Minutes (Open Portion)

Council Meeting

Page 2

14/10/2024

Minutes (Open Portion)

Council Meeting

Page 1

14/10/2024

The Chairperson reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 16 September 2024, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

Dutta

Posselt                                                   That the recommendation be adopted.

MOTION CARRIED

VOTING RECORD

The minutes were signed.

10.      Response to Petition - Waterworks Road Pedestrian Safety Improvements and Add a footpath in Romilly Street

POSSELT

SHERLOCK

That the recommendation contained within the officer report, marked as item 10 of the Open Council Agenda of 14 October 2024, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council note the concerns raised in the petitions titled “Add a footpath to Romilly Street in South Hobart” and “Waterworks Road Pedestrian Safety Improvements”.

2.      The Council approves the preparation of a feasibility study including an assessment of design options, community engagement of options with local residents, and a detailed cost estimate of options for Waterworks Road (between Romilly Street and Lynton Avenue) and Romilly Street (Waterworks Road to 26 Romilly Street).

3.      The Council notes that funding will be sought, in line with Council priorities, for the recommended solution identified through the feasibility study.

4.      The lead petitioners be advised of the outcomes of this report.

11.      City of Hobart Advocacy Priorities 2024-2025

POSSELT

LOHBERGER

That the recommendation contained within the officer report, marked as item 11 of the Open Council Agenda of 14 October 2024, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the Council endorse the 2024-2025 City of Hobart Advocacy Priorities marked as Attachment B to item 11 of the Open Council Agenda of 14 October 2024.

12.      2024-25 New Fees And Charges For Information Requests and New Information Disclosure Policy and Procedures

HARVEY

LOHBERGER

That the recommendation contained within the officer report, marked as item 12 of the Open Council Agenda of 14 October 2024, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council approve the new fees and charges for the supply of information requests in its 2024-25 Fees and Charges, as set out in Attachment A to item 12 of the Open Council Agenda of 14 October 2024.

(i)    If approved, the City’s 2024-25 Fees and Charges booklet be updated accordingly.

2.      The Council approve the new ‘Information Disclosure Policy and Procedures’ document, as marked as Attachment B to item 12 of the Open Council Agenda of 14 October 2024, and agree to rescind the Open Data Policy, as marked as Attachment C of the Open Council Agenda of 14 October 2024.

13.      Grants and Sponsorship Review Recommendations

KITSOS

SHERLOCK

That the recommendation contained within the officer report, marked as item 13 of the Open Council Agenda, be adopted apart from funding for the City of Hobart Eisteddfod which will be taken separately.

MOTION CARRIED

VOTING RECORD

LOHBERGER

POSSELT

That grant funding in respect to the City of Hobart Eisteddfod be approved.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council note and endorse the recommendations contained with the report titled City of Hobart - Funding Program Review, marked as Attachment A to item 13 of the Open Council Agenda of 14 October 2024.

2.      The Council approve the development of a funding policy based on the recommendations within the review report.

3.      The Council extend the City Partnerships grant agreements for 12 months to support the events scheduled between 1 July 2024 and 30 June 2025. This includes:

4.      The total grant provision for each organisation be recorded in the ‘Grants, Assistance and Benefits provided’ section of the City of Hobart’s 2024-25 Annual Report. 

14.      2024-25 Sponsorship Program

SHERLOCK

HARVEY

That the recommendation contained within the officer report, marked as item 14 of the Open Council Agenda, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council approve the provision of event sponsorship grants to the value of $165,000 as part of the 2024-25 Sponsorship Program:

(i)      Australian Wooden Boat Festival - $60,000 cash and $65,000 in-kind value ($125,000 total) for the delivery of the Australian Wooden Boat Festival 2025.

(ii)     Tennis Australia - $6,527 cash and up to $33,473 in-kind ($40,000 total) for the delivery of 2025 Hobart International.

2.      The Council delegate the authority to the Chief Executive Officer to negotiate and enter into the sponsorship agreement on the Council’s behalf.

3.      The total value of support be recorded in the ‘Grants, Assistance and Benefits provided’ section of the City of Hobart’s Annual Report 2024-25.

4.      The funding for the approved sponsorships be attributed to the Smart Economy – Sponsorship Budget Function provided for in the City of Hobart’s 2024-25 budget.

