agenda - council meeting - 18 february 2013

NOTICE OF MEETING

Notice is hereby given that an Ordinary Meeting of the Devonport City Council will be held in The Council Chambers, on Monday 18 February 2013 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 13 February 2013.

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

Report to Council Meeting on 18 February 2013

ITEM 4.0

AGENDA FOR A MEETING OF DEVONPORT CITY COUNCIL TO BE HELD ON MONDAY 18 FEBRUARY 2013

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 ................................................ 80 5.0 PUBLIC FORUM ........................................................................................ 80 5.1 Responses to questions raised at prior council meetings (D289395) .................................... 80

5.2 Questions asked at this meeting ................................................................................................. 80

6.0 CONFIRMATION OF MINUTES...................................................................... 82 6.1 Minutes of an Council Meeting held 21 January 2013 ........................................................... 82

7.0 WORKSHOPS & BRIEFING SESSIONS ............................................................ 83 7.1 Workshop and Briefing Sessions held since the last council meeting (D289093) ............... 83

8.0 PLANNING AUTHORITY MATTERS ................................................................ 84 8.1 PA2012.0146 Miscellaneous (Renovation of boat shed & development of

pontoon jetty & boat ramp) - Crown Reserve Foreshore behind 124 River Road, East Devonport (D289415) ........................................................................................................... 85

8.2 AM2013/01 Rezone from General Industrial and Closed Residential to Tasman Street Commercial Zone - part of 117 Tasman Street & 67, 69, 71, 73, 75, 77-79, 83, 85 & 87 William Street (D289721) ............................................................................................... 140

9.0 NOTICES OF MOTION ............................................................................. 320 9.1 Financial Support for Devonport Youth - Combined Proposition to Service Clubs -

Notice of Motion - Ald G F Goodwin (D289043) .................................................................... 320

9.2 Stony Rise Road - Improvement of Safety - Black Spot Funding - Notice of Motion - Ald B L Cole (D289119) ............................................................................................................... 321

9.3 Green Waste and Bulky Waste Collection - Notice of Motion - Ald J T Keay (D289194) ...................................................................................................................................... 322

9.4 Quarterly Public Consultation Meetings - Notice of Motion - Ald L M Laycock (D289346) ...................................................................................................................................... 323

10.0 MAYORAL REPORT ................................................................................. 324 10.1 Mayor's Monthly Report (D288991) ........................................................................................... 324

11.0 GENERAL MANAGER'S REPORTS ............................................................... 326 11.1 Elected Members Expenditure Report (D289118).................................................................. 326

12.0 CUSTOMERS AND COMMUNITY REPORTS ................................................... 328 12.1 Minutes of Controlling Authorities, Working Groups and Special Committee

Meetings (D289106) ..................................................................................................................... 328

13.0 TECHNICAL AND FINANCE REPORTS .......................................................... 342 13.1 Capital Works Report (D289237) ............................................................................................... 342

13.2 Devonport Foreshore Market - Formby Road Closure (D289331) ....................................... 346

13.3 Finance Report for January 2013 (D288903) ........................................................................... 358


ITEM 4.0

4.0 CLOSED SESSION The following items 4.1 to 4.7 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.

RECOMMENDATION That the meeting be closed to the public, to enable Council to consider Agenda Items 4.1 to 4.7 which are confidential matters as prescribed in Regulation 15(2) of the Local Government (Meeting Procedures) Regulations 2005.

4.1 Application for Leave of Absence

4.2 Bass Strait Maritime Centre

4.3 Mersey Bluff Precinct

4.4 Unconfirmed Minutes of Meeting

4.5 Exclusivity Agreement

4.6 Financial Assistance Policy

4.7 Performance Report


ITEM 5.1

5.0 PUBLIC FORUM

5.1 RESPONSES TO QUESTIONS RAISED AT PRIOR COUNCIL MEETINGS File: 27452 D289395

Meeting held 21 January 2013

Reproduced below is the response dated 30 January 2013 to Mr Bob Vellacott’s question:

In response to the questions raised at the 21 January 2013 Council meeting, please find enclosed relevant information.

My questions:

1. Has Council sought or obtained legal advice re your DUTY OF CARE requirements to ensure the safety and welfare of those who use the Bluff Complex, beach and surrounds.

In the 2011/12 financial year the Devonport City Council engaged Royal Surf Life Saving Tasmania to undertake an audit of the Mersey Bluff and immediate surrounding audit.

One of the recommendations from the audit was to improve the signage relating to the safety and well being of patrons.

The amount of $5,000 has been allocated in the 2012/13 Capital Works program, and is listed in Appendix B of the Annual Plan and Estimates 2012/13 as line item Surf Life Saving report – Signage.

This project is 100% through the design phase but yet to be constructed/ installed, with a projected completion date of February 2013.

Devonport City Council works closely with Royal Surf Life Saving Tasmania in the provision of services and facilities for the Devonport Community. Council facilities and services are audited annually, and benchmarked against National standards and legislative requirements.

2. What is the time scale for the $12,000. This is how many days service will be provided if Council takes up Life Saving Tasmania’s offer.

The $12,000 proposal from Surf Life Saving Tasmania made provision for 2 Surf lifeguards to patrol the Mersey Bluff Beach 10am – 4pm , Monday to Friday from 21 December 2012 until 4 February 2013.

The Devonport Surf Life Saving Club currently patrol weekends only.

3. Is Council satisfied that correct placement suitable and adequate SAFETY signage exists in the area eg where to swim, directions to first aid and emergency services etc?

In 2011/12 financial year the Devonport City Council engaged Royal Surf Life Saving Tasmania to undertake an audit of the Mersey Bluff and immediate surrounding audit

Recommendations from this audit are being implemented.


ITEM 5.1

4. Mayor and Aldermen in view of what was printed in the Advocate and the concerns expressed by many of what I believe is a very serious matter of urgency, will Council meet with Life Saving Tasmania, Devonport Surf Life Saving Club officials and others who are concerned as soon as possible and take any necessary action required?

A Council workshop has been planned with appropriate Surf Club personnel at the Devonport Surf Club on 25 February 2013.

Meeting held 21 January 2013

Reproduced below is the response dated 7 February 2013 to Mr Adam Brooks MHA’s question:

“I refer to your query at the Council meeting held on 18 January, 2013 regarding progress with the upstairs restaurant at the Bluff.

The Council’s Bluff Precinct Committee is meeting on a regular basis to pursue options in relation to the vacant upstairs restaurant. This matter is high on Council’s priority list and will continue to be until such time as the restaurant is operating.

I thank you for your interest in Council matters.”

ATTACHMENTS Nil

RECOMMENDATION That the report advising of responses to questions raised at a prior Council meeting be received and noted.

5.2 QUESTIONS ASKED AT THIS MEETING


ITEM 6.0

6.0 CONFIRMATION OF MINUTES

6.1 COUNCIL MEETING - 21 JANUARY 2013 RECOMMENDATION That the Minutes of the Council Meeting held on 21 January 2013 as circulated be taken as read and confirmed.


ITEM 7.1

7.0 WORKSHOPS & BRIEFING SESSIONS

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

04/02/13 Mersey Bluff Car Park Extensions

Overview of options

Devonport Foreshore Market Discussion regarding road closure

Commercial Garbage Collection

Presentation on current waste management rating

Update – H&S Provision of overview of the new Health & Safety legislation introduced in January 2013, current performance and future direction of DCC regarding safety and risk

11/02/13 Update – Aquatic Centre Project

Update for Aldermen on current progress at the Aquatic Centre.

Rating Models The General Manager presentation in relation to Rating Models.

RECOMMENDATION That the report advising of Workshop/Briefing Sessions held since the last Council meeting be received and the information noted.


ITEM 8.1

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 Items 8.1to 8.2. 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 items are to be dealt with at the meeting of Council in its capacity as a Planning Authority.

8.1 PA2012.0146 Miscellaneous (Renovation of boat shed & development of pontoon jetty & boat ramp) - Crown Reserve Foreshore behind 124 River Road, East Devonport (D289415)

8.2 AM2013/01 Rezone from General Industrial and Closed Residential to Tasman Street Commercial Zone - part of 117 Tasman Street & 67, 69, 71, 73, 75, 77-79, 83, 85 & 87 William Street (D289721)


ITEM 8.1

8.1 PA2012.0146 MISCELLANEOUS (RENOVATION OF BOAT SHED & DEVELOPMENT OF PONTOON JETTY & BOAT RAMP) - CROWN RESERVE FORESHORE BEHIND 124 RIVER ROAD, EAST DEVONPORT

File: 27727 D289415

RELEVANT PORTFOLIO Technical and Finance

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

Strategy 2.1.1 Ensure the City's Planning Scheme supports local community character and appropriate land use.

PURPOSE It is proposed to construct a pontoon jetty and boat ramp on the Mersey River and renovate an existing boat shed on Crown land adjacent to 124 River Road, East Devonport. The purpose of this report is to determine the merits of the proposal.

BACKGROUND Planning Instrument: Devonport & Environs Planning Scheme 1984

Applicant: Tas Span Pty Ltd

Owner: Crown

Proposal: Miscellaneous (Renovation of boat shed & development of pontoon jetty & boat ramp)

Existing Use: Crown Reserve & Mersey River

Decision Due: 18 February 2013

This report was presented at the December and January Council Meetings, and a decision deferred until the February meeting. An extension of time has been sought until 18 February 2013 and a decision must be made at this meeting.

SITE DESCRIPTION The site is located behind 124 River Road, East Devonport (lot 3 on the plan below) and the adjacent Crown Reserve. There is no title for the reserve which runs alongside the length of the Mersey River. The reserve has a width of approximately 25m and contains grassed areas and native vegetation, along with an existing dilapidated boat shed. The reserve falls approximately 5m from its eastern side to the riverbank on the west. The riverbank is rocky and silted. Oysters can be seen attached to the rocks on the northern side of the area at low tide and the area is seen to include a small bay.


ITEM 8.1

Figure 1 – Title plan showing 124 River Road (lot 3), adjacent Crown Reserve & Mersey River

APPLICATION DETAILS The application is for the renovation of an existing boat shed and construction of a pontoon jetty and boat ramp. The jetty is identical to that located at Horsehead Creek and was chosen due to its suitability for the area. The jetty has a proposed length of 28.3m and the boat ramp a length of 26m. A gravel track from 124 River Road, across the Crown Reserve, is required to gain access to the proposed jetty and boat ramp.

It is proposed the existing boat shed be reclad, either in timber or colorbond.

Figure 2 below shows the approximate location of the proposed jetty in red.

Figure 2 - Aerial view showing approximate location of proposed jetty in red

PLANNING ISSUES The Crown Reserve is reserved as Public Open Space under the Devonport and Environs Planning Scheme 1984. The table to clause 2.2 of the Planning Scheme details the land reservation and the respective uses for those reservations. The relevant part of the table is shown below.

Column 1 Land Reserved and its indication on the plan

Column 2 Purposes for which land reserved

All land shown as Public Open Space Botanical Gardens, Public Park and


ITEM 8.1

(coloured mid silk green) Passive Recreation, Recreational Grounds, Museums and Zoos. The installation of Utility Services (minor), Private Recreation

The following restrictions apply to reserved land:

2.3.1 No person shall construct a building or carry out any works upon any piece of land reserved by this Scheme other than for the purposes prescribed under Clause 2.2 for such land.

2.3.2 No land reserved under this Scheme shall be spoiled or wasted so as to destroy or impair its use for the purposes for which it is reserved.

2.3.3 Nothing in this Clause shall be construed as prohibiting the reasonable fencing of land.

2.3.4 Until the land is acquired or obtained for the purposes prescribed under Clause 2.2 nothing herein shall prohibit the continuance of the use of any reserved land for any purpose for which it was lawfully used immediately before the approved date.

The boat shed built on the Crown Reserve was constructed prior to the introduction of the current Planning Scheme. It has existing use rights which mean the use can continue although it cannot be intensified, as per Part 4 of the Planning Scheme. It is proposed merely to reclad the boat shed due to its dilapidated state.

The Mersey River is uncoloured under the Devonport & Environs Planning Scheme and is therefore deemed to be a Rural zone (Central Coast Council v Resource Management and Planning Appeal Tribunal [2007] TASSC 41, 20 June 2007).

Section 8.7.1 of the Devonport and Environs Planning Scheme 1984 states that this zone is primarily intended for Agricultural Uses.

Private boat ramps and jetties are not specifically defined as uses in the Planning Scheme and therefore ‘miscellaneous’ is deemed to be the best fit. The Planning Scheme defines miscellaneous as any use of land which is not specifically defined.

The Planning Scheme is silent in regard to the assessment of miscellaneous use and development in the rural zone and therefore Section 6.2 must be relied on to provide guidance. Section 6.2 of the scheme is reproduced below:

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:

6.2.1 the provisions of this Scheme;

6.2.2 any detailed plan, code, or standard adopted by resolution of Council for the development of any locality, zone, or class of use or uses covered by the provisions of this Scheme;

6.2.3 the character of the locality, the existing and future amenities of the locality and the values of the properties in the surrounding locality;

6.2.4 the availability of existing public utility services and roads;

6.2.5 the size and shape of the parcel of land;

6.2.6 the provisions of access, and areas for loading, parking and the manoeuvre of vehicles;


ITEM 8.1

6.2.7 the provision and subsequent proper maintenance of adequate landscaping and associated street furniture, amenity facilities, illumination and treatment of the site generally;

6.2.8 the circumstances of the case and the public interest;

6.2.9 the position of buildings on allotments in relation to boundaries or to other buildings, their density, character, height and harmony in design of facades;

6.2.10 the need to impose limits as to length of establishment of operation and the periods within which activities may be carried out;

6.2.11 the desirability of preserving any existing buildings considered to be of historical or architectural interest and the effect of the proposed development on the heritage significance of Heritage Items, Heritage Areas and places the Planning Authority considers to have historical or architectural interest.

6.2.12 the effect of the development on any scenic views from adjacent or nearby premises;

6.2.13 the requirements of any State Policy;

6.2.14 any other provisions under the Act.

The proposal is subject to both the State Coastal Policy 1996 and the State Policy on Water Quality Management 1997. Representations Five representations were received within the prescribed 14 day public scrutiny period required by the Land Use Planning and Approvals Act 1993. The representations are reproduced below.


ITEM 8.1


ITEM 8.1

6 Enderly Court

Ambleside 7310

General Manager

Devonport City Council

Dear Sir,

Re: PA2012.0146 – CROWN RESERVE FORESHORE BEHIND 124 RIVER ROAD EAST DEVONPORT – MISCELLANEOUS (RENOVATION OF BOAT SHED AND DEVELOPMENT OF PONTOON JETTY AND BOAT RAMP)

At this stage I must oppose the development. My major concern is that this major structure planned for private use only projects itself into the main channel of the river. At low tide this channel is not very wide so it should be left clear at all times for all the other various users of the river. For this 30 metre plus jetty to be placed where it is creates a hazard for other craft that need to keep in the deep water is a most undesirable project.

I note that many high speed vessels travel close along that particular shore where the main channel runs. I often feel vulnerable in my small dinghy when travelling in that area of the river, particularly from these new type high speed jet craft.

The major problem with the application is that it does not show the location of this main channel. A cross section drawing of the river at that point is necessary to properly evaluate my concern.

Further to that the drawing supplied by the applicant is not accurate in a number of ways. For instance it shows the high tide line approximately 11 metres from the existing timber boat shed when the high tide actually comes to within about 1 metre from the shed, this is a significant error. I also believe that the low tide line is also inaccurate, that line is shown indenting in the vicinity of the proposed jetty structure when my observations indicate that the low tide line in that area is more of a straight line. This is important because the nature of that line determines how much the jetty protrudes into the route taken my many river craft.

I would be prepared to review my objections if accurate plans and a river cross section are provided.

I take it that there will be no obstructions created by the project to any people travelling along the foreshore reserve.

Yours faithfully

Peter Schulze


ITEM 8.1

22 November 2012 Dear Sir, I would like to object to the planning application (No: PA2012.0146). As a boat and jetski user of the Mersey river, this pontoon will put a speed restriction on all users for this part of the river, according to the MAST regulations. It will also impede on the power boat racing and boat testing days. Also I think you will find, the so called 'rocky outcrops', are only seen at low tide, and at high tide they are quite safe to navigate over, which means if the pontoon is there, it will obstruct river usage in this area because it will stick out almost 30 metres into the river at high tide. Yours sincerely, Mark Templar 6 Ambleside Place Ambleside 7310 Ph. 0408 122 221


ITEM 8.1


ITEM 8.1

The matters raised in no particular order with relevant comments following each are summarised below:

Concerns that jetty will restrict the use of the river.

Comment – Representors are concerned that the jetty will restrict the use of the river for both powered and unpowered craft. Onsite inspections at both low and high tide reveal that the impact of the proposed jetty will be minimal. The photo below shows the approximate extent of the jetty at high tide marked by a buoy and highlighted by a black arrow. The two red arrows mark the location of the rocky outcrops shown on the plans and the white arrow shows the location of a rock approximately 20cm below the water level at high tide.

Figure 3 - Photo of subject site showing approximate location of extent of jetty (black arrow) rocky outcrops

(red arrows) and rock approximately 20cm below water level at high tide (white arrow)

The jetty will create a hazard to boats using the channel at low tide.

Comment – At low tide the jetty will extend approximately 4m into the river, similar to the jetty at Horsehead Creek. Photos of both low tide at the subject site and at the Horsehead Creek site are shown in Figures 3 & 4 respectively.


ITEM 8.1

Figure 4 - Photo taken at low tide showing approximate extent of jetty (black arrow), rocky outcrops (red arrows) and rock which is submerged approximately 20cm below water level at high tide (white arrow)

Figure 5 - Photo of Horsehead Creek jetty at low tide

Plans drawn inaccurately

Comment – The proposal plan, as shown in Figure 6 below appears to reflect the situation observed onsite in regard to the boat ramp and jetty. The existing boat shed however does appear to be closer to the western boundary of the foreshore reserve when onsite.


ITEM 8.1

Figure 6 - Proposal plan

Pontoon will put a speed restriction on all users as per Marine and Safety Tasmania (MAST) regulations

Comment – MAST requires all recreational vessels to observe the following speed limits:

No boat shall exceed a speed of 5 knots when within 60 metres of a wharf, jetty, mooring, the shoreline or other boat.

No boat shall exceed a speed of 5 knots when within 120 metres of a person swimming, a person diving (displaying the A flag) or a person wading in the water (http://www.MAST.tas.gov.au).

Figure 7 - Proposal plan


ITEM 8.1

As can be seen from the photos in Figures 4 & 5 the shoreline extends for a similar distance into the river as the proposed jetty in various locations. In light of this speeds will not alter substantially as there is insufficient distance between protrusions to increase speed. Figure 7 highlights this as the solid yellow line shows the approximate location of the 60m distance from shore within which a boat can travel at no more than 5 knots. The yellow hatched areas show the difference from the shore to the extent of the existing Horsehead Creek jetty and the proposed jetty.

Rocky outcrops are only seen at low tide and are safe to navigate over at high tide

Comment – As shown in Figure 4 the rocky outcrops shown on the proposal plan are clearly visible at high tide. Some sections of the rocks are safe to navigate over at high tide while others are not.

No public benefit

Comment – While there may be no direct public benefit as a result of the proposal there is also no detriment to the public. During discussions with the owner he did comment that any passing boats would find it easier to come alongside a jetty rather than the shore should they need to for any reason.

Significantly change the appearance of the current, almost natural, state of the foreshore

Comment – The foreshore already contains several boat ramps, a small jetty, and the boat shed in the area of the proposal (see Figure 8).

Figure 8 - Subject site (yellow arrow) and existing boat ramps and jetty (red arrows)

Approval will set a precedent for other similar approvals

Comment – Planning legislation does not enable individual applications to set a precedent as each application must be assessed on its merits.

Access along the foreshore will be blocked


ITEM 8.1

Comment – It will be a requirement of the proposal that access along the foreshore be maintained.

A vessel moored at the end of the jetty will extend the length of the jetty.

Comment – The owner of 124 River Road does not intend to leave a vessel moored to the jetty due to the currents in the area. Should this change in the future MAST is the body responsible for moorings.

Boat ramps owned by MAST must be cleaned regularly. Does this also apply to private owners and who monitors this?

Comment – It is unknown whether this requirement applies to private owners however it would be their responsibility to ensure the ramp is clean if required. It is acknowledged that should the owner wish to use the ramp it would be in his best interests to ensure it remains clean.

Who assumes responsibility for the structure if subsequent property owners have no interest in the boat ramp/jetty?

Comment – It is likely that the boat ramp and jetty would be a selling point for the property. However, if subsequent owners had no interest in the infrastructure it would remain their responsibility to maintain.

COMMENTARY As stated earlier the proposal must be assessed against section 6.2 of the Planning Scheme. Each clause of the scheme is reproduced below and addressed.

6.2.1 the provisions of this Scheme;

There are no specific provisions under which to assess the application other than the Part 6 provisions.

6.2.2 any detailed plan, code, or standard adopted by resolution of Council for the development of any locality, zone, or class of use or uses covered by the provisions of this Scheme;

Not applicable.

6.2.3 the character of the locality, the existing and future amenities of the locality and the values of the properties in the surrounding locality;

The proposal will not alter the character of the locality. There is a similar jetty opposite, at Horsehead Creek, and a number of boat ramps and a small jetty in close proximity to those proposed.

6.2.4 the availability of existing public utility services and roads;

Not applicable.

6.2.5 the size and shape of the parcel of land;

The size and shape of the land is suitable for the development proposed.

6.2.6 the provisions of access, and areas for loading, parking and the manoeuvre of vehicles;

Access will be gained to the boat ramp, jetty and boat shed via 124 River Road. There is sufficient space on this lot for loading, parking and the manoeuvre of vehicles.


ITEM 8.1

6.2.7 the provision and subsequent proper maintenance of adequate landscaping and associated street furniture, amenity facilities, illumination and treatment of the site generally;

A detailed flora and fauna habitat study was completed for the site. It was identified that the Crown reserve contains a threatened vegetation community being Eucalyptus ovata Forest and Woodland. This community consists of Eucalyptus ovata being the dominant tree with an understorey of Melaleuca ericifolia.

Three specimens of Melaleuca ericifolia will be required to be removed to provide access from 124 River Road to the site. To off-set this it was recommended that the property owner manage and control the environmental weeds identified in the Crown reserve and plant and establish new trees of Melaleuca ericifolia and Eucalyptus ovata within the Crown reserve.

6.2.8 the circumstances of the case and the public interest;

While the proposal has created public interest it is deemed that the development will not negatively impact on the public. The main concerns raised are in regard to restricted use of the river and foreshore. Inspections of the site have revealed that the proposal will not impact on the public’s ability to either use the river or gain access across the foreshore.

6.2.9 the position of buildings on allotments in relation to boundaries or to other buildings, their density, character, height and harmony in design of facades;

The boat shed is existing and is well screened by the existing vegetation.

6.2.10 the need to impose limits as to length of establishment of operation and the periods within which activities may be carried out;

There is no need to impose limits on when the infrastructure can be used.

6.2.11 the desirability of preserving any existing buildings considered to be of historical or architectural interest and the effect of the proposed development on the heritage significance of Heritage Items, Heritage Areas and places the Planning Authority considers to have historical or architectural interest.

There are no buildings of historical or architectural interest in the vicinity.

6.2.12 the effect of the development on any scenic views from adjacent or nearby premises;

The proposal will not impact the views from any adjacent or nearby premises.

6.2.13 the requirements of any State Policy;

The proposal complies with the requirements of the both the State Coastal Policy 1996 and the State Policy on Water Quality Management 1997.

6.2.14 any other provisions under the Act.

Not applicable.

Permission from Crown Land Services is required to enable a development application to be made in regard to Crown land. Consent was made on 15 August, 2012.

The application detail was referred to Marine and Safety Tasmania who stated that it has no issues with the proposal.


ITEM 8.1

The proposed pontoon jetty was chosen by the applicant as it is the same as that installed at Horsehead Creek and is proven to be suitable for the area. As it is a floating jetty it will not impact sand deposits or alter the impact of the tide. FINANCIAL IMPLICATIONS No financial implications are predicted. CONCLUSION The proposal has been assessed by Council’s Development and Assessment Review Team and is recommended for approval.

