Minutes

Open Portion

Tuesday, 15 March 2022

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.


 

Minutes (Open Portion)

Council Meeting

Page 3

 

15/3/2022

 

 

 ORDER OF BUSINESS

 

PRESENT, APOLOGIES AND LEAVE OF ABSENCE

1.        Confirmation of Minutes. 4

2.        Transfer of Agenda Items. 5

3.        Communication from the Chairman. 5

4.        Notification of Council Workshops. 5

5.        Public Question Time. 5

6.        Petitions. 11

7.        Consideration of Supplementary Items. 11

8.        Indications of Pecuniary and Conflicts of Interest. 11

Reports of Committees. 12

City Planning Committee

9.        Council Acting as Planning Authority. 12

9.1     3/13 Wayne Avenue, Sandy Bay and Common Land Of Parent Title - Change of Use to Visitor Accommodation. 12

9.2     1/4 Sunvale Avenue, Sandy Bay and Common Land Of Parent Title - Partial Change of Use to Visitor Accommodation. 13

Motions of which notice has been given

10       UTAS Move to the City. 14

11       Battery Point Foreshore Walkway. 27

12       Applying Variable (Differential) Rates to Encourage Better Housing Options in Hobart 34

Community, Culture and Events Committee

13       Children's Mayor Program.. 43

14       Aboriginal Acknowledgement - Front of Town Hall 44

Economic Development & Communications Committee

15       The City of Hobart's Role in Supporting the Antarctic Sector 44

16       International Relations Update. 45

Special Report – Chief Executive Officer

17       Local Government Association of Tasmania General Meeting Motions. 46

18.     Closed Portion of the Meeting.. 47

 


 

Minutes (Open Portion)

Council Meeting

Page 22

 

15/03/2022

 

 

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, Councillor 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 Coats arrived at the meeting at 5.01pm

 

Councillor Fox arrived at the meeting at 5.05pm and was not present for items 1 to 5.1.3 inclusive.

 

Councillor Sherlock declared an interest in item 10 and left the meeting at 5.24pm, returning at 7.07pm.

 

Alderman Thomas left the meeting at 8.06pm, returning at 8.07pm.

 

Alderman Behrakis left the meeting at 8.21pm, returning at 8.22pm.

 

Alderman Sexton declared an interest in item 12 and left the meeting at 7.46pm, returning at 8.39pm.

 

 

1.       Confirmation of Minutes

 

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 28 February 2022, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

 

 

Burnet

Sherlock                                               That the recommendation be adopted.  

MOTION CARRIED

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Sherlock

 

Coats

 

 

The minutes were signed.

 

2.       Transfer of Agenda Items

 

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.

 

3.       Communication from the Chairman

 

No communication was received.

 

4.       Notification of Council Workshops

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.

 

5.       Public Question Time

5.1      Public Questions

 

 

 

5.1.1   Louise Bloomfield - Elizabeth Street Parklets

 

Ms Bloomfield put the following question which was taken on notice by the Lord Mayor.

The parklets installed in Elizabeth Street are a disgrace. Nearly 50% of the plant life is now dead and it looks DREADFUL.

I have pictures evidencing at 12:20pm both Thursday 10th March and Friday 11th of March, there is no-one using these areas.

WHEN are they going to be admitted as an utter failure for the area and be removed? The small businesses in the area are in desperate need of these parking spaces back.

 

5.1.2   Trenton Hoare - Elected Member Behaviour

 

Mr Hoare put the following question which was taken on notice by the Lord Mayor.

As an avid watcher of Council’s activities and a Hobart City constituent, I have been quite disgusted by the behaviour from some elected members in recent times, particularly from the male Alderman and Councillors. Behaviour such as shouting over the top of the Chair within the Chamber when they have made a ruling, and condescending comments towards the Chair and/or other elected members are just a few I would like to highlight.

Appallingly, the victims of this horrific behaviour are the female elected members. As a constituent, I find this incredibly disrespectful, especially when the Lord Mayor, Deputy Lord Mayor, and the CEO of the Hobart City Council are women, powerful women. So my question is, how is Council retaining and enforcing respectful workplace culture within the Council Chamber?

Is it necessary for the male elected members of council to re-read Council’s respectful workplace policy and/or attend some personal development training regarding this issue?

 

5.1.3   Doug Cooper - Flags on Town Hall

 

Mr Cooper put the following question which was taken on notice by the Lord Mayor.

My question without notice is to the Lord Mayor.

Did you on the morning of the Saturday 26 February direct any staff to raise certain flags on the façade of the Town Hall on that day? And if so, why and with what authority? And if so, who else did you consult? And why did you not notify the Chief Executive Officer of your action?

 

5.1.4   Tammy Milne - UTas Relocation

 

Ms Milne put the following question which was taken on notice by the Lord Mayor.

My question is that as an alumni of the University of Tasmania and a person with a disability my struggles with basic access to the old out of date buildings was horrendous and I would not want anyone to have to go through the same physical difficulties I went through to access education at the highest level in Tasmania.

The move of UTas into the city will enable buildings to be purpose built according to today’s accessible building codes giving people with disabilities equitable access to higher education. There are other benefits as well to this move, both financial and physical that will reintroduce university to the city as it was in the past. Look how well integrated existing campus life is in the city now with medicine, the arts and music already occupying space in the city.

It seems an emotional attachment to the old buildings is an irrational argument as to why the move should be curtailed, but is this argument really thinly veiling the real reason and that is of Sandy Bay residents concerned about their property values if a bunch of social housing is introduced to their suburb.

The benefits from where I sit in my wheelchair far outweigh the negatives, put simplistically there will be a stock of land available to build housing which is so greatly needed in the Hobart once UTas vacates the Sandy Bay Campus. There will be greater access for students like myself, people with disabilities.

So my question was will Hobart City Council facilitate a smooth transition for UTas to come to the city?

 

 

 

5.2      Responses to Public Questions

 

That the following responses to public questions taken on notice, be received and noted.

5.2.1 Elected Member’s Development and Support Policy – EV Charger

5.2.2 UTas Sandy Bay Campus Redevelopment

 

Burnet

Behrakis                                That the recommendation be adopted.

 

MOTION CARRIED

 

 

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Sherlock

 

Coats

 

 

 

 

 

Meeting date:             6 December 2021

 

Raised by:                  Ms Louise Elliot

Response Author:   Kelly Grigsby (CEO)

Topic:                          Elected Member's Development and Support Policy - EV Charger

 

Question:

 

Elected Member Development and Support Policy

The Elected Member Development and Support Policy clearly states that when elected members use their private vehicles for travel, that there are only two options available to them in terms of recouping costs. These two options are to seek reimbursement based on kilometre claims or the issuing of a fuel card with a maximum limit. There is no third option stating that elected members can charge electric vehicles from the Council’s power supply.

My questions on this topic relate to policy and the transparent recording of elected member benefits.

