131014 hobart city council agenda

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Chairman N. Heath – General Manager Infrastructure Services Media Lord Mayor Ald Damon Thomas R. Viney – C.E.A. M. Painter – D.I.S. Mercury Aldermen Corporate Services Development & ABC Radio Deputy Lord Mayor Ald Ron Christie H. Salisbury – D.G.M. Environmental Services Trevor Sutton Ald Marti Zucco M. Johns – M.C.G. N. Noye – D.D.E.S. Sub Total: 26 Ald Jeff Briscoe B. Daly – E.O.C.S. 2 I. Stanley – M.D.A. Reception 2 Ald Eva Ruzicka A. Roth – C.S.O. Parks & Customer Services Public 8 Ald Peter Sexton N. Burrows – C.S.O. R. Mather– A/D.P.C.S. Spare Ald Helen Burnet R. Enders – P.E.O.L.M. Community Development Total Distribution: 37 Ald Philip Cocker Financial Services P. Holliday – D.C.D. Ald Bill Harvey D. Spinks – D.F.S. Ald Sue Hickey Ald Leo Foley Ald John Freeman CITY OF HOBART AGENDA OPEN PORTION OF THE COUNCIL MEETING MONDAY 13 OCTOBER 2014 AT 5.00 PM THE MISSION Our mission is to ensure good governance of our capital City. THE VALUES The Council is: about people We value people – our community, our customers and colleagues. professional We take pride in our work. enterprising We look for ways to create value. responsive We’re accessible and focused on service. inclusive We respect diversity in people and ideas. making a difference We recognise that everything we do shapes Hobart’s future.

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October 12 2014 Hobart City Council agenda town planning public works

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Page 1: 131014 Hobart City Council Agenda

Chairman N. Heath – General Manager Infrastructure Services Media Lord Mayor Ald Damon Thomas R. Viney – C.E.A. M. Painter – D.I.S. Mercury Aldermen Corporate Services Development & ABC Radio Deputy Lord Mayor Ald Ron Christie H. Salisbury – D.G.M. Environmental Services Trevor Sutton Ald Marti Zucco M. Johns – M.C.G. N. Noye – D.D.E.S. Sub Total: 26 Ald Jeff Briscoe B. Daly – E.O.C.S. 2 I. Stanley – M.D.A. Reception 2 Ald Eva Ruzicka A. Roth – C.S.O. Parks & Customer Services Public 8 Ald Peter Sexton N. Burrows – C.S.O. R. Mather– A/D.P.C.S. Spare Ald Helen Burnet R. Enders – P.E.O.L.M. Community Development Total Distribution: 37 Ald Philip Cocker Financial Services P. Holliday – D.C.D. Ald Bill Harvey D. Spinks – D.F.S. Ald Sue Hickey Ald Leo Foley Ald John Freeman

CITY OF HOBART

AGENDA OPEN PORTION OF THE COUNCIL MEETING

MONDAY 13 OCTOBER 2014 AT 5.00 PM

THE MISSION Our mission is to ensure good governance of our capital City.

THE VALUES

The Council is:

about people We value people – our community, our customers and colleagues.

professional We take pride in our work.

enterprising We look for ways to create value.

responsive We’re accessible and focused on service.

inclusive We respect diversity in people and ideas.

making a difference We recognise that everything we do shapes Hobart’s future.

Page 2: 131014 Hobart City Council Agenda

HOBART 2025 VISION In 2025 Hobart will be a city that:

• Offers opportunities for all ages and a city for life • Is recognised for its natural beauty and quality of environment • Is well governed at a regional and community level • Achieves good quality development and urban management • Is highly accessible through efficient transport options • Builds strong and healthy communities through diversity, participation and

empathy • Is dynamic, vibrant and culturally expressive

Page 3: 131014 Hobart City Council Agenda

AGENDA OPEN COUNCIL MEETING TABLE OF CONTENTS 13/10/2014

PRESENT

APOLOGIES

LEAVE OF ABSENCE

TABLE OF CONTENTS

1. MINUTES OF THE LAST MEETING (OPEN PORTION) OF THE

COUNCIL HELD ON MONDAY 22 SEPTEMBER 2014

2. TRANSFER OF AGENDA ITEMS

3. COMMUNICATION FROM THE CHAIRMAN

4. NOTIFICATION OF COUNCIL WORKSHOPS

5. PUBLIC QUESTION TIME

6. PETITIONS

7. CONSIDERATION OF SUPPLEMENTARY ITEMS TO THE AGENDA

8. INDICATIONS OF PECUNIARY AND CONFLICTS OF INTEREST

REPORTS OF COMMITTEES

DEVELOPMENT AND ENVIRONMENTAL SERVICES COMMITTEE

9. COUNCIL ACTING AS PLANNING AUTHORITY

9.1 AREA OF RIVER DERWENT ADJACENT TO BATTERY POINT FORESHORE BETWEEN AND INCLUDING ERROL FLYNN RESERVE (ALSO KNOWN AS 1 AND 15 MARIEVILLE ESPLANADE – CT. 104211/1) AND BATTERY POINT SLIPYARDS (ALSO KNOWN AS 18-44, 34-36, 38-40 AND 42-44 NAPOLEON STREET – CTS 39913/1, 2 AND 7) AND 52 NAPOLEON STREET, BATTERY POINT – SHARED PUBLIC ACCESSWAY, CAR PARKING SPACES AND ALTERATIONS, JETTY ALTERATIONS, PRIVACY WALL, FENCING, LANDSCAPING AND ASSOCIATED WORKS – PLN-14-00709-01 – FILE REF: 37-2-2

9.2 3 MARINE TERRACE, BATTERY POINT – ADDITIONAL DWELLING – PLN-14-00549-01 – FILE REF: 5585829 & P/3/663

9.3 1-3 ELIZABETH STREET (PART OF CT. 32426/1), HOBART – SIGNAGE – PLN-14-00944-01 – FILE REF: 5661182 & P/10-14/437

Page 4: 131014 Hobart City Council Agenda

AGENDA OPEN COUNCIL MEETING TABLE OF CONTENTS 13/10/2014

9.4 22-24 CROMWELL STREET (LOT 7), BATTERY POINT – PARTIAL DEMOLITION, FRONT FENCE AND ALTERATIONS – PLN-14-00863-01 – FILE REF: 5570707 & P/22-24/420

FINANCE AND CORPORATE SERVICES COMMITTEE

10. FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2014 – FILE REF: 20-14-3

INFRASTRUCTURE SERVICES COMMITTEE

11. SANDY BAY ROAD CYCLING PROJECT – STAGE 2 – WARNING LIGHTS FOR DRIVEWAYS – FILE REF: 820

12. GREENHOUSE GAS EMISSIONS AND ENERGY USE – FILE REF: 17-50-1

MARKETING AND EVENTS COMMITTEE

13. CITY OF HOBART CHRISTMAS DECORATIONS COMPETITION 2014 – FILE REF: 13-25-2

14. CRUISING YACHT CLUB OF AUSTRALIA – REQUEST FOR ASSISTANCE – FILE REF: 25-1-15

15. TASTE OF TASMANIA – STALLHOLDER BOND INVOICES – FILE REF: 13-46-1

16. 2014 TASTE OF MELBOURNE – COUNCIL STUDY TRIP DELEGATION – 13-16 NOVEMBER 2014 – FILE REF: 13-46-1

17. TOWN HALL BOOKING – ART OF OPERA – 26 OCTOBER 2014 – USE OF FLAGPOLES – FILE REF: 60-11-17

18. OPEN HOUSE HOBART PROGRAM – REQUEST FOR COUNCIL SUPPORT – FILE REF: 25-1-1

STRATEGIC GOVERNANCE COMMITTEE

19. DRAFT LOCAL GOVERNMENT AMENDMENT (CODE OF CONDUCT) BILL 2014 – SUBMISSION – FILE REF: 13-2-25

20. LOCAL GOVERNMENT (GENERAL) REGULATIONS 2005 – REVIEW – FILE REF: 16-1-2

21. INTERNATIONAL RELATIONS – CITY OF XIAN – FRIENDSHIP/SISTER CITY AGREEMENT – FILE REF: 14-5-20

22. ALDERMANIC GIFTS REGISTER – FILE REFS: 13-10-2; 13-3-4

Page 5: 131014 Hobart City Council Agenda

AGENDA OPEN COUNCIL MEETING TABLE OF CONTENTS 13/10/2014

23. REIMBURSEMENT OF ALDERMEN’S LEGAL EXPENSES – COUNCIL POLICY – FILE REF: 13-2-24

24. ANNUAL REPORTS FROM REPRESENTATIVES ON EXTERNAL BODIES – FILE REFS: 13-15-1; 13-15-73

AUDIT COMMITTEE

25. ANNUAL REPORT ON AUDIT COMMITTEE ACTIVITIES -– 2013/2014– FILE REF: 20-14-5

26. CLOSED PORTION OF THE COUNCIL MEETING

Page 6: 131014 Hobart City Council Agenda

OPEN COUNCIL AGENDA Lord Mayor Thomas Deputy Lord Mayor Christie Aldermen Zucco Briscoe Ruzicka Sexton Burnet Cocker Harvey Hickey Foley Freeman

A meeting (Open Portion) of the Council will be held in the Council Chamber, Town Hall on Monday 13 October 2014, at 5.00 pm.

N D HEATH GENERAL MANAGER

PRESENT:

APOLOGIES:

LEAVE OF ABSENCE:

1. MINUTES OF THE LAST MEETING (OPEN PORTION) OF THE

COUNCIL HELD ON MONDAY 22 SEPTEMBER 2014

The Chairman reports that he has perused the minutes of the last meeting (Open Portion) of the Council held on Monday 22 September 2014, finds them to be a true record and recommends that they be taken as read and signed as a correct record.

2. TRANSFER OF AGENDA ITEMS

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 2005?

3. COMMUNICATION FROM THE CHAIRMAN 4. NOTIFICATION OF COUNCIL WORKSHOPS

In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2005, the General Manager reports that no Council workshops have been conducted since the last ordinary meeting of the Council.

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AGENDA OPEN COUNCIL MEETING PAGE 2 13/10/2014

5. PUBLIC QUESTION TIME 6. PETITIONS 7. CONSIDERATION OF SUPPLEMENTARY ITEMS TO THE

AGENDA In accordance with the requirements of Part 2 Regulation 8 (6) of the Local Government (Meeting Procedures) Regulations 2005, the Council, by absolute majority may approve the consideration of a matter not appearing on the agenda, where the General Manager has reported:

(a) the reason it was not possible to include the matter on the agenda, and (b) that the matter is urgent, and (c) that advice has been provided under Section 65 of the Local Government

Act 1993.

RECOMMENDATION That the Council resolve by absolute majority to deal with any supplementary items not appearing on the agenda, as reported by the General Manager in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2005.

8. INDICATIONS OF PECUNIARY AND CONFLICTS OF INTEREST

In accordance with Part 2 Regulation 8 (7) of the Local Government (Meeting Procedures) Regulations 2005, the chairman of a meeting is to request Aldermen to indicate whether they have, or are likely to have, a pecuniary interest in any item on the agenda. In addition, in accordance with the Council’s resolution of 14 April 2008, Aldermen are requested to indicate any conflicts of interest in accordance with the Aldermanic Code of Conduct adopted by the Council.

