Minutes (Open Portion)

Council Meeting

Page 2

3/9/2018

Minutes (Open Portion)

Council Meeting

Page 3

3/09/2018

The Chairman reports that he has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 20 August 2018, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Sexton

Ruzicka                                                          That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

The Lord Mayor attended the Rotary Club of Hobart Charity Art Show Luncheon on Thursday 30 August 2018. He was presented with a certificate and bottle of GlenAyr Pinot Noir in appreciation of Council’s funding through the Community Small Grants Program.

Mr Lohberger put the following question and was provided with the corresponding response.

Question:

As part of its sponsorship arrangements with a number of different organisations, the HCC annually receives thousands of dollars worth of gifts in the form of free event tickets, season passes, and meal vouchers. Could the Council please consider donating all the excess gifts received through these sponsorships, to local charity organisations for use by their staff and their clients?

Response:

The Council supports organisations within the community through both the provision of sponsorships and grants.  Grants are provided through the City of Hobart Grants Program and this program sets out what is required to be provided by organisations in return for the City’s support. 

In relation to sponsorships, the City does not currently have a formal policy in relation to the City’s requirements for the provision of sponsorship, however this is a program of work planned to be undertaken.  Your question therefore raises an issue which ought to be considered in the development of such a document.

It should be noted that there are obviously situations where providing excess or unused tickets to third parties would not be appropriate and this would clearly need to be considered in the development of any such policy.

It is also worth pointing out that the City of Hobart is cognisant of ensuring access by the community to events and is already active in this space through the provision of community tickets to North Melbourne AFL games in Hobart.

9.1      720 Sandy Bay Road and 718A Sandy Bay Road, Sandy Bay - Demolition and Multiple Dwelling

Ref:    Open CPC 7.1.1, 27/08/2018

Application Expiry Date: 14 September 2018

Extension of Time: Not applicable

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for demolition and multiple dwellings at 720 Sandy Bay Road and 718A Sandy Bay Road, Sandy Bay for the following reasons:

1.    The proposal does not meet performance criteria with respect to clause 12.4.2 P3 of the Hobart Interim Planning Scheme 2015 because to proposal will cause unreasonable loss of amenity by:

(i)      Reduction in sunlight to a habitable room (other than a bedroom) of a dwelling on an adjoining lot;

(ii)     Overshadowing of the private open space of a dwelling on an adjoining lot;

(iii)   Overshadowing of an adjoining vacant lot;

(iv)    Visual impacts caused by the apparent scale, bulk and proportions of the dwellings when viewed from an adjoining lot.

Procedural Motion

Briscoe

Harvey

That the item be deferred for two weeks at the request of the applicant.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the item be deferred for two weeks at the request of the applicant.

9.2      100 Pinnacle Road, Mount Wellington and CT 150243/11 Strickland Avenue, South Hobart - Track Extension

Ref:    Open CPC 7.1.2, 27/08/2018

Application Expiry Date: 18 September 2018

Extension of Time: Not applicable

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for track extension at 100 Pinnacle Road, Mount Wellington and CT 150243/11 Strickland Avenue, South Hobart for the reasons outlined in the officer’s report, attached to item 7.1.2 of the Open City Planning Committee agenda of 27 August 2018 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 PLN­18­364 ­ 100 PINNACLE ROAD MOUNT WELLINGTON & CT 150243/11 STRICKLAND AVENUE SOUTH HOBART TAS 7054 except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by 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.

ENG s1

Tracks must be treated to prevent erosion and generation of sediment (e.g. rock armoured) for their full extent within the banks of the creeks or as shown in the submitted plans (whichever is greater).

Reason for condition

To prevent sedimentation of creeks

ENV 9

The recommendations of the Natural Values Assessment by Enviro­Dynamics dated May 2018 must be implemented including:

1.    Large habitat trees, including likely root zones, must be avoided as far as reasonably practicable.

2.    Large fallen logs and logs with obvious hollows or crevices underneath must be avoided as far as reasonably practicable.

3.    Works must progress from the Rivulet Trail towards the Middle Island Fire Trail to reduce the risk of spreading weeds.

4.    Materials and equipment must be stored at the Rivulet Trail end of the track to minimise the risk of weed spread.

Reason for condition

To ensure impacts upon vegetation and habitat are minimised.

ENV 12

An approved weed management plan for the eradication of Spanish heath along Middle Island Fire Trail must be implemented.

A weed management plan prepared by a suitably qualified and experienced person must be submitted and approved, prior to the commencement of work.

All work required by this condition must be undertaken in accordance with the approved weed management plan.