Can the Council please:

·    confirm that there are, as stated in the policy, only two methods currently available to elected members for travel costs made in private vehicles

·    advise who the request to install the electric vehicle charger on the Town Hall parking deck specifically originated from that was approved by the Director Smart and Sustainable Cities, noting that charger was later removed due to incompatibility issues at a cost of around $2,700

 

·    advise if the Council currently allows elected members and/or their family members to charge their electric vehicles without this being measured and recorded on the Town Hall parking deck or at any other Council-owned charging site  

·    advise if the Lord Mayor, Deputy Lord Mayor or any other elected members have been charging their electric vehicles from the Town Hall power supply and, if so, advise the dates on which this has occurred and where this benefit is being measured and recorded and

 

·    if the Council currently and/or intends in the future to provide the public with access to charge their electric vehicles at a Council-owned site without incurring any direct or associated cost for charging such as parking fee or threat of parking infringement such as by parking in a permit area.

 

Response:

Regulation 43 of the Local Government (General) Regulations 2015 provides that an elected representative is entitled to be reimbursed for reasonable expenses incurred as part of their elected duties.

 

The Elected Member Development and Support Policy provides greater clarity in regard to these entitlements.  Up until recently, the Policy provided for two options for local travel reimbursement for use of a private vehicle – the lodgement of a per kilometre claim or the use of a Council issued fuel card.

 

The Policy was last reviewed and adopted in November 2019, prior to the increased popularity of electric vehicles and the City installing publicly accessible car charging bays. It was therefore reasonable for the Council to include provision for electric vehicle charging in an updated version of the policy, which occurred with Council approval on 15 February 2022.

 

The charging station installed on the Town Hall parking deck in the elected member parking area was installed as part of a broader installation program.

After installation, this charger was found to be inconsistent with a type of electric vehicle (imported from Japan) that has become popular in Hobart. Once the issue of charger universality was apparent, it was decided not to install more chargers on the parking deck until the situation was resolved.

 

The charger was replaced with a low-cost, single-phase plug. Use of this single-phase power plug cannot be measured, so there are no records as to who has utilised it, when or for what purpose.

 

It is anticipated that once a universal solution is identified, the program will again be rolled out on the Town Hall parking deck and that power consumption could be measured or charged for, in a similar fashion to the charging station in Dunn Place where a cost applies to utilise the associated parking bay and infringements are enforced when a breach of the parking rules occurs. 

 

 

 

Meeting date:             31 January 2022

 

Raised by:                  Mr Ben Lohberger

Response Author:   Kelly Grigsby (CEO)

Topic:                          UTAS Sandy Bay Campus Redevelopment

 

Question:

 

Can the Hobart City Council please release the confidential two-page briefing note about UTAS that it has sent to all Aldermen and Councillors, which reveals the Council is "keen to collaborate" with UTAS on its proposal to redevelop the Sandy Bay campus?

 

Can the Council please explain how it can secretly collaborate with a property developer while also operating as the planning authority that will shortly be considering planning applications from the same property developer?

 

A number of HCC Aldermen/Councillors have a current financial association with UTAS, or a historical financial association during the past decade. Can those elected members please reveal their current and/or historical financial links to UTAS, and clarify whether they will exclude themselves from deliberations on UTAS proposals?

 

 

Response:

 

The two-page briefing note that was given to the elected members was provided as a ‘starting point’ to help guide the City of Hobart’s approach to the impending redevelopment of the UTas Sandy Bay campus.  The briefing note identified the issues and opportunities of a significant urban renewal project.  Furthermore, the Council resolved to adopt to provide a submission to UTas in response to the redevelopment of their Sandy Bay campus; a copy of the submission can be found at www.hobartcity.com.au/files/assets/public/projects/projects/city-of-hobart-submission-sandy-bay-utas-redevelopment.pdf.

 

It is incumbent on the Council to work with property owners on any planning scheme amendment that is being formulated, more so when significant land holdings are involved.  To suggest this is somehow secretive ignores the role of the Council as planning authority. 

 

Council officers provide planning advice on a regular basis, both before proposals are finalised and naturally after, when applications are formally lodged for consideration by the elected members. 

 

Ultimately, any application when finalised and the qualified advice from Council officers on the merits or otherwise of an application, is provided on the public record.  Furthermore the determination of the application by elected members is conducted in open Council.  There is also opportunity for members of the public to provide a representation on the merits or otherwise of the proposal when amendments are publicly notified. 

 

Finally, it is important to understand that the ultimate decision to approve or refuse a planning scheme amendment that has been publically notified, is not made by the Council but rather by the Tasmanian Planning Commission which also affords hearings for representors and proponents to expand on their written submissions and application before finalising its decision.

 

It is a matter for each individual elected member to determine whether they have an actual, potential or perceived conflict of interest in a matter when it comes before the Council.

 

6.       Petitions

 

No petitions were received.

 

 

 

7.       Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

RECOMMENDATION

 

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.

 

 

8.       Indications of Pecuniary and Conflicts of Interest

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

 

Elected Members are requested to indicate where they may have any pecuniary or 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.

 

No interest was indicated.


 

 Reports of Committees

 

City Planning Committee

 

9.       Council Acting as Planning Authority

 

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

 

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

 

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

 

9.1      3/13 Wayne Avenue, Sandy Bay and Common Land Of Parent Title - Change of Use to Visitor Accommodation

            pln-22-46 - File Ref: F22/19042

Ref:    Open CPC 7.1.1, 7/03/2022

Application Expiry Date: 22 March 2022

 

Harvey

Fox                                                                                                                                

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for a change of use to visitor accommodation, at 3/13 Wayne Avenue, Sandy Bay 7005 on the basis that it is contrary to clause 3.1(e) P2 (a) to (f) of Planning Directive 6.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Zucco

Deputy Lord Mayor Burnet

Briscoe

Sexton

Thomas

Harvey

Behrakis

Dutta

Coats

Fox

 

Sherlock

 

 

 

9.2      1/4 Sunvale Avenue, Sandy Bay and Common Land Of Parent Title - Partial Change of Use to Visitor Accommodation

            PLN-21-782 - File Ref: F22/19303

Ref:    Open CPC 7.1.2, 7/03/2022

Application Expiry Date: 28 April 2022

 

Harvey

Fox

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for a change of use to visitor accommodation, at 1/4 Sunvale Avenue, Sandy Bay 7005 on the basis that it is contrary to clause 3.1(e) P2 (a) to (f) of Planning Directive 6.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Zucco

Deputy Lord Mayor Burnet

Briscoe

Sexton

Thomas

Harvey

Behrakis

Dutta

Coats

Fox

 

Sherlock

 


 

Councillor Sherlock declared an interest in item 10 and left the meeting at 5.24pm.

 

 

Motions of which notice has been given

 

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

 

10.      UTAS Move to the City

            File Ref: F22/20095

 

Alderman Briscoe

Motion

“That a report be provided to:

 

1.      Determine how independent inquiry can be instituted (or supported if say the State Parliament is of the mind to have a select committee or similar) to determine whether or not the UTAS’s move into the CBD and the conversion of the current Sandy Bay campus into a mixed use zone is for the benefit or otherwise of the residents, businesses, students and generally the community of greater Hobart.

