Minutes
Open Portion
Monday, 6 September 2021
AT 5:00 pm
Council Chamber, Town Hall
This meeting of the Council was conducted 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.
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Minutes (Open Portion) Council Meeting |
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6/9/2021 |
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PRESENT, APOLOGIES AND LEAVE OF ABSENCE
3. Communication from the Chairman
4. Notification of Council Workshops
7. Consideration of Supplementary Items
8. Indications of Pecuniary and Conflicts of Interest
9. Council Acting as Planning Authority
Community, Culture and Events Committee
11. Community Commitments Final Endorsement
12. Tasmania's Own Market - Site Fees
Economic Development & Communications Committee
13. Business Events Tasmania Annual Funding Submission
14. Closed Portion of the Meeting
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Minutes (Open Portion) Council Meeting |
Page 4 |
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6/09/2021 |
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PRESENT:
The Lord Mayor Councillor A M Reynolds, Aldermen M Zucco, J R Briscoe, Dr P T Sexton, D C Thomas, Councillors W F Harvey, M S C Dutta, J Ewin, Dr Z E Sherlock and W N S Coats.
APOLOGIES:
Alderman S Behrakis.
LEAVE OF ABSENCE:
The Deputy Lord Mayor Councillor H Burnet.
Councillor Ewin joined the meeting at 5.01pm.
The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 23 August 2021, finds them to be a true record and recommends that they be taken as read and signed as a correct record.
Sherlock That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
The minutes were signed. |
Are there any items, which the meeting believes, should be transferred from this agenda to the closed agenda or from the closed agenda to the open agenda, in accordance with the procedures allowed under Section 15 of the Local Government (Meeting Procedures) Regulations 2015?
No items were transferred.
In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer reports that no Council workshops have been conducted since the last ordinary meeting of the Council.
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The Chief Executive Officer tabled a petition from Mr Peter Sibly of Enterprise Road, Sandy Bay, calling for the Council to initiate an amendment to the Hobart Interim Planning Scheme 2015 to rezone 21, 21B and part of 21A Enterprise Road, Sandy Bay from General Residential to Low Density Residential. There were 208 signatories to the petition.
Dutta
That the petition be received and noted and referred to the appropriate Committee. |
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MOTION CARRIED VOTING RECORD
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a Petition - Rezoning of 21, 21B and Part of 21A Enterprise Road,
Sandy Bay ⇨ |
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Council resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2015.
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.
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.
9.1 100 Pinnacle Road, Mount Wellington - New and Upgraded Shared Use and Mountain Bike Tracks and Associated Works PLN-21-302 - File Ref: F21/83773 Ref: Open CPC 7.1.2, 30/08/2021 Application Expiry Date: 7 September 2021 |
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That pursuant to the Hobart Interim
Planning Scheme 2015, the Council approve the application for new and upgraded shared use and
mountain bike
tracks and associated works, at 100 Pinnacle Road, Mount
Wellington 7054 for the reasons
outlined in the officer’s report attached to item 7.1.2 of the Open City
Planning Committee agenda of 30 August 2021 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 PLN21302 100
PINNACLE ROAD MOUNT WELLINGTON TAS 7054 Final Planning Documents except
where modified below. Reason for condition To clarify
the scope of the permit. ENV 8 Prior to the removal
of any tree with a diameter
at breast height of >700mm, the advice
of a suitably qualified person must be obtained with regard to the
impact on slope
stability. Any recommended advice with regard to
maintaining slope stability must be implemented. Reason for condition To protect
life, property and land, and to minimse the need for remedial works ENV 9 No works for
the ‘Rocky Wheel’n’ and
‘Free Wheel’n’ tracks
may encroach more than
10% into the
tree protection zones
of the following trees, as determined using Australian Standard AS 49702009 Protection of trees on
development sites, without
the prior written consent of the planning authority: · Trees with a diameter at breast height of >100cm in the areas mapped as
WOB or WRE in Figure
2 of the Natural
Values Assessment by Enviro
Dynamics (Rocky Wheelin’ MTB track) dated
July 2020. · Trees with a diameter at breast height of >70cm in the area mapped as
DOB in Figure
2 of the Natural Values
Assessment by EnviroDynamics (Rocky Wheelin’ MTB track) dated July 2020. · Trees identified as old growth trees in Figure 2 of the Natural ValuesAssessment by EnviroDynamics (Rocky Wheelin’ MTB track) dated July 2020.