Advice: Once the weed management plan has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Reason for condition

To ensure remaining moderate priority biodiversity values are retained and improved, and to ensure impacts upon vegetation and habitat are minimised.

ENV 15

An approved construction hygiene protocol to minimise the risk of introduction and spread of weeds must be implemented.

A construction hygiene protocol prepared by a suitably qualified and experienced person must be submitted and approved, prior to the commencement of work.

All work required by this condition must be undertaken in accordance with the approved construction hygiene protocol.

Advice: Once the weed management plan has been approved the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

Reason for condition

To ensure impacts upon vegetation and habitat are minimised.

ENV 2

Sediment and erosion control measures, 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 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: Once the SWMP has been approved, the Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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.

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.

HER 6

The recommendations outlined in section 5.2.1 of report by Gondwana Heritage Solutions titled Proposed Strickland Falls Connector Track, kunanyi/Mt Wellington, Aboriginal and Historic Heritage Desktop Report dated March 2017 must be implemented.

Reason for condition

To ensure that any impacts on sites of Aboriginal value are avoided, mitigated or remedied so that no long term loss of Aboriginal cultural heritage values occurs, in accordance with the Wellington Park Management Plan 2013.

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 PLANNING

As a condition endorsement is required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning

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.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

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.

LANDSLIDE RISK

It is recommended that the track design within the Medium Landslide Hazard Area identified in the Landslide Code of the Hobart Interim Planning Scheme 2015 (debris flow source area) is endorsed by a suitably qualified geotechnical engineer to ensure the works do not increase the likelihood of landslide.

Briscoe

Harvey                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.3      412 Elizabeth Street, North Hobart - Demolition and New Public Toilets

Ref:    Open CPC 7.1.3, 27/08/2018

Application Expiry Date: 20 September 2018

Extension of Time: Not applicable

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition and new public toilets at 412 Elizabeth Street, North Hobart for the reasons outlined in the officer’s report, attached to item 7.1.3 of the Open City Planning Committee agenda of 27 August 2018 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 PLN­18­234 ­ 412 ELIZABETH STREET NORTH HOBART TAS 7000 ­ Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by 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, storm water, 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 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, 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.

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.

Briscoe

Burnet                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.4      114 Augusta Road, Lenah Valley - Partial Demolition and Front Fencing

Ref:    Open CPC 7.1.4, 27/08/2018

Application Expiry Date: 6 September 2018

Extension of Time: Not applicable

That:   Pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition and front fencing at 114 Augusta Road, Lenah Valley for the reasons outlined in the officer’s report, attached to item 7.1.4 of the Open City Planning Committee agenda of 27 August 2018 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 PLN­18­484 ­ 114 AUGUSTA ROAD LENAH VALLEY TAS 7008 ­ Final Planning Documents, except where modified below.

Reason for condition

To clarify the scope of the permit.

ENG 1

The cost of repair of any damage to the Council's infrastructure resulting from the implementation of this permit, must be met by the owners within 30 days of the completion of the development or as otherwise determined by the Council.

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

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

Reason for condition

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

ENV 1

Sediment and erosion control measures sufficient to prevent sediment from leaving the site must be installed prior to any disturbance of the site, and maintained until all areas of disturbance have been stabilized or re­vegetated.

Advice: For further guidance in preparing a Soil and Water Management Plan – in accordance with Fact sheet 3 Derwent Estuary Program click here.

Reason for condition

To avoid the sedimentation of roads, drains, natural watercourses, Council land that could be caused by erosion and runoff from the development, and to comply with relevant State legislation.

HER 16

The front fence and gate along the Augusta Road boundary, (specifically the post capitals and the front pedestrian gate) must accord as closely as possible with the drawings and photographs for the original fence as presented in the Council's publication "New Fences for Old Houses".

Prior to the commencement of any site works, revised plans must be submitted and approved showing the front fence in accordance with the above requirement.

Advice:

·     The relevant page showing detailed drawings and photographs of the original fence from Council's publication "New Fences for Old Houses" is attached to this permit.

·     Once the design drawing has been approved Council will issue a condition endorsement (see general advice on how to obtain condition endorsement).

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

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 PLANNING

If a condition endorsement is required by a planning condition above, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services e­planning

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.

Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied). Detailed instructions can be found here.

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.

WEED CONTROL

Effective measures are detailed in the Tasmanian Washdown Guidelines for Weed and Disease Control: Machinery, Vehicles and Equipment (Edition 1, 2004). The guidelines can be obtained from the Department of Primary Industries, Parks, Water and Environment website.

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.

