Agenda of Council Meeting - Monday, 6 December 2021

Agenda (Open Portion)

Council Meeting

Page 11

06/12/2021

Reports of Committees

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.

9.1 126-128 Brisbane Street, Hobart - Alterations to Carpark

PLN-21-353 - File Ref: F21/117542

Ref: Open CPC 7.1.2, 29/11/2021

Application Expiry Date: 12 December 2021

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for alterations to carpark at 126–128 Brisbane Street, Hobart TAS 7000 for the reason that the requirements of clause 9.1.1 are met, the property has existing use rights 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 PLN-21-353 - 126-128 Brisbane Street Hobart TAS 7000 - Final Planning Documents except where modified below.

Reason for condition
To clarify the scope of the permit.

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 2021/00848-HCC dated 14/9/2021 as attached to the permit.

Reason for condition
To clarify the scope of the permit.

PLN 6

Except for office and administrative tasks, hours of operation for the approved use must be within 7:00 am to 7:00 pm.

Reason for condition
To ensure that non-residential use does not unreasonably impact on residential amenity

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, retaining wall ag drains and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first).

Advice:

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

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

ENG 3a

1. The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be designed and constructed in general accordance with Australian Standard AS/NZS2890.1:2004 (including the requirement for vehicle safety barriers and wheel stops where required).

2. The Detail Plan prepared by Lark and Creese dated 14/9/2021 is not approved.

3. The Carparking Plan prepared by Lark and Creese dated 12/11/2021 is approved and must be implemented within 90 days of the date of this permit. Implementation of the plan must include line marking and a reduction in the number of carparking spaces provided on the site from 24 to 23.

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, pre-existing 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 site-related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ADVICE

The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, by-laws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.

Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.

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.

LANDSCAPING

The applicant is encouraged to landscape the site to lessen the visual impacts of the sealed surface.

STORM WATER

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.

9.2 90-92 Murray Street, Hobart - Partial Demolition and Alterations

PLN-21-365 - File Ref: F21/118094

Ref: Open CPC 7.1.3, 29/11/2021

Application Expiry Date: 7 December 2021

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition and alterations at 90–92 Murray Street, Hobart TAS 7000 for the reason that the heritage standards in the Scheme are satisfied 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 PLN-21-365 - 90-92 Murray Street Hobart TAS 7000 - Final Planning Documents except where modified below.

Reason for condition
To clarify the scope of the permit.

THC

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 6582 dated 16 September 2021, as attached to the permit.

Reason for condition
To clarify the scope of the permit.

ENG sw1

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 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.

HER 9

A photographic record must be made of the sections of the building that are the subject of this application, and a high-resolution digital copy of this record must be provided to the City of Hobart prior to the commencement of any works.

For areas that will be affected by the works, the record must comprise:

(i) photographs to adequately record each interior space; and,

(ii) photographs of any building elements, details or finishes that may be of historical, archaeological or architectural interest; and,

(iii) cross referencing of all photographs to ‘as existing’ floor plans, showing the location and orientation of the camera.

Reason for condition
To ensure that demolition in whole or part of a heritage place does not result in the loss of historic cultural heritage knowledge.

HER 10

The new work must be designed and constructed in a way that minimises impacts to the historic fabric of the building, including historic ceiling linings, skylights, and joinery.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing design and construction 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 new work and demolition in whole or part of a heritage place does not result in the loss of historic cultural heritage values.

HER 11

1. The following items must be retained and displayed permanently and interpreted in a publicly accessible area:

· the historic safe in the managers office

· the timber staff lockers on the top floor.

2. An interpretation plan that references the history by Kathryn Evans (pp.1-22) attached to the Praxis report as well as all other relevant history relating to the Bidencope family and business must be prepared and implemented.

Prior to the issue of any approval under the Building Act 2016, revised plans and an interpretation plan must be submitted and approved as a Condition Endorsement showing the location of the above items and all relevant interpretation 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 development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER 12

Original and early fabric of the building must be protected and conserved.

