Minutes (Open Portion)

Council Meeting

Page 3

10/5/2021

Minutes (Open Portion)

Council Meeting

Page 5

10/05/2021

The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 26 April 2021, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Burnet

Dutta                                                        That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

The Lord Mayor welcomed the City’s new Chief Executive Officer, Kelly Grigsby, who commenced in the role today and was attending her first Council Meeting this evening.

Having been at the helm of the City of Wyndham, one of the country’s fastest growing cities for the last six years, Kelly is recognised as an innovative, results-focussed and visionary leader in the Local Government sector.  The City is pleased to have someone of Kelly’s calibre and experience on board to lead the organisation.

The Lord Mayor also acknowledged and thanked Mr Tim Short who has been acting in the role since early April.  His knowledge and expertise has been greatly appreciated.

A petition from residents of Rupert Avenue, Mount Stuart requesting the Council plant an avenue of trees in Rupert Avenue was tabled to the meeting.

There were 24 signatories to the petition.

Burnet

Thomas                                                                                                              

That the petition be received and noted and referred to the appropriate Committee.

MOTION CARRIED

VOTING RECORD

Attachment

a.   Petition - Rupert Avenue Street Trees ⇨  

9.1      76 Liverpool Street, Hobart - Partial Demolition, Alterations and Signage

Ref:    Open CPC 7.1.1, 3/05/2021

Application Expiry Date: 31 May 2021

That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and signage at 76 Liverpool Street Hobart for the reasons outlined in the officer's report attached to item 7.1.1 of the Open City Planning Committee agenda of 3 May 2021 and a permit containing the following conditions be issued:

GEN

The use and/or development must be substantially in accordance with the documents and drawings that comprise PLN-21-139 76 LIVERPOOL STREET HOBART TAS 7000 - Final Planning Application except where modified below.

Reason for condition

To clarify the scope of the permit.

THC

The use and/or development must comply with the requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, THC Works Ref: 6506 dated 14 April 2021, as attached to the permit.

Reason for condition

To clarify the scope of the permit.

ENG 1

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

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

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

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

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

Reason for condition

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

ADVICE

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

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

BUILDING PERMIT

You may need building approval in accordance with the Building Act 2016.  Click here for more information.

This is a Discretionary Planning Permit issued in accordance with section 57 of the Land Use Planning and Approvals Act 1993.

PLUMBING PERMIT

You may need plumbing approval in accordance with the Building Act 2016, Building Regulations 2016 and the National Construction Code. Click here for more information.

OCCUPATION OF THE PUBLIC HIGHWAY

You may require a permit for the occupation of the public highway for construction or special event (e.g. placement of skip bin, crane, scissor lift etc).  Click here for more information.

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

You may require a road closure permit for construction or special event.  Click here for more information.

You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.

PERMIT FOR VEHICLE ACCESS TO ELIZABETH STREET MALL

You may require a permit for vehicle access to the Elizabeth Street mall.  Please contact the Hobart City Council's Customer Services and Parking operations.

Burnet

Harvey                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

9.2      21B Enterprise Road and 21A Enterprise Road, and 26 Edith Avenue (CT 169835/105) and 35 Enterprise Road, and Adjacent Road Reserve, Sandy Bay - 20 Multiple Dwellings and Associated Works

Ref:    Special Open CPC 3.1.1, 10/05/2021

Application Expiry Date: 10 May 2021

That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for 20 multiple dwellings and associated works at 21B Enterprise Road, 21A Enterprise Road, 26 Edith Avenue CT 169835/105 and 35 Enterprise Road and adjacent road reservation Sandy Bay TAS 7005 for the following reasons:

1.         The proposal does not meet the Acceptable Solution or the Performance Criterion with respect to Clause E5.5.1 A3 or P3 because the increase in vehicular traffic at an existing access or junction in an area subject to a speed limit of 60km/h or less will not be safe and will unreasonably impact on the efficiency of the road, having regard to the increase in traffic caused by the use and the traffic impact assessment submitted with the planning application.

2.         The application does not meet the application requirements of Clause 8.1 because there is reasonable concern that the plans include discrepancies including in relation to the width of access, levels and heights. It is not possible to make a proper assessment of compliance with the relevant standards of the planning scheme based on the information provided.