 

          Following such an inquiry the Council determine whether or not to support the UTas move to the CBD.

 

2.      The report should suggest scope including the Terms of Reference of such an inquiry. These terms should at least include;

 

(i)      The consultation, the steps and decisions and reports that both the UTas and the City Council have currently taken to date from 2015

(ii)     Effect on amenity or otherwise on the residents of Sandy Bay and other inner city suburbs.

(iii)    Effect on the CBD businesses,

(iv)    Effect on traffic flow and parking in the CBD and in Sandy Bay and other inner city suburbs

(v)     The short and long term ramifications to the budget of the City

(vi)    The capital expenditure on infrastructure by the City Council that is required and over what period.

3.      The report should canvas how the inquiry should seek public submissions via correspondence or community meetings or by interview and/or an elector poll at the next council election.


 

 

 

Rationale:

 

Considerable disquiet and concern has being expressed in our community and in academic and business circles about UTAS’s ‘utopian’ plans. An independent comprehensive inquiry is required. The actual framework and terms of reference of such an inquiry and who does it justifies a report from council officers.

 

It may be that such an independent inquiry could be done by the City’s external auditors or the State Parliament via its select committee process. Both are options that are available but there could be more.

 

In the next few weeks there will be a public meeting that a significant citizens group will have petitioned the council to run and the council will need to prepare itself to be accountable to its residents.

 

The UTAS’s plan to totally relocate its Hobart campus to the CBD and converting its current Sandy Bay campus into a massive mixed use real estate development without any independent assessment of the benefits or otherwise to education, the economy to the City and the residents of greater Hobart could be considered to have all the hallmarks of a gigantic and unquantified risk to the reputation and the finances of the Hobart City Council and to the livelihood of its residents and businesses.

 

The university has its Antarctic & Marine Studies programs, medical, nursing, art and music already in various locations in the city. These seem logical and have been incremental moves over a long period of time with good justification. For example moving nursing from Launceston to the Domain to the refurbished old university buildings close to the RHH or the medical school co-locating with Menzies Centre or the Antarctic and Marine Studies close to the waterfront and the arts close to the theatres.

 

UTAS claims that it will spend $600 million in the CBD on new buildings and refurbishing its many purchased properties that were previously hospitality or retail businesses.

 

The quantum of expenditure may be correct but the resulting developments would exempt from rates due to the institution being classed as a charity. Whilst it has offered some ‘rates equivalent’ for 10 years, this will diminish to zero at the end of the period leaving the ratepayers to pick up the tab.

 

Major infrastructure upgrades alone on city owned assets such as roads and footpaths would cost the City many millions of dollars just for the proposed ‘greening of Melville St’ let alone other consequential expenditure (such as maintenance) required to do by the City. Where is the analysis to quantify, justify and budget for?


 

The sheer size of UTAS’s real estate proposal will have a massive effect on the CBD core businesses (particularly retail and hospitality) and as well on the suburb of Sandy Bay with an anticipated 2700 new residences. The largest real estate development in Hobart’s history with no independent assessment could be considered totally foolhardy and risky.

 

The City in its dealings with other large real estate developers do not rely on the developers own PR which seems to be the case here.

 

It is time to independently assess and model the effect on the traffic flow and congestion, parking, education, shopper visitation to the city, current CBD businesses in the CBD and Sandy Bay before it is inevitable that UTAS has achieved its purposes.

 

To leave a beautiful, leafy, well situated, spacious Campus at Sandy Bay to move a short walkable distance into the central business district is truly a courageous but possibly a decision that the City and its future residents may regret.

 

It is my view that the UTAS’s move is a financial one and the return from selling the real estate in Sandy Bay is the key underlying motive which would reap billions of dollars to the university but at what cost to the City? We need to know.

 

Administration Response to Notice of Motion

 

Discussion

 

The City of Hobart is currently preparing a Central Hobart Precinct Plan (CHPP).  The CHPP has a 20 year horizon and its objective is to provide a blueprint for development, investment and infrastructure for the central area of Hobart over the next 20 years.

 

Background studies for the plan identify that there are significant underutilised areas of land that will likely be developed over the life of the plan, including those currently owned by UTas which represent only around 2% of the area of the Hobart CBD.  The CHPP highlights that redevelopment in the whole CHPP area will result in the need for improvements to the public realm such as the provision of open space, planting of trees, and considers a range of issues such as future infrastructure provision including that required for traffic, parking, and more sustainable forms of transport.

 

The CHPP provides the framework to investigate impacts on Central Hobart and any potential need for public expenditure so that this can be planned and budgeted most appropriately.

 

The CHPP Discussion Paper was released for broad community and key stakeholder consultation from October to December 2021. Key propositions of relevance to the UTas move to the city are explored under City-shaping goal 1: A World Class Capital City, particularly – Idea 3: A place to learn and work; City-shaping goal 2: Public spaces to engage and enjoy; and City-shaping goal 4: Connected and accessible city.

 

Feedback on the Discussion Paper is currently being considered and a draft of the precincts plan being prepared.  The matters raised in the motion will be investigated for Central Hobart and presented to the Council in coming months.

 

Council will recall undertaking two major study tours (2016 & 2017) in conjunction with University of Tasmania representatives of European Cities including Freiburg, Cambridge and Bristol and attending two international conferences on University Cities that outlined the benefits of universities and their ability to drive innovation, economic development, and vitality in an imbedded city context as opposed to separate campus enclaves.   Endorsed recommendations resulting from these visits included the following

 

Council 6/2/2017

·    The Council participate in regular meetings with the University Council and pursue an amendment to the existing memorandum of understanding with the University of Tasmania that seeks to strengthen the strategic relationship between the parties and focus on:

(i)     Joint research initiatives, including the socio-economic impacts of the University’s move into the City and the movement of people in and around the City;

(ii)    Public realm improvements, and;

(iii)   City activation.

·    The development of the new vision for the City of Hobart involve extensive consultation with the University of Tasmania as well as other key stakeholders and acknowledge the importance of higher education in the City.

·    When contemplating a possible City Deal for the Greater Hobart region, the following be taken into consideration:

·    The City Deal be well thought through and recognise what it is hoping to achieve; identify the issues it is seeking to address; is well resourced with appropriate, qualified staff; has a strong leadership structure and appropriate communication and PR support, and involve regional cooperation as well as commitment from the State and Australian

·   

Council 2/10/2017

1.The Council note the learnings from the visit to Freiburg and Cambridge and  apply these in ongoing discussions with UTAS as well as the State Government with regard to a city deal for Hobart.

 

As part of the Hobart City Deal, a Metro Plan is being prepared as a whole-of-city spatial plan covering the metropolitan areas of Clarence, Glenorchy, Hobart and Kingborough to help guide future urban growth. It is aligned to and designed to assist in the delivery of the outcomes in the 2050 Vision for Greater Hobart.  The MetroPlan will ultimately consist of three documents:

-     30 Year Metropolitan Plan for Greater Hobart, supported by a;

-     Strategy for Growth and Change;

-     Detailed analysis and strategic spatial guidance on residential development; physical infrastructure and services; and economic development

-     Implementation Plan

-    

Extensive community consultation will occur on the Draft Metro Plan this calendar year.

 

The Council will also recall that it made a formal submission in October 2021 to UTAS’s stakeholder consultation process for the redevelopment of the Sandy Bay campus.  Council’s main conclusion was that the redevelopment of the site represents a remarkable city shaping opportunity to increase the city’s economic resilience and demonstrate a world leading example of sustainable urban renewal for which Hobart can be globally renowned. The City also sought to highlight several core principles and ideas for the site’s redevelopment to realise this potential, which include the following recommendations:

 

Positioning the redevelopment as a world leading model of sustainable, walkable urban renewal, which works as part of the larger picture of CBD and other urban renewal areas to reinforce the city’s reputation on the world stage and provide a vital building block into making Hobart one of the world’s great small cities.

 

Ensuring redevelopment is responsive to the site’s environmental and landscape values, and constraints such as bushfire and storm water flooding.

 

Providing a significant contribution of new housing to help address both the current housing crisis and a focus on new models of “missing middle” housing offering real alternatives to traditional fringe greenfield housing in the city.

 

Leveraging the site as an economic and innovation engine complementing Hobart CBD, including ideas like a “global centre of excellence” in an iconic Tasmanian field and a start-up hub.

 

To focus on its walkability and integration with existing and emerging means of transport and other infrastructure.

 

Negotiations for the implementation of the redevelopment need to address developer funding commitments that ensure the success of such key attributes as the quality of the public realm being delivered and key external connections.

 

Process for Considering the UTas Sandy Bay planning scheme amendment. UTAS Properties Pty Ltd has prepared and submitted an application for a planning scheme amendment to the Hobart Interim Planning Scheme 2015 under the former Section 33 provisions of the Land Use Planning and Approvals Act 1993. The site is currently zoned a Particular Purpose Zone (PPZ), specifically PPZ 3 - University of Tasmania (Sandy Bay Campus)) applying to the entire site. The intent of the application is to remove the PPZ and rezone the site to a mix of Inner Residential Zone, General Residential Zone, Recreation Zone, Urban Mixed Use Zone and a Particular Purpose Zone (Mount Nelson Ecotourism Neighbourhood) by creating a Specific Area Plan (SAP). It should be noted that the proposed SAP includes amendments to the provisions of the zones (when compared to the provisions of the zones in the Hobart Interim Planning Scheme 2015).

 

The proposed amendment is supported by a Masterplan and accompanying assessments, including:

 

·    Strategic Planning Report prepared by ERA planning consultants;

·    Community engagement summary;

·    Conservation Management Plan;

·    Heritage Impact Assessment;

·    Economic Market Demand Assessment;

·    Economic Impact Assessment;

·    Natural Values Ecological Assessment and Impact Assessment;

·    Traffic Impact Assessment;

·    Landscape + Township Visual Impact Assessment;

·    Aboriginal Heritage Assessment;

·    Transport Strategy;

·    Civil Engineering Report; and

·    Contamination Report.

·   

Council Officers, an independent planning consultant and other consultants have reviewed the application and supporting information and have sought further information which UTas are currently addressing. Once the further information is submitted, a comprehensive report will be provided to the Council, acting as a planning authority, for a decision whether or not to initiate an amendment to the planning scheme. If initiated the amendment will be publicly exhibited and any person can make a representation which is then considered again by Council.

 

An independent review, relatively broad ranging with regard to planning matters, will be made by the Tasmanian Planning Commission and must include a hearing if there are representations. The hearing provides the opportunity for anyone who has made a representation to make written and verbal submissions.  Such a process provides an independent inquiry into many of the matters of concern to the community.

 

 

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:

 Sense of Place

Outcome:

1.2     Hobart’s cityscape reflects the heritage, culture and natural environment that make it special.

 

Strategy:

1.2.2      Ensure City place-making planning and initiatives reflect community values and aspirations.

1.2.3      Undertake whole-of-city place making, with community participation.

1.2.5      Engage with the development sector, government and other stakeholders, such as the Macquarie Point Development Corporation and University of Tasmania, to ensure development project outcomes integrate with Hobart’s identity and the community vision.

Pillar:

7.      Built Environment

 

Outcome:

7.4    Community involvement and an understanding of future needs help guide changes to Hobart’s built environment.

 

Strategy:

7.4.2      Undertake whole-of-precinct planning for key growth areas of the city, in partnership with the Tasmanian government.

7.4.4      Work with the University of Tasmania on its transition to a city-centric campus model and, in particular, its impact on the public realm.

Legislation and Policy

Legislation:

Local Government Act 1993

Policy:

Rates Exemption – Charitable Purposes

 

 

 

 

Financial Implications

 

 

1.      The financial implications which arise from the motion are not possible to quantify at this stage.  Were Council to undertake a review or inquiry there would clearly be a cost which would be dependent on the scope of the review or inquiry.

2.      If it was to be conducted by a third party – i.e. the State Government, then the cost is unknown at this stage.

3.      The financial implications will be included as part of a substantive report on the matter.

 

Zucco

Briscoe

That pursuant to regulation 22(9) of the Local Government (Meeting Procedures) Regulations 2015 the Council suspend the operation of regulation 22 of the Local Government (Meeting Procedures) Regulations 2015.

 

MOTION LOST

VOTING RECORD

AYES

NOES

Zucco

Lord Mayor Reynolds

Briscoe

Deputy Lord Mayor Burnet

Thomas

Sexton

Behrakis

Harvey

Coats

Dutta

 

Fox

 

 

Briscoe

Coats

That the following revised motion be adopted and each clause be taken separately:

 

Motion:

 

Given the level of public concern that has been raised with elected members of the Hobart City Council, and given that the final decision will be made by the Tasmanian Planning Commission: 

 

That:

1.    The Council write to all members of the upper house to consider a select committee to inquire and determine whether or not the UTAS move into the CBD and the conversion of the current Sandy Bay campus into a mixed use zone is to the benefit or otherwise of the residents, businesses, students and the general community of greater Hobart and Tasmania.

2.    “A report be provided that addresses the following;

(i)        The consultation, the steps and decisions and reports that both the UTas and the City Council have taken to date from 2015

(ii)       Effect on amenity or otherwise on the residents of Sandy Bay and other inner city suburbs.

(iii)      Effect on the CBD businesses,

(iv)      Effect on traffic flow and parking in the CBD and in Sandy Bay and other inner city suburbs

(v)     The short and long term ramifications to the budget of the City

(vi)    The capital expenditure on infrastructure by the City Council that is required and over what period.

3.    Council write to UTAS seeking that the UTAS immediately initiate and undertake a Community engagement process similar to the Councils Community engagement framework and policy regarding the UTAS move into the CBD and the conversion of the current Sandy Bay campus

4.    The recent petition seeking a public meeting is dealt with as a matter of urgency

 

 

 

Zucco

Coats                                                                                                                          

That Alderman Briscoe be granted an additional three minutes to address the meeting.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

Zucco

Behrakis

That Councillor Harvey be granted an additional two minutes to address the meeting.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

 

 

Zucco

Dutta                                                                                                                           

That Alderman Behrakis be granted an additional two minutes to address the meeting.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

 

 

Behrakis

Dutta

That Alderman Thomas be granted an additional three minutes to address the meeting.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

 

Behrakis

Burnet

That Councillor Dutta be granted an additional three minutes to address the meeting.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

Dutta

Behrakis

That the Deputy Lord Mayor Councillor Burnet be granted an additional three minutes to address the meeting.

 

 

 

MOTION CARRIED

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

 

The Lord Mayor then put clause 1 of the motion.

 

MOTION LOST
CLAUSE ONE

VOTING RECORD

AYES

NOES

Zucco

Lord Mayor Reynolds

Briscoe

Deputy Lord Mayor Burnet

Dutta

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Fox

 

Coats

 

 

 

The Lord Mayor then put clause 2 of the motion.

 

MOTION CARRIED
CLAUSE TWO

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Harvey

Briscoe

Dutta

Sexton

Fox

Thomas

 

Behrakis

 

Coats

 

 

 

 

The Lord Mayor then put clause 3 of the motion.

 

MOTION CARRIED
CLAUSE THREE

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Harvey

Briscoe

 

Sexton

 

Thomas

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

The Lord Mayor then put clause 4 of the motion.

 

MOTION CARRIED
CLAUSE FOUR

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Coats

 

 

 

 

COUNCIL RESOLUTION:

 

Given the level of public concern that has been raised with elected members of the Hobart City Council, and given that the final decision will be made by the Tasmanian Planning Commission: 

That:

1.    A report be provided that addresses the following;

 

(i)        The consultation, the steps and decisions and reports that both the UTas and the City Council have taken to date from 2015.

(ii)       Effect on amenity or otherwise on the residents of Sandy Bay and other inner city suburbs.

(iii)      Effect on the CBD businesses.

(iv)      Effect on traffic flow and parking in the CBD and in Sandy Bay and other inner city suburbs.

(v)       The short and long term ramifications to the budget of the City.

(vi)      The capital expenditure on infrastructure by the City Council that is required and over what period.

2.    Council write to UTAS seeking that the UTAS immediately initiate and undertake a Community engagement process similar to the Councils Community engagement framework and policy regarding the UTAS move into the CBD and the conversion of the current Sandy Bay campus.

3.    The recent petition seeking a public meeting is dealt with as a matter of urgency.

 

Councillor Sherlock returned to the meeting at 7.07pm.

 

11.      Battery Point Foreshore Walkway

            File Ref: F22/20609

 

Councillor Dutta

Motion:

 

“NOTING the proposed development set out in the Sandy Bay UTAS master plan and the potential of up to 2,500 homes and new sporting facilities being built at this location, as part of a long-term plan, and

ACKNOWLEDGING that the Master Plan makes reference to increasing active transport, an e-bike or e-scooter scheme and a "green footbridge" etc.

I move that council seeks advice from the CEO on the best way for Council to revisit and recommit to the Battery Point river walkway.

For this advice to include:

1.    a summary of Council's most recent decisions;

2.    cost of undertaking a new design that would address and negate the concerns raised by the previous walkway design;

3.    the potential of including this design work in 2022/2023 budget estimates and;

4.    potential methods of raising funds for building the walkway via development contributions from the Sandy Bay redevelopment project and other sources.”

Rationale:

 

“This project had its genesis in the 1990's and it was competently and capably promoted/ advocated by Alderman Jeff Briscoe.

 

It was approved by the full council 11 vote to 1 and had very strong community support.

 

Unfortunately the Tasmania's Planning Appeal Tribunal ruled against the Council and in favour of the 11 residents who appealed and this project has been shelved for a number of years.

 

After the decision of the Tribunal Ald Jeff Briscoe stated that "It could be that we go back to the drawing board to do a redesign with a different application and if it takes more of my time, and aldermen's time, in the next week or so or year or so I think it's really important it fits in with the concept of a walkable accessible city,"

 

Clearly this statement suggests that council always had intentions to re visit this project and I believe this is the most opportune/appropriate time to do so.

 

Taking into account the proposed development set out in the UTAS master plan of the potential of 2500 homes, increase of population and traffic it would be expedient/timely to re visit the Battery Point walkway ("boardwalk") project.

 

In 2019 The Hobart City Deal was signed which has a 10 year partnership between the Australian and Tasmanian Governments, and the Hobart, Glenorchy, Clarence and Kingborough councils. It is understood that in the Deal is a commitment of $500,000 to progress the Battery Point Walkway.

 

It is widely acknowledged that there is a strategic missing link and the development of the Battery Point walkway will be a critical link.

 

The Battery Point Walkway can become an iconic feature of the city providing an alternative mode of active travel from Sandy Bay to the city.

 

References

https://www.visitbrisbane.com.au/information/articles/activities/brisbane-riverwalk?sc_lang=en-au

 

https://www.sunshinecoast.qld.gov.au/Experience-Sunshine-Coast/Pathways-tracks-and-trails/Coastal-Pathway

https://www.sunshinecoast.qld.gov.au/Council/News-Centre/New-Mooloolaba-boardwalk-open-for-walkers-and-runners-101218

 

https://www.newzealand.com/au/feature/new-plymouth-coastal-walkway/

 

https://www.randwick.nsw.gov.au/facilities-and-recreation/explore-randwick-city/coastal-walkway

 

http://www.parraparents.com.au/things-to-do/parramatta-river-escarpment-boardwalk/

 

https://concreteplayground.com/sydney/travel-leisure/barangaroo-foreshore-walk-now-spans-11-kilometres-from-woolloomooloo-to-the-anzac-bridge

 

https://www.bmd.com.au/projects/townsville-central-park-boardwalk/

https://www.mypacer.com/routes/32840/strand-boardwalk-jezzine-loop-trail-townsville-queensland-australia

 

https://www.kidsaboutcairns.com/trinity-inlet-waterfront-boardwalk/

 


 

 

Administration Response to Notice of Motion

 

Discussion

The City has a long held desire to improve walking and cycling accessibility throughout Hobart.

The notion of establishing a walkway to provide all purpose ‘at grade’ access around Battery Point from Sandy Bay to Sullivan’s Cove has been around for many years.

Concept design options were developed and considered by Council in 2008 with an extensive community engagement process undertaken in 2009.

 

Respondents were divided into two categories:

 

·    Battery Point residents living on or close to the waterfront, who are strongly opposed to any significant development or upgrading of access to the foreshore.

 

·    People from outside the immediate area (although several Battery Point residents did express support for improved access) who hold the view that the foreshore belongs to the entire community and upgraded public access, in the form of a walkway, should be provided.

 

The Council pressed on with the development of the concept and in 2011 considered a more detailed concept design comprising of 3 stages with an overall cost estimate of $5.3M.

 

The first stage (Marieville Esplanade to the Battery Point Slipways) had a cost estimate of $2.3M identified.  The design for the first section involved a 230m long separated cycle and pedestrian elevated accessway that returns to shared paths at each end and included a number of features to assist those living along the foreshore to gain access to the Derwent River with marine craft.  The Council agreed that the concept be the subject of further community engagement.

 

The Council proceeded to engage with the State Government and explore opportunities to secure external funding for the project.

 

The Council made a development application in relation to the Accessway on 18 June 2014.  The planning authority granted a permit in relation to that application on 13 October 2014.  An appeal was lodged with the Tribunal by various parties who had made representations in respect to the development application in late October 2014.

 

The appeal before the Tribunal was head from 23 March 2015 to 1 April 2015.  The decision of the Tribunal was made on 1 June 2015.  The Tribunal decided that the appeals should be upheld, and the development application for the Accessway be refused.

 

The Council decided not to appeal the decision.

 

Further detailed planning for the project has not been progressed in recent year, instead the identification of land based routes to improve accessibility from Marieville Esplanade to Sullivan’s Cover have been explored.

 

The Council has however maintained a notional funding allocation in its forward projections to revisit the design options for the walkway in the future.

 

 

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:

Pillar:  5:      Movement and connectivity

Outcome:

Outcome:  5.1    An accessible and connected city environment helps maintain                Hobart’s pace of life.

Strategy:

 

Strategy:   5.1.1     Improve connectivity throughout Hobart’s inner city and suburbs.

5.1.4      Ensure equal access is factored into transport and technology decision-making.

Outcome:  5.2      Hobart has effective and environmentally sustainable transport systems.

Strategy:   5.2.3   Develop, upgrade and maintain the City’s network of roads, bridges, cycleways, footpaths and walkways.

5.2.6   Increase the recognition of Hobart as a ‘walking city’, encouraging walking as a fundamental mode of transport.

5.2.7   Support and encourage more people to ride bicycles through the development of safe paths and streets, separated cycleways, end-of-journey facilities and related infrastructure.

Legislation and Policy

Legislation:

 

Policy:

As above.


 

 

Financial Implications

 

The preparation of the report would result in no specific financial implications over and above officer time.

 

 

Dutta

Briscoe

That the recommendation be adopted with each clause to be taken separately.

 

Amendment

 

Zucco

Coats

 

That clause 1 be amended to read as follows:

1.            a summary of Council's most recent decisions and associated costs;.

 

 

AMENDMENT CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Sherlock

 

Coats

 

 

 

 

The Lord Mayor then put the preamble of the motion.

 

MOTION CARRIED
PREAMBLE

 

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Zucco

Deputy Lord Mayor Burnet

Thomas

Briscoe

Behrakis

Sexton

Coats

Harvey

 

Dutta

 

Fox

 

Sherlock

 

 

 

 

The Lord Mayor then put clause 1 of the motion.

 

MOTION CARRIED
CLAUSE ONE

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Coats

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Sherlock

 

 

 

 

The Lord Mayor then put clause 2 of the motion.

 

MOTION CARRIED
CLAUSE TWO

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Zucco

Deputy Lord Mayor Burnet

Sexton

Briscoe

Thomas

Harvey

Behrakis

Dutta

Coats

Fox

 

Sherlock

 

 

 

The Lord Mayor then put clause 3 of the motion.

 

MOTION CARRIED
CLAUSE THREE

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Zucco

Deputy Lord Mayor Burnet

Sexton

Briscoe

Thomas

Harvey

Behrakis

Dutta

Coats

Fox

 

Sherlock

 

 

 

The Lord Mayor then put clause 4 of the motion.

 

MOTION CARRIED
CLAUSE FOUR

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Zucco

Deputy Lord Mayor Burnet

Sexton

Briscoe

Thomas

Harvey

Behrakis

Dutta

Coats

Fox

 

Sherlock

 

 

 

COUNCIL RESOLUTION:

 

NOTING the proposed development set out in the Sandy Bay UTAS master plan and the potential of up to 2,500 homes and new sporting facilities being built at this location, as part of a long-term plan, and

ACKNOWLEDGING that the Master Plan makes reference to increasing active transport, an e-bike or e-scooter scheme and a "green footbridge" etc.

I move that council seeks advice from the CEO on the best way for Council to revisit and recommit to the Battery Point river walkway.

For this advice to include:

1.    a summary of Council's most recent decisions and associated costs;

2.    cost of undertaking a new design that would address and negate the concerns raised by the previous walkway design;

3.    the potential of including this design work in 2022/2023 budget estimates and;

4.    potential methods of raising funds for building the walkway via development contributions from the Sandy Bay redevelopment project and other sources.

 

 

Alderman Sexton declared an interest in item 12 and left the meeting at 7.46pm.

 

12.      Applying Variable (Differential) Rates to Encourage Better Housing Options in Hobart

            File Ref: F22/21160; 13-1-09

 

Deputy Lord Mayor Councillor Burnet

Motion

 

“This motion looks to address some of the chronic housing shortage the City of Hobart is facing. Recognising both the social and economic implications of the current housing affordability crisis in Hobart,
That:

1.   An urgent report be prepared to determine appropriate variable (differential) rates for the following:

a.   Properties listed as whole house visitor accommodation that currently have rates based on the Assessed Annual Value as a residential property; and

b.   Vacant land zoned as Residential

2.   The report also provide advice on rates rebates and possible state government incentives for (new) residential properties approved and built as either the principle place of residence for the applicant, or that are tenanted through long-term rental.”

 

Rationale:

 

“There is a significant housing crisis in the municipality of Hobart, as noted by various reputable sources:

 

1)   There is a chronically low residential vacancy rate of 0.3%, according to the State government’s Housing Dashboard (p.23).

2)   The rental market is unaffordable for many, with high prices and low availability. The Real Estate Institute of Tasmania (REIT) recently stated that during 2021 housing prices in Greater Hobart went up by 25%: “In 2021, Greater Hobart house prices surged to $699,500 (up 24.9%), Launceston $491,000 (up 24.3%), and the North West Centres climbed to $399,000 (up 22.8%).

 

 

 

3)   Hobart’s average rental is the worst of any capital city, making living or continuing to live in Hobart out of reach for a growing number of people, including families, single people, and essential workers. According to SGS Economics Rental Affordability Index, “Hobart is the least affordable capital city in Australia for the average rental households of each city”.

Councils can act to both retain and increase residential housing stock. Under Part 9 of the Local Government Act (1993), local government authorities may set variable (differential) rates on identifiable properties.

 


 

Addressing Part 1(a) of the motion:

This rental affordability and housing crisis coincides with an increasing number of conversions of rental properties and whole homes to short stay visitor accommodation, as reported on p. 294 of the City Planning Committee agenda of February 7, 2022. In the 6 months July-December 2021, another 41 houses were converted to whole house visitor accommodation, adding to the overall total of almost 500 residential properties, as described in the following diagram taken from the report.

 

Currently there is no specific category set by the Valuer General for short stay visitor accommodation to be considered as a variable (differential) rate. Through the Local Government Association of Tasmania, the Break O’ Day Council is seeking endorsement for the Valuer General to create a specific category for holiday rental accommodation.