Prior to the issue of any approval under the Building Act 2016, documentation must be submitted and approved as a Condition Endorsement which provides:

A schedule of all heritage fabric proposed to be removed or otherwise altered must be prepared, on a room-by-room basis. The schedule must:

(i) include details for the proposed relocation and reuse of the fabric to be removed or altered; and

(ii) must include provision for the permanent retention on-site of samples of early fabric representing the various phases of the site’s development; and

(iii) must refer to the Praxis Environment Conservation Planning Brief and the proposed work must be reviewed and supported by an appropriately qualified heritage consultant.

The schedule must be submitted to City of Hobart and must be to the satisfaction of the Cultural Heritage Unit, prior to the commencement of works.

All work required by this condition must be undertaken in accordance with the approved documentation.

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 development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER 13

A communication protocol must be developed and implemented to ensure that (i) all persons working on the site understand and appreciate the heritage values of the site and the obligations arising from (a) the place’s entry in Table E 13.1 and (b) this conditional approval; and.

(ii) This communication protocol must be submitted to and signed off by the Cultural Heritage Unit prior to the commencement of any works.

Reason for condition

To ensure that all persons working on site are aware of their obligations in respect to E 13 Hobart Interim Planning Scheme.

HER 14

All skylights must be retained.

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 3 major and all minor skylights 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 development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

HER 6

All onsite excavation and disturbance must be monitored. Should any features or deposits of an archaeological nature be discovered on the site during excavation or disturbance:

1. All excavation and/or disturbance must stop immediately; and

2. A qualified archaeologist must be engaged to attend the site and provide advice and assessment of the features and/or deposits discovered and make recommendations on further excavation and/or disturbance; and

3. All and any recommendations made by the archaeologist engaged in accordance with 2. above must be complied with in full; and

4. All features and/or deposits discovered must be reported to the Council with 3 days of the discovery; and

5. A copy of the archaeologist's advice, assessment and recommendations obtained in accordance with 2. above must be provided to Council within 30 days of receipt of the advice, assessment and recommendations.

Excavation and/or disturbance must not recommence unless and until approval is granted from the Council.

Reason for condition
To ensure that work is planned and implemented in a manner that seeks to understand, retain, protect, preserve and manage significant archaeological evidence.

HER 17a

The window frame and cladding of the second floor highlight windows must use colours, materials and finishes that reflect the palette of colours, materials and finishes of the place.

Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing all exterior colours, materials and finishes in accordance with the above requirement.

All work required by this condition must be undertaken in accordance with the approved 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 development at a heritage place is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.

ADVICE

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 or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

You may require a road closure permit for construction or special event. 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.

BUILDING ACCESSIBILITY

The applicant is encouraged to do all works necessary on the ground floor and adjacent land to remove the initial step into the building and enable it to be fully accessible. These further works are likely to require further planning permission.

STORM WATER
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.

CBD AND HIGH VOLUME FOOTPATH CLOSURES

Please note that the City of Hobart does not support the extended closure of public footpaths or roads to facilitate construction on adjacent land.

It is the developer's responsibility to ensure that the proposal as designed can be constructed without reliance on such extended closures.

In special cases, where it can be demonstrated that closure of footpaths in the CBD and/or other high volume footpaths can occur for extended periods without unreasonable impact on other businesses or the general public, such closures may only be approved by the full Council.

For more information about this requirement please contact the Council's Traffic Engineering Unit on 6238 2804.

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.

WORK PLACE HEALTH AND SAFETY

Appropriate occupational health and safety measures must be employed during the works to minimise direct human exposure to potentially-contaminated soil, water, dust and vapours. Click here for more information.

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.

