devonport council agenda 20th august 2012

NOTICE OF MEETING

Notice is hereby given that a Ordinary Meeting of the Devonport City Council will be held

in Council Chambers, on Monday 20 August 2012; commencing at 6.00pm with the

Confidential Items.

The meeting will be open to the public at 7.15pm.

A Notice of the meeting was published in The Advocate Newspaper on 20 August 2012.

Council Minutes can be found on Council’s website www.devonport.tas.gov.au

QUALIFIED PERSONS ADVICE ETC.

I certify that with respect to all advice, information or recommendation provided to the

Council in or with this agenda:

i. the advice, information or recommendation is given by a person who has the

qualifications or experience necessary to give such advice, information or

recommendation; and

ii. where any advice is directly given by a person who does not have the required

qualifications or experience that person has obtained and taken into account

in that person’s general advice the advice from an appropriately qualified or

experienced person.

Ian McCallum

GENERAL MANAGER

http://www.devonport.tas.gov.au/

AGENDA FOR A MEETING OF DEVONPORT CITY COUNCIL

TO BE HELD ON MONDAY 20 AUGUST 2012

AT THE COUNCIL CHAMBERS COMMENCING AT 6.00PM

Item Page No.

1.0 APOLOGIES

2.0 LEAVE OF ABSENCE

3.0 DECLARATIONS OF INTEREST

4.0 CLOSED SESSION - CONFIDENTIAL MATTERS

List of Items ........................................................................................................................................ 5

5.0 PUBLIC FORUM .......................................................................................... 6

5.1 Responses to questions raised at prior Council meetings (D275315) ..................................... 6

5.2 Questions asked at this meeting ................................................................................................... 7

6.0 CONFIRMATION OF MINUTES

7.0 WORKSHOPS & BRIEFING SESSIONS .............................................................. 8

7.1 Workshop and Briefing Sessions held since the last Council meeting (D275327)................. 8

8.0 PLANNING AUTHORITY MATTERS ................................................................ 10

8.1 AM2012/02 Amendments to Showroom Provisions to Homemaker Centre Zone -

88,90,92,98 & 100-102 Stony Rise Road (D276015) ................................................................... 11

9.0 NOTICES OF MOTION ............................................................................... 60

9.1 Reinstatement of Parkiing Concessions – Notice of Motion – Ald G F Goodwin

(D275888) ........................................................................................................................................ 60

9.2 Preservation and Alignment of Existing Winter Usage Rights - Girdlestone Park and

Devonport Oval – Notice of Motion – Ald L M Perry (D275889) ............................................ 61

10.0 MAYORAL REPORT ................................................................................... 62

10.1 Mayor’s Monthly Report (D275233) ............................................................................................ 62

11.0 GENERAL MANAGER'S REPORTS ................................................................. 65

11.1 Elected Members Expenditure Report (D275236) .................................................................... 65

11.2 General Manager's Delegations (D275387) ............................................................................. 67

11.3 Review of Councillor Numbers (D275697) ................................................................................. 99

11.4 Petition - North Street & Chalmers Lane Area Residents (D275907) ................................... 219

12.0 CUSTOMERS AND COMMUNITY REPORTS ................................................... 230

12.1 Devonport Signage Strategy - Draft (D275195) ..................................................................... 230

12.2 Minutes of Controlling Authorities, Working Groups and Special Committee

Meetings (D275383) ..................................................................................................................... 257

12.3 Memorandum of Understanding re SES Tasmanian Emergency Services, the

Devonport City Council and Latrobe Council (D275905) .................................................... 298

12.4 Community Engagement Policy (D275906) ........................................................................... 309

12.5 Memorandum of Understanding - Tasmanian Community Resources (D275990) .......... 347

12.6 Economic Development and Events Sponsorship - Tour of Tasmania (D276126) ............ 356

13.0 TECHNICAL AND FINANCE REPORTS .......................................................... 358

13.1 Finance Report for July 2012 (D275396) .................................................................................. 358

13.2 Devonport Oval Scoreboard - Tender Report (D275202) .................................................... 368

13.3 Capital Works Report (D275777) ............................................................................................... 371

13.4 Residential Strategy (D275945).................................................................................................. 375

13.5 Application for Street Names – Confirmation of Assigned Names, Agreement to

Others & Alternative Options (D275965) .................................................................................. 422

13.6 Request for Minor Amendment to Permit SA2009.0006 - 110 Sheffield Road,

Spreyton (D276177) ..................................................................................................................... 431

13.7 Supply and Delivery of Side Arm Garbage Compactor Unit and Truck (D276114) ........ 440

Report to Council Meeting on 20 August 2012

ITEM 4.0

4.0 CLOSED SESSION

The following items 4.1 to 4.6 which in the General Manager’s opinion are prescribed items

in accordance with Regulation 15(2) of the Local Government (Meeting Procedures)

Regulations 2005 (confidential matters), consequently, the Council by absolute majority,

can decide to close the meeting.

4.1 Drainage Issue at 160B and 162 Sheffield Road, Spreyton

4.2 Lease of Upstairs Restaurant - Mersey Bluff Precinct

4.3 Unconfirmed Minutes of Meeting - The Devonport Maritime & Heritage Authority - 3

July 2012

4.4 Devonport Football Club - Lease of Clubrooms

4.5 Offer to Purchase Land

4.6 Performance Report

RECOMMENDATION

That the meeting be closed to the public, to enable Council to consider Agenda Items 4.1

to 4.6 as prescribed in Regulation 15(2) of the Local Government (Meeting Procedures)

Regulations 2005.


ITEM 5.1

Public Forum

5.0 PUBLIC FORUM 5.1 R esponses to ques tions r aised at prior council meeti ngs

5.1 RESPONSES TO QUESTIONS RAISED AT PRIOR COUNCIL MEETINGS

File: 12212 D275315

Meeting held 16 July 2012

Reproduced below is the response dated 20 July 2012 to Mr Douglas Janney’s

question:

“Thank you for your question at Council’s July meeting regarding the recent

removal of two trees in Tarleton Street.

The tree directly behind the old child health facility at 108 Tarleton Street was

removed to make way for an extension to that building. The premise is being

leased by Gran’s Van Association Inc and once works are completed will

become their base within the City. The cost of removing this tree was

covered by Gran’s Van Association Inc.

The other nearby tree which was removed had been identified by Council as

having limb failure with a high probability of causing damage to property

and pedestrians.

Please do not hesitate to contact me if you have any further queries.”


Reproduced below is the response dated 25 July 2012 to Ms Wendy Hilditch’s

question:

“I am writing in response to your question addressed to Aldermen at the

Council meeting held on 16 July 2012.

I can confirm that council Officers recently (April) raised the issue of vehicle

queuing in Murray Street with Council’s Traffic Committee. The Committee

determined that the matter should be raised with the TT Line. Council

Officers subsequently discussed the issue with TT Line and as a result TT Line

implemented internal changes to their vehicle assembly area to limit

queuing onto the street. A recent inspection by Council Officers noted that

the TT Line assembly area changes were in place and it appeared to be

operating satisfactorily.

However, Council Officers intend to continue monitoring the situation,

particularly when the peak tourist season commences and if the queuing is

observed, undertake further investigation to identify potential solution/s.

Thank you for raising this issue and I trust this letter answers your question and

provides a satisfactory explanation to Council’s previous and intended

actions concerning this traffic matter.”


Reproduced below is the response dated 6 August 2012 to Mr R Marshall’s

question:

“At the Council meeting held on 16 July 2012, you raised an issue in relation

to the above and this was recorded in the Minutes of the meeting as follows:


ITEM 5.1

‘Mr Marshall stated that items 9.1 and 9.2 both state that no qualified

advice is required and asked that financial advice be received. Mr

Marshall referred to the fact that the terms of the original loan were

altered without guarantors being notified, therefore queried whether it

was enforceable and in his option the guarantors are no longer liable.’

In response I provide the following advice:

1. Qualified Advice

As there was an item in relation to this matter included in the

Confidential section of the meeting which provided Aldermen with all

the advice in relation to the loan, it was not necessary and indeed

inappropriate for the advice to be provided again.

2. Loan Liability

As a signatory to the Deed of Loan and Guarantee, I direct you to

Clause 6.5 of the Deed which states:

‘6.5 Continuing Liability

The liability of the Guarantors will not be affected by:

6.5.1 The invalidity or unenforceability of the loan to the Borrower

for any reason:

6.5.2 The granting of time or other indulgence by the Council;

6.5.3 The compounding, release, abandonment, waiver,

variation or renewal of any of the rights of the Council

against the borrower;

6.5.4 Any neglect or omission to enforce such rights; or

6.5.5 Any other thing, which under the law relating to securities,

would or might, but for this provision, release the Guarantors

in whole or in part from the obligation under this

Guarantee.’

The Deed places no obligation on Council to inform the Guarantors of any of

the changes during the life of the loan.”

ATTACHMENTS

Nil Recommendati on

RECOMMENDATION

That the report advising of responses to questions raised at a prior Council meeting be

received and noted.

Questi ons asked at this meeti ng

5.2 QUESTIONS ASKED AT THIS MEETING


ITEM 7.1

Workshops & Bri efing Sessions

7.0 WORKSHOPS & BRIEFING SESSIONS 7.1 Wor kshop and Briefi ng Sessi ons held since the l ast council meeti ng

7.1 WORKSHOP AND BRIEFING SESSIONS HELD SINCE THE LAST

COUNCIL MEETING

Council is required by Regulation 8(2)(c) of the Local Government (Meeting Procedures)

Regulations 2005 to include in the Agenda the date and purpose of any Council

Workshop held since the last meeting.

Date Description Purpose

23/07/2012 Art Collection Policy Assistant General Manager, Customers &

Community presented the reviewed

Devonport City Art Collection Policy.

Cradle Coast Authority

Membership

The General Manager provided a

presentation to assist Council in its

consideration of this matter.

30/07/2012 Signage Strategy Assistant General Manager, Customers &

Community presented the draft Signage

Strategy.

Parking Assistant General Manager, Technical &

Finance facilitated discussion on possible

improvements to parking with the CBD.

Bluff Restaurant The Mersey Bluff Precinct Project

Committee reported on recent meetings

and discussions.

Devonport Football Club The General Manager updated

Aldermen on progress.

6/08/2012 Planning Scheme Rebecca McKenna provided an update

on the new Planning Scheme.

13/08/2012 Tasmanian Community

Resources (formerly Mersey

NRM)

Andrew Ford provided Council with an

update of activities. A draft partnership

agreement between Council and the

Tasmanian Community Resources was

also presented.

Fenton Villas The Executive Manager Corporate

Support provided an overview of a

review on the operational management

of Fenton Villas.

Aldermen Numbers The General Manager gave an overview

of the Local Government Board’s report

into the review of Councillor numbers.

13/08/2012 Rates Petition The General Manager provided

information in relation to a Petition from


ITEM 7.1

residents affected by Council’s decision

to remove the “maximum” to be paid by

residential properties in the City.

15/08/2012 Meeting with Residents re

Rates

A number of residents affected by the

decision to remove the “maximum”

residential rate attended to discuss the

issue with Aldermen.

Recommendati on

RECOMMENDATION

That the report advising of Workshop/Briefing Sessions held since the last Council meeting

be received and the information noted.


ITEM 8.1

Planni ng Authority M atters

8.0 PLANNING AUTHORITY MATTERS

The Mayor will now announce that Council intends to act as a Planning Authority under the

Land Use Planning and Approvals Act 1993 for the consideration of Agenda Item 8.1.

Council is required by Regulation 8(3) of the Local Government (Meeting Procedures)

Regulations 2005 to deal with items as a Planning Authority under the LUPA 1993 in a

sequential manner.

The following item is to be dealt with at the meeting of Council in its capacity as a

Planning Authority.

8.1 AM2012/02 Amendments to Showroom Provisions to Homemaker Centre Zone -

88,90,92,98 & 100-102 Stony Rise Road (D276015)


ITEM 8.1

8.1 AM 2012/02 Amendments to Showr oom Pr ovisions to Homemaker C entre Zone - 88,90,92,98 & 100- 102 Stony Rise R oad

8.1 AM2012/02 AMENDMENTS TO SHOWROOM PROVISIONS TO

HOMEMAKER CENTRE ZONE - 88,90,92,98 & 100-102 STONY RISE

ROAD

File: 27256 D276015

RELEVANT PORTFOLIO Technical and Finance

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Str ategic Plan 2009-2030:

Strategy 2.1.1 Ensure the City's Planning Scheme supports local community

character and appropriate land use.

PURPOSE To fulfil Council’s statutory responsibility to forward a report to the Tasmanian Planning

Commission on the representations received from the public exhibition of draft

amendment AM2012/02 to the Devonport and Environs Planning Scheme 1984.

BACKGROUND On 18 June 2012, Council initiated an amendment to the Devonport and Environs

Planning Scheme to:

Allow for the assessment of a Showroom which has a floor area less than 500m2 as a

discretionary application;

Cap the amount of floor area that constitutes showrooms of less than 500m2 to 10%

of the total floor area for the Zone. The remaining 90% shall comprise showrooms

greater than 500m2; and

Amend the list of goods that can be displayed and sold in a showroom.

The amendment was placed on public display for a 3 week period ending 13 July 2012.

COMMENTARY 13 representations were received during the public representation period. All

representations objected to the amendment. The following is a summary of the issues

raised in the representations. A full copy of each representation is included in Appendix 1.

Representor Date Received Concerns Raised

Eric Mobbs, Chairman Retail

Sub Committee – Devonport

Chamber of Commerce and

Industry

27 June 2012 Creates a precedent for future

development.

Will lead to empty shops in the CBD

as existing shops from the CBD may

be able to relocate.


as free car parking at the

Homemaker Centre will entice

shoppers to the smaller shops there

instead of equivalents in the CBD.

The clauses relating to vehicle


ITEM 8.1

access allows a wide range of uses

to occur on the site.

Concern that ‘Shiploads’ may be

one of the tenants, despite it not

fitting with the intent of the zone.

DCCI is supportive of development

generally but not development

that erodes existing businesses.

Mr John HC Cole –

Owner/Manager Antique

Emporium & JHC & ME Cole

Enterprises

09 July 2012 Devonport’s population is not large

enough to support additional retail

space.



be able to relocate

The intent of the Homemaker

Centre Zone is to cater for retail

goods and services not available in

other centres.




Soyer’s IGA Pty Ltd 09 July 2012 Concern with changing the rules at

“half time” in the game.




The amendment proposes to

introduce uses that are not

traditionally ‘homemaker’ which

will further fragment the CBD and

Fourways.







John van der Woude – Canoe

N Surf P.L.

10 July 2012 Concern about impact on the CBD

due to the finite retail ‘pie’.

This area should stay as a place for

large bulky goods not suitable for

retail in the city.

Julie E Foster – Fory Pty Ltd

(trading as Passport Surf) and W

& J Foster Pty Ltd (owner of 85

11 July 2012 Creates a precedent for future

development



ITEM 8.1

Rooke Mall) as existing shops from the CBD may

be able to relocate












Donna James and Tameika

Anthony – Star Channel

Network

11 July 2012 This area should stay as a place for

large bulky goods not suitable for

retail in the city and not altered at

the expense of the CBD.

Stephen Butler – Devonport

Amcal Pharmacy

12 July 2012

The 10% cap allows for an area of

4615m2 which is substantially bigger

than the entire Woolworths

Shopping Area.

The scale of the Retail area that

would be opened up for small retail

is unsustainable and

disproportionate to the existing

retail area of Devonport.

Council should not take into

account economic considerations

of the developer when making this

decision.

The amendment will worsen the

current economic plight of many

existing retail outlets.

Creates a precedent for future

amendments.

Addendum by Ireneinc Addendum

received 17

July 2012

The amendment provides little

guidance on how to assess a

discretionary application for small

showrooms.

It is not appropriate to use the

Victorian decision to determining a

planning outcome in Tasmania.

The application does not provide

adequate consideration of the

impact on the CBD.

The amendment is not consistent


ITEM 8.1

with the State Planning Template

definition of uses.

The amendment is contrary to the

Essential Economics report

recommendation that a minimum

floor size of 1000m2.

Mary-Ann Edwards (Land Use

Planner) obo ENKZ Investments

13 July 2012 The amendment does not meet the

objectives of the Land Use Planning

and Approvals Act 1993.

The Planning Authority have not

demonstrated that they have

considered the objectives of the

Land Use Planning and Approvals

Act 1993 in certifying this

amendment.

The amendment is inconsistent with

the Devonport Retail Study.

The amendment does not reflect

any strategic plan for retail land in

Devonport.

The amendment places an unjust

imposition on the CBD.

The amendment changes the

centre from homemaker to a ‘new

town shopping centre’.

Concern that the types of goods

proposed as showroom do not all

require an extensive display area

(ie: baby goods, sports goods,

office supplies etc). This will lead to

small item retail by stealth.

The amendment does not progress

any of Council’s policies.




showrooms.

PR Ibbott FAICD – Ibbott group

of Companies

13 July 2012 The amendment is not consistent

with clause 6.2.8 of the Devonport

and Environs Planning Scheme.


with the advice provided by

Essential Economics in relation to

the Homemaker Centre which

recommended tenancy sizes not

be smaller than 1000m2.


ITEM 8.1

The amendment will affect the long

term viability of the existing CBD.

The amendment will reduce the

number of retail available overall as

a result of a loss of critical mass in

the CBD.

The developer intends to promote

a “retail focus” for the site over

time.

Andrew Argent – Red Hot CD’s 13July 2012 The amendment will result in retail

businesses from the CBD will be

lured to the homemaker and Big W

sites resulting in empty shops in the

CBD.

GW Thompson - GWT

Investments & Chas Kelly –

Property Manager

13 July 2012 The CBD is experiencing increased

levels of vacancies.

Several businesses within the CBD

have been approached to

relocate to the homemakers centre

which will increase CBD vacancies.

CBD businesses relocating leads to

this reduced foot traffic in the CBD

and consequently reduces the

viability of other CBD businesses.

Gabrielle Zolati – Zed

Investments

13 July 2012 Creates a precedent for future

development.















DCCI is supportive of development

generally but not development

that erodes existing businesses.

DC Willing – Don Willing &

Associates

13 July 2012

The 10% cap allows for an area of

4615m2 which is substantially bigger

than the entire Woolworths


ITEM 8.1

Shopping Area.

The scale of the Retail area that

would be opened up for small retail

is unsustainable and

disproportionate to the existing

retail area of Devonport.

Council should not take into

account economic considerations

of the developer when making this

decision.

The amendment will worsen the

current economic plight of many

existing retail outlets.

Creates a precedent for future

amendments.

Addendum by Ireneinc Addendum

received 17

July 2012




showrooms.

It is not appropriate to use the

Victorian decision to determining a

planning outcome in Tasmania.

The application does not provide

adequate consideration of the

impact on the CBD.


with the State Planning Template

definition of uses.

The amendment is contrary to the

Essential Economics report

recommendation that a minimum

floor size of 1000m2.

Discussion and Response:

The representors have raised a number of valid issues for Council to consider. It is

acknowledged that there are strong arguments for both sides and ultimately whether to

continue to support the amendment or alternatively whether to support the representors

will depend on what weighting Council puts on each argument put forward. The

discussion below provides a response to each of the issues raised in the representations.

Creates a precedent for future development/amendments

Concern with changing the rules at “half time” in the game.

The approval of an amendment such as this, does not create a precedent as there is

no other area in Devonport with minimum floor area restrictions that are able to be

eroded. Any future amendment to the planning scheme will also have to go

through a planning scheme amendment process and will be assessed on its merits.


ITEM 8.1

Any future development or planning scheme amendment will be assessed through

the statutory process outlined in the Land Use Planning and Approvals Act 1993 and

assessed on its merits.

Will lead to empty shops in the CBD as existing shops from the CBD may be able to

relocate.

Will lead to empty shops in the CBD as free car parking at the Homemaker Centre

will entice shoppers to the smaller shops there instead of equivalents in the CBD.

A shop from within the CBD will only be able to relocate if it conforms to the

proposed list of goods that can be displayed and sold in a showroom. General retail

outlets, offices and personal services that anchor the CBD will not be able to

relocate to this site.

The clauses relating to vehicle access allows a wide range of uses to occur on the

site.

Agreed. This statement related to the Table of Uses Clause 8.20 .3(ii) and the use

class “Showroom”. The draft amendment proposed that the following words be

inserted into the Conditions/Restrictions column

“.........

Goods and accessories which:

Require a large area for handling, display and storage of goods; or

Require direct vehicle access to the building by customers for the purpose of loading

and unloading goods into or from their vehicles after purchase or hire.”

It is recommended that the “or” be replaced with an “and”. This will prevent

unintended retail selling small items in large quantities from locating at the site.

Concern that ‘Shiploads’ may be one of the tenants, despite it not fitting with the

intent of the zone.

Shiploads has been issued a permit to operate at the site under the current planning

scheme. The application by shiploads was consistent with the current planning

scheme. The proposed amendment does not change whether or not “Shiploads”

would be one of the tenants.

The intent of the Homemaker Centre Zone is to cater for retail goods and services not

available in other centres.

This area should stay as a place for large bulky goods not suitable for retail in the city

and not altered at the expense of the CBD.

The Devonport Regional Homemaker Centre Zone has 4 objectives as follows:


ITEM 8.1

It is necessary to consider all 4 objectives together as a whole, and one does not

necessarily override the others. Objective (iii) provides for goods and services that

are not available in other centres, but not exclusively.

The proposed amendment is not inconsistent with the intent of the zone, which

primarily refers to the types of goods sold with no reference to the size of such retail

space.

However, one of the reasons a homemaker centre was established in Devonport was

to cater for large floor area buildings that could not fit elsewhere within the CBD. The

Peripheral Retail Precinct also caters for bulky goods retailing within the CBD as

demonstrated by its intent. The CBD Peripheral Retail Precinct intent “is to allow

peripheral retailing, medical and health services and other mixed commercial

activity and other complementary services that do not require a city centre location.

Re-development of under utilised or vacant sites is to be encouraged. Businesses

requiring large buildings, or external display space, or whose activities generate

significant parking are able to locate here.” Analysis at the time however,

demonstrated that there was inadequate room for an integrated homemaker

centre to occur within this precinct.

The minimum floor area clause was introduced by the Tasmanian Planning

Commission in its decision of 28 July 2009. Its intent was to ensure that substantially

sized anchor tenancies remained at the site in order that it maintained its

homemaker focus within the Devonport retail hierarchy. The floor area was also

considered to be a second safe guard to prevent the transformation of this area into

a more general retail focus. This is demonstrated by the following excerpt of the

Tasmanian Planning Commission’s original decision into the approval of homemaker

centre. Please note that this decision was prior to stage 2 being proposed and that is

why it refers to a total floor area of 25,000m2 not 46,150m2.

“A second potential mechanism that could transform an integrated

homemaker centre into a different kind of retail centre would be by

the subdivision of buildings into many more showroom tenancies and

‘other use’ tenancies, if either of the ‘anchor’ uses departed. Table 1

shows that there is over 25,000m2 of lettable floor area proposed. With


ITEM 8.1

a minimum floor area of 500m2 qualifying for permitted status as

‘Showroom’, it is hypothetically possible for the planned buildings to

contain up to 50 showrooms and other uses.

Given the limited range of uses available and the explicit prohibition

of the Shop use class, that hypothetical transformation is considered

unlikely. Nevertheless it illustrates the importance of maintaining the

anchor tenancies as entities with large floor areas.”

The current amendment application includes an analysis on the proposed changes

of Justin Ganly from Deep End Services. Mr Ganly reports that there are an extensive

array of national bulky goods retailers that trade from tenancies smaller than 500m2

in Australia. Mr Ganly reports that “They choose to operate within small format stores

to limit rent and stock-holding costs while often utilising technology to offer customers

large format experiences. In many ways, these are the true innovators of the bulky

goods industry and should be encouraged, rather than discouraged, to operate in

homemaker centres”. These are legitimate bulky good retailers and fit with the intent

of the Devonport Regional Homemaker Centre Zone.

Amending the floor area, such that there is minimum of 500m2 or less will no longer

provide certainty that 2 big players will be present at the site for perpetuity. The

benefit for retaining this requirement is that there are few other places in Devonport

where this size store could locate; and by not making this compulsory may lead to

the gradual eroding of this potential. However, given the move to alternative

retailing types including introducing technology into stores, the demand for large

spaces may also decrease in the future, and it is considered that the marketplace is

better equipped to manage this outcome than the planning scheme.

The amendment proposes to introduce uses that are not traditionally ‘homemaker’

which will further fragment the CBD and Fourways.

Concern that the types of goods proposed as showroom do not all require an

extensive display area (ie: baby goods, sports goods, office supplies etc). This will

lead to small item retail by stealth.

The amendment changes the centre from homemaker to a ‘new town shopping

centre’.

The sale of any bulky item including sports goods, children’s play equipment etc is

consistent with the intent of the zone. Whilst the definition of showroom as contained

within Clause 1.4 still applies to this site, to avoid confusion, it is recommended that

the second sentence of the showroom condition as contained within the current

planning scheme be amended to read:

“The goods that can be displayed and sold in any of the showrooms must

predominately sell goods of a bulky nature and largely comprise:”

Office supplies are currently permitted within the zone.

Council should not take into account economic considerations of the developer

when making this decision.

Agreed. The Land Use Planning and Approvals Act requires Council to further a

range of objectives when considering amendments to the planning scheme. This

includes Objective D to:

d) Facilitate economics development in accordance with principles of

sustainability, fairness and community involvement.


ITEM 8.1

The economic impact on the CBD and Devonport as a whole should be considered,

not the individual needs of the developers.

The amendment provides little guidance on how to assess a discretionary

application for small showrooms.

Assessment of a discretionary application would use the same criteria as any other

discretionary application as outlined in part 6 of the Planning Scheme. However it is

recommended that in relation to this concern and later concerns, that the tenancies

less than 500m2 be proportioned to the total floor area constructed so to prevent all

4615m2 of small showrooms from being tenanted in the first stage.

It is not appropriate to use the Victorian decision to determine a planning outcome in

Tasmania.

Agreed. However, the Victorian decision demonstrates how ‘thinking’ about the

relative planning controls of homemaker centres has changed within the Australian

context since this amendment was first approved. Planning is an evolving art, and

requires constant review to keep pace with changing retail formats.

The application does not provide adequate consideration of the impact on the CBD.

The 10% cap allows for an area of 4615m2 which is substantially bigger than the entire

Woolworths Shopping Area.

The scale of the Retail area that would be opened up for small retail is unsustainable

and disproportionate to the existing retail area of Devonport.

The amendment places an unjust imposition on the CBD.

The amendment will affect the long term viability of the existing CBD.

The amendment will reduce the number of retail available overall as a result of a loss

of critical mass in the CBD.

The application includes an analysis on the proposed changes of Justin Ganly from

Deep End Services. Mr Ganly reports that there are an extensive array of national

bulky goods retailers that trade from tenancies smaller than 500m2 in Australia. Mr

Ganly reports that “They choose to operate within small format stores to limit rent and

stock-holding costs while often utilising technology to offer customers large format

experiences. In many ways, these are the true innovators of the bulky goods industry

and should be encouraged, rather than discouraged, to operate in homemaker centres”. These are legitimate bulky good retailers and fit exactly with the intent of

the Devonport Regional Homemaker Centre Zone.

Deep End state that “Allowing such retailers to trade within the proposed

homemaker centre would have little or no impact on the Devonport CBD. Indeed ,

the EIA identified that the development of the centre with tenancy sizes as small as

250 sqm would impact on bulky goods retailers within the CBD by less than -10%.

These retailers occupy about 40% of all retail floorspace within the Devonport CBD

(adopting the Essential Economics estimate of CBD retail floorspace of 40,460m2 as

at December 2008) and, hence, the overall impact on CBD retail trading levels after

full development of the homemaker centre will be less than -4%. Allowing a

maximum of 4,615m2 of small-format bulky goods tenancies to operate at the proposed homemaker centre would have virtually no effect on this impact.”

The amendment is not consistent with the State Planning Template definition of uses.

Agreed. The State Template definition of ‘Bulky Goods’ is broader than what is being

proposed here. In a new template compliant scheme, Council may need to add

additional local standards or qualifiers to a new Devonport planning scheme


ITEM 8.1

specifically in relation to this site to maintain a consistent approach. This however, is

a matter for the new planning scheme and not this amendment.

The amendment is contrary to the Essential Economics report recommendation that a

minimum floor size of 1000m2. The intent of the introduction of both the definition of ‘showroom’ and the minimum

floor space of 500m2 was to preclude retail that was better suited to the CBD from

establishing at the Homemaker Centre. This was intended to protect the primacy of

the CBD within the Devonport Retail Hierarchy. The applicant originally applied for a

minimum tenancy size of 250m2. Council obtained independent advice from

Essential Economics who advised that 1000m2 minimum was the most appropriate.

Council decided to approve a compromise at 500m2 and this number was

supported by the Shopping Centre Council of Australia guidelines at the time. The

standards requiring a minimum of 45% between 1000 – 3000m2 and 25% over 3000m

2

were imposed by the Planning Commission and were not part of the proposal by

neither applicant nor Council. This was later amended to a minimum of 35%

between 1000-3000m2 and 35% over 3000m

2.

The amendment does not meet the objectives of the Land Use Planning and

Approvals Act 1993.

The Planning Authority have not demonstrated that they have considered the

objectives of the Land Use Planning and Approvals Act 1993 in certifying this

amendment.

Council acknowledged in its certification at the June 2012 Council Meeting that “The application meets the requirements of LUPAA as set out in the applicant’s

submission.” It was deemed unnecessary to repeat the statements provided by the

applicant when this section of the applicants report (pages 10 -12) could be agreed

to in its entirety.

The amendment is inconsistent with the Devonport Retail Study.

The amendment does not reflect any strategic plan for retail land in Devonport.

The amendment does not progress any of Council’s policies.

The Devonport Retail Study recommends that Council facilitate appropriate

homemaker development. Whilst the amendment does not reflect any strategic

policy of Council, it is not contrary to them either. Principle 7 of the Devonport Retail

Study requires that Council:

In response the applicant submitted a report by Deep End that states “Allowing

such retailers to trade within the proposed homemaker centre would have little or no

impact on the Devonport CBD. Indeed, the EIA identified that the development of

the centre with tenancy sizes as small as 250 sqm would impact on bulky goods

retailers within the CBD by less than -10%. These retailers occupy about 40% of all

retail floorspace within the Devonport CBD (adopting the Essential Economics

estimate of CBD retail floorspace of 40,460m2 as at December 2008) and, hence, the

overall impact on CBD retail trading levels after full development of the homemaker

centre will be less than -4%. Allowing a maximum of 4,615m2 of small-format bulky


ITEM 8.1

goods tenancies to operate at the proposed homemaker centre would have virtually no effect on this impact.”

The amendment is not consistent with clause 6.2.8 of the Devonport and Environs

Planning Scheme.

Clause 6.2.8 of the planning scheme states

“In the implementation of the provisions of this Scheme and in respect of any

application for planning approval to carry out development or use of any land or

building, the Council shall take into consideration:

6.2.8. the circumstances of the case and the public interest.”

This clause relates to the assessment of a development application and not an

amendment.

The amendment will result in retail businesses from the CBD will be lured to the

homemaker and Big W sites resulting in empty shops in the CBD.

Several businesses within the CBD have been approached to relocate to the

homemakers centre which will increase CBD vacancies.

If CBD businesses relocate this reduces foot traffic in the CBD and consequently the

viability of other CBD businesses

Only businesses that meet the showroom conditions relating to types of goods sold

can relocate to the site. Whether they relocate will be primarily determined by

market forces. Businesses that meet this criteria and have a floor area greater than

500m2 could relocate under the current scheme provisions if they desired. The

amendment only relates to a small portion of business types and floor areas.

The CBD is experiencing increased levels of vacancies.

Noted

FINANCIAL IMPLICATIONS There are no financial implications for Council directly as a result of this application.

CONCLUSION The representors have raised a number of valid issues for Council to consider. It is

acknowledged that there are strong arguments for both sides and ultimately whether to

continue to support the amendment or alternatively whether to support the representors

will depend on what weighting Council puts on each argument put forward.

On considering the issues raised in the representations it recommended that Council

support the amendment in a modified form as follows:

RECOMMENDATION The Devonport & Environs Planning Scheme 1984 is amended as follows:

a) In the Table of Uses Clause 8.20 .3(ii) Table of Use Classes – Devonport Regional

Homemaker Centre Zone in the Use Class column insert the words “Showroom less

than 500m2 “below the word “Showroom”

b) In the Table of Uses Clause 8.20 .3(ii) Table of Use Classes – Devonport Regional

Homemaker Centre Zone in Status column insert the word “A “ below the word “P”

c) In the Table of Uses Clause 8.20 .3(ii) Table of Use Classes – Devonport Regional

Homemaker Centre Zone in the Conditions/Restrictions column insert the words “May


ITEM 8.1

be less than 500 square metres per tenancy” below the words “Each showroom must

not be less than 500 square metres floor area”

d) In the In the Table of Uses Clause 8.20 .3(ii) Table of Use Classes – Devonport Regional

Homemaker Centre Zone in the Conditions/Restrictions column after the words “The

goods that can be displayed and sold in any of the showrooms must” add the words

“ predominately sell goods of a bulky nature and”

e) In the Table of Uses Clause 8.20 .3(ii) in the use class “Showroom” Conditions/

Restrictions column insert the following words:

“equipment and” after the word “Office” and

below the words “Pet supplies and ancillary services” insert

“Furnishings, fabric and homewares

Swimming pools and spas

Baby and children’s goods, children’s play equipment and accessories

Sporting, cycling, leisure, fitness goods and accessories

Goods and accessories which:

Require a large area for handling, display and storage of goods; and

Require direct vehicle access to the building by customers for the purpose

of loading and unloading goods into or from their vehicles after purchase

or hire.”

f) Clause 8.20 .3(iv) Floor Area shall is amended as follows:

Delete

“Tenancies larger than 3000m2 per tenancy 35%” and

“Tenancies larger than 100m2 per tenancy but less than 3000m2 35%”

and replace with:

“Tenancies smaller than 500m2 per tenancy 10% (proportional to the total

showrooms constructed on the

site at any time)

Tenancies larger than 500m2 per tenancy 90%”

ATTACHMENTS

1. Representation Letter from Devonport Chamber of Commerce & Industry -

Eric Mobbs

2. Representation by John Cole from the Antique Emporium

3. Representation - John Soyer Fourways IGA Supermarket

4. Representation - Homemaker Centre - John Van Der Woude

5. Representation - Homemaker Centre - Passport Surf

6. Representation by Donna James and Tameika Anthony (Star Channel

Network)

7. Representation - Devonport Amcal Pharmacy (Steve Butler)

8. Representation by Paul Ibbott


ITEM 8.1

9. Representation by Andrew Argent

10. Representation by GWT Investments

11. Representation by Adrian & Gabrielle Zolati Zed Investments

12. Representation by Don Willing & Associates

13. Representation from Ireneinc

14. Representation from Mary Ann Edwards obo - ENKZ

Recommendati on

RECOMMENDATION

That this report be forwarded to the Tasmanian Planning Commission as per the

requirements of Section 39 of the Land Use Planning and Approvals Act 1993.

Representation Letter from Devonport Chamber of Commerce & Industry - Eric

Mobbs

ATTACHMENT [1]

ITEM 8.1

Representation by John Cole from the Antique Emporium ATTACHMENT [2]

ITEM 8.1

Representation - John Soyer Fourways IGA Supermarket ATTACHMENT [3]

ITEM 8.1

Representation - Homemaker Centre - John Van Der Woude ATTACHMENT [4]

ITEM 8.1

Representation - Homemaker Centre - Passport Surf ATTACHMENT [5]

ITEM 8.1

Representation by Donna James and Tameika Anthony (Star Channel Network) ATTACHMENT [6]

ITEM 8.1

Representation - Devonport Amcal Pharmacy (Steve Butler) ATTACHMENT [7]

ITEM 8.1

Representation by Paul Ibbott ATTACHMENT [8]

ITEM 8.1

Representation by Andrew Argent ATTACHMENT [9]

ITEM 8.1

Representation by GWT Investments ATTACHMENT [10]

ITEM 8.1

Representation by Adrian & Gabrielle Zolati Zed Investments ATTACHMENT [11]

ITEM 8.1

Representation by Don Willing & Associates ATTACHMENT [12]

ITEM 8.1

Representation from Ireneinc ATTACHMENT [13]

ITEM 8.1

Representation from Mary Ann Edwards obo - ENKZ ATTACHMENT [14]

ITEM 8.1


ITEM 9.1

Notices of M oti on

9.0 NOTICES OF MOTION 9.1 REINSTATEMENT OF PARKING C ONCESSION S - N OTIC E OF MOTION - ALD G F GOOD WIN

9.1 REINSTATEMENT OF PARKING CONCESSIONS - NOTICE OF MOTION

- ALD G F GOODWIN

File: 21086 D275888

In accordance with Regulation 16(5) of the Local Government (Meeting Procedures)

Regulations 2005, a notice of motion has been received from Alderman G F Goodwin. Recommendati on

MOTION

“That Council reinstate the parking concession for self-funded retirees as soon as possible.”

GENERAL MANAGER’S COMMENTS Council currently provides parking concessions for Aged, Service and Disabled pensioners.

Previously Council issued concessions to a much larger demographic which included self

funded retirees, students, health care card holders etc., however in January 2010 Council

resolved to limited the concession to Aged, Service and Disabled pensioners.

Parking income forms a significant part of Councils revenue and as with any decision

which has a variance to planned income or expenditure and should ideally be

considered as part of the annual budget cycle. This allows decisions to be made in the

overall context of the whole organization rather than in isolation.


ITEM 9.2

9.2 PR ESER VATION AND ALIGNM ENT OF EXIST ING WINTER USAGE RIGHTS - GIRDLESTON E PAR K AND D EVONPORT OVAL - NOT ICE OF M OTION - ALD L M PERR Y

9.2 PRESERVATION AND ALIGNMENT OF EXISTING WINTER USAGE

RIGHTS - GIRDLESTONE PARK AND DEVONPORT OVAL - NOTICE OF

MOTION - ALD L M PERRY

File: 26205 D275889

In accordance with Regulation 16(5) of the Local Government (Meeting Procedures)

Regulations 2005, a notice of motion has been received from Alderman L M Perry. Recommendati on

MOTION

“That existing winter usage rights of Girdlestone Park and the Devonport Oval be

preserved and aligned with the leasehold terms (lease tenure) that the East Devonport

Football Club and the Devonport Football Club currently enjoy with Council for their

respective clubroom facilities.

Primary ground usage rights will also be aligned to any subsequent clubroom leasehold

agreements entered into with Council and will be maintained for each, irrespective of

which competition they play in during the term of the said lease.

Primary ground usage rights will give the East Devonport Football Club and the Devonport

Football Club first right of refusal on the following conditions for the term of their respective

leases during those months Council defines as winter for usage purposes:

Primary and preferential use of the ground for roster matches scheduled by their

respective competitions.

Primary and preferential use of the ground for training on any week day or night as

required by the Clubs.

If there is default on either or both of 1) clubroom leasehold arrangements and 2) ground

usage charges as applied and charged by Council, the lease on ground usage will also

be deemed to be in default.”

GENERAL MANAGER’S COMMENTS The current seasonal usage application process covers all sporting precincts, and

gives priority to the seasonal users for games and training

o Ensuring consistency across sporting grounds and precincts

o Providing a mechanism to ensure public liability insurance, and club

requirements on an annual basis

o Providing a communication link for ground requirements, rosters – both junior

and senior, and ground regeneration requirements

The current process is fair and equitable

The current booking process allows Council the opportunity to work with sporting

clubs, in particular Dev Cricket and Football, when negotiating special events e.g.

Nitro Circus which bring economic benefit to the community

The NOM would set a precedent for all current sporting clubs, and would change the

intent and relevance of the seasonal application process.


ITEM 10.1

Mayor al R eport

10.0 MAYORAL REPORT 10.1 MAYOR'S MONTH LY REPORT

10.1 MAYOR'S MONTHLY REPORT

File: 22947 D275233

RELEVANT PORTFOLIO Mayoral Report

RELEVANCE TO COUNCIL’S PLANS & POLICIES

Council’s Strategic Plan 2009-2030:

Strategy 5.3.2 Provide appropriate support to elected members to enable them to

discharge their functions

Purpose To detail meetings and functions attended by the Mayor during the month of July, 2012.

BACKGROUND This report is provided by the Mayor to provide a list of meetings and functions attended

by him for the month of July, 2012.

COMMENTARY In his capacity as Mayor, Alderman Steve Martin attended the following meetings and

functions during the month of July, 2012.

Devonport Jazz – handing out promotional bags to retailers

Kommunity Kids – on roster

Geoff Parker – Aust Weaving Mills

Resident meetings

Nixon Street Primary School

RACT – North West Advisory Board – Road traffic matters

Chat n Choose

7AD fortnightly interview

Community Safety Liaison Group

Citizenship ceremony

Southern Cross TV interview

Advocate Interview

Kommunity Kids

City of Devonport Brass Band Presentation evening

LGAT AGM & 100th Annual Conference - Hobart

Devonport Chamber of Commerce & Industry Awards for Excellence

Devonport City Soccer Club

Opening Devonport Airport – new facilities including security screening


ITEM 10.1

QantasLink

ABC Radio interview

TASport Corp function

LINC – launch of Nigel Squibb’s E-Cook Book

Jazz Countdown – BMW Roadshow

Bluff Development Committee

Western Police District Performance Review – Burnie

Nixon Street Primary School teacher Mrs Mahony

Child Health & Family Centre, East Devonport – launch of “Working Together”

Jazz Window Judging & Presentations

LINC

RESPECT forum – Burnie

Miandetta Primary School – National Tree Day

Hon Mark Dreyfus QC MP, Parliamentary Secretary for Climate Change

Maidstone Park

LGAT Mayors Workshop

ABC Radio interview – Jazz

GREENCO Parking

Jazz weekend events

Devonport Rugby Club

NWBU Grand Finals

Ea-Girls Second Semi Final

Mayor’s Charity Trust Fund Deed signing with Peter Lyons

Gran’s Van official Opening of East Devonport “Shelter Shed”

Mr & Mrs Upston, East Devonport

Mrs Thompson, East Devonport

FINANCIAL IMPLICATIONS Mayoral expenses are costed to the general ledger account for Alderman Support and

are listed in a separate report.

RISK IMPLICATIONS It is believed there are no risks associated with this report.

CONCLUSION Meetings and functions attended by the Mayor will be reported on a monthly basis.

ATTACHMENTS

Nil


ITEM 10.1

Recommendati on

RECOMMENDATION

That the report advising of the Mayor’s meetings and functions for the month of July, 2012

be received and noted.


ITEM 11.1

Gener al M anager's R eports

11.0 GENERAL MANAGER'S REPORTS 11.1 ELECTED M EMBERS EXPENDITUR E R EPORT

11.1 ELECTED MEMBERS EXPENDITURE REPORT

File: 22947 D275236

RELEVANT PORTFOLIO General Manager





Purpose To detail expenditure of both the Mayor and Aldermen for the previous month.

BACKGROUND This report is in response to Council resolution 49/12 “That Council be provided with a

specific monthly report in relation to expenditure incurred, in excess of statutory

allowances, for both the Mayor and Aldermen.”

COMMENTARY Expenditure processed in July:

Mayor Steve Martin

$659.09 Registration fee – LGAT conference

$ 31.88 Mobile phone account

Aldermen

$ 443.04 Aldermen Internet Allowance

$ 386.63 I-Pad monthly fee

$3,766.00 LGAT Conference registration fees (Aldermen Kent, Hollister, Goodwin,

Keay, Jarman)

Due to the timing of Credit Card statements and invoices, expenditure will be reported as

and when the account is paid. Items in this report may relate to transactions that

occurred in previous months.

FINANCIAL IMPLICATIONS Mayoral expenses are costed to the general ledger account for Alderman Support and

are listed in a separate report.


CONCLUSION Expenses will be reported on a monthly basis as adopted by Council at the February 2012

meeting.

ATTACHMENTS Nil


ITEM 11.1

Recommendati on

RECOMMENDATION

That the report advising of Mayoral and Aldermanic Expenditure for the month of July,

2012 be received and the information noted.


ITEM 11.2

11.2 General Manag er's Del egati ons

11.2 GENERAL MANAGER'S DELEGATIONS

File: 26661 D275387




Strategy 5.3.1 Review and amend governance structure, policies and procedures

to adapt to changing circumstances

PURPOSE To delegate appropriate powers of Council to the General Manager.

BACKGROUND The General Manager’s delegations were last adopted on 16 August 2010 (Resolution No.

208/10) and should be reviewed every two years to ensure relevance and accuracy.

COMMENTARY The majority of Councils delegate a number of their powers to the General Manager, to

assist in the efficient and effective management of the functions and powers of the

organisation.

Following the granting of delegation to the General Manager, it is permissible for the

General Manager to sub-delegate appropriate powers to other employees of Council.

Delegations should be reviewed regularly, at least every two years, to ensure that

delegations are accurate, current and appropriate to the relevant position. Any urgent

revisions can be made outside the structured review process, if required.

In regards to changes and revision to legislation and regulations, it is important to note

that it is necessary to review and revise delegations at intervals less than 12 months.

Particularly when new legislation is enacted it becomes necessary to update the General

Manager’s delegations to incorporate the legislative changes that have occurred.

The Auditor-General Special Report – No.59 – Delegations in Government Agencies, Local

Government Delegations and Overseas Travel – April 2006, states that:

Council’s should ensure that appropriate documented policies and procedures are

in place for the management of all delegations;

Council’s should ensure that they adhere strictly to the provisions of the Local

Government Act 1993, in managing their delegations, so as to ensure compliance

with this Act; and

Council’s should ensure that instruments of delegation are clear and unambiguous,

so as to prevent exposure to possible risk of inappropriate delegations being

exercised.

