Minutes (Open Portion)

Council Meeting

Page 3

26/10/2020

Minutes (Open Portion)

Council Meeting

Page 5

26/10/2020

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 12 October 2020, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Burnet

Harvey                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

The Acting General Manager tabled a petition calling for Council to approve the plan titled ‘Riding the Mountain - A Plan for Improved Mountain Bike Riding in the Foothills of kunanyi / Mount Wellington’.

There were 741 signatories to the petition.

Briscoe

Dutta                                                                                                                 

That the petition be considered during discussion on item 16 of the Open Council agenda of 26 October 2020. 

MOTION CARRIED

VOTING RECORD

Attachment

a.   Petition - Shredding Betties ⇨  

9.1      63 Davey Street, Hobart and 186 Macquarie Street, Hobart, Adjacent Road Reserve - Demolition, New Building for 30 Multiple Dwellings and 21 Student Accommodation Units including Carparking, and Associated Infrastructure and Access Works

Ref:    Open CPC 7.1.1, 19/10/2020

Application Expiry Date: 27 October 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for demolition, new building for 30 multiple dwellings and 21 student accommodation units including carparking, and associated infrastructure and access works at 63 Davey Street and 186 Macquarie Street, Hobart and adjacent road reserve, for the following reasons:

1.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause Part D 22.4.1 A1 and P1.1(a) of the Hobart Interim Planning Scheme 2015 because the development does not make a positive contribution to the streetscape and townscape, having regard to the height, bulk and design of existing and proposed buildings.

2.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause E13.8.2 P1 of the Historic Heritage Code of the Hobart Interim Planning Scheme 2015 because the proposal results in detriment to the historic cultural heritage significance of the precinct through its design and siting.

3.      The proposal does not meet the acceptable solution or the performance criterion with respect to clause 22.4.1 P5 of the Historic Heritage Code of the Hobart Interim Planning Scheme 2015 because the proposed building unreasonably dominates and has a materially adverse impact on adjacent existing buildings of cultural heritage significance through its height.

PROCEDURAL MOTION

Burnet

SHERLOCK                                                     

That at the request of the applicant, the item be deferred to allow the applicant to submit amended plans reducing the height of the proposal.

PROCEDURAL MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That at the request of the applicant, the item be deferred to allow the applicant to submit amended plans reducing the height of the proposal.

9.2      518 Huon Road, South Hobart - Security Fence and Gates

Ref:    Open CPC 7.1.2, 19/10/2020

Application Expiry Date: 19 November 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for security fence and gates at 518 Huon Road, South Hobart for the reasons outlined in the officer’s report attached to item 7.1.2 of the Open City Planning Committee agenda of 19 October 2020 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 PLN­20­438 ­ 518 HUON ROAD SOUTH HOBART TAS 7004 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

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.

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.

Burnet

Harvey                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.3      Amendment PSA-18-2 - Hobart Interim Planning Scheme 2015 - 66 Summerhill Road Rezoning

Ref:    Open CPC 8.1, 19/10/2020

That:

1.    Pursuant to Section 34(1) (a) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council resolve to initiate an amendment to the Hobart Interim Planning Scheme 2015 to rezone the property at 66 Summerhill Road to Low Density Residential from General Residential, Environmental Living and Environmental Management, as indicated in the rezoning plan provided in Attachment A to item 8.1 of the Open City Planning Committee agenda of 19 October 2020, and to extend the Biodiversity Protection Area Overlay over the entire area rezoned to Low Density Residential.

2.    Pursuant to Section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council certify that the amendment to the Hobart Interim Planning Scheme 2015 PSA-18-2 meets the requirements of Section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the General Manager and the Deputy General Manager to sign the Instrument of Certification (marked as Attachment E to item 8.1 of the Open City Planning Committee agenda of 19 October 2020).

3.    Pursuant to Section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place Amendment PSA-18-2 to the Hobart Interim Planning Scheme 2015 on public exhibition for a 28 day period following certification.

4.    Council resolve to request the Minister for Planning to amend to the Southern Tasmania Regional Land Use Strategy 2010-2035 (STRLUS) to extend the Urban Growth Boundary to include the area of 66 Summerhill Road to be rezoned Low Density Residential.