ATTACHMENTS 1. Application Detail - PA.2012.0146 - Renovation of boat shed and

development of pontoon jetty and boat ramp

2. Flora and Fauna Habitat Survey

RECOMMENDATION That Council, pursuant to the provisions of the Devonport and Environs Planning Scheme 1984 and Section 57 of the Land Use Planning and Approvals Act 1993, approve application PA2012.0146 and grant a Permit to use and develop land identified as Crown Reserve Foreshore behind 124 River Road, East Devonport for the following purposes: Miscellaneous (Renovation of boat shed & development of pontoon jetty & boat

ramp)

Subject to the following conditions:

1. The Use and Development is to proceed generally in accordance with the submitted plans and documentation referenced as TS10-29-T s1 sheets 1 & 2 of 2 dated 01/08/12 and Report for DCC Planning Committee dated 02/11/12 by Tas Span Pty Ltd and Flora and Fauna Habitat Survey dated 9 October, 2012 by Philip Milner Landscape Consultant Pty Ltd, copies of which are attached and endorsed as documents forming part of this Planning Permit.

2. The developer is to ensure access along the foreshore is maintained to its current standard.

3. The developer is to plant and establish new trees of Melaleuca ericifolia and Eucalyptus ovata within the Crown reserve.

4. The property owner is to ensure environmental weeds identified in the Crown reserve

are controlled. 5. The developer is to install appropriate erosion control devices adjacent to the

concrete boat ramp to minimise erosion from concentrated water flow to the satisfaction of Council.

6. The developer is responsible for removing any spoil, waste or material generated by


ITEM 8.1

this development from the beach area at the conclusion of the works. Conditions are to be returned to an equal or better standard as were evident pre-construction.

7. Concrete is at all times to be pumped onto the development site. Vehicles are not

permitted to traverse the beach area.

Application Detail - PA.2012.0146 - Renovation of boat shed and development of pontoon jetty and boat ramp

ATTACHMENT [1]

ITEM 8.1

Flora and Fauna Habitat Survey ATTACHMENT [2]

ITEM 8.1


ITEM 8.2

8.2 AM2013/01 REZONE FROM GENERAL INDUSTRIAL AND CLOSED RESIDENTIAL TO TASMAN STREET COMMERCIAL ZONE - PART OF 117 TASMAN STREET & 67, 69, 71, 73, 75, 77-79, 83, 85 & 87 WILLIAM STREET

File: 28060 D289721



Strategy 2.1.1 Ensure the City's Planning Scheme supports local community character and appropriate land use.

PURPOSE The purpose of this report is to provide an assessment of an application to rezone part of 117 Tasman Street and 67, 69. 71, 73, 75, 77-79, 85 & 87 William Street from General Industrial and Closed Residential to Tasman Street Commercial Zone.

BACKGROUND Planning Instrument: Devonport and Environs Planning Scheme 1984

Applicant: Lester Franks Survey & Geographic Pty Ltd

Proposal: Rezone from General Industrial and Closed Residential to Tasman Street Commercial Zone

Decision Due: 1 March 2013

COMMENTARY Council engaged consultant Peter Button to assess this application. A copy of his report can be found in Attachment 1.

FINANCIAL IMPLICATIONS There are no financial implications as a direct result of making a decision on this planning application.

CONCLUSION It is appropriate for Council to take the advice of its planning consultant when deciding upon planning applications such as this.

ATTACHMENTS 1. Assessment Report by Peter Button, Planning Consultant

2. Copy of Application by Lester Franks Survey & Geographic


ITEM 8.2

RECOMMENDATION That Council not initiate amendment AM2013/01 to the planning scheme to rezone part of 117 Tasman Street and 67, 69. 71, 73, 75, 77-79, 83, 85 & 87 William Street from General Industrial and Closed Residential to Tasman Street Commercial Zone for the reasons provided in the conclusions section of Peter Button’s report in attachment 1.

Assessment Report by Peter Button, Planning Consultant ATTACHMENT [1]

ITEM 8.2

Introduction

I was approached initially by Malcolm Lester of Lester Franks Survey and Geographic Pty Ltd (Lester Franks), and later by Ian McCallum, General Manager of Devonport City Council in approximately June 2012, to provide some objective viewpoints regarding the application under Section 33 of the Land Use Planning and Approvals Act 1993 to Devonport City Council to rezone land in William and Tasman Street, Devonport. The application was submitted by Lester Franks on behalf of New Bounty Pty Ltd, Newbart Investments Pty Ltd, and AJW Securities Pty Ltd to amend the Devonport Planning Scheme 1984 to rezone a portion of 117 Tasman Street and 9 adjacent residential properties in William Street from “General Industrial” to a proposed new zone known as “William Street Retail and Bulky Goods Zone”. I submitted a report back to Council on 7 August 2012. This report reviewed the application, and

concluded that:

1. The application for amending the existing Devonport Planning Scheme 1984 to allow a rezoning of land in William and Tasman Streets for further retail development should be considered an “out of centre” versus an extension to the edge of an existing activity centre.

2. It is Impractical to consider that consumers/shoppers will be able to “one‐stop shop” at this proposed new location. For the proposed development to face William Street may be desirable, but the impact of traffic on Tasman Street and its adjacent residents cannot be ignored. The Traffic Impact Assessment provided by Pitt and Sherry and the application as a whole needs to be thoroughly reviewed by Council’s Infrastructure Engineering staff to assess the traffic impacts of this proposal in terms of Devonport’s current Traffic Modelling for the CBD and inner city.

3. Given that the 2008 Devonport Retail Study recommend that some additional 22,920 square metres of retail floorspace be supported (of which some 16,160 square metres should be for non‐food retail uses), and already the approved development at the Homemaker Centre and the recent approval of the Woolworths Marketplace development at Don Road significantly exceeds that figure, there does not appear to be a strong strategic justification for allowing a further additional 14,830 square metres of retail floorspace in a development which is clearly outside the established hierarchy of activity centres. The projected and actual (as reported in Census 2011) population growth and projected growth in retail spending from the broader Devonport region does not support the additional floorspace over and above what is already approved through Council’s planning process. The proposed Bunnings and additional office/business supplies outlet should be located within the existing established activity centres.

4. Whilst encouraging new economic development is critical, particularly for Tasmania as an

island State, it must be done in a strategic, integrated and co‐ordinated manner.

5. Demand for inner city residential development in a regional city such as Devonport, where infrastructure is already available, would suggest that the land should be designated either as Inner Residential or General Residential Zone under the PD1 planning template when the Devonport City Council’s interim planning scheme is finalized.


ITEM 8.2

This report and the application for rezoning was to be put to Council in August 2012, but I

understand the applicant requested that the matter be withdrawn.

Further discussions took place between the applicant and their consultants (officers from Lester

Franks), Council officers and myself during October and November 2012, in order for the applicant

and consultants to determine whether they should submit a further rezoning application, and

whether any additional application should be accompanied by a development application which

submitted actual details of the development proposal for the subject rezoning of the land (that is, a

full Section 43a application under the Land Use Planning and Approvals Act 1993).

Consequently, a further application to amend the Devonport Planning Scheme under s33 of the Land

Use Planning and Approvals Act 1993 was submitted to Devonport City Council in January 2013. This

report was accompanied by an Economic Analysis prepared by Essential Economics, and a Traffic

Report prepared by Pitt and Sherry.

The following report reviews these latest documents and provides Council with a further set of

objective conclusions and recommendations to consider.

Background Experience and Knowledge

As outlined in my previous report, in order to provide an objective viewpoint on the application to rezone the land, I have relied on the following experience and knowledge:

Strategic and statutory planning experience at a senior level within Local Government, regional planning and State Government over some 25+ years in New South Wales, Victoria, Queensland and more recently in Tasmania. In each of these roles, experience has been gained in assessing and determining applications for major retail related developments within, adjacent to and external to existing designated retail activity centres under the relevant planning controls of those locales.

First hand experience in implementing planning reform on behalf of the State Governments in Victoria and more recently in Queensland and Tasmania

Director of Development Services at Launceston City Council for 2.5 years up until the end of April 2012, involving leadership of the planning, physical and economic development functions of Council, participating with the neighbouring Northern Regional Councils in implementing a regional approach to planning reform (including the development of interim planning schemes in accordance with the Tasmanian Government’s Planning Directive 1 template)

Local resident and co‐owner of a small business in Port Sorell, and therefore regularly visit Devonport to undertake business and shopping.

I am an active member of the Cradle Coast Tourism Executive Board, Tasmanian Heritage Council, Community Transport Service Tasmania Inc., and the recently established Port Sorell District Community Enterprises Limited (which will be instrumental in establishing a Bendigo Community Bank Branch into Port Sorell).


ITEM 8.2

Overview and Assessment of the additional application to amend the

Planning Scheme

The additional application submitted to Council in January 2013 is for a Section 33 Planning Scheme Amendment to rezone 2.6329 hectares of land to create a new “Tasman Street Commercial Zone” to allow for “bulky goods sales”, as defined in the provisions contained within the Cradle Coast Regional Land Use Strategy 2012‐2030, and the draft Interim Devonport Planning Scheme that is being prepared in accordance with the State Government’s Planning Directive 1. The proposal as documented, suggests that the site specific rezoning will allow for up to two tenancies (a single tenancy building of 8,000‐11,000 square metres, plus an optional single tenancy building of 1,500 – 2,500 square metres. In total, the proposal suggests an additional maximum 13,500 square metres of bulky goods retail building space plus ancillary carparking and service areas. It is acknowledged that the Australian Weaving Mill currently operates a retail outlet for its manufactured textile products. This proposal differs somewhat from the previous proposal in that it reduces the proposed retail floorspace by some 9%. According to the application documentation submitted by Lester Franks, the proposed rezoning of the subject site will enable the maximisation of the economic development potential of a relatively under‐utilised site. The rezoning provides for location of a major national brand bulky goods (hardware and related homemaker merchandise) store on the larger portion of the site, and another “optional” and “complementary” bulky goods store for the smaller portion of the site. The application and its supporting documentation relies on the letter of 7 May 2012 from Martin Breheny (Property Development Manager Vic/Tas for Bunnings Pty Ltd) to substantiate a case that the major national brand will be Bunnings. But without the accompanying Section 43a development application, Council cannot be absolutely certain of the outcome. The site is predominantly surrounded by land which is zoned Closed Residential under the existing Devonport Planning Scheme 1984. The land to the south of the Australian Weaving Mill at 117 Tasman Street is occupied by Tasmanian Polytechnic and the Mersey Leven Child Care Services. The application highlights the fact that there is no heritage value in the subject site, nor is it constrained by land capability issues, nor constrained by natural values. Adequate water, sewerage and stormwater infrastructure is available for redevelopment of the site as proposed. William Street serves as an important connector road and primary access route into and out of Devonport and its CBD. It serves as a major connector between Mersey Bluff through the Fourways commercial area at the western end of the Devonport CBD, to the Bass Highway via the Middle Road interchange, and beyond to Spreyton and Sheffield. Tasman Street is seen as a minor collector route to serve the immediate local residential area.

Strategic Context

The Devonport Strategic Plan 2009 ‐2030 has a stated goal of Building a unique city. It recognises that “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


ITEM 8.2

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 2.1 of the Devonport Strategic Plan 2009‐2030 states amongst other things, that “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, and Provide high quality, consistent and responsive development assessment and compliance processes...” Outcome 3.1 recognises Devonport as the retail and service centre for North West Tasmania, and highlights the need to market and promote the City and its potential as a Regional business hub, and manage strategic urban development to support the “Go for Growth” initiatives that supports the primacy of the CBD and reduces fragmentation In 2012, the Hon. Bryan Green MP, Minister for Planning declared the Cradle Coast Regional Land Use Strategy 2010 – 2030. Within the planning framework outlined in this document, the application of sustainability principles is promoted in determining the pattern of future settlement, location of strategically important industrial land, the protection of major transport infrastructure and acknowledging the importance of resource extraction, rural activity and agriculture throughout the region. Priority is for growth and development for housing, business and community purposes be achieved through a careful mix of intensification within established urban boundaries and considered expansion. The term “sustainable development” is defined to mean a shared responsibility between government, industry and the community for the fair and orderly use and development of land. The rate of consumption must be sufficient to facilitate economic development and provide for the cultural and social welfare of communities in a manner that will serve the interests of both present and future generations The Cradle Coast Regional Land Use Strategy 2010 – 2030 recognises external policy influences and rivers, including affordability, efficiency and liveability of urban centres, including measures for urban expansion, transition to higher population densities, levels of internal transport congestion, dysfunctional infrastructure, social inclusion and active and healthy communities The Cradle Coast Strategy also recognises that a “diverse range of commercial, community, professional and personal services have evolved to support industry and population needs. The Strategy identifies that employment opportunities continue to diversify and expand in the retail, hospitality and tourism, education and health, and recreation sectors to engage over 29% of the workforce. Continued growth will be commensurate with size of the resident population and retention of primary and secondary sector capabilities”. The Strategy then follows on with the statement:

“It is important that planning determines demand and identifies suitable locations for both local service and export industries. There has been a tendency for non‐industrial uses such as bulky goods, large format retailing and indoor recreation to intrude into industrial areas. The attraction of large lots, cheaper land and ease of access provide advantage over other sites compete with uses for industrial land. Their presence has potential to displace or disrupt manufacturing, processing, and transport activity due to their different purpose and character. It is appropriate these forms


ITEM 8.2

of use be recognised and provided for in separate designated areas where there is a priority use for retail or recreation. Prospects for commercial and business activity are closely aligned to current and future population and to the capacity for economic activity to sustain a high proportion of the Region’s workforce. There is a strong public interest component in planning strategically for an aggregation of business and commercial land uses to support liveability and the wellbeing of communities. Designation of commercial centres allows ease of access to consumer goods and services and create places which provide a centre for community activity”.

Both the Cradle Coast Strategy and accepted best practice planning designates that settlement structure planning should encourage appropriate and sensitive redevelopment and rationalisation. Expansion at the fringe of existing centres is preferred over new locations to concentrate retail and commercial activity into geographically confined yet highly accessible locations. New retail and business activity should be directed to existing commercial locations unless necessary to serve requirements resulting from growth in local populations. Attention is required to avoid decline in attraction and performance of primary centres through dispersed provision of opportunity for bulky good and large format retailing on sites that are not contiguous. Specifically under section 3.3.9 Business and Commercial Activity, the Cradle Coast Strategy spells out the need to:

restrict intrusion by development that may displace industry through competition for cheaper land or by use conflict, including for bulky good and large format retailing and recreation,

maintain the integrity, viability and vitality of established centres by locating new business

and commercial development onto land within or immediately contiguous with existing town centres and commercial zones,

prevent leakage of commercial and retail activities from preferred locations by restricting

retail sales in other land use areas, and

provide designated locations for bulky goods and large format retailing, including for vehicle, building and trade supply, and home improvement goods.

The Devonport CBD Structure Plan Review (prepared by Aurecon in August 2009) was undertaken

for Council in order to determine:

a) whether the current boundaries of the CBD Zone and Best Street Shopping Centre as

provided for under the Devonport Planning Scheme were appropriate;

b) whether there needed to be any additional commercial land provided for adjacent to the

existing CBD;

c) whether the precinct standards and boundaries needed any adjustments; and

d) where there may be suitable sites for future large scale developments, or any

redevelopments within the CBD.


ITEM 8.2

The Devonport CBD Structure Plan Review was prepared following a thorough background analysis

(including a land use survey), stakeholder consultation, and a design charette workshop. The

Structure Plan Review recommended some small scale extensions to the CBD Zone to reflect existing

land use patterns, but recognised that the development of the Stony Rise Road Homemaker Centre

and the approval of the Woolworths/Big W Discount department store and associated specialty

stores at Don Road will reduce the demand for additional commercial land within the CBD over the

next few years. The Aurecon Structure Plan Review went further by recommending no significant

expansions of the boundary of the CBD Zone, and that a strong policy direction is maintained by

Council to prohibit further expansion in order to maintain residential amenity and traffic safety, and

to avoid further “strip” development.

Existing Situation

Devonport’s retail sector is a significant contributor to the local and regional economy accounting for over 2,000 jobs and serving a catchment which extends into the local government areas of Kentish, Latrobe and Central Coast. It is therefore seen as important that Devonport City Council maintain its support for the Devonport CBD to be the centre for higher order retail and regional servicing, through intensification of development and appropriate urban improvements (such as the recent streetscape works). According to the Devonport Retail Study, presented by Essential Economics Pty Ltd in December 2008, expected growth in retail spending is approximately 2% per annum over the period to 2021. The Devonport Retail Study forecasts an additional 22,920 square metres of retail floorspace development is supportable to 2021, when the following factors are taken into account:

the relative low projected growth in population (0.4% per annum),

the need to counter‐act the 21% of retail spending that is estimated to “escape” from Devonport to Launceston, Hobart, Melbourne and via the internet, and

the need to capitalise on additional expenditure attracted from the wider region (currently estimated at between 27‐35%).

Of the 22,920 square metres additional retail floorspace supported to 2021, some 16,160 square metres of floorspace should be available for non‐food retail uses. With the current application for rezoning that was submitted in January 2013, Essential Economics provided an Economic Analysis of the proposal. The Economic Analysis report asserts that “the proposed AWM bulky goods sales development…….significantly enhances the degree of integration and the functional relationship that the proposed development will have with the Steele Street precinct”. This assertion cannot be sustained. The Essential Economics report also asserts that the AWM outlet store is a “long standing retail use” on the subject site. That fact is acknowledged, albeit it is very much a secondary and ancillary use to the existing main land use for the site. The remainder of the Eseential Economics report provides excellent data which would support the location of a Bunnings style development somewhere suitable within Devonport, to support the local economy and bolster Devonport’s role as a regional retail and commercial centre.


ITEM 8.2

The recent closure of the Chickenfeed store in Rooke Street, and the number of other stores that have recently closed and left vacant shopfronts, are a clear indication of the uncertainty of the retail and general economic situation at present, both nationally but more particularly in Tasmania. In the face of such decline, it is tempting for Council to approve any application for new retail or commercial developments. However, for stability and certainty, it is important that Council clearly maintain its designated hierarchy of and articulate other activity centres within the city boundary both to provide certainty to business and investors in those areas, and also to attract business from the wider regional catchment. The new Homemaker Centre development between the Bass Highway and Stony Rise Road was approved by Council in recognition of the need to attract additional trade and expand its regional service role. It is understood that already some 25,000 square metres of the available 45,000 square metres allowed for in that centre, has been approved for development and is in the process of being built and expected to be operational mid 2013. The documentation provided by the applicant states that the site on the corner of Tasman Street and William Street is the only suitable location for such a proposal. The documentation also outlines the site requirements for location of a Bunnings store, and states that the Tasman Street site is the only current suitable site in Devonport. As stated in the Resource Management and Planning Appeal Tribunal’s 9 July 2008 findings on Appeal 55/08P (appeal by Lester Franks Survey and Geographic Pty. Ltd. against Devonport City Council’s refusal to grant a planning permit for development of a 5,632 square metres Bunnings Warehouse and a further 1,890 square metre bulky goods building on the subject site):

“28. Any argument that because a site has not been located that is suitable in a zone or precinct where the (Devonport Planning) Scheme provides a particular type of use ought be situated, then it is appropriate to exercise a discretion to allow it to occur in another zone under the scheme is rejected”

RMPAT in its findings recognised that Devonport City Council has a clear retail strategy and that any such proposal to develop a bulky goods warehouse and/or homemaker centre on the subject site/s is outside that strategy, whether it be by way of a development application that was refused by Council and the decision upheld by RMPAT in July 2008, or in the case of the current application that is the subject of this report, by way of a site specific rezoning. However, it is clear that such additional commercial floorspace for bulky goods retail development can in fact be adequately accommodated in the Stony Rise Road Homemaker Centre. It is primarily an issue of the owners of the Homemaker Centre and Bunnings negotiating reasonable and mutually beneficial terms in an agreement covering location, access and price for the appropriate site within the centre. To locate such floorspace in the Homemaker Centre would provide for positive spin‐offs for customers (be they residents of Devonport or its environs, or visitors to the region) in terms of minimal car use through one‐stop shopping, and improved customer service through increased competition and accessibility (avoiding having to negotiate traffic in and out of the greater Central Business District). Council needs to be mindful of the risk it faces if it allows further continual dispersal of its retail offer into a series of other fragmented and scattered locations, outside of the current CBD, Steele St/Don Street precinct, and the new Homemaker precinct. Fragmentation leads to loss of benefits that come from clustering and co‐location, and detracts from the consumer’s overall shopping experience. It


ITEM 8.2

would most certainly mitigate against Council’s preference for Devonport to be seen as the north west coast’s principal location and coherently planned centre for retail, commercial and other services. Continued fragmentation by allowing further strip or sub‐precinct commercial development also increases traffic issues, provides difficulty for provision of efficient public transport, and increases infrastructure development and maintenance costs for Council and other levels of Government.

Within the submitted documents, the proposed traffic management arrangement on the

William Street intersection may eliminated the opportunity of future capacity improvement on

William Street (by introducing “Clearway” parking control to gain an extra travelling lane in an

economical and lesser impact manner).

Considering that William Street is a sub‐arterial road, the proposed development and related

traffic management arrangements would most probably result in a reduction in capacity impact, as

well as additional road safety concerns (with expected increased crash rates due to incompatible

traffic activity or unexpected traffic movements, increased delay and interruptions).

Given the proposed development is of a relatively large scale, with an expected high traffic

generation rate, you could reasonably expect significant impacts not only on the William

Street/Tasman Street intersection, but also similar impacts on other major intersections within the

road hierarchy, particularly the William/Steele, William/Valley, William/Middle Rd and Bass Highway

– Middle Road Interchange. Before Council was to determine this matter, it would be necessary for

the Traffic Study to assess the impacts on these intersections at least, and provide appropriate

remediation works to address such impacts.

The proposed development will have high traffic generation rate at a location where:

no other commercial operation exists,

it is not adjacent to an approved commercial area such as the Central Business District, Don

Road commercial area, or newly developing Homemaker Centre at Stony Rise Road, and

it is surrounded with a well established residential area that already experiences relatively high traffic volume (by vehicles and pedestrians).

From experience in dealing with other large scale bulky goods developments, both in Tasmania and on the mainland, such a development will generate considerable negative impact on road safety, amenity and road asset management on William Street and more broadly on the Devonport transport/road network efficiency. The Traffic Study does not adequately address these issues.

In order to assess the impact on Devonport’s road traffic operation efficiency, the SIDRA input

data would be required to be provided for all assessment junctions as outlined above (that is, the

intersections of William/Steele, William/Valley, William/Middle Rd and Bass Highway – Middle Road

Interchange as a minimum)

Traffic operation figures for 2022 without development should have been provided for

comparison.


ITEM 8.2

In addition, the analysis for the Don/Lovett/Sorell signalised junction should used the correct

layout and phases (see the following plan T3‐3‐59‐Site).

To be fully informed, Council should require that all of the statistic information such as crash

history (figures provided in the Traffic Study only up to 2011), turning movement count (2007 figures

used in the Traffic Study) and traffic count for a thorough SIDRA analysis should reference the most

recent figures. I understand that Council has conducted some traffic counting and turning movement

counting along William Street in the past three (3) years.

There are also some major road network improvement works that have been completed in

the past three (3) years as part of Devonport’s Road Network Strategy (RNS) action plan

implementation (projects such as the Best/Gunn new Signals, Gunn/Steele new RAB, Gunn/Stewart

new RAB, and the William/Charles junction upgrade etc) which may impact on the study result and

therefore should be included in a Traffic Impact Study for such a major development..

It is also suggested that a considerable portion of secondary catchment customers will choice

a most direct and faster (with higher speed limit) route. The assumption on the predicted traffic


ITEM 8.2

route from Central Coast and Burnie to the subject site may need to be considered with a ratio on

say 50% from the

route via Don Road, Steele Street and then into William Street, and the remaining 50%

travelling through the Bass Highway/Middle Road interchange and then into William Street.

If, according to the Traffic Study, 41% of traffic will access the subject site through the

William/Steele RAB, 21% of traffic will access the subject site through the Bass Hwy Middle Road

interchange, and then 45% of traffic will access the site through the William/Middle RAB then the

William/Valley Road signalised junction, then the traffic assignment and traffic impact assessment

generated by the development for those key major intersections on William Street and Middle Road

is necessary. The assessment should included traffic operation efficiency and road safety for all road

users including pedestrians and cyclists (i.e. an Intersection operation assessment will be required

for the William/Steele, William/Charles, William/Valley, William/Middle Street intersections, and the

Middle Street/Bass Highway Interchange).

