Minutes
Open Portion
Monday, 11 October 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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11/10/2021 |
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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
9.4 51 Bay Road, New Town - Two Multiple Dwellings (One Existing, One New)
9.5. 315 Elizabeth Street, North Hobart - Partial Change of Use to Food Services
9.6. 327 Argyle Street, North Hobart - Partial Demolition, Alterations and Extension
Motions of which notice has been given
10. Parking Meters in the City
11. Plastic Waste Reduction Initiative - Hobart Waterfront Tourism Sector
Community, Culture and Events Committee
12. City of Hobart Grants Program - Annual Program 2021 Recommendations
Economic Development & Communications Committee
13. Antarctic Cities Project Completion
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Minutes (Open Portion) Council Meeting |
Page 5 |
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11/10/2021 |
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PRESENT:
The Lord Mayor Councillor A M Reynolds, the Deputy Lord Mayor Councillor H Burnet, Aldermen M Zucco, J R Briscoe, Dr P T Sexton, D C Thomas, Councillors W F Harvey, Alderman S Behrakis, Councillors M S C Dutta, J Fox, Dr Z E Sherlock and W N S Coats.
APOLOGIES:
Nil.
LEAVE OF ABSENCE:
Nil.
Councillor Fox joined the meeting at 5.02pm and was not present for items 1 and 2.
Alderman Behrakis left the meeting at 6.26pm, returning at 6.28pm and was not present for item 9.4.
Alderman Zucco left the meeting at 6.27pm after declaring an interest in item 9.5, returning at 6.37pm.
Alderman Briscoe left the meeting at 6.28pm, returning at 6.29pm.
Councillor Fox retired from the meeting at 7.15pm and was not present for the second and third votes pertaining to item 10 or items 11 to 14 inclusive.
The Lord Mayor, Councillor Reynolds left the meeting at 7.51pm after declaring an interest in item 12, returning at 7.53pm.
The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 20 September 2021, finds them to be a true record and recommends that they be taken as read and signed as a correct record.
Behrakis 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.
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The Lord Mayor reported that on Tuesday 21 September 2021, the CEO and Lord Mayor met with the Hon Elise Archer MP in her capacity as the Liberal Member for Clark. Discussed was:
· Doone Kennedy Hobart Aquatic Centre funding · Funding opportunities for the Kunanyi / Mount Wellington Pinnacle Road guard rail project · The Smart Bus Shelter Project for Clark · Social Food Service Delivery Regulation · Hobart development
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The Lord Mayor advised the Greater Hobart Strategic Partnership (Four Greater Hobart Mayors) met on 21 September 2021.
The following matters were considered:
· A discussion on bus stop infrastructure across Greater Hobart · An update on the launch of the Vision for Greater Hobart and the ongoing development of the Greater Hobart Metropolitan Plan. · A presentation from Communities Tasmania on social housing in Greater Hobart
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The Lord Mayor advised that on 8 October 2021, as part of LGAT, the Deputy Lord Mayor (as the Lord Mayors’ proxy) participated in a workshop of the General Management Committee about the State Government’s Local Government Reform Process.
The following matters were discussed: · An update on feedback from the Minister · Key risks for LGAT were identified and discussed · Arrangements for consultation with the sector
The GMC agreed that a Special General Meeting (with all Councils represented) be held on 4 November where the Minister for Local Government would present. LGAT will be
sending a letter to all Tasmanian Elected Representatives shortly providing a
summary of the process to date and outlining LGAT’s discussions with
the Minister. |
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.
Meeting date: 20 September 2021 |
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Raised by: Alderman Jeff Briscoe |
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Response Author: Kelly Grigsby |
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Topic: Public Question Time Questions |
Questions:
1. Is there a professional expectation by the City of Hobart (legal and or moral) or just politeness that questions asked by members of public are answered rather than just a response given?
2. Does the City of Hobart have a policy or policies to make sure that communication is professional and not contain legal threats as in the response to the questions asked as an example that was published in our agenda tonight?
3. Should there be a checking process to make sure the above is adhered to so as to avoid Code of Conduct complaints which is quite expensive to council?