Reason for condition To conserve
flora, fauna, geological values, and to protect natural processes. ENV 10 No works for
the ‘Skid Road’ and ‘Upper Luge’ tracks may encroach more than 10%
into the tree
protection zones of
the following trees,
as determined using Australian Standard AS 49702009 Protection of trees on development
sites, without the prior
written consent of the planning authority: · Trees with
a diameter at breast
height of >100cm. · Trees identified as large or old growth trees in Figure 2 of the Natural Values Assessment by
EnviroDynamics (Upper Luge MTB tracks) dated July
2020. · Blue gums (Eucalyptus globulus) with a diameter at breast height of >40cm.
Reason for condition To conserve
flora, fauna, geological values, and to protect natural processes. ENV 11
Clearing of native vegetation and soil disturbance must not exceed a 2m wide strip along the track route, except where associated with an approved borrow pit or where the vegetation has been assessed as an unacceptable safety risk for users of the track by a suitably qualified person using an accepted bestpractice assessment methodology (e.g. QTRA, VALID) but excluding those trees specified in conditions ENV 9 and ENV 10.
Reason for condition To conserve
flora, fauna, geological values, and to protect natural processes. ENV 12
Reason for condition To conserve flora, fauna, geological values, and to protect natural processes.
ENV 14 Coarse woody debris
must not be removed from
the Park. Reason for condition
To conserve flora, fauna, geological values, and to protect natural processes.
ENV 15 The individuals of holly (Ilex aquifolium) and forgetmenot (Myosotis sp.)
identified in the Natural Values Assessment by
EnviroDynamics (Rocky Wheelin’ MTB
track) and the
Natural Values Assessment by EnviroDynamics
(Upper Luge MTB
tracks) dated July
2020 must be
removed as part
of the construction works
and disposed of
to a waste disposal facility. Reason for condition To conserve
flora, fauna, geological values, and to protect natural processes. ENV 16 No soil is to be imported onto the site unless determined as being free of weed
propagules when tested in accordance with AS 4419 Soils for
Landscaping and Garden Use. Reason for condition To minimise
the spread of weeds. ENV 2 Prior to the commencement of works, a CEMP must be submitted and approved as a
Condition Endorsement. The CEMP must: · detail
the proposed construction methodology (particularly where works may have environmental
impacts); · identify all potential environmental impacts associated with the works
including (as relevant) noise, odours, air pollution, water pollution, land
contamination, erosion, land instability, changes to hydrology, habitat
degradation and impacts upon flora and fauna; and · include measures to adequately avoid or mitigate all identified
environmental risks. To be approved, the CEMP
must: · specify that works
will progress from the upslope ends of the tracks to the
downslope ends of the tracks; · include
measures to ensure
that works will
not encroach by
more than 10% into
the tree protection zones of the
trees specified in
conditions ENV 9 and ENV 10. · include soil and water
management measures, particularly near
watercourse crossings; · include measures to ensure the risk of rockfall is acceptable during
construction works, and following completion of the works; · include weed and pathogen
hygiene measures; and · include specifications that demonstrate compliance with environmental
conditions ENV 8, ENV 11, ENV 12, ENV 14, ENV 15, ENV 16, ENV s1, ENV s2 and ENV s3. Advice:
This condition requires further information to be
submitted as a Condition
Endorsement. Refer to the Condition Endorsement advice at the end
of this permit. Reason for condition To minimise the potential for environmental impacts from the construction works
ENV s1
If evidence of raptor nesting, swift parrot nesting or marsupial denning is
observed within
20m of the track alignment, work must stop immediately, and appropriate management measures, approved by the planning authority, must be implemented. Reason for condition To conserve
flora, fauna, geological values, and to protect natural processes. ENV s2 Between 10 and
14 months after
completion of each
track, a weed
audit must be carried out along the track alignment, and any identified weeds removed
and disposed of to a waste disposal facility. Reason for condition To conserve
flora, fauna, geological values, and to protect natural processes. ENV s3 The location, design
and rehabilitation of
any borrow pits,
must be approved by the planning authority prior to any
borrow pits being
constructed. Reason for condition To conserve
flora, fauna, geological values, and to protect natural processes.
ADVICE
Consideration be given to ways of managing the speed of mountain bikers entering O’Grady’s Falls Fire Trail from the new Free Wheel’n’ bike trail.
