Minutes
Open Portion
Monday, 12 October 2020
AT 5:27 pm
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.
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Minutes (Open Portion) Council Meeting |
Page 3 |
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12/10/2020 |
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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
10. Urban Design Advisory Panel - Membership
Motions of which notice has been given
11. Ronald McDonald House Charity - Parking Spaces in Argyle Street Carpark
12. Asset Management Policy and Strategy - Updates
13. Appointment - Deputy Municipal Emergency Management Coordinator
14. Hobart Rivulet - Potential as a Pedestrian Walkway and Cycleway.
15. Elizabeth Street Midtown Retail Precinct Upgrade - Results of Key Stakeholder Engagement
Community, Culture and Events Committee
16. Social Inclusion Index - Connected Community Program
17. Social Inclusion Policy Update
18. City of Hobart Grants Program - Annual Program 2020 Recommendations
Special Report – General Manager
19. Future Meeting Arrangements and Annual General Meeting Update.
20. Closed Portion of the Meeting
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Minutes (Open Portion) Council Meeting |
Page 5 |
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12/10/2020 |
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PRESENT:
Lord Mayor Reynolds Councillor A M Reynolds, 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 Ewin, Z E Sherlock and W N S Coats.
APOLOGIES:
Nil.
LEAVE OF ABSENCE:
Nil.
Councillor Coats joined the meeting at 5.28pm.
Alderman Behrakis left the meeting at 5.28pm, returning at 5.31pm and was not present for items 1 to 5.
Alderman Thomas returned to the meeting at 7.41pm, following the comfort break.
Alderman Behrakis returned to the meeting at 7.41pm, following the comfort break.
The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 21 September 2020, finds them to be a true record and recommends that they be taken as read and signed as a correct record.
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Dutta 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.
In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the General Manager reports that no Council workshops have been conducted since the last ordinary meeting of the Council.
No questions were received.
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 General Manager 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 General Manager 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.
9.1 202 - 206 Macquarie Street, Hobart and Adjacent Road Reserve - New Building for 40 Multiple Dwellings, Educational and Occasional Care (Childcare Centre), and General Retail and Hire, Business and Professional Services and Food Services PLN-20-104 - File Ref: F20/107319 Ref: Special Open CPC 2.1.1, 12/10/2020 Application Expiry Date: 13 October 2020 |
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In the absence of a recommendation from the City Planning Committee, the matter was presented to the Council for determination.
Dutta
That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for new building for 40 multiple dwellings, educational and occasional care (childcare centre), and general retail and hire, business and professional services and food services, at 202 to 206 Macquarie Street, and adjacent road reserve, Hobart, for the following reasons:
Central Business Zone Development Standards:
Building Height – 22.4.1 P5
The proposal fails to satisfy clause 22.4.1 A5 and P5 of the Hobart Interim Planning Scheme 2015 because building height of the proposed development within 15 of the Macquarie Street frontage will unreasonably dominate existing buildings of cultural heritage significance on the adjoining heritage listed place, and will have a materially adverse impact on the historic cultural heritage significance of the heritage place.
Potentially Contaminated Land Code:
Use Standards - E2.5 P1 The proposal fails to satisfy clause E2.5 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the land is not suitable for the intended use having regard to the fact that no Environmental Site Assessment has been provided.
Excavation - E2.6.2 P1 The proposal fails to satisfy clause E2.6.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because it has not be established that excavation will not adversely impact on health and the environment, having regard to the fact that no Environmental Site Assessment has been provided.
Road and Railway Assets Code:-
Existing Road Accesses and Junctions E5.5.1 P3 The proposal fails to satisfy clause E5.5.1 A3 and P3 of the Hobart Interim Planning Scheme 2015 because the increase in vehicle traffic will not be safe and will unreasonably impact on the efficiency of the Macquarie Street.
Parking and Access Code:-
Design of Vehicular Accesses - E6.7.2 P1 The proposal fails to satisfy clause E6.7.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the design of the vehicle access point is not safe, efficient and convenient.