Accordingly, Aldermen are requested to advise of pecuniary or conflicts of interest they may have in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Council has resolved to deal with, in accordance with Part 2 Regulation 8 (6) of the Local Government (Meeting Procedures) Regulations 2005.

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AGENDA OPEN COUNCIL MEETING PAGE 3 13/10/2014

REPORTS OF COMMITTEES

DEVELOPMENT AND ENVIRONMENTAL SERVICES COMMITTEE

9. COUNCIL ACTING AS PLANNING AUTHORITY

In accordance with the provisions of Part 2 Regulation 25 of the Local Government (Meeting Procedures) Regulations 2005, the intention of the Council 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 Council will act as a planning authority in respect to those matters appearing under this heading on the agenda, inclusive of any supplementary items. The Council 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.

9.1 AREA OF RIVER DERWENT ADJACENT TO BATTERY POINT

FORESHORE BETWEEN AND INCLUDING ERROL FLYNN RESERVE (ALSO KNOWN AS 1 AND 15 MARIEVILLE ESPLANADE – CT. 104211/1) AND BATTERY POINT SLIPYARDS (ALSO KNOWN AS 18-44, 34-36, 38-40 AND 42-44 NAPOLEON STREET – CTS 39913/1, 2 AND 7) AND 52 NAPOLEON STREET, BATTERY POINT – SHARED PUBLIC ACCESSWAY, CAR PARKING SPACES AND ALTERATIONS, JETTY ALTERATIONS, PRIVACY WALL, FENCING, LANDSCAPING AND ASSOCIATED WORKS – PLN-14-00709-01 – FILE REF: 37-2-2 Ref. Open DESC 6.2.1, 6/10/2014

That: A. Pursuant to Part 13.5 of the Battery Point Planning Scheme

1979, the Council approve the application for a shared public accessway, car parking spaces and alterations, jetty alterations, privacy wall, fencing, landscaping and associated works at area of River Derwent adjacent to Battery Point Foreshore between and including Errol Flynn Reserve (also known as 1 and 15 Marieville Esplanade - CT. 104211/1) and Battery Point Slipyards (also known as 18-44, 34-36, 38-40 and 42-44 Napoleon Street - CTs 39913/1, 2 and 7) and 52 Napoleon Street, Battery Point for the reasons outlined in the report attached to item 6.2.1 of the Development and Environmental Services Committee agenda of 6 October 2014 and a permit containing the following conditions be issued:

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 4 13/10/2014

Item No. 9.1 continued

1. The use and development must be substantially in accordance with the documents and drawings that comprise the planning application No. PLN-14-00709-01 as outlined in Attachment A to the permit except where modified below.

Reason for condition To clarify the scope of the permit.

2. The use and development must comply with the

requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2014/00453-HCC dated 26 June 2014, as attached to the permit.

Reason for condition To clarify the scope of the permit.

3. The use and development must comply with the

requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision; Works Application No. 10541 dated 25 August 2014, as attached to the permit.

Reason for condition To clarify the scope of the permit.

4. Provision must be made for small watercraft access to

the boat shed and associated infrastructure at 54 Napoleon Street, Battery Point. Detailed design of the accessway demonstrating how this is to be achieved must be submitted to and be approved by the Council’s Director Development and Environmental Services prior to the issue of any building consent, building permit (including demolition) pursuant to the Building Act 2000. Once approved, the detailed design will form part of this permit and must be complied with.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 5 13/10/2014

Item No. 9.1 continued

Reason for condition To ensure access is maintained for watercraft using infrastructure at 54 Napoleon Street, Battery Point.

5. Prior to the issue of any building consent (including

demolition) pursuant to the Building Act 2000 or the commencement of works (whichever occurs first), an interpretation plan which provides for basic interpretation of the heritage values of the slipyard and nearby Battery Point waterfront area must be submitted to and be approved by the Council’s Director Development and Environmental Services. The approved interpretation plan must be implemented prior to the practical completion of the accessway approved under this permit.

Reason for condition To ensure that the cultural heritage values and history are communicated to the public utilising the area.

6. Prior to the issue of any building consent (including

demolition) pursuant to the Building Act 2000 or the commencement of works (whichever occurs first), a landscape plan must be submitted to and be approved by the Council’s Director Parks and Customer Services. Once approved, the landscape plan will form part of this permit and must be complied with.

Reason for condition To ensure that the final landscape design is appropriate to the setting and can be practicably maintained by the Parks and Recreation Unit, into the future.

7. Prior to the issue of any building consent (including

demolition) pursuant to the Building Act 2000 or the commencement of works (whichever occurs first), the exact proposed accessway route below mean high water mark (including 5 metre buffers either side) must be surveyed by a suitably qualified and experienced person to determine the presence or absence of significant Spotted Handfish spawning substrates and seagrass beds.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 6 13/10/2014

Item No. 9.1 continued

The results of this survey must be submitted to the Council’s Director Development and Environmental Services together with detailed plans and design drawings demonstrating that the accessway will not directly impact upon existing seagrass beds, or significantly reduce solar access to existing seagrass beds.

If significant Spotted Handfish spawning substrates are

present, proposed measures to offset the impact must be submitted to, and be approved by, the Council’s Director Development and Environmental Services prior to the commencement of works. Once approved the measures will form part of the permit and must be complied with.

Construction of the accessway must occur within 3

months of the survey being completed. In the event it is not, a further survey must be conducted as above, and further drawings/offset proposal must be submitted to and approved by the Council’s Director Development and Environmental Services. The subsequent measures, if approved will supercede the previous measures and must be complied with.

Reason for condition To minimise and offset the environmental impacts associated with the development.

8. Prior to the issue of any building consent (including

demolition) pursuant to the Building Act 2000 or the commencement of works (whichever occurs first), a proposed marine sub-surface construction monitoring and management program, prepared by a suitably qualified and experienced person must be submitted to, and approved by, the Council’s Director Development and Environmental Services. The proposed marine sub-surface construction monitoring and management program must include (but is not limited to) the following:

(i) it must propose regular targeted surveys through

the sub surface construction area within the River Derwent for Spotted Handfish, Three-fin Blennies or egg masses and Derwent River Sea Stars; and

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AGENDA OPEN COUNCIL MEETING PAGE 7 13/10/2014

Item No. 9.1 continued

(ii) it must propose measures to translocate Spotted Handfish, Three-fin Blennies/egg masses and Derwent River Sea Stars to suitable areas that will not be impacted by the development, or propose offset measures to compensate for any impacts expected (prior liaison with relevant agencies is recommended).

Once approved, the final marine sub-surface construction monitoring and management program will form part of this permit and must be implemented.

Advice: It is recommended that surveys be carried out within 2 days of subsurface work being commenced in an area.

Reason for condition To minimise and offset the environmental impacts associated with the development.

9. Prior to the issue of any building consent (including

demolition) pursuant to the Building Act 2000 or the commencement of works (whichever occurs first), detailed design documents for the works and development must be submitted to, and approved by the Council’s Director Development and Environmental Services. The detailed design documents must include (but are not limited to) the following:

(i) detailed measures proposed to reduce biofouling

accumulation on piles;

(ii) demonstrate that lighting for the accessway has been designed to minimise light spill into adjacent waters;

(iii) include proposed public awareness signage relating

to the environmental values and issues for the area;

(iv) demonstrate that balustrades will be transparent and/or translucent if solid balustrades are to be adopted; and

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 8 13/10/2014

Item No. 9.1 continued

(v) demonstrate that any rubbish receptacles will remain secure during storm surge events.

Once approved the final design will form part of this permit and must be complied with.

Reason for condition To minimise and offset the environmental impacts associated with the development.

10. Prior to the issue of any building consent (including

demolition) pursuant to the Building Act 2000 or the commencement of works (whichever occurs first) , a Construction Environmental Management Plan (CEMP) must be submitted to, and approved by, the Council’s Director Development and Environmental Services.

The CEMP must:

(i) detail the proposed works, methodology, staging

and timing of construction works and propose measures to minimise environmental impacts as a result of the construction works;

(ii) prohibit all construction activity below the mean

high water mark between August and December (inclusive);

(iii) detail the proposed pile types and piling

methodology (including any surface preparation), and specify proposed measures to minimise sediment re-suspension and migration (sediment curtains or similar may be appropriate for high-risk areas where their installation will not damage habitat) and any measures proposed to reduce noise emissions from piling activities;

(iv) detail a slow start-up procedure for piling activities

for the beginning of each construction period;

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 9 13/10/2014

Item No. 9.1 continued

(v) detail measures to be employed to minimise environmental impacts associated with construction equipment and machinery (including direct impacts and the potential for translocation of marine pests);

(vi) detail proposed terrestrial and intertidal soil and

water management measures to be implemented (including consideration of the potential presence of potential acid sulphate soils near Sandy Bay Rivulet);

(vii) specify a marine mammal monitoring regime and

specify that piling activities must cease if a marine mammal is observed within (or is believed to be present within) a 300 metre radius of the development site; and

(viii) include appropriate management and response

procedures to prevent and/or respond to the release of fuels or other pollutants during the construction process.

Once approved, the final CEMP will form part of this permit and must be implemented.

Reason for condition To minimise the environmental impacts associated with the development.

11. Prior to the issue of any building consent (including

demolition) pursuant to the Building Act 2000 or the commencement of works (whichever occurs first), measures proposed to reduce the risk to users of the accessway during storm surge events to tolerable levels must be submitted to, and approved by, the Council’s Director Development and Environmental Services. Once approved, the amended measures will form part of this permit and must be implemented.

Reason for condition To minimise risks to users of the accessway.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 10 13/10/2014

Item No. 9.1 continued

12. Design drawings and specifications of the work required by this permit must be submitted to and approved by the Council prior to the issue of any building consent under the Building Act 2000 or the commencement of any works on site (whichever occurs first). Documents must be prepared by a suitably qualified and experienced civil engineer or designer familiar with the Council's requirements and standards. Once approved, the design drawings and specifications will form part of this permit and must be complied with.

Reason for condition To ensure that all works are carried out to the Council’s standards.

13. All drainage, services and accesses to/at the site must be

constructed in accordance with the Municipal Standard Drawings and Specifications, and the approved drawings and specifications.

Reason for condition To ensure that all works are carried out to the Council’s standards.

14. The design and construction of the parking, access and

turning areas must generally comply with the Australian Standard, Parking Facilities, Part 1: Off-Street Car Parking, AS 2890.1 – 2004, to the satisfaction of the Council’s Director Development and Environmental Services.

Design drawings of these areas showing dimensions, levels/gradients and other details as necessary and demonstrating compliance with the above requirements must be submitted to and approved by the Council’s Director Development and Environmental Services prior to the issue of any building consent under the Building Act 2000 (including demolition) or the commencement of works on site (whichever occurs first). Once approved, the design drawings will form part of this permit and must be complied with.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 11 13/10/2014

Item No. 9.1 continued

Reason for condition To ensure that the access and parking layout for the development is to accepted standards.

15. The developer must pay the cost of any alterations

and/or reinstatement to the Council’s infrastructure incurred as a result of the proposed development works. Such payment must be made within 60 days of any demand.

Reason for condition To ensure that any Council infrastructure affected by the proposal is reinstated at the developer’s full cost.

16. Prior to the issue of any building consent under the

Building Act 2000 (including demolition) or the commencement of works on site (whichever occurs first), a construction management plan must be submitted and approved by the Council’s Director Development and Environmental Services and Director Infrastructure Services. Once approved, the construction management plan will form part of this permit and must be complied with.

Reason for condition To ensure that all works are carried out to the Council’s standards.

17. Prior to the issue of any building consent under the

Building Act 2000 (including demolition) or the commencement of works on site (whichever occurs first), a risk assessment and review of the proposed accessway design prepared by a suitably qualified and experienced engineer must be submitted to and be approved by the Council’s Director Infrastructure Services. The risk assessment and review must include consideration of:

(i) the handrails and median islands/delineators;

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AGENDA OPEN COUNCIL MEETING PAGE 12 13/10/2014

Item No. 9.1 continued

(ii) the compliance (or otherwise) of the proposed connected ramps at the accessway’s Napoleon Street end with the maximum change in height limits of AS1428.1; and

(iii) lighting of the public accessway.

If there is a requirement to deviate from the standards for technical reasons, documentation must be provided justifying the reasons for the non-compliance to the satisfaction of the Council’s Director Infrastructure Services. Once approved, all recommendations of the risk assessment and review will form part of this permit and must be complied with.

Reason for condition To ensure that all works are carried out to the accepted standards.

18. Prior to the issue of any building consent under the

Building Act 2000 (including demolition) or the commencement of works on site (whichever occurs first), a set of detailed design drawings, structural certificates of the proposed structures and documentation of compliance with all relevant standards and guidelines prepared by a suitably qualified and experienced engineer must be submitted to, and approved by, the Council’s Director Infrastructure Services. Once approved, the detailed design drawings will form part of this permit and must be complied with.

Advice: Note that certification is required for structural

certificates. Compliance with AS1428.1, AS/NZS 1158.3 and Austroads guides- Guide to Road Design Part 6A: Pedestrian and Cyclist Paths and other relevant standard or guideline to be noted.

Reason for condition To ensure that all works are carried out to the Council’s standards and the amenity and safety of the public is maintained.

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AGENDA OPEN COUNCIL MEETING PAGE 13 13/10/2014

Item No. 9.1 continued

B. The Council include the following advice to the applicant:

1. As approval is required for the use/development under the Building Act 2000, approval of the working drawings is required prior to the commencement of any works.

2. An application for a plumbing permit must be lodged in

accordance with the Building Act 2000 and Plumbing Regulations 2014, and a permit issued prior to the commencement of any plumbing work on site.

3. Where possible, the proponent is encouraged to

incorporate historical and cultural interpretation into the design.

4. The archaeological requirements as detailed in the

Tasmanian Heritage Council’s Condition 1 include the areas:

(a) within the slipyard itself; and

(b) within the areas included in the THR entry for the

Battery Point Shipping Activity Places (Part 1) (including inter-tidal and underwater areas) must be implemented.

5. Please contact the Council’s Manager Parks and

Recreation on telephone (03) 62382 882 to discuss the requirements of the landscape plan.

6. The site may possess conservation values which are of

national environmental significance (Spotted Handfish and significant habitat). The proposed development includes activities that may adversely impact on these values, and therefore may be subject to the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. It is therefore recommended that the applicant refer the proposal to the Commonwealth Environment Minister for determination as to whether the development requires approval under the Environment Protection and Biodiversity Conservation Act 1999. For more information on how to make a referral visit Environment Australia’s Website at www.environment.gov.au/epbc/index.html.

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AGENDA OPEN COUNCIL MEETING PAGE 14 13/10/2014

Item No. 9.1 continued

7. Please note that potentially-contaminating activities have occurred in the vicinity of the Battery Point Slipyards. If contaminated soil or sediments are present, their exposure and disturbance may present risks to human health. It is therefore recommended that appropriate occupational health and safety measures be employed during any earthworks in these areas to minimise human exposure to potentially contaminated soil, water, dust and vapours. Workplace Standards Tasmania or a suitably experienced and qualified occupational health and safety practitioner should be consulted for advice if required.

8. It is recommended that the final accessway design

minimises shading of the river bed to reduce impacts upon seagrass and to encourage seagrass recruitment.

9. It is recommended that final designs for the works in

Sandy Bay Rivulet provide additional habitat features.

10. Contaminated soil and sediments are likely to be ‘controlled wastes’ under the Environmental Management and Pollution Control (Waste Management) Regulations 2010. Any ‘controlled waste’ must be managed, transported and disposed of in accordance with the Regulations. Advice regarding the regulations should be sought from the Environmental Protection Authority Division of the Department of Primary Industries, Parks, Water and Environment. Information regarding requirements under the Regulations for the disposal of contaminated soil can be found in the Environmental Protection Authority Information Bulletin 105 Classification and Management of Contaminated Soil for Disposal.

11. Tasmanian standard drawings can be accessed on the

Local Government Association Tasmania website www.lgat.tas.gov.au.

12. Prior to the commencement of works on site, the

Council’s Infrastructure Services Division should be contacted in relation to the advice clauses below.

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AGENDA OPEN COUNCIL MEETING PAGE 15 13/10/2014

Item No. 9.1 continued

13. Prior to the commencement of any work within the road reservation by a private contractor, the owner must obtain a road opening permit, otherwise known as a permit to temporarily open up and occupy a highway pursuant to Section 46 of the Local Government (Highways) Act 1982, for any privately undertaken works in the highway reservation. This permit will include items such as hours of work, road safety, reinstatement, etc. Note that an application form and advice regarding the permit requirements can be found on the Council’s website www.hobartcity.com.au.

Once a permit has been issued the developer must contact the Council’s Project and Development Inspector on telephone 6238 2967 at least 48 hours notice prior to the commencement of any works. Please note completed applications for the permit must be accompanied by a safe work method statement. Any queries should be directed to the Council’s Traffic Engineering Unit on telephone 6238 2791.

14. Prior to any works commencing within the highway

reservation a license pursuant to the Council's by-laws must be obtained for the use of the public footpath or road pavement/reservation during construction for hoarding, scaffolding, signage, skip bins, cranes, scissor lifts or other equipment in accordance with conditions to be established by the Council. Prior to contacting the Council please refer to the advice on the Council’s website ‘Work in the Road Reservation’ www.hobartcity.com.au.

To apply for the relevant permit please submit completed application forms to [email protected] or mail to the Council’s Manager Traffic Engineering, Hobart City Council, GPO Box 503, Hobart, 7001. Note that all applications for permits and licences must be accompanied by a Safe Work Method Statement. Any queries should be directed to the Council’s Traffic Engineering Unit on telephone 6238 2791.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 16 13/10/2014

Item No. 9.1 continued

15. Stormwater runoff from the proposed development, including from parking and other paved areas, should be discharged to the Council’s infrastructure/legal point of discharge. An adequate overland flow path should also be maintained. To discuss overland flow path details, please contact the Council’s Stormwater and Waterways Engineer on telephone 6238 2790.

16. Stormwater pre-treatment and flow maintenance for

stormwater discharges from the new carparking/hardstand area should be installed. To discuss stormwater pre-treatment and flow maintenance options, please contact the Council’s Stormwater and Waterways Engineer on telephone 6238 2790.

Hobart City Council's Water Sensitive Urban Design Site Development Guidelines and Practice Notes are available from the Council’s website. For further detail, Council refers the applicant to Water Sensitive Urban Design: Engineering Procedures for Stormwater Management in Tasmania, available from www.derwentestuary.org.au. Please note that the State Stormwater Strategy requires/current best practice for stormwater treatment includes an 80% removal of total suspended solids, a 45% removal of total nitrogen, a 45% removal of total phosphorous, and maintenance of the 3 month ARI flows. Treatment for car parks should target hydrocarbons and fine sediments.

The Council recommends submission of a MUSIC

model or similar, with any alterations from the default values explained.

17. The proposed bridge over Sandy Bay Rivulet should be

designed to achieve at least 300mm freeboard between the 100 year ARI climate change flood level and the underside of the bridge. Consideration should also be given to overland flow paths should the bridge be overtopped.

A peer review by a suitably qualified environmental engineer of the proposed hardening and foundation structure in the current design also be considered.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 17 13/10/2014

Item No. 9.1 continued

18. In relation to the Council’s stormwater main, the footings and foundations of the accessway should:

(i) ensure that no additional loads are imposed on the

main from the structure;

(ii) incorporate appropriate measures to protect the main;

(iii) be accompanied by a structural certificate issued by

a suitably qualified engineer; and.

(iv) be inspected by a suitably qualified engineer during construction.

19. Details of the Council's existing underground

infrastructure are available on request at the Customer Service Centre, Elizabeth Street, Hobart. For assistance in locating the stormwater main, please contact the Council’s Stormwater and Waterways Operations Manager on telephone 6278 0223.

20. Adequate cover should be maintained over the Council’s

stormwater main. Adequate cover is defined as the larger of either 750mm or the depth determined from embedment calculations to relevant Australian standards (including construction traffic loadings) undertaken by a suitably qualified engineer.

21. Prior to the start of work, obtain the written consent of

the Hobart City Council to erect or permit to be erected any building or structure or carry out any landscaping that may change the contours of the land or restrict the free flow of water over the land or cause erosion within 10 metres from the top of the watercourse embankment of Sandy Bay Rivulet.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 18 13/10/2014

Item No. 9.1 continued

Please note that the permission of the Council under the Hydraulic Services By-Law 2008 must be sought prior to carrying out any earthworks or removal of vegetation within 10 metres of the top of bank of the Rivulet. An application for this permission, accompanied by suitable plans clearly showing the extent of the proposed works, should be submitted to the Council’s Environmental Scientist.

22. Prior to the commencement of works on site, the

following should be submitted to the Council’s Director Infrastructure Services in relation to the Council’s stormwater main:

(i) a construction programme and method for the

demolition/removal/diversion of the stormwater main; and

(ii) a digital copy of an in-pipe CCTV condition

assessment and associated report of the Council stormwater main where it is within 2 metres of the proposed works.

23. Prior to the commencement of works on site, a soil and

water management plan detailing proposed sediment and erosion control measures should be completed. The control measures shown in the Plan should:

(i) be installed prior to any disturbance of soil or

vegetation; (ii) be regularly inspected and maintained during the

construction/ demolition period to prevent soil and other materials entering the local stormwater system, roadways or adjoining properties; and

(iii) remain in place until such time as all disturbed

areas have been stabilised using vegetation and/or restored or sealed.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 19 13/10/2014

Item No. 9.1 continued

For further guidance on preparing soil and water management control measures, please refer to the proforma and Soil and Water Fact Sheet No.3 - Management Plans provided in the planning permit package or alternatively the Department of Environment, Parks, Heritage and the Arts has published Soil and Water Management Factsheets (2008). These are available from the Council or online at www.derwentestuary.org.au.

24. All proposed infrastructure within the Marieville

Esplanade road reservation should be designed by a suitably qualified and experienced engineer in accordance with the Institute of Public Works Engineering (IPWEA) Tasmanian Standard Drawings and Guidelines, the Department of State Growth specifications and all other relevant standards, guidelines and procedures.

25. The Marieville Esplanade access/egress area of the accessway should:

(i) be designed by a suitably qualified and experienced

traffic engineer;

(ii) show how the interactions between cyclists, pedestrians, park users and motorists will be safely managed; and

(iii) take into account pedestrian and cyclist traffic over

the current Sandy Bay Rivulet bridge.

26. Prior to the completion of this section of the accessway a traffic plan be prepared to consider road treatment improvements for cyclists and pedestrians entering onto Napoleon Street.

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AGENDA OPEN COUNCIL MEETING PAGE 20 13/10/2014

9.2 3 MARINE TERRACE, BATTERY POINT – ADDITIONAL DWELLING – PLN-14-00549-01 – FILE REF: 5585829 & P/3/663 Ref. Open DESC 6.2.3, 6/10/2014 Application Expiry Date: 18/10/2014

That: A. Pursuant to Part 13.5 of the Battery Point Planning Scheme

1979, the Council approve the application for an additional dwelling at 3 Marine Terrace, Battery Point for the reasons outlined in the report attached to item 6.2.3 of the Open Development and Environmental Services Committee agenda of 6 October 2014 and a permit containing the following conditions be issued:

1. The use and development must be substantially in

accordance with the documents and drawings that comprise the planning application No. PLN-14-00549-01 as outlined in Attachment A to the permit except where modified below.

Reason for condition To clarify the scope of the permit.

2. The use and development must comply with the

requirements of TasWater as detailed in the form Submission to Planning Authority Notice, Reference No. TWDA 2014/00332-HCC, dated 27 May 2014, as attached to the permit.

Reason for condition To clarify the scope of the permit.

3. The use and development must comply with the

requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, Works Application No. 4486 dated 27 August 2014, as attached to the permit.

Reason for condition To clarify the scope of the permit.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 21 13/10/2014

Item No. 9.2 continued

4. All stormwater from the proposed development (including hardstand runoff and rainwater tank overflows) must be discharged to the Council’s infrastructure. All costs associated with works required by this condition are to be met by the owner. All works required by this condition must be installed prior to issue of a certificate of occupancy.

Prior to the issue of any building consent, building permit (including demolition) and/or plumbing permit pursuant to the Building Act 2000 (if applicable) or the commencement of works on site (whichever occurs first) detailed design drawings of the proposed stormwater drainage and connection to the Council’s infrastructure, prepared by a suitably qualified and experienced engineer, must be submitted to and approved by the Council’s Director Infrastructure Services and the Council’s Director Development and Environmental Services. Once approved, the design drawings will form part of this permit and must be complied with. Reason for condition To ensure that stormwater from the site will be discharged to a suitable Council approved outlet.

5. If a new stormwater connection is required it must be

constructed by the Council at the owner’s cost at a size appropriate to satisfy the needs of the development. Engineering drawings detailing the connection to the Council’s infrastructure must be submitted to and approved by the Council’s Director Infrastructure Services prior to the issue of any building consent, building permit (including demolition) and/or plumbing permit pursuant to the Building Act 2000 (if applicable) or the commencement of works on site (whichever occurs first). Any existing stormwater connection to be abandoned must be clearly identified on these drawings, and be sealed by the Council at the owner’s cost prior to the issue of any certificate of completion. Once approved, the engineering drawings will form part of this permit and must be complied with.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 22 13/10/2014

Item No. 9.2 continued

Advice: Plumbing Regulations (2014) require a single stormwater connection per lot, at the lowest point practicable of the lot.

Reason for condition To ensure the site is drained adequately.

6. Prior to the issue of any building consent, building

permit (including demolition) and/or plumbing permit pursuant to the Building Act 2000 (if applicable) or the commencement of works on site (whichever occurs first), a detailed design and associated calculations (including pump curves) of the proposed stormwater pump system prepared by a suitably qualified and experienced engineer demonstrating compliance with the Hobart City Council's Guidelines for Property Owners and Developers “Private Stormwater Pumping Stations” must be submitted to and approved by the Council’s Director Infrastructure Services. All stormwater which is practicable to drain to the Council’s infrastructure via a gravity system (including suspended or charged systems) must do so.

The owner must supply a water management plan for the development that will identify the risk factors to the property, surrounding properties and the Council, of a private pumping system. Once approved, the design drawings and the water management plan will form part of this permit and must be complied with. Reason for condition To ensure the stormwater pump system is privately certified by a professional engineer and is in accordance with relevant Australian Standards and Council policies and regulations.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 23 13/10/2014

Item No. 9.2 continued

7. Prior to the issue of any building consent, building permit (including demolition) pursuant to the Building Act 2000 (if applicable) or the commencement of works on site (whichever occurs first), a soil and water management plan detailing proposed sediment and erosion control measures must be submitted to, and approved to the satisfaction of, the Council’s Director Development and Environmental Services. The approved control measures must be installed prior to any disturbance of soil or vegetation and be regularly inspected and maintained during the construction/ demolition period to prevent soil and other materials entering the local stormwater system, roadways or adjoining properties. The approved control measures must remain in place until such time as all disturbed areas have been stabilised using vegetation and/or restored or sealed to the satisfaction of the Council.

Advice: For further guidance on preparing soil and water management control measures, please refer to the proforma and the Department of Primary Industries, Parks, Water and Environment’s publication Soil and Water Fact Sheet 3 – Management Plans provided in the planning permit package, or alternatively this is available from the Council or online at www.derwentestuary.org.au.

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, and to comply with relevant State Legislation.

8. The car parking (constructed in accordance with

Condition 9 below) area must be constructed to a sealed standard and surface drained prior to the first occupation/new use of the building.

Reason for condition In the interest of the amenity of the development and the locality.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 24 13/10/2014

Item No. 9.2 continued

9. The proposed car parking area must comply with the following:

(i) Constructed to a sealed finish.

(ii) Vertical alignment must include transition curves

to the Council’s current standards.

(iii) The parking area must not exceed a maximum grade of 10% (1 in 10).

Design drawings for the driveway demonstrating compliance with the above requirements must be submitted to and approved by the Council’s Director Infrastructure Services and the Council’s Director Development and Environmental Services prior to the issue of any building consent, building permit (including demolition) pursuant to the Building Act 2000 (if applicable), or the commencement of works on site (whichever occurs first). Once approved, the design drawings will form part of this permit and must be complied with.

The design drawings required by the conditions of this permit must include but are not limited to, the following information:

(a) Construction details in a typical cross-section.

(b) Drainage details (crossfalls, kerblines, spot levels,

pits and reticulation details, pipe material, class and gradients).

Reason for condition In the interests of vehicle user safety and the amenity of the development.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 25 13/10/2014

Item No. 9.2 continued

10. Prior to the issue of any building consent, building permit (including demolition) pursuant to the Building Act 2000 (if applicable), or the commencement of works on site (whichever occurs first), design drawings demonstrating how the entrance deck will be supported independent of any earth-retaining structure supporting the Marine Terrace highway reservation, prepared by a suitably qualified and experienced engineer, must be submitted to and approved by the Council’s Director Infrastructure Services and the Council’s Director Development and Environmental Services prior to the issue of the building permit. Once approved, the design drawings will form part of this permit and must be complied with.

Reason for condition To ensure that the structural integrity of the Council’s highway reservation is not compromised by the development.

11. Prior to the issue of any building consent, building

permit (including demolition) pursuant to the Building Act 2000 (if applicable) or the commencement of works on site (whichever occurs first), a structural certificate signed by a suitably qualified and experienced engineer certifying the entrance deck will be supported independent of any earth-retaining structure supporting the Marine Terrace highway reservation, must be submitted to and approved by the Council’s Director Infrastructure Services and the Council’s Director Development and Environmental Services. Once submitted, the structural certificate will form part of this permit and must be complied with.

Reason for condition To ensure that the structural integrity of the Council’s highway reservation is not compromised by the development.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 26 13/10/2014

Item No. 9.2 continued

12. Prior to the issue of any building consent, building permit (including demolition) pursuant to the Building Act 2000 (if applicable) or the commencement of works on site (whichever occurs first), design drawings demonstrating how the stormwater connection to Marine Terrace will be installed through the retaining structure, prepared by a suitably qualified and experienced engineer, must be submitted to and approved by the Council’s Director Infrastructure Services and the Council’s Director Development and Environmental Services prior to the issue of the building permit. The penetration of the existing retaining structure must not undermine the integrity of the Marine Terrace highway reservation. Once approved, the design drawings will form part of this permit and must be complied with.

Reason for condition To ensure that the structural integrity of the Council’s highway reservation is not compromised by the development.

13. Prior to the issue of any building consent, building

permit (including demolition) pursuant to the Building Act 2000 (if applicable) or the commencement of works on site (whichever occurs first), a structural certificate signed by a suitably qualified and experienced engineer certifying the penetration of the existing retaining structure will not undermine the integrity of the Marine Terrace highway reservation, must be submitted to and approved by the Council’s Director Infrastructure Services and the Council’s Director Development and Environmental Services. Once submitted, the structural certificate will form part of this permit and must be complied with. Reason for condition To ensure that the structural integrity of the Council’s highway reservation is not compromised by the development.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 27 13/10/2014

Item No. 9.2 continued

14. Prior to the issue of any building consent, building permit (including demolition) pursuant to the Building Act 2000 (if applicable) or the commencement of works on site (whichever occurs first), the owner must lodge with the Council a comprehensive photographic record of the condition of the Council’s infrastructure (footpaths and driveway crossovers) at the road frontage to the site and adjacent to the site.

Any damage to the Council’s infrastructure (services, footpaths and driveway crossovers) during construction must be repaired within 30 days of demand to the satisfaction of the Council’s Director Infrastructure Services at the owner’s cost.

The photographic record will be relied upon to establish the extent of damage caused to the Council’s infrastructure during construction. In the event that the owner fails to provide a pre-construction photographic record of the site then any damage to the Council’s infrastructure found on completion of works will be deemed to be the responsibility of the owner and must be repaired within 30 days of demand to the satisfaction of the Council’s Director Infrastructure Services at the owner’s cost.

Advice: Any damage to Council’s infrastructure (services, footpaths and driveway crossovers) during construction must be reported to the Council’s Project and Development Inspector, on telephone 6238 2967 within 5 working days.

Reason for condition To ensure that any Council infrastructure and/or site related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 28 13/10/2014

Item No. 9.2 continued

15. Prior to the issue of any building consent, building permit (including demolition and/or plumbing permit pursuant to the Building Act 2000 (if applicable) or the commencement of works on site (whichever occurs first), the owner must lodge with the Council security in the form of a cash deposit or bank guarantee from an approved financial institution, for an amount of $2,000 for the protection from damage of the Council's frontage and stormwater infrastructure, during construction of the development, such bond to be released once the works are completed should no damage occur.

Advice: The Council’s Project and Development Inspector must be contacted at least 24 hours prior to the commencement of any works to locate and inspect public infrastructure within and adjacent to the development site.

Once the works are completed, please contact the Council s Project and Development Inspector on telephone 6238 2967 to arrange an inspection prior to the release of the Council’s infrastructure bond.

Reason for condition To ensure the protection of the Council's infrastructure.

16. The owner must pay the cost of any alterations and/or

reinstatement to the Council’s infrastructure incurred as a result of the proposed development works. Such payment is to be made within 30 days of the issue of any demand.

Reason for condition To ensure that any Council infrastructure and/or site related service connections affected by the proposal will be altered and/or reinstated at the owner’s full cost.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 29 13/10/2014

Item No. 9.2 continued

17. An obscure (translucent) fixed screen with a minimum height of 1.5 metres above the floor level of the proposed rear deck must be installed and maintained along the western side of the main section of that deck. This screening must be installed prior to the use of the deck. Prior to the issuing of a building permit/consent under the Building Act 2000 (including demolition) or the commencement of works on site (whichever occurs first), amended plans demonstrating compliance with this condition must be submitted to and be approved by the Council’s Director Development and Environmental Services. Once approved, the amended plans will form part of this permit and must be complied with.

Reason for condition To ensure the maintenance of a reasonable standard of privacy for the existing dwelling and rear garden on the balance of the subject site at No.3 Marine Terrace, Battery Point.

18. The finished floor level of the upper level of the

proposed dwelling is to be no higher than RL15.1 and the overall height of the dwelling to RL19.8.

Reason for condition

To minimise the impact of the proposed dwelling on the property at 5 Marine Terrace, Battery Point.

19. The proposed louvered screen on the eastern elevation of

the proposed dwelling is to be deleted and replaced with a 1.5 metre high obscure glass balustrade to match the proposed balustrade on the eastern side of the deck.

Reason for condition

To minimise the impact of the proposed dwelling on the property at 5 Marine Terrace, Battery Point.

20. The gable roof overhang of the rear deck is to be

reduced in length to a maximum of 300mm.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 30 13/10/2014

Item No. 9.2 continued

Reason for condition

To minimise the impact of the proposed dwelling on the property at 5 Marine Terrace, Battery Point.

B. The Council include the following advice to the applicant: -

1. As approval is required for the use/development under

the Building Act 2000, approval of the working drawings is required prior to the commencement of any works or the occupancy of the premises.

2. An application for a plumbing permit must be lodged in

accordance with the Building Act 2000, the Plumbing Regulations 2014 and the Tasmanian Plumbing Code, and a permit issued prior to the commencement of any plumbing work on site.

3. This application does not include a front fence. It is

recommended that installation of a front fence be considered that meets the provisions of Section B.2 Condition (a)(ii) of the Battery Point Planning Scheme 1979. Please note that prior to installation of such a fence, planning approval would be required to be sought and gained.

4. The owner is to accept any responsibility for the effect

that any run-off from any hardstand may have on this or any other land and the ultimate disposal to a stormwater system as and when directed by the Council.

5. Note that you are required to ensure that all excavation

works, drains and structures associated with the development are retained within the boundaries of the subject site. This includes any guttering and eaves overhangs.

6. Pedestrian and vehicle access must be maintained along

the footpaths and road(s) on the frontage of the site during construction and until the development is completed.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 31 13/10/2014

Item No. 9.2 continued

7. Please note that the agreement of the Council’s Manager Road and Environmental Engineering is required to adjust footpath levels to suit the design of any proposed floor levels or entrances to the development prior to the issue of any building consent, building permit (including demolition) pursuant to the Building Act 2000 or the commencement of works on site (whichever occurs first).

8. Prior to any works commencing within the highway

reservation a licence pursuant to the Council's By-laws must be obtained for the use of the public footpath or road pavement during construction (hoarding/scaffolding/signage/skip bins/cranes/concrete pump/cherry picker), in accordance with conditions to be established by the Council.

Prior to contacting the Council please refer to the advice on the Council’s web page ‘Work in the Road Reservation’ www.hobartcity.com.au. To apply for the relevant permit please submit completed application forms to [email protected] or mail to the Council’s Manager Traffic Engineering, Hobart City Council, GPO Box 503, Hobart 7001. Any queries should be directed to the Council’s Traffic Engineering Unit on telephone 6238 2791.

All applications for permits and licences must be accompanied by a safe work method statement.

9. You are required to obtain a parking permit for

development construction vehicles to occupy any restricted parking zone on the development site road frontage. Please contact the Council’s Manager Parking Operations on telephone 6238 2775.

10. Prior to the commencement of development works, the

owner must obtain a permit to temporarily open up and occupy a highway pursuant to Section 46 of the Local Government (Highways) Act 1982, for any privately undertaken works in the highway reservation.

This permit will include items such as hours of work, road safety, reinstatement, etc.

cont.../

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AGENDA OPEN COUNCIL MEETING PAGE 32 13/10/2014

Item No. 9.2 continued

An application form and advice regarding the permit requirements can be found on the Council’s website www.hobartcity.com.au/Transport/Lighting Road Footpaths and Street Cleaning/Roads and Footpaths.

Once a permit has been issued the developer must contact the Council’s Project and Development Inspector on telephone 6238 2967 at least 48 hours notice prior to the commencement of any works. Please note completed applications for a permit to temporarily open up and occupy a highway must be accompanied by a safe work method statement.

11. The right-of-way must not be reduced, restricted or

impeded in any way, and all beneficiaries must have complete unrestricted access at all times.

12. If the proposed stormwater pump system creates a noise

nuisance, acoustic treatment be provided to ensure compliance with the Environmental Management and Pollution Control Act 1994.

9.3 1-3 ELIZABETH STREET (PART OF CT. 32426/1), HOBART – SIGNAGE – PLN-14-00944-01 – FILE REF: 5661182 & P/10-14/437 Ref. Open DESC 6.3.1, 6/10/2014 Application Expiry Date: 7/10/2014 (Extension of time granted to 18/11/2014)

That: A. Pursuant to Part C of the Sullivans Cove Planning Scheme

1997, the Council approve the application for signage at 1-3 Elizabeth Street (Part of CT. 32426/1), Hobart for the reasons outlined in the report attached to item 6.3.1 of the Open Development and Environmental Services Committee agenda of 6 October 2014 and a permit containing the following conditions be issued:

1. The use and development must be substantially in

accordance with the documents and drawings that comprise the planning application No. PLN-14-00944-01 as outlined in Attachment A to the permit except where modified below.

cont.../

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Item No. 9.3 continued

Reason for condition To clarify the scope of the permit.

2. The use and development must comply with the

requirements of the Tasmanian Heritage Council as detailed in the Notice of Heritage Decision, Works Application No. 4572 dated 23 September 2014, as attached to the permit.

Reason for condition To clarify the scope of the permit.

3. All signage must be removed from the site when the

removal of the Mawson’s Huts replica structures takes place.

Reason for condition To ensure that the signage is temporary only.

B. The Council include the following advice to the applicant:

1. Please consult your private building surveyor to

ascertain whether the proposal requires approval under the Building Act 2000. Where approval is required this is to be obtained from Council prior to the installation of the signage.

9.4 22-24 CROMWELL STREET (LOT 7), BATTERY POINT – PARTIAL DEMOLITION, FRONT FENCE AND ALTERATIONS – PLN-14-00863-01 – FILE REF: 5570707 & P/22-24/420 Ref. Special Open DESC 2.1.1, 13/10/2014 Application Expiry Date: 8/9/2014 (Extension of time granted to: 13/10/2014)

In accordance with the request of the applicant the item be withdrawn from the agenda.

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AGENDA OPEN COUNCIL MEETING PAGE 34 13/10/2014

FINANCE AND CORPORATE SERVICES COMMITTEE

10. FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2014 – FILE REF: 20-14-3 Ref. Special Open FCSC 2, 13/10/2014

That the financial statements for the year ended 30 June 2014, marked as Attachment D to item 2 of the Special Open Finance and Corporate Services Committee agenda of 13 October 2014, be adopted.

INFRASTRUCTURE SERVICES COMMITTEE

11. SANDY BAY ROAD CYCLING PROJECT – STAGE 2 – WARNING LIGHTS FOR DRIVEWAYS – FILE REF: 820 Ref. Open ISC 5, 24/9/2014 That: 1. Flashing warning lights with an appropriate timing switch be installed

at residents’ driveways between 344-362 Sandy Bay Road, Sandy Bay as soon as possible with the cost of installation to be borne by the Council and the ownership and responsibility for the operation and maintenance of the lights being transferred to the property owners.

(i) The installation of flashing warning lights, at an approximate

cost of up to $1,000 per property be funded from the Sandy Bay Cycleway project function of the 2014/2015 Annual Plan.

2. A report be prepared on the introduction of an appropriate speed limit

for cyclists on the shared path on Sandy Bay Road, between Marieville Esplanade and Derwentwater Avenue.

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AGENDA OPEN COUNCIL MEETING PAGE 35 13/10/2014

12. GREENHOUSE GAS EMISSIONS AND ENERGY USE – FILE REF: 17-50-1 Ref. Open ISC 6, 24/9/2014 That: 1. The Energy Savings Action Plan 2014-2017, marked as Attachment B

to item 6 of the Open Infrastructure Services Committee Agenda of 24 September 2014, be endorsed.

2. The Council’s greenhouse gas emission target for 2020 be amended to

17,000 tonnes CO2-e per annum or 17% below the 2010 baseline. 3. The Council adopt an energy use reduction target of 35% by 2020

from 2010 levels. 4. The Council not purchase carbon offsets to achieve carbon neutral

status, at this time.

5. A further report be provided in 12 months on the projects and activities supported by the Greenhouse Gas Fund and other Council projects which are reducing energy use or greenhouse gas emissions.

MARKETING AND EVENTS COMMITTEE

13. CITY OF HOBART CHRISTMAS DECORATIONS COMPETITION 2014 – FILE REF: 13-25-2 Ref. Open MEC 5, 25/9/2014 That: 1. The Council approve the implementation of a City of Hobart

Christmas decorations competition for 2014, including the following features and conditions:

(i) The competition be open to all organisations in the Hobart City

Council municipal area that have street visibility (accessible to the public), including not-for-profit charitable or community services, and shopping centres where individual businesses would be eligible to enter, but excluding residential properties.

cont.../

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Item No. 13 continued

(ii) The competition include a formal judging component for organisations entering the competition, assessed by a judging panel of three people, including an Alderman nominated by the Council, an events theming specialist or similar, and a third person, potentially representing a media partner, as well as a ‘People’s Choice’ component for the public to nominate their favourite display.

(iii) The competition feature four categories in which eligible

organisations may enter:

(a) Retail; (b) Service; (c) Hospitality/attraction; and (d) Not-for-profit charitable or community services/facility.

(iv) The winners in each of the four categories win a $1,000 cash

donation made by the Council to their charity of choice, with the winning organisation to also receive a certificate and trophy.

(v) The organisation whose display receives the most number of

people’s choice nominations win a further ‘People’s Choice’ cash donation of $1,000 made by the Council to a charity of its choice.

(vi) A member of the public be randomly drawn from all entries

nominating a ‘People’s Choice’ winner, to receive an iPad and five Hobart Aquatic Centre family passes.

(vii) The competition period coincide with the Myer Hobart

Christmas Pageant to be held on 15 November 2014 and run for one month, up to and including 15 December 2014.

2. The cost of the promotion, in the order of $18,000, be allocated to the

City Marketing Function in the 2014/2015 Annual Plan.

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14. CRUISING YACHT CLUB OF AUSTRALIA – REQUEST FOR ASSISTANCE – FILE REF: 25-1-15 Ref. Open MEC 6, 25/9/2014 That: 1. The Council provide the following in-kind support to the organiser of

the 2014 Sydney to Hobart Yacht Race, the Cruising Yacht Club of Australia (CYCA):

(i) The waiving of civic banner site fees for the Hobart waterfront at

a cost of $600, with the Race organiser to incur any installation costs;

(ii) The loan of five computers for a period of two weeks for use in

the Waterside Pavilion, for the Race Media Centre at a cost of $700, including Council staff time required to set up the equipment;

(iii) The offer of non-commercial hire fees for the use of the

Waterside Pavilion, from 22 December 2014 to 4 January 2015, at an estimated cost of $2,300;

(iv) The waiving of the hire fees for the use of the Youth Arts and

Recreation Centre for the storage of competitors’ clothing for eight days at a cost of $2,500; and

(v) Announcements at The Taste of Tasmania of the names of those

Race entrants that ‘sail past’ the Princes Wharf Shed No. 1 apron, where operationally feasible.

2. The Council provide a cash grant of approximately $800 to meet the

cost of the production of two trophies that are to be awarded under the following categories:

(i) Navigator on the first boat on correct time; and (ii) Second boat overall on corrected time.

3. The cost of the fee waiver for the Civic Banners, computer loan and

cash grant as referenced in Clauses 1 (i),(ii) and 2, above, amounting to $2,100, be attributed to the allocation for Major Event and Festival Grants in the 2014/2015 Annual Plan.

4. The total value of the financial and in-kind support provided to the

2014 Sydney to Hobart Yacht Race of $7,850 be recorded as a grant in the Council’s 2014/2015 Annual Report.

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15. TASTE OF TASMANIA – STALLHOLDER BOND INVOICES – FILE REF: 13-46-1 Ref. Open MEC 7, 25/9/2014 That pursuant to Council Policy 4-05-07 ‘Collection and Reporting of Outstanding Sundry Debts’ the payment terms for Taste of Tasmania stallholder bond invoices be varied from the current 30 days to 14 days, for the 2014/2015 event only.

16. 2014 TASTE OF MELBOURNE – COUNCIL STUDY TRIP

DELEGATION – 13-16 NOVEMBER 2014 – FILE REF: 13-46-1 Ref. Open MEC 8, 25/9/2014 That: 1. A Council study delegation visit the 2014 Taste of Melbourne from

13-16 November 2014, to experience the operation of the event’s ticketing and ‘charge card' systems.

2. The cost of Aldermanic attendance at the Taste of Melbourne, at a

cost of approximately $1,000 per person, be funded from the Aldermanic Conference allocation in the City Government Function of the 2014/2015 Annual Plan.

3. The cost of officers attending the Taste of Melbourne be met by the

allocation for The Taste of Tasmania in the Council’s 2014/2015 Annual Plan.

4. Aldermen Zucco and Hickey attend the event.

(i) Further Aldermanic nominations be sought at the Council meeting.

5. Noting the impending 2014 Local Government Elections scheduled to

occur in October 2014, any newly elected Aldermen also be invited to attend the event.

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17. TOWN HALL BOOKING – ART OF OPERA – 26 OCTOBER 2014 – USE OF FLAGPOLES – FILE REF: 60-11-17 Ref. Open MEC Supp. 12, 25/9/2014 That: 1. The request from the Chinese Art Society to utilise the flag poles at

the front of the Town Hall to promote The Art of Chinese Opera, to be conducted at the Town Hall on 26 October 2014, be approved, on the basis that the nature of the free event is aligned to the Council’s activities in developing Asian relationships.

(i) The General Manager be authorised to determine appropriate

conditions of use.

2. The General Manager be delegated the authority to determine any future requests for use of the Town Hall flag poles which fall outside the Council’s established usage, as outlined in clause 2.3 of the report marked as supplementary item 12 of the Open Marketing and Events Committee agenda of 25 September 2014.

(i) The General Manager develop guidelines for the future use of

the Town Hall Flag Poles. 18. OPEN HOUSE HOBART PROGRAM – REQUEST FOR COUNCIL

SUPPORT – FILE REF: 25-1-1 Ref. Special Open MEC 2, 13/10/2014 That: 1. The Council support the Australian Institute of Architects (Tas

Chapter) event, Open House Hobart, to be conducted on 22 November 2014 and provide a financial contribution of $3,000, to be funded from the Development and Environmental Services function within the 2014/2015 Annual Plan.

2. The Dorney House be made available for inclusion in the program and

the Council waive the normal hire fee of $300 (day rate for not-for-profit hirer).

(i) The Council’s assistance be recorded as a grant in the 2014/2015

Annual Report, in accordance with the policy in respect to disclosure of grants and benefits.

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AGENDA OPEN COUNCIL MEETING PAGE 40 13/10/2014

STRATEGIC GOVERNANCE COMMITTEE

19. DRAFT LOCAL GOVERNMENT AMENDMENT (CODE OF CONDUCT) BILL 2014 – SUBMISSION – FILE REF: 13-2-25 Ref. Open SGC 5, 7/10/2014 That: 1. In response to the draft Local Government Amendment (Code of

Conduct) Bill 2014, the Council provide the following recommendations to the Local Government Division:

(i) The Council supports the establishment of a Code of Conduct

Panel with the Minister for Planning and Local Government appointing a pool of members for the Panel made up of persons who are lawyers or who have Local Government experience, similar to the current pool appointed for the Standards Panel by the Local Government Association of Tasmania;

(ii) The Council supports the development of a model Code of

Conduct but requests that it be reviewed every four years to ensure its currency;

(iii) The Council recommends that there be a provision in the model

Code of Conduct which legislates for the disclosure of political donations;

(iv) The Council supports the dismissal of Code of Conduct

complaints that are of a frivolous or vexatious nature;

(v) The Council supports the Panel’s additional sanctioning powers to suspend a councillor from office;

(vi) The Council supports the proposed changes to make Annual

General Meetings (AGM’s) optional;

(vii) The Council supports the notion that if a Council decides to not hold an AGM it must still invite submissions on its Annual Report in an open session of an ordinary Council meeting;

(viii) The Council supports a change to the definition of electoral

advertising to specifically include internet advertising to enable consistency with the Electoral Act 2004 (Tasmania); and

cont.../

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Item No. 19 continued

(ix) The Council supports the proposed change which restricts eligibility for nomination as a councillor to Tasmanian residents.

(x) The Council supports the words ‘or occupier’ being deleted from

Section 254(2)(a) of the Local Government Act 1993.

(xi) The Council supports the sanction powers being increased in the event of a more serious breach of the Code of Conduct.

(a) Further clarification be sought as to what constitutes a

major and minor breach of the Code of Conduct including details of those breaches that would count towards the vacation of office.

2. The Council request the State Government to conduct a review of the

rules of eligibility for inclusion on the General Manager’s Roll, with the results being provided in a timely manner to enable amendment to the legislation prior to the next local government elections, should this be deemed necessary.

3. The Government be requested to reconsider local government

elections being conducted at the ballot box with compulsory voting as is the case for the other two levels of government.

4. Online voting for local government elections be considered.

20. LOCAL GOVERNMENT (GENERAL) REGULATIONS 2005 – REVIEW – FILE REF: 16-1-2 Ref. Open SGC 6, 7/10/2014 That in response to the review of the Local Government (General) Regulations 2005, the Council provide the following recommendations to the Local Government Division: (i) The Council supports the prescription of the size of election candidate

signage however, it should not be up to Local Government to determine what the appropriate dimensions of that signage should be;

(ii) The Council supports the expansion of the Local Government Act and

Regulations to require candidates to disclose political donations; cont.../

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Item No. 20 continued

(iii) The Council supports the expansion of Division 4 to regulate electoral advertising via the internet;

(iv) The Council does not support an increase to the Local Government

procurement threshold for the supply of goods and services as it will impose another layer of red tape as there are significant differences within supply chain and category spend across the procurement spectrum and that raising the tender threshold could have an adverse effect on the market;

(v) The Council supports the provision of guidance as to what is encapsulated

in the principle of ‘enhancement of the capabilities of local business and industry’ but suggests a more collaborative approach, where appropriate, with local suppliers to build capacity and capability, ultimately providing opportunities to tender for Local Government and State Government work;

(vi) The Council supports a review of the Land Information Certificate (Section

337 Certificate), however, suggests that the information Councils are required to provide be narrowed so that Councils only provide information which is within its remit; and

(vii) The Council seeks a commitment from the Tasmanian Government to re-

commit Vendor Disclosure Legislation to the Parliament.

21. INTERNATIONAL RELATIONS – CITY OF XIAN – FRIENDSHIP/SISTER CITY AGREEMENT – FILE REF: 14-5-20 Ref. Open SGC 7, 7/10/2014 That: 1. The Council agree to the signing of a Friendship/Sister City agreement

with the City of Xi’an in November 2014.

2. The Draft Friendship City Agreement between the Cities of Hobart and Xi’an, marked as Attachment B to item 7 of the Open Strategic Governance Committee agenda of 7 October 2014, be endorsed.

3. The City of Hobart/Xi’an Friendship/Sister City Agreement – Draft

Strategic Action Plan, marked as Attachment C to item 7 of the Open Strategic Governance Committee agenda of 7 October 2014, be endorsed.

4. The General Manager be authorised to finalise the timing and further

details of the signing.

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22. ALDERMANIC GIFTS REGISTER – FILE REFS: 13-10-2; 13-3-4 Ref. Open SGC 8, 7/10/2014 That: 1. The Aldermanic Gifts Register (excluding information in respect to

political donations) be made available on the Council’s website and updated on a quarterly basis.

2. In respect to the reporting of political donations, this issue form part

of the model Code of Conduct proposed through the draft Local Government Amendment (Code of Conduct) Bill 2014, as referred to at item 19 of this agenda at Clause 1 (iii).

23. REIMBURSEMENT OF ALDERMEN’S LEGAL EXPENSES – COUNCIL POLICY – FILE REF: 13-2-24 Ref. Open SGC 9, 7/10/2014 3x’s Attachment 23/P1-3 Draft Council Policy - Aldermanic Legal

Expenses – Reimbursement That the draft Council policy titled Aldermanic Legal Expenses – Reimbursement, as attached, be adopted.

24. ANNUAL REPORTS FROM REPRESENTATIVES ON EXTERNAL BODIES – FILE REFS: 13-15-1; 13-15-73 Ref. Open SGC 10, 7/10/2014 That: 1. The Council continue its annual membership of the Tasmanian Polar

Network, at a cost of $330 to be funded from the Economic Development Function within the 2014/2015 Annual Plan.

2. The General Manager prepare a report to investigate the possibility of

recording meeting attendance of all representatives on external bodies.

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Title: Aldermanic Legal Expenses - Reimbursement

Subject:

Policy Number:

Adopted By Council:

Next Review:

Responsible Officer: Deputy General Manager (maybe GM??)

Objectives: The objective of this policy is to specify the circumstances under which Aldermen are entitled to reimbursement of legal expenses in accordance with clause 1(2)(b) of Schedule 5 of the Local Government Act 1993.

Background: Clause 1(1) of Schedule 5 of the Local Government Act 1993 requires the Council to adopt a policy with respect of payment of expenses incurred by Aldermen in carrying out the duties of office. Subclause (2) entitles an Alderman to be reimbursed for reasonable expenses in accordance with the policy adopted under subclause (1) in relation to any expenses prescribed in the Local Government (General) Regulations 2005 and any other expenses the Council determines appropriate.

Policy: 1. Pursuant to clause 1(2)(b) of Schedule 5 of the Local Government Act 1993 an Alderman will be reimbursed their reasonable legal expenses in the following circumstances:

a. Where the Alderman is defending or responding to a claim, action or demand made by a third party against the Alderman;

b. Where the Alderman is acting as a plaintiff in a claim, action or demand against a third party to the extent that the Alderman may obtain initial advice regarding the merits of their claim.

2. Any reimbursement provided in accordance with this policy is subject to:

a. The Alderman acting in accordance with the functions of an Alderman as specified in s28 of the Local Government Act 1993; and

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b. The Alderman acting in good faith; and c. The quantum of costs sought to be reimbursed being

reasonable. 3. In determining whether an individual Alderman is entitled to

reimbursement in accordance with this policy, the General Manager is to obtain professional external legal advice that the criteria in part 2 of this policy have been satisfied.

4. No reimbursement for legal expenses will be provided to an Alderman in relation to any claims, actions or demands made against another Alderman or the Council itself.

5. For the purposes of this policy, the term “third party” excludes another Alderman, the Council as an organisation and any single or joint authorities that the Council has established pursuant to the provisions of the Local Government Act 1993.

6. Where: a. an Alderman is entitled to reimbursement of legal

expenses in accordance with this policy; and b. that Alderman is successful in the proceedings; and c. in those proceedings that Alderman receives an award of

costs and/or damages then any reimbursement in accordance with this policy is to be discounted by the value of any sum awarded as part of the proceedings.

7. Notwithstanding the terms of this policy, the Council may act other than in accordance with this policy by resolution.

Legislation, Terminology and References:

Local Government Act 1993 SCHEDULE 5 - Office of Councillors 1. Expenses (1) A council, on or before 1 January 2006, is to –

(a) adopt a policy in respect of payment of expenses incurred by councillors in carrying out the duties of office; and (b) make a copy of the policy available for public inspection.

(2) A councillor is entitled to be reimbursed for reasonable expenses in accordance with the policy adopted under subclause (1) in relation to –

(a) any prescribed expenses; and (b) any other expenses the council determines appropriate.

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History Council Policies are reviewed annually with amendments to a Policy listed below

Date Policy first adopted:

Amendments

e.g. Annual Policy Review/Legislative Amendment

Details of Policy Amendments are located on the Council Business Centre

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AUDIT COMMITTEE

25. ANNUAL REPORT ON AUDIT COMMITTEE ACTIVITIES -– 2013/2014– FILE REF: 20-14-5 Ref. Audit 7, 30/9/2014 13x’s Attachment 25/P1-13 Report of the Chairman of the Audit

Committee of 8 October 2014.

The General Manager reports: “The attached report of the Chairman of the Council’s Audit Committee is referred to the Council for determination”.

26. CLOSED PORTION OF THE COUNCIL MEETING

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 – File Ref: 13-2-2

LG(MP)R 15(2)(i) Item No. 4 Consideration of Supplementary Items to the Agenda Item No. 5 Indications of Pecuniary and Conflicts of Interest Item No. 6 Council Voting Pattern – File Refs: 13-1-9; 5671014 &

P/55-59/694 LG(MP)R 15(2)(f)

Item No. 7 Hobart Christmas Promotions – File Ref: 36-20-9 LG(MP)R 15(2)(c)

Item No. 8 Carols by Candlelight – File Ref: 13-25-3 LG(MP)R 15(2)(c)

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TO : Council

FROM : Chairman, Audit Committee

DATE : 8 October 2014

SUBJECT : ANNUAL REPORT ON AUDIT COMMITTEE ACTIVITIES -– 2013/2014

FILE : 20-14-05 HS:CW (s:\_data\city management\internal audit\review of audit committee\2014 review\r - audit committee activities 2013_2014 following ac meeting.docx)

1. INTRODUCTION

1.1. This purpose of this report is to provide the Council with an overview ofthe Audit Committee activities undertaken during the 2013/2014 as required by the Committee’s Terms of Reference.

2. BACKGROUND

2.1. The Audit Committee is a Special Committee of the Council establishedunder Section 24 of the Local Government Act 1993.

2.2. The objective of the Committee is to provide independent assurance and assistance to the Council in relation to the organisations risk, control and compliance framework, and its external accountability responsibilities.

2.3. The Terms of Reference for the Audit Committee, Section 5 – Communication and reporting of activities sets out the reporting requirements:

“The committee will regularly, but at least once a year, report to the Council on its operations and activities during the year. The report should include:

• A summary of the work the committee performed to discharge itsresponsibilities from the previous year including results from theself-assessment; and

• An overall assessment of the Council’s risk, control andcompliance framework, including details of any significantemerging risks impacting on the City of Hobart.

2.4. The Terms of Reference, Section 5.3 – Advice to Council sets out the provision of advice that can be provided to the Council:

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“The Committee, as required will provide the following advice to the Council:

• The adequacy of strategic risk management and emerging risks.

• The adequacy of internal audit resources to carry out itsresponsibilities, including completion of the approved internalaudit plan.

• Actions taken on significant issues identified in audit reports andbetter practice guidelines.

• The financial sustainability of the Council in reference to theLong Term Financial Management Plan and annual budgetoutcomes.

• Special projects with Extreme or High risk rating and/orsignificant impact on the Council’s financial management.

• Progress of implementation of Risk Treatment Plans developed tomitigate residual and inherent strategic risks that remain ratedExtreme or High.

• The committee may, at any time, report to the Council any othermatter it deems of sufficient importance to do so.”

2.5. This report provides the annual report of the Audit Committee in accordance with its terms of reference as follows.

3. COMMITTEE MEMBERSHIP

3.1. The Committee membership during the 2013/2014 financial year periodremained as follows:

• Alderman Cocker (Chairman)

• Alderman Zucco

• Alderman Hickey

• Ms Sue Baker – Independent Member

• Mr David Hudson – Independent Member

3.1.1. The term of office for the independent members, Ms Sue Baker and Mr David Hudson, expired on 1 October 2014. The contributions to the Audit Committee, in particular, the completion of the annual work plan and associated activities was undertaken in a professional manner and acknowledged.

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3.2. Seven meetings of the Audit Committee were held during the 2013/2014 financial year period:

• 2 July 2013 (rescheduled from 18 June 2013, was included withinthis 2012/2013 reporting period)

• 12 August 2013 (special meeting – presentation of financialstatements)

• 8 October 2013

• 3 December 2013

• 6 May 2014

• 10 June 2014 (special meeting – budget and the long-term financialmanagement plan)

• 17 June 2014

3.3. The attendance of members for the period is as follows:

Member

12/8

/201

3

8/10

/201

3

3/12

/201

3

6/5/

2013

10/6

/201

4

17/6

/201

4

Alderman Cocker (Chairman) A

Alderman Zucco X A X A X A

Alderman Hickey

Ms Sue Baker – Independent Member A

Mr David Hudson – Independent Member A=Apology / X=Absent

3.4. One Audit Committee workshop was also held on 12 August 2014 to:

(a) Develop self-assessment criteria including key performance indicators.

(b) Review activities undertaken during 2013/14 financial year against the Terms of Reference.

(c) Review the current Terms of Reference to maintain its currency.

(d) Review the new requirements of the Local Government Act 1993, Division 4 – Audit Panels, Sections 85, 85A, 85B and how they impact on the current Terms of Reference. This review included:

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• The functions and charter of Audit Panels

• Committee membership (including Chairman)

• Scoping of an annual work plan

• Review of meeting schedule

• Reporting and providing advice to the Council

• Criteria for induction of new members.

3.4.1. The Audit Committee considered the outcomes from this workshop at its meeting 30 September 2014 and a report on the new Audit Panel will be presented to the Council during November 2014.

3.5. In addition to the required agenda items listed on Committee and Council agendas, the Audit Committee contains the following standard items:

• Committee briefings by the General Manager on matters of interest

• Risk Management

• Internal and External Audit Program

• Certificate of Assurance from the General Manager’s in relation tointernal audit and external audit recommendations and actionsarising from Audit Committee meetings

3.6. The following provides a summary of the Audit Committee’s activities for each of the above items.

4. SUMMARY OF WORK PERFORMED – COMMITTEE BRIEFINGSON MATTERS OF INTEREST

4.1. Committee briefings assist the Committee in obtaining a greaterunderstanding of Council’s operations in a risk, control and compliance environment. The following briefings were undertaken:

(a) Council’s Asset Management Plan in relation to the Council’s Long-term Financial Management Plan

(b) Salamanca Market Safety Management System and Emergency Management Plan update

(c) Cyber security

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(d) Fire Season 2013/14 preparation and predictions

(e) 2014-2019 City of Hobart Strategic Plan

(f) New City of Hobart Draft Planning Scheme and proposed State Government planning reforms

(g) 2014 Enterprising Bargaining Agreement

(h) 2014 Local Government elections

(i) New enterprise ‘TasWater’ and impact on the Council

(j) New State (Liberal) Government reform agenda and relationship

(k) Amendments to the Local Government Act 1993 in relation to Audit Panels and legislative requirements

(l) 2014 Strategic Risk Register –review, process and presentation

(m) Hobart City Council Defined Benefits Scheme Restoration Plan

(n) Disclosure of the Council’s assistance to E Kalis Properties and Myer Ltd towards the Myer development

5. SUMMARY OF WORK PERFORMED – RISK MANAGEMENT

5.1. The roles and responsibilities of the Committee in respect of riskmanagement relate to receiving and approving the annual strategic risk register, monitoring ‘extreme’ and ‘high’ risks and changes in risk profile, reviewing the risk management framework and associated procedures, and to receive briefings and reports from the General Manager in relation to new and emerging risks that will/may have an impact on the Council.

5.2. The Strategic Risk Register was reviewed during early 2014 by ELT and Council staff (primary and secondary risk owners and risk treatment plan owners). The document was presented to the Audit Committee at its meeting of 17 June 2014 and subsequently submitted and endorsed by the Council on 22 July 2014.

5.3. The Strategic Risk Register informs and directs activities undertaken as part of the internal audit program, as detailed in the following section. The register is a key strategic document which underpins the implementation of the City of Hobart Strategic Plan 2014-2019 through the identification of risks associated with the strategic objectives.

5.4. The General Manager provided a number of briefings on emerging and new risks as detailed in Section 4.3 above.

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6. SUMMARY OF WORK PERFORMED – INTERNALGOVERNANCE AUDIT PROGRAM

6.1. The roles and responsibilities of the Committee in respect of the internalgovernance audit program are:

(a) To act as a forum between the Council and the Audit Committee in the management of the internal audit program.

(b) To oversee the coordination of the Council’s governance audit programs.

(c) To review and approve the three-year strategic internal audit plan for Council consideration.

(d) To review and approve the annual internal audit work plan, in accordance with the Council approved three-year strategic internal audit plan.

(e) To receive reports on audit findings with changes to risk profiles in relation to inherent and residual risks, rated ‘Extreme’ or ‘High’.

