken in
accordance with the approved design drawings and calculations. ENG 2a
ENG 2b
ENG 3b
1. Be prepared and certified by a suitably qualified engineer.
2. Be generally in accordance with the Australian Standard AS/NZS2890.1:2004.
3. Where the design deviates from AS/NZS2890.1:2004, demonstrate that safe and efficient access will be provided, and will enable safe, easy and efficient use.
4. Show dimensions, levels, gradients and transitions and other details as Council deem necessary to satisfy the above requirement.
5. Provide a long section of the driveway along the centerline showing adequate gradients and transitions, ensuring that change of gradients (especially at front property boundary - note footpath slopes towards road) are adequate to prevent vehicles bottoming out.
6. Clarify the proposed details for the driveway entrance, including: driveway width, need for widening of crossover to line up with wider driveway, height of any front fencing adjacent to driveway which may restrict visibility of pedestrians in footpath and road vehicles from within a reversing vehicle (adequate sight distances).
All work required by this condition must be undertaken in accordance with the approved design. Reason for condition ENG 4
Advice: Non-trafficable areas of the driveway such
as the center strip may be grassed to minimize surface runoff. Or alternatively
permeable pavers could be used for the entire driveway surface to minimize
runoff. ENG 11
1. TSD-R09-v1 – Urban Roads Driveways and TSD R14-v1 Type KC vehicular crossing; and 2. Urban Roads Footpaths TSD-R11-v1.
ENG 1
ENV 1
HER 17
ADVICE
BUILDING PERMIT
PLUMBING PERMIT
OCCUPATION OF THE PUBLIC HIGHWAY
NEW SERVICE CONNECTION
NOISE REGULATIONS
WASTE DISPOSAL
FEES AND CHARGES
DIAL BEFORE YOU DIG
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Delegation: Committee
8. Reports
8.1 Affordable Housing - Legislation - Options for Implementation |
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PROCEDURAL MOTION BRISCOE That the item be deferred until the proposed full Council meeting with the Minister for Housing the Honourable Roger Jaensch MP takes place.
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MOTION CARRIED
VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the item be deferred until the proposed full Council meeting with the Minister for Housing the Honourable Roger Jaensch MP takes place.
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Delegation: Committee
HARVEY That the recommendation contained in the memorandum of the Director City Growth of 20 March 2019, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the memorandum titled ‘City Planning Advertising Report’ of 20 March 2019 be received and noted.
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Delegation: Committee
BRISCOE That the recommendation contained in the report of the Director City Growth of 20 March 2019, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the memorandum titled ‘Delegated Decisions Report (Planning)’ of 20 March 2019 be received and noted.
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Delegation: Committee
9. Motions of which Notice has been Given
That in accordance with Council’s policy, the following amended Notice of Motion which was adopted by the City Planning Committee, be considered by the Council. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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“That a report be prepared into the development of a usable model of projected population and economic growth of the Greater Hobart region. This modelling tool is to be integrated into Hobart City Council planning, infrastructure, strategy development and decision-making.”
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Rationale:
“We as a council are being asked to make significant decisions on planning and infrastructure matters without proper information on the projected population and economic growth of Hobart. We need this information readily in order to future-proof our decisions for our community. In light of the housing crisis, climate change and the significant growth Hobart has already undergone in recent years, it is poor governance to consider things like implementing a height limit or moving the university into the CBD without knowing what the future requirements of our city are.”
The General Manager reports:
“In line with the Council’s policy in relation to Notices of Motion, I advise that the matter is considered to be within the jurisdiction of the Hobart City Council as it relates to developing a tool to inform decision making.”
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Delegation: Council
Regulation 29(3) Local Government
(Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
10.1 Building Permits
File Ref: F19/18882; 13-1-10
Memorandum of the Director City Growth of 20 March 2019.
BRISCOE |
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MOTION CARRIED VOTING RECORD
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Delegation: Committee
Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
11.1 Alderman Briscoe – Neighbouring Solar Access - Planning Schemes File Ref: 13-1-10 |
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Question: Can the Director advise of the status of the previous notice of motion from former Alderman Ruzicka regarding the standards and controls for residential development in non-residential zones?
Answer: The Director City Growth took the question on notice.
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That the Committee resolve by 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: · Legal action involving the Council.
The following items were discussed:-
Item No. 1 Minutes of the last meeting of the Closed Portion of the Committee Meeting Item No. 2 Consideration of supplementary items to the agenda Item No. 3 Indications of pecuniary and conflicts of interest Item No. 4 Responses to Questions Without Notice Item No. 4.1 Hobart Rivulet LG(MP)R 15(2)(i) Item No. 5 Questions Without Notice |
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MOTION CARRIED VOTING RECORD
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Delegation: Committee
There being no further business the open portion of the meeting closed at 7:00 pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
8th DAY OF APRIL 2019.
CHAIRMAN