Minutes
Open Portion
Monday, 28 February 2022
AT 5:00 pm
Council Chamber, Town Hall
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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28/2/2022 |
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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
9.1 50 Salamanca Place, Battery Point - Signage
9.3 5 Alexander Street, Sandy Bay - Demolition and Three Multiple Dwellings
Motions of which notice has been given
Finance and Governance Committee
11. COVID-19 Business Support Package Financial Update
12. Delegation - Use of Common Seal
13. Lease of Semaphore Cottage, Princes Park, Battery Point
Parks and Recreation Committee
14. Garrington Park, Lenah Valley - Proposed installation of New Barbeques Facilities update
15. Closed Portion of the Meeting
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Minutes (Open Portion) Council Meeting |
Page 4 |
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28/02/2022 |
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PRESENT:
The Lord Mayor Councillor A M Reynolds, the Deputy Lord Mayor Councillor H Burnet, Aldermen M Zucco, J R Briscoe, D C Thomas, Councillor W F Harvey, Alderman S Behrakis, Councillors M S C Dutta, Dr Z E Sherlock and W N S Coats.
APOLOGIES:
Nil.
LEAVE OF ABSENCE:
Alderman Dr P T Sexton
Councillor J Fox
Alderman Zucco arrived at the meeting at 5.10pm and was not present for items 1 to 4.
Councillor Coats arrived at the meeting at 5.17pm and was not present for items 1 to 8.
Councillor Sherlock declared an interest in item 10 and left the meeting at 5.55pm, returning at 5.58pm.
Alderman Behrakis declared an interest in item 14 and left the meeting at 6.00pm, returning at 6.01pm.
The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Tuesday, 15 February 2022, finds them to be a true record and recommends that they be taken as read and signed as a correct record.
SHERLOCK 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 Chief Executive Officer reports that the following Council workshop has been conducted since the last ordinary meeting of the Council.
Purpose: Capital City Strategic Priorities & Community and Business Survey
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Mr Corr put the following question which was taken on notice by the Lord Mayor. Elected Member Fuel Expenses When an elected member takes “leave of absence”, as Alderman Behrakis and Councillor Coats did, during May 2021, so they could be involved as candidates in the state government election , they were not paid the “Elected Member Allowances” as it would be unreasonable to do so. Why were “Fuel Expenses” paid (deemed reasonable) for the same period that “Elected Member Allowances” were not paid (deemed not reasonable)? May I please have a copy of the fuel-card statement for the period in question?
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Ms Elliot put the following questions which were taken on notice by the Lord Mayor. 1. Can the Council please confirm it is correct that the Lord Mayor stated in a recent letter to the Federal Government that Hobart is QUOTE “well placed to provide approximately asylum seekers with a new home”? Can the Council also advise if it views this statement as false or misleading given Hobart's rental vacancy rate is only 0.3%, the median rent for a 3 bed property in Hobart being $600 a week, there being over 4500 on the housing waiting list, migrant support services being strained and locals already sleeping in cars and tents and that informal offers of homestay accommodation are not stable or reliable housing solutions for new refugee arrivals? 2. Can the Council please advise what statistics State Government bodies have provided the Council with to date in relation to injuries and infringements associated with hire e-scooters? And, in the interests of transparency given injuries and infringements are a drain on public resources, can the Council commit to ensuring that any injury and infringement statistics the council receives from any source will be made publicly available in a timely manner?
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To your knowledge did the Lord Mayor, Anna Reynolds or any other elected members direct any staff to fly certain flags off the front of the Town Hall on Saturday 26th February and if so why? Response: The Chief Executive Officer advised that to my knowledge the Lord Mayor did not provide advice to any staff member or instruction to put a flag on the Town Hall as it would not be appropriate for that to occur in accordance with the Local Government Act 1993.
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My question is to the Lord Mayor When you participated in the protest against the forum including outside the Town Hall on Saturday did you make any attempts to discourage fellow protestors from obstructing access by attendees to the forum at an entrance to the Town Hall, offending, humiliating, intimidating, insulting and ridiculing volunteers such as myself and two other women authorised to be on the steps of the Town Hall and thereby breaching the Anti-Discrimination Act 1998, section 17 division 2 part 1, the very sections of the Act you claim forum organisers and speakers to be in breach of and finally did you make any attempts to discourage fellow protestors from refusing to follow instructions from authorised security staff to move off the Town Hall steps? Response: The Lord Mayor thanked Ms Stoneman for the questions and advised that the answer is no to all of the questions asked.