3.         The proposal does not meet the Acceptable Solution or the Performance Criteria A3 or P3 of Clause 10.4.2 because the siting and scale of Units 14,15,16, 17, 19 and 20 as well as the combined height of the retaining wall and boundary fencing on the northern boundary will cause an unreasonable loss of amenity by visual impacts caused by their apparent scale as viewed from the rear of the properties at 23-33 Enterprise Road. The siting is also not compatible with that prevailing in the surrounding area.

Burnet

Briscoe                                                That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

10.      Proposal to amend the Southern Tasmania Regional Land Use Strategy by Extending the Urban Growth Boundary at 69 Brighton Road, Brighton

Ref:    Open CPC 8.1, 3/05/2021

That:   1.    The Council not support at this time the proposal for an amendment to the Southern Tasmania Regional Land Use Strategy 2010-2035 to extend the Urban Growth Boundary to include 11.27ha of land at 69 Brighton Road, Brighton progressing to assessment by the Minister for Planning.  Rather the Council support the consideration of this proposal as part of a wider review of the Southern Tasmania Regional Land Use Strategy.

            2.    Should the Minister agree to determine the proposal at this time then following considerations be taken into account:

a.    Potential impacts of the proposal in light of the MetroPlan project;

b.    The wider potential impact of the proposal on traffic into other Municipal Areas, particularly the Hobart CBD;

c.    The potential cumulative impacts of extensions to the Urban Growth Boundary in regional centres and the need for new social and physical infrastructure to accommodate that growth;

            3.    Given the increased requests relating to the Urban Growth Boundary review and the demands for dwellings, the Council seek urgent action by the State Government to fast track review of the Southern Tasmanian Regional Land Use Strategy Review.

Burnet

Dutta                                                      That the recommendation be adopted.

MOTION LOST

VOTING RECORD

Briscoe

Zucco                                                                                                                          

That:   1.    The Council does not have an opinion one way or another on the proposal for an amendment to the Southern Tasmania Regional Land Use Strategy 2010-2035 to extend the Urban Growth Boundary to include 11.27ha of land at 69 Brighton Road, Brighton progressing to assessment by the Minister for Planning.

            2.    Should the Minister agree to determine the proposal at this time then following considerations be taken into account:

a.    Potential impacts of the proposal in light of the MetroPlan project;

b.    The wider potential impact of the proposal on traffic into other Municipal Areas, particularly the Hobart CBD;

c.    The potential cumulative impacts of extensions to the Urban Growth Boundary in regional centres and the need for new social and physical infrastructure to accommodate that growth;

            3.    Given the increased requests relating to the Urban Growth Boundary review and the demands for dwellings, the Council seek urgent action by the State Government to fast track review of the Southern Tasmanian Regional Land Use Strategy Review.

Amendment

Burnet

Harvey                                                                                                                       

That clause 3 be amended to seek an urgent meeting with the Premier and new Minister for Planning to highlight the need to update the Southern Tasmanian Regional Land Use Strategy.

AMENDMENT LOST

VOTING RECORD

Dutta

HARVEY                                                                                                                       

That the vote for clauses 1 to 3 of the motion be taken separately.

MOTION CARRIED

VOTING RECORD

The Lord Mayor then put the vote for clauses 1 to 3 separately.

MOTION LOST
(Clause 1)

VOTING RECORD

MOTION CARRIED
(Clause 2)

VOTING RECORD

MOTION CARRIED
(Clause 3)

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.    Should the Minister for Planning agree to determine the proposal for an amendment to the Southern Tasmania Regional Land Use Strategy 2010-2035 to extend the Urban Growth Boundary to include 11.27ha of land at 69 Brighton Road, Brighton, at this time, then the following considerations be taken into account:

a.     Potential impacts of the proposal in light of the MetroPlan project;

b.    The wider potential impact of the proposal on traffic into other Municipal Areas, particularly the Hobart CBD;

c.    The potential cumulative impacts of extensions to the Urban Growth Boundary in regional centres and the need for new social and physical infrastructure to accommodate that growth;

            2.    Given the increased requests relating to the Urban Growth Boundary review and the demands for dwellings, the Council seek urgent action by the State Government to fast track review of the Southern Tasmanian Regional Land Use Strategy Review.

11.      Campbell Street and Argyle Street Bicycle Connections

Ref:    Open CIC 6.2, 28/04/2021

That:   1.    Subject to a successful grant funding proposal, the Argyle Street, Campbell Street, Liverpool Street and Bathurst Street trial bicycle facilities, as generally described in Attachment E to item 6.2 of the Open City Infrastructure Committee agenda of 28 April 2021, be installed.

