AGENDA
OPEN PORTION OF THE Special Council Meeting

Tuesday, 27 July 2021

AT 5:00 pm

 


 


 

Agenda (Open Portion)

Special Council Meeting

Page 3

 

27/7/2021

 

 

ORDER OF BUSINESS

 

APOLOGIES AND LEAVE OF ABSENCE

1.        Indications of Pecuniary and Conflicts Of Interest. 4

2.        COUNCIL Acting as Planning Authority. 5

2.1     Applications under the Hobart Interim Planning Scheme 2015  6

2.1.1 100 Pinnacle Road, Mount Wellington and 30 McRobies Road, South Hobart and Adjacent Road Reserve. 6

 


 

Agenda (Open Portion)

Special Council Meeting

Page 4

 

27/7/2021

 

 

A meeting of the Open Portion of the Council will be held in the Council Chamber, Town Hall on Tuesday, 27 July 2021 at 5:00 pm.

 

Kelly Grigsby

Chief Executive Officer

The title Chief Executive Officer is a term of reference for the General Manager as appointed by Council pursuant s.61 of the Local Government Act 1993 (Tas).

This meeting of the Council is held in accordance with a Notice issued by the Premier

on 3 April 2020 under section 18 of the COVID-19 Disease Emergency

(Miscellaneous Provisions) Act 2020.

ELECTED MEMBERS:

Lord Mayor A M Reynolds

Deputy Lord Mayor H Burnet

Alderman M Zucco

Alderman J R Briscoe

Alderman Dr P T Sexton

Alderman D C Thomas

Councillor W F Harvey

Alderman S Behrakis

Councillor M S C Dutta

Councillor J Ewin

Councillor Dr Z E Sherlock

Councillor W N S Coats

APOLOGIES:

 

 

LEAVE OF ABSENCE: Nil.

 

 

 

 

 

1.       Indications of Pecuniary and Conflicts Of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

Elected members are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Council has resolved to deal with.


 

 

2.       COUNCIL Acting as Planning Authority

In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Council to act as a planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be noted.

In accordance with Regulation 25, the Council will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.

The Council is reminded that in order to comply with Regulation 25(2), the Chief Executive Officer is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.


Item No. 2.1.1

Agenda (Open Portion)

Special Council Meeting

Page 12

 

27/7/2021

 

 

2.1     Applications under the Hobart Interim Planning Scheme 2015

 

2.1.1   100 Pinnacle Road, Mount Wellington and 30 McRobies Road, South Hobart and Adjacent Road Reserve

            PLN-19-345 - FILE REF: F21/57583

Address:                         100 Pinnacle Road, Mount Wellington and 30 McRobies Road, South Hobart and Adjacent Road Reserve

Proposal:                       Cableway and Associated Facilities, Infrastructure and Works

Expiry Date:                   29 July 2021

Extension of Time:       Not applicable

Author:                           Emma Riley

 

REcommendation

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for a cableway and associated facilities, infrastructure and work at 100 Pinnacle Road, 30 McRobies Road & Adjacent Road Reserve for the following reasons:

 

1.      The proposed Transport Depot and Distribution use (the cableway) is not consistent with the values of Wellington Park identified in section 8.2 and section S2.1 of the Wellington Park Management Plan 2013 (as amended October 2015) in that it will diminish the Park’s tourism, recreational, cultural and landscape values as a result of its scale, mechanisation and emissions.

 

2.      The proposed Food Services use is not consistent with the values of Wellington Park identified in section 8.2 and section S2.1 of the Wellington Park Management Plan 2013 (as amended October 2015) in that it will diminish the Park’s tourism, recreational and landscape values as a result of its scale, nature and intensity.

 

 

 

 

 

 

3.      The proposal does not meet the acceptable solution or performance criterion with respect to clause 28.3.1, A1 or P1 of the Hobart Interim Planning Scheme 2015 as the proposed hours of operation will have an unreasonable impact on the residential amenity of land in the residential zones as a result of noise and other emissions.

 

4.      The proposal does not meet the acceptable solution or performance criterion with respect to clause 28.3.2, A1 or P1 of the Hobart Interim Planning Scheme 2015 as the proposed noise emissions have the potential to cause environmental harm within the Environmental Living and General Residential zones on McRobies Road.

 

5.      The proposal does not meet the acceptable solution or performance criterion with respect to clause E5.6.4, A1 or P1 of the Hobart Interim Planning Scheme 2015 as the proposed sight distances for the access road on to McRobies Road is inadequate and  and does not ensure safe movement of vehicles entering the existing roundabout.

