Minutes of Special City Planning Committee Meeting

Minutes (Open Portion)

Special City Planning Committee Meeting

Page 3

15/04/2019

Special City Planning Committee Meeting (Open Portion) held on Monday, 15 April 2019 at 4:15 pm in the Lady Osborne Room, Town Hall.

COMMITTEE MEMBERS

Deputy Lord Mayor Burnet (Chairman)

Briscoe

Denison

Harvey

Behrakis

PRESENT: The Deputy Lord Mayor Councillor H Burnet, Alderman J R Briscoe, T M Denison, Councillor W F Harvey, Alderman S Behrakis, the Lord Mayor Councillor A M Reynolds and Alderman Dr P T Sexton.

APOLOGIES: Nil.

LEAVE OF ABSENCE: Nil.

NON-MEMBERS

Lord Mayor Reynolds

Zucco

Sexton

Thomas

Dutta

Ewin

Sherlock

Alderman Sexton retired from the meeting at 4:40 pm.

1. Co-Option of a Committee Member in the event of a vacancy

No Elected Members were co-opted to the Committee.

2. Indications of Pecuniary and Conflicts of Interest

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.

Minutes (Open Portion)

Special City Planning Committee Meeting

Page 4

15/04/2019

3. Committee Acting as Planning Authority

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 General Manager is to ensure that the reasons for a decision by a Council or Council Committee acting as a planning authority are recorded in the minutes.

3.1 Applications under the Sullivans Cove Planning Scheme 1997

2.1.1 9-11 Murray Street Hobart - Extension to Approved Operating Hours

PLN-19-115 - File Ref: F19/39752

BRISCOE

That the recommendation contained in the report of the Development Appraisal Planner and the Senior Statutory Planner of 11 April 2019, be adopted, as amended by an additional advice clause to read as follows:

“Advice

Contribution to Street Teams

The Applicant be strongly encouraged to contribute towards the cost of the Street Teams patrolling within the vicinity due to the extended operating hours.”

MOTION CARRIED

VOTING RECORD

AYES	NOES
Briscoe	Deputy Lord Mayor Burnet
Denison	Harvey
Behrakis

COMMITTEE RESOLUTION:

That pursuant to the Sullivans Cove Planning Scheme 1997, the Council approve the application for extension to approved operating hours at 911 Murray Street HOBART for the reasons outlined in the officer’s report, marked as item 2.1.1 of the Special Open City Planning Committee agenda of 15 April 2019 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 PLN19115 911 MURRAY STREET HOBART TAS 7000 Final Planning Documents except where modified below.

Reason for condition

To clarify the scope of the permit.

PLN 14

The noise generated by the use must not cause an environmental nuisance.

Reason for the condition

To ensure noise emissions do not cause environmental harm and do not have an unreasonable impact on the amenity of residential or visitor accommodation uses in the area.

PLN 6

The use must not be open to the public outside of the following hours:

· Monday 12 noon to 1am (inside) and 6pm to 1am (outside)

· Tuesday 12 noon to 1am (inside) and 6pm to 1am (outside)

· Wednesday 12 noon to 3am (inside) and 6pm to 3am (outside)

· Thursday 12 noon to 1am (inside) and 6pm to 1am (outside)

· Friday 12 noon to 5am (inside) and 6pm to 5am (outside)

· Saturday 12 noon to 5am (inside) and 6pm to 5am (outside)

· Sunday 12 noon to 1am (inside) and 6pm to 1am (outside)

Music must not be played outside after 10pm Monday to Sunday.

Reason for condition

To ensure that nonresidential use does not unreasonably impact on residential amenity

PLN 7

The serving of alcohol outside is not approved.

Reason for condition

To reduce the likelihood of any unreasonable impact upon the amenity of the adjacent residential or visitor accommodation properties through noise emissions.

Advice

Contribution to Street Teams

The Applicant be strongly encouraged to contribute towards the cost of the Street Teams patrolling within the vicinity due to the extended operating hours.

Delegation: Committee

3. Reports

3.1 Proposed Central Hobart Precinct Plan

File Ref: F19/41012

BEHRAKIS

That the recommendation contained in the memorandum of the Director City Planning of 12 April 2019, be adopted, with the addition of the following clause

“3. The Council enquire with the Minister for Planning regarding the ability of the outcomes form the Precinct Plan work to be incorporated within the Local Provisions Schedule currently being considered by the Tasmanian Planning Commission.”

AMENDMENT

BRISCOE

That the words including height restrictions be inserted after the word Commission in Clause 3.

AMENDMENT CARRIED

VOTING RECORD

AYES	NOES
Deputy Lord Mayor Burnet	Denison
Briscoe
Harvey
Behrakis

SUBSTANTIVE MOTION CARRIED

VOTING RECORD

AYES	NOES
Deputy Lord Mayor Burnet
Briscoe
Denison
Harvey
Behrakis

COMMITTEE RESOLUTION:

That: 1. The Council agrees to work with the State Government to prepare a Terms of Reference and detailed work breakdown including a proposed allocation of tasks, funding and in-kind contribution for a Hobart Precinct Plan for the area of the city as outlined in Attachment B to item 3.1 of the Special Open City Planning Committee agenda of 15 April 2019.

2. That the draft Terms of Reference and work plan developed with the State Government be the subject of a subsequent report for consideration by the Council.

3. The Council enquire with the Minister for Planning regarding the ability of the outcomes form the Precinct Plan work to be incorporated within the Local Provisions Schedule currently being considered by the Tasmanian Planning Commission including height restrictions.

Delegation: Council

There being no further business the meeting closed at 5:10 pm.

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
29^th DAY OF APRIL 2019.

CHAIRMAN