9.3 11 Valley Street, West Hobart - Dwelling

PLN-21-314 - File Ref: F21/117505

Ref: Open CPC 7.1.5, 29/11/2021

Application Expiry Date: 28 November 2021

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for a dwelling at 11 Valley Street West Hobart TAS 7000 for the reasons outlined in the officer’s report attached to item 7.1.5 of the Open City Planning Committee agenda of 29 November 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 PLN21314 11 VALLEY STREET WEST HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN s1

Windows W09 and W10 must have fixed obscure glazing extending to a height of at least 1.7m above the finished floor level.

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.

ENG sw1

All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first).

Natural runoff from the undeveloped upslope catchment must be safely conveyed through the site without causing any nuisance to thirdparty land by concentrating or relocating the flows.

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.

Council notes that the private plumbing and landscaping design should take the natural runoff and groundwater into consideration, to avoid damage and nuisance to the development.

Council also notes the SW corner of the lot has been modelled as an overland flow path, and any future works in this area (including alteration of ground level or fall) may require approval by Council's stormwater unit.

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 must be installed.

A stormwater management report and 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:

· 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;

· the layout, the inlet and outlet (including long section), outlet size, overflow mechanism and invert level;

· the discharge rates and emptying times; and

· 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 3b

The access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) design must be submitted and approved as a Condition Endorsement, prior to the commencement of work, issuing of any approval under the Building Act 2016.

The access driveway, circulation roadways, ramps and parking module

(parking spaces, aisles and manoeuvring area) design must:

1. Be prepared and certified by a suitably qualified engineer,

2. Be generally in accordance with the Australian Standard AS/NZS 2890.1:2004 including the required minimum headroom,

3. Where the design deviates from AS/NZS 2890.1:2004 the designer must demonstrate that the design will provide a safe and efficient access, and enable safe, easy and efficient use, and

4. Show dimensions, levels, gradients & transitions, and other details as Council deem necessary to satisfy the above requirement.

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.

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 access driveway, circulation roadways, ramps and parking module (parking spaces, aisles and manoeuvring area) must be constructed in accordance with the design drawings approved by Condition ENG 3b.

Prior to the first occupation / commencement of use, 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

The access driveway and parking module (car parking spaces, aisles and manoeuvring area) approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers or equivalent Council approved) and surface drained to the Council's stormwater infrastructure prior to the first occupation / commencement of use.

Reason for condition

To ensure the safety of users of the access driveway and parking module, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.

ENG 1

Any damage to council infrastructure resulting from the implementation of this permit, must, at the discretion of the Council:

1. Be met by the owner by way of reimbursement (cost of repair and reinstatement to be paid by the owner to the Council); or

2. Be repaired and reinstated by the owner to the satisfaction of the Council.

A photographic record of the Council's infrastructure adjacent to the subject site must be provided to the Council prior to any commencement of works.

A photographic record of the Council’s infrastructure (e.g. existing property service connection points, roads, buildings, stormwater, footpaths, driveway crossovers and nature strips, including if any, preexisting damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.

Reason for condition

To ensure that any of the Council's infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

ENV 2

Sediment and erosion control measures, sufficient to prevent sediment leaving the site and in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.

A SWMP must be submitted as a Condition Endorsement prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.

All work required by this condition must be undertaken in accordance with the approved SWMP.

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 avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.

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 or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.

You may require an occupational license for structures in the Hobart City Council highway reservation, in accordance with conditions to be established by the Council. Click here for more information.

You may require a road closure permit for construction or special event. 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

Click here for dial before you dig information.

Motions of which notice has been given

IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015

The motion below has been submitted directly to the Council for consideration.

10. Town Hall Forum Booking - Gender Identity in Law - Impacts on Women, Children and Transgender People - Balancing the Conversation

File Ref: F21/111821; 13-1-9

Councillor Fox

Motion

“That:

1. Council decline to accept the booking for the forum: Gender Identity in Law – Impacts on Women, Children and Transgender People – Balancing the Conversation, in Hobart Town Hall on 26 February 2022. The forum does not align with City of Hobart strategies and policies on developing an inclusive community.