15.      City of Hobart Grants Program - Event Partnership and Major Cultural Organisation Grants Recommendations

SHERLOCK

LOHBERGER

That the recommendation contained within the officer report, marked as item 15 of the Open Council Agenda, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council approve the following grants as listed to a total value of $424,250 under the 2024-25 Community Grants Program:

Major Cultural organisations:

(i)         MCO2401 Theatre Royal                                        $35,000

(ii)        MCO232 Tasmanian Museum and Art Gallery   $35,000

(iii)       MCO235 Tasmanian Symphony Orchestra         $30,000

Event Partnerships:

(iv)       EP2405 Beaker Street Ltd.                                     $82,537

(v)        EP2414 Theatre Royal                                            $49.913

(vi)       EP2406 Festival of Voices                                      $70,000

(vii)      EP2413 Trail Ventures                                            $56,800

(viii)     EP2416 Atlas Events                                               $25,000

(ix)       EP2403 Australian Institute of Architects             $20,000

(x)        EP2402 Chinese Community Association

of Tasmania Inc.                                                       $20,000

2.      The funding for the approved grants be attributed to the Community Grants Budget Function provided in the City of Hobart’s 2024-25 Annual Plan.

3.      The total grant provision be recorded in the ‘Grants, Assistance and Benefits provided’ section of the City of Hobart’s 2024-25 Annual Report. 

16.      Fee Waivers - Community Based Homelessness & Social Support Groups

HARVEY

SHERLOCK

That the recommendation contained within the officer report, marked at item 16 of the Open Council Agenda of 14 October 2024, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council waive a total of $24,651.20 (incl. GST) in community hire fees made up of the following specific amounts, for the use of Mathers or Criterion House for the following community led social support services, for the 2024-2025 financial year:

a)      Food Not Bombs                         $8,860.80

b)      Dining with Friends                      $1,533.60

c)      Circle of Love and Care              $2,953.60

d)      Pets in the Park                            $681.60

e)      Hobart Hamlet Association         $227.20

f)       Mutual Aid Kitchen                       $8,860.80

g)      Love Hobart                                   $1,533.60

2.      The value of the support to each organisation be recorded in the ‘Grants, Assistance and Benefits Provided’ section of the City of Hobart Annual Report.

17.      Governance Review - Establishment of Council Committee

SHERLOCK

KITSOS

That the recommendation contained within the officer report, marked at item 17 of the Open Council Agenda of 14 October 2024, be adopted, as amended by the addition of the words (in alphabetical order) after the word Chairperson in clause 7.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      Council establish a Council Committee called ‘The Hobart Workshop’, pursuant to section 23 of the Local Government Act 1993 in accordance with the Terms of Reference at attachment A, to be held twice monthly, commencing at 4.00pm and concluding no later than 8.00pm on Mondays.

2.      Council delegates to The Hobart Workshop, the following functions and powers:

(a)     Subject to clause 4, the Council delegates all of its functions and powers under the Local Government Act 1993 (Tas) and all other Acts, other than the Land Use Planning and Approvals Act 1993 (Tas), to The Hobart Workshop.

3.      Unless otherwise resolved by the Council, the Council does not delegate to The Hobart Workshop any of the following functions and powers:

(a)     Those listed in section 22(3) of the Local Government Act 1993 (Tas), being:

·    The borrowing of money or other financial accommodation.

·    The determination of the categories of expenses payable to councillors and any member of any committee;

·    The establishment of council committees, special committees, controlling authorities, single authorities or joint authorities;

·    The revision of the budget or financial statements of the Council;

·    The revision of the strategic plan and the annual plan of the Council;

·    The appointment of the General Manager;

·    The sale, donation, exchange or other disposal of land or public land;

·    The decision to exercise any power under section 21(1);

·    The making of by-laws;

·    The making of rates and charges under Part 9; and

·    Any other prescribed power; and

(b)     Adoption or revision of the Council’s:

·    Long-term Financial Management Plan;

·    Financial Management Strategy;

·    Long-term Strategic Asset Management Plan;

·    Asset Management Policy;

·    Asset Management Strategy; and

·    Regional and Municipal Strategies and Plans.

4.      Subject to sub-paragraph (a), the Council delegates all of its functions and powers as the planning authority under the Land Use Planning and Approvals Act 1993 (Tas) to The Hobart Workshop, other than its power of delegation.  The Committee has full power to make planning decisions on behalf of the Council.