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That the following responses to public questions taken on notice, be received and noted. 5.2.1 Elected Member Fuel Expenses 5.2.2 Organisational Restructure and Grass Maintenance
Sherlock That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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Meeting date: 31 January 2022 |
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Raised by: Mr Brian Corr |
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Response Author: Kelly Grigsby (CEO) |
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Topic: Elected Member Fuel Expenses |
Question:
My question relates to the “Elected Member Expenses Report” (Nov.2020 to Oct.2021, copy attached) and, in particular, the following payments for “Fuel Expenses” in April 2021:
Ald Behrakis $497.51 excl GST = $547.62 incl GST
Cr Coats $410.60 excl GST = $451.66 incl GST
Both elected members were on 'Leave of Absence' during the claim period, April 2021, being candidates in the state election.
Ald Behrakis claimed an average of $151.69 (incl GST) across the other 11 months of the year, so $547.62 is a major increase, c.3.6 times the average, while on 'Leave of Absence'.
Cr Coats claimed an average of $152.66 (incl GST) across the other 11 months of the year, so $451.66 is a major increase, c.3 times the average, also while on 'Leave of Absence'.
A rough guess is that Ald Behrakis would have travelled c.3,000km, with Cr Coats c.2,500km, based on $1.40 per litre and 8km per litre.
I understand that elected members have a generous petrol allowance, and that there is no separate allowance for depreciation, insurance, servicing, tyres, etc., but in my opinion, these claims, a period when on 'Leave of Absence', doesn't pass the 'pub test'.
· why were these claims accepted and paid, given that they cover a period when Ald Behrakis and Cr Coats were on 'Leave of Absence'; candidates in the state election?
· may I please have a copy of the petrol-station receipts involved?
Response:
Regulation 43 of the Local Government (General) Regulations 2015 provides that a councillor is entitled to be reimbursed for reasonable expenses incurred whilst they are carrying out the functions of office, pursuant to section 28 of the Local Government Act 1993, and that expenses claimed are in accordance with the policy adopted by Council. Under the regulation, travelling expenses are listed as a reasonable expense.
The policy
adopted by the Council is the Elected Member Development and Support Policy. In
respect of travelling costs, the policy allows elected members the use of a
fuel card with a maximum allocation 1,500 litres of fuel over a
12 month period, November to October.
It is the responsibility of each elected member to ensure that any expenses claims made, including travel, are in accordance with provisions of the Regulations.
Where an elected member exceeds the annual allocation of 1,500 litres, an invoice is issued to the elected member to reimburse the Council for the excess usage.
As fuel is redeemed using a fuel card, petrol-station receipts were not obtained from Alderman Behrakis and Councillor Coats so are therefore not available.
As is good practice, this policy will be reviewed before the end of the current Council term.
Meeting date: 15 February 2022 |
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Raised by: Ms Louise Elliot |
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Response Author: Kelly Grigsby (CEO) |
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Topic: Organisational Restructure and Grass Maintenance |
Question 1:
Organisational Restructure
In The Mercury on 19 November, the Chief Executive Officer (CEO) stated that a new structure for the Council had been released and referred to the Council needing to deliver "new things" and "more services" and influence "more decisions".
I have tried to find out more about these changes by email and checking the council’s publicly available information but have not been successful.
· Can the Council please make a high-level copy of the new organisational structure publicly available and advise what services have been added and removed and what additional decisions the council is wanting to influence?
· Can the Council also please state what, if any, say ratepayers have had into the changes to services and new areas of influence?
Response:
An Organisational Transformation Project was launched by the CEO in June 2021. The project is designed to help the City of Hobart better meet current and emerging community needs and aspirations.
The Transformation Project has three phases. Phase 1 was undertaken in close consultation with staff and has resulted in the development of a new organisational structure. Phase 2 is about implementing the new structure which includes setting up a cross divisional working group that supports all staff to embrace our new culture and ways of working; the Executive Leadership Team will review the objectives of their Divisions based on clear expectations; all managers will participate in a program to embed our new culture and ways of working; consider the future and currency of the community vision to ensure it meets community expectations; refresh our Capital City Strategic plan to reflect the vision and make the most of emerging opportunities; review our Long Term Financial Management Plan and review annual planning and annual budgeting processes including individual and team performance planning. Phase 3 will involve a review of the City’s services to interrogate their efficiency and relevance; it will also involve reviewing our ways of working including the City’s processes and systems.
At this stage, City officers are mapping functions and responsibilities in order to move to a full implementation of the new structure by 28 February 2022 and have not commenced a review of services.
In 2021, the City undertook a comprehensive community and business survey. These surveys measure satisfaction with the City’s decision making and explores the issues facing business and community. These surveys will be undertaken on an annual basis.
The City of Hobart has a responsibility to lead and shape Hobart as the city changes; there is no doubt Hobart is growing and this has been highlighted and accelerated by the COVID-19 pandemic.
In order to respond to these changes, the City of Hobart’s organisational structure needs to be contemporary, agile, responsive and have a strong capacity to deliver the services the community wants and needs.
Question 2:
Grass Maintenance
When a community member recently enquired about the grass on council land in their street being nearly a metre high, they were told by the Council that QUOTE “there is only funding for four cycles of grass maintenance each financial year.”