Burnet

Behrakis                                              That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Briscoe

Sexton

Thomas

Harvey

Behrakis

Dutta

Sherlock

Coats

9.4      354 Macquarie Street, South Hobart - Partial Demolition and Extension

Ref:    Special Open CPC 2.1.1, 26/10/2020

Application Expiry Date: 14 November 2020

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a partial demolition and extension at 354 Macquarie Street, South Hobart TAS 7004 because the proposal meets the requirements of the Scheme, specifically clauses E13.7.2 P1, E13.7.2 P2, E13.7.2 P3, E13.7.2 P4, E13.8.2 P1, E13.8.2 P3 of the Historic Heritage Code.  A permit containing the following conditions will be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-20-40 - 354 MACQUARIE STREET SOUTH HOBART TAS 7004 - Final Planning Documents except where modified below.

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.

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, by-laws, 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.

NOISE REGULATIONS

Click here for information with respect to noise nuisances in residential areas.

WASTE DISPOSAL

It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill.

Further information regarding waste disposal can also be found on the Council’s 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. 

Burnet

Briscoe                                                   That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

10.      Monthly Building and Planning Statistics - 1 September - 30 September 2020

Ref:    Open CPC 8.4, 19/10/2020

That the report of the Director City Planning be received and noted:

During the period 1 September 2020 to 30 September 2020, 69 building permits were issued to the value of $18,767,569 which included:

(i)      29 for extensions/alterations to dwellings to the value of $4,482,300;

(ii)     22 new dwellings to the value of $3,778,393; and

(iii)    2 major projects:

(a)     48 Liverpool Street, Hobart - Commercial Internal Alterations - $4,100,000;

(b)     4-12 Elizabeth Street, Hobart - Commercial Internal Alterations - $2,000,000

2.      During the period 1 September 2019 to 30 September 2019, 42 building permits were issued to the value of $13,543,595 which included:

(i)      22 for extensions/alterations to dwellings to the value of $4,453,986;

(ii)     4 new dwellings to the value of $773,209; and

(iii)    2 major projects:

(a)     93 Elizabeth Street, Hobart - Alterations and Change of Use - $1,500,000;

(b)     160-162 Elizabeth Street, Hobart - New Building and Alterations - $6,600,000

In the twelve months ending 30 September 2020, 628 permits were issued to the value of $224,352,929; and

In the twelve months ending 30 September 20199, 635 permits were issued to the value of $318,201,388.

Burnet

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

11.      Investigation of Asset Holdings

Ref:    Open FGC 7.1, 20/10/2020

Motion:

 “That:   1.    The General Manager provide a report with a proposal, including an estimation of costs to engage an external consultant to undertake and complete an analysis of better strategic use of or possible asset sales and/or the potential to allow council assets of all types to provide support as collateral security to reduce debt levels without having to sell the assets for consideration by the Council when developing a post COVID-19 recovery and resilience plan.

2.      The following commercial attributes are to be addressed as part of the analysis:

a.    Current and potential use to value;

b.    Commercial value to commercial return;

c.    Rent return to capital return.”

Rationale:

During the COVID-19 pandemic, the Council experienced significant challenges to the financial sustainability of the Council. The forecast loss from all areas of operations in the financial year 2020 is estimated at a 12 million dollar loss.

It is important that as part of the ongoing strategies to recover from the pandemic that all realistic options are considered by the Council.  One of these ought to include:

1.      The consideration of disposing of the City’s underutilised assets.

2.      Consideration of the market mechanisms which provide possible flexible funding options for council’s balance sheet through utilising council’s asset portfolio to generate funding without selling or relinquishing control of the assets.

It is appreciated that this can be an issue approached with some trepidation by elected members which requires balancing the retention of required assets and possible unknown future circumstances against the benefits that disposal might provide in the ‘here and now’.

As an alternative to the disposal of assets, there may be options around restructuring the ownership model or using the assets portfolio to provide a better return for ratepayers.

For some years now governments around Australia including government owned corporations have entered into debt funding models which all require appropriate probity and transparency.

The assets portfolio encompasses all council owned infrastructure, including real property holdings.

The General Manager advises:

“A recovery and resilience plan is being developed as part of the City’s response to the COVID-19 pandemic, which will include consideration of the strategies for the future of the City’s assets.”

Thomas

Behrakis                                    

That the motion be adopted with inclusion of the words ‘to the extent that is needed’ after the word ‘costs’ in clause 1.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.      The General Manager provide a report with a proposal, including an estimation of costs, to the extent that it is needed to engage an external consultant to undertake and complete an analysis of better strategic use of or possible asset sales and/or the potential to allow council assets of all types to provide support as collateral security to reduce debt levels without having to sell the assets for consideration by the Council when developing a post COVID-19 recovery and resilience plan.