State Planning Directive

Under the Tasmanian Planning Commission’s Planning Directive No. 1 (PD1), each Council across the State is required to prepare a draft interim planning scheme in accordance with the stipulated template. It is understood that Council has been working collaboratively with other Councils in the Cradle Coast region to finalise regional and local planning scheme provisions and was expected to be finalised and signed off by the Minister in December 2012. However it is now uncertain as to when the interim planning scheme for Devonport will be declared. Indications are that it will be at least after June 2013. Given that the interim planning scheme for Council is relatively imminent, consideration of the rezoning proposal should take place within the context of “best fit” within the PD1 template. For some time (at least 12 months over 2011‐2012), the Tasmanian Planning Commission (TPC) has consistently encouraged Councils to discourage further amendments to their existing planning schemes. The TPC’s preference was initially for Councils to consider and accommodate any further amendments that can be strategically justified through inclusion in appropriate zonings provided under the PD1 template for new planning schemes. This was a very logical, practical and efficient way for the planning system to facilitate new developments. However, given the delay in getting clear guidance from the Tasmanian Planning Commission about the detailed content of the interim planning schemes, and the resultant frustration that has caused for a range of investors, developers and Councils across Tasmania, the Commission late in 2012 changed its view and encouraged Councils to continue accommodating applications for amendments to its existing schemes as a separate and prior step before including those amendments in their new planning schemes.


ITEM 8.2

Under the PD1 planning scheme template, Council might consider the future zoning of the subject land to be either:

1. Commercial Zone, where the stated zone purpose is to provide for large floor area retailing and service industries. Under PD1, the subject rezoning proposal would be included in the Bulky Goods Sales use class. Under that use class, the description is “use of land for the sale of heavy or bulky goods which require a large area for handling, storage and display. Examples include garden and landscape suppliers, rural suppliers, timber yards, trade suppliers, showrooms for furniture, electrical goods and floor coverings, and motor vehicle, boat or caravan sales”.

This may be consistent with the rezoning proposal, but would result in yet another “activity centre” on top of the existing centres. This would be contrary to the 2008 Retail Study recommendations, the 2009 Devonport CBD Structure Plan Review, as well as the Devonport Strategic Plan, and Cradle Coast Regional Strategy.

2. Urban Mixed Use Zone, where the stated zone purpose is to provide for integration of residential, retail, community services and commercial activities in urban locations. From an analysis of the spread of other urban mixed uses throughout Devonport, the use of Urban Mixed Use Zone for the subject site could be considered, but again would need significant additional justification.

3. Particular Purpose Zone, where Council would stipulate a set purpose, description and

requirements that do not “fit” within those stipulated within the PD1 format. To designate the subject land covered by the rezoning proposal under this zone would allow a relatively easy adoption of what is proposed in terms of a “special” zone. However, it is poor planning practice to generate new zones and provisions for possible future use/s, when there is a lack of comprehensive strategic justification.

4. General Residential Zone, where the stated zone purpose is to provide for residential use or

development that accommodates a range of dwelling types at suburban densities, where full infrastructure services are available or can be provided; and to provide for compatible non‐residential uses that primarily serve the local community. This would be consistent with the neighbouring residential uses and therefore an appropriate zone to designate the subject site under the new planning scheme. However, in discussion with the applicant and consultant advisers, this and the following option was not favored due to valuation issues.

5. Inner Residential Zone, where the stated purpose is to provide for a variety of residential

uses and dwelling types close to services and facilities in inner urban and historically established areas, which uses and types respect the existing variation and pattern in lot sizes, set back, and height; and to provide for compatible non‐residential uses that primarily serve the local community. Given the proximity of the subject site relative to the Devonport CBD, this is one option that Council could consider to encourage inner‐urban medium to higher density residential development. However, it is understood that as a matter of principle, Councils in the


ITEM 8.2

Cradle Coast region have determined not to use the Inner Residential Zone within their

new format schemes.

Conclusions

1. The application for amending the existing Devonport Planning Scheme 1984 to allow a

rezoning of land in William and Tasman Streets to a proposed “Tasman Street Commercial Zone” for further bulky goods commercial development should be considered as “out of centre” versus an extension to the edge of an existing activity centre. There is no synergy with neighbouring lots in that area, and encourages further expansion of the strip development that has grown along the southern part of William Street beyond the Steele Street intersection.

2. It is Impractical to consider that consumers/shoppers will be able to “one‐stop shop” at this proposed new location. For the proposed development to face William Street may be desirable, but the impact of traffic on Tasman Street and its adjacent residents cannot be ignored.

3. The development of a major national brand bulky goods store and parking wrapping around the remaining parcel of land in William Street is poor planning and not considerate of the amenity of those who reside in that property, and in the neighbouring residential properties. This is particularly the case as usually Bunnings stores operate extended hours seven days per week.

4. If the proposal to rezone the land was to be seriously entertained by Council , then the Traffic Study provided by Pitt and Sherry and the application as a whole needs to be thoroughly reviewed by Council’s Infrastructure Engineering staff to assess the traffic impacts of this proposal in terms of Devonport’s current Traffic Modelling for the CBD and inner city. The proposed passing lane arrangement as outlined in the Traffic Study is considered a minimalist response to the significant traffic and local residential amenity impact that would occur if such a proposal was allowed to proceed to be developed.

5. Given that the 2008 Devonport Retail Study recommend that some additional 22,920 square metres of retail floorspace be supported (of which some 16,160 square metres should be for non‐food retail uses), and already the approved development at the Homemaker Centre and the recent approval of the Woolworths Marketplace development at Don Road significantly exceeds that figure, there does not appear to be a strong strategic justification for allowing a further additional 13,500 square metres of commercial floorspace in a development which is clearly outside the established hierarchy of activity centres. The projected and actual (as reported in Census 2011) population growth and projected growth in retail spending from the broader Devonport region does not support the additional floorspace over and above what is already approved through Council’s planning process. The proposed Bunnings and the smaller additional bulky goods sales outlet should be located within the existing established activity centres,

6. Whilst encouraging new economic development is critical, particularly for Tasmania as an island State, planning for and provision of appropriately zoned land for commercial purposes


ITEM 8.2

must be done in a strategic, integrated and co‐ordinated manner. The proposed rezoning that is the subject of this report is not consistent with this approach.

Peter Button

February 12, 2013

Copy of Application by Lester Franks Survey & Geographic ATTACHMENT [2]

ITEM 8.2


ITEM 9.1

9.0 NOTICES OF MOTION

9.1 FINANCIAL SUPPORT FOR DEVONPORT YOUTH - COMBINED PROPOSITION TO SERVICE CLUBS - NOTICE OF MOTION - ALD G F GOODWIN

File: 21057 D289043

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.

MOTION “That Council put a combined proposition to all the Service Clubs in Devonport in relation to financial support for the Devonport Youth.

GENERAL MANAGER’S COMMENTS This item does not require qualified advice as per Section 65 of the Local Government Act 1993.


ITEM 9.2

9.2 STONY RISE ROAD - IMPROVEMENT OF SAFETY - BLACK SPOT FUNDING - NOTICE OF MOTION - ALD B L COLE

File: 22559 D289119

In accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2005, a notice of motion has been received from Alderman B L Cole.

MOTION “That Council Officers prepare a report on the traffic environment and solutions to improve the safety of Stony Rise Road, specifically between the intersection located at the Power Station and Devonfield, south to the Cemetery. To be included in the report is identification whether the solutions could be included in Black Spot funding otherwise for consideration during the 2013/14 budget deliberations.”



ITEM 9.3

9.3 GREEN WASTE AND BULKY WASTE COLLECTION - NOTICE OF MOTION - ALD J T KEAY

File: 24443 D289194

In accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2005, a notice of motion has been received from Alderman J T Keay.

MOTION “That Council receive a report into the provision of: a) green waste collection service for the municipality and; b) separate bulky waste collection.”

SUPPORT The viability of providing these services would be dependent on the appropriate take-up and economies of scale and therefore a report would need to include consultation with the wider community to ascertain demand for both services, consultation with Dulverton and possibly with neighbouring councils if additional critical mass is required to support these services. Risk management, models of service delivery, frequency, capacity to provide services internally or externally and costs and impact on operation of transfer station need to be addressed amongst other matters. Of course there would be a cost to the community, perhaps passed through the service costs (garbage) on rates notices. We have an ageing community and encouraged to live independently who, with others, may not have the ability to remove and dispose of green waste, either by not have the means to transport the waste or the ability to pay the gate fee at Spreyton or to pay for someone to remove. We are discouraged to put green waste into our garbage bins, but many do due to these reasons. Many municipalities across Australia offer a bulky waste service (annually or bi-annually). This could reduce illegal dumping and offer an extension to our waste collection services.

GENERAL MANAGER’S COMMENTS Dulverton Waste Management is currently undertaking an investigation into green waste collection options for our region on behalf of the Cradle Coast Waste Management Group. The investigation has included a trial collection service in selected locations during 2011 and 2012. Dulverton are currently preparing a final report on the outcomes. Initial feedback indicates the trial has been well received by residents, however the challenge is determining a suitable, sustainable and cost effective use for the collected product. It is anticipated that the report will be finalised by May 2013.


ITEM 9.4

9.4 QUARTERLY PUBLIC CONSULTATION MEETINGS - NOTICE OF MOTION - ALD L M LAYCOCK

File: 11129 D289346

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 Laycock.

MOTION “That this Council conduct quarterly public consultation meetings”.



ITEM 10.1

10.0 MAYORAL REPORT

10.1 MAYOR'S MONTHLY REPORT File: 22947 D288991

RELEVANT PORTFOLIO Mayoral Report


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 December, 2012.

BACKGROUND This report is provided by the Mayor to provide a list of meetings and functions attended by him for the month of January, 2013.

COMMENTARY In his capacity as Mayor, Alderman Steve Martin attended the following meetings and functions during the month of January, 2013.

Women’s Open Triple & singles TAS Championships o Devonport & Viewmont Bowls Clubs

Cradle Coast Mayors – TAS Fire Appeal 7AD Radio interview Resident issues/meetings Devonport Cup Gateway Inn – management announcement Melbourne Victory Chairman’s Function & game - Aurora Stadium Resident meeting Devonport Greyhound Racing Cup Scripture Union Holiday Program – East Devonport Rec Centre MerseyLinc Devonport Food & Wine Festival launch Ben Milbourne & Andy Allen Devonport City Focus Committee Cradle Coast Tasting Trail App launch Strategic Sport & Recreation Committee Australia Day meetings and briefing Sorell Mayor Kerry Vincent - Sorell Premier Giddings Australia Day Celebrations – Hobart Australia Day Citizenship Ceremony & events Devonport Harness Racing Club Family Night Council Development & Health Services meeting Bluff Precinct Committee The Zone - operational review Strategic Sport & Recreation Committee Devonport Rugby Club – Stirling Mortlock


ITEM 10.1

Devonport Golf Club – launch Tasmanian Senior Open Pro-Am

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

RECOMMENDATION That the report advising of the Mayor’s meetings and functions for the month of January 2013 be received and noted.


ITEM 11.1

11.0 GENERAL MANAGER'S REPORTS

11.1 ELECTED MEMBERS EXPENDITURE REPORT File: 22947 D289118

RELEVANT PORTFOLIO General Manager


Strategy 5.3.2 Provide appropriate support to elected members to enable them to discharge their functions

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 January:

Mayor Steve Martin $ 30.72 Mobile telephone expenses

Aldermen

$ 422.63 I-Pad monthly fee

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

RECOMMENDATION That the report advising of Mayoral and Aldermanic Expenditure for the month of January 2013 be received and the information noted.


ITEM 12.1

12.0 CUSTOMERS AND COMMUNITY REPORTS

12.1 MINUTES OF CONTROLLING AUTHORITIES, WORKING GROUPS AND SPECIAL COMMITTEE MEETINGS

File: 27670D289106

RELEVANT PORTFOLIO Customers and Community


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:

East Devonport Recreation Centre Special Advisory Committee East Devonport Recreation Centre Special Advisory Committee – AGM Devonport Regional Gallery Special Committee Strategic Sport and Recreation Special Committee (x2)

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 of the East Devonport Recreation Centre Special

Advisory Committee - 11 December 2012 [File: 25772]

2. Unconfirmed Minutes of the AGM of the East Devonport Recreation Centre Special Advisory Committee - 11 December 2012 [File: 25772]


ITEM 12.1

3. Unconfirmed Minutes of the Devonport Regional Gallery Special Committee - 23 January 2013 [File: 25877]

4. Unconfirmed Minutes of the Strategic Sport and Recreation Special Committee - 23 January 2013 [File: 27717]

5. Unconfirmed Minutes of the Strategic Sport and Recreation Special Committee - 30 January 2013 [File: 27717]

RECOMMENDATION That:

1. The Combined Minutes of Controlling Authorities, Working Groups and Special Committees be received and noted;

2. Bob Rodman be appointed Chairperson of the East Devonport Recreation Centre Special Committee for the calendar year;

3. Alderman Peter Hollister be appointed Deputy Chairperson of the East Devonport Recreation Centre Special Committee for the calendar year;

4. The current committee of the East Devonport Recreation Centre Special Committee remain unchanged for the calendar year.

