City
of hobart
MINUTES
Planning Committee Meeting
Open Portion
Wednesday, 11 October 2023 at 5.00pm
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Minutes (Open Portion) Planning Committee Meeting |
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11/10/2023 |
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APOLOGIES AND LEAVE OF ABSENCE
2. Consideration of Supplementary Items
3. Indications of Pecuniary and Conflicts of Interest
5. Planning Authority Items - Consideration of Items with Deputations
6. Committee Acting as Planning Authority
6.1 Applications under the Hobart Interim Planning Scheme 2015
7.1 Planning - Advertised Applications Report
7.2 Delegated Decision Report (Planning)
9. Closed Portion of the Meeting
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Minutes (Open Portion) Planning Committee Meeting |
Page 1 |
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11/10/2023 |
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Planning Committee Meeting (Open Portion) held on Wednesday, 11 October 2023 at 5:00 pm in the Council Chamber, Town Hall.
COMMITTEE MEMBERS Alderman S Behrakis (Chairman) Lord Mayor Councillor A M Reynolds Deputy Lord Mayor Councillor H Burnet Alderman M Zucco Councillor W F Harvey Councillor M Dutta Councillor Dr Z Sherlock Councillor J Kelly Councillor L Elliot Alderman L Bloomfield Councillor R Posselt Councillor B Lohberger
PRESENT: Alderman S Behrakis (Chairman) the Deputy Lord Mayor Councillor H Burnet, Councillors W F Harvey, M Dutta, J Kelly, Alderman L Bloomfield, Councillors R Posselt and B Lohberger
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APOLOGIES: Lord Mayor Councillor A M Reynolds Councillor Dr Z Sherlock
LEAVE OF ABSENCE: Nil
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The minutes of the Open Portion of the Planning Committee meetings held on Wednesday, 6 September 2023 and the abandoned meeting held on Wednesday, 20 September 2023, be confirmed as an accurate record.
Dutta That the recommendation be adopted.
MOTION CARRIED VOTING RECORD
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.
RECOMMENDATION
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.
Burnet That the recommendation be adopted.
MOTION CARRIED
VOTING RECORD
AYES |
NOES |
Behrakis |
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Deputy Lord Mayor Burnet |
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Harvey |
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Dutta |
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Kelly |
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Bloomfield |
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Posselt |
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Lohberger |
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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.
Mr Chris Love (Applicant) addressed the Committee in relation to item 6.1.1
6.1 Applications under the Hobart Interim Planning Scheme 2015
Delegation: Committee
7. Reports
That the recommendation contained in the report of the Acting Director City Life of 6 October 2023, be adopted.
MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the ‘Planning – Advertised Applications Report’ be received and noted.
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Delegation: Committee
That the recommendation contained in the report of the Acting Director City Life of 6 October 2023, be adopted.
MOTION CARRIED VOTING RECORD
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COMMITTEE RESOLUTION: |
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That the information contained in the ‘Delegated Decision Report (Planning)’ be received and noted.
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Delegation: Committee
Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
Question: |
Can the Director advise what legislation protects owners of conjoined dwellings when there is dilapidation of one property impacting on the rigour of the non-neglected, conjoining dwelling?
Is that legislation robust and if not, what would improve it?
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Answer: |
The Director took the question on notice. |
Question: |
Can the Director advise if when someone has breached a development approval previously and has been successfully prosecuted, is there any consideration of those previous breaches when a Development Application is lodged by that applicant?
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Answer: |
The Director took the question on notice. |
Question: |
There appears to be a culture of build it and worry about the DA later – can the Director advise if it is possible to apply an administration fee for processing a retrospective DA in addition to what is applied?
Could the administrative fee be of a significant size to start to pull back the culture of retrospective DA. Ie: a % of the value of the application in question?
Can there be flexibility with the application of the fee – i.e. repeat offenders, builders and those experienced with the process be charged an additional fee for seeking retrospective approval?
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Answer: |
The Director took the question on notice. |
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:
· Minutes of the Closed Meetings
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. 5 Questions Without Notice
MOTION CARRIED VOTING RECORD
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There being no further business the Open portion of the meeting closed at 5.59pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
25 DAY OF October 2023.
CHAIRMAN