Minutes (Open Portion)

Council Meeting

Page 2

7/10/2019

Minutes (Open Portion)

Council Meeting

Page 5

7/10/2019

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 23 September 2019, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Harvey

Dutta                                                     That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

The Lord Mayor reported that she had received some correspondence from the Australian Local Government Women's Association (ALGWA) in regard to sexism, harassment and bullying in Local Government.

ALGWA has developed a survey which will form the basis of an inquiry into workplace culture in Tasmanian Local Government which has been distributed to all female-identified and non-binary elected representatives and former representatives in Tasmania in order to collect qualitative and quantitative information on the extent to which gender-based discrimination is experienced.

The Lord Mayor encouraged people to complete the survey at the following link: https://www.surveymonkey.com/r/7MNDT2K 

The General Manager tabled a petition from Mr David Traynor requesting that Council ensures residents of St David’s park, together with their guests and visitors, who choose to remain in the park, can do so without fear of harassment or eviction by the Council for as long as they choose.

There were 43 signatories to the petition.

Briscoe

Harvey

That the petition be received and noted and referred to the appropriate committee.

MOTION CARRIED

VOTING RECORD

Attachment

a    Petition - St David's Park Residents ⇨  

9.1      Franklin Wharf, Hobart - Marina

Ref:    Open CPC 7.1.1, 30/09/2019

Application Expiry Date: 10 October 2019

Extension of Time: Not applicable

Behrakis

Briscoe                                                                                                                      

That in accordance with the applicants request, the matter be withdrawn from the agenda.  

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That in accordance with the applicants request, the matter be withdrawn from the agenda.  

9.2      30 Marlborough Street, Sandy Bay - Dwelling and Front Fencing

Ref:    Open CPC 7.2.1, 30/09/2019

Application Expiry Date: 8 October 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a dwelling at 30 Marlborough Street Sandy Bay for the reasons outlined in the officer’s report attached to item 7.2.1 of the Open City Planning Committee agenda of 30 September 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 PLN­19­432 ­ 30 MARLBOROUGH STREET SANDY BAY TAS 7005 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

TW

The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2019/01018­HCC dated 24 July 2019 as attached to the permit.

Reason for condition

To clarify the scope of the permit.

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).

Advice: Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater onto a neighbouring property.

Reason for condition

To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.

ENG 2a

Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS1170.1:2002 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:

The Council does 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 in the parking module this area may be considered as a path of access to a building.

Reason for condition

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

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).

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.

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.

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.

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.

WORK WITHIN THE HIGHWAY RESERVATION

Please note development must be in accordance with the Hobart City Council’s Infrastructure By law. 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.

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.

Behrakis

Ewin                                                        That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.3      479 Sandy Bay Road and Adjacent Road Reserve, Sandy Bay - Subdivision (Boundary Adjustment)

Ref:    Open CPC 7.2.2, 30/09/2019

Application Expiry Date: 13 November 2019

Extension of Time: Not applicable

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for subdivision (boundary adjustment) at 479 Sandy Bay Road and adjacent road reserve, Sandy Bay for the reasons outlined in the officer’s report attached to item 7.2.2 of the Open City Planning Committee agenda of 30 September 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 PLN­19­557 ­ 479 SANDY BAY ROAD SANDY BAY TAS 7005 AND ADJACENT ROAD RESERVE ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

SURV 1

The applicant must submit to the Council a copy of the surveyor’s survey notes at the time of lodging the final plan.

Reason for condition

To enable the Council to accurately update cadastral layers on the corporate

Geographic Information System.

SURV 2

The final plan and schedule of easements must be submitted and approved in accordance with section 89 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

Reason for condition

To ensure that the subdivision/boundary adjustment is carried out in accordance with the Council's requirements under the provisions of Part 3 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

SURV 3

The final plan and schedule of easements must be submitted and approved under section 89 of the Local Government (Building & Miscellaneous Provisions) Act 1993.

The final plan and schedule of easements must provide easements to the satisfaction of the Council over any proposed or existing stormwater, water or sewer mains passing through the lots on the final plan, in favour of the Hobart City Council and/or TasWater (minimum width of 2m, or 3m if they cover two pipes).

Reason for condition

To ensure that there are no impediments to the provision of public and private services and access to the lots.

SURV 9

Lot 2 is to be added to C.T. 222066/1.

The final plan must include notations in accordance with section 111 of the Local Government (Building and Miscellaneous Provisions) Act 1993, in relation to the lot resulting from the addition of Lot 2 to the land comprised in C.T. 222066/1 to satisfy the above requirement.

Reason for condition

To ensure compliance with statutory provisions.