Unconfirmed Minutes of the East Devonport Recreation Centre Special Advisory Committee - 11 December 2012 [File: 25772]

ATTACHMENT [1]

ITEM 12.1

MINUTES OF THE EAST DEVONPORT RECREATION & FUNCTION CENTRE SPECIAL ADVISORY COMMITTEE

HELD AT THE EAST DEVONPORT RECREATION CENTRE ON TUESDAY 11 DECEMBER 2012, COMMENCING AT 12.40PM

PRESENT Committee Members Bob Rodman Chairperson / East Devonport Badminton Club Ald Peter Hollister Deputy Chairperson Ald Kent Gene Steward Devonport Volleyball Association Mick Reid Lorrine Heron Eastern Shore Community House Judy Munday Council Officers Glenda Steward East Devonport Recreation Centre Officer (RO) Fabio Pizzirani Sport & Recreation Coordinator (SRC) Stuart Jones Marketing, Tourism & Recreation Manager (MTRM) Invited Guest Louise Lesley Choose Life Services (CLS) APOLOGIES Evonne Ewins Assistant General Manager, Customers & Community (AGMCC) Wendy Dougan 1.0 CONFIRMATION OF PREVIOUS MINUTES

The Committee recommends to Council that the minutes of the meeting held 9 October 2012 be received and noted.

Fabio Pizzirani / Alderman Peter Hollister CARRIED

2.0 BUSINESS ARISING FROM PREVIOUS MINUTES

The secretary informed the meeting of the new agenda item, that being the declaration of interest document. It was also resolved that the centre’s user-groups be included in the OH&S report.

3.0 REPORTS 3.1 East Devonport Badminton Club – Bob Rodman

The club has wound up its year and will commence back on the 17th February 2013 a few weeks late this year due to stadium floor needing more time to cure.

3.2 Volleyball - Gene Steward Indoor rosters finished this week with a family fun day along with the running of the Jodie Pinner Memorial tournament played on the beach courts.


ATTACHMENT [1]

ITEM 12.1

Next indoor rosters will be two weeks later starting due to the stadium floor not being ready, rosters will commence on the 18 and 19 February 2013. The beach competition will commence on January 10th after the association spending over $1,600.00 getting the courts ready, these costs are associated with fence repairs were people continue to break in as well as new sand and the treatment of sand and weeds.

Congratulate Glenda on being presented with a double life membership. Merry Christmas to all

3.3 Eastern Shore Community House

Next week we will hold our Christmas party at the centre with Bob kindly offering to be Santa and community house doing its own catering. As of yet we are not sure what classes will be returning next year. A special thanks to the centre’s staff and volunteers for their continued amazing support.

3.4 Recreation Officer

Since our last meeting extra happenings at the centre have included: Volleyball Tasmania 2 day State League Round Emergency Evacuation training for centre’s staff DCC Immunisations Food Safe training for all staff Taekwondo grading Community House Melbourne Cup function Synectic Accounting brainstorming & bowls DCC Immunisations RO at chemwatch training Special Happenings prior to next meeting: Community House Christmas party Annual Floor maintenance Scrub Down N/W Tasmanian Annual Lilium Show Scripture Union Holiday Happening DCC Immunisations Regular Activities: Badminton Roster & training finished for 2012 Volleyball rosters finished for 2012 Watercolour & TaiChi classes finished for 2012 GC Service finished for 2012 Zumba classes finished for 2012 Community House Melbourne Cup function

3.5 Safety Report

Incident reported in regards to snakes and long grass Incident reported in regards to long grass being a fire hazard.


ATTACHMENT [1]

ITEM 12.1

3.6 OH&S

Today will be the last safety committee meeting for 2012 with the long grass & snake incidents being included on the agenda.

3.7 Marketing, Tourism & Recreation Manager

Thanks to the centre’s user-groups for their continued support and thanks to the staff and volunteers as the presentation of the facility is immaculate. Thanks to the alderman whom continue to support the committee and the centre.

3.8 Sport & Recreation Coordinator

In regards to any capital projects think of outdoor coverings, table & chairs – we need to give a brief description of project I will talk to the recreation officer in regards to these matters.

All reports being accepted. Lorrine Heron / Mick Reid CARRIED

4.0 BUSINESS ON NOTICE

Nil. 5.0 GENERAL BUSINESS Recreation Officer

As always a special thanks to our volunteers and fellow staff members for their continued passion for the facility. A very busy time over the next few weeks then we will enjoy a couple of weeks of leisure before returning a yet a few weeks of busy, busy, and busy. No key holders in the centre from the 21 December till the 14 January and only by phoning first and definitely NO ENTRY into stadium area. Will talk to SRC in regards to locking gas tap in kitchen as people don’t always tell us they are using the gas. Wendy has asked me to pass on her thanks for the flowers sent and as stated in AGM wishes to advise that she would prefer to be just a committee member and that someone else take on the role of chairperson.

6.0 NEXT MEETING

The next meeting of the Special Advisory committee will be held at the centre on Tuesday 12 February 2013.

Meeting closed: 2.20pm

Unconfirmed Minutes of the AGM of the East Devonport Recreation Centre Special Advisory Committee - 11 December 2012 [File: 25772]

ATTACHMENT [2]

ITEM 12.1

MINUTES OF THE EAST DEVONPORT RECREATION & FUNCTION CENTRE SPECIAL ADVISORY COMMITTEE ANNUAL GENERAL MEETING

HELD AT THE EAST DEVONPORT RECREATION CENTRE ON TUESDAY, 11 DECEMBER 2012 COMMENCING AT 12.00PM

PRESENT Committee Members Ald Peter Hollister Deputy Chairperson Bob Rodman East Devonport Badminton Club Gene Steward Devonport Volleyball Association Mick Reid Judy Munday Ald Kent Lorrine Heron Community House Council Officers Glenda Steward East Devonport Recreation Centre Officer (RO) Stuart Jones Marketing, Tourism and Recreation Manager (MTRM) Fabio Pizzirani Sport & Recreation Coordinator (SRC) Invited Guest Louise Lesley Choose Life Services (CLS) APOLOGIES Evonne Ewins Assistant General Manager, Customers & Community (AGMCC) Wendy Dougan 1.0 CONFIRMATION OF PREVIOUS MINUTES

The Committee recommends to Council that the minutes of the annual general meeting held 14 December 2012 be received and noted. Lorrine Heron / Judy Munday CARRIED

2.0 BUSINESS ARISING FROM PREVIOUS MINUTES Nil.

3.0 ANNUAL REPORT

It was moved to accept the annual report. Gene Steward / Bob Rodman CARRIED

4.0 Business Arising from Annual Report Bob congratulated Wendy on her report. 5.0 ELECTION OF COMMITTEE PERSONS MTRM took the chair. 5.1 Chairperson

Unconfirmed Minutes of the AGM of the East Devonport Recreation Centre Special Advisory Committee - 11 December 2012 [File: 25772]

ATTACHMENT [2]

ITEM 12.1

MTRM called for nominations for chairperson of the centre’s Special Advisory committee.

With Wendy declining another year, it was moved Mick Reid / Lorrine Heron

that Bob Rodman be the new chairperson for the committee pending no issues from council. CARRIED

5.2 Deputy Chairperson Bob called for nominations for deputy chairperson. Alderman Kent / Mick Reid

nominated Alderman Hollister. CARRIED

5.3 Election of committee members was called and it is moved to accept previous committee members for the next twelve months. CARRIED

6.0 BUSINESS ON NOTICE No business on notice

7.0 NEXT MEETING

The next AGM will be held at the centre on Tuesday, 10 December 2013 at 12.30pm.

Meeting closed: 1.00pm

Unconfirmed Minutes of the Devonport Regional Gallery Special Committee - 23 January 2013 [File: 25877]

ATTACHMENT [3]

ITEM 12.1

MINUTES OF THE DEVONPORT REGIONAL GALLERY SPECIAL COMMITTEE HELD AT THE DEVONPORT REGIONAL GALLERY

ON WEDNESDAY 23 JANUARY 2013 COMMENCING AT 5.30PM PRESENT Committee Members Josephine Kelly Chair Adam Gowen Alister McCrae Ald Justine Keay Ald Alison Jarman Ald Alistair McCraie Ald Brian Cole Council Officers Kathryn Maxwell Sustainable Communities Manager Ellie Ray Gallery Director APOLOGIES Katrine Elliot Vivienne Breheney Absent Belinda Gunson Ald Holister 1. CONFIRMATION OF MINUTES

The Committee recommends to Council that the previous minutes of the meeting held on 27 November 2012 be received and noted. Brian Cole/Adam Gowans CARRIED

2. DECLARATION OF INTEREST Nil.

3. BUSINESS ARISING 3.1 Sponsorship

Deferred to the next meeting.

3.2 Tidal: City of Devonport Art Award Nixon Primary School tidal tree sculptures are currently hanging between the

trees next to the Gallery. Tidal workshops have been successful this year. Media coverage has been very good. The People’s Choice Award voting has

been high for local artists. Entries for Tidal have risen from 110 to 160 over the last two years.

The Committee expressed strong support for an annual Tidal award. Council

have agreed to annual funding. This may not be annual until 2014 so as to allow time for securing sponsorship.


ATTACHMENT [3]

ITEM 12.1

3.3 Art Gallery Trail

The concept of a Tasmania Art Gallery Trail, similar in concept to the wine trail was discussed which would encourage those attending MONA and other art events of the Devonport Regional Gallery.

An idea to increase awareness of the Gallery would be to have Visitor Centre

staff visit the Gallery. A key event would be the next exhibition opening on 4 February 2013.

Action: Sustainable Communities Manager to follow up.

5.0 CORRESPONDENCE

Nil. 6.0 GALLERY REPORT

The Tidal: City of Devonport Art Award had 200 people attend the opening, 105 school attendees and 80 at a Liberal Party Xmas function. The last day of Tidal has been moved to Monday 28 January to pick up the Australia Day Public Holiday. The RACT Insurance Tasmanian Portrait Prize exhibition had 100 people attend the opening, 424 school attendees, 39 attended the Friends Xmas party and 25 attended the Gallery from the Youth Delegates Sisters City. The upcoming exhibition will be Viv Breheney: Prints and Paintings 1992-2012. The opening will be held on Friday 1 February at 6pm. The opening speaker will be artist, Raymond Arnold. There will be a floor talk on Saturday 2 February at 11am with the artist. Past Public programs included the life drawing classes, the Ride to Work breakfast, a concert with the Younger Dryas, a series of portrait workshops and the Tidal programs. Dunja Rmadic will commence on 29 January as the Gallery’s part-time Curator of Collections. Dunja will head the relocation team and also curate an annual exhibition from the Collection. The exhibition program for 2013 is complete and a calendar will be printed shortly including public programs. Ald Jarmen/ A Gowans CARRIED

7.0. GENERAL BUSINESS

7.1 Tidal Nil.

7.2 Gallery Marketing Key ideas put forward were:

QantasLink Magazine. Gallery Director to investigate.


ATTACHMENT [3]

ITEM 12.1

Accommodation providers – invite to events. Gallery Director to investigate.

Community Newsletter (quarterly). Gallery Director and Sustainable Communities Manager to prepare article on the Gallery.

Membership to the Gallery (currently 190). Committee to consider ways to increase membership by the next meeting.

Action: Sustainable Communities Manager and Gallery Director to follow up.

8.0 OTHER BUSINESS

The Ten Days on Island exhibition initiated by DRG has been selected to tour nationally.