The report would investigate the benefits and/or effectiveness of applying this specific rate to whole house visitor accommodation residential properties in the Hobart municipality, in order to tackle the extremely restricted housing market in Hobart.

Addressing Part 1(b) of the motion:

There are vacant properties across the Hobart municipality which have been zoned “Residential”. Arguably, empty blocks in these residential zones should be developed for housing. Variable (differential) rates for land not developed can act as a disincentive for landowners to effectively leave land vacant for years.

 

 

The report would identify the number and location of these properties and their suitability on which to build various forms of housing. The report would determine what land is suitable for development and that which is inappropriate for various reasons, such as topography or ecological considerations.

The report would also describe ways to deter “land banking”.  Land which is sitting vacant that is allotted for housing should arguably be developed as homes for people, in this current economic climate.

 

Addressing Part 2 of the motion:

Sometimes incentives are used by all tiers of government as levers to stimulate activity, including development. Rates rebates can act as incentives for stimulating residential development for owner occupiers and commercial developers. There are examples where this is undertaken in other jurisdictions by rebates once housing is developed, such as the City of Charles Sturt in metropolitan Adelaide, and/or in some situations to deter land banking, seen in this example in the City of Adelaide.

 

The report would also investigate complementary incentives available to the State government that may help frame the best approaches to stimulating more residential properties for the Hobart market.

 

References

State Government Housing Dashboard data PowerPoint Presentation (communities.tas.gov.au) January 2022, p23

Real Estate Institute of Tasmania media release December 2021 https://reit.com.au/Portals/24/resources/media-releases/REIT%20DEC%202021%20QTY%20Report.pdf?ver=s94koGUGGM27TH77ZC6ItQ%3d%3d

SGS Economics Rental Affordability Index 2021 https://www.sgsep.com.au/assets/main/SGS-Economics-and-Planning_Rental-Affordability-Index-2021.pdf

Rates and Charges Part 9 of the Local Government Act of Tasmania (1993)

Example from the website of the City of Charles Sturt, South Australia residential construction rates rebate Residential Construction Rebate | City of Charles Sturt

City of Adelaide Land Rating Policy June 2021 City-of-Adelaide-Rating-Policy-8-June-2021.PDF (d31atr86jnqrq2.cloudfront.net) p8”

 

 

 

 

Administration Response to Notice of Motion

 

Discussion

 

1.   During the period 2013 - 2018 Council considered a number of discussion papers and reports on the matter of introducing a differential rate for vacant or unused residential housing accommodation and derelict or dilapidated buildings. 

2.   Council last considered a similar matter at its meeting on 18 June 2018, title ‘Tax for Vacant or Unused Residential Housing Accommodation’ whereat Council considered a possible tax for vacant or unused residential housing accommodation designed to address the shortage of rental accommodation and resolved that:

a.   The Council write to the Local Government Association of Tasmania to raise the issue more broadly with the sector.

b.   The Council write to the State Government requesting consideration be given or a vacant residential land tax similar to the Victoria model.

3.   Differentially rating vacant land is an option open to Council under section 107 of the Local Government Act 1993 (LG Act).

4.   At present Council uses a single rate, that is, the same rate in the dollar applied to all properties no matter what the land is being used for or where it is located. 

5.   As a result, properties classified as Vacant enjoy lower rates due to having lower valuations.  Vacant properties do not pay the Waste Management Service Charge or contribute to the Landfill Rehabilitation Levy.  There is, therefore, from a rating perspective, little incentive for the land to be developed or improved. 

6.   Vacant land is located throughout the municipality and while some can’t be developed or subdivided to its full potential or is located in bushland and rural areas usually environmentally sensitive with landscape value, high bushfire risk and limited services, the majority of the vacant land is classified with a land use of vacant – residential.

7.   Some councils in Australia apply a strategy of differentially rating vacant land.  That is, applying a different rate in the dollar for land classified as vacant from other land categories.  From a review of those councils the reasoning behind a vacant land differential is:

a.   To encourage development of vacant land – particularly for housing.

b.   To promote the development of all properties to their full potential thereby stimulating economic growth and development in all areas of the municipality.

c.   To discourage the holding of land.

d.   To ensure vacant land owners contribute an equitable share of the rate burden compared to other types of land owners.

 

8.   In early 2014, the Local Government (General) Regulations 2005 were amended to also allow councils to vary the general rates by the Valuer-General land use code i.e. property type.  This amendment increased the categories of land use that a council can differentially rate by providing more detailed land use categories. 

9.   However, while the City can identify properties used for visitor accommodation by other means, there is no property type of ‘visitor accommodation’ so currently, without an addition to the Valuer-General land use code to add ‘visitor accommodation’, Council could not differentially rate visitor accommodation under the LG Act. 

10. The City has commenced a process of reviewing its Rating and Valuation Strategy and more information will be provided to Elected Members on this in April 2022. 

11. It is therefore proposed that work on this matter form part of the City’s review of its Rating and Valuation Strategy.

 

 

Strategic, Legislative and Policy Implications

Capital City Strategic Plan

Pillar:

 

Outcome:

 

Strategy:

 

Legislation and Policy

Legislation:

 

Policy:

City of Hobart Rates and Charges Policy

Strategy:

City of Hobart Housing and Homelessness Strategy

 

Financial Implications

 

1.   Applying a differential rate will not affect the total amount of revenue Council collects in rates. 

 

2.   However, applying a higher differential to certain properties or land types will have a redistributive effect on the rate burden i.e. land owners paying a higher differential will pay more and all other ratepayers will pay less, albeit slightly less.

 

3.   There are no financial implications per se arising from this report as Council will only raise the amount of rates it requires in the budget each year.

 

 

 

Burnet

Fox

That the recommendation be adopted with clause 1 amended to read as follows:

 

1.   An urgent report be prepared to provide Council with advice it can use to determine if it is appropriate to seek approval to apply variable (differential) rates for the following:

a.   Properties listed as whole house visitor accommodation that currently have rates based on the Assessed Annual Value as a residential property; and

b.   Vacant land zoned as Residential

with each clause to be taken separately.

 

 

Behrakis

Coats

That Alderman Zucco be granted an additional two minutes to address the meeting.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Sherlock

 

Coats

 

 

 

Amendment

 

Zucco

Behrakis

 

That an additional clause be added to read as follows:

3.    That:

a.    The report also consider the use of the Arbitrage system for residential properties that are in turn used for short stay accommodation.

b.    Inconsideration to the deferential rate report consideration be given to the following: 

                           i.        Any individual who use their principle place of residence for short stay accommodation or home business will not be subject to any deferential rating.

                          ii.        Individuals or associated companies who own a residential property that is not their principle place of residence that is being used for short stay accommodation will be subject to a deferential rating.

                         iii.        Individuals who own a personal family holiday home “Defined as a shack” that use it from time to time for short stay accommodation will not be subject to a deferential rate

c.    If a deferential rate is struck the report consider the use of such funds to be used for the homeless and housing.