These points have been taken into consideration in the development of delegations for

the Devonport City Council.


ITEM 11.2

Additionally, it is essential that instruments of delegation are communicated to relevant

staff to ensure that the employee is fully aware of their delegations and related

responsibilities and obligations.

Since the General Manager’s last Delegated Authority Document was adopted by

Council in August, 2010, there have been some additional Acts and Legislation that have

been identified as needing to be captured under this process. These Acts include, but are

not limited to, the Public Interest Disclosures Act 2002; Roads and Jetties Act 1935; Weed

Management Act 1999; Emergency Management Act 2006; and the Fire Service Act 1979.

Amendments to the previous delegations also include the removal of the Refuse By-Law,

which is no longer applicable, streamlining of delegated authority under Land Use

Planning and Approvals Act 1993, and removal of provisions of the Public Health Act 1997

and the Food Act 2003, other than the right to appoint and delegate powers under these

acts to a qualified Environmental Health Officer.

FINANCIAL IMPLICATIONS Delegations may or may not contain monetary limits, so as to ensure that employees

exercise power to expend funds within prescribed budgetary limitations. Delegations may

be tied to budgets or purchasing policies for this purpose.

RISK IMPLICATIONS Contractual/Legal

Legal implications are possible if correct delegation instruments are not in place or

not followed correctly

CONCLUSION The approval of Council is required for delegations issued under Council’s various

legislative provisions and appointments pursuant to Council’s by-laws.

ATTACHMENTS

1. Delegation Instrument

Recommendati on

RECOMMENDATION

That the General Manager be delegated powers in accordance with the attached

delegation schedule.

Delegation Instrument ATTACHMENT [1]

ITEM 11.2

Delegation by Council to the General Manager

Pursuant to Section 22(1) of the Local Government Act 1993, Council delegates the

following powers and functions to the General Manager and any officer acting in the

capacity, and unless prohibited by Section 22(2) of the Local Government Act 1993 or

otherwise prohibited, authorise that those powers and functions may be sub-delegated by

the General Manager pursuant to Section 64 of the Local Government Act 1993:

1. Signing/Authorising

Local Government Act 1993

1.1 Attest the execution of a document sealed by Council, provided that if a

document relates to a development application that was determined by an Officer in

accordance with this Policy, the General Manager, not being the officer having exercised

the delegated authority may attest the execution of the document (S19.5);

1.2 Authority to authorise a person to enter land for a specified purpose or in

general, subject to conditions (S20A);

1.3 Authority to issue an identity card (S20B);

1.4 Authority to raise funds (S73);

1.5 Authority to expend funds (S74);

1.6 Approve the investment of funds in accordance with Council’s policy (S75);

1.7 Write off any debts owed to the Council pursuant to this section (S76);

1.8 Make a grant or benefit to any person, other than an Alderman, pursuant to this

section of the Act, for any purpose in keeping with a Council policy (S77.1);

1.9 Authority to issue debentures or inscribed stock for the purpose of loan raising

(S79.1);

1.10 Authority to establish and maintain in Council’s name, authorised deposit-

taking institution accounts, as deemed necessary (S81);

1.11 Prepare estimates of revenue and expenditure for the financial year (S82.1);

1.12 Make minor adjustments to individual items within any estimate, in accordance

with the resolution of Council adopted with the budget, so long as the total amount of the

estimate is not altered (S82.6);

1.13 Authority, where a supplementary valuation is made of any land, to adjust the

amount payable in respect of any rate for that land for that financial year (S92);

1.14 Authority to grant or refuse an amendment to a rates notice (S123);

1.15 Fix amounts, times, terms and conditions for the payment of moneys due to the

Council by instalments, by a ratepayer pursuant to this section (S124.1);

1.16 Agree to and to cease a postponement of rates. Remit all or part of any rate in

accordance with past custom and practice, or resolution of Council, or where it is in the

interest of Council to do so and remit all or part of any amount of penalty and interest in

accordance with this section if the charge was raised whilst the ownership of the property

was in the process of being transferred (S126-127);


ITEM 11.2

1.17 Authorise such remission of rates, charges and fees which have been paid or

payable under a mistake of fact, as may be certified and recommended by the

appropriate officer of the Council (S129);

1.18 Authority to issue a certificate of liability (S132);

1.19 Authority to recover a debt due (S133);

1.20 Authority to recover rates (S134);

1.21 Authority to require a person who holds a lease or licence relating to land in

respect of which rates are due to pay to the Council any rent or other consideration

payable under the lease or licence in satisfaction of any unpaid rates (S135);

1.22 Authority to sell land for the recouping of unpaid rates (S137);

1.23 Authority to issue infringement notices and fines under Council by-laws (S149);

1.24 Power to authorise employees of Council to remove any person from land

owned by, or under the control of Council whom they reasonably believe is offending

against a by-law; and to remove anything which is on such land without the approval of

the Council (S152);

1.25 Authority to request a person give their name and address if of the belief that

the person is offending or has offended against a by-law (S152A);

1.26 Authority to prepare and submit a regulatory impact statement, in respect of

the making of by-laws (S156A);

1.27 Authority to give notice of a proposed by-law (S157A);

1.28 Authority to certify a by-law, in conjunction with a legal practitioner (S162);

1.29 Authority to issue infringement notices in case of breaches relating to the

parking of vehicles on land owned by it or under its control (S170.2);

1.30 Authority to purchase or lease land for any purpose which it considers to be of

benefit to the Council or the community (S175);

1.31 Authority to acquire land (S176);

1.32 Authority to sell, lease, donate, exchange or otherwise dispose of land owned

by it, other than public land, in accordance with this section (S177);

1.33 Authority to sell, lease, donate, exchange or otherwise dispose of public land

owned by it in accordance with this section (S178);

1.34 Authority to lease public land for a period not exceeding 5 years without

complying with S178 (S179);

1.35 Authority to hold land on trust subject to any conditions on which it is to be so

held (S181);

1.36 Authority to require an owner or occupier of land, to erect a fence (S182);

1.37 Authority to require an owner or occupier of land to rehabilitate land (S183);

1.38 Undertake work subject to a notice under this section that has not been

undertaken by owner within period specified (S185);

1.39 Approve and bring to affect the closure of local highways for the purposes of

holding a market (S189) and consider any objection to such road closures (S190);

1.40 Establish a Council animal pound (S193);


ITEM 11.2

1.41 Authority to impound an animal (S194);

1.42 Authority to give notice of impounding an animal, subject to conditions (S195);

1.43 Recover unpaid pound fees (S196);

1.44 Sell, give away or destroy any impounded animal if not claimed (S197);

1.45 Authority to arrange for an impounded animal to be destroyed, on the advice

of a qualified veterinary surgeon (S198.1);

1.46 Issue permits in relation to private animal pounds (S198A);

1.47 Authority to determine if a nuisance exists (S199);

1.48 Authority to serve a notice when satisfied that a nuisance exists (S200);

1.49 Authority to take necessary action to abate a nuisance if there is an immediate

danger to any person or property; or the person causing the nuisance cannot be

ascertained or found; or an abatement notice has not been complied with. Power to

authorise a person to enter and remain on any land; and close off or fence any place;

and do anything reasonably necessary for that purpose, and charge the owner or

occupier of the land for costs of any action taken (S201);

1.50 Authority to impose fees and charges in respect of the use of any property or

facility owned, controlled, managed or maintained by Council; services supplied at a

person's request; carrying out work at a person's request; providing information or

materials, or providing copies of, or extracts from records of Council; any application to

Council; any licence, permit, registration or authorisation granted by Council; or any other

prescribed matter (S205);

1.51 Remit all or part of any fee or charge paid or payable in accordance with this

section if it is in the interest of the Council to do so (S207);

1.52 Authority to authenticate a summons, notice or document without the Seal of

Council (S237);

1.53 Authority to appear in court or in any proceedings on behalf of Council (S240);

1.54 The authority, either on application or their discretion, delete or exclude a

person's address from the electoral roll if satisfied that the safety of the person or the

person's family, may be at risk (S258);

1.55 Authority to invite tenders for any contract it intends to enter into for the supply

or provision of goods or services valued at or above the prescribed amount (S333A);

1.56 Authority to issue a Council land information certificate (S337);

1.57 Authority to round up or round down any amount payable to Council (S344).

Monetary Penalties Enforcement Act 2005

1.58 Authority to issue an infringement notice, and require the person to give their

name, address and date of birth, if it is reasonably believed that the person has

committed an offence for which an infringement may be issued (S14A).

Right to Information Act 2009

1.59 As a Delegated Officer under S24 of the Right to Information Act 2009, authority

to make decisions in respect of Right to Information requests made to the Devonport City

Council;


ITEM 11.2

1.60 Authority to refuse an application if information requested is stored

electronically, subject to conditions (S10.1);

1.61 Authority to disclose information to the public as a required disclosure, routine

disclosure, an active disclosure, an assessed disclosure, or to refuse disclosure, subject to

conditions (S12.2 A-D);

1.62 Authority to negotiate with an applicant to refine or redirect an application for

assessed disclosure (S13.7);

1.63 Authority to transfer an application for assessed public disclosure to another

public authority if the subject matter of the information is more closely connected with the

functions of the other authority (S14.1A-B);

1.64 Authority to extend the period for which a decision on an application for

assessed disclosure is made, subject to conditions (S15.4);

1.65 Authority to request payment of the application fee or waive the application

fee prior to accepting an application (S16.3);

1.66 Authority to defer providing information, subject to conditions (S17.1);

1.67 Authority to refuse a request if it is believed that resources may be

unreasonably diverted, subject to conditions (S19);

1.68 Authority to refuse a request for information if it is a repeat or vexatious

application, subject to conditions (S20);

1.69 Authority to appoint an officer to assist with processes (S23.2);

1.70 Authority to delegate to another person his or her functions or powers under this

Act (other than the power of delegation) for a period not exceeding 3 years (S24.1);

1.71 Authority to determine information as exempt information, if it is believed that it

is contrary to the public interest to disclose the information requested (S33.1);

1.72 Authority to undertake an internal review of a decision made (S43).

Public Interest Disclosures Act 2002

1.73 Authority to appoint a Principal Officer under this Act (S62A).

Personal Information Protection Act 2004

1.74 Authority to use or disclose personal information about an individual for a

purpose other than the primary purpose of collection without the individual’s consent if

the information is basic personal information, subject to conditions (S12).

Oaths Act 2001

1.75 Recognised as a Commissioner of Declarations as a permanent employee of a

local government authority with 5 or more years continuous service (S12.2).

Tasmanian Public Finance Corporation Act 1985

1.76 Authority to borrow money from, deposit money with, and lend money to the

Corporation on such terms and conditions as may be agreed between the Corporation

and the local government authority (16A.1).


ITEM 11.2

Burial and Cremation Act 2002

1.77 Authority to close whole or part of any crematorium if it is believed there is a risk

to public health and safety (S14);

1.78 Authority to improve, embellish and enlarge a cemetery, restrict internments or

to take any other action to properly manage and maintain the cemetery (S19);

1.79 Provide permission for any vault or grave to be made or dug, any monument to

be erected or placed, and to determine its location (S20);

1.80 If a monument is believed to be unsafe, the authority for it to be taken down,

removed or rendered safe (S21);

1.81 Authority to grant an exclusive right of burial – either in fee or a 25 year term,

which may be renewed as agreed (S23);

1.82 If there is insufficient revenue to maintain the cemetery, the authority to cover

the grass area leaving only a tombstone, if the tombstone shows the name of the person

buried there. Provision to remove any monument and re-erect in another section of the

cemetery. If the vault or monument bears no legible indication as to whose grave is there,

or if the superstructure of a vault or monument is unsafe, enforce removal of any

material/substance preventing the covering of the area with grass (S26);

1.83 Ability to authorise the whole or part closure of a cemetery if it is deemed

prejudicial to public health or safety. Notice may be given to undertake prescribed works

or close immediately, dependent upon nature of concern (S28);

1.84 Authority to close whole or portion of cemetery, if no internments have taken

place for a period of over 30 years, or if internments have taken place, with no vault or

monument, other than a flat slab flush with the ground, and to discharge an exclusive

right of burial, by agreement with the holder (S29);

1.85 Authority to lay out the closed cemetery, or closed portion of cemetery as a

park or garden for use as a place of quiet recreation (S30);

1.86 Authority to dispose of the whole or portion of cemetery which is not required

for internment, regardless off exclusive rights of burial, however another portion of the

cemetery, or of another cemetery, if so agreed, must be provided (S31);

1.87 Authority to construct roads, avenues and walks in or through the land; erect

and construct on the land any ornamental and other buildings/structures; enclose, drain,

turf, level and light the whole or any part of the land; plant trees, shrubs and plants;

demolish or remove any graves, monuments or vaults erected on the land; exhume any

remains which are interred at the cemetery, and inter those remains either in the land or

elsewhere; build on or under any portion of the land any structures or vaults that is

deemed fit for the reception of any human remains which are not removed from the land

for internment elsewhere; or generally execute works and do all acts and things necessary

for laying out the land as a park or garden, to be used for quiet recreation only (S33);

1.88 Authority, at any time within 12 months after the closure of a cemetery, at the

request of any lineal descendant of a deceased person whose remains are interred in the

cemetery or whose name appears on any grave, monument or vault in the cemetery, to

make available at no further cost at another cemetery, any land necessary for the

interment in that cemetery of those human remains; or the relocation in that cemetery of

the grave or the re-erection of the monument or vault (S35);


ITEM 11.2

1.89 Authority, after a cemetery has been closed for a period of at least 12 months,

permission to demolish and remove any grave, monument or vault and reverently exhume

and re-inter any human remains (S36);

1.90 Permission, subject to the conditions of the Act, to allow the carrying out of any

activity on the land that is consistent with quiet recreation (S37);

1.91 Authority to reopen a grave if it is not intended to remove any human remains

(S39);

1.92 Authority to allow internment of human remains at a place other than a

cemetery, if permission from the landowner is also given (S41);

1.93 Ability to delegate to an officer of Council, the authority to enter, at a

reasonable time and with reasonable notice, a cemetery, place or premises that are, or

have been used or may be used for, or in connection with, a prescribed business; or any

other place or premises which there is reason to believe records relating to a cemetery,

place or premises. Furthermore, the ability to use reasonable force to enter on land or a

building, if there is a reasonable belief that circumstances require immediate action to be

taken, in respect to the Act (S51).

Local Government (Building & Miscellaneous Provisions) Act 1993

1.94 Authority to approve subdivisions, subject to conditions (S83);

1.95 Authority to disapprove subdivisions, subject to conditions (S84);

1.96 Authority to refuse an application for a subdivision, subject to conditions (S85);

1.97 Authority to require security for payment, prior to approving a plan of

subdivision (S86);

1.98 Authority, if satisfied that a final plan is compliant with regulations, to approve

final plans. Council is to affix its seal and lodge with the Recorder of Titles. If Council

disapproves final plans, they must notify the Recorder of Titles, within seven days of its

disapproval (S89.1-3);

1.99 Upon a correction to a final plan being made by Records of Titles, the authority

to object to the making of any correction to the final plans (S91);

1.100 Authority to cancel its seal on a final plan if the plan is withdrawn from, or

rejected by the Recorder of Titles (S93);

1.101 Authority to seek conveyance or transfer a way shown on a sealed plan as “to

be acquired by the highway authority” to the Council in fee (S97);

1.102 Authority to direct a drainage easement shown on a sealed plan for the benefit

of a lot to be taken to terminate at an outlet approved by Council (S99);

1.103 Authority to purchase or take land recoverable if a lot ceases to have the

qualities of a minimum lot (S101);

1.104 Authority to amend sealed plans, subject to conditions (S103);

1.105 If no objections within 28 days, authority to cause an amendment to be made.

Alternatively, if a hearing is to be convened, at the conclusion of such hearing, authority

to cause an amendment to be made with or without modification (S104);

1.106 If compensation is to be made to a person adversely affected by an

amendment, the Council may recover against the petitioner and any person heard or


ITEM 11.2

asking to be heard in support of the amendment, to the extent to which they are

benefited by the amendment (S105);

1.107 Authority to enforce an access order before notifying its approval of the plan or

subdivision, and the authority to undertake the works and recover associated costs if not

undertaken by the owner (S107);

1.108 Authority to obtain a dedication of land for widening or diverting or a licence

to embank, if an approval for a plan for subdivision is not granted under section 85 (S108);

1.109 Authority to approve and disapprove minimum and sub-minimum lots, subject

to conditions (S109);

1.110 Authority to make an adhesion order on a block, subject to conditions (S110);

1.111 Authority to approve the subdivision of sub-minimum lots, subject to conditions

(S111);

1.112 Authority to exempt a subdivision from the operation of Part 3 of the Act,

subject to conditions (S115);

1.113 Authority to purchase excess space for use as public open space (S116);

1.114 Before approving a plan of subdivision, authority to require security for the

payment, rather than requiring an owner to increase the area for public open space

(S117);

1.115 Authority to direct an employee, once they become entitled to long service

leave under this section, to commence leave within 6 months after the date of notice

(S227);

1.116 Authority to grant an employee recreation leave under another enactment in

respect of the calendar year in which any period of long service leave granted to that

employee commences (S232);

1.117 Authority to allow an employee, whilst on long service leave, engage in

business undertakings, engage in private practice, or accept or engage in paid

employment (S233);

1.118 Authority to recover from another Council who an employee has been

employed with prior to employment with Council, salary, wages or allowances,

proportionately (S234);

1.119 Authority, upon recommendation from the National Trust of Australia (Tasmania)

by order, prohibit the demolition of a building of historical or architectural interest or of

special beauty, or prohibit the alteration or adding to the building (S241);

1.120 Authority to enforce a preservation order, subject to conditions (S243);

1.121 Authority to approve or disapprove the erection, put up or placement of any

hoarding or similar structure for advertising purposes (S246);

1.122 Authority to enforce the removal of advertising hoardings (S247);

1.123 If a building is built over a drain, as prohibited under S248, authority to demolish,

remove or remedy it, and perform any works necessary for restoring or reinstating its drain,

and to seek recovery for expenses incurred (S248);

1.124 Authority to construct a stormwater drain or sub-soil drain, if, in Council’s

opinion, a street, right of way or private land is not adequately drained, and to seek

compensation from the owners of the land that is served by or derives benefit, or front or

back or abut on any part of a street which is drained by the drain (S251).


ITEM 11.2

Water and Sewerage Industry Act 2008

1.125 Exercise all of Council’s functions and powers as a Planning Authority in respect

to Subdivision 3, “Planning Referrals” of the Water and Sewerage Industry Act 2008 (S56N-

Q).

Litter Act 2007

1.126 Authority to serve an Infringement Notice on a person who has attained the

age of 16 years, if it is reasonably believed that the person has committed an offence

against this Act that is prescribed as an offence for which an Infringement Notice may be

served (S17);

1.127 Where litter has been deposited on any reserved land, the powers conferred by

this Division may be exercised by an authorised officer only if so provided in the instrument

of his/her appointment (S32);

1.128 Authority, to serve a Litter Abatement Notice, if on reasonable grounds, it is

suspected that a person is carrying on any activity that has caused, or is likely to cause,

the deposit of litter contrary to S9 or if litter has been deposited in any place contrary to

that section or that litter has escaped, or is likely to escape, from any place. If on

reasonable grounds, it is suspected that litter has escaped, or is likely to escape, from a

motor vehicle or trailer, the Authorised Officer may serve a Litter Abatement Notice on the

registered operator of, or person in charge of, the motor vehicle or trailer (S35);

1.129 Authority to undertake provisions of S41 (1-6) of this Act, pertaining to powers of

Authorised Officers (S41);

1.130 Authority to require a person to state his/her name and address or place of

residence if on reasonable grounds the officer believes the person is committing or has

committed an offence under this Act (S43);

1.131 Power to demand all information required as to the identity and whereabouts

of a driver of a vehicle whom it has alleged has committed an offence under this Act, as

the registered operator of a vehicle (S46);

1.132 Upon exercising power under this Act, be able to produce evidence of his or

her identity and authority if reasonably asked to so by any person (S47);

1.133 Any act, matter or thing done or omitted to be done in good faith in

administration or exercising of powers under this Act, does not subject the officer or

Council to any liability in respect of the act, matter or thing (S49).

Traffic Act 1925

1.134 Authority to issue traffic infringement notices for prescribed offences under this

Act (S9.3);

1.135 Authority, if an article is placed or left in a public street to the obstruction,

annoyance or danger of road users, nearby residents or other persons, remove the article

or cause it to be removed; take the article or cause it to be taken to a place of safety; or

detain the article, or cause it to be detained, until the expense of removing, taking or

detaining the article is paid to the relevant authority, and advise the owner as soon as

practicable of the action undertaken. If unable to inform the owner of the removal of the

article within 30 days, or inform the owner of the removal within 30 days, but does not

receive payment of the required expenses within 14 days after the date of being


ITEM 11.2

informed, cause the article to be disposed of, and to use the proceeds, if any, to defray

those expenses (S43).

Dog Control Act 2000

1.136 Authority to keep a register of registered dogs (S15);

1.137 Authority to cause a dog that is not implanted with a microchip to be

implanted in an approved manner with an approved microchip (S15A);

1.138 Authority to declare a dog dangerous dog, subject to conditions (S29);

1.139 Authority to declare a dog a restricted breed, if satisfied that the dog is a

restricted breed (S29A);

1.140 Authority, where a dog ceases to be a guard dog, revoke a declaration that a

dog is a dangerous dog, if satisfied that the dog is no longer a guard dog, and is not a

dangerous dog (S30);

1.141 Authorisation to seize and detain any dog at large (S35);

1.142 Seize and detain any dog in respect of which there is reasonable cause to

believe that an offence under the Act has been committed (S37);

1.143 Authority to seize a dog that is illegally removed from a pound, and detain the

dog until the fees and costs arising from detention and retrieval are paid (S40.2);

1.144 Authority to destroy a dog, if satisfied that the dog is behaving in a manner and

in such circumstances likely to cause or has caused injury, death or serious bodily injury to

any person or animal. Additionally, may destroy a dog if it is found distressed or disabled

to such an extent that continued existence is likely to involve continued suffering (S42);

1.145 Authority to investigate the subject matter of a complaint upon receipt of a

complaint (S48);

1.146 Authority to refuse an application for a licence (S54);

1.147 Authority to grant an application for a licence, subject to conditions (S55);

1.148 Authority to cancel a licence, subject to conditions (S58);

1.149 Power to serve an infringement notice on a person if of the opinion that the

person has committed a prescribed offence under the Act (S64);

1.150 Authority to enter and remain in or on any private premises at any reasonable

time to determine the number of dogs on the premises, whether the dogs are registered,

and any other relevant matter relating to the licence (S72);

1.151 Authority to enter onto land owned or occupied by an owner, or person in

charge of a dog that has committed an offence against the Act, and search for and

seize any dog on that land. Additional authority to apply to a Magistrate for a warrant to

enter any dwelling on that land to enforce any provision of the Act (S73);

1.152 Authority to claim a dog as property of Council, subject to conditions (S76);

1.153 Authority to demand from any person his or her name and place of abode if it

is believed that the person is committing, has committed or attempted to commit an

offence against this Act (S77);

1.154 Authority to waive, refund part of or all, or discount a fee (S80);

1.155 Authority to delegate to any person any of Council’s powers under this Act,

other than the power of delegation (S82).


ITEM 11.2

Building Act 2000

1.156 Authority to delegate to any person any of Council’s powers and functions

under this Act, other than the power of delegation (S11);

1.157 Authority to take appropriate action under Part 11 of the Act, if building work in

relation to a building or part of a building is carried out without a building permit (S61);

1.158 Authority to take appropriate action under Part 11 of the Act, if plumbing work

is carried out without a plumbing permit (S76);

1.159 Authority to grant an application for a temporary occupancy permit if satisfied

that the building or temporary structure is suitable for occupation, subject to any

reasonable and relevant conditions, and to advise the permit authority of approval (S108);

1.160 Authority to cancel a temporary occupation permit if the building or temporary

structure is deemed unsafe or unhealthy, or if conditions of the permit are not complied

with (S109);

1.161 Authority to refuse an application for a temporary occupancy permit if satisfied

that the building or temporary structure is unsuitable for temporary occupation (S110);

1.162 Approve or disapprove the erection of a fence, building or other structure, so

as to restrict the use, in connection with a building, of any unoccupied area of the land on

which it is to be built (S118);

1.163 Authority to disapprove building work on land where the surface of the land is

incapable of being drained into an existing stormwater, channel or suitable outlet (S157);

1.164 Authority to disapprove the erection of a building of a structure that contains

habitable rooms or from which effluent normally flows, on land where the effluent cannot

be drained into a sewerage systems satisfactorily (S158);

1.165 Authority to approve the carrying out of building work over an existing drain or

within one metre from the edge of an existing drain measured horizontally, subject to

conditions (S160);

1.166 Authority to make an emergency order if of the opinion that a threat to life may

arise out of the condition or use of a building or temporary structure. This order may

require an owner or occupier of a building or temporary structure to evacuate, stop work

or carry out building work or other work or prohibit the occupation of the building or

temporary structure. The emergency order may be revoked if circumstances leading to

the making of the order have changed (S162);

1.167 Authority to issue a building notice to the owner of a building or temporary

structure if the work is being carried out without a permit, or if work being carried out is in

contravention of the permit, the Act, the use of the building or temporary structure is in

contravention with the Act, or if the building or temporary structure is unfit for use or

occupation, is a danger to users of the building or adjoining land, or if the essential health

and safety features of the building are not maintained in accordance with the Building

Regulations (S163.1);

1.168 Authority to perform any of the duties of a building surveyor under subsection 2

or 2A if the building surveyor resigns, dies or becomes incapable, for any reason, of

performing those duties required (S163.2B);

1.169 Authority to issue a plumbing notice to an owner of land if plumbing work is

being carried our on the land without a plumbing permit (S164);


ITEM 11.2

1.170 Authority, if of the belief that a building or temporary structure may be a fire

hazard, to inspect the building or temporary structure and prepare a report on the matter.

The fire upgrading report is to state whether or not the building or temporary structure is a

fire hazard, provide a program for work to overcome any fire hazard, specify the period

and manner in which representations may be made, and any other specified matter.

Statements may be obtained on matters relating to a fire upgrading report from any

relevant reporting authority (S166);

1.171 Authority to issue a fire upgrading notice to an owner if a fire upgrading report

identifies that a fire hazard exists. A building order may be served in the first instance,

rather than a building notice, if it is believed that the work required to be done is of a

minor nature. An order under subsection 2C may be made if it is believed that the

building work is in contravention of the Act, poses a danger to the public or affects the

support of any adjoining property (S167);

1.172 Authority to issue a building order on an owner of land on which building work is

carried out without a permit, if the building notice in respect of that building work is not

revoked, in addition to a building order under S170 of the Act (S171);

1.173 Authority, if a plumbing notice is not revoked, to serve a plumbing order on the

owner, or person apparently in charge of the a site on which the plumbing work is being

carried out (S172);

1.174 Authority to serve a building order in relation to a fire hazard on the owner, if a

fire upgrading notice is not revoked, in addition to a building order under S170 (S173);

1.175 Authority to grant an application for a permit to proceed within the specified

period if the application is in accordance with S178, and if satisfied as to the matters

referred to in S179 (S180);

1.176 Authority to refuse an application for a permit to proceed in respect of any

building work if it is not in accordance with S178, or if a certificate to proceed is not in

force in respect of that building work (S181);

1.177 Authority to grant an application for a permit of substantial compliance if the

application is in accordance with S186, and is satisfied as to matters referred to in S187,

relating to stability of site, provision of water to site, means of road access to the site, and

any other relevant requirements of any permit or consent granted or issued under any

other Act or of this Act or the Building Regulations (S188);

1.178 Authority to refuse an application for a permit of substantial compliance in

respect of any building work if it is not in accordance with S186 or if a certificate of

substantial compliance is not in force in respect of the completed or substantially

completed building work (S189);

1.179 Authority to serve an order to demolish building work to which a building order

under S171 relates on the owner if satisfied that the building work does not comply with this

Act, and is detrimental to safety and health of any occupant or future occupant of the

building or public. Further authority to enter onto land and demolish any building work in

respect of which an order to demolish is served, subject to conditions (S191);

1.180 Authority to carry out work if an owner fails to comply with a building or

plumbing order. In carrying out this work, authority to enter on the land where the work is

to be done, exclude other persons from the place the work is being done, determine the

form of the alteration if required, determine the condition the remainder of the building is

to be left, if anything is to be taken down, demolished or removed, carry away materials


ITEM 11.2

removed to a convenient place, and to sell any materials so carried away and deduct

the proceeds from the cost of the work (S192);

1.181 Authority to take proceedings under the Justices Act 1959, to obtain possession

of the building or temporary structure, if any occupier of a building or temporary structure

fails to allow any person to do work under S192, and remain in possess of a building or

temporary structure pursuant to a warrant until the work is completed (S193);

1.182 Authority, if having demolished a building pursuant to S192 (2) to sell the

building for removal, or sell the materials on the site for removal, after demolition. Further

authority to grant the purchaser of a building under subsectrion1(a), all the powers it has

under S192, and to pay the owner of the building or materials sold under subsection(1),

the balance of any proceeds of the sale after deducting any reasonable expenses

incurred. Money not claimed within one year after the building’s sale is vested in Council

(S194);

1.183 Authority to seek recovery, from the owner of the building or temporary

structure, for costs of any work not done by the owner, as required by an owner under Part

11, and undertaken at the direction of Council (S197);

1.184 Authority to request the assistance of a police officer in the evacuation of a

building or temporary structure in accordance with an emergency order, and in removing

any person from a building or temporary structure in respect of which an emergency

order or a building order is being carried out (S198);

1.185 After inspecting works completed under an emergency order, authority to

notify the owner that the order has been complied with or requires the order to be

complied with (S199);

1.186 Authority to reuse an amendment or revocation of a building order, issue an

amended fire upgrading notice or revoke a fire upgrading notice, if an owner who is

required to comply with a building order, served after the issue of a fire upgrading notice,

advises of a change in circumstances after the original fire upgrading notice (S200);

1.187 Authority to serve an infringement notice in a person, if of the opinion that the

person has committed a prescribed offence (S243);

1.188 Authority to, at all reasonable times, access any building work or building, and

may enter any premises for the purpose of exercising any power or performing any

function under this Act, subject to conditions (S258);

1.189 Authority to demand the owner of any building or land produce any records

relating to the building or land, or to any building work, plumbing work or plumbing

installation in respect of that building or land, and search for, inspect, take extracts from

and make copies of those records, and make enquiries considered necessary in relation

to the any building work or building (S259).

Local Government (Highways) Act 1982

1.190 The authority to declare that a road or other way within a municipality that is

not a highway, shall become a highway maintainable by Council or a particular kind of

highway so maintainable, subject to conditions (S12);

1.191 Authority to divert or close a local highway, or part thereof for the public

benefit, in the interests of public safety or because of lack of use, if standard requirements

have been complied with (S14);

1.192 Authority to acquire any land, other than Crown land, when in accordance

with S14, a highway is closed. Furthermore, the authority to acquire land for the purposes


ITEM 11.2

of the diversion of a highway include power to acquire land for the purpose of

transference (S15);

1.193 Authority, after consultation with the Commissioner of Police, close a local

highway or part of a local highway, forbid the use of a local highway or part of a local

highway, or subject to a Council resolution, grant exclusive licences to occupy part of a

local highway, closed for such periods and on such conditions as the corporation sees fit

(S19);

1.194 Authority to, for the purpose of providing a place for the sale of goods and for

entertainment, close part of a local highway on a Saturday, Sunday or a statutory public

holiday for 12 hours or less, subject to conditions (S20);

1.195 Authority to carry out such works as it considers necessary for the maintenance

or renewal of any bridge, embankment, or other work carrying, or otherwise associated,

with the highway. However, Council is not liable for any injury or loss arising from the

condition of a highway, unless that condition results from the improper carrying out of

highway works that are carried out by, or direction of, Council (S21);

1.196 Authority to close all or part of a highway, or close it to particular forms of

traffic, or restrict the rights of passage over the highway, for the purpose of carrying out

highway works in a highway, subject to conditions. Additional authority to leave, stack, or

deposit on a local highway vehicles, plant, equipment or materials required for the work

undertaken, and the ability to sell or otherwise dispose of, timber or other materials

obtained due to the carrying out of highway works (S25);

1.197 Authority to purchase or acquire land for the purpose of obtaining material

from that land, materials required for highway works, subject to conditions. After providing

the occupier of any land other than Crown land, 7 days notification, authority to enter the

land and obtain and remove from it materials or indigenous timber as may be required for

the highway works, and provide compensation for the materials obtained or damage

done in the exercising of its powers under this section (S26);

1.198 For the purpose of carrying out highway works, the authority to enter any land

adjoining a highway, and use any uncultivated land as a temporary deviation of the

highway, subject to conditions. Compensation is not necessitated, but as far and as soon

as practicable, all damage done by the exercise of these powers should be made good

(S27);

1.199 Authority to, by written notice, where it considers necessary in the carrying out

of any highway works, require a person to shift a bridge, wire or other aerial work, or a

pipe, cable, conduit, tank, tunnel or other underground work or to fill up a cellar or

excavation, subject to conditions. In the event that the person does not comply with the

notice, proceed with the acts specified in the notice, making compensation to all persons

injuriously affected by those acts. Additionally, for the purpose of doing acts referred to in

this section, authority to serve an order on the person given notice, to cut off the electrical

current, gas, water, oil, or sewage from the work to be shifted between such times as are

specified in the order and that person shall comply with the order (S28);

1.200 Authority to carry out works and do such things as is considered necessary or

desirable for rendering the use of the highway safer and more convenient or for improving

its appearance. Powers are extended to the provision and maintenance, in, under or

upon the highway, of the removal of any building, structure, work or other things, including

shelters, equipment, devices for guidance (apart from traffic signs erected by the

Transport Commission), trees, shrubs, statues, fountains and sanitary conveniences, subject



ITEM 11.2

1.201 Authority, with approval from the Traffic Commission, to construct or place

obstructions in a local highway for the purpose of preventing or restricting the movement

of vehicular traffic, such as a road hump, subject to conditions (S31);

1.202 Authority to light, or arrange for the lighting of a local highway, and in the

erecting of light provisions, carry out or cause to be carried out, such works deemed

necessary, including the laying, erection or installation of apparatus or equipment and the

attachment to a tree, building or structure of apparatus or equipment, with such

apparatus or equipment remaining the property of Council (S32);

1.203 Authority, to serve in writing, a notice on the owner of a private way or court, of

which the public ordinarily has access to, to require the person to light it in accordance

with the directions contained in the notice, subject to conditions (S33);

1.204 Authority to make, cleanse and keep open all drains and watercourses which it

considers necessary in and through any land adjoining or near a local highway

maintainable by Council. Except in an emergency, 14 days written notice of intention to

enter land must be given to the owner, and shown on a plan or sketch, the proposed

works (S34);

1.205 Authority, if of the opinion that works are necessary to be carried out on a

highway for the construction or repair of a vehicular crossing over a table drain, gutter or

footpath, at or opposite the entrance to land adjoining a highway, to serve written notice,

requiring the owner of the land to carry out works within a specified period of time, and if

this notice is not complied with, carry out the works itself and recover the expenses

reasonably incurred in doing so, from the owner of the land (S35);

1.206 Authority to serve notice on the owner of land, requiring they erect a fence

between the footpath and adjoining land, to sufficient specifications, and if not done so in

compliance with the notice, carry out the work itself and recover the expenses reasonably

incurred in doing so from the owner of the land (S36);

1.207 Authority, to carry out works for the alteration of the situation of an entrance,

where satisfied that an entrance on land adjoining or adjacent to a local highway has

been excessively damaged due to the driving of vehicles into or out of the entrance, or

that it may create or is likely to create a hazard to highway traffic, to prevent or reduce

damage, or to prevent or reduce a hazard to traffic, and in doing so, may restrict the user

of the land lying between the entrance and the boundary of a highway, subject to

conditions. Compensation shall be paid for any loss or damage arising from works carried

out. If work is carried out contrary to this section, the authority to remove the work and do

such things as considered necessary to reinstate the land and recover expenses

reasonably incurred by doing so itself, from the owner of the land (S37);

1.208 Authority to, for the purpose of ensuring or facilitating good management of a

highway, cut down and remove any indigenous timber growing or standing within 25

metres of the centre of a highway, subject to conditions (S38);

1.209 Authority to, if of the view that it is necessary to remove or reduce the danger

to persons using a local highway arising from obstruction of view, require the occupier of

the land to cut, trim or reduce the height of the vegetation or structure, as required.

Where the roots of a tree interfere with the pavement of, or anything in a highway, require

the occupier of the land to remove the tree which is causing the problem to be killed or

removed or cut off at its roots, within the boundaries of the land. An additional

requirement may be made to the owner of the land on which any vegetation is growing,

to remove a branch or other part of the vegetation that overhangs a local highway,



ITEM 11.2

1.210 Authority to provide consent to an owner to erect an animal barrier across a

country highway, subject to conditions (S40);

1.211 Authority to prohibit the use of a highway during a period, where it is believed

that traffic or traffic of a particular kind is likely to injure seriously a highway, and where

there is a reasonably convenient alternative route for traffic, unless written consent is given

by Council (S41);

1.212 Authority to close a highway, where it has been certified that a local highway is

unsafe to traffic or particular class of traffic (S42);

1.213 Authority to recover any extraordinary expenses it incurs in repairing the

damage caused to a highway, whether that damage was caused by an excessive

weight passing over the highway or any extraordinary traffic (S43);

1.214 Authority to establish that a certain load or axle load is the greatest that can be

sustained by a bridge without risk of damage, or that a certain speed is the greatest that

can be use over a bridge without risk, and placing notices of such restrictions at the end

of each side of the bridge (S44);

1.215 Authority to remove an article abandoned on a highway under its

management, and dispose of said article, the way it sees fit, and to recover any costs

associated therewith, subject to conditions (S45);

1.216 Authority, in accordance with its by-laws, to grant permission to do any one or

more of the following things – open or break up the soil or pavement of a local highway;

make a drain leading to a local highway; put or place a pipe or make a drain leading

into a sewer or drain or other work of Council in or under a local highway; make an

excavation, vault or cellar in or under a local highway; install, under a local highway,

pipelines, pipe systems or other infrastructure required for the transmission, distribution or

supply of natural gas or other gaseous fuels or erect a hoarding or scaffolding for building

or any other purpose in or on a local highway, and recover any costs associated

therewith, subject to conditions (S46);

1.217 Authority to care, control and manage local highways as it sees fit, and to carry

out any work that it is authorised to undertake. If a road, lane, passage or yard on private

property is not made up to the satisfaction of the Council, notice may be served on the

owners affected, requiring the carrying out of such works for the making up of the area as

is specified in the notice, and being sufficient to render the area safe and adequate for

use by persons, vehicles and animals reasonably passable by them. Where a notice is not

complied with, the authority to carry out the works specified and recovery of expenses

reasonably incurred by in carrying out the works, from the owners, subject to conditions

(S50);

1.218 Authority to remove or alter any obstruction or projection (porch, shed,

projecting window, step, cellar, cellar door or window, sign, signpost, sign-iron, show-

board, window shutter, wall, gate or fence), erected or placed against or in front of a

building that is an obstruction to the safe and convenient passage along a highway, and

authority to recover costs reasonably incurred in carrying out of these works, if the owner

of the building fails to do so (S52);

1.219 Authority, where it appears the surface of any land is lower than the level of the

nearest highway, or of the highway, sewer or drain into which the water off the land

should flow, to serve notice on the owner requiring works for the raising the level of the

land or draining its soil, and to carry out these works and recover the associated costs, if

the owner does not comply with the requirements of this notice (S53);


ITEM 11.2

1.220 Authority to put up or paint on some conspicuous part of a building, fence, wall

or on a post, at or near an end, corner or entrance of a highway or other public place,

the name by which the highway is to be known (S54);

1.221 Authority to allot to a piece of land one or more distinguishing numbers, and

cause a building on that land to be marked with such a number in such a manner as

prescribed by the Council (S55);

1.222 Authority to acquire land or rights over land for highway purposes,

notwithstanding that the land is not intended immediately to be used for such purpose

(S58);

1.223 Authority to make arrangements for the carrying out of development, where

satisfied that, for the promotion of the public interest, it is desirable that certain

development in connection with highway improvements should be carried out, subject to

conditions (S59);

1.224 Subject to S60, the authority to discharge a covenant or agree to the variation

of a covenant (S60);

1.225 Authority, where land is held by it for the purposes for highway purposes, to, if it

is expedient having regard to the purposes for which the land is held, create or convey

estates and interests in the land, including any part of it through, in, or under, which a

relevant highway is or is to be carried, or a space or a building or other work that is or will

be, in whole or part, on, above or below its surface, subject to conditions (S61);

1.226 Authority to, in accordance with this section, take land for the widening or

other alteration of a highway, only if the land taken has every part of it within 3 meters of

the boundary of an existing highway; has no building situated wholly or partly on the land

or within 3 metres of its boundary, however the existence of a building (shop, dwelling,

office, warehouse, workshop, garage or other similar building) that has been substantially

pulled down, destroyed or demolished shall be disregarded for the purposes of this

section. Where an owner is advised of Council’s intention to take land under this section,

it may serve notice on the owner requiring the dedication of the land as a highway, and

inform them that in consideration of this, compensation is payable – this is to include costs

of replacement or construction of structures. Where land has not been dedicated as

required by notice, Council has authority to enter and take possession of the land, subject


1.227 Authority, where it has acquired highway rights over any land, and said land is

not presently required to be opened as a highway, to let the land to the owner of the

adjoining land, subject to conditions (S63);

1.228 Authority to prepare a copy and exhibit, all or part of its municipal map

showing any or all of the streets within the municipal district, stating that they have not

been well and sufficiently made, subject to conditions (S66);

1.229 Authority, where a street has not at any time been well and sufficiently made,

carry out streets works it considers necessary to put that street in a proper condition, and

recover the costs for the works undertaken (S67);

1.230 Where the corporation intends to carry out street works, the authority to cause

to be prepared a scheme for the carrying out of these works, subject to conditions. The

scheme should include costs involved, preparation of the scheme, supervision and

inspection of the works during construction, and any other additional costs and expenses.

Where a scheme has been prepared it must be able to be viewed publicly for a

prescribed period (S68-71);


ITEM 11.2

1.231 Authority to, where objections to a scheme have been made, undertake to

amend a scheme, subject to conditions (S72);

1.232 If no objections to a scheme are made, or if objections are withdrawn, it may

be adopted, with or without amendments (S73);

1.233 Authority, where a scheme comes into effect, to carry out any street works

specified therein, in accordance with the scheme. Upon completion of works specified in

a scheme, the street in which they were constructed becomes a highway maintainable

by the Council (S75);

1.234 Authority in the absence of a scheme, where it is considered necessary to do

so, carry out in a street any part of the works, subject to conditions (S79);

1.235 Authority to abandon a scheme, whether it has taken effect or not (S80);

1.236 Authority to mark out spaces and install parking meters or voucher machines,

on any part of a highway within the municipal area, subject to conditions (S95);

1.237 Authority to prescribe hours and days that the parking meters or voucher

machines will operate (S96);

1.238 Authority to enforce controlled parking (S97);

1.239 Authority to close a parking space in certain cases, subject to conditions (S99);

1.240 Authority to serve an infringement notice on any vehicle that is guilty of an

offence under this section (S100);

1.241 Authority to remove a vehicle or other thing to a place of safety and keep it

there, if in breach of this Act, and keep it until the monetary penalty has been paid (S102);

1.242 Authority to issue a permit in respect of a vehicle that is used for the carrying of

goods, equipment or materials in the course of trade, business or an undertaking involving

similar use of vehicles, subject to conditions (S104);

1.243 Authority, on production of identification of employment, and at any

reasonable time, enter and remain in any premises at which, or at which it is reasonably

suspected, that a person is carrying on the business of letting motor vehicles for hire, and

to request for any person found on the premises, to produce any records about the letting

of vehicles for hire; answer any questions about those records, and inspect, take copies or

notes, of any part of any such records (S107);

1.244 Authority to consider whether a proposed street, upon written application from

an owner about to lay or construct a new street, will benefit the owners of adjoining or

adjacent lands, subject to conditions (S114);

1.245 Authority to delegate to one or more officers of Council, the performance of

powers and functions under this Act, as specified in the resolution, or revoke wholly, or in

part, any such delegation (S124).

Vehicle and Traffic Act 1999

1.246 Authority to grant a permit to an applicant to set up and use a stall, stand or

vehicle on a public street, for the purposes of selling any goods, or a business, calling or

employment, subject to conditions. An additional authority to cancel, in writing, the

permit, if satisfied the holder has committed serious or repeated breaches of permit

conditions (S56C).


ITEM 11.2

Roads and Jetties Act 1935

1.247 Authority, when intending to take any land for the purposes of this Act, to

provide the occupier with 7 days notice in writing, to enter upon land and to stake out the

same in such manner as is believed necessary or expedient (S32);

1.248 Authority to contract and agree with the owner of any land for the rental of

such land for the purpose of obtaining materials therefrom for the construction or

maintenance of any road or street or for any other of the purposes of this Act which are

applicable (S33);

1.249 Authority to make use of any uncultivated land for the purpose of constructing

a temporary road whilst any road is being reconstructed, widened, diverted, altered,

improved, or repaired without making compensation for the same, subject to conditions

(S34);

1.250 Authority to, after providing 7 days notice in writing to the owner or occupier of

land, enter upon any uncultivated land and cut down and carry away all such indigenous

timber as may be required for the making, repairing, or fencing any of road, or for any

other purpose of this Act, subject to conditions (S35);

1.251 Authority to cause all quarries and pits which have been opened up or used

upon any land by it to be fenced or otherwise secured and kept so fenced or secured so

long as the same shall continue open and in use, subject to conditions (S36);

1.252 Authority to enter upon any land adjoining any road of which it has the care,

control and management, for the purpose of maintaining or reconstructing such road,


1.253 Authority to make, cleanse and keep open all drains or watercourses which it

may deem necessary in and through any land adjoining or near to any road of which it

has the construction or maintenance, subject to conditions (S40);

1.254 Authority to cut down and remove any indigenous timber growing or standing

within 23 metres of the centre of any road of which it has the care, control, or

management, subject to conditions (S41);

1.255 Authority, for the prevention of danger arising from obstruction to the view of

persons using such road, to demand that any fence, construction, hedge, tree or

vegetation erected, constructed, growing, or planted on land adjoining such road, or any

road intersecting or junctioning with such road, be reduced in height or otherwise cut or

trimmed, subject to conditions. If the owner or occupier fails to comply with notification

within the specified period, the authority to cause such fence, construction, hedge, tree or

vegetation to be reduced in height or otherwise cut or trimmed, and recover in a court

expenses incurred in doing so (S42);

1.256 Authority to give the owner of any land adjoining any road a notice in writing

requiring the owner to construct, to the satisfaction of the road authority, across the table

drain or gutter of the road, at or opposite to any entrance to such land which is used or

intended to be used for vehicular traffic to or from such land, a culvert of such a nature

and of such dimensions as specified in the notice, and as will allow the free passage

through such culvert of any water which may be reasonably expected to flow along such

table drain or gutter and into such culvert when so constructed, subject to conditions

(S44.1);

1.257 Authority to cause a culvert to be constructed and recover from the owner the

expenses incurred in the construction, if the owner fails to comply with the notice, subject

to conditions (S44.2);


ITEM 11.2

1.258 Authority, where an extraordinary expense has been incurred in repairing any

road under care, control or management by reason of the damage caused by any

excessive weight passing along a road, to recover the amount of such expenses that

have been incurred by reason of damage arising from excessive weight or extraordinary

traffic, subject to conditions (S46.1);

1.259 Authority to enter into agreement with a person from whom expenses are

recoverable for the payment to it of compensation in respect of such expenses (S46.2);

1.260 Authority to cause road metal or other materials, or any vehicle or plant used

for the purpose of or in connection with the construction or maintenance of any road, to

be stacked, deposited or left upon such road at a distance from the centre thereof not

less than 2.5 metres (S47.1);

1.261 Authority to erect on part of a road that forms an approach to a bridge with

overhead members, such warning gantries and crash beam gantries as considered

necessary for the protection of the bridge (S47A.1);

1.262 Authority to cause a gantry erected by Council to be marked clearly with the

maximum clearance height for vehicles on the bridge in respect of which the gantry is

erected (S47A.3);

1.263 Authority to grant permission to any person to lay down, construct, and

maintain a tramway or railway along or across any road, subject to conditions (S48.1);

1.264 Authority, where it appears that an article has been abandoned, to remove

the article from that highway or road, and dispose of it in a manner it thinks fit, subject to

conditions (S48A.1-2);

1.265 Authority to give any person making or erecting any building or fence, or

causing or permitting any obstruction or encroachment, or making any drain, sink or

watercourse in contravention of any of the provisions of subsections (1) or (2) in respect of

any road under its care or control, or management, 21 days notice in writing to take down

such building or fence, remove or abate such obstruction or encroachment, or fill such

drain, sink, or watercourse; and in default of the person complying with such notice, the

authority to take down building or fence, remove or abate the obstruction or

encroachment, or fill up the drain or watercourse, and recover the default expense,

subject to conditions (S49.3);

1.266 Authority to grant authorisation for a person to lay down or cause to be laid

down or deposited any timber, stone, hay, straw, dung, lime, soil, ashes, or other like

matter or thing, or any rubbish upon any road, or fell, cut, bark or remove any tree on or at

the side of any road, or remove any soil from any road, subject to conditions (S51).

Drains Act 1954

1.267 Authority to declare that any drain, system or associated works situated in or

servicing the municipality or any part of, not being a drain, system or associated works, the

construction of which was completed prior to the commencement of this Act, become

vested in it, subject to conditions (S11.1);

1.268 Authority to allow a person constructing or proposing to construct a drain,

system or associated works that if the drain, system or associated works is or are

constructed in accordance with the terms of the agreement, it will, upon completion, or

at a date specified, declare the drain, system or associated works to be vested in it

(S12.1);


ITEM 11.2

1.269 Authority, at the request of or by agreement with the owner or occupier of any

land, itself execute at their expense any work, it has, under the Act required the person to

execute or any work in connection with the construction, laying, alteration, or repair of a

drain, or appliance connected therewith, that they are entitled to execute, and for that

purpose, shall have rights as they would have in relation to the execution of that work.

Additional authority of Council to recover its expenses, if any work has been executed by

Council, subject to this section (S27);

1.270 Authority to prepare a provisional scheme, under S30 of the Act, and if the

majority of owners of the land consent to the provisional scheme, confirm the scheme by

affixing its common seal to a copy thereof. Council may carry out the scheme and

recover from all land owners in the area, all costs and expenses of and in connection with

the scheme, subject to conditions (S30);

1.271 Authority to alter the size and course of a common drain (S37);

1.272 Authority to grant or refuse a plan for a building or extension over a drain (S39);

1.273 Authority to drain lands within the area into common drains (S42);

1.274 Authority to, where a person has given notice of their intention to have their

drain made to communicate with a common drain of the Council, give notice to that

person that it intends itself to make the communication, and issue a fine, if the person

proceeds themselves to make the communication, subject to conditions (S44);

1.275 Authority, where a person proposes to construct a drain, and if it is believed

that the proposed drain in or is likely to be needed to form part of a system, to require the

person to construct the drain in a manner differing as regards of material or size of pipes,

depth, fall, direction, outfall or otherwise from the manner proposed, or could be required

by Council, to construct the drain and ensure the person complies with the requirements

set by Council (S45);

1.276 Authority, where action has been taken under S45 in anticipation of

development by building for which drainage will be required, to recover the amount paid

by it for the extra expenses of the person complying with its requirements, from the owners

of the lands for the supposed benefit of which it required him to incur the extra expenses,

as if that amount were the increased cost of a system recoverable under S31 of the Act

(S46);

1.277 Authority to close an existing drain, and undertake necessary work for that

purpose, subject to conditions (S47);

1.278 Authority to have free access to works being executed to repair a drain (S48);

1.279 Authority to ensure a new building has adequate and compliant drainage

(S50);

1.280 Authority to require an owner or occupier of an existing building to take

appropriate action in regards to drainage (S51);

1.281 Authority to force two or more buildings to be drained in combination, subject


1.282 Authority to appoint a septic tank district, and enforce compliance with the

required sanitary works, subject to conditions (S61);

1.283 Authority to enter any premises, at all reasonable hours, for purposes prescribed

under this Act (S78).


ITEM 11.2

Transport Act 1981

1.284 Approve the installation of parking controls, manual of uniform traffic control

devices, parking controls, and issue exemption permits, subject to conditions (S10).

Environmental Management and Pollution Control Act 1994

1.285 Appointed as a ‘Council Officer’ pursuant to this section (S21);

1.286 Authority to issue and serve an environmental protection notice on a person

who is or was responsible for the offending environmental activity (S44);

1.287 In the case of an Environmental Protection Notice being served, the authority

to take action if the requirements of the notice are not complied with, within time

specifications (S47);

1.288 Authority to apply to the Appeal Tribunal for an order under S48 of the Act

(S48);

1.289 When satisfied that a person has committed a prescribed offence, the authority

to serve an Environmental Infringement Notice in respect of the prescribed offence on

that person, or if the identity of the person cannot be readily ascertained or confirmed, on

the occupier or the person apparently in charge of the place or vehicle at, in or in relation

to which the officer is satisfied such an offence has been committed (S67);

1.290 Authority to enter and inspect any place or vehicle for any reasonable purpose

connected with the administration or enforcement of this Act (S92 a-ka);

1.291 Authority to apply for a justice to issue a warrant, where there is believed to be

reasonable grounds to do so, in the contravention of the Act (S93);

1.292 Provision to seize item/s if a breach or offence under this Act is committed (S94).

Land Titles Act 1980

1.293 Authority to advise the Recorder of Titles that an application would not result in

the continuation or creation of a sub-minimum lot, and that it consents to the application

(S138Y).

Land Acquisition Act 1993

1.294 Authority to sign a notice of acquisition, subject to conditions (S18.3C);

1.295 Authority to permit an authorised person to enter and examine land, or obtain

information relating to land, subject to conditions (S54);

1.296 Authority to permit immediate entry to land (S55);

1.297 Authority to permit occupation of adjacent land (S56);

1.298 Authority to sign a notice or other document that is to be served on any person

under this Act (S80).

Strata Titles Act 1998

1.299 Authority to endorse, by issuing a certificate of approval, a strata plan (S6);

1.300 Authority, whereby an amendment to a plan affects the boundaries of lots of

common properties, to grant or refuse a certificate of approval (S19);


ITEM 11.2

1.301 Authority, where required, to grant or refuse an approval of an alteration or

addition to strata plans, where a building on a lot or on common property is altered, or

where a new building is added to a lot or common property (S19A);

1.302 Authority to grant or refuse a certificate of approval, for strata plans,

amendments to, consolidation of and cancellation of strata plans (S30);

1.303 Authority to issue a certificate of approval, if satisfied that any requirements

under the planning scheme are met, and that where the proposal involves building work,

that relevant certificates have been issued under the Building Act 2000. Furthermore, the

authority to refuse an application for a certificate of approval, if it is reasonably believed

that the proposal is for a subdivision within the meaning of Part 3 of the Local Government

(Building and Miscellaneous Provisions) Act 1993 (S31);

1.304 Authority to refuse an application for a certificate of approval if it is considered

that the proposal is for a subdivision (S31.6);

1.305 Authority to refuse a certificate of approval on the grounds that an application

for a staged development scheme should be made (S31.3A-D);

1.306 Authority to refuse a certificate of approval on the grounds that an application

for a staged development scheme should be made (S31AA);

1.307 Authority to grant or refuse approval for a proposed staged development

scheme, subject to conditions (S37);

1.308 Authority to issue a certificate for the area in which a site is situated certifying

that it has granted approval of staged development scheme, and of any conditions

which have been applied (S38);

1.309 Authority to refuse a particular stage in a staged development scheme, if an

earlier stage of the scheme has not been completed as required under the terms of the

registered scheme (S41);

1.310 Authority to grant or refuse an application for a variation of scheme, subject to

conditions (S42);

1.311 Authority to require changes to a proposed community development scheme,

or the demolition or alteration of buildings on the site of the proposed scheme. Further

authority to grant or refuse a community development scheme, subject to conditions

(S54);

1.312 Authority to refuse to approve the development of a particular stage of a

community development scheme if an earlier stage of the scheme has not been

completed as required under the terms of the registered scheme (S57);

1.313 Authority to approve a variation to a scheme unconditionally or subject to

conditions, or refuse a variation of scheme (S58).

Land Use Planning and Approvals Act 1993

1.314 Authority to delegate functions and powers under this Act to persons employed

by the Authority, other than the power of delegation (S6);

1.315 Consult with or obtain the advice, opinion or recommendation of any authority,

organisations, persons or person, or request submission of further information, as necessary

prior to making a recommendation or determining whether to approve or refuse an

application for use or development under the Devonport and Environs Planning Scheme

1984;


ITEM 11.2

1.316 Forward to the Resource Planning & Development Commission advice that no

representations have been received for an amendment (S39);

1.317 Authority to modify or alter a draft amendment of the planning scheme at the

directive of the Resource Planning & Development Commission (S41);

1.318 Authority to request an applicant provide further information before

consideration of the requested permit is undertaken, within 28 days of receiving the

application (S43E);

1.319 Authority to correct a permit if the permit contains any clerical errors,

accidental omissions, or evident material miscalculation of figures or of any person, thing

or property referred to in the permit (S43J);

1.320 Upon the request for an amendment to a permit, the authority to amend the

permit, if satisfied that any amendment will not effect any decision made by the

Commission, does not cause an increase in detriment to any person or does not change

the use or development for which the permit was issued, other than a minor change to

the description of the use or development (S43K);

1.321 Refuse an application or use or development within any Use Class that is

prohibited under the Devonport and Environs Planning Scheme 1984;

1.322 Action the removal of signs (S48A);

1.323 Make requests for additional information and determine whether additional

information is satisfactory and in accordance with this section (S54);

1.324 Make corrections to a permit granted by Council in accordance with this

section (S55);

1.325 Make minor amendments to permits granted by Council in accordance with

this section (S56);

1.326 Authority to grant or refuse an application for a discretionary permit, subject to

conditions (S57), except:

Any application where three or more letters of objection are received during the

statutory representation period; or

Any application where the value of the project is greater than $2million; or

Any application where the General Manager considers would be more

appropriately considered by Council; or

Any application which the General Manager has received a written request from an

Alderman that the application be considered by Council prior to the closure of the

statutory advertising period.

1.327 Instigate or be party to any mediation in relation to a discretionary permit

(S57A);

1.328 Authority to grant or refuse, unconditionally or subject to conditions or

restrictions, an application for a permit under the Devonport and Environs Planning

Scheme 1984 (S58);

1.329 Authority, where a permit has been granted, to include a condition that an

agreement is required to be entered into in respect of a use or development (S58A);

1.330 Approve, with or without conditions, or refuse any application of a permit made

in accordance with S57 or S59 of the Land Use Planning and Approvals Act 1993 where

there is insufficient time for Council to determine the application within the time stipulated


ITEM 11.2

in the Act and where the applicant has refused or failed to agree to an extension of time

(S57-58);

1.331 Agree to the extension of consideration times for applicants for permits in

accordance with S57(6) and S58(2) of the Land Use Planning Approvals Act 1993 (S57-58);

1.332 Where Council has been unable to determine an application for a permit as a

result of there being an equality of votes and there is insufficient time for Council to

reconsider the matter within the time stipulated in the Act, to determine the application;

1.333 Serve notice of Council having failed to determine an application for permit in

accordance with this section (S59.2);

1.334 Authority to apply to the Appeal Tribunal for an order under this section, if a

person contravenes or fails, or is likely to contravene and fail to comply with provisions of

the Devonport and Environs Planning Scheme 1984. Furthermore, the right to apply for an

order for payment of damages may be made to the Appeals Tribunal is granted.

Whereby an order has been made by the Appeal Tribunal, if the respondent fails to

comply with the order, the authority, by leave of the Appeal Tribunal, to carry out any

work contemplated by the order, and recover costs of that work from the respondent

(S64);

1.335 Authority to enter into an agreement with an owner of land in the area

covered by a planning scheme or a special planning order, or on behalf of Council or

jointly with another person (S71);

1.336 Authorise the partial or total release of bonds, guarantees and security deposits

held, pursuant to S71, upon certification that the work or things to which the bond,

guarantee or deposit relates has been satisfied in whole or partially, or to call on any

bonds and guarantees to carry out work that has not been carried out or completed to

Council’s requirement (S73).

Devonport and Environs Planning Scheme 1984

1.337 Authority, Subject to S133, 134 and 180A of the Act, to delegate any powers or

functions under this Scheme, including those powers or functions which this Scheme

requires to be exercised by resolution of the Council (S5.11);

1.338 Authorise the partial or total release of bonds, guarantees and security deposits

held, pursuant to S71, upon certification that the work or things to which the bond,

guarantee or deposit relates has been satisfied in whole or partially, or to call on any

bonds and guarantees to carry out work that has not been carried out or completed to

Council’s requirement (S73);

1.339 Recommend approval for variation to setbacks for single dwellings;

1.340 Recommend approval or refusal of applications with variations in the site

coverage for single dwellings;

1.341 Recommend approval or refusal of applications with variations to the building

envelope for single dwellings;

1.342 Recommend approval or refusal of applications with variation to front setback

and width of garages and carports for single dwellings;

1.343 Recommend approval or refusal of applications with variations to privacy for

single dwellings;


ITEM 11.2

1.344 Recommend approval or refusal of applications for frontage fences for single

dwelling.

Resource Management and Planning Appeal Tribunal Act 1993

1.345 Enter in agreements, where necessary, at a conference held on behalf of the

Resource Management and Planning Appeal Tribunal in accordance with S17 of the

Resource Management and Planning Appeal Tribunal Act 1993 (S17).

Public Health Act 1997

1.346 Delegate all powers under this Act to a qualified Environmental Health Officer;

1.347 Authority to appoint a person with approved qualifications as an Environmental

Health Officer as an Authorised Officer under this Act (S11).

Food Act 2003

1.348 Delegate all powers under this Act to a qualified Environmental Health Officer;

1.349 Authority to issue an authorised officer with a certificate of authority as an

authorised officer (S102).

Conveyancing & Law of Property Act 1884

1.350 Authority to, by declaration under its seal and endorsed on a building plan,

declare that a building comprised in the plan and erected entirely over a rivulet vests in a

person for an estate in fee simple; or where the building comprised in the plan is erected

partly over a rivulet and partly on adjoining land on one side of the rivulet, the part of the

building over the rivulet vests in the owner of the adjoining land for an estate in simple fee;

or where the building comprised in the plan is erected partly over a rivulet and partly on

land on both sides of the rivulet, the part of the building over the rivulet vests in the owner

of the adjoining lands for an estate in simple fee (S75CD).

Weed Management Act 1999

1.351 Authority to appoint a person as an inspector for the purposes of this Act, with

approval from the Secretary of the Department (S34.3);

1.352 Authority to enter and remain in any place or vehicle where there is or is

believed to be any declared weed; and search any place lawfully entered for the

presence of any declared weed; and stop and search any vehicle for the presence of

any declared weed, and open or break open and search any package in any vehicle or

place lawfully entered, subject to conditions (S38A-D);

1.353 Authority to signal or direct a person apparently in charge of any vehicle to

stop or not move the vehicle for a reasonable period (S40.1A-B);

1.354 Authority to require, in writing, that the owner of any place secure the place

(S41.1);

1.355 Authority to require a person to open or unlock any vehicle, gate or package if

it is reasonably believed that evidence of the commission of an offence under this Act

may be found (S42.1);

1.356 Authority to break open any vehicle, gate or package in the process of

searching or inspecting a place, or if it is believed that evidence of the commission of an

offence under this Act may be found (S42.2A-B);


ITEM 11.2

1.357 Authority at any reasonable time to dismantle or remove anything if it is

believed necessary to do so for the purpose of finding a declared weed, and to repair or

erect anything, tag or mark anything in a manner appropriate for the purpose of

identification (S43.1A-C);

1.358 Authority to reimburse the inspector for any reasonable costs incurred by the

inspector in exercising any power under subsection (1) (S43.2);

1.359 Authority to require a person to move, destroy or otherwise dispose of a

declared weed, or prohibit the removal, destruction or disposal of a declared weed for a

specified period (S44.1A-B);

1.360 Authority to seize and retain anything that appears to indicate that an offence

under this Act has been, is being, or is about to be committed (S45);

1.361 Authority under the Act to examine, make or print copies of, or take extracts

from, any document or record, and take any photograph, film or video recording, make

any sketch or drawing, and make any recording by any means (S46A-D);

1.362 Authority to require a person to give their full name and address (S47.1);

1.363 Authority, in the performing of any function or exercising any power, to have

someone accompany and assist the inspector, if considered appropriate (S48.1);

1.364 Authority to direct any person to remove any physical or other obstruction that

may hinder or prevent the inspector from performing any function or exercising any power

under this Act (S48.2);

1.365 Authority, in performing any function or exercising any power under this Act, to

use reasonable force necessary in the circumstances (S49).

Emergency Management Act 2006

1.366 Authority, in conjunction with one or more other Councils, to apply that the

municipal areas governed by those councils be a combined area for the purpose of the

establishment of a Municipal Emergency Management Committee in respect of the

combined area (19);

1.367 Authority on behalf of the municipal area, or in the case of a combined area

the council specified in the application made under S19, to determine the Municipal

Chairperson (S21);

1.368 Authority to nominate an employee to the Minister for appointment as the

Municipal Emergency Management Coordinator (S23);

1.369 Authority to establish and maintain, or make available, all resources and

facilities considered necessary for the management of an emergency within the

municipal area (S47).

Fire Service Act 1979

1.370 Authority to nominate a Council Officer to the Fire Management Area

Committee (S18.2B);

1.371 Authority to deal with a fire danger within the municipal area as if that fire

danger were a nuisance under the Local Government Act 1993, subject to conditions

(S49.5A-D);

1.372 Authority to make a request to the Fire Commissioner for advice and

information regarding protection from fire (S50.1);


ITEM 11.2

1.373 Authority to nominate a Council Officer to the Special Fire Area Committee if

the municipal land forms part of the Special Fire Area (S55.2);

1.374 Authority to cause the formation of fire breaks as considered necessary or

desirable to arrest the spread or to facilitate the suspension of fires within the municipal

area (S56.3);

1.375 Authority to apply to the Fire Commission for exemption of payment of the fire

service contribution levy if it is believed that the tenant is an exempt tenant, and

occupation of the land is for a benevolent, charitable or philanthropic purpose, or non-

profit community or non-profit sporting purpose (S78.4);

1.376 Authority to collect the fire service contribution from eligible rate payers, in such

a manner as deemed appropriate (S81C-D);

1.377 Authority to allow a pensioner rebate in respect of the payment of the fire

service contribution (S95).

Major Infrastructure Development Approvals Act 1999

1.378 Authority to assess and recommend approval of an application for a permit for

a use or development comprised in a major infrastructure project, subject to conditions

(S5);

1.379 Within 21 days of receiving notice of the Minister’s intention to make a

recommendation under S7.1 of the Act, authority to provide the Minister with a written

response stating whether the Council supports the proposed recommendation, and if the

Council does not support the proposed recommendation, the Council’s reasons for not

doing so (S9.1);

1.380 Authority to request that the Commission administer the planning approval

process in respect of the proposed major infrastructure project (S9.2);

1.381 If an order under S7.2, declaring a project to be a major infrastructure project is

made, authority to recommend refusal of or permit an application, and determine an

application for a permit in respect of a use or development comprised in the major

infrastructure project in such a manner as it thinks fit (S11);

1.382 Authority to determine an application for a permit in respect of a use or

development comprised in the major infrastructure project in accordance with planning

criteria established under this section (S12.1);

1.383 Authority to recommend granting of a permit to proceed with a use or

development anywhere within a corridor described in the permit (S14.8);

1.384 Authority if a major infrastructure project is to be administered by a combined

planning authority, nominate in writing to the Minister the person/s to be appointed by the

Minister to the combined planning authority as members and deputy members

representing the specified planning authority (S16).

Workers Rehabilitation and Compensation Act 1998

1.385 Authority to nominate an employee for the role of Return to Work Coordinator,

once the employee has successfully completed training or if the Work Cover Tasmania

Board is satisfied that the person has obtained a qualification or completed a training

course that is at least equivalent to the course of training approved by the Board (S143D).


ITEM 11.2

Workplace Health and Safety Act 1995

1.386 Appointed as the Responsible Officer for the organisation;

1.387 Authority to appoint a responsible officer for each workplace at which business

is carried out (S10);

1.388 Authority to establish a Health and Safety Committee if requested by the

majority of employees (S26).

Other

1.389 Sign contracts, leases and agreements on behalf of Council in accordance

with Council policies;

1.390 Act as signatory to the financial transactions of Council;

1.391 Make pro-rata refunds of registration fees for the current year only, when dogs

are de-sexed or die, based on a pro-rata basis, calculated on the unexpired complete

months of annual fees paid at the date of death or spaying;

1.392 Approve the taking over of engineering works involved in the development of a

subdivision subject to the recommendation by the appropriate Council Officer;

1.393 Authorise the total or partial release of bonds, guarantees and security deposits

subject to the recommendation by the appropriate Council Officer, or to call on any

bonds, guarantees and deposits where the work as secured has not been carried out in

accordance with Council’s requirements;

1.394 Seek legal advice and complete affidavits on behalf of Council in any matter

where the Council is a party to the legal proceedings;

1.395 Defend any actions brought against Council, its Alderman or Officers, and

agree any settlement amount where it is in Council’s interest to so do;

1.396 Approve boundary fences which exceed Council’s Corner Boundary Fence

Height Policy, where appropriate;

1.397 Subject to the provisions of any Act, to permit or refuse to permit the disposal of

waste or rubbish at a council tip, refuse or disposal site or waste transfer station.

2. Employees

2.1 Authority to appoint an Acting General Manager in the absence of the

General Manager, during periods of leave.

2.2 Under S63.1 of the Local Government Act 1993, Authority to appoint persons as

employees of the council; allocate duties to employees; control and direct employees;

and suspend or dismiss employees.

2.3 Authority under S63.2 of the Local Government Act 1993, to develop human

resource practices and procedures in accordance with policies of the council to ensure

employees of the council receive fair and equitable treatment without discrimination.

2.4 Under S64 of the Local Government Act 1993, the authority to delegate to an

employee of the council any functions or powers under this or any other Act, other than

this power of delegation; and any functions or powers delegated by the council which

the council authorized the general manager to delegate.

2.5 Authority to engage and supervise volunteers, work experience students, work

placement participants and contractors.


ITEM 11.2

2.6 Issue Certificates of Authority to authorised officers for the powers specified in

the following sections of the Food Act 2003:

Offences Relating to Food (Part 2)

Emergency Powers (Part 3)

Inspection and Seizure Powers (Part 4)

Improvement Notices and Prohibition Orders (Part 5)

Taking and Analysis of Samples (Part 6)

Notification and Registration of Food Businesses (Part 7)

Administration (Part 8)

Procedural and Evidentiary Provisions (Part 9)

Infringement Notices (Part 10)

Regulatory Provisions (Part 11)

Miscellaneous (Part 12)

Provisions with Respect to Search Warrants (Schedule 1)

Consequential Amendments (Schedule 2)

2.7 Issue Certificates of Authority to authorised officers for the powers specified in

the following sections of the Public Health Act 1997:

Entry, inspection and seizure (30)

Production of Records (32)

Production of things (33)

Production of Licence (34)

Photographs, sketches, measurements and recordings (35)

Information requirements (36)

Burial or removal of body to morgue (56)

Overcrowding (84)

Unhealthy premises (86)

Health evaluation (131)

Requirement for information (148)

Proceedings (158)

Infringement notices (169)

Sale or disposal of forfeited things (190)

Return of and access to seized things (191).

3. Purchasing

3.1 Approve expenditure within the Estimates in accordance with S74 of the Local

Government Act 1993;

3.2 Invite tenders over the prescribed amount as detailed in the Code for Tenders

and Contracts in accordance with S333a of the Local Government Act 1993;

3.3 Exercise all Council’s functions and powers with respect to the implementation

of the provisions of the Code for Tenders and Contracts, except for the authority to review

or revise the Code.

4. Miscellaneous

4.1 Authority to allow the display of a petition within a Council building, other that

those prescribed in Division 1, Sections 57-60 of the Local Government Act 1993, subject to

conditions.


ITEM 11.2

5. Other

5.1 Call for and accept quotations, tenders, auction, public notice or other means

for the disposal of surplus or redundant plant, equipment and materials;

5.2 Call for and accept tenders for the provision of goods and services for less than

the prescribed amount.

6. By-Laws

6.1 Authorised Officer under the following Council By-Laws: Car Parking By-Law 2003

Car Parking Fines Amendment By-Law

Reserves By-Law 2007

Street Trading By-Law


ITEM 11.3

11.3 Revi ew of C ouncillor Numbers

11.3 REVIEW OF COUNCILLOR NUMBERS

File: 26582 D275697




Strategy 5.3.1 Review and amend governance structure, policies and procedures

to adapt to changing circumstances

Purpose To enable Council to consider the final report by the Local Government Board into the

review of Councillor numbers.

BACKGROUND Council will recall that at its meeting held on 19 December 2011, it considered a report

advising that the Local Government Board was conducting a review of Councillor

numbers. Council resolved (vide Resolution No 387/11):

“That Council advise the Local Government Board that it wishes to be specifically

included in the Board Review of Councillor numbers.”

On 18 April 2012, the Chairperson of the Board, Mr Hadley Sides, the Director of Local

Government, Mr Mat Healey, visited Devonport to meet with Council representatives to

discuss the Review.

Four of Council’s elected members attended that meeting and a number of matters

raised verbally by Aldermen were included in a letter from Council. This letter was

circulated to Aldermen and the issues raised were:

- A lower number of elected members means a greater workload for the remaining

number;

- Cost savings of reduced elected members would be minimal especially if the

allowance for remaining members was increased as a result of additional demands.

To achieve true cost savings, the Councillor allowances should not be increased as a

result of any reduction in numbers;

- Local Government traditionally struggles to attract younger people and females,

affecting the diversity of elected members, and an increase in workload for

individual elected members would not help attract single mothers and similar

demographic profiles to contest for a role within Local Government. Greater

commitment would be required, potentially more meetings to attend, therefore

decreasing the likelihood that people working full time or supporting families with

young children would be able to undertake a role as Alderman.

- Shorter and quicker meetings would potentially be a benefit of fewer elected

members, but this would be offset by the need to attend a greater number of

meetings.


ITEM 11.3

COMMENTARY Subsequently, the Board finalised its report and submitted it to the Minister, as required by

the legislation.

The Minister has written the following letter to the Mayor:

“As you are aware, I asked the Local Government Board in September 2011 to

conduct a review of councillor numbers. Seven councils requested to be included in

the review. The Board has now provided me with its report and recommendations

and, as required by section 214 D(4) of the Local Government Act 1993, I have

attached a copy for your Council’s consideration.

The Board has recommended a reduction in the number of councillors elected to

the Central Coast, Devonport City, Glamorgan-Spring Bay, Glenorchy City,

Kingborough and Tasman Councils, and no change to the number of councillors

elected to the Break O’Day Council. The Board has also developed a Framework for

the Assessment of Councillor Numbers and recommended to me that the Framework

be used in any future review of councillor numbers.

I invite your Council to make a submission to me on any matter covered by the

report. I would be grateful if you could provide me with any such submission your

Council wishes to make by 31 August 2012, in order to enable me to make a decision

on the Board’s recommendations as soon as practicable. I have arranged for a

copy of this letter to be forwarded to the General Manager of your Council.

For your information, I have also released this report to the public at this time. The

report is available on the website of the Division of Local Government, Security and

Emergency Management within the Department of Premier and Cabinet at

www.dpac.tas.gov.au/divisions/lgd/local_government_board.

I look forward to receiving your Council’s feedback.

Yours sincerely, Bryan Green MP, Minister for Local Government”

A copy of the Report was circulated to Aldermen upon receipt and is included with this

report as an Attachment.

FINANCIAL IMPLICATIONS There are no financial implications to Council’s 2012/2013 Budget created by this Report.

RISK IMPLICATIONS Political/Governance

There may be a political risk with whatever position Council takes in relation to the

matter.

CONCLUSION The report recommends to the Minister a “Framework for the Assessment of Councillor

Numbers” to be used in any future review of Councillor numbers.

It also makes a recommendation in relation to Devonport City Council Aldermen numbers

which, if adopted, would see the number reduce from 12 to 9. This would be

implemented by a staged process with 5 elected in 2013 and 4 elected in 2015.

ATTACHMENTS

1. Local Government Report on the Review of Councillor Numbers

http://www.dpac.tas.gov.au/divisions/lgd/local_government_board


ITEM 11.3

Recommendati on

RECOMMENDATION

That Council decide whether it would like to make a submission to the Minister for Local

Government in relation to the Local Government Board Report into the Review of

Councillor numbers.

Local Government Report on the Review of Councillor Numbers ATTACHMENT [1]

ITEM 11.3


ITEM 11.4

11.4 Petiti on - North Str eet & C hal mers Lane Ar ea Resi dents

11.4 PETITION - NORTH STREET & CHALMERS LANE AREA RESIDENTS

File: 27456 D275907






Purpose To present a petition received from residents of North Street and Chalmers Lane area in

objecting to the level of increase in their rates.

BACKGROUND Mr K M Kidd of 97-99 North Street, Devonport has submitted the attached petition for

Council’s consideration. The petition contains 37 signatories and was received on 11 July

2012.

Mr Kidd submitted the following covering letter with the Petition:

“Please find attached a petition from a number of ratepayers in the North Street and

Chalmers Lane area objecting to the massive Council rate hike you have advised for

this and following years. I have been asked to submit this on their behalf.

Most of these people are elderly Devonport citizens, with only two people occupying

their residence, who are struggling to survive on a fixed and/or diminishing income.

While the value of the properties has increased over time, this has certainly not

happened to the incomes of people living on superannuation or other fixed returns.

The cost of living is currently increasing rapidly for other reasons, and the last thing

that is needed at this time, is a further unjust slug from the City Council.

We therefore implore you to take this matter back to our elected representatives

and ask them to reconsider hitting ratepayers with this 20% increase for this and

future years, and revert this year to the standard increase of 1.8% across the board.

Yours faithfully, Kay M Kidd, PO Box 1101 Devonport (On behalf of the signatories.)”

The request of the petition is as follows:

We, the undersigned group of owners living in the North Street and Chalmers Lane

area, hereby lodge a major objection to the enormous increase in rates that we

have been singled out to pay in the coming year.

Not only do we face a massive 20% increase this year but your letter says that you will

be generous enough to limit future annual increases also to an enormous 20%.

We understand that you have recently announced that the overall increase for

Devonport this next year has been contained to 1.8%.

The inequality generated by your rating system is nothing short of scandalous. We do

not get or require any more services from the Council than any other part of

Devonport, nor does it cost any more to service our residences. In fact in some ways

we do not receive the normal services supplied to other areas – say the bank


ITEM 11.4

housing area of Ronald Street for instance. They at least have concrete footpaths on

both sides of the street whereas in the high rate area of North Street we do not have

any sort of footpath on either side of the road!

We are not currently demanding footpaths but this difference and the commonality

of services should at least be recognised in rates demanded by Council.

We look forward to your early advice that our rate demands will be reduced to no

more than the standard increase of 1.8%.”

Section 57 and 58 of the Local Government Act 1993 refer specifically to the tabling of

petitions to Council are reproduced below:

”57. Petitions

(1) A person may lodge a petition with a Council by presenting it to a

councillor or the general manager.

(2) A person lodging a petition is to ensure that the petition contains –

(a) A clear and concise statement identifying the subject matter; and

(b) A heading on each page indicating the subject matter; and

(c) A brief statement on each page of the subject matter and the

action requested;

(d) A statement specifying the number of signatories; and

(e) The full printed name, address and signature of the person lodging

the petition at the end of the petition.

58. Tabling Petition

(1) A councillor who has been presented with a petition is to –

(a) Table the petition at the next ordinary meeting of the council; or

(b) Forward it to the general manager within 7 days of receiving it.

(2) A general manager who has been presented with a petition or receives a

petition under subsection (1) (b) is to table the petition at the next

ordinary meeting of the council.

(3) A petition is not to be tabled if –

(a) It does not comply with section 57; or

(b) It is defamatory; or

(c) Any action it purposes is unlawful.

(4) The general manager is to advise the lodger of the petition that if it is not

tabled the reason for not tabling it within 21 days after lodgement.”

COMMENTARY As Council is aware, in adopting its 2012/2013 Budget the decision was made to remove

the “remission” or “maximum” that has applied for a number.

This decision was taken in light of recent changes to the Local Government Act and legal

advice relating to the “remission”.

Section 129 of the Local Government Act provides the authority to grant remissions on

rates as is reproduced below:


ITEM 11.4

“129. Remission of Rates

(1) A ratepayer may apply to the Council for remission of all or part of any

rates paid or payable by the ratepayer or any penalty imposed or interest

charged under section 128.

(2) An application is to be –

(a) Made in writing; and

(b) Lodged with the general manager.

(3) A council, by absolute majority, may grant a remission of all or part of any

rates, penalty or interest paid or payable by the ratepayer.

(4) A council, by absolute majority, may grant a remission of any rates,

penalty or interest paid or payable by a class of ratepayers.

(5) The general manager is to keep a record of the details of any remission

granted under this section.”

Devonport City Council has 12,101 rateable properties and applies its General Rates and

differentials as follows:

- General Rate (includes commercial and industrial properties) 2,050 16.94%

- General Rate (Single Residential differential) 9,913 81.92%

- General Rate (Primary Production differential) 138 1.14%

For the 2011/2012 Rating Year, 445 properties (4.49 % of Single Residentials) received the

benefit of this “remission”. With the changes implemented by Council for the 2012/2013

Rating Year, this number has reduced to 236 (1.95%).

FINANCIAL IMPLICATIONS Should Council agree to the request, the effect on its 2012/2013 Budget would see a

reduction in income of $118,257.68.

RISK IMPLICATIONS Political/Governance

There could be a backlash against Council politically.

Contractual/Legal

There is a possibility that Council may be challenged legally by these residents.

Financial

There is a risk to Council’s budget as outlined in the financial implications of this

report.

Communication/Reputation

There could be negative coverage in the local media against Council and/or this

class of ratepayer.

CONCLUSION Apart from the fact that the total number of signatories was not included on the petition, it

does comply with the Local Government Act and is tabled for Council’s consideration.

Aldermen have also been made aware of similar concerns raised by other affected

ratepayers.


ITEM 11.4

ATTACHMENTS

1. Petition - Mr K M Kidd

2. Additional signatories to petition

Recommendati on

RECOMMENDATION

That the petition from residents of the North Street and Chalmers Lane area of Devonport

be received and noted.

Petition - Mr K M Kidd ATTACHMENT [1]

ITEM 11.4

Additional signatories to petition ATTACHMENT [2]

ITEM 11.4


ITEM 12.1

Customers and Community R eports

12.0 CUSTOMERS AND COMMUNITY REPORTS 12.1 Devonport Signage Strateg y - Draft

12.1 DEVONPORT SIGNAGE STRATEGY - DRAFT

File: 23456 D275195

RELEVANT PORTFOLIO Customers and Community



Strategy 2.3.3 Provide and maintain Council buildings, facilities and amenities

Purpose To present the Draft Devonport Signage Strategy to Council for endorsement prior to a

three week public consultation period.

BACKGROUND The Strategy outlines a decision-making framework and supporting design principles to

enhance signage across the Devonport municipality. Signage requirements are prioritised

over a five year period to 2017-18. This strategy applies to signage developed for Council

owned, managed or supported facilities, amenities, and services, as well as

complimentary hardcopy and e-based maps. The Strategy was developed in-house by a

team of Council officers.

COMMENTARY The Devonport Signage Strategy (Attachment 1) has been developed in response to the

need to:

Improve the consistency, readability, placement, accessibility and connectivity of

signage;

Improve the visitor’s experience and enjoyment;

Make Devonport precincts and attractions easier to navigate;

Increase and improve walking/cycling connectivity and make walking/cycling more

attractive;

Market Council owned or supported local attractions and facilities;

Improve safety in public areas; and

Prioritise investment and improve efficiencies in managing signage resources.

Five sign classifications have been identified in the Strategy to improve wayfinding and

the visitor experience across the City. Wayfinding signs help people orient themselves in a

physical space and make it easier to navigate from one place to another.

a. Major Destination signs – used for naming precincts, entry/exit points to the city,

regional attractions.

b. Minor Destination signs - indicates place of importance, local attractions.

c. Information signs (e.g. map based panel) - details facilities and services available at

both a pedestrian and motorist scale.


ITEM 12.1

d. Directional signs (e.g. finger post sign) – located at turning points and thoroughfares

for pedestrians and vehicles.

e. Interpretative signs – used to interpret natural, cultural, and historic features and

stories for places, events and venues.

A hierarchy of signs has been developed outlining when the above sign types would be

utilised.

The Strategy further contains design principles for signage, implementation guidelines as

well as an action plan prioritising the implementation of new signs across the City.

As one of the key issues regarding existing signage is the inconsistency in design and

themes, Jaffa Design was appointed through a submission process, to design a series of

branded sign templates. These templates have been designed as a series of similarly

themed signs that allowing user to recognise the sign system, improving their ability to

navigate through the city. The City’s tourism branding has also been integrated into the

signs.

To inform the development of the sign concepts, a workshop was held with

representatives from the Devonport Eastern Shore Project Special Committee, Devonport

City Focus Advisory Group, retailers and members of the general public. Proposed designs

are provided in attachment 2. Note the information content of the signs as presented is of

example only with content to be finalised as individual signs are constructed. A style

guide containing technical information of design, size, layout etc will be forwarded by

Jaffa Designs once concepts have been approved.

Should Council endorse the draft Devonport Signage Strategy and associated sign

templates, public comment will be sought for a period of three weeks prior to finalising the

documents.

FINANCIAL IMPLICATIONS In 2012/13 $50,000 has been allocated in the capital works program for new signage. The

quantity for signs installed this financial year will depend on material availability and

installation costs. To continue implementation of the Strategy, Council may consider

allocating funds each year over the next four years towards new signs.

RISK MANAGEMENT It is believed there are no risks associated with this report.

CONCLUSION The draft Devonport Signage Strategy aims to improve wayfinding in the City, enriching

the visitor experience of the City’s assets.

ATTACHMENTS

1. Devonport Signage Strategy - Draft

2. City of Devonport Signage - Design Templates - Draft

Recommendati on

RECOMMENDATION

That:


ITEM 12.1

1. Council endorse the draft Devonport Signage Strategy and sign templates and enter

into a three week consultation period; and

2. Consider allocated funds in the forward capital works program to implement priority

actions outlined in the Strategy.

Devonport Signage Strategy - Draft ATTACHMENT [1]

ITEM 12.1


ITEM 12.1

1. Overview

1.1 PURPOSE

The Devonport Signage Strategy has been developed in response to the need to:

Market Council owned or supported local attractions and facilities (promote the opportunities Devonport can provide);

Make Devonport precincts and attractions easier to navigate;

Increase and improve walking/cycling connectivity and make walking/cycling more attractive;

Improve the visitor experience and enjoyment;

Improve the consistency, legibility, placement, ease of use, accessibility/mobility and connectivity of signage;

Improve safety in public areas; and

Prioritise investment and improve efficiencies in managing signage resources.

1.2 METHODOLOGY

a. Assessment of situation including review of existing signage, strengths and weaknesses.

b. Research on past signage audits.

c. Desktop Review of existing local government signage strategies .

d. Development of deign templates for various sign types.

e. Signage workshop held with representatives from the Devonport Eastern Shore project Special Committee, Devonport City

Focus Advisory group and members of the general public, to determine sign types and locations.


ITEM 12.1

1.3 STRATEGY AREA

This strategy applies to signage developed for Council owned, managed or supported facilities, amenities, and services, as well

as complimentary hardcopy and e-based map documents accessible from mobile devices.

1.4 IMPLEMENTATION

The Strategy outlines a decision-making framework and supporting design principles to enhance signage across the Devonport

municipality. Signage requirements are prioritised over a five year period to 2017-18.

This Strategy will be reviewed every 12 months by an internal working group comprising representatives from several key

departments.

1.5 RELATED PLANS AND DOCUMENTS

Enhancing signage shall contribute towards meeting a range outcomes and goals of the Devonport Strategic Plan 2009-2030.

Goal 1. Living lightly on the environment

Goal 2. Building a unique city

Goal 3. Growing a vibrant economy

Goal 4. Building quality of life

Goal 5. Practicing excellent governance

Development of signage is to also be guided by the themes, values and actions as outlined in the following strategies.

Tourism Development Strategy 2009-2019

Devonport Cemetery Strategy

Road Network Strategy

Parking Strategy

Public Art Policy and Guidelines

Events Management Guide


ITEM 12.1

2. Existing Issues / Situation Analysis

A review of existing signage across the City has identified the following issues that this strategy seeks to address.

Inconsistency in design, themes, placement, and use of materials relevant to the location

Lack of signs especially naming facilities and directional signs

Existing sign locations without signs due to vandalism

Quantity – either too many signs or none

Visitor engagement

Lack of interpretive signs

Content may be difficult to understand for a range of audiences

Lack of appropriate consultation on new signage

Lack of links to existing strategies, policies and corporate and tourism branding

3. Sign Types and Hierarchy

Development of a series of sign types for use deepening on location and importance has been identified as an opportunity to improve

the signage network.


ITEM 12.1

3.1 SIGN TYPES

Major Destination signs - naming precincts, entry/exit to city, regional attractions

Minor Destination signs - indicates place of importance, local attractions

Information signs (eg map based panel) - details facilities and/or services available at both a pedestrian and motorist scale.

Directional signs (eg finger post sign) - for traffic, turning points and thoroughfares pedestrians, vehicles, etc

Interpretative signs - places, events and venues

Regulatory signs - official, safety, or legal, signs that usually include symbols; includes emergency signage such as fire trail markers,

temporary signage.

3.2 HIERARCHY

The following sign hierarchy guides the type of signage to be considered across categories of use.

Category 1 Category 2 Location Example Sign Type Additional

Information

Major Precinct CBD

Mersey Bluff

East Devonport

All types

Sport & Leisure Facility Major Sporting

Precinct

Don – including Aquatic Centre

Maidstone Park

Devonport Oval – including Byard Park

Devonport Recreation Centre

Minor Destination

Information

Directional (to)

Minor Sporting

Precinct

Girdlestone Park

Meercroft Park

Valley Rd

ED Recreation Centre

Minor Destination


ITEM 12.1


Information

Walking/Cycling Track Don Reserve

Kelcey Tier Greenbelt

East Devonport coastal path

Mersey Bluff

Quoiba, River Rd etc

Directional – map-

based

Name walks

Include distance/timing

Consider distance in

placement

Cultural / Heritage Trail Interpretive Name trails

Cultural Facility / Visitor

Attraction

Bass Strait Maritime Centre

Home Hill

DECC

Devonport Regional Gallery

Reg Hope Park / Julie Burgess

Minor Destination

Interpretive

Directional (to)

Heritage directional signs

are standard

Cemetery Mersey Vale Memorial Park

Devonport Cemetery

Minor Destination

Interpretive

Information

Council Facility Operations Centre

Visitor Centre

Best St

The Zone

Minor Destination

Directional (to)

Car park Major Directional

Information

As per Parking Strategy

Ticket machine signs

require updating

Minor Directional Secondary to major

attractions/destination

Reserve As per Public Open Space (POS) Hierarchy Minor Destination Number signs based on

- POS hierarchy

- usage/facilities (eg

playground equipment)

Public Amenities Directional (to)

Minor Destination

Consider use of symbols

to describe type of

amenity rather than


ITEM 12.1


Information

name

City Entry Marker Sea East Devonport Directional

Air Airport Information

Road - Major Bass Highway Major Destination Combined with public

art

Road - minor Torquay Rd

River Rd

Forth Rd

Minor Destination

Transport Interchange Major Rooke St Mall

Mersey River Ferry

Directional – map-

based

Redline?