Response:
The City has a number of documents that guide how staff communicate with the public including a Language Style Guide and Employee Code of Conduct. Every effort is made by staff to provide a response that is professional, meaningful and answers the questions asked. Depending on the level of detail or research required, some questions may be taken on notice rather than being responded to at a meeting to ensure the best, most fulsome answer is provided. It should be noted however, that there may be instances where a question cannot be answered in its entirety for confidentiality reasons.
Whilst in most cases questions asked during the Public Question Time forum are operationally focused and a response prepared by a member of staff, in some cases, questions are directed directly to elected members. In these instances it is a matter for the elected member as to how and when they respond to the questions.
Council Officers as a matter of course, provide guidance and advice to elected members in respect of elected member policies, conduct and communications with the public. It is a matter for the elected member as to how they act on such advice.
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The Chief Executive Officer tabled a petition from Mrs Rose Farrell of Sandy Bay, calling for the replacement of the bus shelter and bench seat at bus stop 11, Sandy Bay Road. There were 80 signatories to the petition. |
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a Replacement of Bus Shelter ⇨ |
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The Chief Executive Officer tabled a petition from Mr Edwin Johnstone of Battery Point calling for the Council to drop the maximum on street parking rate from $5.00 per hour to $3.00 per hour and that there are no further increases above CPI until a detailed report on the impacts of parking costs are published and consulted on. There were 3,784 signatories to the petition. |
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a Hobart Parking Petition ⇨ |
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The Chief Executive Officer tabled a petition from Ms Eileen Smith of West Hobart calling for compensation from the Council to the sum of $16,000, for the installation of a tree root barrier following damage to court number 17 at the Domain Tennis Centre. There were 128 signatories to the petition.
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a Domain Tennis Centre Tree Root Barrier ⇨ |
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Sherlock
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MOTION CARRIED VOTING RECORD
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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.
Elected member 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 Council has resolved to deal with.
The following interest was indicated:
1. Alderman Zucco – Item 9.5
2. Lord Mayor Councillor Reynolds – Item 12
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 Special Delegation to Determine Temporary Installations and Signage for the Arrival of the RSV Nuyina File Ref: F21/97879; PLN-21-638 Ref: Open CPC 7.1.1, 4/10/2021 |
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That pursuant to section 6(3) of the Land Use Planning and Approvals Act 1993 the Council delegate to the Director City Planning the functions and powers to approve the application PLN-21-638 for temporary installations and signage at 3 Argyle Street and lot 1 Franklin Wharf. |
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FOX That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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9.2 2 Sayer Crescent , 2A Sayer Crescent, 54 Marieville Esplanade and 52 Marieville Esplanade, Sandy Bay and Adjacent Road Reserve - Demolition, New Building for 14 Multiple Dwellings, and Associated Works pln-20-868 - File Ref: F21/98709 Ref: Open CPC 7.2.1, 4/10/2021 Application Expiry Date: 12 October 2021 |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for demolition, new building for 14 multiple dwellings, and associated works, including works within the road reserve, at 2 Sayer Crescent, 2A Sayer Crescent, 52 Marieville Esplanade, and 54 Marieville Esplanade; Sandy Bay and the adjacent road reserve for the following reasons:
(i) The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.1 A1 or P1 of the Hobart Interim Planning Scheme 2015 because the proposed site area per dwelling is less than 200sqm and the development does not contribute to a range of dwelling types and sizes appropriate to the locality, and does not provide for a specific accommodation need. (ii) The proposal does not meet the acceptable solution or the performance criterion with respect to clause 11.4.2 A3 or P3 of the Hobart Interim Planning Scheme 2015 because it is outside the prescribed building envelope and will cause an unreasonable loss of amenity by reduction in sunlight to a habitable room (other than a bedroom) of dwellings on adjoining lots, by overshadowing of the private open spaces of dwellings on adjoining lots, and by visual impacts cause by the apparent scale, bulk and proportions of the proposal when viewed from adjoining lots. |
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Harvey That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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9.3 66 Burnett Street, North Hobart - Extension to Previously Approved Development Including Eight Additional Multiple Dwellings File Ref: F21/98540 Ref: Open CPC 7.2.2, 4/10/2021 |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for an extension to a previously approved development including eight additional multiple dwellings at 66 Burnett Street, North Hobart 7000, on the basis that the scheme requirements are met including the performance criteria contained in E6.6.1, subject to the following conditions and restrictions:
GEN
TW
ENG s1 Increased bicycle parking that meets the requirements of the Australian Standard must be provided to the satisfaction of the Director City Planning.