SUB s1

Lot 2 must be closed as a public highway under the provisions of the Local

Government (Highways) Act 1982 prior to the sealing of the final plan.

Reason for condition

To extinguish all public rights of access and enable the lot to be transferred to private ownership.

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.

CLOSURE OF THE HIGHWAY

The boundary adjustment requires partial closure of the highway under Section 14 of the Local Government (Highways) Act 1982. The process has been commenced by the City of Hobart with all costs to be borne by the owner of CT 222066/1. Please contact the City’s Road Services Engineer on (03) 6238 2018 for further information.

SUBDIVISION ADVICE

For information regarding standards and guidelines for subdivision works click here. All conditions imposed by this permit are in accordance with the Local Government Building & Miscellaneous Provisions) Act 1993 and the Conveyancing and Law of Property Act 1884.

Behrakis

Dutta                                                     That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

10.      Underground Rivulet Commuter Network

Ref:    Open CIC 7.1, 25/09/2019

Alderman Denison

Motion:

“1.     That a report be prepared to consider the merits or otherwise of utilising Hobart’s underground rivulet as a pedestrian and / or bicycle commuter route;

          and;

 2.     In its assessment of the concept, the Council considers the potential of working with institutions such as schools, colleges and universities to develop research projects for students to address the challenges and develop technical, innovation, social and economic models and solutions.

Rationale:

“The demand for Hobart’s roads and footpaths is increasing as more people live, work, learn and socialise in the inner city. Pedestrians, cyclists and vehicles are increasingly competing for finite space. Given the constraints on the ground level to physically increase the area available for travelling, the consideration of novel approaches to creating alternative commuter connections that are convenient and inviting is warranted. This motion suggests the idea of studying the potential for utilisation of the convenient routes offered by Hobart’s underground rivulet.

The underground route of the Hobart Rivulet could offer enormous opportunities for connecting key locations within the city. An example of four possible entrance locations, marked as A, B, C and D, are shown in Figure 1 below.

Figure 1: Possible Rivulet Access Locations

There are other locations where the rivulet may be accessed, but these four examples provide an illustration of the range of potential locations of entrances, and how popular city destinations may be connected.

Location A

The rivulet is exposed for segments between the start of the Linear Park track, Molle St and across Barrack St, becoming enclosed near Liverpool St in the block between Barrack and Harrington St. As shown in Figure 2, the exposed rivulet runs adjacent to a variety of buildings in the city.

Figure 2: The open rivulet between Liverpool, Harrington, Collins and Barrack Streets

Location B

The rivulet runs underneath the Cat and Fiddle Arcade with parts of the lower floor of the building built into the rivulet void. Figure 3 shows a view from inside the underground rivulet of an area apparently used for storage at the rear of a shop within the arcade.

Figure 3: The Rivulet below the Cat and Fiddle Arcade

Location C

A now enclosed bridge (Wellington Bridge) is visible from the rivulet under the Elizabeth St Mall as shown in Figure 5.

Figure 5: The Rivulet below Elizabeth St Mall

Location D

A segment of the rivulet is exposed alongside the Royal Hobart Hospital, running adjacent to Collins St between Argyle and Campbell Streets.

Assessment

Evaluating and designing the route will be informed by a range of disciplines. While the concept poses technical (eg ventilation, travelling surface, flood monitoring and escape routes) and financial challenges, it will also require a range of focussed assessments such as legal (land ownership, access and zoning) and economic (creating new business opportunities and revenue opportunities for Council, but potentially reducing existing street pedestrian traffic). There is scope for new design and innovation to enhance user amenity such as heating, lighting, air quality and user experience. Gathering this information presents a range of opportunities for students and institutions to develop connections with Council and learn about the operation of the city, while developing practical skills.

The Hobart Rivulet has not always been treated carefully by the city and its residents. This project presents the opportunity for the people of Hobart to understand the critical ongoing role of the rivulet, and appreciate its existence as a serene connection through the busiest parts of our city.”

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 the Hobart Rivulet.”

Denison

Sherlock                                           

That the recommendation be adopted with the inclusion of the words ‘or other uses’ after the word ‘route’ in clause 1.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

1.    That a report be prepared to consider the merits or otherwise of utilising Hobart’s underground rivulet as a pedestrian and / or bicycle commuter route, or other uses, and;

2.    In its assessment of the concept, the Council considers the potential of working with institutions such as schools, colleges and universities to develop research projects for students to address the   challenges and develop technical, innovation, social and economic models and solutions.