Minor Taxi ranks Directional (to)

Community Facility Directional In accordance with

guidelines/standards


ITEM 12.1

4. Design Principles

Elements to be considered with respect to designing signage include:

4.1 PLACEMENT

Consider placement and orientation of signs based on:

their purpose in the wayfinding system–chosen through identifying trip origin/ destination points, connectivity (areas, regions

and transport) decision-making points and sightlines

the orientation and position of signs based on the conditions at each site (for example, path width, lighting, location of street

furniture and so on,) and the way pedestrians will approach them.

Ease of use - Pedestrians expect to see signs in busy areas with a lot of foot traffic, such as major intersections or near local

attractions. Such placements often attract the attention of people passing by.

Following a logical order. For example, if information panels appear on the left-hand side of the road in one area, for ease of

access, pedestrians will expect to see subsequent signs on the left.

Not disrupting the flow of foot traffic / avoiding footpath congestion. Position signs in such a way as to allow pedestrians time

and space to read and interpret them and to reduce the potential for conflict in a pedestrian thoroughfare.

Access - Position signs so that they do not interfere with the accessible paths of travel and for people with limited mobility (such

as people in wheelchairs).

4.2 SCALE AND SUITABILITY

Signage is to be compatible with the scale of the facility/amenity and existing character of the area

Relate to the use or retain identity of the facility/amenity

Signs should be designed to match the architectural character and quality of buildings or precinct


ITEM 12.1

Where associated with a heritage building, signage should be discrete and allow the architectural character to dominate

Does not dominate the character of the surrounding urban landscape

Does not compromise surrounding land uses due to size, location or use of illumination or flashing lights.

Is kept to a minimum

The signage does not obscure or compromise important views.

The visual impact on streetscape sense of place, cultural heritage and relationship to any significant public places should

further be considered.

Signs should be designed and constructed in compliance with relevant standards.

It also important to remember that signage is not an answer to poor location/marketing

4.3 GRAPHIC DESIGN

Signage should be detailed in consultation with a qualified graphic designer and follow a coherent family of themes in terms of

lettering, colours, style etc, based on the sign hierarchy.

Where appropriate signs should integrate with Council and/or city tourism branding and follow existing style guides.

Content is progressively disclosed - includes just enough information but not too much.

Design of information is consistent throughout sign system, allowing user to learn and remember how it works.

Be consistent, legible and accessible for a range of users, such as incorporating use of images and symbols.

The design of precincts / sign types should include a detailed map of sign locations and signage specifications.

4.4 ADVERTISING

Advertising will not be allowed on identification or tenant signs, only the name and/or logo of the tenant, and on direction signs

only the directional message. The advertising of goods or services is not supported.


ITEM 12.1

4.5 LIGHTING

For signs required to operate at night, consider placing sign near an existing light source, or incorporating lighting into the sign

design. All signage should be designed to minimise glare and light spill. Use of energy efficient lighting is encouraged.

4.6 SAFETY

Ensure signs do not present a hazard. Where appropriate, incorporate safety information in sign content.

4.7 COMMUNITY ENGAGEMENT

Communication and/or consultation on some signage may be required with relevant Council and community stakeholders in

accordance with Council’s Community Engagement Policy.

Signage Requests

Requests for signs on Council owned or leased land should be made to Council in writing and demonstrate compliance with the

principles outlined in this strategy. Requests made by businesses, organisations, Council staff and elected members will be assessed

against the Strategy. Depending on the scale and complexity of the suggested signage project, a final decision will be made by

Council.

Signage/planning requirements


ITEM 12.1

5. Implementation

5.1 MATERIALS

A range of materials can be used for sign production. The following should be considered in material selection.

Durability in various weather and pollution conditions

Vandalism – resistance to vandalism and graffiti, or ease and expense to repair or replace

Material availability

Installation and maintenance ease

Production source – signs and design work should be sourced in accordance with Council’s Code for Tenders and Contracts

Cost – consider savings made from larger orders

Longevity – choose materials based on how regularly the content will need to be updated

5.2 DOCUMENTING SIGNAGE

A signage database will be established to include the following information for each sign system.

Details of the sign family – sizes, finishes and branding

Supporting design details – look and feel, layout, branding, and so on

A content guide – describing the details for each sign in the system

A legibility guide – setting out graphic standards and compliance, as well as identifying what pedestrians need from

wayfinding signage

A placement policy – detailing the logic/method of signage locations and positioning


ITEM 12.1

Evaluation, inspection and maintenance schedule – outlining who will take responsibility for maintaining the signs, a cleaning

schedule, repairs and replacement/updating schedule

References to other signage policies and standards

Health and safety issues

6. Action Plan

The following actions are to be completed by 2015-16.

Action Priority Category Sign Type Additional

Information

Responsibility Resources Required

Mersey Bluff Precinct

Surf Club & plaza

Maritime Museum

High Major Precinct Destination

Directional

(pedestrians)

Information

Pedestrian

points/maps

Amenities

Entry to caravan

park overhaul

Devonport Maritime &

Heritage Authority

East Devonport

High Major Precinct Destination

Directional

Amenities

“The Village”

Key signage just

past Tarleton /

off ramp lights –

attraction

Devonport Eastern Shore

Project Special

Committee - CONSULT

Home Hill

High Cultural Facility /

Visitor Attraction

Minor Destination

(Entry)

Enticing into the

facility

Entry point

Home Hill

Redevelopment

Committee - CONSULT

Public Amenities High Public Amenities Directional

Information

Showers

Family Friendly -


ITEM 12.1


Information


Breast feeding,

nappy change,

etc

CBD Medium Major Precinct Directional

(Pedestrian maps)

Interpretive

Amenities

Review “No Go”

signs

Conduct audit

of historical

buildings

Julie Burgess – Reg

Hope Park

medium Cultural Facility /

Visitor Attraction

Minor Destination

Interpretive

Directional (traffic)

Julie Burgess Trust

Special Committee -

CONSULT

Walking & Cycling

paths as per

cycling/pedestrian

Medium

Car parking

Visitor Information

Signage on highway

(Tracey Bruce)

City Entry Signs High

City Entry Markers Low

Devonport

Cemeteries Check

plan

Develop and

conduct audit of

signage

City Infrastructure

In partnership with

relevant Council

Departments

Existing operational

Cost?


ITEM 12.1


Information


Removal of

redundant signs City Infrastructure /

Operations Centre

Existing operational

Cost?

Develop signage

database with new

signage

City Infrastructure Existing operational

Cost?

Resources Required The level of existing or additional human or financial resources required. Existing operational refers to inclusion

in operational budget. Future operational allocation would require consideration in future budgets. Includes

costs:

Low (<$5000),

Medium ($5,000 – $20,000)

High (>$20,000).

Actions with initial high costs are expected to reduce costs in the long-term.

6.1 EVALUATION

City of Devonport Signage - Design Templates - Draft ATTACHMENT [2]

ITEM 12.1

City of Devonport Signage – Design Templates DRAFT

Information Sign (map-based panel)


ITEM 12.1

Contents



ITEM 12.1



ITEM 12.1

Major Destination Sign combined with Information Sign


ITEM 12.1

Destination Sign combined with Information Sign


ITEM 12.1

Major or Minor Destination Sign


ITEM 12.1

Interpretive Sign


ITEM 12.1

Directional Sign


ITEM 12.2

12.2 MINUTES OF C ONTROLLING AUTH ORIT IES, WORKING GROU PS AN D SPECIAL C OMMITTEE MEETIN GS

12.2 MINUTES OF CONTROLLING AUTHORITIES, WORKING GROUPS AND

SPECIAL COMMITTEE MEETINGS

File: 27670 D275383




Strategy 5.3.4 Ensure effective administration and operation of Council’s

committees

Purpose To present the minutes of Controlling Authorities, Working Groups and Special Committee

meetings managed by the Community Services Portfolio of Council.

BACKGROUND The relevant information specific to each Controlling Authority, Working Group and

Special Committee is outlined in individual reports.

COMMENTARY The Minutes of the following Committee meetings are attached:

Devonport Regional Gallery [File 25877]

Devonport Recreation Centre Special Committee [File 26555]

Maidstone Park Management Controlling Authority [File 26588]

Community Safety Liaison Group [File 26330]

The Julie Burgess Trust Special Committee [26965]

Devonport Oval Special Advisory Committee [27145]

The Julie Burgess Trust Special Committee [26965]

FINANCIAL IMPLICATIONS The financial implications are outlined in individual reports and all are in accordance with

existing budgets.


CONCLUSION The Controlling Authorities, Working Groups and Special Committees will continue to meet

and provide Council with information and recommendations for community facilities and

services.

ATTACHMENTS

1. Unconfirmed Minutes - Devonport Regional Gallery Special Committee - 18

July 2012 - File 25877

2. Unconfirmed Minutes - Devonport Recreation Centre Special Committee 11

July 2012 - File 26555


ITEM 12.2

3. Unconfirmed Minutes - Maidstone Park Management Controlling Authority -28

June 2012 - File 26588

4. Unconfirmed Minutes - Community Safety Liaison Group - 5 July 2012 - File

26330

5. Confirmed Minutes - The Julie Burgess Trust Special Committee - 12 June 2012

- File 26965

6. Unconfirmed Minutes - Devonport Oval Special Advisory Committee - 24 July

2012 - File 27145

7. Unconfirmed Minutes - The Julie Burgess Trust Special Committee - 17 July 2012

- File 26965

Recommendati on

RECOMMENDATION

That:

1. The Combined Minutes of Controlling Authorities, Working Groups and Special

Committees be received and noted;

2. The revised Art Collection Policy be adopted;

3. Graham Kent be appointed Master of the Ketch Julie Burgess.

Unconfirmed Minutes - Devonport Regional Gallery Special Committee - 18

July 2012 - File 25877

ATTACHMENT [1]

ITEM 12.2

UNCONFIRMED MINUTES – DEVONPORT REGIONAL GALLERY SPECIAL

COMMITTEE – 18 JULY 2012

RELEVANT PORTFOLIO Customers & Community

PURPOSE To present the unconfirmed minutes of the Devonport Regional Gallery Special

Committee meeting held 18 July 2012.

BACKGROUND Special Committee meetings are held every two months at the Gallery.

RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030:

Strategy 4.2.4 Cultural facilities and programs are well planned with increased

accessibility and sustainability, active engagement and strong

participation for the benefit of the current and future generations.

COMMENTARY The unconfirmed minutes of the Devonport Regional Gallery Special Committee meeting

held 18 July 2012 are attached for Aldermen’s information.

FINANCIAL IMPLICATIONS In accordance with existing budget

CONCLUSION The Devonport Regional Gallery Special Advisory Committee will meet again on 29 August

2012.


July 2012 - File 25877

ATTACHMENT [1]

ITEM 12.2

MINUTES OF THE DEVONPORT REGIONAL GALLERY SPECIAL COMMITTEE MEETING

HELD AT THE COUNCIL COMMITTEE ROOMS

ON 18 JULY 2012 COMMENCING AT 5:30PM

PRESENT

Committee Members

Josephine Kelly

Ald Cole

Ald Hollister

Adam Gowans

Vivienne Breheney

Katrine Elliott

Council Officers

Carol Bryant Sustainable Communities Manager

Astrid Joyce Education and Public Programs Officer

APOLOGIES

Ald Jarman

Belinda Gunson

Alister McCrae (absent)

Ellie Ray

1.0 CONFIRMATION OF PREVIOUS MINUTES

The Committee recommends to Council that the Minutes of the Devonport Regional

Gallery Special Committee meeting held 9 May 2012 be received and noted.

Ald Hollister/V. Breheney CARRIED

2.0 MATTERS ARISING FROM PREVIOUS MINUTES

Nil.

3.0 CORRESPONDENCE

4.1 Inward: Resignation from Jason Purdie.

4.2 Outward: Nil

CARRIED

4.0 GALLERY REPORT

The Gallery Education and Public Programs Officer tabled the Gallery Report. The

Report was accepted by the Committee.

Ald Cole/V. Breheney CARRIED

5.0 GENERAL BUSINESS

5.1 Tidal

Entries are coming in more frequently now for the Tidal Award with only two

weeks to go until the closing date. A final reminder will be sent to artists and

galleries this week with advertising still prominent in major art publications. The

judges will conduct the pre-selection in mid August and finalist artists will be

announced at the end of August. Staff are also developing public programs.

5.2 Collection Policy

Minor amendments were made to the Art Collection Policy.


July 2012 - File 25877

ATTACHMENT [1]

ITEM 12.2

The Committee recommends to Council the Art Collection Policy with agreed

amendments be adopted.

Ald Hollister/A. Gowans CARRIED

5.3 Gallery Marketing

The collated results of the visitor survey conducted by Gallery Staff in 2011 were

tabled. Based on these results, the Committee brainstormed a range of

marketing ideas to improve Gallery visitation.

6.0 OTHER BUSINESS

6.1 Capital Works

As part of the 2012/13 capital works program Council has committed funds to

an upgrade of the Gallery kitchen and painting racks for the art storage facility.

6.2 Committee Member Resignation

Jason Purdie has submitted his resignation from the Committee. Members are

asked to consider possible replacement including skills required.

7.0 NEXT MEETING

Wednesday, 29 August 2012 at 5:30pm at the Gallery.

Meeting Closed at 6:56pm


July 2012 - File 25877

ATTACHMENT [1]

ITEM 12.2

Unconfirmed Minutes - Devonport Recreation Centre Special Committee 11

July 2012 - File 26555

ATTACHMENT [2]

ITEM 12.2

UNCONFIRMED MINUTES – DEVONPORT RECREATION CENTRE SPECIAL

COMMITTEE – 11 JULY 2012


PURPOSE To present the unconfirmed minutes of the Devonport Recreation Centre Special

Committee meeting held 11 July 2012.

BACKGROUND Minutes provided as per Committee terms of reference and reporting requirements.


Strategy 4.1.6 Encourage multi use of open space and recreation facilities and

ensure the terms and conditions of any licences or user agreements

achieve a positive outcome for the Community.

Strategy 5.3.4 Ensure effective administration and operation of Council’s

committees.

COMMENTARY The minutes of the Devonport Recreation Centre Special Committee meeting held 11 July

2012 are attached for the Alderman’s information.

FINANCIAL IMPLICATIONS In accordance with the existing budget.

CONCLUSION The next meeting will be held on Tuesday 14 August 2012.


July 2012 - File 26555

ATTACHMENT [2]

ITEM 12.2

MINUTES OF THE DEVONPORT RECREATION CENTRE SPECIAL COMMITTEE

HELD IN THE COUNCIL CHAMBERS

ON WEDNESDAY 11 JULY 2012 COMMENCING AT 5.15PM

PRESENT

Committee Members

Matthew Cock Chairman

Rick Forth Independent

Kate Beer Devonport Community House

David Cole Independent

Ken Mason Table Tennis

Bruce Robinson Independent

Council Officers

Fabio Pizzirani Sports & Recreation Coordinator (SRC)

Sam Lawrence Sports and Leisure Officer (SLO)

APOLOGIES

Ald Leon Perry

Ald Justine Keay

Bob Jago Deputy Chairman

Kim Robinson Basketball


The Committee recommends to Council that the minutes of the previous meeting be

received and noted.

D. Cole/R. Forth CARRIED

2.0 BUSINESS ARISING FROM PREVIOUS MINUTES

2.1 Strategic Sport and Recreation Special Committee (SSRSC)

Council’s decision to form a Strategic Sport and Recreation Special Committee

was discussed. The Committee recommends to Council that a representative

from the Devonport Recreation Centre Special Committee be included on the

SSRSC.

B. Robinson/R. Forth CARRIED

2.2 Annual Budgeting

Annual Budgeting – SRC to report on 2013 budgets next meeting.

2.3 Accommodation Units

K Robinson to provide the committee with an update next meeting.

3.0 CORRESPONDENCE

Nil

4.0 CLUB REPORTS

4.1 Basketball

Senior roster has now finished until September.

NWBU Finals started on 10 July and run until 28 July 2012.

4.2 Squash

Currently having a break from pennant, finished two weeks ago.


July 2012 - File 26555

ATTACHMENT [2]

ITEM 12.2

Next roster starts mid September.

National Junior Squash Tournament relocated from Devonport to Hobart.

4.3 Table Tennis

Pleased with move to courts 6, 7 and 8.

Good participation numbers - 36 players in roster.

4.4 Gymnastics

SRC to send invitation to the new President, Pauline Dittmann to join the

Committee.

4.5 The Playhouse

Kate Beer reported that the large sign on the outside wall has been

removed and there has been a general clean up of the Playhouse.

On the 24th of August there will be a music evening in the Playhouse.

The Playhouse is experiencing an increase in the number of volunteers at

the Centre.

The Playhouse has been branching out into the community with several

new functions.

5.0 FINANCIAL REPORT

The Financial Report will be presented by SRC at the August meeting.

Action:

SRC will forward a list of fees and charges to all users.

6.0 RECREATION OFFICERS REPORT

SLO presented the Recreation Centre report for June.


7.1 PA System

SRC advised the Committee that Council’s Sound Technician has checked the

PA system in the stadium as requested and has replaced the microphone and

removed several old speakers. This has improved the quality of sound in the

stadium.

7.2 Lighting

SRC advised the Committee that $30,000 has been allocated in the 2012/3

budget to fix the lighting issues in the Youth Centre and Basketball Stadium.

7.3 Recreation Centre

Rick Forth advised that work on the doors to squash courts 6, 7 and 8 is almost

complete. Cost of the doors was $800. The Squash Club will pay half the cost.

7.4 Table Tennis usage of squash courts

Ken Mason reported that as a result of the additional space in the squash

courts, 6 extra players are able to play table tennis which would normally have

been turned away. Ken thanked the Squash Club.

7.5 Electrical Equipment

As a result of a recent electrical incident involving a Council staff member, the

SRC advised all clubs to ensure their electrical equipment has been tested and

tagged.


July 2012 - File 26555

ATTACHMENT [2]

ITEM 12.2

8.0 NEXT MEETING

Tuesday, 14 August 2012 at 5.15pm in Council Chambers.

Meeting closed: 6.15pm

Unconfirmed Minutes - Maidstone Park Management Controlling Authority -

28 June 2012 - File 26588

ATTACHMENT [3]

ITEM 12.2

UNCONFIRMED MINUTES – MAIDSTONE PARK MANAGEMENT

CONTROLLING AUTHORITY – 28 JUNE 2012


PURPOSE To present to the unconfirmed minutes of the Maidstone Park Controlling Authority

meeting held 28 June 2012.



Strategy 4.1.1 Provide and promote appropriate sport, recreation and leisure

facilities and programs to meet the changing needs of the

community

Strategy 4.1.7 Ensure community involvement in planning recreational facilities

COMMENTARY The unconfirmed minutes of the Maidstone Park Controlling Authority meeting held 28

June 2012 are attached for Aldermen’s information.

FINANCIAL IMPLICATIONS In accordance with existing budget.

CONCLUSION The next meeting date is yet to be advised.

Unconfirmed Minutes - Maidstone Park Management Controlling Authority -

28 June 2012 - File 26588

ATTACHMENT [3]

ITEM 12.2

Unconfirmed Minutes - Community Safety Liaison Group - 5 July 2012 - File

26330

ATTACHMENT [4]

ITEM 12.2

UNCONFIRMED MINUTES – COMMUNITY SAFETY LIAISON GROUP – 5 JULY

2012


PURPOSE To present the unconfirmed minutes of the Devonport Community Safety Liaison Group

meeting held 5 July 2012.



Strategy 4.4.3 Support activities that encourage safe and responsible community

behaviour.

Strategy 4.4.6 Facilitate and support a partnership approach to community safety.

COMMENTARY The unconfirmed minutes of the Devonport Community Safety Liaison Committee meeting

held on 5 July 2012 are attached for Aldermen’s information.

FINANCIAL IMPLICATIONS In accordance with existing budget.

CONCLUSION The Community Services Division will continue to facilitate a multi-stakeholder planning

process with the aim to generate improvements in the delivery of family and children’s

services.


26330

ATTACHMENT [4]

ITEM 12.2

MINUTES OF THE COMMUNITY SAFETY LIAISON GROUP

HELD IN THE COUNCIL COMMITTEE ROOMS

ON THURSDAY 5 JULY 2012 COMMENCING AT 3.30PM

PRESENT

Committee Members

Mayor Steve Martin Chair

Ald Lynn Laycock

Ald Justine Keay

Ald Alison Jarman

Inspector Adrian Shadbolt Tas Police

Toni Muir St Vincent de Paul

Darren Bell Retail Security

Kate Beer Devonport Community House

Rod Stagg R&J Publishing

Louise Maynard DIER

Rachel Coulson DIER

Paul Hill Tas Fire

Council Officers

Lester Jackson Community Partnerships Manager (CPM)

Charmane Sheehan Community Development Officer (CDO)

Karen Stone Risk Management Coordinator (RMC)

Sarah Masters Community Services Administration Officer (CSAO)

APOLOGIES

Mark Cadle Goodstone/Devonport-Latrobe Liquor Accord

Carol Bryant Sustainable Communities Manager (SCM)

Julie Milnes DHHS

Christine Collins DHHS

INTRODUCTION

Mayor Steve Martin introduced Kay Kidd. Kay has been on the RACT North West Regional

Advisory Committee for 12 years. He is also involved with the Rotary Youth Driver Program.


The Committee recommends to Council that the minutes of the meeting held 3 May

2012 be received and noted.

A. Shadbolt/Ald Laycock CARRIED

2.0 REPORT ON ITEMS FROM PREVIOUS MINUTES

2.1 Lights at the Bluff

The lights at the Bluff were fixed on 4 May and are now working.

2.2 Traffic Committee Issues

Parking and access to Wenvoe Street and Formby Road following

completion of the new police station. Insp Shadbolt has met with Randall

Stott and Simon Witt about this issue.

Pedestrian crossing at Fourways being dangerous to cross. This was noted

by the Traffic Committee and had been considered previously. This will be

left on the agenda for future meetings.


26330

ATTACHMENT [4]

ITEM 12.2

School Crossing near Reece High School and Community Garden on

William Street, bank up of traffic. The Traffic Committee have passed this

issue on to DIER.

Diversion into Charles Street, sign may be needed to indicate 50kph zone.

The road rules on residential streets state that it is 50kph unless signed

otherwise. It was decided that no sign is required.

2.3 Chichester Drive

Kate Beer sent CPM an email requesting yellow line in Chichester Drive be

remarked .

Action:

CPM to follow up.

2.4 Community Safety Information Booklet

One meeting has been held. A number of items were highlighted that should

be included in the booklet. The information included in the booklet will also be

added to the Council website. The majority of the work will be done in house,

however printing will probably be outsourced. Investigating options for funding

for the printing.

Action:

CPM to talk to Rod Stagg re printing.

2.5 Driver Education at Steele Street Crossings

Julie Milnes suggested (via email) making drivers aware of the stickers which

are being put on the traffic light poles advising pedestrians as to the rules

around crossing at traffic signals. Drivers need to be educated as well as

pedestrians, maybe via an advertisement. CPM suggested that a sign could

be placed inside the health centre to suggest crossing at the bottom where

there is only a 2 carriage way. CPM advised that Council will be working on

that intersection in 2012/13 and may be looking at a different option.

Action:

CPM to talk to Louise Maynard/Rachel Coulson regarding driver

education. CPM to also talk to Julie Milne and Tony Brown regarding sign

in health centre.

3.0 FURTHER BUSINESS ARISING FROM PREVIOUS MINUTES

Nil.

4.0 REPORTS

4.1 Liquor Accord

The Liquor Accord is working on a new advertising campaign targeting public

order. Kentish Municipality was represented at the last meeting and would like

to become part of the Accord. Nicholas Dodd received a list of details of the

Kentish licensees and is contacting them. Central Coast maybe coming on

board too and therefore the Accord may need to be renamed to include all

the areas covered. CPM suggested Mersey-Leven. Membership renewals

have been sent out and the response is good.

4.2 CCTV

The first stage, of updating the existing cameras has now been completed.

Stage 2, the installation of new cameras, should be completed tomorrow night


26330

ATTACHMENT [4]

ITEM 12.2

or very soon thereafter. There is a delay with Aurora connecting power for the

cameras but this should be rectified by the middle of August. Three reports

have been submitted to the Federal Government as per the requirements of

the Funding Agreement and all have been accepted. The final report and

acquittal are due by December 2012.

4.3 Risk

Ald Jarman raised the issue of the pedestrian refuge on William Street. Louise

Maynard advised that this issue was being dealt with by the Traffic Committee.

4.4 Agreed Items for Traffic Committee

The following items are to be taken to the Traffic Committee for consideration:

The intersection of Fenton Street and Stewart Street. There was an

accident on Wednesday and this intersection is becoming an issue.

Warning signs for Forth Road when there is wet red mud on the roads from

tractors etc.

5.0 FURTHER REPORTS FROM MEMBERS

5.1 Tasmanian Police

Overall offences are down from this time last year and clearances are being

met. Good reduction in stolen motor vehicles. The message to lock cars is

getting through. In relation to the budget cuts, Tas Police are committed to

maintaining front line services as a priority. There will be no cut backs from front

line service, only in support.

5.2 Devonport Community House

Kate Beer advised that there has been some damage at the Community

Garden. Some children stole knives and a fuel can. The police become

involved, however a father of one of the children returned all the items. Kate

asked whether the police would be able to work with children after school.

Insp Shadbolt will mention this to the Constable that works with Kommunity Kids.

5.3 DIER

The North West Learning Mentor Program has now commenced in Burnie.

Hopefully this will branch out to other suburbs in time. This program helps

learner drivers to achieve their 50 hours experience. Louise introduced Rachel

Coulson as the new safety consultant from DIER. This was Louise’s last

Community Safety Liaison Group Meeting. Louise thanked Lester and Insp

Shadbolt and she believes a lot of good things are happening in Devonport.

5.4 Retail Security

Overall Devonport is quiet at the moment. Armed hold ups are increasing

throughout the state. Darren Bell provided a suspect information sheet.

The super trawler is due in Devonport in August. They are expecting many

protestors at this time. Security will be high with 40-50 security guards being in

attendance each night for approximately 3 months. There will be a high media

interest around this.

The Wolfe Brothers are playing Molly Malones on 16 August. This drew a large

crowd last time and will again.


26330

ATTACHMENT [4]

ITEM 12.2


Ald Keay believes there needs to be more awareness to put headlights on especially

at dusk.

Action:

Mayor Steve Martin will promote this in his next Mayor’s Message and on radio.

Ald Jarman raised the issue of defensive driver courses and queried whether these

courses could be subsidised. Kay Kidd advised that the Rotary Youth Driver Program

is part of the education curriculum and is free for young drivers.

CDO and CPM thanked Louise for all her work.

The Mayor thanked Louise on behalf of Council for all her advice and support on the

Committee.

7.0 NEXT MEETING

Thursday 6 September 2012 commencing at 3.30pm


Confirmed Minutes - The Julie Burgess Trust Special Committee - 12 June

2012 - File 26965

ATTACHMENT [5]

ITEM 12.2

CONFIRMED MINUTES OF MEETING – THE JULIE BURGESS TRUST SPECIAL

COMMITTEE -12 JUNE 2012


PURPOSE To present minutes of The Julie Burgess Trust Special Committee meeting held on 12 June

2012.

BACKGROUND At its meeting on 20 April 2009 Council resolved (Res No 149/09) that Council establish a

special committee to be known as “The Julie Burgess Trust” in order that the trust may

acquire the vessel and undertake restoration and refurbishment of a vessel that is both

unique in Australia and represents the early maritime history of the Mersey River and the

City of Devonport.

Representation on the Committee includes Aldermen Kent and Goodwin, community

representatives Ian Martin, Tim Gott, David Kent and Peter Higgins, Cradle Coast Authority

representative Ian Waller, the Assistant General Manager, Customers & Community,

Evonne Ewins and Council Officers.


Strategy 4.2.4 Acknowledge, preserve and celebrate local art, culture and

heritage, including indigenous art and culture.




Strategy 5.2.4 Encourage and support continuous, self-renewing efforts by the

community to engage in collective action that results in improving

lives, increasing equity, and produces strengthened organisations,

relationships and community well-being.

COMMENTARY The Minutes of The Julie Burgess Trust Special Committee meeting held on 12 June 2012

are attached for Aldermen’s information.

FINANCIAL IMPLICATIONS It is anticipated that Council’s involvement in this trust will be limited to acting as custodian

of the vessel and the disbursement of trust funds from time to time. It should be noted that

an in-kind contribution of staff time in the development and administration of the project is

absorbed in the Community Services Divisional budget.

CONCLUSION The Julie Burgess Trust Special Committee will continue to meet and guide the restoration

of the Julie Burgess Ketch.


2012 - File 26965

ATTACHMENT [5]

ITEM 12.2

MINUTES OF THE JULIE BURGESS TRUST SPECIAL COMMITTEE

HELD AT THE DEVONPORT CITY INTERNAL MEETING ROOM

ON TUESDAY 12 JUNE 2012 COMMENCING AT 5PM

PRESENT

Committee Members

Peter Higgins Chairman

Ald Graham Kent Devonport City Council

Ian Martin Community Member

David Kent Community Member

Council Officers

Margaret Griggs Project Officer


APOLOGIES

Ald Grant Goodwin Devonport City Council

Tim Gott Community Member

Evonne Ewins Assistant General Manager Customers and Community

(AGMCC)


The Committee recommends to Council that the previous minutes of the meeting

held 8 May 2012 be received and noted.

I. Martin/ G. Kent CARRIED


2.1 Booklet – contacts.

Draft booklet received. Committee members thought that the map size was

fine. The acknowledgement of committee members is still to be included. ISBN

has been progressed. The final copy will need to be reviewed by E. Ewins and

governance.

2.2 Signage.

Design will now be done through JAFFA to ensure consistency with other city

signage and link with Bass Strait Maritime Centre.


3.1 Conservation.

No progress to report.

3.2 Restoration Plan.

a) Fit Out. Water tanks are going back.

b) Ballast. Marine Surveyor is working on calculations but it does not appear

that we will need much more.

c) Electrics. 80% complete, only the galley to go. I. Martin to contact G. Rand

to go through plans.

d) Maintenance Schedule. There is a section contained within the

Operations Manual which can be added to or amended.

e) Operations Manual. Draft operational manual has been completed by P.

Higgins. Pontoon still to be added.


2012 - File 26965

ATTACHMENT [5]

ITEM 12.2

f) Survey Requirements. Ready for survey 13 June. Radar faulty but still under

warranty and being returned to manufacturer. It is not mandatory for

survey. Waiting on stability book. Currently approved to operate under

power, once stability book received approval will be given to operate

under sail.

3.3 Marketing Strategy/Business Plan

3.3.1 Jaffa Interpretation/Groupwork Pty. Ltd.

L. Kelly from JAFFA has provided information around sponsorship for the

Bass Strait Maritime centre. He is meeting with the volunteers tomorrow for

his second information session.

3.4 Julie Burgess Project Coordination

3.4.1 Financials.

Verbal report was given and a copy of financials will be sent out

tomorrow. Volunteers will be doing the rest of the work. No purchases are

to be made without a purchase order. Nubco recurrent purchase order to

be cancelled. Need to look for sponsor for paint and ropes.

3.4.2 Crew.

Three people have completed the Elements of Shipboard Safety at the

Australian Maritime College and three more are ready for the next course.

3.4.3 Volunteers.

Project Officer is organising a function to be held at the ketch on Saturday

30 June, weather permitting, for volunteers to come and view the vessel.

Light refreshments will be available.

3.4.4 Employment Strategies.

Project Officer is currently working with JSAs re opportunity to work with

Fairbrother Pty. Ltd. on the construction site of the Interpretive Centre.

3.4.5 Pontoon.

I. Martin to assist the Project Officer with the final draft of asset

documentation.

3.4.6 Partnership with Maritime Museum.

CPM reported that a letter had been received from the Devonport

Maritime and Heritage Authority advising that the recommendation for a

sub-committee for the Julie Burgess Operations had been put to Council

and approved. The Terms of Reference for a sub-committee have been

drafted and will go to the Devonport Maritime and Heritage Authority for

consideration.

3.4.7 Incorporation.


3.4.8 Publicity.

a) General:

Project Officer advised members that publicity was also now through

Devonport City Council social media – Facebook and Speak Up

Devonport. CPM proposed that A. Morath be invited to next meeting

to give an overview of Devonport City Council’s Social Media.


2012 - File 26965

ATTACHMENT [5]

ITEM 12.2

b) Documentary:

MGN Productions are almost finished, will do some more when sails

are used.

3.4.9 Website.

Enquiries continue to come through.

3.4.10 Support/Thank you Letters.

None required.

3.4.11 History.

Discussed under business arising item 2.1.

3.4.12 Other Funding.


3.4.13 Funding Agreement Milestones.

3.3.13.1 Sailings

Working towards two commercial sailings at the end of the

month. DEEWR representatives and Devonport City Council Risk

Coordinator to be included. TS Mersey Naval Cadets trips

organised for 23/24 June 2012.

3.3.13.2 Reports

Project Officer is working on final reports as per timeframes

specified by DEEWR.

4.0 OTHER BUSINESS

4.1 Australian Sail Training Association (AUSTA).

Members agreed that membership of AUSTA be progressed but to check

details of Tasmanian Sail Training Association first and see how that fits in.

4.2 Australian Wooden Boat Festival (AWBF).

Visited 5 June 2012. AWBF nominated Franklin Warf for Julie Burgess and

marquees. Acceptance of the nominated site has been confirmed via email.

4.3 Formalise Skipper of Vessel.

Members discussed crew structure and agreed that the skipper be known as

the Master of the vessel. Master of the Julie Burgess is G. Kent and the

Boatswain will be appointed on the day by the Master of the vessel.

5.0 AGENDA ITEMS FOR NEXT MEETING

Nil

6.0 NEXT MEETING

Tuesday 17 July at 5pm at the Devonport City Council Internal Meeting Room.

Meeting closed at 7.15pm.

Unconfirmed Minutes - Devonport Oval Special Advisory Committee - 24

July 2012 - File 27145

ATTACHMENT [6]

ITEM 12.2

UNCONFIRMED MINUTES – DEVONPORT OVAL SPECIAL ADVISORY

COMMITTEE – 24 JULY 2012 [FILE 27145]


PURPOSE To present the unconfirmed minutes of the Devonport Oval Special Advisory Committee

meeting held 24 July 2012.



Strategy 4.1.1 Provide and promote appropriate sport, recreation and leisure

facilities and programs to meet the changing needs of the

community

Strategy 4.1.7 Ensure community involvement in planning recreational facilities

COMMENTARY The unconfirmed minutes of the Devonport Oval Special Advisory Committee meeting

held on 24 July 2012 are attached for Aldermen’s information.

FINANCIAL IMPLICATIONS In accordance with the existing budget.

CONCLUSION The next meeting of the Devonport Oval Special Advisory Committee will be held on

Tuesday 18 September 2012.


July 2012 - File 27145

ATTACHMENT [6]

ITEM 12.2

MINUTES OF THE DEVONPORT OVAL SPECIAL ADVISORY COMMITTEE

HELD IN THE COUNCIL COMMITTEE ROOMS

ON TUESDAY 24 JULY 2012 COMMENCING AT 5.30PM

PRESENT

Committee Members

Ald Lynn Laycock Chair

David Mullett Devonport Cricket Club

Mike Kelly Devonport Cricket Club

Mark Fagan Devonport Football Club

Bob Marshall Devonport Athletics Club

Raelene Smith Mersey Valley Devonport Cycling Club

Council Officers

Stuart Jones Marketing, Tourism & Recreation Manager (MTRM)

Fabio Pizzirani Sport & Recreation Coordinator (SRC)

Kylie Lunson Operations Manager (OM)

Sarah Masters Community Services Administration Officer

APOLOGIES

Nil



held 19 June 2012 be received and noted.

F. Pizzirani/K. Lunson CARRIED


2.1 Sponsorship

MTRM advised that the sponsorship template is almost finalised. Clubs will be

consulted so there will be no conflict of sponsors between sports and their

respective leagues.

2.2 Strategic Sport and Recreation Special Committee

Expressions of Interest closed on 20 July 2012. More details should be known by

the end of this week. The EOIs received were of a high caliber. The Terms of

Reference, Purpose of the Committee and Meeting Frequency will be finalised

soon. There will now only be an Alderman from each sporting precinct on the

Committee, not all Aldermen as previously advised. MTRM advised that the

Committee will provide high level advice in regards to the long term financial

plan of Council. The Committee will prioritise projects, make decisions and

recommendations to Council.

3.0 CLUB REPORTS

3.1 Devonport Athletic Club

Have had their AGM. Bob Marshall asked what the functions of the new

scoreboard will be. OM advised that the new scoreboard will have the same

level of service as the previous scoreboard when it was fully functional.


July 2012 - File 27145

ATTACHMENT [6]

ITEM 12.2

3.2 Devonport Cricket Club

Currently out of season. The AGM is being held on Friday, 27 July 2012 during

which a new board will be elected. The club is currently looking at recruitment.

3.3 Mersey Valley Devonport Cycling Club

The agreement with the Cradle Coast Club is working well, it has made the club

stronger. Their club rooms have undergone renovations. Indoor sessions have

commenced for winter. “Come and Try Cycle” will commence on 6 October

2012 for 6 weeks. Bikes are available to hire and children are given a free

licence for a year. The parents only need to provide a helmet. The Club is

currently applying for grants to upgrade bikes. On 18 and 19 August 2012 the

Cycling Tasmania Training Camp will commence. This is a statewide road

training camp. Four accredited coaches will be involved. This camp will be

incorporated into State training. It will finish with a BBQ on the Sunday. The

Club is going well and is the strongest club in the State for juniors.

3.4 Devonport Football Club

The Club has now had a couple of wins in the seniors. There is an overall

improvement amongst the group. The club will continue improving and

mentoring the youth coming through the club. Currently concentrating on

juniors. The Magpie Cup is now underway. Nine primary schools are now

involved with between 180 and 200 children taking part. The club has received

positive feedback and it is a very successful program. The Club is due to

meeting with AFL Tas in the next month to discuss the new licences for the 2014

Statewide season.


4.1 Ground Restoration

OM advised that the current grass on the Oval will be killed off twice and then

new grass will be re-sown. The starting date will be 20 August 2012. All user

groups have been contacted regarding dates.

SRC raised a request by the Devonport Football Club to use the Oval on the

evening of Friday 24 August for the North West High School Grant Finals.

Action:

OM to discuss possibility of using the Oval on the night of 24 August with

Council’s Park and Reserves Co-Ordinator.

OM also advised that the contractor undertaking the work on the Oval is the

same contractor who is currently working on Bellerive.

Mike Kelly raised some concerns regarding the resurfacing of the Oval.

Action:

OM to follow up concerns and report back to the Committee members.

Mark Fagan queried what type of grass would be used at the Oval.

Action:

OM to follow up and advise.

Bob Marshall asked whether any upgrades were being made to the cycling

track. OM advised that no allocation was made in the budget for a track

upgrade.


July 2012 - File 27145

ATTACHMENT [6]

ITEM 12.2

David Mullett asked about the possible outside date for the completion of the

ground restoration as Tas Cricket have asked whether the Devonport Cricket

Club are able to host three Tassie Roar (women’s league) matches in the last

week of November. It may involve interstate sides. OM advised that, weather

permitting, the last week of November should be ok. Mike Kelly commented

that he is inclined to express interest and see if the calendar may be able to

moved around to see if a game can be made available in the new year rather

than in late November.

Raelene Smith advised that the cycling club would be able to move to Latrobe

during renovations if necessary.

Action:

OM will advise.

4.2 Scoreboard

SRC commented that the tenders have gone out for the scoreboard. Once

tender prices are back then timeframes will also be available.

5.0 NEXT MEETING

Tuesday, 18 September 2012. Tour of Devonport Oval at 5.00pm followed by

meeting at 5.30pm.


Unconfirmed Minutes - The Julie Burgess Trust Special Committee - 17 July

2012 - File 26965

ATTACHMENT [7]

ITEM 12.2

UNCONFIRMED MINUTES OF MEETING – THE JULIE BURGESS TRUST SPECIAL

COMMITTEE -17 JULY 2012


PURPOSE To present minutes of The Julie Burgess Trust Special Committee meeting held on 17 July

2012.

BACKGROUND At its meeting on 20 April 2009 Council resolved (Res No 149/09) that Council establish a

special committee to be known as “The Julie Burgess Trust” in order that the trust may

acquire the vessel and undertake restoration and refurbishment of a vessel that is both

unique in Australia and represents the early maritime history of the Mersey River and the

City of Devonport.

Representation on the Committee includes Aldermen Kent and Goodwin, community

representatives Ian Martin, Tim Gott, David Kent and Peter Higgins, Cradle Coast Authority

representative Ian Waller, the Assistant General Manager, Customers & Community,

Evonne Ewins and Council Officers.


Strategy 4.2.4 Acknowledge, preserve and celebrate local art, culture and

heritage, including indigenous art and culture.




Strategy 5.2.4 Encourage and support continuous, self-renewing efforts by the

community to engage in collective action that results in improving

lives, increasing equity, and produces strengthened organisations,

relationships and community well-being.

COMMENTARY The Minutes of The Julie Burgess Trust Special Committee meeting held on 17 July 2012 are

attached for Aldermen’s information.

FINANCIAL IMPLICATIONS It is anticipated that Council’s involvement in this trust will be limited to acting as custodian

of the vessel and the disbursement of trust funds from time to time. It should be noted that

an in-kind contribution of staff time in the development and administration of the project is

absorbed in the Community Services Divisional budget.

CONCLUSION The Julie Burgess Trust Special Committee will continue to meet and guide the restoration

of the Julie Burgess Ketch.


2012 - File 26965

ATTACHMENT [7]

ITEM 12.2

MINUTES OF THE JULIE BURGESS TRUST SPECIAL COMMITTEE

HELD AT THE DEVONPORT CITY INTERNAL MEETING ROOM

ON TUESDAY 17 JULY 2012 COMMENCING AT 5PM

PRESENT

Committee Members

Ald Grant Goodwin Devonport City Council

Ald Graham Kent Devonport City Council

Ian Martin Community Member

David Kent Community Member

Tim Gott Community Member

Council Officers

Margaret Griggs Project Officer


APOLOGIES

Peter Higgins Chairman

Evonne Ewins Assistant General Manager Customers and Community

(AGMCC)



held 12 June 2012 be received and noted.

D. Kent/ G. Kent CARRIED


2.1 Booklet – contacts.

T Gott advised that the acknowledgement page had been fine tuned but

there is still final editing to do on the booklet. Richmond Concepts and Print

have completed a revised layout. T. Gott and C. Binks meeting with Richmond

Concepts and Print July 18th.


3.1 Conservation.


3.2 Restoration Plan.

a) Fit Out. Internal work well underway. R. Dahms working on the aft cabin.

All fittings are in the container ready to go.

b) Ballast. Stability is fine but the ketch is still sitting too high in the water.

Current ballast will be relocated to allow the floor to be screwed down

and space will be left in the galley for extra ballast. The extra ballast is not

required for survey but is critical for trimming the vessel.

c) Electrics. Still some work around the galley to be done.

d) Maintenance Schedule. No progress to report.

e) Operations Manual. Section on alarms still needs to be done.

f) Survey Requirements. Vessel is currently in survey but fit out needs to be

completed and a second emergency raft in place by November for Class

1C.


2012 - File 26965

ATTACHMENT [7]

ITEM 12.2

3.3 Marketing Strategy/Business Plan

3.3.1 Jaffa Interpretation/ Groupwork Pty. Ltd.

The CPM advised that staff are working on a combined Bass Strait

Maritime Centre and Julie Burgess Marketing Plan for the opening of the

Centre and formal launch of operations of the Julie Burgess.

Work on the Interpretation in the Centre has been ramped up. Jaffa is

providing the information for sponsorship documents.

3.4 Julie Burgess Project Coordination

3.4.1 Financials.

One outstanding supplier account was discussed. Ald Kent spoke to the

account. Committee members agreed that a letter be sent to the supplier

advising that the account had been considered by the committee and

formally requesting a breakdown of costs to facilitate payment.

Financial report tabled. Committee members advised that capital funds

have almost been expended with less than $3000 remaining after

payment of the electrical account.

Action: Project Officer to talk with finance department re providing a

report of income received.

3.4.2 Crew.

G. Kent reported that a good crew was forming; there was much

enthusiasm in the group. The meetings to date have been training sessions

and have been documented.

3.4.3 Volunteers.

3 inductions scheduled for Tuesday 24 July with potential crew members.

Following discussion it was agreed that a committee member be in

attendance to speak with new volunteers and detail the expectations

and commitment required.

Master of the vessel has drafted a crew policy for members’ perusal.

3.4.4 Employment Strategies.

It was agreed to present the one long term work experience participant

with a t-shirt and cap in recognition for his commitment to the Project.

3.4.5 Pontoon.

Members were reminded that the completion of the adjustment to the

structure as per the conditions of the sign off certificate is required by

September.

Action: I. Martin to contact G. Angilley of Tas Consulting Services.

A replacement cost of pontoon from an independent party is required.

Action: I. Martin to contact G. Angilley of Tas Consulting Services.