Reason for condition
To ensure sufficient parking options are provided.
ENG sw1
All works must be undertaken and maintained in accordance with the submitted drawings. Reason for condition ENG 6
Advice: To ensure safe and efficient parking adequate to provide for the use.
ENG 1
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.
ENV s1
· concrete panel external walls; · bifold doors sufficient to allow complete or partial enclose of their balconies; · inoperable windows where practicable; · casement or awning windows, with good acoustic seals on the entire perimeter that are positively engaged when shut; · minimum 6/12/6 double glazing with laminated panes for all window and door glazing (excluding balconies); and, · minimum 6mm laminated glazing for all balcony glazing.
ADVICE
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 e-planning portal. Detailed instructions can be found here.
· 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.
BUILDING PERMIT
PLUMBING PERMIT
STORM WATER
FEES AND CHARGES
PARKING The applicant is encouraged to consider an online booking system for visitor parking.
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BEHRAKIS That the recommendation be adopted. |
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Amendment
Fox
That the following additional condition be included in the permit:
ENG s2 Prior to the issue of a Building Permit or, where no Building Permit is required, prior to the commencement of use the applicant or owner must make a financial contribution to the Council in lieu of parking for 13 spaces calculated as the cost of the land, plus the construction cost for 13 car parking spaces. Where “construction cost” per car park means the average cost of performing all earthworks, structures, access, drainage, pavement, kerbing, marking out, signage and landscaping work for each parking space and the proportionate area required for access and manoeuvring associated with the provision of car parking spaces in Council constructed car parks determined at the date of permit issue. Reason for condition To support the reasonable needs of the use by requiring a financial contribution in lieu of parking towards the cost of parking facilities planned in Lefroy Street. Advice The total costs associated with each car parking space will not exceed $30,000 per space for 13 car parking spaces. |
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The amendment was then withdrawn with the consent of the seconder.
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MOTION CARRIED VOTING RECORD
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9.4 51 Bay Road, New Town - Two Multiple Dwellings (One Existing, One New) PLN-21-182 - File Ref: F21/97838 Ref: Open CPC 7.2.3, 4/10/2021 Application Expiry Date: 12 October 2021 |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for two multiple dwellings (one existing, one new), at 51 Bay Road, New Town 7008 for the reasons outlined in the officer’s report attached to item 7.2.3 of the Open City Planning Committee agenda of 4 October 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 PLN21182 51 BAY ROAD NEW TOWN TAS 7008 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 2021/00465HCC dated 30/03/2021 as attached to the permit.
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 1.7m above surface level, must be installed and maintained along the northern side of the upper level deck prior to the first occupation.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing screening in accordance with the above requirement.
All work required by this condition must be undertaken in accordance with the approved revised plans.
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 provide reasonable opportunity for privacy for dwellings.
PLN s2
The upper level bedroom window in the northern elevation of the dwelling must be modified to reduce the potential for direct views to the habitable room windows of the adjacent property to the north.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing:
1. the upper level bedroom window in the northern elevation having a sill height of not less than 1.7m above the floor level or the application of fixed obscure glazing (with full details of such) extending to a height of not less than 1.7m above the floor level on this window.
All work required by this condition must be undertaken in accordance with the approved revised plans.
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 reduce the potential for privacy impact upon the adjoining property.
ENG sw1
Prior to first occupation or commencement of use (whichever occurs first), 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.
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 sw6
All stormwater from the proposed development (including hardstand runoff) must be discharged to the Council’s stormwater infrastructure with sufficient receiving capacity prior to first occupation. All costs associated with works required by this condition are to be met by the owner.
Design drawings and calculations of the proposed stormwater drainage and connections to the Council's stormwater infrastructure must be submitted and approved prior to the commencement of work.
All impervious areas which can be drained via gravity (including charged systems) must be drained via gravity. The pump system must be limited to capture stormwater only from areas which cannot be drained via gravity. All pump rising main discharges must occur to a private dispersion pit such that only gravity flow from the property to the Council stormwater connection occurs. The design drawings and calculations must:
1. prepared by a suitably qualified person; and 2. include long section(s)/levels and grades to the point of discharge; 3. address all requirement under the City guideline for " Private Stormwater Pumping System"
All work required by this condition must be undertaken in accordance with the approved design drawings and calculations.