(a)     The Council’s delegation of its functions and powers as the planning authority to The Hobart Workshop is conditional upon a matter being deferred to the Committee pursuant to:

(i) The Terms of Reference of the Planning Authority Committee; or

(ii) A decision of the Council.

5.      Council appoints the following seven Elected Members to be an Appointed Member of The Hobart Workshop:

·         Deputy Lord Mayor Councillor Dr Zelinda Sherlock

·         Councillor John Kelly

·         Councillor Louise Elliot

·         Alderman Louise Bloomfield

·         Councillor Ryan Posselt

·         Councillor Ben Lohberger

·         Councillor Gemma Kitsos

6.      Council confirms that an Appointed Member will temporarily cease to be an Appointed Member of The Hobart Workshop in the circumstances provided for by clause 4.5 of the Terms of Reference.

7.      Council appoints the following members to be the Chairperson (in alphabetical order) of The Hobart Workshop and authorises alterations to these appointments to be made by the Chief Executive Officer where the unavailability of an appointed Elected Member prevents them from completing their appointed role of Chairperson:

·    Alderman Louise Bloomfield as the Chairperson for January 2025.

·    Councillor Will Coats as the Chairperson for February 2025.

·    Councillor Mike Dutta as the Chairperson for March 2025.

·    Councillor Louise Elliot as the Chairperson for April 2025.

·    Councillor Bill Harvey as the Chairperson for May 2025.

·    Councillor John Kelly as the Chairperson for June 2025.

·    Councillor Gemma Kitsos as the Chairperson for July 2025.

·    Councillor Ben Lohberger as the Chairperson for August 2025.

·    Councillor Ryan Posselt as the Chairperson for September 2025.

·    The Lord Mayor Councillor Anna Reynolds as the Chairperson for October 2025.

·    The Deputy Lord Mayor Councillor Dr Zelinda Sherlock as the Chairperson for November 2025.

·    Alderman Marti Zucco as the Chairperson for December 2025.

8.      Council delegates to The Hobart Workshop its functions and powers under section 23(2) of the Local Government Act 1993.

9.      Council delegates to the Chief Executive Officer its functions and powers under section 23(2) of the Local Government Act 1993 (Tas) to appoint members of The Hobart Workshop in accordance with clauses 4.6 and 5.3 of the Terms of Reference.

10.    Council authorises the Chief Executive Officer to delegate the functions and powers delegated in accordance with Clause 9 to an employee of the Council.

11.    The Chief Executive Officer record these delegations in writing, signed by the Chief Executive Officer, in accordance with section 23AA(2)(b) of the Acts Interpretations Act 1931 (Tas).

12.    The ‘Meetings: Procedures and Guidelines’ policy and the ‘City of Hobart Governance Framework’ be updated as required to reflect this decision.

18.      2024-25 Annual Plan Progress Report for the period ending 30 September 2024

SHERLOCK
LOHBERGER

That the recommendation contained within the officer report, marked at item 18 of the Open Council Agenda of 14 October 2024, be adopted.

MOTION CARRIED
BY ABSOLUTE MAJORITY

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      Council notes the 2024-25 Annual Plan Progress Report for the period ending 30 September 2024, marked as Attachment A to item 18 of the Open Council Agenda of 18 October 2024.

2.      Council, by absolute majority, rescind the decision of 22 May 2023, that Annual Plan progress reports be the subject of a Council Workshop.

3.      Council notes that future Annual Plan Progress Reports will be provided in the month following the end of the period.

19.      Annual Complaints and Compliments Report 2023-24

SHERLOCK

POSSELT

That the recommendation contained within the officer report, marked at item 19 of the Open Council Agenda of 14 October 2024, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That in accordance with Section 339F (5) of the Local Government Act 1993, the Council notes the report marked as item 19 of the Open Council Agenda of 14 October 2024, in respect of the complaints and compliments received during the 2023-24 financial year.

20.      Code of Conduct Determination Report
Ms Nala Mansell v Councillor Louise Elliot

SHERLOCK

LOHBERGER

That the recommendation contained within the officer report, marked at item 20 of the Open Council Agenda of 14 October 2024, be adopted.

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 Ms Nala Mansell against Councillor Louise Elliot, shown as Attachment A to item 20 of the Open Council Agenda of 14 October 2024.

21.      Red-Light Enforcement

Motion

“That:

1.   The City of Hobart write to the Transport Minister, Department of State Growth and Tasmania Police requesting regular enforcement action of red-light compliance on the intersections listed below:

a.   Macquarie/Elizabeth

b.   Macquarie/Murray

c.   Davey/Campbell

d.   Davey/Elizabeth

e.   Davey/Murray

f.    Risdon/New Town

2.   The City note that combined speed and red-light cameras yield a high success rate and have been used successfully in other states of Australia.”

Rationale:

“In a review of the Pedestrian only signal phasing (scramble crossings), it was noted that Tasmanian’s have an unusually high rate of “redlight running” when compared to mainland counterparts. Anecdotal evidence abounds that suggests an increasing frequency of drivers disobeying red signals at intersections all around Hobart.

This is particularly concerning in areas with high pedestrian density and/or vulnerable road users. Cr Posselt wrote to the Transport Minister, Eric Abetz on 7^th May requesting enforcement action in the form of a speed/redlight camera at the intersection of Macquarie and Elizabeth Street. A response was received on 27^th June noting that red light running was not a primary contributor to fatal or serious injuries in Tasmania. In the five years between 2017 and 2022, failure to obey signals was a causal factor in just 2.2% of all fatal or serious injury crashes. We contend that given the dispersed nature of the Tasmanian population and the very limited number of traffic signal controlled intersections, that 2.2% is in-fact an over representation. What is more, City liveability and pedestrian comfort are not considered when we only review crash statistics. What is the psychological effect when time and again pedestrians witness vehicles progressing through busy intersections at speed as the green walking man signal appears for them to cross the road?

It limits the users trust in the signal system we have, and this is worsened by the number of pedestrians killed or injured in the Hobart CBD while crossing on a green walking man in recent years. It means that parents won’t trust their children will be able to move independently throughout the city. Equally it means that people with elderly relatives may not be confident with them moving independently through the city either. It results in a less comfortable CBD, where fewer people want to come and where some visitors preference intracity car use over walking.

This is borne out in evidence from Near Data that shows many cruise ship passengers do not cross the couplets of Macquarie and Davey streets to spend time and money in Hobart’s CBD because they view the traffic volumes and driver behaviour as too hostile to negotiate.

This rationale shows that drivers breaking the law are having an negative impact on life in the City of Hobart, decreasing trade, decreasing amenity and decreasing the subjective impression of safety. It is important to note that in the response to the written to Minister Abetz, State Growth was unable to provide/determine the number of red-light runners at Elizabeth Street and Macquarie street due to a lack of data despite the integrated signal control system known as SCATS collecting this data.

Other states have addressed this problem with use of combined red light speed cameras, such as NSW that has implemented this technology at 237 intersections around the state. You can read more about their camera program at the links below.

www.nsw.gov.au/driving-boating-and-transport/roads-safety-and-rules/safe-driving/speed-limits-and-cameras/red-light-speed-cameras

https://www.transport.nsw.gov.au/system/files/media/documents/2023/automated_enforcement_strategy.pdf”

22.      Advocacy for UTAS Sandy Bay Campus

Motion:

“That the Council:

1.   Note that the University of Tasmania is (outside of the State Government) the biggest economic actor in the City of Hobart, and that a thriving and successful University is critical to the success of the City, both economically and socially.

2.   Note the Elector Poll result from October 2022 in which the constituents of the City of Hobart voted 74% that they do {Not} support the University of Tasmania’s proposal to relocate the Sandy Bay campus into Hobart’s central business district.

3.   Note that the School of Law has announced it will not relocate from Sandy Bay, while acknowledging that the existing facilities and campus are ageing and require rejuvenation and investment.

4.   Note that there is a strong desire from students and staff for the STEM faculties to remain at the Sandy Bay campus, and that the University announced in May it would reassess if STEM was to move into the City, while acknowledging that the existing facilities and campus are ageing and require rejuvenation and investment.

5.   Note that the Sandy Bay campus has been deprived of funding, is ageing and requires rejuvenation and investment.

6.   Note that the City of Hobart takes no position on UTAS moving into the city and respects the autonomy of UTAS for its decision making; however, like all organisations seeks to encourage the University to act in the best interests of the community. 

7.   Note that under the Local Government Act 1993, section 28(2)c, councillors are; “to facilitate and encourage the planning and development of the municipal area in the best interests of the community;”

8.   Note that the University of Tasmania Sandy Bay site is a unique and unmatched community asset gifted for educational purposes and that it needs to be planned and developed in the best interests of the community.

9.   Agrees to include these points as position statements and advocacy talking points in any formal advocacy process and/or document produced by the City of Hobart.

10. Agrees to publicly call for UTAS to adequately invest in and support the Sandy Bay Campus.”

Rationale:

“This motion does not seek to take a position on the UTAS move into the city and given the debate that has already occurred does not seek to redebate that point.

Instead, this motion simply points out that circumstances have changed since the elector poll in 2022 and that there are now parts of the University that have committed to either staying at Sandy Bay or reassessing if they will move away from Sandy Bay.

The law school is the best example of this with the Dean of the Law School professor Gino Del Pont announcing in April that the law school would be staying in Sandy Bay.

Given that the local government act stipulates that Councillors, collectively, have a responsibility to facilitate and encourage the planning and development of the municipal area in the best interests of the community, it is incumbent on councillors to encourage that the Sandy Bay campus be appropriately planned and developed.

The City of Hobart is an influential voice in any advocacy work surrounding the development of Hobart and, being a capital city, regularly meets with Federal and State Ministers, development and regulatory bodies as well as influential stakeholder groups. 

We should be unafraid of encouraging development in the best interest of the community and in this instance take an active stance in encouraging a successful tenure for those elements of the University that are to be conducted from the Sandy Bay Campus.

It is entirely consistent with the goals of the City of Hobart to use our voice and advocate on behalf of the Sandy Bay campus to ensure it is as successful as possible for the elements of the University based there and to encourage investment and development of the Sandy Bay Campus for the betterment of the city.

A thriving and successful University is critical to a thriving and successful City of Hobart, and we need to be upfront in helping to advocate for, and support, the university in investing in and rejuvenating the Sandy Bay campus, especially now we know that there will be components staying there permanently. 

We know that the University is struggling financially, and so when the council is meeting with state or federal decision makers and funding bodies, we need to be clear that investment to support a thriving sandy bay campus is needed to support this critical institution for our city and is something the city supports notwithstanding having no position on the city move.

We also need to call on the University to ensure that they adequately invest in and support the Sandy Bay campus so it doesn’t fall further into poor condition.

Administration Response to Notice of Motion

Discussion

1.   Over the past year or so, work has commenced on preparing a Neighbourhood Plan for Mount Nelson and Sandy Bay. This plan is aimed at guiding the sustainable growth and development of this area over the course of a 20-year planning horizon, to 2044.

2.   The first step of the project was undertaken in 2023 and involved an extensive engagement program to consult key stakeholders and the community regarding various issues and opportunities outlined in a Discussion Paper.

3.   Council was then advised at the 29 April 2024 meeting on the outcomes of the engagement process and that the next step involved with progressing the plan would be preparing a Directions paper.

4.   This paper will examine a range of different scenarios to guide the future redevelopment of the UTAS Sandy Bay campus including the substantial retention of an educational use on the site.

5.   Another key component of the Directions Paper will be a detailed report analysing the capacity of both the Sandy Bay and Lower Sandy Bay Activity (Shopping) Centres to accommodate medium density development in the form of a Built Form Framework and Guidelines.

6.   Additionally, in response to community feedback regarding heritage protection, Council has engaged heritage consultants to investigate the current gaps in the statutory historic heritage listings in the study area and examine options for their ongoing future management.

7.   It is expected that the Directions Paper will be presented to Council in early 2025 and will subsequently be placed on public exhibition to seek feedback from the community and key stakeholders.

8.   This paper will then inform the recommendations to be included in the draft Neighbourhood Plan that will be developed in the later part of 2025.9.  Any advocacy that the Council may undertake in relation to funding for the Sandy Bay campus for example would be more effective were it to align with the endorsed Neighbourhood Plan and any corresponding investment by UTAS in the campus.

23.      RESPONSES TO QUESTIONS WITHOUT NOTICE

The Council is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairperson is not to allow discussion or debate on either the question or the response.

SHERLOCK

KITSOS                                                                                                                         

That the recommendation contained within the officer report, marked as item 23 of the Open Council Agenda of 14 October 2024, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the following responses to questions without notice be received and noted:

Memorandum of the Acting Director City Life 9 September 2024.

Memorandum of the Chief Executive Officer of 9 October 2024.

Memorandum of the Chief Executive Officer of 9 October 2024.

Memorandum of the Director City Enablers of 9 October 2024.

Memorandum of the Director City Futures of 9 October 2024.

24.      QUESTIONS WITHOUT NOTICE

Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

24.1    Councillor Coats - Heritage Officers Review of UTAS Buildings

Question:    In respect to the Sandy Bay UTAS Campus being reviewed by Heritage Officers, could the Director please advise:

(i)            Has a Heritage Officer been appointed to review the Sandy Bay UTAS buildings;

(ii)          What work is being undertaken;

(iii)         When will this work be reported back;

(iv)         Will Elected Members be provided with any assessment of the heritage values prior to the Sandy Bay Neighbourhood Plan being released in 2025; and;

(v)          A summary of works undertaken and timeframe?

Answer:       The Acting Director City Futures advised that the scope of the works was to review the heritage values of Sandy Bay / Mt Nelson, together with the Campus.  The review has been received in draft form and intend to report back to the Council as part of the directions paper early 2025.  This will include the final recommendations within the Neighbourhood Plan, expected to be released at the end of 2025.

24.2    Councillor Coats – Hobart Transport Strategy - Short Term Immediate Program – E-Bikes

Question:    Why was the funding ask in respect to the short term immediate program in relation to e-bikes as part of 6.4 of the Hobart Transport Strategy, not included as part of the advocacy document which Council has just endorsed?

Answer:       The Lord Mayor advised that grant opportunities arise regularly, with staff moving on these opportunities based on the themes of which Council has adopted, which may have quite tight deadlines.  The Chief Executive Officer further advised that there are a range of priorities that the Council has that are not all included it the advocacy document, such as the Annual Plan, strategies and when we find opportunities for Council actions to be funded, the City will seek this as a matter of course.

24.3    Councillor Coats - E-Bike Library

Question:    Has the Council decided that it will operate an e-bike library, by way of short term leasing of e-bikes?

Answer:       The Acting Director City Futures advised it is not the City’s intention to be running that form of business, however there is potentially an opportunity within the private sector who may have the ability to undertake this.

24.4    Councillor Posselt - Internal Steering Committee - Hobart Transport Strategy

Question:    Is it of my understanding that there is an Internal Steering Committee formed to assist with the implementations of the Hobart Transport Strategy?

Answer:       The Acting Director City Futures advised that it is the City’s intention to form a Steering Committee, for which the City is in the process of doing so.  The City has also set up a Sub-Committee in respect to the Parking Implementation Plan.

24.5    Councillor Elliott - Investigation Outcome

Question:    In September 2023, the Council forwarded correspondence to the Director of Local Government and the Anti-Discrimination Commissioner requesting that I be investigated.  Could you please advise if the Council has been provided with responses from the Director of Local Government and Anti-Discrimination Commissioner, as the community have been left hanging in regards to the outcome?

Answer:       The Manager Legal and Corporate Governance advised that yes, responses from three parties have been received and it is proposed that the responses are brought back to Council collectively.  It was further advised that it was expected that the responses would be provided to Elected Members via the Hub by the end of the week.

24.6    Councillor Elliot - Closure of Matters in Public Forum

Question:    As the direction in respect to the correspondence was requested in a public forum, could you please advise if it is possible to bring the responses back to an open forum for completeness and closure?

Answer:       The Manager Legal and Governance took the question on notice.

24.7    Councillor Kelly - The City as Planning Authority

Question:    The Council as Planning Authority which has the function to assess development applications, particularly large developments concerned with the proposed legislation in respect to being able to bypass Council and have the application assessed by independent non-political experts?

Answer:       The Acting Director City Life advised that the City has been provided with draft legislation in respect to the Development Assessment Panel.  When this legislation was first proposed, the City did have a Council endorsed position which was not to support the formation of the Development Assessment Panel.  Now that we do have the proposed legislation, the City will review and provide to Elected Members for feedback.

24.8    Councillor Kelly - Feedback - Development Appraisal Panel

Question:    Could the Acting Director City Life please advise if there is a deadline for the Council to provide feedback in respect to the legislation in respect to the Development Appraisal Panel?

Answer:       The Acting Director City Life advised that feedback would need to be received by 11 November 2024.