2. A report be provided in relation to the development of a policy with respect to the use of its venues by third party hirers which clearly articulates the types of events that are considered appropriate.”

Rationale:

“The Coalition for Biological Reality (CBR) have secured booking for the use of Hobart Town Hall on Saturday February 26 2022.

The CBR was founded as a private FaceBook Group in September 2020 in their words as response to the growing need for a coordinated response to transgender rights infringing upon the human rights of other vulnerable groups, most notably women and children.

The Gender Identity in Law – Impacts on Women, Children and Transgender People – Balancing the Conversation, states it aim is to balance the conversation about when the rights of people who identify as the opposite sex impacts on the rights of women and children. The Chairwoman of the event to Sally Grover CEO and Founder of Giggle, Key Note Speaker Senator Claire Chandler and other speakers as Pauley Johnston (Trans community member Coalition for Biological Reality), Professor Dianna Kenny (Psychologist and author of Dysphoria in children and young people), Associate Professor Holly Lawford-Smith (Political philosopher, University of Melbourne), Katherine Deves (Save Women’s Sport Australasia Lawyer) and Professor Patrick Parkinson (TC Bierne School of Law, University of Queensland).

The event speakers have a history of speaking on the issue of gender equality from a singular perspective. That is, that the rights of transgender people infringe on the rights of women and children. This approach can have the impact of alienating gender diverse people including transgender, non-binary and intersex people from participating in a conversation on balancing the conversation. This point is underlined by a number of written complaints to the City of Hobart about the event. These complaints, all from people who identify with the LGBTIQ communities, raise concerns that the event is sanctioned by the City of Hobart as it is being run at one of our venues. The complainants state the event has the potential to vilify and stigmatise trans and gender diverse members of our community, based on previous public statements by the guests speakers. The complainants also raised concerns that the event does not comply with City of Hobart strategic directions and policy documents; and is contrary to public demonstrations of support to LGBTIQ+ people such as through the display of the Rainbow community flag on Town Hall.

According to research undertaken by Rainbow Health Victoria (La Trobe University) trans and gender diverse people experience higher rates of anxiety, depression, psychological distress, self-harm and suicidality than their cisgender counterparts. These rates are directly attributable to social inequality and experiences of stigma and discrimination, which the event has the potential to do. (Research Matters: Trans and gender diverse health and wellbeing).

The event is not in line with either State Government or City of Hobart strategic documents on responding the needs of diverse communities, especially trans and gender diverse communities. The range of speakers support a singular view point, which is divisive, and has been criticised by academics as not aligning with current research and thinking. The issues they are raising are not reflective of the Tasmanian experience and the Tasmanian LGBTIQ+ community have indicated they feel the event is potentially harmful to trans and gender diverse people's mental health.

Tasmanian State Government Strategic Alignment

Whole of Government Framework for Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Tasmanians.

· Priority 1: Enhancing Access and Participation.

· Priority 2: Fostering Inclusion, Respect and Dignity

City of Hobart Strategic Alignment

Hobart: A community vision for our island capital:

Pillar 2 – Community inclusion, participation and belonging. We are an island capital city that is socially inclusive and coherently connected. Whose people are informed, safe, happy, healthy and resilient.

· 2.2 We celebrate our diversity and include each other in city life.

The Capital City Strategic Plan 2019-2029,

Outcome 2.2 Hobart is a place where diversity is celebrated and everyone can belong, and where people have opportunities to learn about one another and participate in city life.

Strategies

· 2.2.1 Support people from all backgrounds and life experiences to participate in Hobart life

· 2.2.3 Provide and support activities and programs that celebrate diversity to reduce social isolation and build social cohesion

Outcome 2.4 Hobart communities are safe and resilient, ensuring people can support one another and flourish in times of hardship.