11.      Liverpool Street, Hobart - Embankment Remediation

Ref:    Open CIC 6.1, 25/09/2019

That:   1.    Remediation works of the flood damaged section of 367-377 Liverpool Street, Hobart retaining the existing Liverpool Street road geometry, addressing drainage issues and rehabilitating the road pavement, at an estimated cost of $370,000, be approved.

            2.    Funding of $92,000 be allocated from the City’s Roads Strategy and Projects Budget Function in the 2019-20 Annual Plan to augment the funds to be provided by the Federal Government Natural Disaster Relief arrangement.  

Denison

Harvey                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

12.      Water Bottle Refill Programs - A Review of the Choose Tap Program

Ref:    Open CIC 6.2, 25/09/2019

That:   1.    The Council adopt the ‘Tap’ App program to encourage the refilling of water bottles, as a means to reduce the level of use of plastic water bottles and subsequent risk of single-use water bottles becoming litter.

(i)      The initiative be promoted to the City’s relevant retailers and City residents and visitors.

(ii)     The location of the City’s water drinking fountains be loaded into the App.

2.    The cost of the program, estimated at $1,100 per annum (noting $0 cost of the App, an estimated cost of $300 for the printing of promotional stickers with the balance being anticipate staff costs to support the program), be funded within the City’s Cleansing and Solid Waste Budget Function in the 2019-20 Annual Plan.

Denison

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

13.      Hobart Bicycle Advisory Committee - Meeting Notes and Proposed Change of Name and Terms of Reference

Ref:    Open CIC 6.3, 25/09/2019

That    1.    That the draft minutes of the Hobart Bicycle Advisory Committee meeting of 27 August 2019 (marked as Attachment A to item 6.3 of the Open City Infrastructure Committee agenda of 25 September 2019) be received and noted.

            2.    The current ‘Hobart Bicycle Advisory Committee’ be renamed as the ‘Hobart Active Travel Committee’.

            3.    The draft Terms of Reference (marked as Attachment B to item 6.3 of the Open City Infrastructure Committee agenda of 25 September 2019) for the Hobart Active Travel Committee be approved.

            4.    The Hobart Active Travel Committee report to the 'relevant Council Committee', to allow for matters to be considered by other Council Committees as appropriate, with the minutes of Hobart Active Travel Committee meetings continuing to be provided to the City Infrastructure Committee as a matter of course.

            5.    A representative from the Heart Foundation be invited to join the Committee.

            6.    A public Expression of Interest process be undertaken to seek one community member to represent the interests of people who walk on the Committee.

Denison

Ewin                                                        That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

14.      SKAL/IIPT Global Peace Park Initiative

Ref:    Open EDCC 6.3, 26/09/2019

That:   1.    The Council name Hobart as a Skål/IIPT Global City of Peace at an annual membership cost of $440 for four years through to 2022-23.

(i)      The cost of $440 be attributed to the Tourism Budget Function in the 2019-20 Annual Plan.

(ii)     The allocation of $440 per year be included in the budget preparations for 2020-21, 2021-22 and 2022-23.

2.    The one-off cost of $4,330 to sponsor two trees for inclusion in the Peace Promenade be recorded in the ‘Grants, Assistance and Benefits provided’ section of the City of Hobart’s Annual Report.

Sexton

Dutta                                                     That the recommendation be adopted.

Procedural Motion

Zucco

                                                                                        That the matter be deferred.

The Chair did not accept the procedural motion for the reason that she wished to allow all member the opportunity to speak to the recommendation.

Procedural Motion

Zucco

Sherlock                        That clause 2 be deferred for further consideration.

PROCEDURAL MOTION CARRIED

VOTING RECORD

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    The Council name Hobart as a Skål/IIPT Global City of Peace at an annual membership cost of $440 for four years through to 2022-23.

(i)      The cost of $440 be attributed to the Tourism Budget Function in the 2019-20 Annual Plan.

(ii)     The allocation of $440 per year be included in the budget preparations for 2020-21, 2021-22 and 2022-23.

          2.      That clause 2 of the recommendation be deferred for further                           consideration.

15.      Measurement System Update - International Relationships

Ref:    Open EDCC 6.4, 26/09/2019

That:   1.    The Council notes that RMIT and ACELG (now ALGA) are not contributing academic work to analyse the qualitative and quantitative value of Australian local government international city to city relationships.

2.    The Council authorises the engagement of Professor Peter Frappell to develop a robust system to measure the value of the City’s current and future international relationships.

3.    The cost of the measurement system be no more than $21,000 excluding GST, to be attributed to the Economic Development Budget Function in the 2019–20 Annual Plan. 

Sexton

Ewin                                                        That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD