Minutes
Open Portion
Monday, 11 July 2022
AT 5:14 pm
Council Chamber, Town Hall
This meeting of the Council was conducted in accordance with a Notice issued by the Premier on 31 March 2022 under section 18 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020.
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Minutes (Open Portion) Council Meeting |
Page 2 |
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11/7/2022 |
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PRESENT, APOLOGIES AND LEAVE OF ABSENCE
3. Communication from the Chairman
4. Notification of Council Workshops
7. Consideration of Supplementary Items
8. Indications of Pecuniary and Conflicts of Interest
9. Council Acting as Planning Authority
12. Response to Petition - Pedestrian Crossing - McRobies Road, South Hobart
Community, Culture and Events Committee
13. Salamanca Market By-Law No.1 of 2022
14. Speaker's Corner - 6 Month Trial
15. Request for Financial Delegation for Annual Grants ($20,000 and Over)
Economic Development & Communications Committee
16. Business Events Tasmania Annual Funding Submission and MOU
Special Report – Chief Executive Officer
18. Response to Notice of Motion - 2022 Election Caretaker Provisions.
19. Closed Portion of the Meeting
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Minutes (Open Portion) Council Meeting |
Page 19 |
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11/07/2022 |
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PRESENT:
The Lord Mayor Councillor A M Reynolds, the Deputy Lord Mayor Councillor H Burnet, Aldermen J Briscoe, Councillor W F Harvey, Alderman S Behrakis, Councillors M S C Dutta, J Fox and W N S Coats.
APOLOGIES:
Alderman M Zucco
LEAVE OF ABSENCE:
Alderman Dr P T Sexton
Alderman D C Thomas
Councillor Dr Z E Sherlock
Alderman Behrakis left the meeting at 5.49pm, returning at 5.50pm.
Councillor Fox left the meeting at 6.36pm, returning at 6.38pm.
Councillor Dutta left the meeting at 6.40pm, returning at 6.44pm.
Deputy Lord Mayor Councillor Burnet left the meeting at 6.56pm, returning at 6.59pm and was not present for item 14.
The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 27 June 2022, finds them to be a true record and recommends that they be taken as read and signed as a correct record.
BEHRAKIS That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
The minutes were signed. |
Are there any items, which the meeting believes, should be transferred from this agenda to the closed agenda or from the closed agenda to the open agenda, in accordance with the procedures allowed under Section 15 of the Local Government (Meeting Procedures) Regulations 2015?
No items were transferred.
No communication was received.
In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer reports that the following Council workshops have been conducted since the last ordinary meeting of the Council.
Date:
5
July 2022
Purpose: Caretaker Policy
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No petitions were received.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Council resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2015.
No supplementary items were received.
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Elected 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.
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 2/816 Sandy Bay Road, Sandy Bay and Common Land of Parent Title - Change of Use to Visitor Accommodation PLN-21-569 - File Ref: F22/63404 Ref: Open CPC 7.2.1, 4/07/2022 Application Expiry Date: 27 July 2022 |
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That the Council refuse the application for a change of use to visitor accommodation at 2/816 Sandy Bay Road, Sandy Bay 7005 pursuant to the Hobart Interim Planning Scheme 2015 and Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes, for the following reasons:
1. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A1 or P1 of Planning Directive No. 6 because the gross floor area is in excess of 200m2, and the proposal is not compatible with the character and use of the area and would cause an unreasonable loss of residential amenity.
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Behrakis That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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9.2 18 Grosvenor Street, Sandy Bay and Common Land of Parent Title - Change of Use to Visitor Accommodation PLN-22-328 - File Ref: F22/63412 Ref: Open CPC 7.2.2, 4/07/2022 Application Expiry Date: 11 July 2022 |
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That in the absence of a decision from the City Planning Committee the item be referred to the Council for determination.
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FOX
That the Council refuse the application for a change of use to visitor accommodation at 18 Grosvenor Street, Sandy Bay 7005 pursuant to the Hobart Interim Planning Scheme 2015 and Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes, for the following reasons:
1. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A2 or P2 of Planning Directive No. 6 because the proposal is part of a strata scheme and the proposal would cause an unreasonable loss of residential amenity to long term residents occupying another lot within the strata scheme.
2. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.6.1 A1 or P1 due to the parking which the proposal will require.
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MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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That the Council refuse the application for a change of use to visitor accommodation at 18 Grosvenor Street, Sandy Bay 7005 pursuant to the Hobart Interim Planning Scheme 2015 and Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes, for the following reasons:
1. The proposal does not meet the acceptable solution or the performance criterion with respect to clause 3.1(e) A2 or P2 of Planning Directive No. 6 because the proposal is part of a strata scheme and the proposal would cause an unreasonable loss of residential amenity to long term residents occupying another lot within the strata scheme.
2. The proposal does not meet the acceptable solution or the performance criterion with respect to clause E6.6.1 A1 or P1 due to the parking which the proposal will require.
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10. Submissions Received Public Notification Period for the Certified Amendment for Short Stay Visitor Accommodation File Ref: F22/40681; PSA-22-1 Ref: Open CPC 8.1, 4/07/2022 |
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That: 1. Pursuant to section 39 (2) of the former provisions of the Land Use Planning and Approvals Act 1993, that Council endorse the report marked as item 8.1 of the Open City Planning Committee agenda of 4 July 2022 as the formal statement of its opinion as to the merit of the representations received during the public exhibition of the certified amendment PSA-22-1. 2. Pursuant to section 39 (2) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council recommend to the Tasmanian Planning Commission that PSA-22-1 marked as Attachment A to item 7.1.4 of the Open City Planning Committee agenda of 21 March 2022 to the Hobart Interim Planning Scheme 2015 be approved as certified.