Briscoe

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

10.      Central Hobart Building Height Standards Review Project - Proposed Planning Scheme Amendments

Ref:    Open CPC 8.1, 27/08/2018

Briscoe

Sexton                                                 

That the recommendation contained in the officer report marked as Attachment A to item 10 of the Open Council Agenda of 3 September 2018 be adopted.

Amendment

Burnet

Cocker                                                                                                                       

That:   1.    The report be received and noted

            2.    The maximum heights to be discussed in consultation be as follows;

(i)     Height Area 1 be 45m not 60m

(ii)    Height Area 2 be 30m not 45m

(iii)  Height Area 4 be 30m not 45m

(iv)  Height Area 7 be 18m not 21m

3.    That the public comment be extended from 4 weeks to 6 weeks, and that more public information session be provided in order to match public interest.    

AMENDMENT LOST

VOTING RECORD

Amendment

Ruzicka

Sexton      

That:   1.    A plain English synopsis and/or executive summary of the review be developed to provide the public with a simple explanation and that a clear distinction be made between the review and the Council’s ultimate recommended planning scheme amendments      in response to it.

            2.    The public comment be extended from 4 weeks to 6 weeks; and

            3.    Additional public information sessions be provided, as required, to match public interest.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

Ruzicka

Thomas                                                                                                                       

That item 10 be recommitted on the basis that the Deputy Lord Mayor had seconded the original motion and therefore a new seconder is required for the amendment.

MOTION CARRIED

VOTING RECORD

Amendment

Ruzicka

THOMAS      

That:   1.    A plain English synopsis and/or executive summary of the review be developed to provide the public with a simple explanation and that a clear distinction be made between the review and the Council’s ultimate recommended planning scheme amendments      in response to it.

            2.    The public comment be extended from 4 weeks to 6 weeks; and

            3.    Additional public information sessions be provided, as required, to match public interest.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    The Council endorse the release of the Building Height     Standards Review (L Woolley, 30 June 2018) report (marked as       Attachment A to item 8.1 of the Open City Planning Committee agenda of 27 August 2018) and the suggested planning scheme amendments (marked as Attachment B to item 8.1 of the Open City Planning Committee Agenda of 27 August 2018), to implement its recommendations, for public comment for a 6 week period, prior to consideration of formally endorsing the report and initiating any planning scheme amendments in response.

            2.    Additional public information sessions be provided, as required, to match public interest.

            3.    A plain English synopsis and/or executive summary of the review be developed to provide the public with a simple explanation and that a clear distinction be made between the review and the Council’s ultimate recommended planning      scheme amendments in response to it.

11.      Dr Edward Hall Environmental Grants 2018

Ref:    Open CPC 8.2, 27/08/2018

That in light of the forthcoming local government elections and in the interests of good governance, the General Manager be delegated the authority to approve the recommendations of the assessment panel for the 2018 Dr Edward Hall Environmental Grants.

Briscoe

Sexton                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

12.      Victoria Walks Supporter Event - Melbourne - 2 October 2018 - Aldermanic Nominations

That:  1.     The Council consider Aldermanic representation at the Victoria Walks Support Event to be held in Melbourne, Victoria on 2  October 2018.

           2.     The estimated cost of $450 per person be attributed to the general Aldermanic conferences allocation within the City Government function of the 2018-19 Annual Plan.

Sexton

Harvey                                                 

That recommendation be adopted and it be noted that no nominations were received.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    The Council consider Aldermanic representation at the Victoria Walks Support Event to be held in Melbourne, Victoria on 2  October 2018.

            2.    The estimated cost of $450 per person be attributed to the general Aldermanic conferences allocation within the City Government function of the 2018-19 Annual Plan.

            3.    That recommendation be adopted and it be noted that no nominations were received.

13.      National Local Roads and Transport Congress - Alice Springs - 20 - 22 November 2018 - Aldermanic Nominations

That:  1.     The Council consider Aldermanic representation at the National Local Roads & Transport Congress to be held in Alice Springs, Northern Territory on 20 - 22 November 2018.

           2.     Aldermanic representations will be subject to the results of the upcoming Local Government elections in October and include the opportunity for any new Aldermen to also attend.

           3.     The estimated cost of $2,920.00 per person be attributed to the general Aldermanic conferences allocation within the City Government function of the 2018-19 Annual Plan.

Sexton

Harvey                                                

That Council not send representation to the National Local Roads & Transport Congress to be held in Alice Springs, Northern Territory on 20 - 22 November 2018.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That Council not send representation to the National Local Roads & Transport Congress to be held in Alice Springs, Northern Territory on 20 - 22 November 2018.