3.4.6 Partnership with Maritime Museum.

The CPM reported that the terms of reference for the Sub-Committee

have been reviewed and will go back to the Authority for endorsement.

3.4.7 Incorporation.



2012 - File 26965

ATTACHMENT [7]

ITEM 12.2

3.4.8 Publicity.

a) General:

Mercury reporter and photographer scheduled for Friday 20 July.

There will be some press releases around sail training with crew,

Venturer Leaders Visit and volunteers trip. Volunteers trip will be

Sunday 22 July.

b) Documentary:

MGN took photos and film on last trip.

The AGMCC is looking at sources of funding for DVD production.

3.4.9 Website.

Graph showing number of visits to the website for the past twelve months

was tabled.

3.4.10 Support/Thank you Letters.

None required.

3.4.11 History.

Discussed under business arising item 2.1.

3.4.12 Other Funding.

Continue to look for opportunities.

3.4.13 Funding Agreement Milestones.

3.3.13.1 Sailings

Discussed under agenda item 3.4.8 a).

4.0 OTHER BUSINESS

4.1 Australian Sail Training Association (AUSTA).

Project Officer confirmed that Tasmanian Sail Training is specific to Lady Nelson.

Membership of AUSTA has been completed.

4.2 Australian Wooden Boat Festival (AWBF).

Copies of recent meeting report distributed.

4.3 Master of the Vessel.

The Julie Burgess Trust Special Committee recommends to Council that the

Master of the Ketch Julie Burgess is G. Kent.

G. Goodwin/ D. Kent CARRIED

4.4 Drawings Request.

A request has been received for water line drawings to do a scale model.

Members were happy for the drawings to be sent but suggested that

permission be sought first from Alan Muir, Marine Surveyor.

4.5 Alma Doepel.

Project officer is meeting with a representative from Alma Doepel while in

Melbourne. They are interested in any surplus items that may be useful for the

restoration of the Alma Doepel. Bugle screws are the only items available at this

stage.

4.6 Container.

G. Kent advised that the container will be removed in September. Mersey

Yacht Club has given approval for storage space.


2012 - File 26965

ATTACHMENT [7]

ITEM 12.2

5.0 AGENDA ITEMS FOR NEXT MEETING

Nil

6.0 NEXT MEETING

Tuesday 14 August at 5pm at the Devonport City Council Internal Meeting Room.

Meeting closed at 6.50pm.


ITEM 12.3

12.3 MEMOR ANDUM OF UND ERSTANDIN G R E SES TASM ANIAN EMER GENC Y SER VIC ES, TH E DEVON PORT CITY C OUNCIL AND LATR OBE C OUNCIL

12.3 MEMORANDUM OF UNDERSTANDING RE SES TASMANIAN

EMERGENCY SERVICES, THE DEVONPORT CITY COUNCIL AND

LATROBE COUNCIL

File: 19410 D275905




Strategy 4.4.1 Support the community in emergency management response and

recovery

Strategy 4.4.6 Facilitate and support a partnership approach to community safety

Strategy 5.6.4 Ensure compliance with all relevant legislative requirements,

standards, Council plans, policies and procedures

Purpose To define the responsibilities of the SES, Devonport City Council and Latrobe Council in

relation to the provision and maintenance of the Volunteer Mersey SES Unit established for

Devonport and Latrobe municipalities. As set out in Division 5 – “Roles of Councils and

Municipal Volunteer SES Units” of the Emergency Management Act 2006.

BACKGROUND The Mersey SES Unit was formed in approximately 1987 to fulfil the obligations of Council in

covering emergency works, both Latrobe and Devonport Councils are represented by this

unit. The Mersey SES Unit is based at the Old Fire Station at Latrobe and have been for a

number of years. Both Councils and SES Tasmania were instrumental in obtaining funds to

purchase the fire station to house the unit.

COMMENTARY This Memorandum of Understanding has been developed to provide a framework for SES

Tasmania, Devonport City Council and the Latrobe Council to manage and operate a

State Emergency Service Unit for the municipal areas.

As pointed out in the Memorandum of Understanding the Mersey SES Unit will respond to

emergencies in accordance with its role detailed within the Mersey Leven Emergency

Management Plan including, but not limited to, storm and flood responses, rescues and

associated emergency support roles.

This Memorandum of Understanding will be administered by the Municipal Emergency

Management Coordinators for the Devonport City Council and Latrobe Council and the

SES Regional Manager (North West).

FINANCIAL IMPLICATIONS The Mersey SES Unit is supported by the Devonport and Latrobe Councils and an annual

allocation of funds is budgeted for in both Council budget, currently approximately

$27,000 each. These funds cover recurrent costs associated with the day to day running

of the Mersey SES Unit.


ITEM 12.3

RISK IMPLICATIONS Contractual/Legal

By not endorsing the intent of this Memorandum of Understanding, Council is in

contravention of the Emergency Management Act 2006.

CONCLUSION Council have complied with the Emergency Management Act 2006 with the provision

and ongoing maintenance of the Mersey SES Unit. It is recommended that Council

endorse the Memorandum of Understanding.

ATTACHMENTS

1. Memorandum of Understanding Between Tasmanian State Emergency

Service, Devonport City Council and Latrobe Council

Recommendati on

RECOMMENDATION

That Council endorse the Memorandum of Understanding between the Tasmanian State

Emergency Service, the Devonport City Council and Latrobe Council defining

responsibilities for the ongoing management and support of the Mersey SES Unit.

Memorandum of Understanding Between Tasmanian State Emergency


ATTACHMENT [1]

ITEM 12.3

MEMORANDUM OF UNDERSTANDING

(MOU)

BETWEEN THE

TASMANIA

STATE EMERGENCY SERVICE

AND

DEVONPORT CITY COUNCIL

AND

LATROBE COUNCIL

1 September 2012



ATTACHMENT [1]

ITEM 12.3

A Memorandum of Understanding

THIS MEMORANDUM is made this 1st day of September 2012

BETWEEN:

THE TASMANIA STATE EMERGENCY SERVICE, as maintained under Section 25 of the Emergency Management Act 2006, of 28 Bathurst St, Hobart in Tasmania

AND

THE DEVONPORT CITY COUNCIL established pursuant to the Local Government Act 1993 of 44 - 48 Best Street Devonport Tasmania

AND

THE LATROBE COUNCIL established pursuant to the Local Government Act 1993 of 170 Gilbert Street Latrobe Tasmania.

SIGNED for and on behalf of

TASMANIA STATE EMERGENCY SERVICE

By Mr A Lea,

Director

SES

SIGNED for and on behalf of the


By Mr I McCallum,

General Manager

Devonport City Council

SIGNED for and on behalf of

LATROBE COUNCIL

By Mr G Monson,

General Manager

Latrobe Council



ATTACHMENT [1]

ITEM 12.3

Section A - Administrative Details

1. Definitions

"Council" means the Devonport City Council (DCC) and Latrobe Council (LC) as established under the Local Government Act 1993.

"SES" means the Tasmanian State Emergency Service as maintained under Section 25 of the Emergency Management Act 2006.

"Mersey SES Unit” means that part of the SES with responsibilities within the Council areas of Devonport and Latrobe as defined under the Local Government Act 1993, with its headquarters at 31a Hampden Street Latrobe. This Unit is staffed by volunteers who operate under the supervision and guidance of permanent staff of SES North West Region Headquarters.

“Parties” means the Tasmania State Emergency Service, the Devonport City Council and Latrobe Council.

2. Purpose and Scope of Memorandum of Understanding

The purpose of this Memorandum of Understanding (MOU) is to define the responsibilities of the SES, DCC and LC solely in relation to the provision and maintenance of the volunteer Mersey SES Unit established for Devonport and Latrobe municipalities.

As such, the scope of this MOU does not extend into broader emergency management issues or otherwise remove the legislative or accepted responsibilities of either council in relation to emergency management (eg planning, Municipal Emergency Management Coordinator (MC) responsibilities; emergency coordination centre management; provision of public information; road closures; provision of resources and maintenance of public infrastructure as detailed in either the Emergency Management Act 2006, Mersey/Leven Emergency Management Plan (MLEMP) or any other associated plans.

In addition, the parties agree that this MOU and any future derivations of the same may initiate amendment, as required, to the MLEMP, to ensure consistency of roles stipulated in all related documentation.

3. Term of MOU

Both parties commit to the provision of support detailed in this MOU for an initial period of one (1) year, commencing in September 2012.

The MOU will be reviewed upon the development of the new Devonport Police Station project.



ATTACHMENT [1]

ITEM 12.3

4. Review of MOU

Both parties commit to the following management review procedure:

Annual review to confirm successful performance of responsibilities and identify any issues for discussion; and

Detailed review upon completion of term of agreement stipulated in Section 3. This review will create an opportunity to consider future arrangements, either through extensions to this MOU or through the development of a new MOU which may be negotiated by relevant parties.

5. Level of Service

Mersey SES will respond to emergencies in accordance with its roles detailed within the Mersey / Leven EM Plan and associated documents eg storm and flood responses, rescues and associated emergency support roles.

In addition and at the request of other lead agencies, Mersey SES may also, where possible (as determined by SES), provide support in response to other emergency situations in support of lead agencies within both council areas eg search and rescue, fires etc.

During emergency operations where Regional SES management provide a coordinating function, the Mersey SES Unit may be required to assist other council areas within the Region or State. This mutual obligation clause means that when the Latrobe and Devonport City Council areas require additional resources or capability, it will be forthcoming from other SES units within the Region or State.

All services provided by Mersey SES Unit volunteers will be conducted by persons trained and assessed by the SES and deemed competent to conduct the services required.

6. Response Time

There is a recognition that, as a predominantly volunteer service, Mersey SES Unit’s response times may be impacted. However, response times should still be reasonable based on an assessment of the situation and any surrounding circumstances.

7. Volunteer Training and Management

All Mersey SES Unit volunteers providing support within the Devonport/Latrobe municipal areas will be recruited, trained and managed under the supervision of permanent staff of SES North West Region Headquarters, located at 88 Wilson Street, Burnie.

8. Insurances

All volunteers of the Mersey SES Units will at all times be appropriately insured by the Department of Police and Emergency Management while conducting SES - related work. Vehicle and equipment insurances are detailed in Section B.



ATTACHMENT [1]

ITEM 12.3

9. Legal Relationship

Nothing in this MOU will be taken as creating the relationship of principal and agent or that of a partnership.

10. Reporting

Parties to this MOU agree to commit to a framework for two-way reporting (details included at Section B), to enable a thorough understanding of all relevant issues such as Council and other funding available to the Mersey SES Units, the number and nature of any training activities and call outs conducted, membership status and any issues identified for discussion in the maintenance of the MOU.

11. Administration

This MOU will be administered by the Municipal Emergency Management Coordinators for Devonport City and Latrobe Councils and the SES Regional Manager (North West).

12. Communication Protocols

Normal communication protocols as they apply to all emergency management incidents will continue to apply in accordance with relevant plans.

Section B - Commitments

1. SES

SES agrees to the following commitments made under this MOU:

(a) Establish vehicle and equipment standards

SES will investigate and determine standards and classifications for all vehicles and equipment (including personal dress) to be issued to SES Units.

These standards will apply to all SES Units and will include the development and implementation of policies and procedures to manage such standards eg development and management of appropriate vehicle and equipment replacement programs based on priorities agreed to by relevant parties.

The SES Unit has a responsibility to ensure vehicles and equipment are in good working order and shall report defects or arrange repairs, maintenance and servicing to ensure all equipment meets the relevant standards.

(b) Contribution to the purchase of primary rescue vehicle

This vehicle is for the exclusive use of Mersey SES Unit, in the performance of its role.



ATTACHMENT [1]

ITEM 12.3

State contribution will be provided on a needs basis in negotiation with Council. Suitable replacement vehicle will be as determined by SES in 1(a) above.

This contribution will be part of a state-wide, cyclic vehicle replacement contribution program and will be based on priorities and needs agreed between the parties with a maximum replacement age of 20 years for any primary rescue vehicle purchased.

Special case by case additional funding considerations may be negotiated for additional secondary vehicles where this does not disadvantage other municipal SES Units.

Vehicles provided will arrive complete with signage, lighting and communications as required by standards determined in Section 1(a) above.

The parties acknowledge that the current appropriate fleet comprises one primary and two secondary support vehicles.

(c) Purchase of other major items of rescue equipment

SES agrees to fund other major items of general equipment for the exclusive use of the Mersey SES Unit in accordance with funding availability and priorities agreed to by relevant parties. Such items may include radios, pagers, ladders, power tools, ropes, chain saws, pumps etc.

(d) Review of equipment holdings and scheduled replacement

SES in consultation with the Mersey SES Unit Manager, will, where necessary, review the Mersey SES Unit holdings of all major items of equipment and, subject to funding availability, replace outdated or unrepairable equipment.

Where SES funding is not available, alternative funding options may be explored to replace or upgrade equipment.

The parties agree that the SES will take possession of any replaced equipment funded by the State for redeployment/reassignment or disposal.

(e) Uniform and Personal Protective Equipment (PPE)

SES will provide selected items of uniform and protective equipment to SES volunteers in accordance with standards determined in 1(a) above and as detailed in the SES Dress and Uniform Manual.

This commitment will help ensure a safe personal working environment for all SES volunteers, a standardised uniform code throughout the SES and minimise uniform costs for volunteers.



ATTACHMENT [1]

ITEM 12.3

(f) Radio Equipment

SES will assist with the provision and maintain radio communication equipment as deemed appropriate for the Unit’s requirements.

(g) Training

SES Regional Staff, in consultation with the Mersey SES Unit Manager, will determine the training needs of the Unit. This will form the basis for training design, development and delivery to national standards.

SES Regional Staff will support the development of Annual Training Programs to meet the needs of the Mersey SES Unit volunteers as determined in prior training needs analysis.

The SES, as a Registered Training Organisation (RTO) agrees to provide nationally recognised training support to the Mersey SES Unit. This includes the maintenance of training records and the issue of any certificates of competence for SES volunteers in accordance with national standards.

SES and Council will consider opportunities for joint training of Council staff and Unit members (eg chainsaw, driving, first aid).

SES, through collaboration between the Mersey Unit Manager and Regional Staff, will ensure the completion of formal documentation for owner/occupier approval of any training on or in non-SES properties or facilities.

(h) Annual Budget

The Unit Manager will be responsible for the preparation of an Annual Budget for approval by the Regional Manager, prior to being submitted to Council by mid- March of each year.

The Budget should also include a 5 Year Strategic Plan forecasting the replacement/upgrade of equipment and vehicles.

(i) Reporting

The Mersey SES Unit Manager, in conjunction with the NW Regional Manager, will prepare a brief annual report for Councils which outlines the membership status, training and operational activity for the Mersey SES Unit.

The Annual Report will be for 01 July – 30 June each year and is to be submitted by mid-August in that year.

2. DEVONPORT CITY AND LATROBE COUNCILS

DCC and LC agrees to the following commitments:



ATTACHMENT [1]

ITEM 12.3

(a) Facilities and Infrastructure

DCC and LC will provide facilities for the Mersey SES Unit. This includes: office spaces, training areas, operational command centre/s, stores areas, social/catering amenities and ablutions, radio communication areas, secure garage/s suitable for storage of operational rescue vehicles and large items of rescue equipment, secure outdoor training areas suitable for SES skills training such as general rescue, emergency roofing repair etc.

DCC and LC in consultation with SES, and subject to budget, will make provision for and fund all costs associated with rates and taxes, property maintenance, telecommunications and power charges as required and as applicable to facilities utilised by the Mersey SES Unit.

(b) Registration DCC and LC will register all vehicles allocated to and for the use of the Mersey SES Unit.

(c) Insurance DCC and LC will at all times appropriately insure all rescue vehicles and equipment allocated to and for the sole use of the Mersey SES Unit in accordance with existing replacement values.

(d) Maintenance and Running Costs

DCC and LC will fund the maintenance of all vehicles (inclusive of running costs eg fuels) and equipment provided by SES in a safe and fully working condition in accordance with manufacturers instructions and where applicable Australian Standards and Tasmanian Workplace Standards and Regulations.

(e) Training

DCC and LC will support Mersey SES Unit training activities through assisting in the provision of training venues and facilities by arrangement e.g. allowing use of council land, buildings etc, and, where possible, by including SES volunteers in appropriate Council conducted training.

This will help ensure that Unit has access to the most suitable local training resources.

(f) Recurrent Costs - Summary

DCC and LC will make budgetary provision for and fund any recurrent costs associated with the day to day running of the Mersey SES Unit.



ATTACHMENT [1]

ITEM 12.3

This budget will be determined in discussions between DCC and LC Emergency Management Coordinators, Mersey SES Unit Manager and the SES Regional Manager (NW).

Any funds allocated by DCC and LC will be accounted for in accordance with existing financial management procedures for councils. DCC and LC will provide at least quarterly reporting of such accounts to the Mersey SES Unit Manager to enable future planning to be conducted.

Recurrent costs would normally include but not be limited to costs associated with the following areas:

any purchase, lease, rates, taxes, insurance and maintenance charges associated with designated Mersey SES Units facilities;

telephone rental, internet access and official telephone calls;

vehicle registration, insurance, running and maintenance costs;

maintenance and or replacement of any equipment where alternative funding options are not available or able to be utilised eg equipment from the approved budget allocation

insurance policies for all SES equipment;

administrative costs related to printing, postage, photocopying and similar office requirements;

providing consumable safety material and products to SES volunteers eg first aid kits, sunscreen; gloves, batteries and safety glasses

the purchase and maintenance of any pagers in addition to the five (5) issued to the Unit by SES.


ITEM 12.4

12.4 Communi ty Engag ement Policy

12.4 COMMUNITY ENGAGEMENT POLICY

File: 27452 D275906




Strategy 5.2.1 Review policies and implement initiatives to ensure meaningful,

two‑way, accessible communication and consultation with the

community

PURPOSE The Community Engagement Framework outlines Council’s commitment to actively

engage the Community in the decision making activities of Council and in decisions that

directly impact upon the community; on how they live, recreate, work, study, use services

and do business. It describes how Council will ensure the active engagement of its

community in information gathering and provision, and in community consultation and

participation. The Community Engagement Framework supports and complements the

role of Aldermen in decision-making. The Framework links Council’s commitment to

community consultation and participation with its statutory responsibilities to make

decisions which promote good governance.

Council believes that good governance underpins the Australian democratic system of which local government forms the first level.

Community engagement develops local community based decision making, citizenship

and social responsibility. Community engagement is concerned with the empowerment of

the local community by facilitating citizens’ direct input into decisions which affect their

lives. It provides the means for citizens to participate in public life beyond the election of

representatives.

BACKGROUND Over the past 18 months Council has undertaken various research, training and

consultation with the community to inform the development of the Community

Engagement Policy.

The 2012 Annual Customer Satisfaction Survey indicated that opportunities for the

community to participate in decision making was low at 32%, ranking as one of five areas

which respondents indicate are the lowest performing areas of Council. Consistency of

decision making was also ranked within the five lowest performing areas.

Further consultation was conducted in 2011 via a Community Engagement Survey. The

survey identified how Devonport residents want to be involved in Council decisions, areas

of decision making they would like to be involved in and how they prefer to participate.

The survey provided the opportunity for respondents to indicate how they want to receive

information regarding the outcomes of participation and decisions made by Council. 107

surveys were received.

The majority of respondents indicate a desire to participate in some form of decision

making. 62% of respondents think the general public should contribute to Council

decisions, a further 28 % think they should contribute somewhat. The majority of


ITEM 12.4

respondents felt that Council decisions affect everyone and it was important to be

involved in some way. Comments received included ‘it was good to give an opinion and

be part of the process’ and’ we live in the area and pay rates, we should have a say’.

Whilst many respondents have a strong desire for participation in decision making the

survey established several barriers for participation including lack of time, an expectation

Council should be left to get on with it and others indicating they are not qualified to

make decisions.

The survey qualified how respondents want to hear about decisions made by Council,

and how they would like to be involved as well as frequency. The majority of respondents

indicate they would like to receive information and provide feedback and input as often

as monthly or every three months through a variety of mechanisms with email being the

most popular. Other methods for preferred participation included telephone survey,

participation on a committee, via online forums or social media platforms.

Half of the respondents indicate they have participated in some form of engagement

conducted by Council over the past 18mths, only half were informed of the outcome of

the consultation. Technology continues to be a popular medium for communication with

over half of the respondents indicating this as the preferred method for being informed

about outcomes. Half of the respondents indicate a mid level satisfaction with

consultation undertaken by Council, and a variety of qualitative statements have

provided valuable information for improvements. The survey gauged the frequency and

usefulness of a variety of mechanisms currently used to inform the community. The

Advocate and the Devonport City Council Community newsletter rate highly as key

information sources for residents.

Both surveys enable Council to better understand where the key interests of the

community are for engagement and how residents would like to participate and keep

informed about decisions of Council. Ranked the highest areas of interest are recreation

facilities and services, parks and reserves and community services. The customer

satisfaction survey further identified the five most important services to the community

being waste management, community health and safety, social and community services,

parking, roads and footpaths. The performance ranking of all services will assist Council to

ensure services and facilities continue to meet expectation and demand.

Council decision making, communication and customer service are areas identified via

consultation and Councils corporate continuous improvement program for significant

improvement in performance.

Full details of the surveys can be found on Council website www.devonport.tas.gov.au or

by request at Council Customer Service Centre, Best Street, Devonport.

COMMENTARY Devonport City Council has traditionally conducted a high level of engagement with the

community.

The Community Engagement Policy formalises its current approach through a practical

framework, clearly outlining Councils role in community engagement. It further sets out

principles, addresses decision making processes, strategies and tools, to support Council

and staff to deliver the outcomes Council strives for.

This policy is created with a firm belief that good public participation results in better

decisions. Effective community engagement also acknowledges the fact that people

want to get involved with decisions that affect their lives and the framework provides the

means for incorporating their input. The decisions themselves can be further improved by

http://www.devonport.tas.gov.au/


ITEM 12.4

additional understanding and enrichment achieved by bringing all perspectives to the

table.

The policy is based on the spectrum of engagement activities as advocated by the

International Association for Public Participation (IAP2). The five levels of engagement are

Inform, Consult, Involve, Collaborate and Empower.

The policy does not prevent Council from engaging with the community in addition to any

statutory requirements providing that any legal timeframes are met.

Community Engagement does not necessarily mean achieving consensus. However it

does involve seeking broad informed agreement and the best possible solution for Council

and the Community.

Both ‘consultation’ and ‘community engagement’ are terms used by practitioners and in

literature. However in developing this framework for community engagement,

consultation is one level of engagement (based upon the IAP2 spectrum).

The framework includes;

The Community Engagement Policy (as attached)

The Community Engagement Matrix – an attachment to this policy. The Matrix aims

to provide staff with direction on engagement planning and guidance on when and

how community engagement should occur.

The Community Engagement Toolkit – an internal resource for staff, providing specific

advice on ‘how to’ undertake different types of engagement with the community.

FINANCIAL IMPLICATIONS The cost of community engagement varies depending on the level of engagement

required. Most planned engagement activities for 2012/13 have been budgeted for with

the 2012/13 annual plan and estimates.

RISK IMPLICATIONS Communication/Reputation

The Community Engagement Policy provides a framework to control the risks

associated with communication/reputation.

CONCLUSION The Community Engagement Policy provides a practical framework to assist Council to

deliver on its commitment to actively engage the Community in the decision making

activities of Council and in decisions that directly impact upon the community; on how

they live, recreate, work, study, use services and do business. It describes how Council will

ensure the active engagement of its community in information gathering and provision,

and in community consultation and participation. The Community Engagement

Framework supports and complements the role of Aldermen in decision-making. The

Framework links Council’s commitment to community consultation and participation with

its statutory responsibilities to make decisions which promote good governance.

ATTACHMENTS

1. Draft Community Engagement Policy

2. Community Engagement Matrix

Recommendati on


ITEM 12.4

RECOMMENDATION

That Council adopt the Community Engagement Policy.

Draft Community Engagement Policy ATTACHMENT [1]

ITEM 12.4

CP 015 v1

COMMUNITY ENGAGEMENT POLICY - DRAFT

1. PURPOSE

To set the framework for all community engagement activities conducted by

Devonport City Council, other than notification and consultation in accordance with

statutory requirements.

2. SCOPE This policy applies to all facets of Council’s operations including council’s corporate,

land use and financial planning and our day to day business activities.

It defines the principles underpinning Council’s engagement activities, the role of

Aldermen and staff engaging with the community and the methods which Council

will use to engage the community.

Council’s approach to community engagement is based on the spectrum of

engagement activities as advocated by the International Association of Public

Participation (IAP2). The five levels of engagement of participation are;

Inform

Consult

Involve

Collaborate

Empower

It should be noted that the ‘empower’ level of the spectrum has limited application

on Local Government as the elected Council are the decision making body.

However there may be occasions where non financial empowerment may occur.

E.g. Controlling Authorities of Council manage separate funds to the operations of

Council.


ITEM 12.4

3. POLICY

3.1. Devonport City Council recognises that community engagement and

participation processes are a vital part of democracy. Effective engagement is

good business practice and critical to good government. For this reason

Council is committed to engaging with the Devonport community.

The benefits of effective engagement include:

Increased community awareness and Council‘s services, planning and

program delivery;

Increased awareness across Council of community views and the issues

that should be considered as part of decision making;

Increased awareness of the needs, priorities and diversity of the local

community, which in turn ensures that Council’s service provision and

planning functions are aligned appropriately;

Increased level of community ownership and acceptance of decisions

affecting the local government are (LGA)

Council and community working together to address local issues; Potential

for time, resource and cost savings for Council.

3.1.1. Strategies

The Community Engagement framework includes;

This Community Engagement policy providing broad framework

and policy direction for engagement.

The Community Engagement Matrix aims to provide staff with

direction on engagement planning and guidance on when and

how they should engage wit he community for different situations.

The Community Engagement toolkit – an attachment to this policy.

The toolkit provides specific information and advice on ‘how to’

undertake different types of engagements with the community.

All of the above documents should be used in developing a community

engagement plan.

Key protocols supporting Councils community engagement activities are included in

the Matrix document.

The level of community engagement undertaken relates directly to the level of

community involvement required, and should always be appropriate to the nature,

complexity and impact of the issue, plan or strategy. In some cases requirements

may be imposed by the State Government and may override this Policy.

Devonport City Council will endeavour to ensure that its engagement processes are

appropriate, accessible, well planned and adequately resourced. All community

engagement activity is to be undertaken in accordance with the principles of the

Policy.

To ensure that the Aldermen are well informed, staff will endeavour to communicate

community engagement activities, for high impact projects, prior to occurring.

The timing of the community engagement activities should be taken into account

key dates e.g. school holidays, special events etc.

For high impact projects or issues that affect the whole of Devonport (e.g. Strategic

Plan, Community wide strategies – Youth, Stormwater, Housing).

In circumstances where the involvement requires members of the public to make

submissions to Council, all submissions received will be regarded as public and


ITEM 12.4

available for general access, including personal details (e.g. name, address,

telephone number, email address unless there are overriding public interest

considerations against the disclosure of the personal details – refer to Public Interest

disclosure Act.)

3.1.2. Policies

To ensure the Devonport community is well informed about issues,

strategies or plans that may directly or indirectly affect them;

To ensure the people of Devonport have the opportunity for genuine

involvement in Council’s decisions-making and policy development;

To seek the views of a wide cross-section of the community, selecting

engagement methods that are flexible, inclusive and appropriate to

those being engaged.

To provide members of the community with the opportunity to hear

each other’s opinions and to recommend appropriate solutions to

community issues.

To ensure Council is meeting legislative requirements regarding

community consultation in all areas of its service delivery.

Recognise that there is diversity in the activities and projects across

Council and the type of engagement undertaken should vary

accordingly.

3.1.3. Principles

The following principles will underpin Devonport City Council’s

approach to community engagement.

Devonport City Council;

(a) Open and inclusive

Recognise community participation as a right of all citizens

and an integral component of informed decision making;

Creates, supports and promotes opportunities for the

community to actively participate;

Encourages involvement from a wide cross sections of the

community using engagement processes that are accessible

and inclusive;

Operates under key the key value of openness and is

committed to ensuring that the community is well informed

and Council’s service delivery and decision making processes;

(b) Mutual trust, respect and accountability

Treats all participants in the engagement process with respect

and dignity;

Approaches engagement from an impartial perspective, free

from bias toward any stakeholder involved in the process;

Is accountable, accessible and ethical in all dealing with the

community;

(c) Engage early and be clear

Seeks early engagement and regularly involves the

community on decision making;

Communicates clearly the objectives of the engagement

process and provide community members with all available


ITEM 12.4

and relevant information as part of the engagement process

to ensure informed discussions;

Communicates the parameters of the engagement process

with participants from the outset including legislative

requirements, Councils sphere of influence, conflicting

community views, policy frameworks and context, budget

restraints etc.

Acknowledges that planning is a critical process to deliver

successful outcomes and is committed to developing and

implementing community engagement plans.

(d) Consideration and feedback

Is committed to demonstrating that we have considered all

community contributions and relevant data, prior to making

any decisions that affect the local community;

Is committed to providing participants with feedback at key

stages throughout the projects and upon competition and

how community input influenced the decision.

(e) Skills and Resources

Endeavours to ensure that sufficient timeframes and

adequate resources are allocated to engagement processes;

Co-ordinates its community engagement processes where

possible to optimise resources, ensure efficiency and avoid

duplication;

Recognises the skill required to undertake community

engagement, and will provide staff with opportunities for

further skill development and training;

3.1.4. Procedures and Forms

Procedures and Forms are prepared to assist with the implementation

of Council or Management Policies. The level of prescription detailed

will vary depending on the nature of the matter.

3.2. DEVELOPMENT ON COUNCIL LAND – SPECIAL CONSULTATION REQUIREMENTS

Council acknowledges that a special process should be followed for development

occurring on Council owned land. On this basis, Council undertakes development on

its own land the community engagement process may be undertaken in addition to

the statutory requirements at the following stages and in the following forms:

(a) Plans of Management

Council must take into consideration feedback from the following:

Local engagement, be undertaken to reach a broad

audience.

Stakeholder engagement be undertaken with specific

consideration given to consulting with target groups e.g.

youth, older people, culturally diverse groups, people with

disabilities.

Broad community input - be directed at the general

community and also at specific target groups affected by the

proposal to encourage input and involvement.

Public exhibition to encourage submissions.


ITEM 12.4

(b) Design Stage

Council must take into consideration feedback from the following:

Local engagement, be undertaken to reach a broad

audience.

Stakeholder engagement be undertaken with specific

consideration given to consulting with target groups e.g.

youth, older people, culturally diverse groups, people with

disabilities.

Include input from previous engagement activities – the

project owner must specifically consider any previous

engagement undertaken.

(c) Development Application Stage

Council must undertake:

Statutory notification – engagement activities must comply

with statutory notification requirements despite the fact that

notifiable persons may have been involved in previous

consultations.

The Development Application is to have the results of all

previous engagement activities under this policy attached to

enable the development assessment officer to form a view of

the merits of the proposal.

Where a DA is not required, Council staff are still required to

engage with the community to gain input to the

development. The matrix should be used to determine the

most appropriate level of engagement.

3.3. DEFINITIONS

Key Term – Acronym Definition

Community Includes all people who live, work, study, own property,

conduct private or government business, visit or use the

services, facilities and public spaces and places of the

Devonport area. The community can be referred to as

stakeholders or comprise of stakeholders.

Engagement A broader term which includes all levels of participation

for including the community in decision making.

Consultation is one level of engagement.

Consultation Is a process of community engagement that seeks to

inform the community or draw out the views and

preferences of the community. These views are used to

inform decision makers and should provide a guide to

decision making.

Communication Generally refers to the exchange of information from

Council to the community, and can also include the

exchange of information or views from the community

to Council.

IAP2 International Association of Public Participation Web site

– www.iap2.org.au

Submission A submission is a formal response to a public document

made during the public exhibition period.

http://www.iap2.org.au/


ITEM 12.4

Should legislative changes occur that mean a document must be updated to

comply, the document may be reviewed and changed prior to the nominated

review date.

To aid review and ensure the correct documents are in circulation, all

documents must include the version number and a review date.

3.4. Minor Amendments to Policies

3.5. Access to Policies

Council’s Policies will be available for perusal by members of the public via

Councils website and through provision of a hard copy at the City Offices

building.

3.6. Communication

Should policies, procedures or forms be updated, created or altered, this must

be communicated to relevant audiences.

4. LEGISLATION AND RELATED DOCUMENTS

Local Government Act 1993

Communication and Media Policy 2011

Draft Social Media Policy

Code of conduct

5. RESPONSIBILITY

5.1. Responsible Manager

Assistant General Manager Customers & Community

5.2. Document Controller

C & C Executive Assistant

6. AUTHORISATION

6.1. Adoption of Policy

Draft – (Adopted on – Resolution No XXXX)

6.2. Amendments to Policy

e. g. Nil

6.3. Policy Review

December 2013

Trim File Ref: 26692

Community Engagement Matrix ATTACHMENT [2]

ITEM 12.4


ITEM 12.4

BACKGROUND 3

The Community Engagement Framework 4

Devonport City Council Community Engagement Principles 5

Community Engagement Planning and use of the Matrix 5

COMMUNITY ENGAGEMENT PLANNING STEPS: 7

Step 1 – Community Engagement Planning Request Form 9

Step 2 - Project Objectives - What is the Purpose? 9

Step 3 - Stakeholders 10

Step 4 - Level of Impact 13

Step 5 - Level of Community Participation 15

Step 6 - Methods and Tools for Engagement 17

Table - Types of Engagement 18

Examples - Types of Engagement 19

Inform 20

Consult 21

Involve 22

Collaborate 23

Step 7 - Timeframes and Resources 24

Step 8 - Feedback and Reporting 25

Step 9 - Evaluation 26

Key Protocols 27

Attachment 1 - Community Engagement Plan Checklist 28

Definitions 29

IAP2 Public Participation Spectrum 30


ITEM 12.4

BACKGROUND

THE COMMUNITY ENGAGEMENT FRAMEWORK The Community Engagement Framework reflects Devonport City Council's ongoing

commitment to appropriately engaging its community, and to improving the efficiency

and effectiveness of the organisation.

The Community Engagement Framework includes:

• The Community Engagement Policy - provides a broad framework and policy

direction for engagement.

• This Community Engagement Matrix - provides staff with direction on engagement

planning and guidance on when and how they should engage with the

community for different situations.

• The Engagement Toolkit - provides specific information and advice on 'how to'

undertake different types of engagement with the community.

This Matrix is an implementation tool of the Community Engagement Framework.

It should be noted that this Matrix relates to all community engagement undertaken by

Council except the Development Approval Process. Community engagement

guidelines for the Development Approval Process are outlined in The Land Use Planning

and Approvals Act 1993. In some cases requirements may be imposed by the State

Government and may override the policy and matrix.

The diagram below summarises the community engagement process.

Devonport City Council Community Engagement Principles

The following principles will underpin Devonport City Council's approach to community

engagement:

Design & plan

Prepare & organise

Implement

Feedback & follow up

Evaluate


ITEM 12.4

1. Open and inclusive

• Recognises community participation as a right of all citizens and an integral

component of informed decision-making.

• Creates, supports and promotes opportunities for the community to actively

participate in decision making.

• Encourages involvement from a wide cross-section of the community using

engagement processes that are accessible and inclusive.

• Operates under the key value of openness and is committed to ensuring that

the community is well informed about Council's service delivery, planning

and decision-making processes.

2. Mutual trust, respect and accountability

• Treats all participants in the engagement process with respect and dignity.

• Approaches engagement from an impartial perspective, free from bias

toward any stakeholder involved in the process.

• Is accountable, accessible and ethical in all dealings with the community.

3. Engage early and be clear

• Seeks early engagement and regularly involves the community in decision

making.

• Communicates clearly the objectives of the engagement process and

provides community members with all available and relevant information as

part of the engagement process to ensure informed discussion.

• Communicates the parameters of the engagement process to participants

from the outset, including legislative requirements, Council's sphere of

influence, conflicting community views, policy frameworks and context,

budget constraints etc.

• Acknowledges that planning is a critical process to deliver successful

outcomes and is committed to developing and implementing community

engagement plans.

4. Consideration and feedback

• Is committed to demonstrating that we have considered all community

contributions and relevant data, prior to making any decisions that affect the

local community.

• Is committed to providing participants with feedback at key stages

throughout the project and upon completion and how community input

influenced the decision.

5. Skills and resources

• Endeavours to ensure that sufficient timeframes and adequate resources are

allocated to engagement processes.

• Co-ordinates its community engagement processes where possible to

optimise resources, ensure efficiency and avoid duplication.

• Recognises the skills required to undertake community engagement, and

provides staff with opportunities for further skill development and training.


ITEM 12.4

Community Engagement Planning and use of the Matrix The Community Engagement Matrix is relevant to all staff that have or should have any

dealings with the community, except where staff are dealing with Development

Approvals (this is addressed by the Land Use Planning and Approvals Act 1993). It aims

to guide staff in their dealings with the community and ensure the appropriate level of

community participation for a range of projects, services and activities. In some cases

requirements may be imposed by the State Government and may override the Policy

and Matrix.

It is recognised that there is diversity in the activities and projects across Council, and

the type of engagement undertaken should vary accordingly. As such a flexible

approach has been adopted in the design of the Community Engagement Matrix,

enabling staff to determine the potential impact of a situation, and therefore the

appropriate level of community participation.

The Community Engagement Matrix should be used at the commencement of all

projects or reviews of services, and also as part of day to day operations, to ensure that

the appropriate engagement is identified and undertaken and included in the

Community Engagement Plan.

In addition a Community Engagement Plan should be developed for all high impact

projects and is recommended for all projects. This plan should be developed as a

critical element of the project plan and revised throughout the project as required

(refer to the Community Engagement Plan Checklist in Attachment 2).

NOTE: Community Engagement activities occur throughout a project and the

Engagement Plan should reflect these activities at key stages.

The diagram below outlines an example of different engagement levels at different

stages of the project over time:

controversy

risk effort

Stage 1 Stage 2 Stage 3 Stage 4

Involve

Consult

Inform

Collaborate

Time

Inform


ITEM 12.4

The Community Engagement Plan provides guidance and support to ensure that all key

elements are considered and addressed early in the project planning stages.

The Community Engagement Matrix does not prescribe exactly how the community

should be consulted for every project, issue, service or action in Council. This would be

an onerous task, given the range of projects and activities. Instead, it identifies different

levels of impact that would require certain types of engagement. It is then up to staff to

determine the level within which their project, issue, service or action fits and the most

appropriate engagement approaches.

Overall, the Community Engagement Matrix enables flexibility and recognises that staff

have the capacity to judge the potential impact of a situation and the appropriate

level of community participation.

In addition, staff should ensure that Aldermen are aware of community engagement

activities, for high impact projects, prior to occurrence.

Community engagement planning steps

Step 1 – Community Engagement Planning Request Form

Project Officer completes Community Engagement Request Form via Intranet.

Email to [email protected]

Communications and Engagement Officer liaise with Project Officer to organise

Stakeholder Analysis meeting

Step 2 - Purpose and objectives

• Detail the background to the project or issue including what has happened to

date.

• What is the purpose of the engagement?

• What are the objectives and desired outcomes?

• Identify any key issues.

• Consider any legal or statutory requirements.

Step 3 - Determine who should be involved?

• Identify the stakeholders and community members that should be included.

• What are the potential impacts?

• Are there any special groups/needs? How will you ensure fair and equal

opportunity to provide input?

• Complete stakeholder analysis (template included in Toolkit).

Step 4 - Assess level of impact

• Determine the likely level of impact of the project, issue, service or action, using

the assessment criteria on page 13.

Step 5 - Determine level and method of community participation

• Determine the desired level of community participation/involvement, eg whether

the community needs to be informed or whether they should have the opportunity

to be involved in decision making.

mailto:[email protected]


ITEM 12.4

• This will be influenced by the degree of impact and the desired outcomes. Use the

guidelines on page 15 to make this decision.

• Consider legislation or other Council policy requirements.

Step 6 - Determine methods and tools

• Use the Matrix on page 18 to determine the type of engagement that should

occur in relation to the level of impact and the desired community participation.

• Use the chart outlining the benefits and constraints for each type of engagement

(commencing on page 20), to 'fine tune' the selection of specific engagement

tasks.

Step 7 - Timeframes and resources

• Develop a timeline of the key engagement activities during the project.

• Develop an estimated budget required to complete engagement plan.

• Determine what skills are required and what resources are available.

Step 8 - Feedback and reporting

• Detail how and when each stakeholder group (participants, community, Council

and staff) will receive feedback during the project and the outcomes.

• Define the outcomes that are expected from the approach and how the final

outcomes will be documented and circulated.

Step 9 - Evaluation

• Complete an evaluation summary including - summary of process and key

outcomes, provide to participants and publish on website.

Step 1 – Community Engagement Planning Request Form

Prior to a stakeholder analysis being completed, Project Managers are required to fill out

a Community Engagement Planning Request Form available from the Intranet.

The Communications and Engagement Officer will then liaise with the Project Manager

to set up a meeting to complete a stakeholder analysis with the Project Team.

Step 2 - Project Objectives - What is the purpose?

The first step of any engagement plan is to clearly identify the objectives of the

engagement.

This should also include a summary of the background to the project or issues and what

has happened to date. Questions that need to be answered include:

• What is the purpose of the community engagement?

• What questions would you like the engagement activities to answer?

• What do you want the engagement to achieve?

In addition it is useful to consider at this stage the level of internal commitment. This will

include identifying:

• Who are the decision makers?

• What is their view on community engagement?


ITEM 12.4

• Clarification of the scope of decision.

• Who are the preliminary stakeholders and what are the issues?

Key issues also need to be identified along with any statutory requirements.

Step 3 - Stakeholders

Step 3 is about learning from the community and stakeholders. This is a critical part of

the process and we need to think 'who haven't we heard from' and 'why'?

The following activities should be considered in this step.

3.1 Public perception

Understand how people perceive the issues surrounding the problem/opportunity to be

addressed and decision to be made.

Once an initial list of stakeholders is identified it is important to gain an initial

understanding of how they may view the decision. This can be conducted by key

contact interviews of a range of stakeholders who represent a range of likely views.

3.2 Develop a comprehensive list of stakeholders

A stakeholder is defined as those with an interest in or who may be affected by the

outcome. There are many ways to identify stakeholders including:

• Draw on in-house knowledge

Ask other people/teams who may have run similar projects.

Brainstorm with cross section of staff.

Discuss at Senior Management Group meeting.

Contact the Communication & Engagement Officer in relation to any known

lists of interested community members.

• Review records

People who have made previous submissions, attended forums etc.

Other lists of people who have expressed interest.

Use the Devonport City Council Community Information Directory.

• Ask the community

Call for expressions of interest - public announcements to promote call for

interest.

Ask key members of the community/groups who they think would be

interested.

• Identify any hard to reach groups.

Groups to be considered (this is a guide)

Government departments Service providers Businesses Utilities

Residents Property owners Visitors Not for profit groups

Disabled Youth Aged Culturally diverse

Committees Community groups Schools and education Experts


ITEM 12.4

Other things to consider:

• Are there any barriers to involvement or support of the project eg bad

experiences, lack of experience?

• How will these barriers be addressed?

• Are there any cultural considerations?

3.3 Encouraging participation

There are many reasons why people do not get involved in engagement activities. We

need to ensure that suitable approaches are made to ensure inclusive participation.

Some of the reasons for non-participation include:

• Lack of clarity around the problem/issue to

be solved.

• Poor communication and lack of awareness.

• Bad experiences.

• Perception that it will not make a difference.

• Accessibility - venue, time, holidays etc.

The development of engagement plans should

consider the timing and impact of other Council

projects to ensure that the community interest is

not diminished due to conflicting time demands.

A stakeholder communication plan is required to

reach out to these groups and stakeholders. Each

stakeholder group may have different communication needs. A single advert in the

local newspaper is unlikely to attract all the potentially affected people.

Strategies are needed to:

• Reach them.

• Inform them.

• Demonstrate the benefits of being involved.

• Build relationships.

3.4 Matching stakeholders and issues

Using the template overleaf (also included in Toolkit), complete a stakeholder analysis

including:

• Identifying any key issues.

• Conducting an internal assessment of impact.

• Identifying key stakeholder groups.

• Their likely level of concern.

• Their area of interest.

Issues important

to stakehold

ers

Issues that can be

addressed in this

process


ITEM 12.4

• Any key contacts.

Having completed the stakeholder analysis it

may be necessary to revisit the project objective and issue to be addressed to ensure

that this statement is consistent with the problem

as identified by the stakeholders.

It may also be necessary to confirm what

is 'in scope' and what 'is not'.

Diagram 1 – extract from IAP2 module 1 training manual 2006


ITEM 12.4

Stakeholder Analysis

Issue

Internal assessment of level of

impact 0=none, 1=low,

2=moderate, 3=high, ?=unknown

Stakeholders

Stakeholder Group Level of Concern 0=none, 1=low,

2=moderate, 3=high, ?=unknown Area of Interest eg location, area Key Contacts


ITEM 12.4

Step 4 - Level of Impact

Step 4 focusses on determining the level of impact of the proposed project or issue.

The Community Engagement Matrix is based on four (4) impact levels, where impact

relates to the 'effect of an action or change on the community'. The impact levels are

as follows:

Level of Impact Brief Description Level 1 (High – Devonport) High level of impact on the whole or a large part of Devonport.

Level 2 (High – Local) High level of impact of a local nature, eg a local area, specific community or

user group.

Level 3 (Lower – Devonport) Lower level of impact on the whole or a large part of Devonport.

Level 4 (Lower – Local) Lower level of impact of a local nature, eg a local area, specific community or

user group.

These levels are based on the assumption that any project, issue, service or action will

have some real or perceived impact on the community.

To determine the level of impact, staff will firstly need to determine the community

group/s and stakeholders that are affected by the project, issue, service or action. It

may be appropriate to involve other Council staff in making these decisions and the

approach to involving other staff should be determined early in the process.

The criteria that staff should use to determine the level of impact of a project, issue,

service or action is provided on the following page. Examples of activities across

Council are also provided to assist staff to more accurately make their decision.

At any time during a project, issue or action, it may be necessary to reassess the level of

impact and vary the engagement approach accordingly, due to a change in the

situation or recognition of implications.


ITEM 12.4

Criteria for Determining Level of Impact

Use the following criteria to determine the likely level of impact of your project, issue,

service or action.

Level of Impact Criteria (one or more of the following) Examples Level 1

High Impact -

Devonport

• High level of real or perceived impact or

risk across Devonport

• Any significant impact on attributes that

are considered to be of high value to the

whole of Devonport, such as the natural

environment or heritage

• Any impact on the health, safety or well

being of the Devonport community

• Potential high degree of controversy or

conflict

• Likely high level of interest across

Devonport

• Potential high impact on State or

regional strategies or direction

• Council's Strategic Plan

• Devonport Planning Scheme 1984 (Devonport

wide)

• A change to land categorisation, ie

community to operational land

• Strategy Plan, eg Youth, Stormwater,

Cemeteries

• Removal of a facility or service catering

across Devonport, eg recreation facility

• Provision of a facility, eg skate park, indoor

sports centre

• Key changes to Devonport wide services, eg

Waste Management

• Changes to or impact on natural bush land or

waterway (where the natural values could be

affected)

Level 2

High Impact -

Local

• High level of real or perceived impact or

risk on a local area, small community or user

group/s of a specific facility or service

• The loss of or significant change to any

facility or service to a local community

• Potential high degree of controversy or

conflict at the local level

• Devonport Planning Scheme 1984 (localised

change)

• Removal or relocation of a local playground

• Change to or loss of valued activity or

program, eg local youth activity

• Re-development of a sports ground

• Proposed removal or development of small

park

• Local street road closure

• Increase or removal of car parking in local

shopping centre

Level 3

Lower Impact -

Devonport

• Lower, although still some real or

perceived impact or risk across Devonport

• Potential for some controversy or

conflict

• Potential for some although not

significant impact on State or regional

strategies or directions

• Improvements to a Devonport wide service,

eg Emergency Services

• Upgrade of a facility, eg Devonport Aquatic

Centre

• Changes to Customer Service processes, eg

payment of rates

• Most changes to fees and charges (unless

contentious)

• Provision of a community wide event

• Review of community needs, eg Annual

Survey, recreation needs assessment

Level 4

Lower Impact -

Local

• Lower level of real or perceived impact

or risk on a local area, small community or user

group/s of a specific facility or service

• Only a small change or improvement to

a facility or service at the local level

• Low or no risk of controversy or conflict

at the local level

• Upgrade of a local playground

• Local street or streetscape upgrade

• Changes to a local activity program, eg

timing or venue/location


ITEM 12.4

Step 5 - Level of Community Participation

Having decided on the level of impact, the next step is to determine the level of

community participation that is appropriate for the particular project, issue, service or

action. Not all 'high impact' projects or issues will require a high level of community

involvement or collaboration, although some will. Due to the diversity of activities in

Council, staff need to have flexibility in making this decision.

It then becomes the responsibility of staff to fully understand the impact of their project

or issue on the community and to select the appropriate level of community

participation to match the situation.

Five (5) levels of community participation have been developed, based on the level of

involvement of the community. These levels are based on the IAP2 spectrum and

defined below.

Level of

Participation Definition Examples Inform One way communication

providing balance and

objective information to assist

understanding about

something that is going to

happen or has happened

Advising the community of a situation or proposal

Informing on a decision or direction

Providing advice on an issue

No response is required, although people are free to seek

a further level of participation

Consult Two way communication

designed to obtain public

feedback about ideas on

rationale, alternatives and

proposals to inform decision

making

Undertaking market research to identify needs or issues

Seeking comment on a proposal, action or issue

Seeking feedback on a service or facility

Requiring a response, but limited opportunity for dialogue

Option for people to seek a further level of participation

Involve Participatory process

designed to help identify

issues and views to ensure

that concerns and aspirations

are understood and

considered prior to decision

making

Involving the community in discussion and debate

Ensuring informed input through briefings and information

Adopting a more personal and innovative approach

through personal contact and meetings/sessions that

encourage participation Involving at different times in the planning process, ie

keeping informed and enabling further comment

Collaborate Working together to develop

understanding of all issues

and interests to work out

alternatives and identify

preferred solutions

Establishing a structure for involvement in decision

making, eg committee

Enabling ongoing involvement and keeping informed

Allocating responsibility in achieving initiatives

Empower Empowering the community

to develop solutions and

implement them

Joint ventures

Citizen juries

Note: It should be noted that the 'empower' level on the spectrum has limited

application in Local Government as the elected Council are the decision making body.

However there may be occasions where non financial empowerment may occur.

The likely link between 'level of impact' and 'level of participation' is provided on the

following page to assist staff in their assessment. To ensure the appropriate level of

community participation, staff also need to consider specific legislative requirements

and other relevant Council policies.


ITEM 12.4

Guide for Determining Level of Participation

Use the following chart to assist in determining the appropriate level of community

participation relative to the likely 'level of impact' of a project, issue, service or action.

As highlighted by the chart, more than one level of participation will generally be

required. It should be noted that the order of undertaking the different levels of

participation will vary with each project. For example, it may be appropriate to seek

information before informing the community.

For high impact projects or issues that affect the whole of Devonport e.g. Stormwater

Strategy, Open Space Strategy, etc engagement activities should be considered to

include areas across the LGA.

Level of Impact

Level of Participation

Generally Required The Exceptions Level 1

High Impact - Devonport

Inform

Consult

Involve

Collaborate

In an emergency situation, it may not be feasible to involve

the community or seek information prior to action.

A formal collaboration approach may not always be

appropriate. This will only be essential where an ongoing

involvement and community commitment is sought.

Level 2

High Impact - Local

Inform

Consult

Involve

There will be times when collaboration will be beneficial, eg

community involvement in fund raising for a facility.

Level 3

Lower Impact - Devonport

Inform

Consult

Involve

It will not always be necessary to involve the community. For

example, a review of needs may only require a survey,

particularly if the community has been involved previously.

Level 4

Lower Impact - Local

Inform

Consult

There will be times when staff will want to involve program or

activity participants in planning or deciding on changes (to

achieve a sense of ownership).

At times it may be advisable to involve a local community in

planning or decision making to avoid the risk of a project or

action becoming a greater issue.


ITEM 12.4

Step 6 - Methods and Tools for Engagement Step 6 ensures that appropriate methods and tools are used to engage the community. Use the Matrix on the following page to decide the specific types of engagement that are appropriate for the chosen Impact Level and for the desired level of community participation. In particular: 1. Select the desired level/s of participation in the left hand column. 2. Move to the appropriate Impact Level column. 3. Be guided by the symbol in that column. The symbols are intended to have the following meaning: Essential (the task must be undertaken). Desirable (the activity will be considered and selected as appropriate in the development of a flexible and tailored engagement plan). May be Appropriate (task may be appropriate depending on the situation). Staff will need to use the chart overleaf to identify the most appropriate methods and tools in developing the engagement plan. It should be noted that the plan will vary depending on the nature, complexity and impact of the issue or project and the selection of appropriate tools will vary accordingly. The Matrix is divided into five (5) sections linked to level of participation, ie: • Inform • Consult • Involve • Collaborate • Empower Appropriate engagement types/tasks are listed under each level of participation. Symbols have then been allocated firstly for the overall level of participation, ie inform, consult etc, and then for each of the engagement types/tasks. It should be noted that the recommended engagement approach for a 'level of participation' will not necessarily match the specific tasks. For example, if a level of participation such as 'informing' is designated as essential, this does not mean that a specific task will also be essential. Instead it means that 'in general' the level of participation must be undertaken and that one or more of the specific tasks must be selected by staff to achieve this.


ITEM 12.4

Table – Types of Engagement

Type of Engagement

Level 1

High Impact -

Devonport

Level 2

High Impact -

Local

Level 3

Lower Impact -

Devonport

Level 4

Lower Impact -

Local INFORM

Personal telephone contact

In person meeting

Written, correspondence, mail outs

Fact sheet, brochure

Letter box drop

Notice/Advert in local paper

Notice in newsletter

Media release

Site display

Displays (eg shopping centre)

Info sessions/briefings

Social media

Email – Community Email Register

Web site – info/updates

Banners/posters/signs

CONSULT

Suggestion box

Telephone survey

Written survey

Hotline/phone-in

Letter/media promotion inviting

submissions

Public exhibition

Interview

Focus group session

Public meeting

Feedback form

Online discussion forum

INVOLVE

Meetings with key stakeholders

Meeting with target community groups

eg parents, youth, aged, businesses,

disabled, CALD

Workshop session

Site tour/meeting

Public art session

Community forum/debate

Community committees

Deliberative polling

COLLABORATE

Community summit

Strategic reference groups

Working party/panel/task force

Joint Advisory Committees

= Essential= Desirable= May be Appropriate

Where there is no symbol, this means that the type of engagement may not be appropriate for the Impact Level.

This list includes the main tools and techniques that Council uses for community engagement. There are many

other tools and techniques that can also be considered.


ITEM 12.4

Examples – Types of Engagement

The diagram below demonstrates graphically where different methods and tools may sit

on the spectrum taking into account the level of impact/risk and the complexity of the

topic or issue.

Adapted from Les Robinson 2002

Empower

Collaborate

Involve

Consult

Inform

Citizen Jury

Community

summit

Working party

Visioning

Strategic

Reference

Groups Deliberative polling

Meetings with

stakeholders

Public Art

Community

Committees

Workshops Community

forums

Design

workshop

Charrette

Public hearing Telephone survey

Focus groups

Online forum

Call for

submissions/

exhibition

Social media

Feedback forms

Paper survey

Suggestion box

Info session

Media campaign

Fact sheets

Email/letters Letterbox drop

Website

Simple Complex

Lev

el o

f im

pa

ct/

risk

Topic/information

Low

High


ITEM 12.4

Inform

The following chart is provided to help staff define their specific approach to

engagement, particularly where the Matrix identifies an engagement task as 'desirable'

or 'may be appropriate'. The chart provides a brief description of each type of

engagement and highlights the benefits and the constraints of the approach.

INFORM

Type of

Engagement Description Benefit Constraint Personal telephone

contact

Informal unstructured

information exchange

Limited capacity to

discuss issues

Opportunity to

exchange basic information

Tend to be customer

initiated

No formal

record/tracking of information

In person meeting Informal/semi formal

discussion either one-to-one

or in a small group

Capacity to discuss

issues and exchange different

points of view

Opportunity to

develop rapport with

community

Tend to be customer

initiated

Limits the number of

people accessing information

Written,

correspondence,

mail outs

Personally addressed letter

informing residents of a

project, issue, service or

action

All affected people

receive the same information Record of

communication

Generally cost

effective

Assumes literacy levels

of residents

Fact sheet,

brochure

A leaflet designed to

provide information on a

particular item

Enables presentation of

the facts (ensuring an

informed community)

Potential to create

greater interest through

appealing presentation

A more costly exercise


of residents

Letter box drop Mass produced

communication to affected

people

All affected people

receive the same information

Affordable broadcast

of information


of residents

May be perceived as

'junk mail' and ignored

Notice/Advert in

local paper

Paid advertisement in local

Newspaper

A method of advising

all residents

Assumes

interested/affected people

will read the paper

Notice in newsletter Article in Council or other

community newsletter

A method of advising

some

residents

Depends on circulation

of newsletter

Media release News story in the local paper Creates interest in an

issue

through local media

Depends on media

reporting Risk of

misrepresentation

Site display On-site information board

describing proposed

development/activity

Places information in

local area which is accessible

to affected residents

Impact of information

depends on the quality of the

display

Displays in other

locations (eg

shopping centre)

Visual and/or auditory

information is placed in areas

of high public use

Potential to capture

and inform a wide cross

section of the community

Dependent on quality

of display

May be a high cost if

display is supported by staff to

explain/answer questions

Info sessions/briefings Community meetings to

provide information on key

projects and issues

Can address and

inform large numbers of

community

Needs to be planned

in advance

Promotion required to

gain attendance and interest

Social media Use of technology and social

networks to raise awareness of

projects/issues

Get the message out

faster, to large numbers

Highlight selected

information

Assumes interest

Email – Community

Email Register

Email informing residents of a

project, issue, service or action

Cost effective and

timely method of contacting

residents who have requested

being involved

Assumes lists are

maintained, accurate and

inclusive

Web site – Information on Council Cost effective method Not everyone has


ITEM 12.4

info/updates website of displaying lots of

information over time

access to internet

Banners/posters/

signs

Signs to raise awareness of

events/projects

Provides broad

awareness of projects/events

Can be costly and

time consuming to hang etc

Consult

CONSULT

Type of

Engagement Description Benefit Constraint Suggestion box Provision of a place for

customers to lodge

ideas/feedback

Easy to implement Will lose impact if

feedback is not provided on

suggestions

Can appear tokenistic

if used as sole source of

engagement

Telephone survey Individual phone contact to

complete a structured

interview

Provides data to

assess needs/trends

Personal approach

tends to increase the level of

response

Capacity to reach a

wide range of groups in the

community

Can be costly and

time-consuming depending

on the sample size

Need to limit question

options for ease of analysis

Excludes people who

do not have a telephone

Major surveys can

result in high 'knock back' (too

busy, invasion of personal

space etc)

Written survey Written structured survey to

gather data/information

Provides basis for

assessing needs/trends or

obtaining feedback on a

service

Enables broad or

targeted input

Attracts the interested

respondents

Can be costly

depending on sample size

Tend to be limited to

closed questions for ease of

analysis


of residents

Hotline/phone-in Time-limited opportunity for

customers to make contact

and provide feedback in a

semi-structured/informal

context

Capacity to reflect/

expand and clarify points

Relies on skilled

interviewers

Relies on publicity and

public interest

Media promotion

inviting submissions

Broadcast to community

seeking a written presentation

of views on a

proposal/concept/activity

Useful as part of a

wider engagement process

Broadens potential

information source Easy to implement

Enables formal

comments on issues

Demonstrates

commitment to resident input

Limits the opportunity

for dialogue/clarification

Attracts organised and

motivated groups/

individuals (not the silent

majority)

Public exhibition The formal exhibition of a

plan or document at key

locations for a set period of

time

Gives all people in the

community the opportunity to

view and comment on a plan

or strategy

Requires a high level of

promotion

Requires the allocation

of additional time to a

planning process

Requires motivated

people to respond

Focus group session Semi-structured interview in a

small group (with invited

representative participants)

Participants explore

and build on issues

Allows in-depth

discussion

May not be

representative of all groups

Public meeting Gathering of large numbers

of people to inform them of

an issue or enable comment/

input

Broadcast of

information to large group

Open to anyone who

has an interest

Requires good

facilitation and management

to ensure information

exchange is handled well

Risk of control or

disruption by interest groups/

individuals

Feedback form Forms - mail in or online to Provide input from Results not


ITEM 12.4

gain feedback on options those unlikely to attend

meetings

representative, can be

skewed. Forms need to be

promoted

Online discussion

forum

Online moderated discussion

forum at

speakupdevonport.com.au

Provides community to

debate issues amongst

themselves, anonymously

Results not

representative, can be

skewed. Forums need to be

promoted to gain input

Involve

INVOLVE

Type of

Engagement Description Benefit Constraint Meetings with key

stakeholders

Face to face structured/semi-

structured meeting with a

specific group - can be group

or individual

Capacity to draw out

and clarify issues of concern

Rich source of

customer information

Opportunity to

develop an action that

responds to issues

Requires a competent

and effective facilitator

Time consuming and

costly

May not be

representative of all groups

Meeting with target

community groups

eg parents, school

children, youth,

aged, businesses,

disabled, CALD

Link to an existing meeting or

formed group to discuss

broader community needs or

issues

Involves people who

would normally not have the

interest or time

Provides rich source of

information on needs and

issues within the community

Requires facilitator who

is skilled in relating to different

groups and creating an

interest in the topic

Workshop session Structured approach to

involving meeting participants

in working through an issue

and/or developing solutions.

Can be selected participants

or an open meeting, although

generally need to limit

numbers to be effective, ie 10-

30 people

Can produce a plan or

recommended actions or

obtain specific feedback on

plan or program

Enables the

involvement of all participants

Requires participants to

be open minded and

represent a diversity of

interests

Requires a skilled

facilitator Requires detailed

recording of notes

Site tour/meeting Semi-structured or

unstructured meeting at place

of issue

Opportunity for

affected parties to

view/visualize issues or

proposals

Opportunity to clarify

concerns and exchange views

Require balanced

participation to resolve issues

and make recommendations

Public art session The integration of public art

into the engagement process,

ie using public art as a tool to

encourage people to express

their ideas, views and values

A positive and creative

way to involve people

Contributes to

community development Results in an art

'product' that can be used to

enhance the urban

environment

Resources required for

materials

Requires a skilled

facilitator

Community

forum/debate

Organised speakers and

debating panels, used to

inform and facilitate informed

discussion on a topic

Participants become

informed of all aspects of an

issue

Promotes informed

thinking

Ensures managed

debate and discussion, and

the recognition that there is

more than one side to an

argument

Requires organisation

in advance.

Need to ensure

speakers give balanced view

Community

committees

Established community

committees endorsed by

Council

Structure already in

place Effective liaison with the

community

May not be

representative

Meetings only every 2-3

months

Deliberative polling Measure informed opinion on

an issue or topic

Provides robust data if

random sample of

respondents is used

Need a large number

of participants (250-600) and

hence costly Need to inform

participants to provide

meaningful response


ITEM 12.4

Collaborate

COLLABORATE

Type of

Engagement Description Benefit Constraint Community summit Large representative

community meeting - 500

Large representative

forum to gain input to help

shape strategies and plans

Costly and time

consuming

Strategic reference

groups

Formal committees that report

to Council on key strategic

areas

Run by Council and chaired

by Aldermen

Involves community

members in providing

strategic input into key areas

of Council

Need to ensure the

broad involvement of

interested individuals

May not be

representative

Only meets every few

months

Working

party/panel/task

force

Group of people selected to

work with Council to complete

a task or develop a new

service or facility

Opportunity to

maximise skills and resources

within the community

Rich source of skills and

abilities to complement the

roles undertaken by Council

Requires a skilled

chairperson to maximise the

contribution of all members

Joint Advisory

Committees

Formal committees run in

conjunction with other

organisations

Involves community

members in providing

strategic input into key areas

of Council and other

organisations

Need to ensure the

broad involvement of

interested individuals

May not be

representative

Only meets every few

months

Step 7 - Timeframes and Resources

Consider the following questions and stages in determining the time frames and

resources required in Step 7:

• Develop a timeline of the key engagement activities during the project.

Consider key dates of other activities and events that may affect the ability of

everyone to participate e.g. school holidays, special occasions, clashes with other major

events.

Early engagement is recommended for high impact projects.

Are there any legislative timeframes that may affect the time frame proposed?

Has sufficient time been allowed to promote engagement and encourage

participation?

• Develop an estimated budget required to complete engagement plan.

• Determine what skills are required and what resources are available.

Consider skills of staff and if necessary use external consultants to provide or support

the process.

If the project is high impact and likely to be controversial, consider the use of an

independent facilitator/consultant to ensure a balanced and neutral approach.


ITEM 12.4

Step 8 - Feedback and Reporting

• Feedback

Detail how and when each stakeholder group (participants, community, council

and staff) will receive feedback during the project and after completion.

Ensure that feedback is accessible to all stakeholders.

Offer to capture the contact details of all stakeholders and community members

that would like to be involved or who participate in the process and maintain this

information.

Ensure that these contacts are kept up to date with progress at key stages and

send details of the Council report and date to all those who participated. This will provide

feedback and encourage attendance at Council meetings if required.

• Considered outcomes and reporting

Define the outcomes that are expected from the approach and how the final

outcomes will be documented and circulated.

What will happen to ensure that the opinions and views of those engaged will be

taken into account when the decisions are made?

Who will make the final recommendations and decisions and how will these be

reported to Council?

Step 9 - Evaluation

Evaluation is an important part of continuing to develop and improve community

engagement processes.

controversy

risk effort

Stage 1 Stage 2 Stage 3 Stage 4

Involve

Consult

Inform

Collaborate

Time

Inform


ITEM 12.4

Feedback and monitoring should be encouraged throughout the entirety of the

engagement process. The evaluation should focus on both the outcomes and process of

community engagement.

An evaluation summary should be completed for all major, high impact projects

including - summary of project, the process and key outcomes. This summary should be

provided to participants and on website.

Key Protocols

There are a number of Council protocols that need to be taken into consideration when

undertaking engagement activities. The protocols for different types of engagement are

as follows and are also outlined in the 'how to' sections of the Toolkit:

Written Correspondence

Written correspondence that refers to Council policy or makes a decision or

commitment on behalf of Council must be endorsed by your Manager and Assistant

General Manager.

All correspondence received by Council from the community or other stakeholders

should be responded to within seven (7) working days.

Refer to Council Customer Services Policy.

Brochures and Leaflets

Final copies of all brochures and leaflets should be sent to Communications for

reference and recorded in TRIM.

All brochures and leaflets must be endorsed by your Manager and in some cases

Assistant General Manager.

Refer to Devonport City Council style guide for usage of Council logo.

Templates for brochures and leaflets are found on the intranet.

Letter Box Drop

• Aldermen should be made aware of any material that is being distributed within the

community.

• Any material distributed to the community should be clearly defined, including the

logo and design consistent with the Council's image.

Media Release

• Refer to Council’s Communication and Media Policy.

Information Displays and Public Exhibitions

• Any displays or material should be clearly defined as belonging to Devonport City

Council, including the logo and design consistent with Council's image.

Community Surveys


ITEM 12.4

• Community surveys that relate to the whole of Devonport or a priority issue should

be endorsed by the Assistant General Manager and in some cases the Executive

Management Team.

• Aldermen should be provided with a copy of community surveys prior to distribution.

Hotline/Phone-in

• All hotline/phone-ins must be endorsed by the General Manager.

Community Meetings (public meetings, workshops, targeted meetings)

• Aldermen should be made aware of all meetings and workshops that involve the

broad community or relate to a project of Council significance. Information is to be

distributed in the Friday Aldermen’s Communique.

• The Mayor and Aldermen’s diaries should be checked when arranging a relevant

meeting/workshop. Meetings and workshops should not clash with Council meetings or

key Council events.

• A summary of meeting notes should be sent to participants and Aldermen within 10

working days, to maintain the interest and to show a professional approach.

Community Committees

• Proposals for Community Committees must be reported to Council for

endorsement.

• Community Committees will have specific Terms of Reference and will be for a

specific term.

Joint Ventures

Any proposal for a joint venture (financial or otherwise) must be reported to Council

for endorsement before proceeding.

Bulk emails or SMS

Bulk emails or SMS messages to community groups must be approved by your

Manager prior to sending.

Bulk emails from the Community Email Register should be centrally coordinated

to avoid conflicting and multiple messages from Council.

Online Discussion Forum

Online discussion forums using speakupdevonport.com.au must be approved

by your Manager.

Social Media

• Refer to Council Social Media Policy.

• Material and questions to inform online engagement are to be sent to

Customers and Community Executive Assistant.


ITEM 12.4

Attachment 1 - Community Engagement Plan Checklist

Attach this checklist to your project plan.

Pro

jec

t Te

am

Project Engagement Co-ordinator

(Name, Title, Department)

Project Title (Issue, Service or

Action)

(Title and/or Brief Description)

Project Management

How will the project be managed?

Is there a project team?

Will other staff be involved, and if

so, who and how?

1. P

urp

ose

an

d O

bje

ctive

s

Purpose and Objectives for the

community engagement

Background

Brief summary of the project

background.

Key Issues

Identify any key issues?

2. S

tak

eh

old

ers

Stakeholders

List the main community and

stakeholder.

Complete stakeholder analysis.

3. Im

pa

ct

Level of Impact

Using the Matrix - what is the ‘level

of impact’ of the project, issue,

service or action? Tick one.

Level 1 (High - Devonport)

Level 2 (High - Local)

Level 3 (Lower - Devonport)

Level 4 (Lower - Local)

4. P

art

icip

atio

n

Levels of Community Participation

What are the appropriate? - refer

to IAP2 spectrum

Tick as many as required

throughout project.

Informing

Consulting

Involving

Collaborating

Partnerships


ITEM 12.4

5. M

eth

od

s a

nd

To

ols

Engagement Methods, Tools

Select the most effective

techniques to engage target

groups at each stage of the project

and for each level of participation.

See template.

Access Plan

Ensure needs of groups with special

requirements are met - accessibility,

language, cultural, hearing, sight

requirements etc.

6. T

ime

tab

le a

nd

Re

sou

rce

s

Timeframe

Create a timeline of each

engagement activity throughout

the project.

Costs and Resources

What are the estimated costs?

What resources do we have?

Who will conduct the activities?

7. F

ee

db

ac

k &

Re

po

rtin

g

Feedback

How and when will the community,

participants, council and staff

receive feedback during the

project and the outcomes?

Reporting

How will the final outcomes be

documented and circulated?

What are the expected outcomes

of the approach?

8. E

va

lua

tio

n

Evaluation

Who was involved, methods used,

timeframes, information provided,

costs.

How will you assess the success of

the engagement?

Other


ITEM 12.4

Definitions

Definitions for key terms that are used in this Community Engagement Matrix and not

previously defined in the document are outlined below:

Key Term Acronym Definition Community Includes all the people who live, work, study, own property, conduct private or government

business, visit or use the services, facilities and public spaces and places of the Devonport

area. The community can be referred to as stakeholders or comprise of stakeholders.

Engagement A broader term which includes all levels of including the community in decision making.

Consultation is one level of engagement.

Consultation Is a process of community engagement that seeks to inform the community or draw out the

views and preferences of the community. These views are used to inform decision makers and

should provide a guide to decision making.

Communication Generally refers to the exchange of information from Council to the community, and can also

include the exchange of information or views from the community to Council.

Level of Impact The degree to which a community is affected or serviced by a decision.

Community Participation The degree to which a community is involved in planning or decision making.

Devonport (Impact Level) Where a project, issue, service or action:

Relates to all people living or working in Devonport, or

Relates to a significant proportion of people, or

Has the potential to impact on other facilities or activities within Devonport

Local (Impact Level) Where a project, issue, service or action primarily relates to a local community or a group of

users of a specific facility or service.

IAP2 International Association of Public Participation www.iap2.org.au

Submission A submission is a formal response to a public document made during the public exhibition

period.

IAP2 Public Participation Spectrum

Inform Consult Involve Collaborate Empower

Community

engagement

objective

To provide the

community with

balanced and

objective information

to assist them in

understanding the

problem,

opportunities and

solutions

To obtain public

feedback on analysis

and/or decisions

To work directly with

the community

throughout the

process to ensure

that concerns and

aspirations are

understood and

considered

To partner with the

community in each

aspect of the

decision including

the development of

alternatives and

identification of the

preferred solution

To place the final

decision making in

the hands of the

community

Promise to the

community

We will keep you

informed

We will keep you

informed, listen to

and acknowledge

concerns and

aspirations, and

provide feedback on

We will work with you

to ensure that your

concerns are

aspirations are

directly reflected in

the alternatives

developed and

provide feedback on

how community

input influenced the

decision

We will look to you

for advice and

innovation in

formulating solutions

and incorporate your

advice and

recommendations

into the decisions to

the maximum extent

possible

We will implement

what you decide

Example

techniques

Fact sheets

Web sites

Info sessions

Public comment

Focus groups

Surveys

Public meetings

Workshops

Deliberative polling

Citizen advisory

committees

Consensus building

Citizen juries

Joint Ventures

Ballots

Delegated decisions

Adapted from Community Engagement Matrix Warringah Council 2010


ITEM 12.5

12.5 Memorandum of Unders tanding - Tasmani an Communi ty R esources

12.5 MEMORANDUM OF UNDERSTANDING - TASMANIAN COMMUNITY

RESOURCES

File: 23456 D275990




Strategy 5.1.4 Develop and maintain partnerships and advocate for improved

service provision, funding and infrastructure

Strategy 1.2.1 Support the conservation and maintenance of biodiversity corridors

including coastal landscapes and preserve areas of remnant

vegetation

PURPOSE To consider entering into a Memorandum of Understanding with Tasmanian Community

Resources Inc (TCR), formerly Mersey Natural Resource Management Inc.

BACKGROUND Since 2000 Council has partnered with TCR to improve natural resource management

outcomes across Devonport. Council increased its annual contribution to the organisation

from $14,000 to $25,000 in September 2008 (vide Res No 285/08). The proposed

Memorandum of Understanding outlines the collaborative arrangements between

Council and TCR for 2012-13 in recognition of Council’s annual contribution.

COMMENTARY Under the Memorandum of Understanding TCR will provide on-ground works support,

expert advice, and training to community members in conservation and land

management. TCR shall also promote Council’s support on their web site, in their Annual

Report, letterhead and promotional flyers, as well as in displays at community events.

Council’s responsibilities include providing a range of community and Council on-ground

projects, promoting TCR’s aims and services to the community and advising of any

relevant protocols prior to completing any works. Council also provides an officer on the

TCR Board.

Specific on-ground projects to be delivered by TCR for Devonport City Council are

outlined in Schedule A of the Memorandum of Understanding. Priority works include:

Works Depot bush land feral tree removal and weed control;

Don River willow removal (private property – requires permission);

Don Reserve feral trees and weed control;

23 Durkins Road weed control;

Kelcey Tier Greenbelt weed control; and

Spreyton Racecourse weed control (liaison required with lessee).

The Memorandum of Understanding covers the period of 1 July 2012 to 30 June 2013. Prior

to 31 March 2013 the MOU will be reviewed by both parties, as to how it has met its

objectives and if both parties are satisfied be extended for a mutually agreed period.


ITEM 12.5

FINANCIAL IMPLICATIONS Council’s annual contribution to TCR of $25,000 has been allocated in the 2012/13

budget.

RISK IMPLICATIONS Assets, Property and Infrastructure

Inappropriate use of plant and equipment by TCR staff and volunteers or illegal

access to private property/leased property to undertake specified works is deemed

to be a low risk. TCR to ensure all staff and volunteers undertaking on-ground works

receive appropriate training and certification where required. Council to ensure

permission obtained on private property and leased properties prior to undertaking

works.

Professional Indemnity/Public Liability

Injury to TCR staff and volunteers while undertaking on-ground works on Council land

is deemed to be moderate. TCR to follow their organisation’s risk management

policies and ensure public liability insurance is current.

CONCLUSION The signing of a Memorandum of Understanding with Tasmanian Community Resources

Inc will improve accountability and collaboration between Council and TCR on natural

resource management outcomes.

ATTACHMENTS

1. Memorandum of Understanding - Tasmanian Community Resources

Recommendati on

RECOMMENDATION

That Council enter into a Memorandum of Understanding with Tasmanian Community

Resources Inc.

Memorandum of Understanding - Tasmanian Community

Resources

ATTACHMENT [1]

ITEM 12.5

MEMORANDUM OF

UNDERSTANDING

Tasmania Community Resources Inc.

(TCR)

and

Devonport City Council

(DCC)

July 2012- June 2013


Resources

ATTACHMENT [1]

ITEM 12.5

MEMORANDUM OF UNDERSTANDING

Tasmania Community Resources Inc. (TCR) and Devonport City Council (DCC)

1. The Intent of the Memorandum of Understanding (MOU)

The intent of this MOU is to cover the collaborative arrangements between TCR and the DCC

engaging Work Experience (WE)/Early School Leaver (ESL)/Unemployed (UE) participants

and TCR employees to undertake a series of Council and Community Projects identified by

both parties from July 2012 until June 2013 in recognition of the annual contribution of

$25000 exclusive of GST made by DCC in July 2011.

2. Objectives and scope

This collaboration is to work together to enable council and community projects that may not

have otherwise been undertaken or may have incurred stakeholder’s additional expense in

order to:-

Build community capacity and a ‘We Can!’ approach in undertaking identified

community projects using WE/ESL/UE participants,

Develop skills, self-esteem, capacity and capabilities of participants that may not

necessarily have been achieved without ‘hands-on’ experience,

Aid in the continuance of TCR’s social enterprise where community’s are prepared and

capable of helping themselves through appropriate guidance, training and resource

support to improve resourcefulness, sense of purpose and pride in approach, attitude and

application on any community project undertaken,

Ensure the effective delivery of ‘Taxpayer’ funded employment initiatives for participants

on community supported projects,

Allow participants to fulfil practical and theory requirements of the Cert II Conservation

and Land Management Course, recognising that some participants gain more knowledge

from ‘action’ learning than ‘theory based.’

Utilise TCR’s capacity and capability as an on-ground natural resource management

provider to undertake works identified by council.

This partnership is an innovative sub-regional initiative, which is unique in Tasmania and

allows TCR to undertake a variety of beneficial council and community projects and activities

under a social enterprise model.

Social enterprises are organisations that:

1. Are led by an economic, social, cultural, or environmental mission consistent with a

public or community benefit;

2. Trade to fulfil their mission;


Resources

ATTACHMENT [1]

ITEM 12.5

3. Derive a substantial portion of their income from trade; and

4. Re-invest the majority of their profit/surplus in the fulfilment of their mission

Also unique are the outcomes achieved by this partnership in terms of:

1. Level of leverage on funds invested by the councils into the partnership,

2. Resources and capability available to the councils/community such as:

Plant and equipment pool,

Labour pool,

Knowledge, experience, networks and systems

3. What type of on-ground works can TCR undertake?

Weed spraying, cut and paint, weed removal/brush cutting

Feral tree removal incorporating portable sawmilling to recover timber and reduce carbon

emissions as an alternative to burning

Fencing – wire and paling types

Installing paths, boardwalks, lead-ins, walkways etc

Constructing potato bins, pallets, outdoor tables & seats

Drainage maintenance/erosion controls, Flood mitigation, willow removal, general clean

ups, tree planting, seed collection, chainsaw training/operation, slashing

In addition to the above the TCR provides advice, planning and supervision to landowners

and community groups on NRM approaches to water, soil, tree, estuary, weed and plant

management.

Endeavour’s wherever possible to place work experience/training participants into full or

part-time employment through our business networks.

4. Nature of Collaboration

The arrangements agreed upon are outlined below.

Tasmania Community Resources Inc. will undertake the following:-

4.1 Resource Acquirer

TCR has some legal status attributes that allow it to attract resources either in the form of

funds or other resources including labour to the sub-region that would not be available to

Councils in their own right such as:-

i. Not for profit community based organisation.

ii. Deductible gift recipient status

iii. Incorporated association

iv. Social enterprise status

4.2 Resource Pool

TCR owns, maintains and seeks to continually expand a resource pool of:

Plant and equipment

Insurances, both public/product indemnity, contract works and workers compensation.

Specialist skills, experience and associated licenses


Resources

ATTACHMENT [1]

ITEM 12.5

Business equipment and associated infrastructure

Labour pool through both paid staff and participants allocated through Federal

Government work experience type programs

Contracting staff with appropriate licences

Training accreditation

This stand alone pool of resources in terms of systems, personnel, experience and equipment

could not be economically justified if owned and maintained by councils in their own right.

Yet TCR can respond to a council’s needs typically in less than a day if required.

4.3 Facilitator/specialist advice provision.

Another key service that TCR provides community groups and the general public is assisting

in writing grant applications, accessing specialist advice, or acting as the sponsor organisation

for groups who do not have the legal status or financial control systems to manage such

grants.

TCR also provides advice on specific issues such as chemical application or taps into its

established networks for such advice.

Over the past decade TCR has developed substantial experience in a range of areas and an

overview of these activities and where they fit into delivering community social and

environmental outcomes.

4.4 Knowledge and Network Broker

TCR’s long term involvement in a diversity of activities across national and state programs

including labour market, environmental, community development and training has enabled

the organisation to develop an extensive network and continually receives information,

reports, publications and other forms of updates on a wide variety of topics other than natural

resource management.

The information TCR receives and provides varies from weed control advice, grant and

program availability, vegetation advice, appropriate project management techniques, river

works, employment generation opportunities, business systems, contact information or access

to library resources held by TCR.

4.5 Implementer

TCR is a ‘one-stop-shop’ for undertaking on-ground works ranging from chainsaw operation

and tree falling/removal, weed removal, weed spraying, construction of paths, walkways,

beach access points, fencing, tree planting, timber production, earthworks, construction of

outdoor furniture etc.

These works are undertaken on either a:-

Commercial ‘fee for service’ basis

Training exercise using unemployed/ other work experience type labour, or a

Mixture of the two

This is the role/task for which TCR is most recognised and the area that has “top of the mind”

awareness for those who know of the organisation.


Resources

ATTACHMENT [1]

ITEM 12.5

This role, depending on the circumstances, is either undertaken on a commercial basis, or by

supplying the service as a community resource at minimal or no charge or a mixture of the

two.

The one-stop-shop approach for undertaking on-ground works is made possible by a

combination of the resources pool, both equipment and labour, and the knowledge and

experience and systems developed in the organisation over the past decade.

4.6 Social enterprise

The commercial operations assist TCR meets its fixed costs, maintain resources as a

community asset, provide employment and add value to the community through improved

environmental benefits that result from our involvement.

4.7 Training

TCR has provided training and accreditation on an ongoing basis since 2001 both in its own

right and in conjunction with a variety of other organisations such ORS Group Training and

Greening Australia.

Training has typically been in the practical skill areas such as plant and equipment/chainsaw

operation etc. Training is offered both internally within the organisation as part of the Cert II

Conservation and Land Management Course and also to outside participants.

Outside participants have typically been trained on a commercial fee basis.

The exception has been community group members that often receive pro bono training by

fitting them into an existing course.

4.8 Promotion and Publicity

Devonport City Council’s collaborative arrangement will be recognised on TCR’s web site,

Annual Report and promotional flyers.

Include Council logo on TCR letterhead and acknowledge support at workshops,

facilitation/information sessions, displays conducted with community groups and council

stakeholders.

Devonport City Council will:-

Provide community/council projects for inclusion in TCR’s works program and listed in

Schedule A of the MOU as an integral collaboration in achieving social, environmental

and natural resource management outcomes in accordance with council’s strategic plan.

Promote TCR’s aims, objectives and services to Council stakeholders and community

groups.

Advise TCR of any council protocols, procedures, policies, inductions etc required prior

to undertaking a project.

5. Specific administrative/financial/feedback/reporting arrangements

The following specific arrangements are committed to:


Resources

ATTACHMENT [1]

ITEM 12.5

Reporting – Ensure parties to the MOU have explicit knowledge and understanding of

their respective reporting responsibilities.

Insurances – Ensure existing policies recognise intentions of the MOU including public

liability, professional indemnity, Industrial special risk etc as required by OH&S,

WorkSafe Tasmania, Local Government Act 1993 and other regulations.

TCR will provide a written report of on-ground and other activities undertaken in the

Devonport municipality, including those project items listed in Schedule A, at the end of

the term.

6. Timeframe

This MOU will cover the period of 1 July 2012 to 30 June 2013. Prior to 31 March 2013 the

MOU will be reviewed by both parties, as to how it has met its objectives and if both parties

are satisfied be extended for a mutually agreed period.

7. Risks

The following risks and strategies to manage them have been identified:

Tenancy/Access/Plant and Equipment arrangements – Ensure parties to the MOU have

explicit knowledge and understanding of their respective roles, rights and responsibilities.

8. Terms and conditions

TCR must ensure that its employees do not represent themselves as being employees,

partners or agents of DCC and vice versa.

This MOU is not intended to create a formal partnership or joint venture between the

parties. DCC is not, by virtue of this MOU, to be deemed to be an employee, partner or

agent of TCR, and vice versa.

Other terms and conditions may be added where the nature, scope, risks and scale of

the collaboration indicate that this is appropriate and with mutual consent.

Signed on behalf of the parties by;

A W Ford I McCallum

CEO General Manager

Tasmania Community Resources Inc. Devonport City Council

Date: Date:


Resources

ATTACHMENT [1]

ITEM 12.5

SCHEDULE A – Devonport City Council Projects 2012/13

Priority Projects:

Works Depot bush land feral tree removal and weed control

Don River willow removal (private property – requires permission)

Don Reserve feral trees and weed control

23 Durkins Road weed control

Kelcey Tier Greenbelt weed control

Spreyton Racecourse weed control (liaison required with lessee)

The following projects require permission from Crown Land Services and should any

other priority projects arise during the year on Council owned land, these are to take

precedence.

East Devonport Foreshore weed control – mostly sea spurge

Figure of Eight Creek estuary weed control

Waverley Road feral tree removal and weed control

Bishton’s Creek weed and willow control (current area and beyond)

Block of land between Spreyton Primary school and the Transfer Station weed

control

The former school site at Aberdeen possible tree removal and weed control (part

Crown part Council owned)


ITEM 12.6

12.6 Economic D evelopment and Events Sponsorship - Tour of Tasmani a

12.6 ECONOMIC DEVELOPMENT AND EVENTS SPONSORSHIP - TOUR OF

TASMANIA

File: 27366 D276126




Strategy 4.7.3 Attract and promote equitable distribution and sharing of financial

and other resources throughout the community

Purpose To consider Caribou Publication’s application for Economic Development and Events

Sponsorship for the 2012 Tour of Tasmania cycling event.

BACKGROUND Caribou Publications have submitted an application under the 2013 Economic

Development and Events Sponsorship grants. Applications are usually assessed by the

Financial Assistance to Community Organisation Working Group and considered by

Council at the September meeting. Given the 2012 event is to be held 2-7 October, early

consideration of the request is required.

COMMENTARY The Tour of Tasmania is a six-day state-wide cycling event. Teams of riders cover 550.8km

over nine stages, with Devonport hosting the final stage of the race, providing the

opportunity for the local community to experience an elite sporting event.

The race brings 140 competitors including international riders to Devonport, and up to

1000 spectators, plus over 110 people as race officials and support crews. It is expected

that all riders and crews will stay at least three nights in Devonport. Based on a rate spent

of $190/night for overnight stays (calculated on Tasmanian State benchmarking formula

for the tourism sector), it is estimated that these visitors inject $142,500 into the local

economy.

The Devonport stage will feature on the program Cycling Central, which airs on SBS on

Sunday evenings and has a highlights package on each tour showcasing Devonport’s

attractions. Along with standard media promotions, the Tour will be promoted on the

world's largest cycling website, the London-based cyclingnews.com, which attracts

300,000 hits per day.

Caterpillar Underground Mining is the event’s major sponsor. Events Tasmania supports the

tour, while local sponsors include the Goodstone Group and Derrico Cycles.

FINANCIAL IMPLICATIONS Caribou Publications have requested sponsorship of $13,000 for the 2012 event, increasing

annually by $1,000 over the following two years. Council has sponsored the race since

2008 with the following cash amounts.

2011/12 $12,000

2010/11 $10,000

2009/10 $ 7,500


ITEM 12.6

2008/09 $ 7,500

In addition, in kind support in the form of road closures, signage and staff liaison has

decreased annually since 2008/09 from approximately $1800 to $913 in 2011/12.

Given that event management will transfer from Caribou Publications to Cycling Australia

as of 1 January 2013 due to semi-retirement of Caribou’s director, the Financial Assistance

to Community Organisations Working Group recommends that one year of assistance be

granted. The Group further recommends that the level of support not increase from

previous years.

The balance of the Community Small Grants and Economic Development and Events

Sponsorship 2012/13 budget is $54,500. Granting $12,000 towards the Tour of Tasmania will

leave a balance of $42,500.

RISK IMPLICATIONS Environmental/Public Health

Low Risk. The event organiser must obtain and comply with all relevant Council

permit regulations and apply for appropriate approvals, including Temporary

Occupancy Certificate, Place of Assembly licence, road closures, outdoor

advertising and/or other health and safety requirements.


Low risk. The event organiser must indemnify Council for the event and provide a

copy of S10,000,000 public liability insurance.

CONCLUSION The Financial Assistance to Community Organisations Working Group seeks to improve

consistency and equity in the distribution of funds to community organisations across the

municipality. The group recommends to Council that only one year of sponsorship be

granted with no increase. Should Council support the event Caribou Publications are

required to sign an agreement which specifies the terms and conditions of funding.

ATTACHMENTS

Nil Recommendati on

RECOMMENDATION

That Council provide Economic Development and Events Sponsorship of $12,000 in

2012/13 to Caribou Publications to deliver the Tour of Tasmania.


ITEM 13.1

Technical and Fi nance R eports

13.0 TECHNICAL AND FINANCE REPORTS 13.1 Finance Repor t for Jul y 2012

13.1 FINANCE REPORT FOR JULY 2012

File: 26544 D275396




Strategy 5.5.1 Provide financial services to support Council's operations and meet

reporting and accountability requirements

Purpose To report the details of Council’s financial position.

BACKGROUND Monthly financial reports are provided to Council for information.

COMMENTARY The attached report provides an overview of Council’s financial position as of 31 July 2012.

Additional information has been provided for the new financial year regarding Councils

capital expenditure to further enhance the reporting from what was provided in the

previous year.

Included in the report are the following:

Financial Summary – The summary report provides an overview of Council’s

Operational and Capital Income and Expenditure, along with details on cash

position and Debtors information for the reporting period.

Summarised Operating Report – The report provides a summary of operational

income and expenditure for the period to date compared to both the YTD Budget

and Annual Budget.

Financial Charts – These provide a visual representation of year to date Income and

Expenditure compared to budget and prior year, plus a Capital Expenditure chart

which demonstrates the progress of the current year capital plan against budget

and prior year capital plan information for reference.

Balance Sheet Report – Provides a snapshot of Council’s financial position at the end

of the reporting period.