Layout of Parking Areas – E6.7.5 P1 The proposal fails to satisfy clause E6.7.5 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the layout of car parking spaces, access aisles, circulation roadways and ramps is not safe and will not ensure ease of access, egress and manoeuvring on-site.
Stormwater Management Code:
Stormwater Drainage and Disposal - E7.7.1 P2 The proposal fails to satisfy clause E7.7.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because stormwater will not be appropriately managed.
Attenuation Code:
Development for Sensitive Use in Proximity to Use with Potential to Cause Environmental Harm - E9.7.2 P1 The proposal fails to satisfy clause E9.7.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because it will result in potential to be impacted by environmental harmfrom uses with the potential to cause environmental harm (late night venues).
Historic Heritage Code:
Archaeology - E13.10.1 P1 The proposal fails to satisfy clause E13.10.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because it will unnecessarily impact on archaeological resources at a place of archaeological potential.
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MOTION CARRIED VOTING RECORD
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Briscoe
That the Council endorse the officer recommendations to progress the amendments to the building heights standards within the CBD, consistent with item 8.2 of the City Planning Committee of 10 December 2018 as follows:
That: 1. The outcomes of Building Height Standards Review (L Woolley, 30 June 2018) report (Attachment A) be endorsed. 2. Pursuant to Section 34(1) (b) of the former provisions of the Land Use Planning and Approvals Act 1993, the Council resolve to initiate the amendments provided in Attachment B to the Hobart Interim Planning Scheme 2015 and the Sullivans Cove Planning Scheme 1997. 3. Pursuant to Section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council certify that the PSA-18-4 Amendment to the Hobart Interim Planning Scheme 2015 and the PSA-18-1 Amendment to the Sullivans Cove Planning Scheme 1997 meets the requirements of Section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the General Manager and the Deputy General Manager to sign the Instruments of Certification (Attachment I). 4. Pursuant to Section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place the PSA-18-4 Amendment to the Hobart Interim Planning Scheme 2015 and the PSA-18-1 Amendment to the Sullivans Cove Planning Scheme 1997 on public exhibition for a 28 day period following certification.
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MOTION LOST VOTING RECORD
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COUNCIL RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council refuse the application for new building for 40 multiple dwellings, educational and occasional care (childcare centre), and general retail and hire, business and professional services and food services, at 202 to 206 Macquarie Street, and adjacent road reserve, Hobart, for the following reasons:
Central Business Zone Development Standards:
Building Height – 22.4.1 P5
The proposal fails to satisfy clause 22.4.1 A5 and P5 of the Hobart Interim Planning Scheme 2015 because building height of the proposed development within 15 of the Macquarie Street frontage will unreasonably dominate existing buildings of cultural heritage significance on the adjoining heritage listed place, and will have a materially adverse impact on the historic cultural heritage significance of the heritage place.
Potentially Contaminated Land Code:
Use Standards - E2.5 P1 The proposal fails to satisfy clause E2.5 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the land is not suitable for the intended use having regard to the fact that no Environmental Site Assessment has been provided.
Excavation - E2.6.2 P1 The proposal fails to satisfy clause E2.6.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because it has not be established that excavation will not adversely impact on health and the environment, having regard to the fact that no Environmental Site Assessment has been provided.
Road and Railway Assets Code:-
Existing Road Accesses and Junctions E5.5.1 P3 The proposal fails to satisfy clause E5.5.1 A3 and P3 of the Hobart Interim Planning Scheme 2015 because the increase in vehicle traffic will not be safe and will unreasonably impact on the efficiency of the Macquarie Street.
Parking and Access Code:-
Design of Vehicular Accesses - E6.7.2 P1 The proposal fails to satisfy clause E6.7.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the design of the vehicle access point is not safe, efficient and convenient.
Layout of Parking Areas – E6.7.5 P1 The proposal fails to satisfy clause E6.7.5 A1 and P1 of the Hobart Interim Planning Scheme 2015 because the layout of car parking spaces, access aisles, circulation roadways and ramps is not safe and will not ensure ease of access, egress and manoeuvring on-site.