Dense vegetation up to waist height is prevalent across many areas across the city. This is not only unattractive but also dangerous.
· Can this core business council policy please be updated so that grass is cut as required, not only based on a calendar schedule?
· Can the council fund this policy change through the reallocation of existing resources from lesser priorities rather than through increases to rates and fees?
Response:
The contract for roadside vegetation maintenance and Council reserves is managed though a local contractor and with Council’s own mowing crews respectively.
Despite funding allocations for these works having been reduced as a result of Council’s reduced income due to the economic impact of the COVID-19 pandemic, the contract for roadside vegetation maintenance remains significant at over $100,000 for each of the four annual treatments.
The contract does allow for an adjusted schedule to increase the number of cuts per year or return more quickly than scheduled to a particular site. This has occurred with priority given to areas where maintenance is required to ensure public safety.
The roadside maintenance program remains on schedule however the increased growth has required greater effort and more time at each site. COVID-19 has also impacted the contractor and Council’s ability to deliver any more significant increase in resources that what is currently occurring.
The management of these works is assessed against all priorities across the parks, playgrounds, sportsgrounds, facilities and reserves functions and the funding for this has been maintained as much as possible in the face of necessary budget tightening during this pandemic.
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The Chief Executive Officer tabled a petition from Mr Thomas Roberts of 4 Pillinger St Dynnyrne calling for the Council to withdraw any approval and reject Tas Networks plan to relocate a concrete based high voltage transformer to a new proposed 7 meter high concrete electricity pole on the narrow footpath of Pillinger Street. There were 2 signatories to the petition.
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BEHRAKIS
That the petition be received and referred to the appropriate Committee. |
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MOTION CARRIED VOTING RECORD
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a Petition - Tas Networks Transformer Relocation - Pillinger Street ⇨ |
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The Chief Executive Officer tabled a petition from Professor Pam Sharpe opposing the relocation of UTAS from Sandy Bay into the City and calling on the Council to convene a public meeting and that any support from the Council be suspended until the public meeting is held. There were 1732 signatories to the petition.
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BEHRAKIS
That the petition be received and referred to the appropriate Committee and/or actioned by the administration. |
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MOTION CARRIED VOTING RECORD
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a Petition - UTAS - Relocation Sandy Bay to the City ⇨ |
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.
Members of the Committee 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 Committee has resolved to deal with.
The following interest was indicated:
1. Alderman Behrakis - item 14
2. Councillor Sherlock - item 10
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 50 Salamanca Place, Battery Point - Signage PLN-21-863 - File Ref: F22/13808 Ref: Open CPC 7.1.1, 21/02/2022 Application Expiry Date: 24 March 2022 |
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That pursuant to the Sullivans Cove Planning Scheme 1997, the Council, in accordance with the delegations contained in its terms of reference, approve the application for signage at 50 Salamanca Place, Battery Point, TAS 7004, for the reasons outlined in the officer’s report attached to item 7.1.1 of the Open City Planning Committee agenda of 21 February 2022 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 PLN21863 50 SALAMANCA PLACE BATTERY POINT TAS Final Planning Documents, except where modified below.
Reason for condition To clarify the scope of the permit.
ADVICE The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
GENERAL EXEMPTION (TEMPORARY) PARKING PERMITS You may qualify for a General Exemption permit for construction vehicles i.e. residential or meter parking/loading zones. Click here for more information.
PERMIT TO CONSTRUCT PUBLIC INFRASTRUCTURE You may require a permit to construct public infrastructure, with a 12 month maintenance period and bond (please contact the Hobart City Council's City Amenity Division to initiate the permit process).
WORK WITHIN THE HIGHWAY RESERVATION Please note development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information.
Part B
That the appropriate committee consider the further installation of a plaque commemorating the National Council of Women involvement in conducting a market within the Salamanca precinct prior to the establishment of the Council’s own Salamanca Market.
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Behrakis That the recommendation be adopted.
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MOTION CARRIED VOTING RECORD
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9.2 345 Sandy Bay Road, Sandy Bay and Adjacent Road Reserve - Demolition, New Building for 7 Multiple Dwellings, and Associated Works PLN-21-580 - File Ref: F22/14016 Ref: Open CPC 7.2.1, 21/02/2022 Application Expiry Date: 1 March 2022 |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for demolition, new building for 7 multiple dwellings, and associated works at 345 Sandy Bay Road, Sandy Bay, TAS 7005, for the reasons outlined in the officer’s report attached to item 7.2.1 of the Open City Planning Committee agenda of 21 February 2022 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 PLN21580 345 SANDY BAY ROAD SANDY BAY TAS 7005 Final Planning Documents, except where modified below.
Reason for condition To clarify the scope of the permit.
TW The use and/or development must comply with the requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2021/01581HCC dated 22/9/2021 as attached to the permit.
Reason for condition To clarify the scope of the permit.
PLN s4 The bedroom windows adjacent to and above the shared driveway must be screened, or otherwise designed, to minimise unreasonable impact of vehicle noise or vehicle light intrusion. These windows include those within the northwestern elevation of the development, except for the bedroom window of unit 1, and the southeast facing bedroom windows of units 3 and 5.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement that demonstrate likely compliance with this condition.
All work required by this condition must be undertaken in accordance with the approved revised plans.
Advice: This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.
Reason for condition To provide a reasonable opportunity for privacy for dwellings.
ENG sw6 All stormwater from the proposed development (including hardstand runoff) must be discharged to the Council’s stormwater infrastructure with sufficient receiving capacity prior to first occupation. All costs associated with works required by this condition are to be met by the owner.
Design drawings and calculations of the proposed stormwater drainage and connections to the Council's stormwater infrastructure must be submitted and approved prior to the commencement of work. The design drawings and calculations must:
1. prepared
by a suitably qualified person; and, 2. include
long section(s)/levels and grades to the point of discharge, 3. the
size of the connection appropriate to satisfy the needs of the development, 4. the proposed pump system.
All work required by this condition must be undertaken in accordance with the approved design drawings and calculations.
Advice: The applicant is advised to submit detailed design drawings and calculations as part of their plumbing permit application.
Reason for condition To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.
SW 8 All stormwater runoff from impervious surfaces within the site must be treated and discharged from the site using Water Sensitive Urban Design principles to achieve stormwater quality and quantity targets in accordance with the State Stormwater Strategy 2010.
Detailed engineering designs accompanied with a report on all stormwater design parameters and assumptions or a model using industry accepted proprietary software, such as MUSIC, must be submitted and approved prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first).
A maintenance management schedule must also be submitted and the facility must be maintained in accordance with this schedule.
SW 9 Prior to occupancy or the commencement of the approved use (whichever occurs first), stormwater pretreatment and detention for stormwater discharges from the development must be installed.
A stormwater management report and design must be submitted and approved prior to the issue of any approval under the Building Act 2016 or the commencement of work on the site (whichever occurs first). The stormwater management report and design must be prepared by a suitably qualified engineer and must:
1. include detailed design of the proposed treatment train, including final estimations of contaminant removal;
2. include
detailed design and supporting calculations of the detention tank showing: · detention tank sizing such that there is
no increase in flows from the developed site up to 5% AEP event and no
worsening of flooding; · the layout, the inlet and outlet
(including long section), outlet size, overflow mechanism and invert
level; · the discharge rates and emptying times; and all assumptions must be clearly stated; 3. include a supporting maintenance plan, which specifies the required maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.
All work required by this condition must be undertaken and maintained in accordance with the approved stormwater management report and design.
ENG 3b The following aspects of the circulation roadway and parking area require further detailed design(s) regarding the: 1. Stop
Light fixture(s) to facilitate signalized onsite vehicle movement,
and 2. Final pavement marking(s), or signposting(s), nominated for passing and waiting bays.
This documentation must be submitted and approved as a condition endorsement, prior to the issuing of any approval under the Building Act 2016.
The detailed designs must:
1. be
prepared and certified by a suitably qualified engineer, 2. be
in accordance with, and reference, relevant Australian Standards, 3. show
where the design deviates from relevant Australian Standards, it must be
demonstrated how that the design will still provide a safe and efficient
access, and enable safe, easy and efficient use, and, 4. show final dimensions, typical details, and any other details as Council deem necessary to satisfy this condition. Prior to first occupation or commencement of use (whichever occurs first), the circulation roadway and parking area must be constructed in accordance with the detailed designs approved by this condition (ENG 3b).
Reason for condition To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
ENG 3c Prior to first occupation or commencement of use (whichever occurs first), a suitably qualified engineer must certify that the circulation roadway and parking area has been constructed in accordance with design drawings approved by Condition ENG 3b.
Advice: We strongly encourage you to speak to your engineer before works begin so that you can discuss the number and nature of the inspections they will need to do during the works in order to provide this certification. It may be necessary for a surveyor to also be engaged to ensure that the driveway will be constructed as approved.
The reason this condition has been imposed as part of your planning permit is that the driveway is outside the Australian Standard gradients or design parameters. If the driveway is not constructed as it has been approved then this may mean that the driveway will either be unsafe or will not function properly.
An example certificate is available on our website.
Reason for condition To ensure the safety of users of the access and parking module, and compliance with the relevant Australian Standard.
ENG 4 Prior to first occupation or commencement of use (whichever occurs first), the access driveway, circulation roadway, and parking modules approved by this permit must be constructed to a sealed standard (spray seal, asphalt, concrete, pavers, or equivalent Council approved) and surface drained to the City's stormwater infrastructure.
Reason for condition To ensure the safety of users of the access driveway and parking module, and that it does not detract from the amenity of users, adjoining occupiers or the environment by preventing dust, mud and sediment transport.
ENG 5 The number of car parking spaces approved for use on site, by this permit, is Ten (10).
Prior to first occupation or commencement of use (whichever occurs first), all bays (passing, parking, and waiting) must be delineated by means of white or yellow lines 80mm to 100mm wide, or white or yellow pavement markers in accordance with Australian Standards AS/NZS 2890.1 2004, and the passing and waiting bays must also be clearly pavement marked or signposted (e.g. No Parking).
Reason for condition To ensure the provision of parking for the use is safe and efficient.
Advice That consideration be given to providing compliant accessible car parking spaces in the basement car park.
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, preexisting damage) will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner/developer fails to provide to the Council a photographic record of the Council’s infrastructure, then any damage to the Council's infrastructure found on completion of works will be deemed to be the responsibility of the owner.
Reason for condition To ensure that any of the Council's infrastructure and/or siterelated service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.
ENG r3 Prior to the commencement of use, the proposed driveway crossover on the Earl Street highway reservation must be designed and constructed in accordance with:
· Urban
TSDR09v1 – Urban Roads Driveways and TSD R14v1 Type KC
vehicular crossing; · Footpath Urban Roads Footpaths TSDR11v2.
Design drawings must be submitted and approved as a Condition Endorsement prior to any approval under the Building Act 2016. The design drawings must:
1. Detail
any services or infrastructure (ie light poles, pits, awnings) at or near the
proposed driveway crossover; 2. Be prepared and certified by a suitable qualified person, to satisfy the above requirements.
All work required by this condition must be undertaken in accordance with the approved drawings.
Advice: This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.
Please note that your proposal does not include adjustment of footpath levels. Any adjustment to footpath levels necessary to suit the design of proposed floor, parking module or driveway levels will require separate agreement from Council's Road Services Engineer and may require further planning approvals. It is advised to place a note to this effect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement.
Reason for condition To ensure that works will comply with the Council’s standard requirements.
ENV 2 Sediment and erosion control measures, in accordance with an approved soil and water management plan (SWMP), must be installed prior to the commencement of work and maintained until such time as all disturbed areas have been stabilised and/or restored or sealed to the Council’s satisfaction.
A SWMP must be submitted as a Condition Endorsement prior to the issue of any approval under the Building Act 2016 or the commencement of work, whichever occurs first. The SWMP must be prepared in accordance with the Soil and Water Management on Building and Construction Sites fact sheets (Derwent Estuary Program, 2008), available here.
All work required by this condition must be undertaken in accordance with the approved SWMP.
Advice: This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit.
Reason for condition To avoid the pollution and sedimentation of roads, drains and natural watercourses that could be caused by erosion and runoff from the development.
ADVICE The following advice is provided to you to assist in the implementation of the planning permit that has been issued subject to the conditions above. The advice is not exhaustive and you must inform yourself of any other legislation, bylaws, regulations, codes or standards that will apply to your development under which you may need to obtain an approval. Visit the Council's website for further information.
Prior to any commencement of work on the site or commencement of use the following additional permits/approval may be required from the Hobart City Council.
CONDITION ENDORSEMENT If any condition requires that further documents are submitted and approved, you will need to submit the relevant documentation to satisfy the condition via the Condition Endorsement Submission on Council's online services eplanning portal. Detailed instructions can be found here.
Once approved, the Council will respond to you via email that the condition has been endorsed (satisfied).
Where building approval is also required, it is recommended that documentation for condition endorsement be submitted well before submitting documentation for building approval. Failure to address condition endorsement requirements prior to submitting for building approval may result in unexpected delays.
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 will require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.
NEW SERVICE CONNECTION Please contact the Hobart City Council's City Amenity Division to initiate the application process for your new stormwater connection.
STORMWATER Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information.
WORK WITHIN THE HIGHWAY RESERVATION Please note development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information.
DRIVEWAY SURFACING OVER HIGHWAY RESERVATION If a coloured or textured surface is used for the driveway access within the Highway Reservation, the Council or other service provider will not match this on any reinstatement of the driveway access within the Highway Reservation required in the future.
ACCESS Designed in accordance with LGAT IPWEA – Tasmanian standard drawings. Click here for more information.
CROSS OVER CONSTRUCTION The construction of the crossover can be undertaken subject to Council approval of the design. Click here for more information.
NOISE REGULATIONS Click here for information with respect to noise nuisances in residential areas.
WASTE DISPOSAL It is recommended that the developer liaise with the Council’s Cleansing and Solid Waste Unit regarding reducing, reusing and recycling materials associated with demolition on the site to minimise solid waste being directed to landfill.
Further information regarding waste disposal can also be found on the Council’s website.
FEES AND CHARGES Click here for information on the Council's fees and charges.
DIAL BEFORE YOU DIG Click here for dial before you dig information.
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Behrakis That the recommendation be adopted.
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MOTION CARRIED VOTING RECORD
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9.3 5 Alexander Street, Sandy Bay - Demolition and Three Multiple Dwellings PLN-21-643 - File Ref: F22/14132 Ref: Open CPC 7.2.4, 21/02/2022 Application Expiry Date: 1 March 2022 |
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That pursuant to the Hobart Interim Planning Scheme 2015, the City Planning Committee recommends that the Council approve the application for the use/development of the land for the purpose of demolition and three multiple dwellings at 5 Alexander Street, Sandy Bay 7005, subject to the following conditions, on the basis that the requirements of the Hobart Interim Planning Scheme 2015 are satisfied, including clauses E13.8.1 P1 and E13.8.2 P1: GEN The use and/or development must be
substantially in accordance with the documents and drawings that comprise
PLN-21-643 - 5 Alexander Street, Sandy Bay 7005 Final Planning Documents,
except where modified below.
TW The use and/or development must comply with
the requirements of TasWater as detailed in the form Submission to Planning
Authority Notice, Reference No. TWDA 2021/01630-HCC dated 15.12.21 as
attached to the permit. ENG sw6 All stormwater from the proposed development
(including hardstand runoff) must be discharged to the Council’s
stormwater infrastructure with sufficient receiving capacity prior to first
occupation. All costs associated with works required by this condition are to
be met by the owner. 1. prepared by a suitably qualified person; and 2. include long section(s)/levels and grades to the point of discharge.
SW 9 Prior to occupancy or the commencement of the approved
use (whichever occurs first), stormwater and detention for stormwater
discharges from the development must be installed. 1. include detailed design and supporting calculations of the detention tank showing: 1. detention tank sizing such that there is no increase in flows from the developed site up to 5% AEP event and no worsening of flooding; 2. the layout, the inlet and outlet (including long section), outlet size, overflow mechanism and invert level; 3. the discharge rates and emptying times; and 4. all assumptions must be clearly stated; 2. include a supporting maintenance plan, which specifies the required maintenance measures to check and ensure the ongoing effective operation of all systems, such as: inspection frequency; cleanout procedures; descriptions and diagrams of how the installed systems operate; details of the life of assets and replacement requirements.
ENG 3a The access driveway, domestic driveway, and parking modules (car parking spaces, aisles, and manoeuvring areas) must be constructed in accordance with the following documentation which forms part of this permit: 1. S&E REF 21207 dated 7/6/21, received by the Council on 9/12/21, and 2. Preston Lane Project No 20086, received by Council on 9/12/21.
Reason for condition ENG 3c Prior to first occupation or commencement of use (whichever occurs first), a suitably qualified engineer must certify that the access driveway, domestic driveway, and parking modules (car parking spaces, aisles, and manoeuvring areas) approved by this permit have been constructed in accordance with design drawings approved by Condition ENG 3a.
Advice:
Reason for condition ENG 4 Prior to first occupation or commencement of
use (whichever occurs first), the access driveway, domestic driveway, and
parking modules (car parking spaces, aisles, and manoeuvring areas) approved
by this permit must be constructed to a sealed standard (spray seal, asphalt,
concrete, pavers or equivalent Council approved), and surfaces drained to the
Council's stormwater infrastructure. ENG 5 The number of car parking spaces approved by
this permit for use on site is Six (6). ENG 11 Prior to first occupation or commencement of use (whichever occurs first), the proposed crossover to the Alexander Street highway reservation must be designed and constructed in general accordance with: 1. LGAT Standard Drawing - Urban - TSD-R09-v3 – Urban Roads Driveways, and TSD R14-v3 Type KC vehicular crossing. Advice: · Local Government Association (LGAT) Tasmanian Standard Drawings (TSD) can be viewed electronically via the LGAT Website. · Please note that your proposal does not include adjustment of footpath levels. Any adjustment to footpath levels necessary to suit the design of proposed floor, parking module or driveway levels will require separate agreement from Council's Road Services Engineer and may require further planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement. · You are likely to require a Permit to Open Up and Temporarily Occupy a Highway (for work within the highway reservation). Click here for more information.
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.
ENG r3 Prior to the commencement of use, the proposed driveway crossover on the Alexander Street highway reservation must be designed and constructed in accordance with: · Urban - TSD-R09-v3 – Urban Roads Driveways and TSD R14-v3 Type KC vehicular crossing;
1. Show the cross and long section of the driveway crossover within the highway reservation and onto the property; 2. Detail any services or infrastructure (ie light poles, pits, awnings) at or near the proposed driveway crossover; 3. If the design deviates from the requirements of the TSD, then demonstrate that a B85 vehicle or a B99 depending on use (AS/NZS 2890.1 2004, section 2.6.2), can access the driveway from the road pavement into the property without scraping the vehicle's underside; 4. Be prepared and certified by a suitable qualified person, to satisfy the above requirements. All work required by this condition must be
undertaken in accordance with the approved drawings. · This condition requires further information to be submitted as a Condition Endorsement. Refer to the Condition Endorsement advice at the end of this permit. · Please note that your proposal does not include adjustment of footpath levels. Any adjustment to footpath levels necessary to suit the design of proposed floor, parking module or driveway levels will require separate agreement from Council's Road Services Engineer and may require further planning approvals. It is advised to place a note to this affect on construction drawings for the site and/or other relevant engineering drawings to ensure that contractors are made aware of this requirement. · Please note that the council will not be carrying out the construction works for the vehicle crossing, it will need to be organized by the developer. Reason for condition ENV 2 Sediment and erosion control measures, in
accordance with an approved soil and water management plan (SWMP), must be
installed prior to the commencement of work and maintained until such time as
all disturbed areas have been stabilised and/or restored or sealed to the
Council’s satisfaction. HER 17a The palette of exterior colours must reflect
the palette of colours within the local streetscape and precinct. Advice The applicant is encouraged to consider retaining some or all of the front hedge. 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. CONDITION ENDORSEMENT If any condition requires that further documents
are submitted and approved, you will need to submit the relevant
documentation to satisfy the condition via the Condition Endorsement
Submission on Council's online
services e-planning portal.
Detailed instructions can be found here. BUILDING PERMIT You may need building approval in accordance
with the Building Act 2016. Click here for more information. 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 to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information. BUILDING OVER AN EASEMENT In order to build over the service easement, you will require the written consent of the person on whose behalf the easement was created, in accordance with section 74 of the Building Act 2016. STORM WATER Please note that in addition to a building and/or plumbing permit, development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information. WORK WITHIN THE HIGHWAY RESERVATION Please note development must be in accordance with the Hobart City Council’s Infrastructure By law. Click here for more information. ACCESS Designed in accordance with LGAT- IPWEA
– Tasmanian standard drawings. Click here for
more information. FEES AND CHARGES Click here for information on the Council's fees and charges. DIAL BEFORE YOU DIG Click here for dial before you dig information.
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Burnet HARVEY That the recommendation be adopted.
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MOTION CARRIED VOTING RECORD
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IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015
Councillor Sherlock declared an interest in item 10 and left the meeting at 5.55pm, returning at 5.58pm.
File Ref: F22/15692 |
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“That a report be provided to:
1. Determine how independent inquiry can be instituted (or supported if say the State Parliament is of the mind to have a select committee or similar) to determine whether or not the UTAS’s move into the CBD and the conversion of the current Sandy Bay campus into a mixed use zone is for the benefit or otherwise of the residents, businesses, students and generally the community of greater Hobart.
Following such an inquiry the Council determine whether or not to support the UTas move to the CBD.
2. The report should suggest scope including the Terms of Reference of such an inquiry. These terms should at least include;
(i) The consultation, the steps and decisions and reports that both the UTas and the City Council have currently taken to date from 2015 (ii) Effect on amenity or otherwise on the residents of Sandy Bay and other inner city suburbs. (iii) Effect on the CBD businesses, (iv) Effect on traffic flow and parking in the CBD and in Sandy Bay and other inner city suburbs (vii) The short and long term ramifications to the budget of the City (viii) The capital expenditure on infrastructure by the City Council that is required and over what period. 3. The report should canvas how the inquiry should seek public submissions via correspondence or community meetings or by interview and/or an elector poll at the next council election.
Rationale:
“Considerable disquiet and concern has being expressed in our community and in academic and business circles about UTAS’s ‘utopian’ plans. An independent comprehensive inquiry is required. The actual framework and terms of reference of such an inquiry and who does it justifies a report from council officers.
It may be that such an independent inquiry could be done by the City’s external auditors or the State Parliament via its select committee process. Both are options that are available but there could be more.
In the next few weeks there will be a public meeting that a significant citizens group will have petitioned the council to run and the council will need to prepare itself to be accountable to its residents.
The UTAS’s plan to totally relocate its Hobart campus to the CBD and converting its current Sandy Bay campus into a massive mixed use real estate development without any independent assessment of the benefits or otherwise to education, the economy to the City and the residents of greater Hobart could be considered to have all the hallmarks of a gigantic and unquantified risk to the reputation and the finances of the Hobart City Council and to the livelihood of its residents and businesses.
The university has its Antarctic & Marine Studies programs, medical, nursing, art and music already in various locations in the city. These seem logical and have been incremental moves over a long period of time with good justification. For example moving nursing from Launceston to the Domain to the refurbished old university buildings close to the RHH or the medical school co-locating with Menzies Centre or the Antarctic and Marine Studies close to the waterfront and the arts close to the theatres.
UTAS claims that it will spend $600 million in the CBD on new buildings and refurbishing its many purchased properties that were previously hospitality or retail businesses.
The quantum of expenditure may be correct but the resulting developments would exempt from rates due to the institution being classed as a charity. Whilst it has offered some ‘rates equivalent’ for 10 years, this will diminish to zero at the end of the period leaving the ratepayers to pick up the tab.
Major infrastructure upgrades alone on city owned assets such as roads and footpaths would cost the City many millions of dollars just for the proposed ‘greening of Melville St’ let alone other consequential expenditure (such as maintenance) required to do by the City. Where is the analysis to quantify, justify and budget for?
The sheer size of UTAS’s real estate proposal will have a massive effect on the CBD core businesses (particularly retail and hospitality) and as well on the suburb of Sandy Bay with an anticipated 2700 new residences. The largest real estate development in Hobart’s history with no independent assessment could be considered totally foolhardy and risky.
The City in its dealings with other large real estate developers do not rely on the developers own PR which seems to be the case here.
It is time to independently assess and model the effect on the traffic flow and congestion, parking, education, shopper visitation to the city, current CBD businesses in the CBD and Sandy Bay before it is inevitable that UTAS has achieved its purposes.
To leave a beautiful, leafy, well situated, spacious Campus at Sandy Bay to move a short walkable distance into the central business district is truly a courageous but possibly a decision that the City and its future residents may regret.
It is my view that the UTAS’s move is a financial one and the return from selling the real estate in Sandy Bay is the key underlying motive which would reap billions of dollars to the university but at what cost to the City? We need to know.”
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COUNCIL RESOLUTION:
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Alderman Briscoe advised the meeting that he wished to withdraw the motion and for it not to proceed at this stage.
The motion therefore lapsed in accordance with regulation 16(7) of the Local Government (Meeting Procedures) Regulations 2015.
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11. COVID-19 Business Support Package Financial Update File Ref: F22/12075 Ref: Open FGC 6.1, 22/02/2022 |
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That: 1. The Passport to Hobart Campaign be endorsed as an addition to the other business support initiatives. 2. The $100,000 redirected from the major events sponsorship budget be utilised to deliver these business support initiatives. 3. Council Officers specifically engage with the retailer sector to better understand what support can be offered.
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ZUCCO BURNET That the recommendation be adopted. |
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MOTION CARRIED
VOTING RECORD
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12. Delegation - Use of Common Seal File Ref: F22/9942 Ref: Open FGC 6.2, 22/02/2022 |
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That the Council endorse the delegation in respect to the affixation of the Common Seal in accordance with the instrument of delegation marked as Attachment A to item 6.2 of the Finance and Governance Committee agenda of 22 February 2022.
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ZUCCO THOMAS That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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13. Lease of Semaphore Cottage, Princes Park, Battery Point File Ref: F22/15378; 15/153-587 Ref: Open FGC 6.3, 22/02/2022 |
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That: 1. The Council grant a lease of the Semaphore Cottage, Princes Park, Battery Point, to the Collection of Medical Artefacts (Tasmania) for a period of 5 years at a nominal rent in accordance with the Council’s Policy: Leases to Non-Profit Organisations. 2. The benefit provided by Council be reported in the Council’s Annual Report in accordance with the Council’s Policy: Leases to Non-Profit Organisations. 3. The Chief Executive Officer be delegated the authority to negotiate and agree to the final lease terms.
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ZUCCO SHERLOCK That the recommendation be adopted. |
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MOTION CARRIED VOTING RECORD
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Alderman Behrakis declared an interest in item 14 and left the meeting at 6.00pm, returning at 6.01pm.
14. Garrington Park, Lenah Valley - Proposed installation of New Barbeques Facilities update File Ref: F22/8087 Ref: Open PRC 6.1, 17/02/2022 |
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That the proposal to develop BBQ and shelter facilities at Garrington Park, Lenah Valley not progress at this time.
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BRISCOE SHERLOCK 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 · Renewal of a contract including details of the terms and conditions of renewal · Commercial 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-19-345 - Cableway and Associated Facilities, Infrastructure and Works - 100 Pinnacle Road Mount Wellington and 30 McRobies Road, South Hobart and Adjacent Road Reserve - Appeal LG(MP)R 15(4)(a) Item No. 7 Risk and Audit Panel - Appointment of Independent Member LG(MP)R 15(2)(d) Item No. 8 Risk and Audit Panel - Amended Terms of Reference and 2022 Work Plan LG(MP)R 15(2)(a) and (c)(iii) Item No. 9 Strategic Priorities LG(MP)R 15(2)(g)
sHERLOCK 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 6.02pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
15th DAY OF MARCH 2022.
CHAIRMAN