Capital Expenditure Report – Lists all approved capital expenditure projects with the

allocated budget, YTD expenditure and forecast expenditure including commentary

in relation to budget variances, as well as whole of project budget and cost for those

projects which span more than one financial year.

FINANCIAL IMPLICATIONS There are no financial implications arising from the presentation of this report. The report is

provided for the information of Aldermen.


ITEM 13.1


CONCLUSION The following report provides an overview of council’s operating result and financial

position at the end of the reporting period.

ATTACHMENTS

1. Capital Expenditure Report as at 31 July 2012

Recommendati on

RECOMMENDATION

That the Finance Report for July 2012 be noted.


ITEM 13.1

FINANCIAL SUMMARY YTD to July 2012

Operating Summary Annual Current

Budget Actual Budget Forecast

Revenue 25,307,000 25,295,828 33,913,596 34,023,407

Expenditure 2,912,916 2,679,987 34,773,596 34,773,596

Operating Position 22,394,084 22,615,842 (860,000) (750,189)

Capital Expenditure Summary Annual Current

Budget Actual Forecast

Capital Expenditure 21,738,573 133,570 21,738,573

Cash Information

July 2012 June 2012

Operating Account (Reconciled balance) 1,038,413 (208,778)

Interest-Earning Deposits 11,503,383 11,607,593

12,541,796 11,398,815

Debtor Information

July 2012 June 2012 Rates Debtors Ageing July 2012

22,034,892 89.6%

Rates Debtors 22,608,319 486,205 429,155

Infringement Debtors 118,543 112,566 47,537

Sundry Debtors 181,931 674,901 16,314

Planning & Health Debtors 27,705 3,602 80,421

22,936,498 1,277,274 22,608,319

Cash Investment Information

Rate July 2012

ANZ Cash Deposits 4.85% 8,998,656

CBA Cash Deposits 3.75% 2,504,726

All cash investments are invested in compliance with Council's Investment Policy. 11,503,382

Commentary

YTD

This report provides a high level summary of operational income and expenditure, capital expenditure and the cash and receivables

posit ion as at the date of the report.

The current forecast is updated on a monthly basis to reflect ant icipated changes to revenue, expenditure and net operating

posit ion. As at 31 July 2012, the forecast for both income and expenditure is expected to exceed budget, result ing in an operating

deficit of $750K. This is an improvement of $110K from the original budget result .

% of Annual

Rates

The interest-earning deposits balance includes $2.5M of grant funds received in advance for the aquatic centre redevelopment plus

$1.07M FAG grants in advance for the 2013 financial year.

2012/2013 - Current

2011/2012 - 1 Year

2010/2011 - 2 Years

2009/2010 - 3 Years

2008/2009 - Older


ITEM 13.1

SUMMARISED OPERATING REPORT YTD to July 2012

Full Budget

Budget Actual $ % 2012

INCOME Note

Rates and Service Charges 24,593,144 24,590,214 (2,930) 0.0% 24,708,288

Fees and User Charges 514,202 501,359 (12,842) -2.5% 5,749,232

Grants - Operating 4,000 4,000 - 0.0% 1,262,000 1

Contributions - Operating 5,000 100 (4,900) -98.0% 60,000 O 1

Investment Revenue 25,139 35,063 9,924 39.5% 1,524,518 O 2

Other Revenue 49,538 165,092 115,554 233.3% 609,558 O 3

TOTAL INCOME 25,191,023 25,295,828 104,806 0.4% 33,913,596

EXPENSES

Employee Benefits 978,842 975,552 3,290 0.3% 11,824,808

Materials and Services 1,193,480 837,197 356,284 29.9% 11,281,712 O 4

Depreciation 718,150 733,284 (15,134) -2.1% 8,617,800

Financial Costs 7,917 106,247 (98,330) -1242.1% 651,000 O 5

Levies & Taxes - 12,416 (12,416) #DIV/0! 2,755,464 O 6

Other Expenses 100,481 107,029 (6,547) -6.5% 701,276

Internal Charges and Recoveries (88,205) (91,738) 3,533 -4.0% (1,058,464)

TOTAL EXPENSES 2,910,666 2,679,987 230,679 7.9% 34,773,596

NET OPERATING SURPLUS / (DEFICIT) 22,280,357 22,615,842 335,485 1.5% (860,000)

Own Source Revenue: 100.0% 100.0% 96.1%

Indicator:

Variance less than 10% within acceptable limits

Variance greater than 10% - needs explanation O

Note Commentary1

2

3

4

5

6

$109K income received from the State Government to reimburse costs associated with 2011 flood damage. Adjustment made in

forecast to reflect this.

Timing of actual v budget. Traditionally materials expenditure is lower at the beginning of the year and catches up towards the end.

Variance is in Council's favour, and will be monitored closely as the year continues.

Timing of actual v budget. Loan repayment scheduled for August was processed in July, including related interest cost. Variance

will correct by the end of August.

Timing of actual v budget. Rates for Maritime Museum booked in July, but budget was for August. Variance will correct by end of

August

YTD YTD Variance

Variance Ytd is minor in total dollars. No investigations deemed necessary.

Higher balance of funds on interest bearing deposit than anticipated has resulted in greater than expected interest returns.


ITEM 13.1


ITEM 13.1

BALANCE SHEET REPORT As at July 2012

31 Jul 2012 30 Jun 2012

Current AssetsCash at Bank and On Hand 1,038,413 (208,778)

Trust Deposits 320,779 320,779

Cash Investments 11,503,383 11,607,593

Receivables - Rates and Utility Charges 22,608,319 486,205

Receivables - Infringements 118,543 112,566

Receivables - Sundry 181,931 674,901

Receivables - Planning & Health 27,705 3,602

Loans Receivable - Current 260,028 260,028

Accrued Revenue - 147,645

Prepayments 10,238 105,094

Net GST Receivable 221,201 174,900

36,290,539 13,684,534

Non Current AssetsLoans Receivable - Non-Current - -

Dulverton Regional Waste Management Authority 2,056,369 2,056,369

Cradle Mountain Water 76,754,644 76,754,644

Property, Plant & Equipment 526,679,264 526,992,060

Accumulated Depreciation - PP&E (206,749,622) (206,513,406)

Capital Work in Progress 11,978,832 12,425,409

410,719,486 411,715,075

Total Assets 447,010,026 425,399,609

Current LiabilitiesTrade Creditors 1,645,957 377,622

Accruals 230,001 2,066,879

Trust Liability 327,825 376,097

Loans - Current 948,370 948,370

Annual Leave 1,227,875 1,158,595

Long Service Leave - Current 965,160 921,453

5,345,189 5,849,014

Non Current LiabilitiesLoans - Non-Current 7,515,543 7,584,904

Long Service Leave - Non-Current 525,187 525,187

8,040,730 8,110,091

Total Liabilities 13,385,919 13,959,105

Net Assets 433,624,107 411,440,504

EquityAsset Revaluation Reserve 231,726,880 231,726,880

Asset Revaluation Reserve - Associates 1,133,672 1,133,672

Other Reserves 357,739 357,739

Accumulated Surplus 178,221,941 174,022,985

Operating Surplus / (Deficit) 22,615,842 918,730

Capital Surplus / (Deficit) (431,967) 3,280,498

Total Equity 433,624,107 411,440,504

Capital Expenditure Report as at 31 July 2012 ATTACHMENT [1]

ITEM 13.1

Capital Expenditure Report

As at 31 July 2012

Prior Budget

excl CF Prior Actual

2013 Budget

incl CF 2013 Actual 2013 Forecast

$ $ $ $ $ Commentary

Open Space & Recreation

CP0009 Open Space Management Plans 45,000 11,197 35,000 - 35,000

CP0021 Aquatic Centre - Indoor Facility Stage 2 775,000 886,606 10,275,000 14,989 10,275,000

CB0019 Signage Strategy Implementation - Year 2 20,000 13,660 50,000 - 50,000

CP0020 Kempling St Land - - 200,000 - 200,000

CP0029 Mersey River Foreshore works 11,100 18,247 97,900 3,564 97,900

CP0037 Cycling Network Strategy Action Plan Year 2 - Miandetta Link at

Formby Rd 75,000 178 75,000

CP0038 Devonport Oval - Scoreboard replacement 140,000 780 140,000

CP0039 Mersey Bluff Car Park Extension 120,000 229 120,000

CP0040 Lovett St Soccer ground No 1 irrigation 49,000 476 49,000

CP0041 Mersey Vale Master Plan works 12/13 200,000 10,349 200,000

CP0042 Clayton Drive CNBC Repatriation Project 82,000 11,115 82,000

CP0043 Madden Street Park Surface Restoration 42,000 101 42,000

CP0045 Reg Hope Park Fence & Seating (Julie Burgess) 11,000 20 11,000

CP0046 EDRC - Entry doors 14,400 28 14,400

CP0047 Meercroft Park toilets/chang room 10,000 - 10,000

CP0048 Barbecue replacement 18,000 34 18,000

CP0049 Walking Track Remediation - renewal program 60,000 200 60,000

CP0050 Victoria Parade Replace Sprinkler Heads Program 14,700 5,732 14,700

CP0051 Vietnam veterans Wall Reconstruction 26,000 155 26,000

CP0052 Park Furniture Replacement Program 10,000 - 10,000

CP0053 Aiken Head Point Walkway Replace Lighting 9,000 - 9,000

CP0054 Litter Bin Program 12/13 31,500 60 31,500

CP0055 Byard Park Toilet/Changeroom 10,000 - 10,000

CP0056 Aquatic Centre - Concrete walkway replacement 250,900 480 250,900

CP0057 Devonport Oval - Cricket Club Amenities Renewal 81,800 156 81,800

CP0058 Devonport Oval - Visitors change room showers 8,500 - 8,500

CP0059 Maidstone Park - Upgrade timber seating replacement western side

11,000 139 11,000

CP0060 Spreyton Netball Courts - resurface, S/W 204,800 412 204,800

CP0061 Devonport Rec Centre - Security 120,000 229 120,000

CP0062 SLST Report Signage 5,000 20 5,000

CP0063 Maidstone Park - Power supply upgrade 10,840 - 10,840

Total Open Space & Recreation 851,100 929,710 12,273,340 49,448 12,273,340


ITEM 13.1


As at 31 July 2012

Prior Budget


2013 Budget


$ $ $ $ $

Buildings

CB0016 Maritime Museum Enhancement Project 1,018,056 1,371,550 976,500 779 976,500

CB0024 Julie Burgess project 1,812,618 1,840,606 - 5,077 -

CB0025 Bluff Restaurant Fit out 44,742 44,742 255,258 - 255,258

CB0028 Acquisition of Crown Land 20,000 - 20,000

CB0029 Art Gallery - kitchen upgrade 10,000 - 10,000

CB0030 Art Storage Facility (Racking) 148,000 299 148,000

CB0031 Maritime Museum - Display Boxes 50,000 - 50,000

CB0032 Melrose Hall - Exterior wall clad 22,000 42 22,000

CB0033 Spreyton Hall - Exterior wall clad 15,200 29 15,200

CB0034 Mersey Bluff caravan park 150,000 1,067 150,000

CB0035 DECC - Laneway 5,100 35 5,100

CB0036 Tiagarra - toilet access ramps 10,000 - 10,000

CB0037 Automatic gate and security upgrade for Operations Centre 64,300 123 64,300

CB0038 Wenvoe Street Carpark - Building demolition 95,000 217 95,000

CB0039 WTS Access Road gravel preparation, 2 coat seal & Drainage 22,000 42 22,000

CB0040 WTS Cover over oil store 11,600 - 11,600

Total Buildings 2,875,416 3,256,897 1,854,958 7,710 1,854,958

Stormwater

CS0006 Tugrah Road K&D - - -

CS0007 Manhole Lid Replacement 12/13 25,000 48 25,000

CS0008 Torquay Road - Table Drain & Pavement upgrade 130,000 304 130,000

CS0009 Tasman St Easement Drainage 100,000 226 100,000

CS0010 Pit Replacement 12/13 50,000 96 50,000

CS0011 Minor Stormwater Works 12/13 30,000 640 30,000

CS0012 SW Outfall Risk Improvement & Renewal 12/13 20,000 38 20,000

CS0013 Turton Street SW pipe installation 80,000 153 80,000

CS0014 Waverley Rd SW drainage 33,000 63 33,000

CS0015 William St SW Catchment Upgrade - Stage 2 137,000 588 137,000

Total Stormwater - - 605,000 2,156 605,000


ITEM 13.1


As at 31 July 2012

Prior Budget


2013 Budget


$ $ $ $ $

Transport

CT0004 James & North Fenton K&C 70,000 21,976 200,000 108,768 200,000

CT0032 Sheffiled Road K&C stage 7 & 8 41,747 50,405 475,000 2,889 475,000

CT0037 Road Network Minor Works 12/13 25,000 48 25,000

CT0038 Re-seal programme 12/13 600,000 4,786 600,000

CT0039 Street Light Provision 12/13 20,000 38 20,000

CT0040 Footpath Minor Renewal in Road Reserve 12/13 25,000 48 25,000

CT0041 Stewart Street - near school crossing pavement rehabilitation 10,000 - 10,000

CT0042 Saleyards Road Pavement Reconstruction 126,000 241 126,000

CT0043 Stephen Street Renewal - Wright to Tarleton 90,000 555 90,000

CT0044 Edward Street Renewal (including Stewart Junction) 215,000 467 215,000

CT0045 Rooke Street - Oldaker to Best pavement & kerb essential renewal -

Additonal SW Upgrade req'd 195,000 373 195,000

CT0046 William - Valley intersection reconstruction 285,000 682 285,000

CT0047 Harold - Hiller Intersection reconstruction 20,000 81 20,000

CT0048 David Street K&C replacement - # 45 to 47, # 63 to 65 45,000 86 45,000

CT0049 John Street Pavement Rehabilitation Wright St to Tarleton St 175,000 683 175,000

CT0050 Madden Place Reconstruction 110,000 266 110,000

CT0051 Nicholls St/Ronald to William 431,000 884 431,000

CT0052 William Street pavement reconstruction - James to Nicholls 250,000 478 250,000

CT0053 Pedestrian Network Strategy (2012) Action Plan Implementation 15,000 414 15,000

CT0054 Road Traffic Devices Minor Works 12/13 25,000 3,645 25,000

CT0055 12/13 Devonport Road Network Strategy (2009) Action Plan

Implementation 100,000 191 100,000

CT0056 Forthside Rd Guardrails - upgrade to current standard 15,000 29 15,000

CT0057 Bellamy Road Safety Improvements 63,000 120 63,000

CT0058 Lillico Road reconstruction & widening (south of Railway Line) 80,000 851 80,000

CT0059 Kelcey Tier Road safety improvements Stage 1 111,000 626 111,000

CT0060 Forth Road Rehabilitation south of Waverley Road 50,000 180 50,000

CT0061 Best & Sorell intersection New Roundabout 220,000 476 220,000

CT0062 David-John RAB 220,000 476 220,000

CT0063 Nicholls & Gunn intersection New Roundabout 250,000 478 250,000

CT0064 Thomas & Wright intersection New Roundabout 280,000 535 280,000

CT0065 Stony Rise Rd-Tugrah Rd-Bass Hwy off ramp New Roundabout 454,000 1,660 454,000

CT0066 Fenton Street & Stewart Street Intersection Safety Improvements 100,000 215 100,000

CT0067 Bluff Road Pedestrian Crossing Improvements 76,000 145 76,000

CT0068 Forbes Street Footpath Hazard Elimination 7,000 1,258 7,000

CT0069 Watkinson Street footpath safety improvements Stage 1 10,000 - 10,000

CT0070 Mersey Road footpath 'missing link' - #107 to #111 16,000 476 16,000

CT0071 Nicholls Street 'missing link' - beside #85 Ronald St 11,000 - 11,000

CT0072 David Street new footpath - Murray St to #106 58,000 172 58,000

CT0073 Oldaker Street Footpath - Rooke to North Fenton 20,000 38 20,000

CT0074 Drew Street to Tarleton Street Footpath Renewal 25,000 48 25,000

Total Transport 111,747 72,381 5,503,000 133,405 5,503,000


ITEM 13.1


As at 31 July 2012

Prior Budget


2013 Budget


$ $ $ $ $

Plant & Fleet

CF0004 Hire Plant Replacement Plan 12/13 626,000 - 626,000

CF0005 Minor Plant Replacement Plan 12/13 93,800 - 93,800

CF0006 Fleet Replacement Plan 12/13 152,000 - 152,000

Proceeds on disposal / trade-in of assets (36,364)

Total Plant & Fleet - - 871,800 (36,364) 871,800

Other Equipment

CC0002 Information Technology 12/13 264,251 - 264,251

CC0003 Maritime Museum Ship Simulator 600,000 - 600,000

CE0002 Furniture & Fittings 12/13 30,475 - 30,475

Total Other Equipment - - 894,726 - 894,726

TOTAL CAPITAL EXPENDITURE 3,838,263 4,258,988 22,002,824 156,355 22,002,824


ITEM 13.2

13.2 Devonport Oval Scor eboar d - Tender R eport

13.2 DEVONPORT OVAL SCOREBOARD - TENDER REPORT

File: 27456 D275202




Strategy 2.3.3 Provide and maintain Council buildings, facilities and amenities

Purpose To award a contract for the design and construction of a replacement scoreboard

located at the Devonport Oval.

BACKGROUND The current scoreboard, supporting structure and operations office were built in 1985. The

scoreboard is approximately 4.0m high by 10.0m wide. Directly below the scoreboard is

the operations office which contains the scoreboard operator computer. The display

catered for a number of sports including cricket, AFL football, cycling, athletics and

general sponsor and advertising information. The scoreboard was decommissioned in

early 2012 due to continuous electronic failure.

In December 2011 three (3) companies were invited to participate in an Expression of

Interest (EOI) process to help determine what options were available to Council for

replacement scoreboards. The EOI process provided a number of scoreboard options

with varying functionality and cost.

In February 2012 a Council workshop was conducted with representatives from the

Devonport Cricket Club, Football Club and Athletic Club to provide Aldermen with an

overview of the current issues facing the users of the Devonport Oval and to seek

additional funding in the 2012-2013 financial year and beyond to ensure the Devonport

Oval regains the mantle of “best sporting facility in North West Tasmania”.

In July 2012 a Design and Construct Tender was advertised which included the following

items and activities;

Design, delivery and installation of electronic scoreboard

Installation to existing scoreboard structure unless alternative position is identified

Demolition and disposal of existing scoreboard and associated equipment

Connection to existing electrical supply including RCD protection

Nominate pixel pitch

Cater for display of sporting groups including cricket, AFL football, cycling & athletics

Provide advertising capability

Include environment factors

Maintenance schedule

Provide options for ongoing local technical support

COMMENTARY Given the rapid development in screen technology it became clear that a full LED screen

replacement was the best option for Council. Previously considered to cost in excess of

$200,000 indications from suppliers were that this technology has reduced significantly in

cost and is not greatly different in price than the mid range text based screen format.


ITEM 13.2

Given the LED screen has far greater capability, operating similar to a TV screen this was

considered the most suitable option.

The Tender period commenced on Saturday 21 July 2012 and closed Thursday 9 August

2012.

At tender closing time three (3) tenders were received:

CONTRACTOR TENDER SUM

A&D Engineering International $175,500

LED Signs Pty Ltd $151,000

Tecno Vision Australia Pty Ltd $126,400

All costs shown are exclusive of GST

Since the close of Tender, all Tenders including Tender rates and Tender options have

been evaluated and reviewed by the Tender review panel in accordance with Council’s

Code for Tenders and Contracts and the Tender selection criteria. Clarification has been

sought from individual Contractors to ensure inclusions and exclusions are clear.

The tender review panel determined Tecno Vision Australia Pty Ltd to have met all specific

criteria within the Tender and provide best value for money.

Tecno Vision Australia Pty Ltd is currently installing a screen similar to that proposed for

Devonport for the Mercury Newspaper in Hobart and they also installed the screens at

Aurora Stadium and Bellerive Oval.

During the Tender clarification phase it was identified that some structural modifications to

the existing scoreboard frame maybe necessary with the proposed screen weighting

approximately 1000kg more than the existing screen. Engineering calculations will need to

be undertaken to assess if this is necessary to meet the building code requirements. Power

supply to the screen will also need upgrading to 3 phase to service the new screen.

It is estimated that these additional items may cost in the order of $35,000 if they are both

required.

FINANCIAL IMPLICATIONS Council’s 2012/2013 approved capital budget allocation in for this project is $140,000.

Depending on the outcome of the structural assessment the total project cost may

exceed budget in the order of $31,000.

A summary of expenditure based on acceptance of the Tender is as follows:

Tendered construction sum $126,400

Provisional sum – Structural & Electrical upgrade $ 35,000

Project contingency $ 10,000

Total capital expenditure (if structural modifications required) $171,400

Given the original budget was based on providing a mid range text based screen the

proposed solution of a full LED screen appears a good financial outcome for Council.

The above costs are based on the project being fully funded by Council. Negotiations are

continuing to source a sponsor for the scoreboard and any contribution would reduce

Council’s costs.

RISK IMPLICATIONS Financial


ITEM 13.2

Payment terms;

25% deposit with signing contracts

25% on delivery of goods to site (before installation commences)

35% on completion of installation (before commissioning)

Balance within 10days of project signoff.

Information Technology

Tecno Vision guarantee local technical support. They also have indicated they have

spare parts located in Devonport. They have a factory trained engineer based in

Hobart and are regularly in Launceston.

CONCLUSION Following evaluation of the Tenders received for the Devonport Oval scoreboard

construction it is determined that Tecno Vision Pty Ltd offer best value for Council and has

satisfied all areas of the selection criteria to provide a full LED colour screen.

ATTACHMENTS

Nil Recommendati on

RECOMMENDATION

That Council accept the Tender from Tecno Vision Australia Pty Ltd for the replacement of

the Devonport Oval scoreboard, for the Tendered sum of $126,400.00 exclusive of GST.


ITEM 13.3

13.3 Capital Wor ks Report

13.3 CAPITAL WORKS REPORT

File: 27452 D275777




Strategy 2.3.5 Develop and maintain a long term Capital Improvement Program

PURPOSE To inform Council of the progress on the capital works program.

BACKGROUND The attachment to this report is a summary view of the current status of Council’s Capital

Works projects. The program has been simplified from the previous year and now only

focuses on the progress of the onsite construction works, rather than including all the

aspects which occur before work starts on site ( i.e. design, consultation, tendering etc.)

This will allow a clear picture on when physical site construction is planned to start for a

particular project and also provide an indication of actual progress against what was

planned.

COMMENTARY Council has proved a $22,052,824 capital expenditure budget for 2012/13. A detailed

program has been developed to plan when each project will occur. The attachment

indicates the anticipated construction timeframes for each project. The current focus is

on planning and design of projects however several projects are currently under

construction or about to commence.

The Central Northern Burrowing Crayfish translocation has been completed allowing the

Sheffield road project to progress. Further site development associated with the

translocation permit is scheduled for later in the year.

The Aquatic Centre geotechnical investigations have provided detail to enable

construction to continue in accordance with EPA requirements.

The Maritime Museum and other carry forward projects are on program along with fleet,

plant and equipment replacement programs.

Crown land approval has delayed the start of the remaining Mersey River foreshore works

however that is now resolved and works will commence shortly.

A number of projects are out for tender or in tender assessment stage at present including

the Valley Road Soccer Ground Irrigation, Demolition of 20-22 Wenvoe Street, Devonport

Oval Scoreboard and Devonport Cricket Club Amenities renewal.

FINANCIAL IMPLICATIONS The capital program expenditure to date is within forecast. The majority of projects require

preliminary tasks associated with design to progress through to conclusion before

construction commences, resulting in a lag in expenditure during the first quarter of the

financial year.


ITEM 13.3

RISK IMPLICATIONS Occupational Health and Safety

Projects within the capital program include activities designated as High Risk under

the Model Work Health and Safety Regulations Part 6.1, R291. Hazard identification,

risk assessment and development of safe systems of work are required to be carried

out on all projects.

Assets, Property and Infrastructure

The program delivery is essential to mitigation of the identified risks associated with

asset renewal strategies.

Contractual/Legal

Contract management of consultants and contractors is carried out in accordance

with developed policy, procedures and the Code for Tenders and Contracts.

Financial

Capital works program expenditure is reviewed monthly with projections of

expenditure provided for minimisation of financial risk.


Contracts for consulting and contracting include clauses to mitigate risks.

CONCLUSION The 2012/13 Capital Works program is underway with design associated tasks progressing

on a range of projects. Construction is progressing generally in accord with the program.

ATTACHMENTS

1. Council Report capital Program 2012/2013

Recommendati on

RECOMMENDATION

That the progress report on the 2012/2013 Capital Works Program be noted.

Council Report capital Program 2012/2013 ATTACHMENT [1]

ITEM 13.3


ITEM 13.4

13.4 RESID ENTIAL STR ATEGY

13.4 RESIDENTIAL STRATEGY

File: 27329 D275945




Strategy 2.1.1 Ensure the City's Planning Scheme supports local community character

and appropriate land use

PURPOSE To consider the three submissions received on the draft residential strategy and the

amended draft residential strategy.

BACKGROUND As part of the interim planning scheme process Council prepared a draft residential

strategy which it made available for public comment over three weeks. A forum was also

conducted for those people involved in real estate and development industries. Three

submissions were received and these are attached in the appendix along with brief

comments.

COMMENTARY This residential strategy is intended to provide a strategic direction and identify future

options for residential development in the City in accordance with the requirements of the

Cradle Coast Regional Land Use Strategy 2010-2030 and State legislative requirements.

Council invited comment from the public on the draft residential strategy.

Three submissions were received from Mike Leary, Malcolm Lester and Michael Hendrey

on behalf of Fonterra. Copies are attached. The content of the Leary and Lester

submissions are similar and the issues raised are treated under the following headings.

Population statistics

Mention is made of a discrepancy of 86 people between two tables with the further

statement that it would seriously impact on the projections because of a compounding

factor. There appears to be an assumption in the submissions that population projections

are based on a simple application of applying a percentage and then extrapolation

based on the last known population figure. In fact population projections are based on

three cohorts (age, deaths, and migration) and are not a simple extrapolation. The

resultant plus or minus percentages between years are a result of these cohorts.

The draft strategy mentions an ABS estimated population of 25,639 persons for Devonport

in 2011. Since writing the draft strategy the 2011 Census figures have been released

showing that on census night there were 24,615 persons in Devonport. The ABS applies a

factor of up to 4 percent to allow for people away on that night.

The ABS released (31 July 2012) the estimated population figures for Devonport on census

night as being 25,657.

Using this estimated figure against the estimated 2006 figure of 24,796 gives a inter censual

growth rate of 0.39 percent not 0.6 percent as claimed.


ITEM 13.4

Strategy

The submissions rely heavily on a Council resolution that Devonport strive for a population

of 35000 by 2030. The strategy is not contrary to this.

The draft strategy recognizes that the land supply needs to be continually examined to

ensure there is always an adequate land supply of between 10 to 15 years. The strategy

recommends that this be continually reviewed and that prior to the land supply dropping

below 10 years, alternative locations are investigated for residential suitability. This aspect

of the strategy has been overlooked or disregarded by the representors.

Effect of household formation rate

The submissions are based on an unrealistic assumption that the population will grow by

0.8%. There is no demographic evidence to suggest this will occur, especially given the

increase in outward migration of people from Tasmania.

Reserved Residential Zone

The planning scheme states the intent of the reserved residential zone is to retain suitable

land for future urban development to be released when needed and serviced. In other

words it set a strategic direction for urban growth within the City. Strategic directions have

long time frames in order to allow the economic provision of new services and utilization of

existing services. Council has recognized this and has recently supported amendments to

rezone land zoned reserved residential to closed residential.

One submission states the minimum lot size is 20 ha and no further smaller Lots can be

created. The submission is simply wrong on this point.

As stated the scheme permits a lot size of 20 ha. However the scheme also gives the

Council discretion to approve lots much smaller; in fact Council can approve a normal

residential subdivision. (Clause 8.5.3 (iv) Amendment Q2 July 1992).

As discussed in the draft strategy the only difference is that houses in the Closed

residential zone are approved in accordance with Planning Directive 4

requirements (no permit required) whilst houses in the Reserved Residential zone

require a permit (P use.)

Conflict of Interest

The Council determines the strategy not an individual officer.

The draft strategy has had input from all of Councils planning staff, is consistent and the

most appropriate strategy for Devonport’s residential land uses is presented for Council’s

consideration.

Discussion of sites

A critique of some of the development sites was presented with the basis of many sites not

being developed due to economic factors. The development industry in Devonport over

the last 50 years has been very cyclical with sudden bursts of activity followed by lulls

which is generally a reflection of the economy. In the past some developed sites were

very slowly developed or lay vacant unsold for some time.

It is agreed many potential sites around Devonport have some development issues (e.g.

steep, buildings on site) but this is no different to what has occurred in Devonport over the

past 40 years. It is noted owners of some identified sites have shown interest in developing

when demand improves. In some instances the comments made in the submission are

simply wrong such as the airport being impacted by development in Brooke Street. The

most recent Noise Exposure Forecast and noise tests show otherwise.

It is noted no alternate serviced sites were suggested in the submissions.


ITEM 13.4

Fonterra Submission

The Fonterra submission raises an objection to the implied rezoning of 20 Fraser from Rural

to Closed Residential. The Tasmanian Planning Commission refused this rezoning on the 8

August 2012. Consequently this parcel is to remain rural.

Discussion

The strategy has been amended from that placed on public display for the following

reasons:

a) the Australian Bureau of Statistics has released new population estimates;

b) further analysis is required and consultation with land owners and service providers in

relation to Sheffield Road or alternative location prior to determining whether they

are suitable for intensive residential development in the future;

c) meeting with Cradle Mountain Water regarding services.

Given that there is an ample supply of residential land to meet current demand, it is

acknowledged that the further analysis of Sheffield Road and other alternative locations

can occur over the next 2 years without resulting in an inadequate land supply.


CONCLUSION That the residential strategy be adopted by Council to assist with the determination of

residential zones for the current and future Devonport Planning Scheme.

ATTACHMENTS

1. Representation from Michael Leary

2. Representation from Michael Hendry obo Fonterra Australia

3. Representation from Malcolm Lester of Lester Franks

4. Devonport Residential Land Strategy 2011-2030

Recommendati on

RECOMMENDATION

That Council approve the Residential Strategy as per Attachment 4.

Representation from Michael Leary ATTACHMENT [1]

ITEM 13.4

Representation from Michael Hendry obo Fonterra Australia ATTACHMENT [2]

ITEM 13.4

Michael A Hendrey just submitted the form 'Draft Residential Land Strategy submissions' with the responses below. A full report of all form submissions is available within the activity report. Michael Hendrey [email protected] 64212146 155 Mersey Rd Spreyton Tas 7310 Fonterra wish to raise an objection to the Draft Residential Strategy. On page 12 and again on page 30 it is implied that 20 Fraser St is being rezoned from Rural to Closed Residential. This is not correct. Fonterra has objected to the rezoning of the land twice on the basis that that urban encroachment to the Fonterra dairy manufacturing site is an incompatible land use that is likely to lead to community complaints. This manufacturing site is very significant to the future growth of the dairy industry in Tasmania. The matter is before the Planning Appeals Commission and it would be premature and wrong to include the land in the Residential Strategy.

Representation from Malcolm Lester of Lester Franks ATTACHMENT [3]

ITEM 13.4

Devonport Residential Land Strategy 2011-2030 ATTACHMENT [4]

ITEM 13.4

DEVONPORT RESIDENTIAL LAND

STRATEGY 2011-2030


August 2012

Summary As part of the State Governments planning reform package Councils are required to develop new

interim planning schemes on a regional basis. The Devonport interim planning scheme must be in

accordance with the Cradle Coast Land Use Strategy, the Land Use Planning and Approvals Act 1993,

State policies and planning directives 1 and 4. As part of the exercise Council needs to develop a land

use strategy to identify future residential areas.

Over the last 10 years a mean average of approximately 105 dwellings has been constructed in

Devonport.

Devonport’s estimated population annual growth rate over the last 10 years has varied between -0.5

% and 1.4%. Currently the annual growth rate is estimated to be 0.4% compared with Tasmania

0.64% and National 1.43%. Between the years 2007 and 2011 the population grew by about 843

people representing an inter census growth of 0.33 percent.

The 2011 Census showed 24,615 people were in Devonport on census night. The ABS recently

released the estimated population figure for Devonport 2011 as 25,657.

Population projections based on mortality rates, births and migration rates indicate that Devonport’s

population by 2031 could be as high as 30,007 persons. However using the medium population

projection recommended by the Demographic Change Advisory Council, the figure is likely to be

much lower.

Devonport’s population is reflecting the national trend of an aging population. This will impact on

the style and size of dwellings and lots and growth.

The number of people per dwelling is dropping with occupancy rates expected to be 2.1 persons per

dwelling by 2030.


ITEM 13.4

A reduction in the number of people per dwelling combined with the expected population growth

means an extra 1800 to 2140 dwellings will be required over the next 20 years. Dwellings will

comprise an unknown mixture of units and single dwellings.

Currently there are approximately 760 residential vacant lots within the City. In gross terms this

represents approximately 7to 8 years of required supply. However many are not for sale or suitable

for the market.

The areas within the municipal boundary where residential expansion can occur are limited

because of the surrounding prime land, the small city area, topography and the lack of infrastructure

services in some areas.

Future expansion of Rural Residential land is restricted to existing areas.

Some areas zoned Closed Residential will require specific area/structure plans before

redevelopment occurs.

It’s recommended the strategy be implemented over 3 stages but the key aspect is that it is

constantly reviewed to ensure a minimum 10/15 years’ supply of zoned residential land is available.

INTENT OF STRATEGY This residential strategy is intended to provide a strategic direction and identify future options for

residential development in the City in accordance with the requirements of the Cradle Coast

Regional Land Use Strategy 2010-2030 and State legislative requirements.

Background As part of the State Governments planning reform package Councils are required to develop new

interim planning schemes on a regional basis. The Devonport interim planning scheme must be in

accordance with the Cradle Coast Regional Land Use Strategy 2010-2030 (CCRLUS), the Land Use

Planning and Approvals Act 1993, State policies and planning directives 1 and 2. In developing the

interim planning scheme the Council needs to develop a land use strategy identifying future

residential areas.

STATUTORY PLANNING FRAMEWORK In allocating land for future residential development, consideration must be given to a number of

legal requirements set out in the Land Use Planning and Approvals Act 1993, State Policies and the

Cradle Coast Regional Land Use Strategy 2010-2030.

Land Use Planning and Approvals Act 1993 The Land Use Planning and Approvals Act 1993 (the Act) requires that a planning scheme and

subsequent amendments be prepared in accordance with the Objectives of the Act and State

Policies made under the State Policies and Projects Act 1993.


ITEM 13.4

Objectives of the Act

The core objective of the Tasmanian planning system is sustainable development which is defined to

mean managing the use, development and protection of natural and physical resources in a way, or

rate, which enables people and communities to provide for their social, economic and cultural well

being and for their health and safety while-

(a) Sustaining the potential of natural and physical resources to meet the reasonably

foreseeable needs of future generations; and

(b) Safeguarding the life-supporting capacity of air, water, soil and ecosystems; and

(c) Avoiding, remedying or mitigating any adverse effects of activities on the environment.

The objectives can be summarized as follows;

a) Ensure that the community’s basic needs for fresh air, clean water and land are met.

b) Facilitate the fair orderly, aesthetic and sustainable supply, use and development of land for

housing, industry and community services.

c) Protect and conserve natural and man- made resources, buildings and facilities.

d) Provide access and protect public infrastructure.

e) Ensure the community can enjoy a pleasant, efficient and safe working, living and

recreational environment.

State Policies The State planning legislation requires that planning schemes further the objectives of State Policies.

The State Policies are;

Protection of Agricultural Land 2009;

This policy aims to protect agricultural land, particularly prime land from being unproductive by

allowing inappropriate uses to locate on or nearby. However the policy recognizes that all

agricultural land is important. This Policy is particularly important as much of the land surrounding

the Devonport urban area is prime land, which precludes further residential development. Thus

urban growth is concentrated around the existing urban area and whilst environmental and rural

living development is recognized as a legitimate lifestyle it is limited to the existing strategic

locations (e.g. Kelcey Tier) in order to avoid impacts on agricultural land.

Coastal Policy 1996

This policy applies to land within 1km of the high water mark. The policy sets out numerous

principles and outcomes with the most important in this situation being to protect the coast from

being developed with ribbon residential development.

The Water Quality Management 1997

This policy regulates water quality management of all surface waters, including coastal waters and

groundwater. The policy requires that both stormwater and wastewater does not pollute. Thus it is


ITEM 13.4

important that new residential development can connect to existing or economically expanded

reticulated systems.

National Environmental Protection Measures

Of the National Environmental Protection Measures only the Assessment of Site Contamination

(1999) is relevant. Residential development on land identified contaminated is best avoided but if it

is developed for residential development it needs to be remediated to the required standard.

Cradle Coast Regional Land Use Strategy 2010-2030 The new planning scheme is required to be in accordance with Cradle Coast Land Regional Land Use

Strategy (the Strategy) that has been approved by the Minister for Planning.

The salient points the Strategy makes are,

“Planning must facilitate housing options that are well located within serviced, attractive, functional

and safe environments. The principle function of planning is to allocate land for housing use at a rate

sufficient to match supply and demand and which allows for choice and diversity in housing type and

location.”

The Strategy further highlights that the Cradle Coast Region will to some extent follow the national

trends that are seeing a reduction in single detached dwellings in favour of semi-detached , flats,

units and apartments. However even with a trend towards more unit developments, it is predicted

that single detached houses will remain the majority form of housing.

The Strategy endorses the approach where the majority portion of development in the short to

medium term will continue to occur by subdivision and building on vacant sites as centres fill in gaps

and absorb undeveloped land. The concept of urban containment, which historically Devonport has

endorsed, is important to ensure optimum use of existing infrastructure.

The Strategy does not promote immediate or significant change in the density, form or pattern of

urban development. it does not mandate residential densities that compel transition to multiple

development but recommends densities of up to 30 dwellings per hectare. This will allow a

continued predominance of single detached houses intermixed with small scale multiple units on

lots from 400m2 to 8oom2 which reflects what is now occurring across the region.

The Strategy proposes each municipal area prepares a local settlement plan to identify planned and

future options for growth and development. This in turn can inform the community where housing

will occur and provide a guide for infrastructure providers to ensure land and services will be

available well in advance of when the land is to be development ready. In this regard the Framework

proposes that planning maintains a minimum forward rolling program of 10 years land supply

through infill and the development of Greenfield sites.

The Strategy provides much background detail and the section dealing with Settlement and

Community is attached as Appendice 3.


ITEM 13.4

Council Strategic Plan 2009-2030 The Councils Strategic Plan 2009-2030 sets out a number of goals and outcomes, the most relevant

for the residential strategy, being;

“Goal -Building a unique city

Devonport is built on a human scale and has the potential to develop as a unique city that is compact

and convenient for residents and visitors. The river and coastal setting of the City provides it with an

enviable outlook and ready made aesthetics to guide future development and urban design. Land

use planning can build on current strengths creating precincts that link to the river and coast,

offering a range of cultural, recreational and entertainment experiences.

Outcome –Our local planning scheme encourages clustering of common property uses and facilitates

appropriate development.

Ensure the City’s planning scheme supports local community character and appropriate land

use.

Work in partnership with neighbouring councils, the State Government and other key stake

holders on regional and local planning and development issues.

Develop comprehensive and integrated “Place Making Plans” to support the further

development of the Unique City concept.

Outcome – the infrastructure priorities to support the development of our unique city are planned

and appropriately funded.”

MARKET CONSIDERATIONS AND HOUSING AFFORDABILITY In any residential strategy the relationship between planning, housing affordability and market

choice needs to be considered.

There is no State policy or strategy that incorporates an explicit planning dimension applicable to

housing affordability and this strategy. However, planning the amount of land released coupled with

the cost of infrastructure can have an impact on the affordability of new housing. Nevertheless

issues surrounding housing affordability will not be solved alone by the Devonport Council

residential strategy as the problem requires a multi-tiered government approach. The residential

strategy needs to ensure there is sufficient land supply available that can be efficiently and

economically serviced and land is located in various locations that provide market choice.

HOUSING DEMAND The main factors for housing demand are population growth, household formation rates (i.e. the

number of people per dwelling) and demolition of existing stock.

Population Growth

The factors influencing population growth are fertility, mortality and interstate and overseas

migration.


ITEM 13.4

The Tasmanian Treasury prepared population projections for the State and local government areas

for the Demographic Change Advisory Council in December 2008. The projection period for the State

level was 50 years and 25 years for the local government areas (LGAs). It is noted the Australian

Bureau of Statistics only publishes projections at the State level.

When considering population projections it is extremely important to understand that they are not

forecasts, but rather, indications of what population size and composition will be if (and only if ) the

underlying assumptions about births, deaths and migration prevail.

As future levels of fertility, mortality and migration are unpredictable, three series of population

projections-the low, medium and high series were produced. The assumptions regarding fertility,

mortality and migration used to generate the projections were based on an analysis of historical

demographic trends and LGA specific factors. The medium series however is considered as being the

most reliable by the Demographic Change Advisory Council and has been used in the Cradle Coast

Regional Land Use Framework. The assumptions are attached in appendix 1.

Devonport LGA Population Projections

2016 Projection 2031 Projection Projected Average Annual growth 2006-2031

Low Medium High Low Medium High Low Medium High

23543 25109 26965 22204 25334 30007 -0.5% 0.1% 0.8%

Source: Demographic Change Advisory Council, Preliminary Population Projections May 2008

Table 1

However the Census count is not the official population of an area. To provide a more accurate

population figure which is updated more frequently than every 5 years, the Australian Bureau of

Statistics also produces "Estimated Resident Population" (ERP) numbers. Based on population

estimates as at 30 June, ERPs take into account people who missed the count on Census night,

including people who were temporarily overseas, plus an undercount adjustment for those who did

not complete a Census form, and an overcount adjustment for anyone who was double counted.

Estimated Resident Population figures are updated annually taking into account births, deaths,

internal and overseas migration. In addition, after every Census, ERP figures for the 5 previous years

are "backcast", using information from the current Census, to ensure the most accurate figures are

available.

ERP figures displayed below include finalised figures for 2001 to 2006, revised estimates for 2007,

2008, 2009 and 2010, in addition to newly issued data for 2011. Population estimates shown in Table

2 for the 2011 year were preliminary and have been upgraded as a result of the Census.


ITEM 13.4

Estimated resident population, Devonport City (Preliminary updated estimates based on 2006 Census data)

Annual change

Year (ending June 30) number number Percent (%)

2011 25,639 106 0.4

2010 25,533 15 0.1

2009 25,518 290 1.1

2008 25,228 359 1.4

2007 24,869 73 0.3

2006 24,796 -187 -0.7

2005 24,983 197 0.8

2004 24,786 297 1.2

2003 24,489 363 1.5

2002 24,126 -131 -0.5

2001 24,257 -- --

Source: Australian Bureau of Statistics, Cat. No. 3218.0 - Regional Population Growth, Australia, 2009

Table 2

The results of the 2011 census indicated 24,615 people were in Devonport on census night. To allow

for people being away from their normal location, the ABS applies a regional factor to the actual

count to determine an estimated resident population.

The ABS have released (31 July 2012) the Devonport estimated resident population figure for census

night as being 25,657 people, which virtually verifies the 2011 estimate in figure 2.

Based on the above estimates the annual growth rate is currently tracking at less than 0.4 percent.

The inter-census growth rate was 0.38 percent which is well below the rate used for the high

growth rate population projection.

Age Profile

The following two diagrams sourced from the Australian Bureau of Statistics, illustrate the changing

age profile of Devonport’s population. In June 2001 the median age was 38.3 and by June 2006 it

was 39.3. The aging of Devonport’s population is similar to most Australian communities. What it

means in terms of housing is that there will be an increased demand for medium density housing

and aged person’s accommodation. The size and design can range from 2 units on a lot to larger

purpose built integrated developments that support the needs of the elderly.

Often the community will object or are concerned about medium density developments. This

concern is often simply about not wanting medium density housing nearby. However, opposing

medium density housing for philosophical reasons will fail, especially if it is well designed and

located and meets the planning scheme requirements. The growth in medium density housing is

simply responding to community demand. The preferred location requirements for elderly

accommodation are relatively flat land and be near shopping and services centres such as between

the Fourways and the Bluff areas.


ITEM 13.4


ITEM 13.4

Household formation rates. The household formation rate is the rate which new households are formed. This factor along with

population growth is important in determining the future residential land requirements. New

households are created as a result of a number of factors including;

Adult children leaving home

Migration

Couples setting up house

Divorces and separations

Older people remaining independent in their homes.

Changes to the labour market

In Australia and Tasmania there has been a steady decline in the size of the average household from

an average of 4.5 people/household in 1911, to 3.55 people in 1961 to a projected 2.1 persons per

dwelling for the Cradle Coast region in 2030 (CCRLUS).

Demolitions The number of dwelling demolitions in Devonport is so low that it will not have an impact on the

number of future dwellings required.

Housing Requirements Based on the above population and household formation projections a crude analysis suggests a

supply of between 1800 and 2140 new dwellings consisting of single dwellings and units will be

required over the next 20 years. This is supported by the following historical data that shows

dwelling approvals over a 10 to 15 year period. The average number of single dwellings approved

over the last 8 years is 100, whilst the number of units approved varies widely from year to year.

