Minutes of Planning Committee Meeting - Wednesday, 20 September 2023

Minutes (Open Portion)

Planning Committee Meeting

Page 1

20/09/2023

Planning Committee Meeting (Open Portion) held on Wednesday, 20 September 2023 in the Council Chamber, Town Hall, was abandoned at 5.30pm due to the absence of a quorum.

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, Deputy Lord Mayor Councillor H Burnet, Councillor J Kelly, Alderman L Bloomfield, Councillor R Posselt.

The meeting was abandoned at 5.30pm due to the absence of a quorum.

APOLOGIES:

Lord Mayor Councillor A M Reynolds

Councillor W F Harvey

Councillor L Elliot

Councillor M Dutta

Councillor Dr Z Sherlock

Councillor B Lohberger

LEAVE OF ABSENCE: Nil

1. Confirmation of Minutes

The minutes of the Open Portion of the Planning Committee meeting held on Wednesday, 6 September 2023, be confirmed as an accurate record.

2. Consideration of Supplementary Items

Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.

Recommendation

That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer.

3. 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.

4. Transfer of Agenda Items

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?

5. Planning Authority Items - Consideration of Items with Deputations

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.

6. 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 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.

6.1 Applications under the Hobart Interim Planning Scheme 2015

6.1.1 112 Cascade Road, 136 Wentworth Street, 106 Cascade Road, South Hobart - Temporary Housing

PLN-23-378 - File Ref: F23/98936

In the absence of decision from the Council due to lack of a quorum, this application will be determined by the Acting Director City Life pursuant to a delegation under section 6(3) of the Land Use Planning and Approvals Act 1993, as set out below:

To exercise the power of the Council as planning authority pursuant to Section 59 (7) of the Land Use Planning and Approvals Act 1993 to determine applications where no request to make a decision has been lodged with the Resource Management and Appeal Tribunal.

7. Reports

7.1 Planning - Advertised Applications Report

File Ref: F23/96129

7.2 Delegated Decision Report (Planning)

File Ref: F23/98499

8. Responses to Questions without Notice

Regulation 29(3) Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10

The Chief Executive Officer reports:-

“In accordance with the procedures approved in respect to Questions Without Notice, the following responses to questions taken on notice are provided to the Committee for information.

The Committee is reminded that in accordance with Regulation 29(3) of the Local Government (Meeting Procedures) Regulations 2015, the Chairman is not to allow discussion or debate on either the question or the response.”

8.1 Cable Car - Protections for Public

File Ref: F23/31227; 13-1-10

Report of the Acting Director City Life of 20 September 2023.

8.2 Meaning of Paragraph 6.17.5 - Page 191 of 9 August 2023 Agenda

File Ref: F23/89954; 13-1-10

Report of the Acting Director City Life of 20 September 2023.

8.3 Ownership status of vacant road reserve in the Glebe

File Ref: F23/89975; 13-1-10

Report of the Acting Director City Life of 20 September 2023.

9. Questions without Notice

Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015.

File Ref: 13-1-10

(1) A councillor at a meeting may ask a question without notice –

(a) of the chairperson; or

(b) through the chairperson, of –

(i) another councillor; or

(ii) the general manager.

(2) In putting a question without notice at a meeting, a councillor must not –

(a) offer an argument or opinion; or

(b) draw any inferences or make any imputations –

except so far as may be necessary to explain the question.

(3) The chairperson of a meeting must not permit any debate of a question without notice or its answer.

(4) The chairperson, councillor or general manager who is asked a question without notice at a meeting may decline to answer the question.

(5) The chairperson of a meeting may refuse to accept a question without notice if it does not relate to the activities of the council.

(6) Questions without notice, and any answers to those questions, are not required to be recorded in the minutes of the meeting.

(7) The chairperson of a meeting may require a councillor to put a question without notice in writing.

10. Closed Portion of the Meeting

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 a closed meeting

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 Planning Authority Items – Consideration of Items with Deputations

Item No. 5 Questions Without Notice

TAKEN AS READ AND SIGNED AS A CORRECT RECORD THIS
11^th DAY OF october 2023.

CHAIRMAN