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 ensure that stormwater from the site will be discharged to a suitable Council approved outlet.
SW 9
Prior to occupancy or the commencement of the approved use (whichever occurs first), stormwater detention for stormwater discharges from the development must be installed.
A stormwater design must be submitted and approved as a Condition Endorsement, prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first). The stormwater management report and design must be prepared by a suitably qualified engineer and must:
1. include detailed design and supporting calculations of the detention tank showing: (i) detention tank sizing such that there is no increase in flows from the developed site up to 5% AEP event and no worsening of flooding; (ii) the layout, the inlet and outlet (including long section), outlet size, overflow mechanism and invert level; (iii) the discharge rates and emptying times; and (iv) all assumptions must be clearly stated;
2. include a supporting maintenance plan, which specifies the required maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.
All work required by this condition must be undertaken and maintained in accordance with the approved stormwater management report and design.
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.
ENG 2a
Prior to first occupation or commencement of use (whichever occurs first), vehicular barriers compliant with the Australian Standard AS/NZS 1170.1:2002 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
Prior to first occupation or commencement of use (whichever occurs first), the circulation roadway (domestic driveway), and parking module (parking spaces, aisles, and manoeuvring area) must be designed and constructed in accordance with Australian Standard AS/NZS 2890.1:2004 (including the requirement for vehicle safety barriers and physical controls where required), or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.
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 3c
The circulation roadway (domestic driveway), and parking module (parking spaces, aisles, and manoeuvring area) must be constructed in accordance with the Planning DWG No B001 Rev 1, B101 Rev 1, B201 Rev 1, and H010 Rev 1.
Prior to first occupation or commencement of use (whichever occurs first), documentation by a suitably qualified engineer certifying that the access driveway and parking module has been constructed in accordance with the above drawings must be lodged with Council.
Advice:
Certification may be submitted to Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement)
Reason for condition
To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
ENG 4
Prior to first occupation or commencement of use (whichever occurs first), the circulation roadway (domestic driveway) and parking module (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 .
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 5
The number of car parking
spaces approved to be used on the site is Four (4).
Reason for condition
To ensure the provision of parking for the use is safe and efficient.
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.
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.
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.
STORMWATER
Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information.
FEES AND CHARGES
Click here for information on the Council's fees and charges.
DIAL BEFORE YOU DIG
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Briscoe That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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Alderman Zucco declared an interest in item 9.5 and left the meeting.
9.5 315 Elizabeth Street, North Hobart - Partial Change of Use to Food Services PLN-21-505 - File Ref: F21/97719 Ref: Open CPC 7.2.4, 4/10/2021 Application Expiry Date: 11 October 2021 |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial change of use to food services at 315 Elizabeth Street, North Hobart 7000 on the basis that the scheme requirements are met, including the performance criteria outlined in both clause 9.1.1 and clause 9.5, subject to the following conditions:
GEN
PLN 6
· 8:00am to 12:00 midnight, Monday - Saturday · 8:00am to 11:00pm, Sunday
· 8:00am to 6:00pm (8:00pm during daylight savings), Monday - Sunday
PLN s1
1. The hours of operation of the Rear Garden Area being confined to 8:00am to 6:00pm(8:00pm during daylight savings), Monday - Sunday; 2. Details of how any amplified music will be located and/or managed within the Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality; 3. Details of how any open fires, including fire pots, will be located and/or managed within the Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality; 4. Details of how any lighting will be located and/or managed within the Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality; 5. The side gate between the Rear Garden Area and the Right of Way to Elizabeth Street being closed after 6:00pm every day, with access to the venue after 6:00pm only being via the front door onto Elizabeth Street unless patrons are accompanied by a staff member; 6. The name/s and the phone number/s of the person/s responsible for the management of the operation of the Food Services use being provided, so that nearby residents have a 24 hour point of contact in relation to any complaints regarding the impact of the Rear Garden Area upon adjoining uses and the amenity of the locality. If the property is sold the Management Plan must be updated with new contact details; 7. The operators of the Food Services use actively managing the behaviour of patrons within the Rear Garden Area to minimise impacts upon adjoining uses and the amenity of the locality, including that the Rear Garden Area is staffed at all time while in use; and 8. That no parking will occur in the Rear Garden Area.