2.      The following commercial attributes are to be addressed as part of the analysis:

a.    Current and potential use to value;

b.    Commercial value to commercial return;

c.    Rent return to capital return.

12.      2020 Meeting Schedule Proposed Changes

Ref:    Open FGC 6.1, 20/10/2020

That the following changes to the 2020 Council and Committee Meeting Schedule be adopted:

1.    An additional ordinary Council meeting be scheduled on Monday 7 December 2020.

2.    The City Planning Committee meeting scheduled to occur on Monday 7 December 2020 be moved to Monday 14 December 2020.

3.    The ordinary Council meeting scheduled to occur on Monday 14 December 2020 be moved to Thursday 17 December 2020.

Zucco

BURNET                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

13.      Proposed 2021 Council and Committee Meeting Schedule and Temporary City Planning Committee Delegation

Ref:    Open FGC 6.2, 20/10/2020

That:   1.    The Council adopt the 2021 Council and Council Committee meeting schedule, marked as Attachment A to item 13 of the Open Council agenda of 26 October 2020.

2.    In the event that any urgent matters arise which cannot be accommodated within the 2021 meeting schedule, special meetings be convened as required.

3.    The City Planning Committee be provided with the following delegation in order to facilitate the processing of planning permit applications during the Christmas period:

(i)      To determine all planning permit applications which would otherwise be determined by the Council, after the last ordinary scheduled Council meeting in December 2020 and the first ordinary scheduled Council meeting in January 2021, in circumstances where it would not otherwise be possible to determine the application within the statutory time period required under Sections 57(6), 57(6A), 58(2) or 58(2A) of the Land Use Planning and Approvals Act 1993, and an extension of time cannot be obtained, unless an Elected Member has requested the convening of a special meeting or meetings to determine the application and there is sufficient time to arrange a special meeting prior to the expiry of the statutory time period required under those sections.

Zucco

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

14.      City of Hobart Local Preference Procurement Policy

Ref:    Open FGC 6.3, 20/10/2020

That:  1.     The report ‘City of Hobart Local Preference Procurement Policy’ be received and noted.

2.    The Council adopt the City of Hobart Local Preference Procurement Policy, marked as Attachment A to item 6.3 of the Open Finance and Governance Committee agenda of 20 October 2020.

3.    The General Manager be authorised to finalise the City of Hobart Local Preference Procurement Policy and arrange for it to be made available from the City’s website. 

ZUCCO

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

15.      Consumption / Sale of Alcohol in Wellington Park

Ref:    Open PRC 6.1, 15/10/2020

That:   1.    The Council write to the Fern Tree Community Association and provide the following advice in respect to the consumption and sale of alcohol in Wellington Park:

(i)      The sale of alcohol is more appropriately considered through the assessment process when any development application that would include the supply and/or sale of alcohol in Wellington Park, is made.

(ii)     The sale of alcohol is a permitted use under the Wellington Park Management Plan at specified precincts including the Pinnacle and the Springs.

2.    An Elected Member briefing be convened at the appropriate time to discuss the consumption of alcohol in Council’s public open spaces.

(i)      An invitation be extended to Dr Adrian Reynolds together with Alison Lai to provide this briefing in the first instance.

Briscoe

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

16.      Mountain Bike Network Plan for the Foothills of kunanyi/ Mount Wellington - Results of Community Engagement

Ref:    Open PRC 6.2, 15/10/2020

That:   1.    The ‘Riding the Mountain - A Plan for Improved Mountain Bike Riding in the Foothills of kunanyi/ Mount Wellington’ marked as Attachment A to item 6.2 of the Open Parks and Recreation Committee agenda of 15 October 2020, be approved.

2.    The General Manager be authorised to secure any statutory approvals required for the implementation of the Plan, noting that this will include a detailed environmental assessment (as per the City of Hobart Biodiversity Action Plan) of each of the locations identified for the tracks, as or when they are to be developed.

3.    The City seek to secure external grant funding for the projects to proceed.

4.    The Plan be made publicly available through the City’s website and other platforms.

Briscoe

Dutta                                                     

That the recommendation be adopted and that petitioners be advised of the Council resolution. 

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    The ‘Riding the Mountain - A Plan for Improved Mountain Bike Riding in the Foothills of kunanyi/ Mount Wellington’ marked as Attachment A to item 6.2 of the Open Parks and Recreation Committee agenda of 15 October 2020, be approved.