 

6.      The proposal does not meet the acceptable solution with respect to clause E7.7.1 A3 as the stormwater from the pinnacle centre will be primarily drained to ground and in a storm event the flows will be greater than pre-existing runoff and there is no corresponding performance criterion.

 

7.      The proposal does not meet the acceptable solution or performance criteria with respect to clause E10.7.1, A1 or P1 of the Hobart Interim Planning Scheme 2015 as the proposed access road from McRobies Road to the boundary of Wellington Park involves the removal of high priority biodiversity values and the mitigation strategies and management measures to retain and improve the remaining high priority biodiversity values are not sufficient as required by subclause (c)(iii).

 

8.      The proposal does not meet the acceptable solution or performance criteria with respect to clause E10.7.1, A1 or P1 of the Hobart Interim Planning Scheme 2015 as the proposed access road from McRobies Road to the boundary of Wellington Park involves the removal of high priority biodiversity values and special circumstances have not been demonstrated as required by subclause (c)(iv).

 

9.      The proposal does not meet the acceptable solution or performance criteria with respect to section 8.5.7, Issue 2, P2.1 of the Wellington Park Management Plan 2013 (as amended October 2015) as the proposal, due to the clearance associated with the base station, associated bushfire hazard areas and towers 1 and 2, does not avoid or sufficiently remedy the loss of swift parrot habitat values and therefore results in a long-term impact on vegetation values.

 

10.    The proposal does not meet the acceptable solution or performance criteria with respect to section 8.5.7, Issue 2, P2.2 of the Wellington Park Management Plan 2013 (as amended October 2015) as the proposal, due to the clearance associated with the base station, associated bushfire hazard areas and towers 1 and 2, does not avoid or sufficiently remedy the loss of swift parrot habitat values and therefore results in a long-term impact on vegetation values.

 

11.    The proposal does not meet the acceptable solution or performance criteria with respect to section 8.5.7, Issue 2, P2.3 of the Wellington Park Management Plan 2013 (as amended October 2015) as the proposal does not avoid or sufficiently remedy adverse impacts on the geoheritage values of geoconservation sites: Organ Pipes Columnar Jointing and Wellington Range Periglacial Terrain as listed under the Tasmanian Geoconservation Database.

 

12.    The proposal does not meet the acceptable solution or performance criteria with respect to section 8.5.7, Issue 5, P5.1 of the Wellington Park Management Plan 2013 (as amended October 2015) as the proposal is not designed and sited to minimise or remedy the loss of visual values and impacts on visual character of the affected area that arise from the proposed cableway (including towers).

 

13.    The proposal does not meet the acceptable solution or performance criteria with respect to section 8.5.7, Issue 5, P5.2 of the Wellington Park Management Plan 2013 (as amended October 2015) as the proposal does not harmonise with the visual landscape and natural qualities of the site in terms of appearance and proportions.

 

 

 

 

 

 

14.    The proposal does not meet the acceptable solution or performance criteria with respect to section 8.5.7, Issue 6, P6.1 of the Wellington Park Management Plan 2013 (as amended October 2015) as the proposal will generate noise emissions that will have an adverse effect on the quiet enjoyment of the natural and cultural values of kunanyi/Mount Wellington and which are insufficiently remedied.

 

15.    The proposal does not meet the acceptable solution or performance criteria with respect to section S2.6, Issue 2, P2.3 of the Wellington Park Management Plan 2013 (as amended October 2015) as the proposal does not avoid or sufficiently remedy adverse impacts on the geoheritage values of geoconservation sites: Organ Pipes Columnar Jointing and Wellington Range Periglacial Terrain as listed under the Tasmanian Geoconservation Database.

 

16.    The proposal does not meet the acceptable solution or performance criteria with respect to section S2.6, Issue 5, P5.1 of the Wellington Park Management Plan 2013 (as amended October 2015) as the proposal does not sufficiently mitigate or remedy the loss of visual values and impacts on visual character of the affected area that arise from the proposed pinnacle centre.

 

17.    The proposal does not meet the acceptable solution or performance criteria with respect to section S2.6, Issue 6, P6.1 of the Wellington Park Management Plan 2013 (as amended October 2015) as the proposal is not supported by a geotechnical land instability report that sufficiently considers all risks to life and property that will be triggered by the development of the pinnacle centre.

 

18.    The proposal does not meet the acceptable solution or performance criteria with respect to section S2.6, Issue 9, P9.1 of the Wellington Park Management Plan 2013 (as amended October 2015) as the pinnacle centre will visually intrude into the landscape in relation to local and natural features and views from the Pinnacle area and elsewhere in the Park.

 

19.    The proposal does not meet the acceptable solution or performance criteria with respect to section S2.6, Issue 9, P9.2 of the Wellington Park Management Plan 2013 (as amended October 2015) as the pinnacle centre will cause visual intrusion.

 

 

 

20.    The proposal does not meet the acceptable solution or performance criteria with respect to section S2.6, Issue 10, P10.1 of the Wellington Park Management Plan 2013 (as amended October 2015) as the pinnacle centre will diminish the values of the site and has not been designed or sited sufficiently to remedy or mitigate the loss of visual values. 

 

21.    The proposal does not meet the acceptable solution or performance criteria with respect to section S2.6, Issue 11, P11.1 of the Wellington Park Management Plan 2013 (as amended October 2015) as the proposal will generate noise emissions that will have an adverse effect on the quiet enjoyment of the natural and cultural values of kunanyi/Mount Wellington and which are insufficiently remedied.

 

Attachment a:             Planner's report

Attachment b:             Biodiversity Referral - 12 July 2021 - Andy Welling

Attachment c:            Economic and Community Benefit Assessment Referral - 28 June 2021 - Ellen Witte

Attachment d:            Traffic Impact Assessment Referral - 08 July 2021 - Ross Mannering

Attachment e:             Engineering Assessment Referral - 09 July 2021 - Robert Casimaty

Attachment f:             Geotechnical Assessment Referral - 6 July 2021 - Bill Cromer

Attachment g:            Geoheritage Assessment Referral - 7 July 2021 - Mark Williams

Attachment h:            Noise Impact Assessment Referral - 7 July 2021 - Darren Tardio

Attachment i:              Visual Impact Assessment Referral - 11 July 2021 - Chris Goss

Attachment j:             PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Review Report (Supporting information)  

Attachment k:             PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - MWCC Masterplan (Supporting information)  

Attachment l:             PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Architectural Drawings (Supporting information)  

Attachment m:            PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Planning Assessments (Supporting information)  

Attachment n:            PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Engineering Drawings and Reports (Supporting information)  

Attachment o:            PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Aboriginal Heritage Assessment (Supporting information)  

Attachment p:             PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Traffic Impact Assessment (Supporting information)  

Attachment q:            PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Viewshed Mapping Methodology (Supporting information)  

Attachment r:            PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Visual Impact Assessments (Supporting information)  

Attachment s:             Images (Supporting information)  

Attachment t:             PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Biodiversity Assessments (Supporting information)  

Attachment u:            PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Economic Impact Report (Supporting information)  

Attachment v:             PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Community Benefit Analysis (Supporting information)  

Attachment w:            PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Bushfire Assessment 1 (Supporting information)  

Attachment x:             PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Bushfire Assessment 2 (Supporting information)  

Attachment y:             PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Geotechnical Assessments (Supporting information)  

Attachment z:             PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Geomorphology Impact Assessment (Supporting information)  

Attachment aa:          PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Acoustic Assessments (Supporting information)  

Attachment ab:          PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Odour Assessment (Supporting information)  

Attachment ac:          PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Contaminated Land Assessment (Supporting information)  

Attachment ad:          PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Title Documentation (Supporting information)  

Attachment ae:          PLN-19-345 - 100 PINNACLE ROAD MOUNT WELLINGTON TAS 7054 - Advertised Document - Tasnetwork Consent Letter (Supporting information)    


Item No. 2.1.1

Agenda (Open Portion)

Special Council Meeting - 27/7/2021

Page 21

ATTACHMENT a

 

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Item No. 2.1.1

Agenda (Open Portion)

Special Council Meeting - 27/7/2021

Page 138

ATTACHMENT b

 

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Item No. 2.1.1

Agenda (Open Portion)

Special Council Meeting - 27/7/2021

Page 161

ATTACHMENT c

 

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Item No. 2.1.1

Agenda (Open Portion)

Special Council Meeting - 27/7/2021

Page 193

ATTACHMENT d

 

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Item No. 2.1.1

Agenda (Open Portion)

Special Council Meeting - 27/7/2021

Page 208

ATTACHMENT e

 

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Item No. 2.1.1

Agenda (Open Portion)

Special Council Meeting - 27/7/2021

Page 225

ATTACHMENT f

 

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Item No. 2.1.1

Agenda (Open Portion)

Special Council Meeting - 27/7/2021

Page 235

ATTACHMENT g

 

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Item No. 2.1.1

Agenda (Open Portion)

Special Council Meeting - 27/7/2021

Page 241

ATTACHMENT h

 

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Item No. 2.1.1

Agenda (Open Portion)

Special Council Meeting - 27/7/2021

Page 306

ATTACHMENT i

 

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Agenda (Open Portion)

Special Council Meeting

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Agenda (Open Portion)

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27/7/2021