Annual Dwelling Approvals

Number of new dwellings approved, Devonport City Annual change*

Year (ending June 30) Separate dwellings

Other dwellings

Total dwellings

Separate dwellings

Other dwellings

Total dwellings

2010-11 94 2 96 -6 -40 -46

2009-10 100 42 142 25 9 34

2008-09 75 33 108 -25 -12 -37

2007-08 100 45 145 -8 32 24

2006-07 108 13 121 9 7 16


ITEM 13.4

2005-06 99 6 105 2 4 6

2004-05 97 2 99 -25 -62 -87

2003-04 122 64 186 56 57 113

2002-03 66 7 73 9 7 16

2001-02 57 0 57 26 -2 24

2000-01 31 2 33 -6 -7 -13

1999-00 37 9 46 1 4 5

1998-99 36 5 41 8 -23 -15

1997-98 28 28 56 -14 17 3

1996-97 42 11 53 -23 -50 -73

1995-96 65 61 126 -- -- --

Source: Australian Bureau of Statistics, Building Approvals, Australia, (catalogue number: 8731.0)

Table 3

* Annual change represents the difference in number from the preceeding year. Negative numbers denote a drop in the number of approvals from the previous year, and positive numbers an increase.

Table 4

Regional Context

Devonport is the major residential, commercial, industrial and transport centre for the subregion.

However the level and type of residential development in Devonport that satisfies the sub regions

requirements depends on the unknown factor of how much demand will be satisfied by housing

development in the Latrobe, Kentish and Central Coast municipal areas. An indication of the current

situation is the number of people who travel to Devonport for work. For example the 2006 Census

showed that 469 people from Central Coast, 601 from Kentish and 1,532 from Latrobe travelled to


ITEM 13.4

Devonport for work. Obviously areas located within the neighbouring municipal areas are acting as

dormitory suburbs of Devonport but to what extent in the future is unknown.

Subdivision Approvals

The following table illustrates the areas and variation in the number of applications received each

year which generally is a reflection of prevailing economic conditions and the number of vacant lots

for sale. In other words the number of new lots approved and developed each year is very cyclical

depending on the prevailing economic conditions. With this boom and bust scenario it makes it

difficult to realize a steady supply of land each year.

Year Approved Subdivisions

*No. Lots Net Gain Major Subdivisions

2000 5 43 40 57 Penambul Drive (37)

2001 18 56 44 Coles Beach Rd. (7) Leila Ave, Woodrising Ave, Fleetwood Drive (29)

2002 12 49 44 # Camery St Panorama (35) 109A Ronald St (6)

2003 28 468 441 Jiloa Way (45) 141-143 Stony Rise(162) 51 Middle road (76) 34 constructed

2004 25 121 110 # 77a River Rd (53) 169 Steele St (15) # 45 Sunbeam Crescent (13)

2005 10 46 40 # Highfield Rd. (18)


ITEM 13.4

19 Skyline Drive (16)

2006 11 26 18 Leary Ave (5)

2007 11 45 36 19 Georgiana St (24)

2008 11 56 46 18 Dana Drive (42)

2009 13 93 85 Tatiana Close (21) 24 North Caroline St.(59)

2010 11 18 9 No subdivisions over 2 lots approved

2011 16 144 127 Berrigan Rd (37) George St.(12) Woodrising Ave (62)

Source: Council records

Table 5

*Titles not issued for some approved lots.

# Subdivisions not proceeded with. Several areas contain susceptible landslide issues.

Growth Limitations The physical characteristics of the City combined with State planning policies have been significant

determinants of the extent of the urban footprint of the City. (See map 1 in Appendice 4)

For example the residential expansion of the City is constrained by the following factors

The urban area to the west and east is surrounded by prime land which is precluded from

development because of the State Protection of Agricultural land Policy.

The areas to the south west are difficult to develop for higher residential density because of

lack of services, the steep topography and existing rural residential development. Rural

residential subdivision fragments land that makes lot and servicing design more difficult and

with the high cost of added improvements in the form of dwellings the land becomes more

expensive to purchase for a greenfield subdivision.

The municipal boundary limits/constricts potential growth areas.


ITEM 13.4

Some areas which are not classified as prime agricultural land are being used for intensive

horticulture.

Residential development that further extends the city outwards into rural areas is less

environmentally sustainable as it contributes to a loss of agricultural capacity increased

traffic and often a loss of vegetation and a compromise in scenic amenity.

The State Coastal policy reinforces the status of the coastal areas as “no go” areas for green

field urban development.

Land Zoned Closed Residential and Reserved Residential

The following table shows the existing zoned Closed Residential and Reserved Residential areas

and potential lot yields. The Reserved Residential zoned areas have been included because the

land has been strategically identified for residential use and the planning scheme provisions

allows Council to approve a standard residential subdivision. The only difference is that houses

in the Closed residential zone are approved in accordance with Planning Directive 4

requirements (no permit required) whilst houses in the Reserved Residential zone require a

permit (P use.)

The lot yield of 15 per hectare is based on the Cradle Coast Regional Land Use Planning Strategy.

Location Area/HA Potential lots/15ha

Existing Vacant/constructed

Lots

Comment

Ambleside 22 119 Subdivision design Potential Landslip

issues Brooke Street Tea Tree Lane

12.3 180 3 titles with separate owners- 50 lots proposed

Cameray Street 3.7 35 Marine Street 4.5 68

North Woodrising Ave

8 30 62 62 Lots approved shape of land will

restrict yield Gatenby Drive 12 12 Approved George Street 13 13 Approved

Hillcrest 3.3 49 House and extensive gardens

St Andrews Drive 2 30 House and extensive gardens

Fraser Street 4.5 65 4ha currently being rezoned

Miandetta 8.6 90 39 39 lots approved


ITEM 13.4

Stony Rise Road 15.7 235 Multiple ownerships some servicing issues.

Sheffield Road 38 38 lots approved Existing Vacant

urban lots 616 Only small

percentage for sale.

Brooke Street 20 300 Existing factories will make

redevelopment very expensive and

possible conflict issues with existing

industry. Potential &Total

Vacant 1176 780

Land Zoned Reserved Residential South Miandetta 19 285 Council has

supported a rezoning.

Discussion has taken place with Cradle Mountain

Water and services can be extended.

Adjacent to residential area.

Don Road 11.2 168 Vegetated, topography

possible access issues, existing

houses South Stony Rise

Road 12 22

180 320

Heavily vegetated. Part unavailable as has been used for offset purposes & other areas may

contain threatened species

Total 953

Source Council Records Table 6

Vacant Land Zoned Closed Residential and Reserved Residential (See appendix for aerial photos)

As illustrated in the above table there are approximately 616 vacant lots Closed Residential lots

within in the City with a further 164 recently approved or under construction. Of the 616 vacant lots

369 have an area of less than 1000m2, 42 lots have an area more than 1 hectare and there are 147

vacant Rural Residential lots and 7 reserved Residential lots. At first glance and based on historic

housing approval rates, 776 vacant lots represents enough land for approximately 7 years residential


ITEM 13.4

growth. However the reasons the owners retain undeveloped land vary and range from investment

purposes, double lots, “spec builders,” future home owners/builders. Other factors such as

undesirable location, poor solar access, slope and poor local facilities make some areas difficult to

economically develop.

Many of the larger areas listed in the above table will not be developed in the short to medium term

due to redevelopment and infrastructure costs in this uncertain economic climate. Some of the

smaller properties such as the Hillcrest properties are examples of large sites containing a house and

extensive gardens which may never be developed in the short to medium term.

SUSTAINABLE DEVELOPMENT PRINCIPLES AND SELECTION CRITERIA

Principles

Based on the statutory requirements set out in the Act, State Policies and the Cradle Coast Land Use

Strategy the following set of sustainable planning principles have been developed to guide

residential growth in the City. The principles form the basis for the development of location criteria

detailed later in this report.

Manage Growth-It is important the type, rate and location of future growth is appropriately

managed to achieve an efficient urban form and development pattern for the City

Enhance Environmental Benefit – The long term future of the City requires managing the

environmental consequences of new development in terms of land use and resource allocation.

Balance Service Provision- As the provision of infrastructure and services is a long term expense it is

important to achieve maximum possible use and efficiency from existing and new services to achieve

a sustainable long term outcome. Establishing an urban growth boundary will assist in achieving this.

Integrate Social Change- There is a need to balance the requirements of population growth and an

aging population.

Location Criteria

Location criteria which support the above principles in no order of importance are;

Locate new residential development on sites that are easily accessible to the CBD or

commercial centres.

Increase housing density in existing residential areas where opportunities exist for

redevelopment with unit developments. However this is not appropriate for the identified

heritage areas such as the Victoria Parade and Hiller Street areas.

Encourage the development of vacant infill locations zoned for residential development.

Locate new development on appropriate land that is adjacent to existing residential areas

which are serviced or where services can be economically extended.

Avoid those areas which have a risk/hazard factor and those which include conservation

values.


ITEM 13.4

Ensure residents have a choice of new locations. This will maintain a competitive

development industry and provide for the diversity of housing types and locations desired by

the community.

Ensure there is a minimum 10-15 years supply of residential zoned land that meets market

segmentation requirements and assists in achieving improved affordability.

ANALYSIS Between 10 to 15 years supply of zoned residential land is generally accepted as the required

amount of land allocated in a planning scheme. It is noted that previously there was an option to

strategically identify long term future residential land and zone it Reserved Residential. However,

this option has been removed with Planning Direction 1.

On average 100 houses per annum have been constructed In Devonport and based on this trend,

between 1000 to 1500 lots will be required to meet the housing demand over the next 15 years.

This trend is supported by projected population growth and likely household formation rates. The

unknown factor is the percentage mix between units and single dwellings, although according to the

CCRLUS, single dwellings will remain the predominant form of housing.

As stated earlier there are approximately 616 vacant residential lots with another 160 lots recently

approved and being developed. A large proportion of the 616 lots are not for sale (field survey) for a

variety of reasons. It is expected the 160 lots being developed now will be on the market as soon as

they are issued with titles.

In order to satisfy the longer term residential needs of the City more land needs to be identified and

zoned for residential purposes.

As mentioned earlier Map 1 illustrates that the options for residential expansion are limited for

various reasons The only option is to develop land to the south of the Bass Highway. To this effect

areas have been identified in the existing planning scheme and zoned Reserved Residential. Using

the above criteria these areas (see table below) are still considered appropriate for residential

development with the proviso they meet the more stringent criteria for the risk hazard and

conservation values. The zoning plan in Appendice 3 illustrates the close spatial relationship

between the Closed Residential and Reserved Residential zones

Considering the amount of land identified in the following table and the existing available zoned land

there is sufficient supply of land for Devonport over the next 10 to 15 years.

Location Current zoning Area/Ha Potential lot yield-15/ha

Comments

South Miandetta Reserved residential #

19 285 Zoning- Council has supported a rezoning Discussion has taken place with Cradle Mountain Water and


ITEM 13.4

services can be extended. Adjacent to area zoned residential area. (See map 1 appendix 2 )Part area may be zoned Community Purposes

Don Road 11.2 Vegetated, topography, possible access

South Stony Rise Reserved Residential

12ha 22ha

180 320

Heavily vegetated. Part unavailable as has been used for offset purposes other areas may contain threatened species.

Brooke Street* Closed Residential 20 300 Existing factories /expensive redevelopment costs

Table 7

Potential Residential Growth Areas

In order to allow for economic development and utilization of services an urban boundary is usually

set to restrict residential development until there is sufficient demand. Using the same selection

criteria the Sheffield Road area is identified as a potential growth area in for longer term, especially

as the aim is to contain development adjacent to existing residential areas and services. Discussion

with Cradle Mountain Water indicated further residential development in the area could not be

serviced without major upgrades. Cradle Mountain Water is adhering to a policy of ensuring its

existing infrastructure is at an appropriate level before providing new services.

Location Current zoning Area/Ha Potential lot yield-15/ha

Comments

Sheffield Main Road *

Rural 97.4 1461 Services need to be extended. PAL policy (orchards) Urban containment


ITEM 13.4

policy.

Table 8

Long Term Residential Growth Areas

*Structure Plans The area between Brooke and North Caroline Streets contains light industries, vacant land and the

ex Tascot carpet factory. It is zoned Closed Residential and in the long term will eventually become

residential. However in the interim in order to encourage redevelopment, mitigation of

contaminated sites and avoidance of potential conflict with existing residential uses the changing

land use needs managing. For example, the carpet factory complex consists of several large buildings

that along with the site are most likely contaminated. To remediate the site will be costly and

consideration of alternate uses which will allow the buildings to be used with uses which will bring

the site into closer conformity to the residential zone needs to be considered as a staged process.

Also the possible development of the vacant land for residential development will need to be

carefully conditioned because of the existing adjacent industrial uses. The subdivision design for the

overall area needs to ensure appropriate public linkages for recreation, pedestrians, cyclists and

roads.

To assist in managing the future development of these areas it is recommended structure plans be

prepared.

A structure plan could help manage these complex development issues. Essentially as it is a strategic

planning document for a specific area, prepared with input from the local community that presents a

vision and future planning framework for the integrated development of the area. Structure plans

guide the major changes to land use, built form, pedestrian and traffic connections, open spaces that

together can achieve identified economic, social and environmental objectives for an area. The plan

needs to outline responsibilities and requirements for each development to ensure there is a

reasonably smooth transition to the ultimate residential use. It also provides greater certainty for

investors and developments that are consistent with the structure plan.

The Sheffield Road area includes a mixture of horticulture operations, light industry and residential.

Depending on the growth in the neighbouring areas, especially Latrobe and Port Sorell, the Sheffield

Road area in the longer term will come under pressure for residential development. However with

the existing uses and potential for conflict with residential development, the implications of PAL and

threatened species in the area a local area/structure plan to manage these issues needs to be

developed. A recent rezoning application in Sheffield Road was refused by the TPC because it

determined it was not in accordance with the State Policy on the Protection of Agricultural Land

2009,it was not consistent with regional strategies and the fair and orderly development of

Devonport. Furthermore it concluded a rezoning is premature in the absence of a land use strategy

for Spreyton and an outline development plan that offers a resolution of potential land use conflict

between residential and adjacent agricultural activities. Cradle Mountain Water has also indicated in

the short term it cannot upgrade the required infrastructure to serve higher density residential

development.


ITEM 13.4

Until such time as further investigation and consultation on whether Sheffield Road is suitable for

residential development, a moratorium on further residential zoning is recommended.

Rural Residential Development The existing rural residential areas are concentrated in the Kelcy tiers and Tugrah road areas. These

areas are generally steep, contain poor soils, are vegetated to various degrees and provide elevated

views. Some vacant lots exist but the potential for expansion is limited due to the surrounding

agricultural areas. The area to the south in the neighbouring Kentish municipality has provided for

most of the growth for this type of development over recent years. It is envisaged with an aging

population the demand for this type of development will decrease. No large areas for expansion are

recommended.

RECOMMENDATIONS Because of the long term nature of the strategy and some of the issues raised the recommendations

are split into 3 stages.

Stage 1

1. Retain existing Closed (General) Residential areas.

2. Only permit minor extensions to existing Rural Residential areas.

3. Encourage higher density residential development in areas that have no identified heritage

values and are located near community and commercial facilities.

4. Amend existing zoned Reserved Residential areas to the General Residential zone.

5. Place moratorium on rezoning land outside the urban boundary (i.e. the rural areas to the

west, east and south-(west of Don River, East Devonport and Sheffield Main road).

6. Continually monitor land supply to ensure there is a 10-15 year supply of Residential zoned

land available in various locations.

Stage 2

Develop a local area/structure plan for the area bordered by Brooke and Caroline Streets.

Stage 3

As part of the continuing review of ensuring there is a 10-15 year supply of residential zoned land

and when the identified residential areas have largely been developed,

a) investigate the suitability of residential development in the Sheffield Road and other areas

and

b) If a new location for residential development is found to be suitable, instigate the

development of a local area/structure plan for infrastructure and staging requirements to

ensure that any future area is developed in a co-ordinated manner.


ITEM 13.4

Appendix 1

SUMMARY OF STATE ASSUMPTIONS

Series Fertility Rate Mortality Interstate Migration

Overseas Migration *

High Constant rate of 2.1 babies per woman

To reach 92.4 years for males and 94.8 years for females by 2056

Net gain of 1000 persons per year

Net gain of 2,000 persons per year

Medium 2.1 babies per woman in 2006 decreasing to 1.95 by 2016 and remaining constant thereafter


Zero net interstate migration

Net gain of 1000 persons per year

Low 2.1 babies per woman in 2006 decreasing to 1.8 by 2016 and remaining constant thereafter woman


Net loss of 1000 persons per year

Zero net overseas migration

NOTE It is recognised that there will be differences between fertility and migration patterns between

LGAs, while mortality is assumed to be constant across the State.

* Some demographers (e.g. N. Jackson) point out that the net migration gains on average may be

too high.


ITEM 13.4

APPENDICE 2

AERIAL PHOTOS OF UNDEVELOPED ZONED RESIDENTIAL AREAS

PHOTO 1

AMBLESIDE


ITEM 13.4

PHOTO 2

BROOKE STREET AND TEA TREE LANE


ITEM 13.4

PHOTO 3

MARINE STREET


ITEM 13.4

PHOTO 4

STONY RISE ROAD


ITEM 13.4

PHOTO 5

MIANDETTA


ITEM 13.4

PHOTO 6

HILLCREST


ITEM 13.4

PHOTO 7

ST.ANDREWS DRIVE


ITEM 13.4

PHOTO 8

SOUTH STONY RISE ROAD ( Zoned Reserved Residential)


ITEM 13.4

PHOTO 9

BROOKE AND NORTH CAROLINE STREETS


ITEM 13.4

PHOTO 10

WOODRISING AVENUE


ITEM 13.4


ITEM 13.4

PHOTO 11

FRASER STREET SPREYTON


ITEM 13.4

Photo 12

DON AREA (Zoned Reserved Residential)


ITEM 13.4

APPENDICE 3

Current zoning showing relationship between the Reserved Residential and Closed Residential zones

Reserved Res

Reserved

Res


ITEM 13.4

APPENDICE 4

Map 1 Development Issues


ITEM 13.5

13.5 APPLIC ATION FOR STREET N AMES – CON FIRMATION OF ASSIGN ED NAM ES, AGR EEM ENT TO OTHER S & ALTERN ATIVE OPT ION S

13.5 APPLICATION FOR STREET NAMES – CONFIRMATION OF ASSIGNED

NAMES, AGREEMENT TO OTHERS & ALTERNATIVE OPTIONS

File: 23115 D275965




Strategy 2.1.2 Provide high quality, consistent and responsive development

assessment and compliance processes

Purpose The primary purpose of this report is to confirm the street names agreed to with a

subdivider of a new building estate off Woodrising Avenue, Spreyton and 37 George

Street, Devonport. Secondly it provides some background and seeks ratification of a

street name adopted by the subdivider that was not part of the original consent. Lastly

the report considers reviewing the timeliness and effect of the currently adopted list to

provide alternative options to developers in the naming of new subdivisional streets.

BACKGROUND In December 2006 it was resolved by Council to adopt a list of names supplied by Mrs

Faye Gardam from the Devonport Maritime and Historical Society. The names supplied by

Mrs Gardam were generally historically based list of names of shipping vessels and early

pioneers including those dealing in maritime, building and commerce. Names of previous

councillors and administrators were also included.

The current list adopted by Council is attached as Attachment 1.

The Nomenclature Board’s guidelines state that unless there is good reason to the contrary

primary consideration should be given to names mentioned in authentic works such as

reference books, historic records, maps and charts or names well established by local

usage.

An extract from the Guidelines also indicates that when no previous names exist, primary

consideration will be given to a name in keeping with the character and tradition of the

area, with historical or local significance, being suggestive of any peculiarity of a

topographical feature or being of aboriginal derivation, and having an appropriate

meaning.

COMMENTARY A 62 lot subdivision at Woodrising in July 2011 included three new streets requiring names

to be assigned. The matter of street names was discussed at the time with the subdivider

to include and be confirmed in the recommendations of the planners report.

Street name 1 – The July 2011 report considered that a name that had merit as an

exception to the rule was Tedmon Street. ‘Tedmon’ was the name of a successful

racehorse owned by the previous land owners, R & G Williams, in the late 1970’s which

won many races until retiring to the property. This was deemed to fit within the local

history guideline of the Nomenclature Board and further the Tasmanian Street Index has


ITEM 13.5

no similar name that could be confused by people including emergency services

personnel.

Street name 2 – The name adopted from the 2006 list was Mulligan. Percy Mulligan was

one of the first historians of Devonport. Mulligan Drive was also relevant as a known

golfing term due to its proximity to the golf course. In support of this name the Tasmanian

Street Index also has no similar sounding or spelt name.

Street name 3 – The other name submitted for verification now is Ronan Court. This name

has been given to the stage one cul-de-sac by the subdivider. The 2011 planners report

recommended that the developer submit a name from the adopted list from 2006

however the note on the subsequent planning permit was not acknowledged as it should

have been. Unfortunately in the interim period marketing of the lots and subsequent

development applications have referred to ‘Ronan’ Court with the resulting acceptance.

However in support of this no similar sounding or spelt name is evident in the Devonport or

adjoining municipalities or the Tasmanian Street Index that would confuse or confound

locals or emergency services.

An indicative subdivision plan with the overlying street names is attached as

Attachment 2.

A 12 lot subdivision at 37 George Street is currently nearing completion. This was submitted

in August 2011. In very general terms it is between the Showground and Byard Park and

was originally developed as the Railway Institute Hall. The Tas Rail line runs parallel to the

long south western boundary.

It is anticipated the Final Plan of Survey will be submitted for sealing shortly to enable titles

to be registered.

The developer has requested the name ‘Charlotte Gardens’ be assigned to the new

development. This formal request has been made to acknowledge the Christian name of

a young local girl currently suffering from a life threatening illness.

Charlotte is a female derivative of Charles. In support of this the immediate area consists

of James, George, Nicholls, William, Gunn and Fenton. The utilisation of a first name is not

extraordinary in this locality.


ITEM 13.5

The term Gardens is used to imply a parkland appearance and is synonymous with Court,

Close or Place. It applies to a short typically urban cul-de-sac.

A subdivision plan is attached as Attachment 3.

List review

Council requires a list to assist property developers when a subdivision proposal is

anticipated. This achieves the objective of a street name being submitted for

consideration early in the process that can ultimately be conveyed to a Final Plan of

Survey for the creation of the land Title. It also provides Council with some forward

planning to prepare the required alterations to the property information rating data and

allocate street numbers for the future property.

The current thematic list predominantly comprises names of local pioneers from the

nineteenth century. Although this list shouldn’t be discounted it would be more opportune

if the intended developments had the option available to be more identifiable with

something more contemporary in the first instance and not necessary with a theme.

The Nomenclature Board places the responsibility to Councils for assigning Street Names to

within the boundaries of proclaimed towns or cities. When a new street name is assigned

within the Council is then bound to notify the Nomenclature Board of the assignment

within forty days.

The Board’s guidelines indicate that Street names should be concise, euphonious and in

good taste. Forms which are to be avoided are:

names of two or more words, except where such can be combined.

unnatural combinations of words.

the use of hyphens, or other similar diacritical marks.

the use of both given name and surname or a combination of the two.

long and difficult aboriginal, botanic or scientific names.

corrupted, contrived or modified names.

alternative names. (eg Forsyth Island not "Forsyth or Penguin Island" as shown on one

early plan)

names that could be construed as advertising a particular commercial or industrial

enterprise.

names likely to give offence.http://www.dpiw.tas.gov.au/inter.nsf/WebPages/JGAY-

53N59M?open - top

In further support of a review of the adopted list there are some recent examples of

perhaps unsuitable street names being assigned to various localities.

For example Gibson Court was assigned to a new residential building estate situated off

Clayton Drive at South Spreyton. Historically John Gibson was a pioneer at Don who

became prominent in the farming community. In hindsight an option to endorse a name

synonymous with the history of apple orchards or coal mining in the locality may have

been more identifiable. There is a reasonable possibility that the inhabitants of Gibson

Court would not realise the history behind the name.

Similarly the naming of Friend Street to the new link road through the Homemakers site at

Stony Rise was derived from Charles Friend who came and lived in Torquay as a Customs

Officer and acting Police Magistrate.

An overview of the current list of Devonport Street names provides an eclectic mix of

assigned names, some with a specific theme but mostly a name with no particular unique

reference to the locality or history.

http://www.dpiw.tas.gov.au/inter.nsf/WebPages/JGAY-53N59M?open#top

http://www.dpiw.tas.gov.au/inter.nsf/WebPages/JGAY-53N59M?open#top


ITEM 13.5

FINANCIAL IMPLICATIONS No financial implications are envisaged in either acceptance or rejection of this report.


CONCLUSION It is submitted that satisfactory merit exists in supplementing the existing street name list

adopted by Council. The purpose of this report is not to be dismissive of the historical

names being used but simply to complement and supplemented in some instances with

alternative names that may have more local significance while still fitting within the

guidelines of the Nomenclature Board.

It is quite possible that the residents of Gibson Court for example are not aware of the

historical significance of their street name. Unfortunately the Nomenclature Board

guidelines do not allow the use of given name and surname together.

ATTACHMENTS

1. Application of Street Names - Attachment 1

2. Application of Street names - Attachment 2

3. Application of Street Names - Attachment 3

Recommendati on

RECOMMENDATION

That Council endorse the following:

1. That Tedmon Street, Mulligan Drive and Ronan Court be accepted as the assigned

names for the Woodrising subdivision and the names forwarded to the

Nomenclature Board for ratification.

2. That ‘Charlotte Gardens’ be assigned to the building estate nearing completion off

George Street, Devonport and the name forwarded to the Nomenclature Board for

ratification.

3. That the first option for future street names be given to the 2006 list of submitted

names if an identifiable link can be established.

4. That alternative street names endorsing the Nomenclature Boards guidelines based

on more recent events also be considered.

5. That delegation is granted to the General Manager to consider alternative street

name options.

Application of Street Names - Attachment 1 ATTACHMENT [1]

ITEM 13.5

Adopted List

BEAUMONT. Family of father and two sons arrived in district from Yorkshire in mid 1850’s to

work in Tarleton Coalmines. Mine was unsuccessful and the Beaumonts moved onto

Appledore Estate (now Miandetta) where they tenant farmed for Bartholomew Thomas for

some years before moving to settle at the River Don. Many descendants hereabouts.

LODGE. Thomas Lodge came from Yorshire eventually farmed part of the Appledore Estate.

Later was landowner and farmer along Don Road. Assisted in laying out early streets in Don

Road area.

NAYLOR, James. Arrived with the above two from Yorkshire. Tenant farmed on Wenvoe

Estate. Was a local road builder. A founding member of early Mersey Lodge.

BUCK, George. Came to Wenvoe Estate in 1855. Built home on the Esplanade. Became a

large landowner. Had brick kilns in several areas. His family built first business premises in

Stewart Street.

CHAPMAN, William. Mater Mariner who traded along the coast in the 1850’s. Settled here

and ran the Mersey ferry until 1886. Spent time as Harbour Master and Pilot, the latter until

1890.

FRIEND, Charles. Came to Torquay in 1859 as Customs Officer and as Acting Police

magistrate. Bought land on to of hill above East Devonport Primary School and built a house

there called Mt Beulah.

HIGGS, Edward. Prominent ship builder. Built a vessel (Manuka) on western end of Pardoe

Beach in 1876. Later established a shipbuilding yard on site of present Ferry terminal.

MUGGERIDGE, George. Torquay’s first blacksmith. A prominent citizen, community minded.

BRODIE, Capt. John. Master of one of the earliest vessels trading in and out of the Mersey in

the 1850’s. Made Mersey River his headquarters. Commodore first Port Frederick Regatta

Committee in 1857.

WIGMORE, Capt. Henry. An early Harbour Master at the Mersey. Regatta committee

member.

McARTHUR James. Member first Torquay Marine Board 1858. Early Police Magistrate at

Torquay. Was an artist and made several early sketches of the area.

CARTLEDGE, James. Early landowners around district. Prominent Methodist and foundation

member of committee which built first Methodist Church at Torquay. Had an early private

school in Torquay.

GRAY, William. Was a ferryman and shipwright at the Mersey in laye 1850’s. Became

Formby’s first postmaster in 1873. He dies the following year and his wife took over post office

until the early 1890’s.

CUMMINGS, Edwin and Anderson. Began sawmilling at the River Don in 1853 with Joseph

Raymond. Came from Canada. Built up Coasts first commercial enterprise, building ships,

shipping timber, building tramways, provided school and church for the Don community. Ill

health forced both families to move to Victoria and business taken over by Mr John Henry in

1873 who formed the famed River Don Trading Company.

GIBSON, John. Pioneer settler at Don in 1860. Became prominent in the farming community,

farmers organisations, Marine Board etc.


ITEM 13.5

DRISCOLL, Richard. Chief Constable at Torquay in 1870s. Prominent in local affairs. Made

Torquay his home.

STEER, John. First solicitor in the Mersey. Came to Torquay in 1864.

TAYLOR Brothers. Four brothers all master mariners, traded in and out of the Mersey in early

days. Ships built especially for them by Edward Higgs. One brother, Edward, built Sea View

Hotel, now demolished, on south-eastern corner of Stewart/Rooke intersection.

PRIEST, Stephen. Senior and Junior. Architect and builder respectively. Responsible for many

of the well designed buildings built here including present Gallery and Methodist Church.

MASTERMAN, Robert. Master builder of many fine brick houses in Devonport, some of which

are still standing.

JACQUES, John and William (pronounced Jarks). First Mersey Bluff lighthouse keepers. One

of them buried at Bluff Cemetery. One saved life at Mersey Bluff and received a

presentation from the town.

SLOCUM, Capt. Joshua. The first man to sail solo around the world. Stayed for some time in

Devonport on his voyage in 1897.

CHRISTENSEN, Capt. Andrew. Prominent early mariner and resident. His property was

Allanbrae , now the site of the street that name.

ANTHON, Jens. One of the three sea captains who sailed in and out of the Mersey. Jens built

his home on the corner of Wenvoe and Turton Streets which is still standing – just. The

Anthons, a trading vessel was built for the brothers in the Mersey River.

NOAKE, Capt. William. His home port was Devonport. He had his home built in Wenvoe

Street, Maryville, in 1883 which is still there.

LUCK FAMILY. Here since 1880’s. Two generations helped develop the City. There is a large

file available of their achievements. (late last century Bluff Road was actually called Lucks

Parade)

MUNNEW, Arthur. Built Meercroft in 1889. Prominent benefactor. Bequeathed the property

to Devonport Council for use as a nursing home.

BARTON Villa. Was the family home of the Holyman family in Wright Street, East Devonport.

WASHINGTON, George. Early ship builder on eastern side of the Mersey River.

YAXLEY family. Early farming family since 1850’s, particularly in the Don area.

MARCONI. On 12 July, 1906 the Marconi Telegraph Company conducted the first

communication across water in the southern hemisphere from East Devonport to

Queenscliffe, Victoria.

DARGAVILLE, Capt. Lived here and captained vessels in and out of the river.

KIMPTON, Mr. T. Early architect who had an office in Stewart.

BERWICK, Kerry. Devonport’s first Mayor of the City. Now deceased.

ALLISON, Norman. Devonport Council Clerk for many years. Now deceased.


ITEM 13.5

GADSBY, William. Architect and builder. 1870’s designed and built St Pauls Anglican Church,

Torquay.

INNES, William. Mersey Ferry lessor for many years 1886 – 1903.

MULLIGAN, Percy. One of the first to recognise the value of history of the area and began

researching and gathering information. Some of his original handwritten notes still survive

having come into possession of the Maritime Museum. Long time manager of River Don

Trading Company store in Rooke Street.

ROMNEY Sawmills. Name of the large sawmill located up Spreyton flats, commenced 1853.

Owned by David Cocker and William Dean and was responsible for much early employment

as it ran 24 hours a day.

Early ships which visited regularly:

KILLERMONT (from 1853)

MOUNTAINEER (from 1860s)

TITANIA (from 1854)

HERCULES (owned by Capt. Hedstrom)

GAZELLE (late 1850s)

Once there was five shipbuilding yards on the River. The following are some of the vessels

built and launched here:

ERSKINE (1880s)

EVELINE (1875)

BEREAN (1876)

IOLANTHE (1886)

SWIFT (1883)

THISTLE (mascot in River for many years, conveyed people and goods between Latrobe,

Formby and Torquay)

VALKYRIE & BRYNHILD (two yachts built on Woods Point for the Henry Family in 1906, one still

survives in Hobart)

PEERLESS (1876)

PRICILLA (1885)

DORSET (1896)

RUBY (1877)

DART (1875)

VOILET (1882)

Other shipping names – passenger ferries from Victoria to Devonport:

NAIRANA

MANGANA

LOONGANA

PATEENA

OONAH

Application of Street names - Attachment 2 ATTACHMENT [2]

ITEM 13.5


ITEM 13.5


ITEM 13.6

13.6 REQUEST FOR MIN OR AMENDM ENT TO PERMIT SA2009.0006 - 110 SHEFF IELD R OAD , SPR EYTON

13.6 REQUEST FOR MINOR AMENDMENT TO PERMIT SA2009.0006 - 110

SHEFFIELD ROAD, SPREYTON

File: 24454 D276177




Strategy 2.1.2 Provide high quality, consistent and responsive development

assessment and compliance processes

Purpose The owner of the land is seeking approval for a minor amendment to the planning permit

issued for the above subdivision. The owner is submitting that the 25m rear boundary

setback required in the Part 5 Agreement attached to the Titles has reduced the building

envelope to a level which is restricting the sale of the lots for certain development.

The applicant’s letters are attached as Attachment 1

BACKGROUND In April 2009 a Section 43A application was made for the subdivision of land into 4 lots and

an amendment to the planning scheme to rezone the subject land from Rural to Closed

Residential. This was initiated by Council in June 2009 and ultimately approved by the

Tasmanian Planning Commission (TPC) in February 2010.

The original assessment and recommendation anticipated the potential conflicts between

the future residential development of the lots and the adjoining rural land. An excerpt

from the original report best describes the issue. (Please note that the original submission

was 5 lots)

“As the proposed subdivision is located adjacent to a rural lot, it is considered

appropriate that a buffer be provided as best as possible between the uses. In this

case, the land directly adjacent to the rear of the lot is used for a combination of

orchards and grazing. Whilst the owner of this lot has written a letter stating that he

has no opposition to the subdivision, it is necessary for Council to consider future

permitted uses on the adjacent land which may be of a greater impact.

Consequently, it is recommended that lot 3 be deleted in order to provide a buffer

between the residential use and adjacent rural uses. This would allow up to 25m

buffer, which whilst still can be used for purposes ancillary to residential (such as a

backyard or garage etc) may be less affected by noise and dust associated with

rural activities. Additionally it is recommended that the applicants be required to

double glaze windows of habitable rooms to minimise possible future conflict.”

This detail was translated through to the permit conditions and final approval from the TPC

as follows:

6. Before the development starts or the final plan of survey for the subdivision is sealed,

the applicant and the Council must enter into an Agreement pursuant to Part 5 of

the Land Use Planning and Approvals Act 1993 in respect of the land. The

Agreement is to provide that the applicant covenants and agrees with the

Devonport City Council that –


ITEM 13.6

a) No habitable room is to be located closer than 25m to the western boundary;

and

b) That all west facing windows of habitable rooms are to be double glazed; and

c) That on lot 4 all southern windows are to be double glazed; and

d) To advise any successors in title of the existence of the agreement and its terms

and conditions

A copy of the Certificate of Title for the lots is reproduced below with the superimposed

25m boundary

Lot 3 contains an existing house which is sited approximately 25 m from the western

boundary. An aerial overview reproduced below depicts the strip of land that burdens

the four titles.

Mr Snell raised his concern regarding condition 6a via representation in 2009, after Council

had certified the draft amendment and permit. Consequently, this matter was

considered by the Tasmanian Planning Commission (TPC) and Mr Snell spoke about his

concern at their public hearing into the matter.

Section 43K of the Land Use Planning & Approvals Act (LUPAA) states that:

(1) The owner of land, or a person with the consent of the owner, may request the

planning authority in writing to amend a permit referred to in section 43H which

applies to that land.

(2) The planning authority may amend the permit if it is satisfied that the amendment –

a. Does not change the effect of any decision of the Commission under section

43H.

b. …………………….

The Commission made a decision to uphold the draft condition imposed by Council when

approving the permit.


ITEM 13.6

COMMENTARY The situation agreed to between the Council and the developer per the decision of the

Tasmanian Planning Commission is to minimise conflicts by providing a control that ensures

adequate separation occurs between habitable rooms on the subject lots to the

adjoining rural land to the west.

An objective look at the three vacant lots quite clearly indicates that there is a satisfactory

building envelope for a single dwelling. That is, the 35m of the lots remaining once the

25m separation zone is deducted from the length of the 60m long lots results in a balance

of at least 700m2 per lot. This is greater than the minimum 666m2 per lot in the Closed

Residential zone.

From a design perspective non habitable portions of a building whether attached or

detached such as a garage, the bathroom, toilet and laundry portions of a dwelling are

still able to encroach or be situated within this 25m.

The lots also contain within the 25m buffer strip a drainage easement which constrains

development. There was consideration given to altering the 25m to align with the eastern

boundary of the drainage easement however when analysed the slight increase in area

wasn’t justifiable.

In general terms if Council chooses to approve the application the protocols under

section 43K of the Land Use Planning Approvals Act 1993 (the Act) need to be followed.

This section requires Council to notify interested parties and in this regard the final decision

was made by the Tasmanian Planning Commission. Section 43H (3) of the Act indicates

that –

“If the planning authority amends a permit in respect of which the Commission has

modified, deleted or added conditions or restrictions under section 43H(1)(b)(ii), the

planning authority must, by notice in writing served on the Commission, notify it of the amendments made to the permit.”

http://www.thelaw.tas.gov.au/tocview/content.w3p;cond=;doc_id=70%2B%2B1993%2BGS43H%40Gs1%40Hpb%40Hqii%40EN%2B20080716000000;histon=;prompt=;rec=69;term=#GS43H@Gs1@Hpb@Hqii@EN


ITEM 13.6

As a consequence the Act provides opportunity for any of the interested parties to

appeal against the decision. Conversely if Council chooses to refuse the application the

applicant has the same appeal rights.

However Section 43K of the Act provides some guidance to assist Council in their

determination. This States that the planning authority may only amend the permit if it is

satisfied that the amendment does not change the effect of any decision of the

Commission.

FINANCIAL IMPLICATIONS There are no financial implications in the consideration of this application unless an

appeal is made to the Resource Management and Planning Appeal Tribunal.


CONCLUSION Mr Snell raised his concern regarding condition 6a via representation in 2009, after Council

had certified the draft amendment and permit. Consequently, this matter was

considered by the Tasmanian Planning Commission (TPC) and Mr Snell spoke about his

concern at their public hearing into the matter. The Commission made a decision to

uphold the draft condition imposed by Council when approving the permit.

Consequently, Council cannot approve the request for the minor amendment. The

purpose of the condition is to minimise conflict between residential uses and neighbouring

rural uses.

ATTACHMENTS

1. Letters - RM Snell - Request for a Minor Amendment SA2009.0006

Recommendati on

RECOMMENDATION

That application has been investigated and it is recommended that the application to

amend the planning permit for SA2009.0006 not be approved for the following reason:

1. The proposed amendment changes the effect of the Tasmanian Planning

Commission decision made under Section 43H of the Act.

2. Nothing has been provided that demonstrates any change in potential land use

conflicts between the subject lots and the adjacent Rural Zone to the west.

3. The restriction still provides a reasonable area of land suitable for development

containing habitable rooms.

4. The existing drainage easements constrain large development including outbuildings

on this portion of the lots anyway regardless of the added imposition of a 25m

separation buffer.

Letters - RM Snell - Request for a Minor Amendment SA2009.0006 ATTACHMENT [1]

ITEM 13.6


ITEM 13.7

13.7 Suppl y and Deli ver y of Side Ar m Garbage Compactor Unit and Tr uck

13.7 SUPPLY AND DELIVERY OF SIDE ARM GARBAGE COMPACTOR UNIT

AND TRUCK

File: 25496 D276114




Strategy 5.5.2 Ensure comprehensive financial planning to meet sustainability

requirements

Purpose To seek Council approval for the purchase of a Side Arm Garbage Compactor Unit and

Truck as part of the 2012/2013 Capex Budget.

BACKGROUND The existing Side Arm Garbage Truck is at the end of its life and due to be replaced. The

existing truck is one of two trucks that service the residential areas of the municipality

including the rural areas.

COMMENTARY The new Side Arm Garbage Truck is to be used as part of the Domestic Garbage

Collection Service. In reviewing the requirements for this replacement it was resolved to

replace the existing truck with a similar truck without any significant changes.

Quotations were invited through the ‘Local Buy’ purchasing initiative. This is a

collaborative purchasing arrangement that provides competitive tendering on a large

scale. This arrangement is undertaken in accordance with the strict procurement

principles which are required by the Local Government Act 1993.

When reviewing the quotations the Side Arm Compaction Units were compared

separately to the trucks as either compaction unit can be fitted to each of the trucks. A

summary of the quotation schedules for both the compaction units and the trucks is

provided in Attachment 1.

The MacDonald Johnston Side Arm Compaction Unit is considered the most suitable

option for Council’s operations based on the following reasons:

It has an Engine Advance Switch which allows the engine revs to be reduced whilst

the side arm is being used. This means that the noise associated with emptying

wheelie bins is greatly reduced, along with less fuel consumption.

It has a remote bin litter which allows the operator to lift the bin from outside the cab.

This means that the driver doesn’t have to get back into the cab to empty bins. This

would be most useful for litter bins at events or within public reserves etc.

It has a semi automatic bin lifter which allows the operator to empty bins more easily

and requires less skill from the operator.

In reviewing the quotations received concerns were raised that the Hino Truck quoted by

FRM Hino is not the most suitable to be converted into a garbage truck. Council already

have a number of Isuzu Trucks in the fleet and to date haven’t had any major issues.


ITEM 13.7

There is also some efficiencies for Council by limiting the number of vehicle makes to

reduce the amount of critical spares required etc.

All quotations received were assessed in accordance with the assessment criteria detailed

in the IPWEA Plant Management Manual. The assessment criteria were:

- Quoted Price – assessed the quoted price.

- Operational Requirements – assessed the OH&S aspects from the operator’s

perspective and the operational effectiveness and manoeuvrability.

- Mechanical Assessment – assessed the power and performance and serviceability.

- Delivery, back-up and Testimonials – assessed the warranty details, parts supply,

service and call out support.

- Environmental – assessed the capacity to meet environmental standards (inc. Euro

5).

The Isuzu Truck scored highest against four of the five assessment criteria and the

MacDonald Johnston Compaction Unit scored highest against five of the five assessment

criteria. A summary of the quotation evaluation for both the compaction units and the

trucks is provided in Attachment 2.

FINANCIAL IMPLICATIONS The replacement for the existing Side arm Garbage Truck is included in the 2012/2013

Capex Budget Adopted by Council on 18 June, 2012. The quoted price of $317,052.00 for

the MacDonald Johnston SL5-18 Side Arm Compaction Unit and FVD1000 Isuzu Truck

offered by Webster Trucks - Isuzu falls within the budget amount of $340,000.

RISK IMPLICATIONS Assets, Property and Infrastructure

Using plant and machinery past the end of its effective life causing increased

maintenance costs.

CONCLUSION The recommended truck to purchase is a FVD1000 Isuzu Truck fitted complete with a

MacDonald Johnston SL5-18 Side Arm Compaction Unit quoted from Webster Trucks -

Isuzu.

ATTACHMENTS

1. Quotation Specification Summary

2. Quotation Evaluation Summary

Recommendati on

RECOMMENDATION

That the quotation from Webster Trucks - Isuzu for the supply of a FVD1000 Isuzu Truck fitted

complete with a MacDonald Johnstone SL5-18 Side Arm Compaction Unit at a quoted

price of $317,052.00 (GST exclusive) be accepted.

Quotation Specification Summary ATTACHMENT [1]

ITEM 13.7

Quotation Specification Summary – Side Arm Compaction Unit

MacDonald

Johnston

Superior Pak

Description/ Model: SL5-18 SL 18cm Pendulum

Packer

Closest Dealership: Victoria Victoria

Quoted Price (ex GST): $193,652.00

Includes:

Engine advance

Remote bin lifter

Semi auto bin

lifter

$197,985.00

Delivery Time: 8 weeks from

chassis delivery

8 weeks from

chassis delivery

Warranty: 12 months 12 months

Quotation Specification Summary - Truck

Isuzu Hino Iveco

Description/ Model: FVD 1000 GH 1728 2350G

Closest Dealership: Launceston Launceston Launceston

Quoted Price (ex GST):

$123,400.00 $112,259.00 $156,342.00

Details of Equipment:

Transmission 5 Auto 5 Auto 5 Auto

Suspension Air Air Air

GVM/GCM 16,500 17,000 16,500

Power (kW) 295 285 280

Delivery Time: 12 weeks 14 weeks 12 weeks

Warranty: 3 years, 200,000 kms 3 years, 200,000 kms 24 months

Quotation Evaluation Summary ATTACHMENT [2]

ITEM 13.7

Quotation Evaluation Summary – Side Arm Compaction Unit

Weighting MacDonald Johnston Superior Pak

(w) (s) (w x s) (s) (w x s)

Quoted Price 30 5 150 4 120

Operational

requirements

30 5 150 4 120

Mechanical

Requirements

20 5 100 4 80

Delivery, Back up

& Testimonials

10 5 50 3 30

Environmental 10 5 50 4 40

Total Score 500 390

Quotation Evaluation Summary - Truck

Weighting Isuzu Hino Iveco

(w) (s) (w x s) (s) (w x s) (s) (w x s)

Quoted Price 30 4 120 5 150 3 90

Operational

requirements

30 5 150 4 120 3 90

Mechanical

Requirements

20 5 100 5 100 4 80

Delivery, Back up

& Testimonials

10 5 50 4 40 4 40

Environmental 10 5 50 5 50 5 50

Total Score 470 460 350

devonport council agenda 20th august 2012

Documents

notice of meeting notice

council meeting d275327

council minutes

council chambers

persons general advice

ordinary meeting

qualified persons advice

prior council meetings