Stormwater Management Code:
Stormwater Drainage and Disposal - E7.7.1 P2 The proposal fails to satisfy clause E7.7.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because stormwater will not be appropriately managed.
Attenuation Code:
Development for Sensitive Use in Proximity to Use with Potential to Cause Environmental Harm - E9.7.2 P1 The proposal fails to satisfy clause E9.7.2 A1 and P1 of the Hobart Interim Planning Scheme 2015 because it will result in potential to be impacted by environmental harmfrom uses with the potential to cause environmental harm (late night venues).
Historic Heritage Code:
Archaeology - E13.10.1 P1 The proposal fails to satisfy clause E13.10.1 A1 and P1 of the Hobart Interim Planning Scheme 2015 because it will unnecessarily impact on archaeological resources at a place of archaeological potential.
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a Special City Planning Committee of 12 October 2020 – Item
2.1.1 (original documents) ⇨ |
10. Urban Design Advisory Panel - Membership File Ref: F20/101778 Ref: Closed CPC 5.1 , 28/09/2020 |
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That: 1. In respect to the nominee for the Urban Design Advisory Panel as chairperson with urban design and public administration experience the Council appoint George Wilkie. 2. Given the absence of a nomination for the member who is a current urban design academic the Council amend the terms of reference and appoint two members with both planning and urban design experience. 3. In respect to the nominee for the Urban Design Advisory Panel with both planning and urban design experience the Council appoint:- (i) Lucy Burke-Smith (ii) Ian James 4. In respect to the nominee from the Tasmanian Australian Institute of Architects the Council appoint Keith Drew. 5. In respect to the nominee from the Tasmanian Australian Institute of Landscape Architects the Council appoint Susan Small. 6. The Lord Mayor on behalf of the Council formally thank both Peter Curtis and Jamieson Allom for their significant service as members of the Urban Design Advisory Panel.
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Sherlock That the recommendation be adopted. |
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Procedural Motion
Dutta
That the matter be deferred to enable re-advertising to attract a wider field of candidates.
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PROCEDURAL MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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That the matter be deferred to enable re-advertising to attract a wider field of candidates.
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IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015
12. Asset Management Policy and Strategy - Updates File Ref: F20/91508; 15/127-026-07; 16/335 Ref: Open CIC 6.1, 23/09/2020 |
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That the updated Asset Management Policy and Strategy, referred to as Attachment A and B to item 6.1 of the Open City Infrastructure Committee agenda of 23 September 2020, be approved. |
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Ewin That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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13. Appointment - Deputy Municipal Emergency Management Coordinator File Ref: F20/100661; 14/141 Ref: Open CIC 6.2, 23/09/2020 |
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That: 1. The Council endorse the nomination of Mr Russell Dowd as the Deputy Municipal Emergency Management Coordinator for the City of Hobart. 2. The Director State Emergency Service and the State Emergency Management Controller be so advised. |
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Ewin That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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14. Hobart Rivulet - Potential as a Pedestrian Walkway and Cycleway File Ref: F20/58739 Ref: Open CIC 6.3, 23/09/2020 |
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That: 1. The enclosed sections of the Hobart Rivulet not be considered for use as a public thoroughfare or commuter route, noting the significant workplace health and safety controls required to mitigate the extreme risk associated with such a stormwater facility, including the specialist training and accreditation required by those entering the enclosed sections. 2. As part of
the City’s Honour Student Program with the Engineering Faculty of the
University of Tasmania, the City seek an expression of interest from
potential students on the following project: |
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Ewin That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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15. Elizabeth Street Midtown Retail Precinct Upgrade - Results of Key Stakeholder Engagement File Ref: F20/99965 Ref: Open CIC 6.4, 23/09/2020 |
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That: 1. The Council receive and note the feedback provided by key stakeholders in regard to the draft concept design for the Elizabeth Street Retail Precinct upgrade. 2. Broader community consultation now be undertaken on the draft concept design for the Elizabeth Street Retail Precinct upgrade, followed by a further report to include a summary of all feedback received, officer responses to the feedback and a revised draft concept including any proposed changes in response to feedback received. 3. A detailed report addressing the potential loss of car parking within the Elizabeth Street Precinct be referred to the Finance and Governance Committee at the appropriate time. |