Advice:
ENG 5
ADVICE
CONDITION ENDORSEMENT
BUILDING PERMIT
RIGHT OF WAY
NOISE REGULATIONS
FEES AND CHARGES
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Sherlock That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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9.6 327 Argyle Street, North Hobart - Partial Demolition, Alterations and Extension PLN-21-348 - File Ref: F21/99077 Ref: Supplementary Open CPC 12, 4/10/2021 Application Expiry Date: 11 October 2021 |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations, and extension at 327 Argyle Street, North Hobart 7000 for the reasons outlined in the officer’s report attached to supplementary item 12 of the Open City Planning Committee agenda of 4 October 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 PLN21348 327 ARGYLE STREET NORTH HOBART TAS 7000 CPC Agenda Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
PLN 14
Noise emissions measured at the boundary of the site must not cause environmental harm.
Reason for the condition
To ensure noise emissions do not cause environmental harm and do not have an unreasonable impact on residential amenity.
PLN 17
Any external security lighting must operate in accordance with Australian Standard AS4282 Control of the obtrusive effects of outdoor lighting.
Reason for condition
To ensure that the nonresidential use does not unreasonably impact residential amenity.
PLN 6
The approved hours of operation are 10am to 10pm seven days a week.
Advice:
Hours of operation are defined as the hours that a use is open to the public or conducting activities related to the use, not including routine activities normally associated with opening and closing or office and administrative tasks.
Reason for condition
To ensure that nonresidential use does not unreasonably impact on residential amenity.
PLN 8
The proposed front fences and gates on the George Street and Argyle Street frontages must be no more than 1.8m in height above existing ground level.
Reason for condition
In the interest of the streetscape.
PLN s1
No outdoor seating or dining is approved by this permit.
Reason for condition
To clarify the scope of the permit.
PLN s2
The proposed storage shed must comply with the building envelope under Part D 11.4.2 Setbacks and building envelope for all dwellings of the Hobart Interim Planning Scheme 2015.
Reason for condition
To confirm compliance with the building envelope provisions.
PLN s3
Commercial vehicle movements, (including loading and unloading and garbage removal) to or from a site must be limited to 20 vehicle movements per day and be within the hours of:
(a) 7.00 am to 5.00 pm Mondays
to Fridays inclusive; (b) 9.00 am to 12 noon Saturdays; (c) nil on Sundays and Public Holidays.
Reason for condition
To ensure that the nonresidential use does not unreasonably impact residential amenity.
ENG sw1
All stormwater from the proposed development (including but not limited to: roofed areas 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 3a
The access driveway and delivery area (service and manoeuvring area) must be designed and constructed in general accordance with Australian Standard AS/NZS 2890.2:2002, or a Council approved alternate design certified by a suitably qualified engineer to provide a safe and efficient access, and enable safe, easy and efficient use.
Reason for condition
To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
ENG 3c
The access driveway and delivery area (service and manoeuvring area) must be constructed in accordance with the Hubble Traffic and Philp Lighton Architects documentation received by the Council on the 26th July 2021.
Prior to the commencement of use, documentation by a suitably qualified engineer certifying that the access driveway and delivery area has been constructed in accordance with the above drawings must be lodged with Council.
Advice:
Certification may be submitted to Council as part of the Building Act 2016 approval process or via condition endorsement (see general advice on how to obtain condition endorsement).
Reason for condition
To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
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.
HER 9
The chimney stack (not shown on plans) and fireplace below (as shown in drawing Level 2 Floor level Proposed DA300 Rev C, dated 16/07/21) on the southern part of the site must be retained as is and in situ.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing the retention of the chimney in accordance with the above requirement.
All work required by this condition must be undertaken in accordance with the approved revised plans.
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 ensure that demolition in whole or part of a building in a heritage precinct does not result in the loss of historic cultural heritage values.
HER 11
No unpainted brickwork is to be painted.
Reason for condition
To ensure that development 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
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.
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 for the occupation of the public highway for construction (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.
GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS
You may qualify for a General Exemption permit for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.