24.9    Lord Mayor Reynolds - Recirculation of the DAP

Question:    Given the interest in the matter of the Development Appraisal Panel, would it be possible for the recirculation of the DAP, together with the Council’s submission to Elected Members?

Answer:       The Acting Director City Life advised, yes this would be possible.

24.10  Councillor Dutta - Decisions of the Planning Authority

Question:    Could clarification please be given in respect to the ability to challenge and appeal decisions made by the new Development Assessment Panel?

Answer:       The Acting Director City Life advised that she has not yet thoroughly reviewed that legislation, however it is of her understanding that no, the decision of the proposed new Development Assessment Panel would not be able to be challenged nor appealed as it would be a one stop process.  

24.11  Lord Mayor Reynolds - DAP v's Planning Authority

Question:    Could the Acting Director City Life please advise if the Developer would have the choice to go down the DAP or Planning Authority path?

Answer:       The Acting Director City Life took the question on notice.

24.12  Councillor Harvey - Housing Crisis

Question:    Could the City write to the Business Council of Australia, that from a City of Hobart perspective, that the Council has not created the housing crisis due to not approving development applications?

Answer:       The Chief Executive Officer advised that he was not aware of the background to the comments made by the Business Council of Australia, however the CEO advised that he would be happy to investigate into the matter and prepare a response accordingly. 

24.13  Councillor Dutta - Planning Application Decisions

Question:    Could the Acting Director City Life or the Chief Executive Officer please clarify that the majority of planning decisions are made by the City’s Development Appraisal staff?

                     In addition to this, if a planning decision is made by the Planning Authority, could the Director please advise if these decisions can be appealed if the Applicant is in disagreement?

Answer:       The Acting Director City Life confirmed that the majority of decisions are made by the City’s staff under the appropriate delegation.  Furthermore if an Applicant and/or Representor are not happy with the decision which has been made by staff and/or the Planning Authority, the decision can be appealed.

24.14  Councillor Coats - Transport Signage Throughout the City of Hobart

Question:    As part of the Hobart Transport Strategy, Action 61 outlines improved signage within the CBD to encourage more efficient vehicle movements has been installed across the CBD, with overall reporting over the entire Strategy.  Therefore would it be possible to be provided with interim reporting back to Elected Members to see if this has been successful and/or the impact since implementation?

Answer:       The Acting Director City Futures took the question on notice. 

25.      Questions Taken on Notice During Debate

POSSELT

COATS

That the recommendation contained within the officer report, marked as item 25 of the Open Council Agenda of 14 October 2024, be adopted.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That the register of questions arising during debate, marked as Attachment A, to item 25 of the Open Council Agenda of 14 October 2024 be received and noted.

27.      Collins Street Tactical Bicycle Infrastructure Trial - Contingency Funding

KITSOS

HARVEY

That the recommendation contained within the officer report, marked as supplementary item 27 of the Open Council Agenda of 14 October 2024, be adopted.

SHERLOCK
ELLIOT

That Alderman Bloomfield be granted an extra two minutes to address the item.

MOTION CARRIED

VOTING RECORD

SHERLOCK

COATS

That Councillor Elliot be granted an extra one minute to address the item.

MOTION CARRIED

VOTING RECORD

SHERLOCK

BLOOMFIELD

That Councillor Coats be granted an extra one minute to address the item.

MOTION CARRIED

VOTING RECORD

POSSELT
LOHBERGER

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

MOTION CARRIED

VOTING RECORD

SHERLOCK
ELLIOT

That Councillor Kelly be granted an additional three minutes to address the item.

MOTION CARRIED

VOTING RECORD

COUNCIL RESOLUTION:

That:

1.      The Council note:

(i)      pursuant to part 2 of Regulation 8(6), advice from the State Government in relation to the Collins Street Tactical Bicycle Infrastructure Trial funding, was received subsequent to the distribution of the agenda.

(ii)     the matter is considered urgent as works in respect of the Collins Street Tactical Bicycle Infrastructure Trial need to be carried out prior to the next ordinary Council meeting in order to accord with the Council decision of 16 September 2024.

(iii)    advice, pursuant to Section 65 of the Local Government Act 1993, has been provided within the report marked at supplementary item 27 of the Open Council Agenda of 14 October 2024.

2.      The Council agrees to re-allocate $170,000 from the 2024-25 Capital Work Contingency funds for the purpose of fully funding the Collins Street Tactical Bicycle Infrastructure Trial.