2.    Should a planning approval be required due to the archaeology overlay (or another trigger) the General Manager be authorised to lodge such an application.

3.    Appropriate public information resources to explain the function and reasoning for the new facilities be created and form part of the trial.

4.    The City of Hobart develops the arrangements to support and undertake clearway towing and vehicle removal operations, recoup costs and levy appropriate fines;

5.    A review of parking charges, operating hours and un-metered spaces in the area surrounding the project be undertaken, and appropriate changes be implemented to offset any revenue impacts.

Harvey

Sherlock                                            That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

12.      Hobart - A City for All - Community Inclusion and Equity Framework

Ref:    Open CCEC 6.1, 29/04/2021

That the document titled, Hobart: A City for All – Community Inclusion and Equity Framework marked as Attachment A to item 6.1 of the Open Community, Culture and Events Committee agenda of 29 April 2021, be adopted.

Sherlock

Harvey                                                 That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

13.      Community Commitments

Ref:    Open CCEC 6.2, 29/04/2021

That:   1.    The Council endorse the following six draft community commitments, marked as Attachments A-F to item 6.2 of the Open Community Culture and Events Committee agenda of 29 April 2021 for broad community engagement:

(i)      Community Safety Commitment 2021-23

(ii)     Equal Access Commitment 2021-23

(iii)    LGBTQI Commitment 2021-23

(iv)    Multicultural Commitment 2021-23

(v)     Positive Ageing Commitment 2021-23

(vi)    Youth Commitment 2021-23

            2.    A further report be provided to the Council detailing the outcome of the community engagement and presenting the final documents for Council approval.

Sherlock

Thomas                                                  That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

14.      Elected Member Professional Development Plan - Alderman Thomas

Briscoe

Sherlock                                                                                                                  

That the recommendation contained in the Special Report of the Lord Mayor marked as item 14 of the Open Council Agenda of 10 May 2021, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Professional Development Plan for Alderman Thomas, as attached to the Open Council Agenda of 10 May 2021, be received and noted.

16.      Code of Conduct Determination Report Lord Mayor Councillor Reynolds v Alderman Behrakis

Behrakis

Sherlock                                                                                                                  

That the recommendation contained in the Special Report of the Acting General Manager, marked as item 16 of the Supplementary Open Agenda, be adopted.

As required by the finding of the Code of Conduct Panel, Alderman Behrakis apologised to Lord Mayor Councillor Reynolds and the Council.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council receive and note the Code of Conduct Determination Report in respect to a complaint lodged by Lord Mayor Councillor Reynolds against Alderman Behrakis, shown as Attachment A to this report.

17.      The Future of the Taste of Tasmania

Ref:    Closed CCEC 4.1, 29/04/2021

That:   1.      The Council resolve that it no longer needs to own nor deliver the Taste of Tasmania.

            2.      The Council delegate to the Chief Executive Officer the authority to develop a transition plan to divest the City of the exclusive ownership and delivery of the Taste of Tasmania.

            3.      A further report be provided to the Council with the transition plan outcome and proposal for the future of the Taste of Tasmania, by the end of the 2021-22 financial year.

            4.      A further report be provided to Council on the proposal for a 2021-22 waterfront summer season activation program that includes Christmas and New Year programming.

            5.      The new State Government be requested to honour the commitment of the previous Government to support the consideration of further options around the Taste of Tasmania event.

Sherlock

Dutta                                                      That the recommendation be adopted.

Amendment

Zucco

Briscoe                                                                                                                      

That clause 2 be amended to remove the words ‘Council delegate to the’ and ‘the authority to’.

AMENDMENT CARRIED

VOTING RECORD

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:   1.      The Council resolve that it no longer needs to own nor deliver the Taste of Tasmania.

            2.      The Chief Executive Officer develop a transition plan to divest the City of the exclusive ownership and delivery of the Taste of Tasmania.

            3.      A further report be provided to the Council with the transition plan outcome and proposal for the future of the Taste of Tasmania, by the end of the 2021-22 financial year.

            4.      A further report be provided to Council on the proposal for a 2021-22 waterfront summer season activation program that includes Christmas and New Year programming.

5.      The new State Government be requested to honour the commitment of the previous Government to support the consideration of further options around the Taste of Tasmania event.