2.    The General Manager be authorised to secure any statutory approvals required for the implementation of the Plan, noting that this will include a detailed environmental assessment (as per the City of Hobart Biodiversity Action Plan) of each of the locations identified for the tracks, as or when they are to be developed.

3.    The City seek to secure external grant funding for the projects to proceed.

4.    The Plan be made publicly available through the City’s website and other platforms.

5.    Petitioners be advised of the Council resolution. 

17.      City to Gardens Way Connectivity and Wayfinding Plan - Results of Community Engagement and Endorsement of Final Plan

Ref:    Open PRC 6.3, 15/10/2020

That:   1.    The City to Gardens Way Connectivity and Wayfinding Plan, marked as Attachment A to item 6.3 of the Open Parks and Recreation Committee agenda of 15 October 2020, be approved.

2.    The General Manager be authorised to secure any statutory approvals required for the implementation of the Plan.

3.    The City seek to secure external grant funding for the projects to proceed.

4.    The Plan be made publicly available through the City’s website and other platforms.

Briscoe

Burnet                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

18.      Tolmans Hill Park, Tolmans Hill - Proposed Public Toilets, BBQ, Shelter Facilities - Community Consultation Outcomes

Ref:    Open PRC 6.4, 15/10/2020

That:   1.    The concept plans for the development of new public toilets and barbecue facilities at Tolmans Hill Park, Tolmans Hill, marked as Attachment A to item 6.5 of the Open Parks and Recreation Committee agenda of 15 October 2020, be approved.

2.    The General Manager be authorised to secure any statutory approvals required for the project.

3.    The City seek to secure external grant funding for the project to proceed.

4.    Should the development works proceed, an increase of $10,000 per annum be included in the Parks and Reserves operating budget to cover associated cleaning, maintenance and operational costs for the facilities.

5.    Residents and stakeholders be advised of the Council’s decision.

Briscoe

Thomas                                                  That the recommendation be adopted.

Amendment

Coats

Behrakis                                                                                                                   

That a clause 3 (i) be included to provide that, failing success, the City look to program the work as soon as it can be accommodated within the capital works program.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    The concept plans for the development of new public toilets and barbecue facilities at Tolmans Hill Park, Tolmans Hill, marked as Attachment A to item 6.5 of the Open Parks and Recreation Committee agenda of 15 October 2020, be approved.

2.    The General Manager be authorised to secure any statutory approvals required for the project.

3.    The City seek to secure external grant funding for the project to proceed.

       (i)      Failing success, the City look to program the work as soon as     it can be accommodated within the capital works program.

4.    Should the development works proceed, an increase of $10,000 per annum be included in the Parks and Reserves operating budget to cover associated cleaning, maintenance and operational costs for the facilities.

5.    Residents and stakeholders be advised of the Council’s decision.

19.      Provision of Showers in Public Toilet Developments

Ref:    Open PRC 6.5, 15/10/2020

That:   1.    The City continue to explore opportunities to provide additional public showering facilities across the city, in support of the implementation of the City’s key strategies:

(i)      Public Toilet Strategy 2015-2025;

(ii)     Social Inclusion Strategy; and

(iii)    Housing and Homelessness Strategy.

2.    The City continue to engage and partner with its external community support providers to improve accessibility to public showering facilities to the community.

Briscoe

Burnet                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

20.      Established Pest Animals and Weeds Management Pipeline Program – Advancing Pest Animal and Weed Control Solutions - City Support

Ref:    Open PRC 6.6, 15/10/2020

That approval be provided for the City to participate in a trial proposed by the not-for-profit company Thylation R&D, with the goal of seeking to stem the ongoing loss of biodiversity in urban areas caused by cats (domestic, stray and feral) that remain a major threat to native fauna.

(i)      In-kind support be provided by City using existing resourcing wholly congruent with the purpose of the City’s biodiversity program, and the goals of the City’s Biodiversity Action Plan.

Briscoe

Harvey                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

21.      13 Marine Terrace, Battery Point - Proposal to Install Boat-Slip Track/Rails Across City Foreshore Land

Ref:    Open PRC 6.7, 15/10/2020

That the Council not provide in-principle approval for a licence over the City’s foreshore land adjoining 13 Marine Terrace, Battery Point to accommodate the installation of boat-slip tracks as the proposal could unduly alienate public access across the land acquired by the Council for public open space.

Briscoe

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD