Minutes
Open Portion
Monday, 28 March 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.
|
Minutes (Open Portion) Council Meeting |
Page 3 |
|
28/3/2022 |
|
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
10. Short Stay Accommodation - Proposed Amendments to the Hobart Interim Planning Scheme
11. Monthly Building Statistics - 1 February - 28 February 2022
12. Monthly Planning Statistics - 1 February - 28 February 2022
Motions of which notice has been given
13. Parking Supply and Availability
Finance and Governance Committee
14. Delegations to Chief Executive Officer
15. New Policy - Competitive Neutrality
16. Financial Report as at 31 December 2021
Parks and Recreation Committee
17. Petition - Request Removal of Dogs on Lead Signs at Garrington Park
18. Petition - Riding the Mountain
19. Soldiers Memorial Avenue Action Plan
20. Narryna Heritage Museum, Battery Point - Lawn Maintenance
21. Wilson Street, North Hobart - Proposed upgrade to Pocket Park update.
22. Closed Portion of the Meeting
Special Report – Chief Executive Officer
23. Salamanca Market Licence Agreement
Finance and Governance Committee
24. Request to Waive Requirement to Tender - The Mercury Newspaper Advertising
|
Minutes (Open Portion) Council Meeting |
Page 5 |
|
28/03/2022 |
|
PRESENT:
The Lord Mayor Councillor A M Reynolds, the Deputy Lord Mayor Councillor H Burnet, Aldermen M Zucco, J Briscoe, Dr P T Sexton, D C Thomas, Councillor W F Harvey, Alderman S Behrakis, Councillors M S C Dutta, J Fox, Dr Z E Sherlock and W N S Coats.
APOLOGIES:
Nil.
LEAVE OF ABSENCE:
Nil.
Alderman Sexton left the meeting at 5.54pm and was not present for items 10 to 24 inclusive.
Councillor Fox left the meeting at 7.28pm and was not present for items 14 to 24 inclusive.
Alderman Behrakis left the meeting 7.59pm after declaring an interest in item 17, returning at 8.02pm.
Councillor Sherlock left the meeting left the meeting at 7.28pm, at the commencement of the comfort break, returning at 7.45pm.
The Chairman reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Tuesday, 15 March 2022, finds them to be a true record and recommends that they be taken as read and signed as a correct record.
Dutta That the recommendation be adopted. |
||||||||||||||||||||||||||
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?
ZUCCO
BEHRAKIS
That item 8 from the closed agenda be transferred to the open agenda and be taken as item 24.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Lord Mayor Reynolds |
|
Deputy Lord Mayor Burnet |
|
Zucco |
|
Briscoe |
|
Sexton |
|
Thomas |
|
Harvey |
|
Behrakis |
|
Dutta |
|
Fox |
|
Sherlock |
|
Coats |
|
No communication was received.
In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer reports that the following Council workshops have been conducted since the last ordinary meeting of the Council.
Date: 22 March 2022
Purpose: State of the City Report and Civic and Cultural Precinct Update
No public questions were received.
|
The Chief Executive Officer tabled a petition calling for the Council to reduce the speed limit and install signage and traffic slowing measures in McRobies Road, South Hobart. There were 232 signatories to the petition.
Behrakis
That the petition be received and noted and referred to the appropriate committee.
MOTION CARRIED
VOTING RECORD
|
||||||||||||||||||||||||||
|
Attachment a Petition - Keep Kids Safe Crossing McRobies Road in South Hobart -
Gemma Kitsos ⇨ |
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.
Dutta That the recommendation be adopted. MOTION CARRIED VOTING RECORD
|
Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Elected Members are requested to indicate where they may have any pecuniary or conflicts of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Council has resolved to deal with.
No interest was indicated.
9. Amendment PSA-21-4 - Hobart Interim Planning Scheme 2015 - 21, 21B and part of 21A Enterprise Road, Sandy Bay Rezoning File Ref: F22/7522; PSA-21-4 Ref: Open CPC 7.1.3, 21/03/2022 |
|||||||||||||||||||||||||||
|
That: 1. Pursuant to section 34(1)(b) of the former provisions of the Land Use Planning and Approvals Act 1993, Council resolve to initiate an amendment to the Hobart Interim Planning Scheme 2015 to rezone the properties at 21, 21B and part of 21A Enterprise Road, Sandy Bay from General Residential to Low Density Residential, and apply the Biodiversity Protection Area overlay under the Biodiversity Code to the site with the exception of the right of way, as indicated in the rezoning plan marked as Attachment A to item 7.1.3 of the Open City Planning Committee agenda of 21 March 2022. 2. Pursuant to section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, Council certify that amendment PSA-21-4 to the Hobart Interim Planning Scheme 2015 meets the requirements of section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the Chief Executive Officer and Lord Mayor to sign the Instrument of Certification marked as Attachment D to item 7.1.3 of the Open City Planning Committee agenda of 21 March 2022. 3. Pursuant to section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place amendment PSA-21-4 to the Hobart Interim Planning Scheme 2015 on public exhibition for a 28 day period following certification. |
||||||||||||||||||||||||||
|
Thomas That the recommendation be adopted. |
||||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
10. Short Stay Accommodation - Proposed Amendments to the Hobart Interim Planning Scheme File Ref: F22/20739 Ref: Open CPC 7.1.4, 21/03/2022 |
|||||||||||||||||||||||||
|
That: 1. Council endorse the draft amendment to the Use Table in each of the General Residential Zone, the Inner Residential Zone, and the Low Density Residential Zone for inclusion in the Hobart Interim Planning Scheme 2015 to restrict entire home Visitor Accommodation use (excluding for ‘ancillary dwellings’) in specified zones of the Hobart Interim Planning Scheme 2015 as detailed in Attachment A to item 7.1.4 of the Open City Planning Committee agenda of 21 March 2022. 2. Under section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, Council certify that amendment PSA-22-1 to the Hobart Interim Planning Scheme 2015 meets the requirements of section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the Chief Executive Officer and Lord Mayor to sign the Instrument of Certification marked as Attachment A to item 7.1.3 of the Open City Planning Committee agenda of 21 March 2022. 3. Under section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place the amendment to the Hobart Interim Planning Scheme 2015 on public exhibition for a 28 day period. |
||||||||||||||||||||||||
|
Briscoe That the recommendation be adopted. |
||||||||||||||||||||||||
|
Harvey
That Alderman Zucco be granted an additional two minutes to address the meeting.
|
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||||
|
Motion
Zucco
That a report come forward to the Hobart City Council on the national position for independent panels determining non delegated planning decisions on housing.
|
||||||||||||||||||||||||
|
MOTION LOST VOTING RECORD
|
||||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||||
|
That: 1. Council endorse the draft amendment to the Use Table in each of the General Residential Zone, the Inner Residential Zone, and the Low Density Residential Zone for inclusion in the Hobart Interim Planning Scheme 2015 to restrict entire home Visitor Accommodation use (excluding for ‘ancillary dwellings’) in specified zones of the Hobart Interim Planning Scheme 2015 as detailed in Attachment A to item 7.1.4 of the Open City Planning Committee agenda of 21 March 2022. 2. Under section 35 of the former provisions of the Land Use Planning and Approvals Act 1993, Council certify that amendment PSA-22-1 to the Hobart Interim Planning Scheme 2015 meets the requirements of section 32 of the former provisions of the Land Use Planning and Approvals Act 1993 and authorise the Chief Executive Officer and Lord Mayor to sign the Instrument of Certification marked as Attachment A to item 7.1.3 of the Open City Planning Committee agenda of 21 March 2022. 3. Under section 38 of the former provisions of the Land Use Planning and Approvals Act 1993, the Council place the amendment to the Hobart Interim Planning Scheme 2015 on public exhibition for a 28 day period.
|
11. Monthly Building Statistics - 1 February - 28 February 2022 File Ref: F22/19475 Ref: Open CPC 8.1, 21/03/2022 |
|||||||||||||||||||||||||
|
That the building statistical report of the Director City Life be received and noted:
During the period 1 February 2022 to 28 February 2022, 53 permits were issued to the value of $17,069,738 which included:
(i) 32 for extensions/alterations to dwellings to the value of $7,623,705;
(ii) 6 new dwellings to the value of $3,166,790;
(iii) 0 new multiple dwellings to the value of $ Nil; and
(iv) No major projects.
During the period 1 February 2021 to 28 February 2021, 46 permits were issued to the value of $17,062,645 which included:
(i) 32 for extensions/alterations to dwellings to the value of $8,743,350;
(ii) 5 new dwellings to the value of $2,128,149;
(iii) 2 new multiple dwellings to the value of $565,000 and
(iv) 2 major projects:
(a) 431 Elizabeth Street, North Hobart - New Commercial Building - $3,950,000;
(b) 59 Sandy Bay Road, Sandy Bay - New Commercial Building - $3,000,000.
In the twelve months ending February 2022, 607 permits were issued to the value of $261,432,979; and
In the twelve months ending February 2021, 655 permits were issued to the value of $188,166,806. |
||||||||||||||||||||||||
|
Burnet That the recommendation be adopted. |
||||||||||||||||||||||||
|
MOTION CARRIED
VOTING RECORD
|
12. Monthly Planning Statistics - 1 February - 28 February 2022 File Ref: F22/19481 Ref: Open CPC 8.2, 21/03/2022 |
|||||||||||||||||||||||||
|
That the planning statistical report of the Director City Life be received and noted:
During the period 1 February 2022 to 28 February 2022, 47 permits were issued to the value of $11,562,440 which included:
(i) 5 new single dwellings to the value of $2,038,470;
(ii) 10 multiple dwellings to the value of $6,000,000;
(iii) 19 extensions/alterations to dwellings to the value of $2,374,500;
(iv) 7 extensions/alterations to commercial properties to the value of $943,140;
(v) 1 major project:
(a) 345 Sandy Bay Road, Sandy Bay - Demolition, New Building for 7 Multiple Dwellings, and Associated Works - $5,000,000;
During the period 1 February 2021 to 28 February 2021, 52 permits were issued to the value of $10,987,100 which included:
(i) 10 new single dwellings to the value of $3,680,000;
(ii) 2 multiple dwellings to the value of $420,000;
(iii) 28 extensions/alterations to dwellings to the value of $6,025,000;
(iv) 9 extensions/alterations to commercial properties to the value of $862,000;
(v) No major projects
In the twelve months ending February 2022, 733 permits were issued to the value of $285,812,960; and
In the twelve months ending February 2021, 774 permits were issued to the value of $267,218,618
# This report includes permits issued, exempt and no permit required decisions. |
||||||||||||||||||||||||
|
Burnet That the recommendation be adopted. |
||||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
IN ACCORDANCE WITH REGULATION 16(5) OF THE LOCAL GOVERNMENT (MEETING PROCEDURES) REGULATIONS 2015
14. Delegations to Chief Executive Officer File Ref: F22/19354; 17/52-0003 Ref: Open FGC 6.1, 22/03/2022 |
|||||||||||||||||||||||
|
That: 1. Pursuant to section 22 of the Local Government Act 1993, section 6 of the Land Use Planning and Approvals Act 1993 and section 124 of the Local Government (Highways) Act 1982, the Council approve the delegations included as Attachment A to item 6.1 of the Finance and Governance Committee agenda of 22 March 2022 to the: (i) Chief Executive Officer, being the General Manager as appointed by Council pursuant to s61 of the Local Government Act 1993; 2. Pursuant to section 6 of the Land Use Planning and Approvals Act 1993 the Council approve the delegations included as Attachment A item 6.1 of the Finance and Governance Committee agenda of 22 March 2022 report to the: (i) Director City Life (ii) Manager Development Appraisal (iii) Manager Bushland, Biodiversity and Waterways (iv) Senior Statutory Planner (v) Senior Development Engineer (vi) Program Leader Stormwater Services 3. Pursuant to section 6 of the Land Use Planning and Approvals Act 1993 and section 124 of the Local Government (Highways) Act 1982, the Council approve the delegations included as Attachment A to item 6.1 of the Finance and Governance Committee agenda of 22 March 2022 to the: (i) Director City Futures (ii) Manager Urban Futures 4. Pursuant to section 124 of the Local Government (Highways) Act 1982, the Council approve the delegations included as Attachment A to item 6.1 of the Finance and Governance Committee agenda of 22 March 2022 to the: (i) Director City Enablers
(ii) Manager City Infrastructure (iii) Program Leader Road Services |
||||||||||||||||||||||
|
Thomas That the recommendation be adopted. |
||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
15. New Policy - Competitive Neutrality File Ref: F22/21118; 18/17 Ref: Open FGC 6.2, 22/03/2022 |
|||||||||||||||||||||||
|
That the Council adopt the new policy ‘Competitive Neutrality’ marked as Attachment A to item 6.2 of the Finance and Governance Committee agenda of 22 March 2022. |
||||||||||||||||||||||
|
Burnet That the recommendation be adopted. |
||||||||||||||||||||||
|
MOTION CARRIED
VOTING RECORD
|
16. Financial Report as at 31 December 2021 File Ref: F22/12267 Ref: Open FGC 6.3, 22/03/2022 |
|||||||||||||||||||||||
|
That the changes to the Council’s 2021-22 Estimates as detailed in the following tables be approved. (i) Operational Budget reallocations and amendments (ii) Capital works program re-allocations |
||||||||||||||||||||||
|
Sherlock That the recommendation be adopted. |
||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
Alderman Behrakis declared an interest in item 17 and left the meeting.
17. Petition - Request Removal of Dogs on Lead Signs at Garrington Park File Ref: F22/19883; R1021 Ref: Open PRC 6.1, 17/03/2022 |
|||||||||||||||||||||
|
That: 1. Garrington Park be retained as a dog on-lead only area. 2. The current signs remain in place in accordance with the legislative requirements under section 27 Dog Control Act 2000. 3. The petitioners be advised of Council’s decision. 4. The petitioners also be advised that a review of the current Dog Management Strategy is due to commence late in 2022. |
||||||||||||||||||||
|
Sherlock That the recommendation be adopted. |
||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
18. Petition - Riding the Mountain File Ref: F22/18146 Ref: Open PRC 6.2, 17/03/2022 |
|||||||||||||||||||||||
|
That: 1. The Council continues to support the Riding the Mountain plan, which was endorsed on 26 October 2020. 2. The petitioners be advised of the outcome. 3. Relevant interest groups be alerted to the ‘Riding The Mountain’ page on the Council’s website. |
||||||||||||||||||||||
|
Sherlock That the recommendation be adopted. |
||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
19. Soldiers Memorial Avenue Action Plan File Ref: F22/10504 Ref: Open PRC 6.3, 17/03/2022 |
|||||||||||||||||||||||
|
That: 1. The Soldiers Memorial Avenue Action Plan 2022-2032, marked as Attachment A to item 6.3 of the Parks and Recreation Committee agenda of 17 March 2022, be endorsed, and used by the City as the guiding document for management of the Soldiers Memorial Avenue. 2. The Soldiers Memorial Avenue Action Plan 2022-2032 be made available to the public through the City’s website in accordance with the City’s Brand Identity Style Guide. |
||||||||||||||||||||||
|
Burnet That the recommendation be adopted. |
||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
20. Narryna Heritage Museum, Battery Point - Lawn Maintenance File Ref: F22/15943 Ref: Open PRC 6.4, 17/03/2022 |
|||||||||||||||||||||||
|
That: 1. The ongoing support for lawn maintenance to Narryna Heritage Museum Inc. be endorsed. 2. The Chief Executive Officer be authorised to finalise the terms and conditions of a formal agreement outlining the level of support. 3. 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. |
||||||||||||||||||||||
|
Sherlock That the recommendation be adopted. |
||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
21. Wilson Street, North Hobart - Proposed upgrade to Pocket Park update. File Ref: F22/14817 Ref: Open PRC 6.5, 17/03/2022 |
|||||||||||||||||||||||
|
That: 1. The continued support for the landscaping for the Wilson Street Pocket Park, North Hobart, marked as Attachment A to item 6.5 of the Parks and Recreation Committee agenda of 17 March 2022, be endorsed. 2. Funding for site improvement works be considered when the Council determines the Capital Works Program and Annual Budget at an estimated cost of $25,100 with an estimated annual operational expense of $4,320 per annum.
|
||||||||||||||||||||||
|
Sherlock That the recommendation be adopted. |
||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
Item 24 was then taken.
That the Council resolve by absolute majority that the meeting be closed to the public pursuant to regulation 15(1) of the Local Government (Meeting Procedures) Regulations 2015 because the items included on the closed agenda contain the following matters:
· Leave of absence · Minutes of a Closed portion of the meeting · Proposal for Council land · A contract including details of the terms and conditions of renewal
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 McRobies Gully Landfill Gas Agreement Extension LG(MP)R 15(2)(d) Item No. 7 Contract Extension - Provision of Internal Audit Services Item No. 8 Request to Waive Requirement to Tender - The Mercury Newspaper Advertising LG(MP)R 15(2)(d) Item No. 9 Proposed licence - 16 Eurella Avenue & Bicentennial Park LG(MP)R 15(2)(c)(i) and (f) |
||||||||||||||||||||||
Sherlock That the recommendation be adopted. |
||||||||||||||||||||||
MOTION CARRIED BY ABSOLUTE MAJORITY VOTING RECORD
|
23. Salamanca Market Licence Agreement File Ref: F22/27528; S33-060-02/38 |
|||||||||||||||||||||||
|
Sherlock
That the recommendation contained in the Special Report of the Chief Executive Officer, marked as Supplementary item 23 of the Open Council Agenda of 28 March 2022, be adopted. |
||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
||||||||||||||||||||||
|
COUNCIL RESOLUTION: |
||||||||||||||||||||||
|
1. The Council approve a Salamanca Market Stallholder Licence from 1 July 2022 until 30 June 2023 on the same terms and conditions as the current Salamanca Market Stallholder Licence 2017-22 save for clauses 5 to 9 being amended to make provision for a 12 month period. 2. The Chief Executive Officer be delegated the authority to finalise the terms of the licence and do all things necessary to facilitate implementation. |
Item 22 was then taken.
24. Request to Waive Requirement to Tender - The Mercury Newspaper Advertising File Ref: F22/18093; 17/211 Ref: Closed FGC 4.3, 22/03/2022 |
|||||||||||||||||||||||
|
1. Council approve the request to waive the requirement to undertake a Public Tender for advertising in the Mercury newspaper in accordance with Regulations 27(i)(iii) of the Local Government (General) Regulations 2015, on the basis that Council’s legal requirement to advertise in a daily newspaper circulating in the municipal area preclude the likelihood of a satisfactory result due to the absence of competitive tenderers. 2. As required pursuant to Regulation 29(2) of the Local Government General Regulations 2015 the details of all instances where Regulations 27(i) has been applied will be reported in Council’s annual report. |
||||||||||||||||||||||
|
Thomas That the recommendation be adopted. |
||||||||||||||||||||||
|
MOTION CARRIED VOTING RECORD
|
Item 23 was then taken.
The Chairman adjourned the meeting at 7.28pm for a comfort and meal break.
The meeting was reconvened at 7.44pm.
Item 14 was then taken.
There being no further business the Open portion of the meeting closed at 8.22pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
11th DAY OF april 2022.
CHAIRMAN