City
of hobart
MINUTES
City Planning Committee Meeting
Open Portion
Monday, 7 February 2022 at 5:00pm
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Minutes (Open Portion) City Planning Committee Meeting |
Page 2 |
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7/2/2022 |
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APOLOGIES AND LEAVE OF ABSENCE
1. Co-Option of a Committee Member in the event of a vacancy
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6. Planning Authority Items - Consideration of Items with Deputations
7. Committee Acting as Planning Authority
7.1 Applications under the Hobart Interim Planning Scheme 2015
7.1.1 3 Greenlands Avenue, Sandy Bay - Alterations (Re-Roofing)
7.1.2 199 Macquarie Street, Hobart - Alterations to Carparking
7.1.3 82 Molle Street, Hobart - Partial Demolition, Alterations and Extension
8.1 Monthly Planning Statistics - 1 January - 31 January 2022
8.2 Monthly Building Statistics - 1 January - 31 January 2022
8.3 Annual Development Data 2021
8.4 Delegated Decision Report (Planning)
8.5 City Planning - Advertising Report
9. Responses to Questions without Notice
11. Closed Portion of the Meeting
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Minutes (Open Portion) City Planning Committee Meeting |
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7/02/2022 |
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City Planning Committee Meeting (Open Portion) held on Monday, 7 February 2022 at 5:00 pm via Zoom.
This meeting of the City Planning Committee is held 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.
The title Chief Executive Officer is a term of reference for the General Manager as appointed by Council pursuant s.61 of the Local Government Act 1993 (Tas).
COMMITTEE MEMBERS Deputy Lord Mayor Councillor H Burnet (Chairman) Alderman J R Briscoe Councillor W F Harvey Alderman S Behrakis Councillor M Dutta Councillor W Coats
PRESENT: The Deputy Lord Mayor Councillor H Burnet, Alderman J R Briscoe, Councillor W F Harvey, Alderman S Behrakis, Councillors M Dutta and W Coats.
APOLOGIES: Nil.
LEAVE OF ABSENCE: Nil.
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NON-MEMBERS Lord Mayor Councillor A M Reynolds Alderman M Zucco Alderman Dr P T Sexton Alderman D C Thomas Councillor J Fox Councillor Dr Z Sherlock
Alderman Briscoe retired from the meeting at 6.21pm and was not present for item 11.
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No Elected Members were co-opted to the Committee
BEHRAKIS
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The minutes of the Open Portion of the City Planning Committee meeting held on Monday, 24 January 2022, be confirmed as an accurate record.
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MOTION CARRIED VOTING RECORD
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The minutes were signed.
Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer.
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.
No interest was indicated.
Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.
A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.
In the event that the Committee transfer an item to the closed portion, the reasons for doing so should be stated.
Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?
No items were transferred.
In accordance with the requirements of Part 2 Regulation 8(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chief Executive Officer is to arrange the agenda so that the planning authority items are sequential.
In accordance with Part 2 Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee by simple majority may change the order of any of the items listed on the agenda, but in the case of planning items they must still be considered sequentially – in other words they still have to be dealt with as a single group on the agenda.
Where deputations are to be received in respect to planning items, past practice has been to move consideration of these items to the beginning of the meeting.
BEHRAKIS
That in accordance with Regulation 8(4) of the Local Government (Meeting Procedures) Regulations 2015, the Committee resolve to deal with any items which have deputations by members of the public regarding any planning matter listed on the agenda, to be taken out of sequence in order to deal with deputations at the beginning of the meeting.
MOTION CARRIED
VOTING RECORD
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Deputy Lord Mayor Burnet |
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Briscoe |
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Harvey |
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Behrakis |
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Dutta |
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Coats |
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Minutes (Open Portion) City Planning Committee Meeting |
Page 21 |
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7/02/2022 |
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In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2015, the intention of the Committee 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 Committee will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items.
The Committee 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.
7.1 Applications under the Hobart Interim Planning Scheme 2015
Kellie and Jason Wilkie (Applicants) addressed the Committee in relation to item 7.1.1
Delegation: Council
Mr Keith Midson (Applicant) addressed the Committee in relation to item 7.1.2.
7.1.2 199 Macquarie Street, Hobart - Alterations to Carparking |
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HARVEY
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That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 27 January 2022, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the
Council refuse the application for alterations to carparking at 199 Macquarie
Street, Hobart 7000 for the following reasons: 1 The
proposal does not meet the acceptable solution or the performance criterion
with respect to clause E6.7.3 A1 and P1 of the Hobart Interim Planning
Scheme 2015 because vehicular passing areas have not been provided in
sufficient number, dimension, and siting so that the access is safe,
efficient and convenient. No regard to the avoidance of conflicts between
users, avoidance of unreasonable interference with the flow of traffic,
suitability for the volume of traffic generated, and ease of accessibility
and recognition for users, has been given. 2 The
proposal does not meet the acceptable solution or the performance criterion
with respect to clause E6.7.5 A1 and P1 of the Hobart Interim Planning
Scheme 2015 because the layout of car parking spaces, access aisles,
circulation roadways and ramps are not safe and don't ensure ease of access,
egress and manoeuvring onsite.
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Delegation: Council
Ms Lois Dann, Mr Christopher Arthur (Representors) and Mr Qingwei Wang (Applicant) addressed the Committee in relation to item 7.1.3
7.1.3 82 Molle Street, Hobart - Partial Demolition, Alterations and Extension |
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DUTTA
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That the recommendation contained in the report of the Development Appraisal Planner and the Manager Development Appraisal of 27 January 2022, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That pursuant to the Hobart Interim Planning Scheme 2015, the Council approve the application for partial demolition, alterations and extension at 82 Molle Street HOBART TAS 7000 for the reasons outlined in the officer’s report attached to item 7.1.3 of the Open City Planning Committee agenda of 7 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 PLN21496 82 MOLLE STREET HOBART TAS 7000 Final Planning Documents except where modified below.
Reason for condition
To clarify the scope of the permit.
PLN s1
Approval is granted for a single dwelling only.
Reason for condition
To clarify the scope of the permit.
PLN s2
Window W14 must be changed to a pedestrian accessible sliding or bifold window.
Reason for this condition
To facilitate access between the existing dwelling and the proposed Winter garden and extension, ensuring the development retains a single dwelling use.
PLN s3
Reference to the Bed and Breakfast on plans is not approved.
Reason for this condition
To clarify the permit.
Note: The Bed and Breakfast use could be granted under clause 3.1 (b) of Planning Directive No. 6 Exemption and Standards for Visitor Accommodation in Planning Schemes, being exempt from requiring a permit, if the dwelling is used by the owner or occupier as their main place of residence.
PLN s4
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing:
1. Amended plans for windows W06 and W07 showing privacy screening with a transparency of no more than 25%
All work required by this condition must be undertaken in accordance with the approved revised plans.
Reason for condition
To minimise direct views into the private open space of 106 Goulburn Street.
ENG sw1
All stormwater from the proposed development (including but not limited to: roofed areas, ag drains, retaining wall ag drains and impervious surfaces such as driveways and paved areas) must be drained to the Council’s stormwater infrastructure prior to first occupation or commencement of use (whichever occurs first).
Any private or private shared stormwater system passing through thirdparty land must have sufficient receiving capacity.
Advice:
Under section 23 of the Urban Drainage Act 2013 it is an offence for a property owner to direct stormwater onto a neighbouring property.
Reason for condition
To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.
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.
All work required by this condition must be undertaken in accordance with the approved design drawings and calculations.
Reason for condition
To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.
SW 9
Prior to occupancy or the commencement of the approved use (whichever occurs first), 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 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.
All work required by this condition must be undertaken and maintained in accordance with the approved stormwater management report and design.
SW 13
All structures within the flood zone including buildings and flood mitigation measures must be inspected by a suitably qualified and accredited engineer.
Certification from a suitably qualified and accredited engineer that the installation has been constructed in accordance with the approved design must be provided to the City of Hobart prior to occupancy or commencement of use (whichever occurs first).
SW 14
All structures within the flood zone must be inspected by a registered surveyor.
Certification from a registered surveyor that the finished floor levels are at or above the relevant minimum levels shown on the approved engineering drawings must be provided to the City of Hobart prior to occupancy or commencement of use (whichever occurs first).
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.
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.
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.
HER 10
The demolition of the chimney stacks and chimney breasts is not approved. The chimney stacks and chimney breasts must be retained.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing the retention and support of the chimney stacks in accordance with the above requirement.
All work required by this condition must be undertaken in accordance with the approved revised plans.
Reason for condition
To ensure that demolition in whole or part of a heritage precinct does not result in the loss of historic cultural heritage values.
Advice:
The plan, "Ground Floor Plan Proposed shown as Sheet 02.0 Rev B" submitted to Council18 January 2022 depict a floor plan with internal walls and retained chimney breasts that would satisfy this condition.
HER 11
All original timber sash windows and frames on the side and Molle Street elevation must be retained in situ. The windows must also be repaired and conserved.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing the retention of all windows in accordance with the above requirement.
All work required by this condition must be undertaken in accordance with the approved revised plans.
Reason for condition
To ensure that development at a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.
HER 17a
The palette of exterior colours, materials and finishes must reflect the palette of colours, materials and finishes within the local streetscape and precinct.
Prior to the issue of any approval under the Building Act 2016, revised plans must be submitted and approved as a Condition Endorsement showing exterior colours, materials and finishes in accordance with the above requirement.
All work required by this condition must be undertaken in accordance with the approved plans.
Reason for condition
To ensure that development at a heritage precinct is undertaken in a sympathetic manner which does not cause loss of historic cultural heritage significance.
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.
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 may require a permit for the occupation of the public highway for construction or special event (e.g. placement of skip bin, crane, scissor lift etc). Click here for more information.
You may require a Permit to Open Up and Temporarily Occupy a Highway (for work in the road reserve). Click here for more information.
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.
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.
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.
HERITAGE
The applicant is advised that reinstating a modest 1.2m picket fence and cottage garden between the house and the street would be a good cultural heritage outcome and that a PLN/PAM maybe required for such landscaping.