(f) To receive reports from the Internal Auditors and/or the General Manager in relation to those audit findings that have an Extreme’ or ‘High’ risk rating.

(g) To monitor management’s progress of the implementation of agreed management actions arising from internal audit reports for findings that have an Extreme’ or ‘High’ risk rating.

(h) To annually review the performance of the contracted internal audit service providers.

(i) To receive the conditions and specifications of tender documentation for the supply of internal audit services.

(j) To consider the recommendation of preferred tenderer and recommend to the Council the appointment of the preferred tenderer for internal audit services.

6.2. The audit plan for the 2013/2014 financial year was the first year of a three year program which is being undertaken by Council’s contracted internal auditors, Wise Lord and Ferguson (WLF).

6.3. Wise Lord and Ferguson undertook project audits as contained within the internal audit program approved by Audit Committee at its meeting dated 8 October 2013 (3-year strategic internal audit plan) and 3 December 2014 (2013/14 internal audit plan), as follows:

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REPORT DESCRIPTION Project 1: Financial Sustainability

To perform an independent review of the long term financial plan that supports decisions regarding the financial sustainability of the Council and the key assumptions that underpin the plan.

Project 2: Grants and In-Kind Contributions

To perform an independent review of the processes in place to identify, capture and report grants and in-kind contributions provided by Hobart City Council in accordance with the Local Government Act.

Project 3: Review of Insurances

To perform a high level review of the insurances held by the Council to ensure appropriate risk management is in place, and is as cost effective as possible.

6.4. WLF also undertook a range of high level reviews of controls and processes including compliance testing within the following areas:

VISIT 1 – REPORT – DECEMBER 2013 Audit Area(s)

A high level review of the processes and controls for the following processes and locations:

• Central finance (accounts payable, accounts receivable, rates, generalledger, journals

• McRobies Gully Waste Management Centre• Cleary’s Gates Depot• The Tasmanian Travel and Information Centre (TTIC)• Youth Arts and Recreation Centre• Mathers House

• The Hobart Aquatic Centre (THAC)• Bushland Services Depot• Hobart Regional Nursery

Description/Scope

This review focused on the controls and processes in place surrounding the key financial processes at the remote sites. In relation to central finance processes, the processes and controls in place were benchmarked to best practice. The findings of this review informed the detailed testing phase of the compliance program scheduled in the strategic audit plan.

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VISIT 2 – REPORT – APRIL 2014 Audit Area(s)

This internal audit project undertook a high level review of the processes and controls for the following processes and locations:

• Revenue and Receipting- McRobies Gully Waste

Management Centre - Car Parking- Sports Grounds- Fire Abatement- Waterworks- Customer service/Cash Receipting- Food Safety- Building Compliance- Development Applications

• Purchasing and Procurement- Labour Hire- BP Fuel Cards- Online Purchase Orders- Procurement- Plant Hire

• Cash Handling at the Tasteof Tasmania

Description/Scope

This review focused on the key financial controls and processes in place surrounding purchases and procurement, revenue and receipting and cash handling at the Taste of Tasmania. Processes and controls in place were benchmarked to best practice where applicable. The findings of this review informed the detailed testing phase of the compliance program scheduled in the strategic audit plan.

VISIT 3 – REPORT – AUGUST 2014 Audit Area(s)

The findings from the high level review of the processes and controls undertaken in Visit 1 (above) formed the basis for the detailed testing of the compliance program. Detailed testing was undertaken on the following processes and locations:

• Compliance Testing− Rates

• High-level process / control review− Payroll / Costing Systems − Sites – THAC, McRobies, Cleary’s Gates, Hobart Travel and

Information Centre, Mathers House, Youth Arts and Recreation Centre, and the Nursery – key business systems

Description/Scope

The compliance testing was conducted for each major process identified in Visit 1. The purpose of the review was to highlight any major findings and to identify and document key controls in place.

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6.5. The Audit Committee received a report from the General Manager in relation to the review of the internal audit services. The Committee agreed that the internal audit work program had been achieved and that the internal auditors had provided value to the organisation by identifying continual improvements to the Council’s business operations, particularly with the project audits undertaken (grants, benefits and in-kind assistance, financial sustainability and insurance reviews).

6.5.1. The delivery of the internal audit services was provided in a professional manner and the outcomes presented opportunities for the organisation to improve its systems and processes. The internal auditors have gained a sound understanding of the organisation’s culture and as a result have been able to provide a service which has value added.

7. SUMMARY OF WORK PERFORMED – EXTERNAL AUDIT

7.1. The roles and responsibilities of the Committee in respect of externalaudit are:

(a) To act as the forum between the Council and the Audit Committee in the management of the Council’s External Audit Program.

(b) To oversee the coordination of external audit programs.

(c) To receive and endorse the annual Tasmanian Audit Office Client Strategy.

(d) To provide input and feedback on the financial statements and the management representation letter.

(e) To provide feedback to the Council on the external audit services provided.

(f) To receive and consider reports and monitor management’s implementation of audit recommendations.

(g) To provide advice to the Council on actions taken on significant issues raised and actions taken.

7.2. During the year the Audit Committee undertook the responsibilities as set out above, in particular endorsed the Tasmanian Audit Office – Client Strategy 2014/2015, provided feedback on the financial statements (including the management representation letter) and considered the audit report from the Tasmanian Audit Office.

7.3. Issues raised within the Tasmanian Audit Office were of an operational nature, which did not require providing advice to the Council.

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8. SUMMARY OF WORK PERFORMED – GENERAL MANAGERSASSURANCE REPORT

8.1. Audit recommendations with a risk rating of ‘extreme’ or ‘high’ andissues raised by the Audit Committee were monitored throughout the year though the assurance report provided by the General Manager.

8.2. These reports were reviewed at each of the meetings of the Audit Committee for review.

9. SUMMARY OF WORK PERFORMED – FINANCIAL MANAGEMENTAND ANNUAL AUDITED FINANCIAL STATEMENTS

9.1. The Audit Committee has responsibility for reviewing the Long TermFinancial Management Plan (LTFMP) and comparing the annual budget to the plan projections and assumptions. Advice is provided to Council in respect of achieving the LTFMP objectives along with any impacts arising from the annual budget and Council’s Asset Management Plans.

9.2. The Audit Committee is also required to satisfy itself that the financial statements are supported by appropriate management and audit sign-off through the review of the Financial Statements. The Audit Committee recommended and provided advice to the Council on the adoption of the audited Financial Statements taking into account audit recommendations and adjustments.

9.3. The Audit Committee reviewed the processes that are in place designed to ensure that financial information included in the Council’s Annual Report is consistent with the signed and audited financial statements.

9.4. The financial statements and the management representation letter for the 2013/2014 financial year were presented to a special meeting of the Audit Committee on 12 August 2013, prior to submission to the Tasmanian Audit Office.

9.4.1. Upon endorsement by the Tasmanian Audit Office, the Financial Statements are scheduled to be submitted to the Council by a special meeting of the Finance and Corporate Services Committee on Monday, 13 October 2014.

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10. OVERALL ASSESSMENT OF THE RISK, CONTROL ANDCOMPLIANCE FRAMEWORK AND SIGNIFICANT EMERGINGRISKS

10.1. The summary of those activities as documented above provide evidencethat the City of Hobart operates effectively within its risk, control and compliance framework and that consideration was given to all significant emerging risks.

11. 2014/2015 PROPOSED MAJOR ACTIONS AND INITIATIVES

11.1. For the 2014/15 period, the Audit Committee has identified the followingmajor actions and initiatives which require consideration by Council following the Local Government elections scheduled for October 2014:

(a) Alignment of the Audit Committee to the Division 4 – Audit Panels, Section 85, 85A, 85B and Local Government (Audit Panels) Order 2014 (S.R. 2014, No. 34)

(b) Committee membership (including Chairman)

(c) Review of Terms of Reference and proposed amendments

(d) Proposed annual work plan

(e) Annual meeting schedule

(f) Reporting and providing advice to the Council

(g) Induction of the new Audit Committee

11.1.1. As indicated in Section 3.4.1 above, a report will be presented to the Council during November 2014 in relation to these activities.

11.2. It is noted that Internal Audit services were provided by Wise Lord and Ferguson for the 2013/2014. The contract for services is for a three-year period, concluding in the 2015/2016 year following a successful tender application.

11.3. The Audit Committee considered its Annual Report to Council at its meeting held on 21 October 2014. The Audit Committee assessed its activities which were undertaken throughout the 2013/2014 year and is satisfied that the Council operates effectively within its risk, control and compliance framework and that consideration has been given to all significant emerging risks.

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12. PROPOSAL

12.1. It is proposed that the Council receive and endorse the annual report onthe Audit Committee’s activities for the 2013-2014 financial year.

13. STRATEGIC PLANNING IMPLICATIONS

13.1. The Audit Committee activities are undertaken in accordance with itsTerms of Reference and reflect the City of Hobart Strategic Plan 2014-2019, in particular, Priority Area of Activity 5 – Governance, Strategic Objective 5.2 – recognise and manage risk.

13.2. The Audit Committee promotes better practice within its role and activities undertaken, in particular the development of the work plan each year, and undertaking a self assessment and reviewing its activities on an annual basis.

13.3. The Audit Committee through this review process aims to ensure that its role and functions provide a benefit to the Council through the identification of continual improvement opportunities, ensuring that decision-making is transparent and driven by good qualified advice and that the Council’s strategic risk profile is considered when decision-making processes are being undertaken.

14. FINANCIAL IMPLICATIONS

14.1. The budget for the operations of the Audit Committee is funded fromFunction 120 – City Management which includes normal time and sitting fees of $8,600 for independent members.

15. RISK MANAGEMENT IMPLICATIONS

15.1. This report progresses the Council in the area of good governancepractices.

15.2. The audit methodology undertaken by both the internal and external auditors is a risk-based approach and is linked to the Council’s Strategic Risk Register. The approach is based on the Council’s risk profile.

16. LEGAL IMPLICATIONS

16.1. The Audit Committee is a Special Committee of Council, constitutedunder Section 24 of the Local Government Act 1993.

17. DELEGATION

17.1. This report is prepared by the Audit Committee in accordance with itsTerms of Reference and presented to the Council for consideration.

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18. CONSULTATION

18.1. Audit Committee, Executive Leadership Team.

19. CONCLUSION

19.1. This report provides the Council with an overview of the AuditCommittee activities undertaken during the 2013/2014 financial year as set out in its Terms of Reference.

19.2. The summary of those activities as documented in this report provide evidence that the City of Hobart operated effectively within its risk, control and compliance framework and that consideration was given to all significant emerging risks for the 2014-2014 financial year.

19.3. The term of office for the independent members, Ms Sue Baker and Mr David Hudson, expired on 1 October 2014. The contributions to the Audit Committee in particular, the completion of the annual work plan and associated activities was undertaken in a profession manner and acknowledged.

19.4. The contributions from the General Manager and officers towards the successful management and administration of the Committee are acknowledged.

19.5. It is proposed that the report be received and endorsed.

20. RECOMMENDATION

That:

20.1. The report hs:cw (s:\_data\city management\internal audit\review ofaudit committee\2014 review\r - audit committee activities 2013_2014 following ac meeting.docx) be received and endorsed.

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

(Alderman Philip Cocker) CHAIRMAN – AUDIT COMMITTEE

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