9.0 NEXT MEETING Wednesday, 13 March 2013 at 5.30pm. Meeting closed: 6.55pm

Unconfirmed Minutes of the Strategic Sport and Recreation Special Committee - 23 January 2013 [File: 27717]

ATTACHMENT [4]

ITEM 12.1

MINUTES OF THE STRATEGIC SPORT & RECREATION SPECIAL COMMITTEE 3.00pm to 5.00PM TOUR OF FACILITIES

FOLLOWED BY A MEETING HELD IN THE COUNCIL COMMITTEE ROOMS ON 23 JANUARY 2013 COMMENCING AT 5.00PM

PRESENT Committee Members Mayor Steve Martin Chair Ald Peter Hollister Ald Annette Rockliff Ald Warren Squibb Ald Bill Wilson Ian Davies Mark Fagan Ted Van Overmeeren Matthew Cock Council Officers Stuart Jones Marketing, Tourism and Recreation Manager (MTRM) Fabio Pizzirani Sport & Recreation Development Coordinator (SRDC) Sarah Masters Community Services Administration Officer

APOLOGIES Ald Justine Keay Ald Graham Kent David Mullett Tim Blair


The Committee recommends to Council that the previous minutes of the meeting held 21 November 2012 be received and noted.

Moved: T. Van Overmeeren/M. Fagan CARRIED 2.0 DECLARATION OF INTEREST

Nil.

3.0 BUSINESS ARISING FROM PREVIOUS MINUTES Mayor Steve Martin contacted Latrobe Council and Central Coast Council in regards to a joint calendar of events. The Cradle Marketing Group has a webpage which includes this joint calendar. Tina Cocker of Devonport City Council is currently in the process of redesigning the calendar. An IT program may need to be purchased in the near future to allow ease of updating. This will be purchased by the Cradle Marketing Group. This will also enable the areas included in this calendar to be expanded.

4.0 PRESENTATION ON SPORTING PRECINCTS

Council’s Marketing, Tourism and Recreation Manager (MTRM) gave a presentation on Sporting Precincts to the Committee. This was a similar


ATTACHMENT [4]

ITEM 12.1

presentation that was given to the Aldermen in March 2012. Points raised as a result of the presentation were as follows: Facilities needed for other sports not included on the conceptual plans.

Possibly a Stage 2 or Stage 3 of a development. More basketball courts are needed due to the high participation rates. Will there be pressure on roads at Spreyton is the footprint was to be

developed at Maidstone Park? This is yet to be investigated. Sporting clubs and organisations can be advised of the conceptual plans

and hold discussions. Investigate whether the conceptual footprint could fit at Devonport Oval.

Action: MTRM and SRDC to seek formal direction from Devonport Bowls Club

regarding relocation to Devonport Oval, MTRM to investigate if new facility footprint dimensions suit Devonport

Oval. There is a need to be project ready. There are both State and Federal

elections are coming up, there is an opportunity for funding. Questions as to whether participation numbers will increase or decrease if

facilities are located at East Devonport. [Ald Wilson and Ald Squibb left at 5.55pm] 5.0 PRIORITISATION OF CAPITAL

SRDC presented to the Committee the Buildings and Facilities List. SRDC and MTRM explained each item in detail to the Committee. All Committee Members are asked to prioritise all items from 1 to 10, with 1 being highest and 10 lowest, and return to SRDC by Tuesday, 29 January 2013.

6.0 NEXT MEETING Wednesday, 30 January 2013, at 5.30pm. This meeting will be facilitated by

Evonne Ewins, Assistant General Manager, Customers & Communities. This session will focus on the future facility planning for Recreation Sporting Precincts in the Municipality.

7.0 MEETING CLOSED

6.30pm.


ATTACHMENT [5]

ITEM 12.1

MINUTES OF THE STRATEGIC SPORT & RECREATION SPECIAL COMMITTEE HELD IN THE COUNCIL COMMITTEE ROOMS

ON WEDNESDAY, 30 JANUARY 2013 COMMENCING AT 5.30PM PRESENT Committee Members Mayor Steve Martin Chair Ald Peter Hollister Ald Annette Rockliff Ald Bill Wilson Ian Davies Mark Fagan Ted Van Overmeeren Matthew Cock Council Officers Evonnne Ewins Assistant General Manager, Customers and Community (AGM) Stuart Jones Marketing, Tourism and Recreation Manager (MTRM) Sarah Masters Community Services Administration Officer

APOLOGIES Ald Warren Squibb Fabio Pizzirani Sport & Recreation Development Coordinator (SRDC)


Confirmation of the Minutes of 23 January 2013 has been deferred until the next meeting.

2.0 DECLARATION OF INTEREST Nil.

3.0 RECAP OF PRESENTATION ON SPORTING PRECINCTS

Council’s Marketing, Tourism and Recreation Manager (MTRM) recapped the main points of the presentation on Sporting Precincts that was presented to the Committee at the last meeting. Committee members were asked to have their capital prioritisation lists completed and returned as soon as possible.

4.0 FUTURE FACILITY PLANNING

Council’s Assistant General Manager, Customers and Community facilitated a session focusing on the future facility planning for recreation sporting precincts in the municipality. The key decisions to be made are: What is the future infrastructure priority. What does that look like. What is the impact. What are the gaps.

Options were outlined and discussions took place. Action:


ATTACHMENT [5]

ITEM 12.1

A decision matrix document will be sent to all Committee Members for consideration this week.

5.0 NEXT MEETING

Tuesday, 12 February 2013, at 5.30pm in the Council Chambers.

6.0 MEETING CLOSED 6.45pm


ITEM 13.1

13.0 TECHNICAL AND FINANCE REPORTS

13.1 CAPITAL WORKS REPORT File: 26405D289237



Strategy 2.3.5 Develop and maintain a long term Capital Improvement Program

PURPOSE To inform Council of the progress of the Capital works program for the 2012/13 financial year.

BACKGROUND The attachment to this report is a summary view of the current status of Council’s Capital Works projects. The program 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 approved a $21,624,107 capital expenditure budget for 2012/13. A detailed program has been developed to plan when each project will occur. The program is reviewed quarterly to amend schedules which are known to have changed for external reasons. This report reflects changes made following a review of progress at the end of December 2012 and the next review of progress is scheduled at the end of March. The attachment indicates the anticipated construction time frames for each project. All aspects of planning, design, delivery and capitalisation of projects are progressing with a number of projects completed, some under construction or about to commence. There are a number of projects prepared for external delivery with tenders awarded and contractors engaged to commence work. The design and planning phase is either complete or substantially progressed for seventy three projects and many of these are now delivered or in a construction phase.

Recently completed works from the current year include the Spreyton Netball Courts, Forth Road Rehabilitation, Bellamy Road safety improvements, WTS access road, and several plant & equipment and furniture items. Projects which are well progressed include the William Street - Valley Road Intersection works, the Pedestrian Network Strategy (Oldaker Street) improvement work, Bass Strait Maritime Museum Display Boxes and Sheffield Road kerb and footpath works . The reseal programme, the Cycling Network Strategy (Miandetta Link), Open Space Management Plan (Horsehead Creek), SLST Report signage and the Tasman Street drainage have recently commenced. There are a number of projects expected to start and others to be completed soon. Projects scheduled to commence soon include, Nicholls Street pavement widening and K&C, Stephen Street pavement renewal, and Torquay Road drainage and pavement boxout.


ITEM 13.1

The Aquatic Centre structural steel framing on the northern building and pre-cast column installation on the poll hall is substantially complete. Tasks in progress include mechanical services installation. Steel trusses are expected to arrive on site this month and roofing in March. The plant, vehicle and IT renewal items are advancing and are generally on program.

FINANCIAL IMPLICATIONS It is anticipated that the 2012/13 Capital Works program will be completed within the allocated budget.

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.

Information Technology The Capital Program includes renewals for IT assets minimising the risk of redundancy and system failure.

Natural Hazards Natural Hazards are identified and engineering solutions to minimise the associated risks are included in project development. Frequently considered natural hazards include flooding from occasional excessive rainfall events.

Professional Indemnity/Public Liability Contracts for consulting and contracting include clauses to mitigate risks.

CONCLUSION The 2012/13 Capital works program is progressing generally in accordance with the amended program and project delivery is gaining momentum following the Christmas / New Year holiday period.

ATTACHMENTS 1. Capital Works Programme

RECOMMENDATION That the progress report on the 2012/13 Capital Works Program be noted.

Capital Works Programme ATTACHMENT [1]

ITEM 13.1


ITEM 13.2

13.2 DEVONPORT FORESHORE MARKET - FORMBY ROAD CLOSURE File: 27922D289331



Strategy 5.6.4 Ensure compliance with all relevant legislative requirements, standards, Council plans, policies and procedures

PURPOSE To outline matters related to an application from the Devonport Foreshore Market operator seeking Council agreement to the closure of Formby Road (Oldaker to Best Street).

BACKGROUND The background to the Devonport Foreshore Market and the market operator’s application seeking Council agreement to a road closure was workshopped with Council on Monday 4th February.

The Devonport Foreshore Market has previously received Council support and approval to operate on Roundhouse Park on Saturday’s. The market operation has been approved subject to a number of legislative/statutory (planning and public health) and corporate (events and technical) requirements. The conditions of use and operation outlined in the planning permit include the type and extent of market activities, the hours of operation, public risk, insurance and Council’s right to cancel the market operator’s exclusive use of the area should Council require the Roundhouse Park for any “extraordinary function or use”.

COMMENTARY The operator of the Devonport Foreshore Market (Mr Chris Preston) has made a further application to Council seeking consideration and agreement to closing Formby Road between Oldaker Street and Best Street. This application (refer to attachment) explains that the closure of Formby Road would allow the road pavement area to be used by the market as a contingency hard stand area for use if the weather conditions are poor and also to provide “better management of the site”. The reference to “better management of the site” presumably means providing access and parking of market vendor vehicles and better management of pedestrians attending the market.

In summary any road closure of Formby Road must be considered in terms of legislative requirements, community interests and its impact. The following matters have been considered.

Legislation

Road closures must be considered and undertaken in accordance with relevant legislation . The legislation applying includes the Local Government Act 1993 and the Local Government (Highways) Act 1982.

The Local Government Act 1993, Division 4 “Markets” section 189, “Closure of Local Highways” requirements are;


ITEM 13.2

(1) A council in respect of land or premises under its control or management may – (a) allow any person to operate a market subject to any terms and conditions it determines or operate a market itself; and (b) close a local highway or part of a local highway to general traffic for that purpose. (2) If a council intends to close a local highway or part of a local highway under subsection (1), the General Manager is to publish a notice of intention in a daily newspaper circulating in the municipal area. (3) The notice is to specify – (a) the details of the closure of the local highway or part of the local highway; and (b) any other matter which may affect the rights of the community. 190. Objections (1) A person may object to any matter specified in a notice of intention published under section 189 within 14 days after its publication. (2) An objection is to be by notice in writing to the relevant General Manager. (3) A council is to consider any objection before closing a local highway or part of a local highway

The aforementioned legislation requires road closures for markets to be advertised and considered within prescribed timeframes. The Act allows the opportunity for any person objecting to the road closure to make a written submission to the General Manager and for that objection to be considered by Council.

In the case of the Local Government (Highways) Act 1982, Division 3 section 20 - “Closure of parts of a local highway for sale of goods” of the Act applies. In summary the Act requires that at least 10 days written notice of the intention to close part of a road is submitted to the “Transport Commission” and the Commissioner of Police. The Act confirms that Council must consult with these parties. The Act also requires that at least 5 days written notice of the intention to do (“close a highway”) is placed in local newspaper circulating in the municipality. The legislation also requires Council, in giving permission to the applicant, to confirm and detail in written approval the times, purposes and conditions applying to the approval to close part of the local highway. The Act also requires advising any charges for giving permission to allow sale of goods or entertainment within that part of the highway. Another requirement of the legislation is that any “frontages” to that part of the highway being considered for closure must be given suitable means of access for themselves, visitors and other parties.

Traffic

A road closure will impact the public through traffic and pedestrian diversions and must be undertaken in accordance with legislation and codes of practice. It is likely the greatest impact of any traffic diversion will occur at the intersection node points on Formby Road, Best, Rooke and Oldaker Streets.

The Best Street car park operation must also be considered in any planned street closure. A full road closure will be extremely difficult to manage given the only exit from the car park is currently onto Formby Road.

Emergency Services have not been consulted at this stage; however there is an obvious need to consider how the closure can be managed to accommodate emergency services departing the Victoria Parade station.


ITEM 13.2

Business

There are two businesses with direct access onto Formby Road (Carline and Action Glass). A partial or full closure of Formby Road (Oldaker to Best) may impact on these businesses. It is important that early consultation is held and agreement is achieved with these businesses regarding the road closure proposal and providing some means of access.

It is uncertain how a road closure will be viewed by other business operators in the CBD area. The Foreshore market obviously presents an opportunity and a stimulus in the area but may also be viewed as a competitor. Any road closure is therefore likely to be either supported or contentious depending on a business operators stand point.