Strategies

· 2.4.6 Deliver and support initiatives, activities and programs that build community resilience, wellbeing and safety.

Hobart: A city for all - Community Inclusion and Equity Framework.

The Framework flows directly from the Vision and Strategic Plan, with a focus on Pilar Two. The Framework recognises that we are to take an active leadership role in creating a city for all, and use a variety of activities, tools and methods to build inclusion and equity and reduce discrimination. These include:

Advocacy, drawing on close connections and expertise in community development to support Hobart communities have a voice on issues of importance to them.

Networking and Collaboration, we work collaboratively with a number of sector networking groups to respond to community issues as they arise and build community capacity.

Supporting wellbeing, we work to ensure that our facilities, spaces and programs support healthy movement, prevent disease, minimise harm and increase access to food.

Social inclusion Policy Statement.

In alignment with the Universal Declaration of Human Rights, the Council recognises the fundamental right of every individual to participate socially, culturally, economically, physically, spiritually and politically in society.

The Council acknowledges that each member of the community has their own set of strengths, skills and resources and that the contribution of these is of benefit to the whole community.

The Council recognises that not everyone’s experience of our community is the same. We acknowledge the systemic barriers within the built, social and information environment that prevent people from thriving and contributing to society. Barriers include lack of employment opportunities, poverty, low literacy and numeracy, ill health, intimate and family violence, inadequate support services, stigma and discrimination and lack of housing affordability. These are challenges which the Council is committed to addressing through advocacy, partnership and direct action.

Council commits to building social inclusion and actively reducing discrimination on the ground of any attribute listed under section 16 of the Anti-Discrimination Act 1998. The Council commits to social inclusion and compliance with relevant anti- discrimination legislation in all aspects of council operations including strategic planning, service delivery, communications and design and delivery of public spaces.”

Additionally, the event has highlighted a gap in the Council’s policy framework in that there is no guidance for the community or staff in relation to what types of events are appropriate or acceptable for the use of the Council’s venues for hire. It is important to provide this level of clarity to avoid situations such as this in the future.

Administration Response to Notice of Motion

Discussion

1. The Council received an application for the booking of the Town Hall Ballroom on 27 May 2021 for a ‘public forum’. The date of the event has subsequently been changed on two occasions due to the unavailability of speakers for the event as a result of COVID.

2. There is currently an absence of a policy position with respect to the use of the City’s venues for hire in respect to the types of events that are acceptable to occur in a City facility.

3. Planning in relation to the development of a policy has already commenced and has involved the conditions of hire being improved further based on the conditions for the use of Speakers Corner.

4. Any policy would provide clarity on the types of events that are acceptable in the City’s venue along with defining which types of events attract the community hire rate when compared to the commercial hire rate.

5. In July 2021, officers received complaints from the public regarding the event which were responded to recognising that the event may cause distress for some members of the community but making it clear that it was not a City of Hobart event and was not endorsed by the City.

6. Proceeding as proposed in the motion to not accept the booking may result in a complaint to Equal Opportunity Tasmania that Council has breached the Anti-Discrimination Act 1998 in cancelling the booking.

Strategic, Legislative and Policy Implications
Capital City Strategic Plan
Pillar:	2 – Community inclusion, participation and belonging.
Outcome:	2.2 Hobart is a place where diversity is celebrated and everyone can belong, and where people have opportunities to learn about one another and participate in city life. 2.4 Hobart communities are safe and resilient, ensuring people can support one another and flourish in times of hardship.
Strategy:	2.2.1 Support people from all backgrounds and life experiences to participate in Hobart life 2.2.3 Provide and support activities and programs that celebrate diversity to reduce social isolation and build social cohesion 2.4.6 Deliver and support initiatives, activities and programs that build community resilience, wellbeing and safety.
Legislation and Policy
Legislation:	Anti-Discrimination Act 1998
Policy:	N/A

Financial Implications

1. If the booking were to be cancelled the Council would forego the hire charges of $317.95.

The motion below has been submitted directly to the Council for consideration.