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Delegation: Council
8. Reports
8.1 Monthly Planning Statistics - 1 January - 31 January 2022 |
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BEHRAKIS
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That the recommendation contained in the report of the Director City Planning of 2 February 2022, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the planning statistical report of the Director City Planning be received and noted:
During the period 1 January 2022 to 31 January 2022, 38 permits were issued to the value of $9,202,311 which included:
(i) 2 new single dwellings to the value of $1,006,941
(ii) 8 multiple dwellings to the value of $1,920,000;
(iii) 20 extensions/alterations to dwellings to the value of $5,628,370
(iv) 5 extensions/alterations to commercial properties to the value of $1,373,000;
(v) No major projects;
During the period 1 January 2021 to 31 January 2021, 38 permits were issued to the value of $8,726,000 which included:
(i) 4 new single dwellings to the value of $1,370,000;
(ii) 8 multiple dwellings to the value of $3,080,000;
(iii) 20 extensions/alterations to dwellings to the value of $2,215,500;
(iv) 4 extensions/alterations to commercial properties to the value of $2,650,000;
(v) No major projects;
In the twelve months ending January 2022, 738 permits were issued to the value of $285,237,620; and
In the twelve months ending January 2021, 789 permits were issued to the value of $297,968,558.
# This report includes permits issued, exempt and no permit required decisions
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Delegation: Council
8.2 Monthly Building Statistics - 1 January - 31 January 2022 |
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BRISCOE
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That the recommendation contained in the report of the Director City Planning of 2 February 2022, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the building statistical report of the Director City Planning be received and noted:
During the period 1 January 2022 to 31 January 2022, 33 permits were issued to the value of $13,360,354 which included:
(i) 17 for extensions/alterations to dwellings to the value of $2,618,860;
(ii) 5 new dwellings to the value of $1,848,172;
(iii) 13 new multiple dwellings to the value of $3,985,000; and
(iv) 1 major project:
(a) 66 Burnett Street, North Hobart - Stage 4 - Additional 3 Units on Level 5 & 5 Units on Level 6 - $3,000,000;
During the period 1 January 2021 to 31 January 2021, 42 permits were issued to the value of $8,278,390 which included:
(i) 25 for extensions/alterations to dwellings to the value of $3,785,000;
(ii) 9 new dwellings to the value of $3,508,390;
(iii) No new multiple dwellings; and
(iv) No major projects.
In the twelve months ending January 2022, 600 permits were issued to the value of $261,425,886; and
In the twelve months ending January 2021, 647 permits were issued to the value of $178,909,986
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HARVEY
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That the recommendation contained in the report of the Director City Planning of 2 February 2022, be adopted. |
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MOTION CARRIED VOTING RECORD
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That the information be received and noted.
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Delegation: Committee
HARVEY
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That the recommendation contained in the report of the Director City Planning of 31 January 2022, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the memorandum titled - Delegated Decision Report (Planning) - be received and noted.
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Delegation: Committee
BRISCOE
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That the recommendation contained in the report of the Director City Planning of 2 February 2022, be adopted. |
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MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the memorandum titled - City Planning - Advertising Report - be received and noted.
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Delegation: Committee
Regulation 29(3) Local Government
(Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
9.1 City Planning Committee Meetings
File Ref: F22/8330; 13-1-10
Memorandum of the Director City Planning of 31 January 2022.
HARVEY
That the information be received and noted.
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MOTION CARRIED VOTING RECORD
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Delegation: Committee
Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
10.1 Alderman Briscoe - 3 Greenlands Avenue - Heritage Officer Report File Ref: 13-1-10 |
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Question: Can the Director provide an answer as to why the Heritage Officer was unable to provide clarity around the recommendation clause listed on the cover of the report? Answer: The Director City Planning took the question on notice.
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10.2 Deputy Lord Mayor Burnet - Visitor Accommodation Approvals File Ref: 13-1-10 |
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Question: Can the Director advise in relation to visitor accommodation approvals which are listed in this agenda as 481 in total approved since 2014 and 41 of those having been approved in the past 6 months, a. How many complaints have been received by Council specifically relating to residential amenity? b. Is there any indication as to how many properties or in multi-residential properties (apartments) are being used as unapproved visitor accommodation, including retrospective applications?
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Answer: The Director City Planning took the question on notice.
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10.3 Councillor Coats - Hotel Rooms - Short Term Accommodation File Ref: 13-1-10 |
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Question: Can the Director advise how many hotel rooms have been currently taken off the market to accommodate covid quarantining purposes? Answer: The Director City Planning took the question on notice.
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BEHRAKIS
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That the Committee resolve by 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 · Questions without notice in the Closed portion
The following items were discussed:-
Item No. 1 Minutes of the last meeting of the Closed Portion of the Committee Meeting Item No. 2 Consideration of supplementary items to the agenda Item No. 3 Indications of pecuniary and conflicts of interest Item No. 4 Questions Without Notice
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MOTION CARRIED VOTING RECORD
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Delegation: Committee
There being no further business the Open portion of the meeting closed at 6.23pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
21st DAY OF FEBRUARY 2022.
CHAIRMAN