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Harvey That the recommendation be adopted. |
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Dutta
Alderman Behrakis be granted an extra one minute to address the meeting.
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MOTION CARRIED
VOTING RECORD
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MOTION CARRIED VOTING RECORD
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11. Response to Notice of Motion - Assessment of Planning Applications with Heritage and Disability Access Issues File Ref: F22/44643 Ref: Open CPC 8.2, 4/07/2022 |
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That the Council propose, as part of the review of the State Planning Provisions currently being undertaken by the State Planning Office, that there is some flexibility introduced into the requirements of the development standards in the Local Historic Heritage Code which would allow for equal access to buildings.
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Fox That the recommendation be adopted. |
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MOTION CARRIED
VOTING RECORD
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12. Response to Petition - Pedestrian Crossing - McRobies Road, South Hobart File Ref: F22/55984; R0659 Ref: Open CIC 6.1, 29/06/2022 |
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That: 1. An application be made to the Transport Commission requesting a change to the speed limit on McRobies Road between Cascade Road and Syme Street, Syme Street between Cascade Road and Degraves Street, and Nevin Street in South Hobart from the current default urban speed limit of 50 km/h to 40 km/h. 2. Further consultation and investigations be undertaken in respect to joining the proposed 40km/hr zone (as outlined in Clause 1) with the previously Council-endorsed proposal for the 40km/hr zone in the South Hobart Shopping Precinct between Excel Lane and the Southern Outlet. 3. Officers to investigate and upgrade the road signage on McRobies Road on approach to the Hobart Rivulet crossing. 4. The petitioners be so advised.
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Behrakis That the recommendation be adopted. |
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MOTION CARRIED
VOTING RECORD
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13. Salamanca Market By-Law No.1 of 2022 File Ref: F22/46521; S33-060-02/38 Ref: Open CCEC 6.1, 30/06/2022 |
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That the Council delegate authority to the Chief Executive Officer to take the remaining necessary steps to create the Salamanca Market By-Law No. 1 of 2022 marked as Attachment A to item 6.1 of the Open Community Culture and Events Committee agenda of 30 June 2022.
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Fox That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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14. Speaker's Corner - 6 Month Trial File Ref: F22/56706; 21/27 Ref: Open CCEC 6.2, 30/06/2022 |
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That: 1. The Council approve the ongoing Speakers’ Corner Program for the City of Hobart. 2. Based on the findings of the Speakers’ Corner trial of 26 April 2021 to 31 October 2021 and the observations of the use of the Salamanca Plaza site during the ‘Out in the Open’ program between February and April 2022, the Chief Executive Officer finalise the Speakers’ Corner Terms and Conditions and update the site signage for delivery of the program to commence by August 2022.
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Fox That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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15. Request for Financial Delegation for Annual Grants ($20,000 and Over) File Ref: F22/56931; 21/48 Ref: Open CCEC 6.3, 30/06/2022 |
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That in light of upcoming Local Government elections and in the interests of good governance at this time that pursuant to Section 22 of the Local Government Act 1993, the Council delegate authority to the Chief Executive Officer to approve the recommendations of two assessment panels in September 2022, for the annual grants for Creative Hobart Major Cultural Organisations and Event Partnerships to levels as provided in the 2022-2023 Annual Plan.
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Fox That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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16. Business Events Tasmania Annual Funding Submission and MOU File Ref: F22/41466 Ref: Open EDCC 6.1, 30/06/2022 |
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That: 1. The Council provide funding of $114,932 to Business Events Tasmania which has been included in the Economic Development Budget Function of the 2022-23 Annual Plan. 2. The total funding provision be recorded in the ‘Grants, Assistance and Benefits provided’ section of the City of Hobart’s Annual Report. 3. The Council endorses the City of Hobart / Business Events Tasmania Funding Agreement 2022 – 2023 marked as Attachment B to item 6.1 of the Open Economic Development and Communications Committee agenda of 30 June 2022.
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Behrakis That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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File Ref: F22/55553 Ref: Open EDCC 6.2, 30/06/2022 |
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That the Council endorse the attendance of the Chief Executive Officer and the Director Connected City at the World Cities Summit in Singapore from 31 July to 3 August 2022 as detailed in the report marked as item 6.2 of the Open Economic Development and Communications Committee agenda of 30 June 2022.
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Dutta That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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That the Council resolve by absolute majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:
· Confirm the minutes of the closed portion of the meeting · Leave of Absence · Legal action involving the Council · Information of a confidential nature
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 Item No. 6.1 PLN-20-499 - 28-30 Davey Street Hobart - Mediation Appeal LG(MP)R 15(4)(a) Item No. 7 Taste of Summer Program Update LG(MP)R 15(2)(g)
Behrakis That the recommendation be adopted. |
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MOTION CARRIED BY ABSOLUTE MAJORITY VOTING RECORD
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There being no further business the Open portion of the meeting closed at 7.20pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
1st DAY OF August 2022.
CHAIRMAN