 

AMENDMENT LOST

VOTING RECORD

AYES

NOES

Zucco

Lord Mayor Reynolds

Briscoe

Deputy Lord Mayor Burnet

Thomas

Harvey

Behrakis

Dutta

Coats

Fox

 

Sherlock

 

 

 

Briscoe

Dutta                                                                                                                           

That Alderman Zucco be granted an additional three minutes to address the meeting.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Sherlock

 

Coats

 

 

 

Briscoe

Dutta

That Alderman Behrakis be granted an additional two minutes to address the meeting.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Sherlock

 

Coats

 

 

 

 

Motion

 

Behrakis

Zucco

That the vote for all clause 1a, 1b, and 2 be taken separately.

 

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Sherlock

 

Coats

 

 

 

 

 

The Lord Mayor then put clause 1(a) of the motion.

 

MOTION CARRIED
CLAUSE 1(a)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Behrakis

Deputy Lord Mayor Burnet

Coats

Zucco

 

Briscoe

 

Thomas

 

Harvey

 

Dutta

 

Fox

 

Sherlock

 

 

 

The Lord Mayor then put clause 1(b) of the motion.

 

MOTION CARRIED
CLAUSE 1(b)

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

Zucco

Deputy Lord Mayor Burnet

Briscoe

Thomas

Behrakis

Harvey

Coats

Dutta

 

Fox

 

Sherlock

 

 

 

The Lord Mayor then put clause 2 of the motion.

 

MOTION CARRIED
CLAUSE 2

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Sherlock

 

Coats

 

 

COUNCIL RESOLUTION:

 

This motion looks to address some of the chronic housing shortage the City of Hobart is facing. Recognising both the social and economic implications of the current housing affordability crisis in Hobart,

That:

1.   An urgent report be prepared to provide Council with advice it can use to determine if it is appropriate to seek approval to apply variable (differential) rates for the following:

a.   Properties listed as whole house visitor accommodation that currently have rates based on the Assessed Annual Value as a residential property; and

b.   Vacant land zoned as Residential

2.   The report also provide advice on rates rebates and possible State Government incentives for (new) residential properties approved and built as either the principle place of residence for the applicant, or that are tenanted through long-term rental or affordable housing rentals.

Alderman Sexton returned to the meeting at 8.39pm.

 

Community, Culture and Events Committee

 

13.      Children's Mayor Program

            File Ref: F22/11789; 16/118

Ref:    Open CCEC 6.1, 3/03/2022

 

That the Council endorse the continuation of the Children’s Mayor Program in 2022 and ongoing, on a similar basis to the 2021 program, with an annual budget of $1,000 to be included in the Community Planning and Coordinator budget function allocation.

 

Sherlock

Thomas                                                    That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Sherlock

 

Coats

 

 

14.      Aboriginal Acknowledgement - Front of Town Hall

            File Ref: F22/14315; 16/118

Ref:    Open CCEC 6.2, 3/03/2022

 

That Council approval be provided for the installation of the proposed Aboriginal Acknowledgement Project titled ‘I am Country’ by artist Caleb Nichols-Mansell in the gardens at the front of the Town Hall, subject to the works obtaining the required Planning Permit to enable the installation to proceed.

 

Sherlock

Harvey                                                    That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Sherlock

 

Coats

 

 

 

Economic Development & Communications Committee

 

15.      The City of Hobart's Role in Supporting the Antarctic Sector

            File Ref: F21/116306

Ref:    Open EDCC 6.1, 3/03/2022

 

That:   1.    The Council endorses the following actions to broaden its support for the Antarctic sector:

                   (i)      Discussions between the Mayors of Hobart and Christchurch take place in the first quarter of 2022 about how the Antarctic cities might collaborate further.

                   (ii)     The Council considers, as part of the budget process, an allocation of no more than $20,000 per annum to part fund a Hobart based Antarctic Youth Ambassador for two years commencing in 2022-23 (contingent on match funding from another stakeholder). Funding for this role to be included in the Economic Development Budget Function of the 2022-23 Annual Plan.

                   (iii)    The City continues to monitor what is needed to ensure meaningful participation in the City Deal and commits additional resources if required.

                   (iv)    Officers attend the Tasmanian Antarctic Gateway Advisory Committee meeting in March 2022 to discuss the concept of referring to Hobart as a ‘custodian’ rather than ‘gateway’.

                   (v)     The City continues to engage with Antarctic Tasmania and the relevant State Minister to discuss potential membership for the City of Hobart at the Tasmanian Antarctic Gateway Advisory Committee.

            2.    Information arising from enacting (i)-(v) above is included in the discussions and engagement required to develop the Antarctic content for the City’s new economic development strategy.

 

 

Thomas

Sherlock                                               That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Sherlock

 

Coats

 

 

 

 

 

16.      International Relations Update

            File Ref: F22/14267

Ref:    Open EDCC 6.2, 3/03/2022

 

That:   1.    Investigations into potential new relationships with cities Jiri in Nepal, Kochi in India and Incheon (South Korea) to be placed on hold and reviewed as soon as practicable after the 2022 Local Government elections.

            2.    Operational activities relating to existing international relationships to continue online. Officers to undertake local community-based engagement throughout 2022, with minimal to no additional budgetary requirements other than officer time.

            3.    The waste education program being considered for Balibó in Timor Leste, to be placed on hold and reviewed in September 2022.

 

Thomas

Sherlock                                               That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Sherlock

 

Coats

 

 

 

 

Special Report – Chief Executive Officer

 

17.      Local Government Association of Tasmania General Meeting Motions

            File Ref: F22/20620

 

That in accordance with Attachment A to item 17 of the Council Agenda of 15 March 2022, the Council endorse the following positions in respect to the motions, to be considered at the Local Government Association of Tasmania General Meeting to be held on Friday, 18 March 2022:

 

Motions In Support –

 

(i)      Derelict and Abandoned Buildings (Clarence City Council)

(ii)     Options for Differential Rating – Vacation Rental Properties (Break O’Day Council)

(iii)     Our Watch (Northern Midlands Council)

(iv)    Fringe Benefits Tax – Electric Vehicles (Brighton Council)

(v)     Fire Bunkers (Kingborough Council)

 

 

Burnet

Behrakis                                                That the recommendation be adopted.

 

MOTION CARRIED

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Sherlock

 

Coats

 

 

 

 

 

18.     Closed Portion of the Meeting

 

 

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:   

 

·         Confirm the minutes of the closed portion of the 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

 

 

Burnet

Behrakis                                                That the recommendation be adopted.

MOTION CARRIED BY ABSOLUTE MAJORITY

VOTING RECORD

AYES

NOES

Lord Mayor Reynolds

 

Deputy Lord Mayor Burnet

 

Zucco

 

Briscoe

 

Sexton

 

Thomas

 

Harvey

 

Behrakis

 

Dutta

 

Fox

 

Sherlock

 

Coats

 

 

 

 

 

The Chairperson adjourned the meeting at 7.00pm for a comfort break.

 

The meeting was reconvened at 7.07pm.

 

Item 11 was then taken.

 

 

There being no further business the Open portion of the meeting closed at 8.49pm.

 

 

 

 

 

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
28th DAY OF March 2022.

CHAIRMAN