SECTION 52 OF THE LOCAL GOVERNMENT HIGHWAYS ACT 1982
Pursuant to Section 52 of the Local Government Highways Act 1982 no part of a window and/or door (gate) is to open onto or over the Council Road reservation.
RIGHT OF WAY
The private right of way must not be reduced, restricted or impeded in any way, and all beneficiaries must have complete and unrestricted access at all times.
You should inform yourself as to your rights and responsibilities in respect to the private right of way particularly reducing, restricting or impeding the right during and after construction.
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.
HERITAGE
It is suggested that the property be nominated as a Listed Place as per Table E 13.1 of the Hobart Interim Planning Scheme 2015. |
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Harvey That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015
10. Parking Meters in the City File Ref: F21/97448; 13-1-9 |
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Motion 1. That the Hobart City Council re-evaluate on street parking meters in Salamanca & the CBD business districts as per any impact that the meters may have either in general or the recent parking fee increases on the relevant business areas and a report be forthcoming. 2. That the CEO be provided delegated authority to consult with business owners & traders as per the current on street parking requirements and implement their needs as per signage and as part of the re-evaluation in accordance with Councils engagement/communications policy. 3. That the CEO also investigate the possibility of a “Shop and Save” incentive similar to “Victoria Gardens” whereby shoppers swipe their receipt and receive discounts on parking. 4. That the CEO also provide a report that evaluates the re-establishment of a “parking fund” similar to previous and prior to changes to the Local Government Act. a. This could be that the entire parking or a percentage being used for Parking & Park and Ride purposes rather than consolidated revenue. Rationale:
It is obvious that the current Covid 19 crises is affecting businesses and the general public in Hobart Tasmania with Salamanca and the CBD being impacted by the pandemic.
Understanding that the HCC has provided a range of business support under Covid there seems to also have been an impact due to the increasing cost of parking to shop in these areas.
Notwithstanding that it’s been noted that “other” capital cities parking is far more expensive than Hobart the issue is that the City of Hobart is surrounded by three well established Local Governments that boast free parking that is relative in close proximity to the Hobart CBD. Any comparisons must take into account the local situation and not compare what “other” far more lager Cities maybe charging.
It is evident that the recent increases in on street parking has impacted on businesses in these areas and that an evaluation and consultation with business is imperative and good customer service for the HCC
Traders have expressed their concerns and it’s been brought the attention of the HCC and an evaluation would demonstrate that the HCC is listening.
I have personally spoken to a vast number of traders who are frustrated and concerned.
My understanding is that on street parking meters were originally installed to encourage parking spaces are “turned over” rather than see valuable car parking being used for all day or extended parking.
It is my understanding that the “newly installed” sensors are able to detect any such over parking and based on that there is no other reason for on street car parking other than revenue that is used for other purposes than parking.
A reintroduction of a parking fund would see the reinvestment in this domain as the reality is its being paid for by those who use these services.
Providing the CEO the delegation to act and to provide a further report on a parking fund will demonstrate to the HCC “Customers” that the HCC is listening to issues that have been raised.
As per the parking incentives on shop and save through receipts that provide discounts on parking for say purchases over say $20 similar to “Victoria Gardens” I have suggested this in parking workshops for over 3 years without actions and now formally put this forward for consideration.
I urge elected members to support our businesses and traders as the CBD is the heart of the City and Salamanca an imperative component to help it beat. These are areas that provide huge rates for the general rate base and we must consider the ultimate benefits to the City with a vibrant business centre. |
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Zucco Briscoe That the motion be adopted. |
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Behrakis Briscoe
That Alderman Zucco be granted an additional two minutes to address the meeting. |
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MOTION CARRIED VOTING RECORD
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Zucco
That Councillor Sherlock be granted an additional one minute to address the meeting.
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MOTION CARRIED VOTING RECORD
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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That: 1. The Hobart City Council re-evaluate on street parking meters in Salamanca & the central business districts as per any impact that the meters may have either in general or the recent parking fee increases on the relevant business areas and a report be forthcoming.
2. The CEO be provided delegated authority to consult with business owners and traders as per the current on street parking requirements and implement their needs as per signage and as part of the re-evaluation in accordance with the Council’s engagement/communications policy. 3. The CEO also investigate the possibility of a “Shop and Save” incentive similar to “Victoria Gardens” whereby shoppers swipe their receipt and receive discounts on parking. 4. The CEO also provide a report that evaluates the re-establishment of a “parking fund” similar to previous and prior to changes to the Local Government Act. a. This could be that the entire parking or a percentage being used for Parking & Park and Ride purposes rather than consolidated revenue.