11. Review of Council Tree Compensation Policy

File Ref: F21/120501

Alderman Behrakis

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Rationale:

Recent news coverage, and subsequent correspondence has highlighted the issue of those developing housing in the Hobart municipality facing exorbitant fees for the necessary removal of trees, with one recent fee quoted at $60,000.

It is clearly apparent that this policy does not align with community expectations, and places an inordinate cost on those developing much needed housing in our City, with the burden of this cost falling on those who can least afford it, in the form of higher housing and rental prices.

Whilst it is absolutely necessary to have appropriate policies to protect and maintain important tree coverage, these policies must be balances against community expectations, as well as the need for the city to grow and adapt according to need. The current policy clearly does not.

Furthermore, when the policy for Council’s Tree Strategy was adopted, the report raised the potential legal risk involved, stating:

“To the best of our knowledge, Council’s ability to condition for monetary compensation for the removal of public trees hasn’t been tested in the Resource Management and Planning Appeal Tribunal.

The City’s Manager Development Compliance has been consulted and has identified that as this is a new condition that has not been tested there is a potential risk that the Council would be unable to defend the condition placed in a Planning Permit.”

It is necessary that we receive further clarification as to whether Council has he legal authority to demand such compensation in the first place, and to such an inordinate degree, before this matter is tested in the tribunal or legal system, potentially to great cost to council.

Administration Response to Notice of Motion

Discussion

1. The City of Hobart Street Tree Strategy 2017 (Section 7.4.3). requires that a compensation fee be charged when a public tree is approved for removal that is associated with a private development, at the discretion of the Chief Executive Officer.

2. The City of Hobart Tree Amenity Formula is based upon the City of Melbourne Tree Amenity formula and is a methodology commonly used across Australian Councils to calculate tree amenity. The formula was selected as it represents current best practice in the establishment of a value for these assets that allows this value to be incorporated into development proposals, designs and options that can avoid the removal of the asset and therefore the implication of the charge.

3. Notwithstanding that officers are of the view that the Policy does reflect best practice, the opportunity to review the Policy as a result of this motion is a sound approach.

Strategic, Legislative and Policy Implications
Capital City Strategic Plan
Pillar:	1 – Sense of Place 6 – Natural Environment
Outcome:	1.2 Hobart Cityscapes reflect
Strategy:
Legislation and Policy
Legislation:	Public Spaces By-Law Section 23
Policy:	City of Hobart Street Tree Strategy 2017 Section- 7.4.3 and Sections 7.1.3 To regulate application of the AS 4970, the City should impose, as a condition of approval, a bond for the protection of all public trees that may be impacted by a proposed development. The condition should note that failure to conduct works in accordance with AS 4970 will result in the loss of all or a portion of the bond. The size of the bond should be based on: · the estimated value of the tree (see Section 7.1.3); and · the cost of a replacement tree of an advanced size (say a 200L bagged tree or equivalent); · of a species that will attain the mature height expected from the tree · to be removed; and · Installed in line with the City’s planting procedures. In determining any discretion to allow removal of an established tree, the City should require replacement, as above, in a suitable location and/or remuneration for the value of the tree in accordance with the City of Hobart Tree Amenity Formula.

Financial Implications

1. Financial implications for the application of the Policy are minimal if proper and diligent planning incorporates the presence of Council assets and the design, placement and construction reflect the intention of the City of Hobart Street Tree Strategy to retain these essential community assets.

2. The fee for the destruction of a Council owned asset provides for the replacement and maintenance of trees to ensure no net loss of biodiversity, canopy and street scape in the City of Hobart.

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Meeting date: 20 September 2021
Raised by: Alderman Jeff Briscoe
Response Author: Mr Tim Short, Director Community Life
Topic: 2021 Hobart Christmas Pageant