ADVICE The following advice is provided to you to assist in the implementation of the planning
permit that has been issued subject to the conditions above. The advice is not
exhaustive and you must inform yourself of any other legislation, bylaws, regulations,
codes or standards that will apply to your development under which you may need to obtain
an approval. Visit the Council's website for further information. Prior to any commencement of work on the site or commencement of use the following
additional permits/approval may be required from the Hobart City Council. CONDITION ENDORSEMENT If any condition requires that further documents are submitted and approved, you will
need to submit
the relevant documentation to satisfy the condition via the Condition
Endorsement Submission on Council's online services eplanning portal. Detailed instructions can be found here. A fee of 2% of the value of the works for new public
assets (stormwater infrastructure,
roads and related assets) will apply for the condition endorsement application.
Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Where building approval is also required, it is recommended that documentation for
condition endorsement be submitted well before submitting documentation for building
approval. Failure
to address condition endorsement requirements prior to submitting
for building approval may result in unexpected delays. COUNCIL RESERVES A permit
under the Public Spaces Bylaw will be required for these works. An application for a Permit
to Undertake Works can be made here. As part of the permit,
an Environmental Management and Communications Plan must be prepared to the satisfaction of the Director City Amenity. A template for the Environmental
Management and Communications Plan can be provided by the Open Space Planning
Team; call 03 6238 2488.
This plan must be made specific for the trackworks within
Wellington Park. 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. DIAL BEFORE
YOU DIG Click here for dial before you dig information. |
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Harvey That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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File Ref: F21/79117; 19/100-0001 Ref: Open CCEC 6.1, 26/08/2021 |
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That the Council endorse the partnership with the Tasmanian Museum and Art Gallery as detailed in the report marked as item 6.1 of the Open Community Culture and Events Committee agenda of 26 August 2021, to deliver the next iteration of the biennial Hobart Current program to be held in March 2023. |
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Harvey That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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11. Community Commitments Final Endorsement File Ref: F21/55183; 16/118 Ref: Open CCEC 6.2, 26/08/2021 |
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That the Council formally adopt the following six draft community commitments, marked as Attachments B – G respectively of the Open Community Culture and Events Committee agenda of 26 August 2021: (i) Community Safety Commitment 2021-23 (Attachment B) (ii) Equal Access Commitment 2021-23 (Attachment C) (iii) LGBTIQ+ Commitment 2021-23 (Attachment D) (iv) Multicultural Commitment 2021-23 (Attachment E) (v) Positive Ageing Commitment 2021-23 (Attachment F) (vi) Youth Commitment 2021-23 (Attachment G) |
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Harvey That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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12. Tasmania's Own Market - Site Fees File Ref: F21/81607 Ref: Open CCEC 6.3, 26/08/2021 |
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That the Council delegate to the Chief Executive Officer the authority to set fees and charges pursuant to section 22 of the Local Government Act 1993 for Tasmania’s Own Market for the remainder of the 2021-22 financial year. |
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EWIN That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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13. Business Events Tasmania Annual Funding Submission File Ref: F21/69951 Ref: Open EDCC 6.1, 26/08/2021 |
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That: 1. The Council provide funding of $109,355 to Business Events Tasmania which has been included in the Economic Development Budget Function of the 2021-22 Annual Plan. 2. The total funding provision be recorded in the ‘Grants, Assistance and Benefits provided’ section of the City of Hobart’s Annual Report. |
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Sexton That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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That the Council resolve by absolute 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:
· Minutes of a Closed Meeting · Leave of absence · Proposal for the Council to acquire land · Information of a Confidential nature
The following items were discussed:-
Item No. 1 Minutes of the last meeting of the Closed Portion of the Council Meeting Item No. 2 Communication from the Chairman Item No. 3 Leave of Absence Item No. 4 Consideration of supplementary Items to the agenda Item No. 5 Indications of pecuniary and conflicts of interest Item No. 6 Anglesea Street – Property Acquisition to Support Footpath Extension LG(MP)R 15(2)(f) and (g) Item No. 7 Intergovernmental Relations and Advocacy Framework LG(MP)R 15(2)(c)(ii)
Harvey That the recommendation be adopted. |
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MOTION CARRIED BY ABSOLUTE MAJORITY VOTING RECORD
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There being no further business the Open portion of the meeting closed at 5.35pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
20th DAY OF September 2021.
CHAIRMAN