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11. Plastic Waste Reduction Initiative - Hobart Waterfront Tourism Sector File Ref: F21/91780 Ref: Open CIC 6.1, 22/09/2021 |
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That the Chief Executive Officer be authorised to explore collaborative opportunities to reduce the consumption of single use plastic water bottles within the Hobart waterfront precinct. |
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Behrakis That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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The Lord Mayor declared an interest in item 12 and left the meeting.
The Deputy Lord Mayor assumed the Chair.
12. City of Hobart Grants Program - Annual Program 2021 Recommendations File Ref: F21/90896; 20/69-0003 Ref: Open CCEC 6.2, 23/09/2021 |
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That: 1. The Council approve the following grants as listed to a total value of $395,000 under the 2021–22 City of Hobart Grants Program. (i) MCO215 Tasmanian Symphony Orchestra $25,000 (ii) MCO213 Tasmanian Museum and Art Gallery $35,000 (iii) MCO211 Theatre Royal $35,000 (iv) EP2113 Festival of Voices $85,000 (v) EP2104 Tasmanian Museum and Art Gallery $44,000 (vi) EP2105 Australian Antarctic Festival $60,000 (vii) EP2107
Australian Institute of Architects – $33,000 (viii) EP2109 Beaker Street $43,000 (ix) EP2101 Vandemonian Touring Pty Ltd $35,000 2. In accordance with the Grants Program Policy, the Council approve the unallocated amount of $5,000 to remain in the Creative Hobart Grant stream and be made available to the Creative Hobart Small and Medium grants. 3. The funding for the approved grants be attributed to the Grants and Assistance Accounts Budget Function provided in the City of Hobart’s 2021-22 Annual Plan. 4. The total grant provision be recorded in the ‘Grants, Assistance and Benefits provided’ section of the City of Hobart’s 2021-22 Annual Report. 5. The Council endorse the development of a City of Hobart events strategy with a draft to be provided to Council for endorsement before wider community engagement.
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Harvey That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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The Lord Mayor resumed the Chair.
13. Antarctic Cities Project Completion File Ref: F21/87765 Ref: Open EDCC 6.1, 23/09/2021 |
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That: 1. The Antarctic Cities Project Final Report as detailed in item 6.1 of the Open Economic Development and Communications Committee meeting of 23 September 2021 be noted. 2. The City of Hobart recognises the need for its role in supporting the Antarctic sector to broaden, arising as a result of the City Deal and recommendations made in the Antarctic Cities Project Final Report. 3. The City of Hobart commits to reconsidering and developing its strategic role in supporting Antarctica which may include: (i) Leading and driving discussions with the other Antarctic Gateway Cities of Cape Town, Christchurch, Punta Arenas and Ushuaia about how the cities may collaborate.
(ii) Supporting the Antarctic Youth Coalition to become a sustainable member organisation for young people across the gateway cities. (iii) Evaluating the changing nature of Hobart’s relationship with Antarctica and whether the term ‘custodian’ is more representative of this relationship than ‘gateway’. (iv) How the City will fulfil its role as a partner in the City Deal in delivering an Antarctic and Science Precinct at Macquarie Point. (v) How the City engages with other key stakeholders in the sector through bodies such as the Tasmanian Antarctic Gateway Advisory Committee. (vi) Reconsidering how the City engages with the community on Antarctic matters based on feedback through the two surveys conducted as part of the Antarctic Cities Project. (vii) Engage with the relevant State Government Minister to ascertain the governments further commitment to the Antarctic sector. 4. A report will be brought back to the Council highlighting proposals to more strategically align the City’s activities with respect to its link to Antarctica and the Antarctic industry in Tasmania. (i) The report to also include the financial implications associated with the proposal. |
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Sherlock 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 Close Meeting · Leave of Absence
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 |
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Behrakis That the recommendation be adopted. |
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MOTION
CARRIED BY
VOTING RECORD
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There being no further business the Open portion of the meeting closed at 8.04pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
25th DAY OF OCTOBER 2021.
CHAIRMAN