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Dutta That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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16. Social Inclusion Index - Connected Community Program File Ref: F20/98921; 19/109 Ref: Open CCEC 6.1, 24/09/2020 |
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That: 1. The Council endorse publication of the pilot dashboards shown in Attachment B to item 6.1 of the Open Community Culture and Events Committee agenda of 24 September 2020 on the City of Hobart public website. 2. The Council endorse the ongoing maintenance of the pilot socio-economic digital dashboards (and datasets). 3. The Council not endorse the curation of the identified and future data sources into a single index at this time. |
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Ewin That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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17. Social Inclusion Policy Update File Ref: F20/100406 Ref: Open CCEC 6.2, 24/09/2020 |
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That: 1. The Council rescind the City of Hobart Policy, Cultural Diversity Inclusion marked as Attachment B to item 6.2 of the Open Community Culture and Events Committee agenda of 24 September 2020. 2. The Council endorse and adopt the new City of Hobart Policy, Social Inclusion marked as Attachment C to item 6.2 of the Open Community Culture and Events Committee agenda of 24 September 2020. 3. A subsequent Social Inclusion Framework be developed for the Council’s endorsement at the appropriate time. |
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Ewin That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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18. City of Hobart Grants Program - Annual Program 2020 Recommendations File Ref: F20/92939; 20/69-0003 Ref: Open CCEC 6.3, 24/09/2020 |
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That: 1. The Council approve the recommended level of funding to the respective applicants for assistance under the 2020-21 City of Hobart Grants Program, marked as Attachment A to item 6.3 of the Open Community Culture and Events Committee agenda of 24 September 2020, under the stream of Event Partnership. 2. The value of the combined recommended projects is noted as $192,885 for Event Partnership. 3. The unallocated funds of $12,115 be classified as an underspend for the program and recognised as savings. 4. The funding for the grants be attributed to the Community Events - Grants and Assistance Budget Function in the 2020-21 Annual Plan. 5. All funding applicants be advised accordingly. 6. The total grant provision be recorded in the ‘Grants, Assistance and Benefits provided’ section of the City of Hobart’s Annual Report. |
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EWIN That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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19. Future Meeting Arrangements and Annual General Meeting Update File Ref: F20/100366; 16/119 |
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Ewin
That the recommendation contained in the special report of the General Manager dated 6 October 2020 be adopted.
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Amendment
Zucco
That clause 1 be deleted and Council resume physical meetings in one month and the General Manager be delegated to prepare a report addressing the implementation of appropriate measures.
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AMENDMENT CARRIED VOTING RECORD
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Amendment
Zucco
That the conduct of Committee meetings continue on Zoom, subject to the decision of each individual Committee.
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AMENDMENT CARRIED VOTING RECORD
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SUBSTANTIVE MOTION CARRIED VOTING RECORD
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COUNCIL RESOLUTION: |
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That: 1. Council resume physical meetings in one month and the General Manager be delegated to prepare a report addressing the implementation of appropriate measures. 2. The conduct of Committee meetings continue on Zoom, subject to the decision of each induvial Committee.
2. The Council note the likely delay in receiving the City’s audited 2019-20 financial statements and subsequent postponement of the City’s 2019-20 Annual General Meeting until early 2021.
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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:
· Leave of Absence · Minutes of the Closed Meeting · Personnel Matter
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 Supplementary Item Item No. 6 Personnel Matter LG(MP)R 15(2)(a) |
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Burnet That the recommendation be adopted. |
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MOTION CARRIED BY ABSOLUTE MAJORITY VOTING RECORD
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The Chairman adjourned the meeting at 7.26pm for a comfort break.
The meeting was reconvened at 7.40pm.
Item 12 was then taken.
There being no further business the open portion of the meeting closed at 8.38pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
26th DAY OF October 2020.
CHAIRMAN