Community/Events

A regular road closure may impact on community social and sporting events (Taste the Harvest, triathlon, etc). The original planning permit for the Devonport Foreshore Market made provision for suspending market activities on days where other events were scheduled or approved by Council to use Roundhouse Park. It is appropriate that any decision by Council to support a regular road closure of Formby Road should be subject to a similar condition. This might include suspending approval to close Formby Road for any scheduled or advised events or emergencies.

Devonport Foreshore Market

The Devonport Foreshore Market planning approval operates subject to planning and public health requirements and conditions being met. The Roundhouse Park location is the operator’s preferred location because of its proximity to the CBD, the attractive foreshore reserve/river aspect and the potential to attract passing trade and tourists. Early indicators are that the market is well supported by the public.

It is understood that prior to adopting the Roundhouse P ark site as the preferred market venue, alternative locations were investigated/considered. It is understood that the site profile, planning requirements and infrastructure and service support considerations were evaluated and favoured Roundhouse Park as possibly the best/only site for the Market.

Road closure assessment

The road closure application has been made by the market operator through the “Event Application Pack”. Council officers from various departments have considered the request and also assessed the likely implications. There is some uncertainty regarding the likely full impact of any road closure, both from a safety perspective and the acceptance by the wider community.

The Traffic Management Code requires a risk assessment is completed for any intended traffic diversion arrangement. It is therefore recommended that the market operator engage the services of an appropriately qualified person / organisation to assess / plan / undertake any traffic management arrangement whether it is a partial or a full closure of Formby Road. A traffic management assessment by a qualified person would ensure all risks have been evaluated and appropriate traffic management measures such as barriers and signage are carefully considered.

Given the possibility of various road closure options it is considered that Council’s preferred option for approval would be a “partial closure” of Formby Road. One advantage of a “partial closure” approach it that it would maintain effective operation of the Best Street car park, allowing vehicles to turn left only (exit) from the Best car park and travel in a northerly direction to the Oldaker/Rooke Street roundabout. The southbound access


ITEM 13.2

(entry) to Formby Road could be blocked at the Oldaker/Rooke Street roundabout. Subject to further traffic management assessment, Formby Road, north of Best Street and extending to the Best Street car park could be closed to all traffic.

Although it is understood the businesses currently are not open on Saturdays a “partial” closure is likely to reduce the impact the two businesses with access onto Formby Road. At the same time a partial closure would still allow a relatively large portion of the road pavement to be available for the foreshore market operation. It is further considered that a partial road closure be trialled for one or two months to assess its impact on the community.

Advertising of Road Closures

There is an obvious requirement to follow the legislative process to advertise road closures through print media but also a community benefit in undertaking a wider communication and media strategy to inform the public of planned traffic changes. Informational notice boards and radio advertising are effective methods which reach a wider cross section of the community. It is considered prudent that any resolution by Council to support a road closure for the benefit of the foreshore market should include a requirement that the operator effectively advise the public of the planned road closure through appropriate communication methods including noticeboards and radio information.

Clarification of matters discussed at the Council Workshop.

Following the Council Workshop on the 4 February, Council officers have discussed and clarified several matters with the market operator. The operator has confirmed that a partial closure of Formby Road may be of interest to him. Also the market operator is anticipating that he would be responsible for traffic management associated with a road closure.

Should the legislative process and Council approval allow a road closure arrangement, the market operator should engage an appropriately qualified traffic management specialist to assess, plan and manage traffic management set-up / demobilisation, without direct Council staff involvement.

FINANCIAL IMPLICATIONS The option of charging the Devonport Foreshore Market operator for giving permission to close the street is flagged in the Local Government (Highways) Act. This is an option for Council to consider. There is likely to be administrative and direct costs associated with advertising the intention to implement a planned road closure and assessing any objections. It would not be unreasonable that these costs be borne by the market operator.

There are no direct financial implications associated with undertaking the actual road closure provided the closure is undertaken by the Market operator each Saturday.

RISK IMPLICATIONS Occupational Health and Safety

It is noted that the application for Saturday closure of Formby Road for the running of the Foreshore market identifies Public Safety as one driver. It is likely that this reference is related to pedestrian movements on wet/sodden grass and potential slips and falls within the market site area on Roundhouse Park

Political/Governance There may be some political risk related to the request for Council to consider the closure of Formby Road. The parties interested in Council’s decision include the


ITEM 13.2

Devonport market operator, market clients/supporters or affected individuals, businesses and organisations.

Assets, Property and Infrastructure There are risk matters which are inherent to road closures. These risks generally include pedestrian and vehicular safety and protection of property from damage. Road closures must be well planned and documented, undertaken in accordance with appropriate standards and codes of practice and performed and managed by appropriately qualified and experienced persons.

Contractual/Legal Road closures must be considered and undertaken in accordance with the Local Government Act 1993 and the Local Government (Highways) Act 1982. Other legal risks are substantially related to public safety and the impact on businesses and other public events.

Financial Whilst the applicant implies that the road closure would be performed and managed by the market operator, there is some risk due to uncertainty of the detail submitted in the application. The uncertainty may result in Council incurring indirect costs if the applicant has not properly informed himself of road closure process and infrastructure requirements, consequently requiring Council intervention/ management.

Communication/Reputation Any road closure must be carefully planned and undertaken in accordance with the relevant legislation. Communication and notification road closures must be undertaken in accordance with legislative requirements and Council policy. There is an uncertain risk involving community and business perception of any road closure which impacts on them adversely.

Professional Indemnity/Public Liability Approved road closures and events must be performed in accordance appropriate standards and codes of practice and those persons or organisations undertaking and responsible for the road closure/events must maintain and provide evidence of appropriate insurance cover.

CONCLUSION The application for closing Formby Road (Oldaker to Best Street) has been assessed and there are a number of operational and safety matters which have been considered. It is a requirement that both Council and the Devonport Foreshore Market operator undertakes and manage any road closure in accordance with legislation and codes of practice.

With the legislative requirements in mind, Council must initially advertise in the media and receive/consider public objections and also seek consultation and approval with the relevant state traffic department and Tasmania Police to any proposal to close Formby Road for a market use.

Given the uncertainty as to how the community might be impacted, it is considered prudent that Council also consider agreeing to a “partial” road closure only and limiting the approval to a trial of two months. This trial will allow time to review the impact before considering agreement to a longer approval period. It is further considered that approval by Council to support the application to close Formby Road on Saturday’s between 6.00am and 3.30pm should be subject to a condition that Council can withdraw or suspend the approval at any time for operational reasons or to support other events.


ITEM 13.2

ATTACHMENTS 1. Event Application, Formby Road Closure

RECOMMENDATION That

That Council advise the Devonport Foreshore Market operator that:

subject to legislative process, consultation, external approvals and traffic management assessment by an appropriately qualified person, it will agree to a “partial” road closure of Formby Road (Oldaker to Best Street) on Saturdays between 6.00am and 3.30pm for a trial two month period.

any approval is subject to a condition that Council can withdraw or suspend the approval at any time for operational reasons or to support other events.

The market operator is responsible for traffic management and the administrative and direct costs associated with advertising through print and radio media and public notice boards.

Event Application, Formby Road Closure ATTACHMENT [1]

ITEM 13.2


ITEM 13.3

13.3 FINANCE REPORT FOR JANUARY 2013

File: 26544 D288903



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 and operational outcomes against budget for the current financial year.

BACKGROUND Monthly financial reports are provided to Council for information.

COMMENTARY The attached report provides an overview of Council’s financial position and year to date operating result as of 31 January 2013.

Included in the report are the following:

Financial Summary – This 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 – This 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 charts 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 – This report provides a snapshot of Council’s financial position at the end of the reporting period.

Capital Expenditure Report – This report provides a list of 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.

RISK IMPLICATIONS Financial Risks


ITEM 13.3

In relation to item 42 of Council’s Risk Register for Financial Risks: “Inaccurate information provided to decision makers could lead to misguided or inappropriate decisions being made.”

CONCLUSION The following report provides an overview of Council’s operating result and financial position at the end of the reporting period.

ATTACHMENTS 1. 26544 ca 18 February 2013 Finance Report Attachment

2. 26544 ca 18 February 2013 Finance Report Attachment 2 Capital

RECOMMENDATION That the Finance Report for January 2013 be noted.

26544 ca 18 February 2013 Finance Report Attachment ATTACHMENT [1]

ITEM 13.3

FINANCIAL SUMMARY YTD to January 2013

Operating Summary Annual CurrentBudget Actual Budget Forecast

Revenue 29,815,695 30,082,725 33,913,596 33,824,670 Expenditure 20,652,427 19,932,089 34,773,596 34,942,521

Operating Position 9,163,268 10,150,636 (860,000) (1,117,851)

Capital Expenditure Summary Annual CurrentBudget Actual Forecast

Capital Expenditure 21,624,107 4,663,307 20,634,968

Cash Information

January 2013June2012

Operat ing Account (Reconciled balance) 733,274 (208,778) Interest-Earning Deposits 16,555,032 11,607,593

17,288,306 11,398,815

Debtor Information

8,376,408 33.9%Rates Debtors 8,599,714 486,205 114,300 Infringement Debtors 149,579 79,163 28,277 Sundry Debtors 382,188 674,901 10,103 Planning & Health Debtors 3,611 3,602 70,626

9,135,092 1,243,871 8,599,714

Cash Investment InformationRate

ANZ Cash Deposits 4.00% at call 13,817,253 CBA Cash Deposits 3.25% at call 2,737,779

All cash investments are invested in compliance with Council's Investment Policy. 16,555,032

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 January 2013, the forecast for income is expected to be lower than budgeted whilst expenditure is expected to be higher, result ing in a forecast operat ing deficit of $1.118M. This is a deterioration of $258K from the original budget result due to a number of factors including loss of rate income from high value propert ies as a result of the Council decision to offer a remission to 448 high value propert ies in the City at their September meeting, reduct ion in FAG funding compared to budget, lower admission and sales revenue from the Marit ime Museum and Julie Burgess due to delays in opening these ventures and lower than anticipated parking and development income for the year, plus higher than ant icipated debt collection costs. These losses of income and increases in expenditure have been offset somewhat by unbudgeted receipt of reimbursement from the State Government for the 2011 flood damage, addit ional interest earnings predicted due to higher than ant icipated interest rates and investment balances and savings in Rates and Land Tax costs for the year.

% of Annual Rates

The interest-earning deposits balance includes $5M of grant funds received in advance for the aquatic centre redevelopment. Now we are past the half-way point for the year, these advance funding amounts are beginning to be consumed as the aquatic centre redevelopment ramps up.

2012/2013 - Current2011/2012 - 1 Year2010/2011 - 2 Years2009/2010 - 3 Years

2008/2009 - Older

January 2013Rates Debtors

AgeingJanuary

2013June 2012

January 2013


ITEM 13.3

SUMMARISED OPERATING REPORT YTD to January 2013

Full BudgetBudget Actual $ % 2012

INCOME NoteRates and Service Charges 24,694,288 24,737,723 43,435 0.2% 24,768,288 Fees and User Charges 3,358,685 3,093,692 (264,993) -7.9% 5,829,232 1Grants - Operating 711,000 755,013 44,013 6.2% 1,262,000 Contributions - Operating 35,000 37,587 2,587 7.4% 60,000 Investment Revenue 684,632 937,864 253,232 37.0% 1,464,518 2Other Revenue 332,089 520,846 188,757 56.8% 529,558 3

TOTAL INCOME 29,815,695 30,082,725 267,030 0.9% 33,913,596

EXPENSESEmployee Benefits 6,894,814 7,214,048 (319,234) -4.6% 11,824,808 4Materials and Services 6,778,916 5,584,097 1,194,820 17.6% 11,281,712 5Depreciation 5,027,050 5,108,219 (81,169) -1.6% 8,617,800 Financial Costs 341,417 329,847 11,570 3.4% 651,000 Levies & Taxes 1,716,975 1,609,545 107,430 6.3% 2,755,464 Other Expenses 510,690 655,930 (145,240) -28.4% 701,276 6Internal Charges and Recoveries (617,435) (569,597) (47,838) 7.7% (1,058,464)

TOTAL EXPENSES 20,652,427 19,932,089 720,338 3.5% 34,773,596

NET OPERATING SURPLUS / (DEFICIT) 9,163,268 10,150,636 987,368 10.8% (860,000)

Own Source Revenue: 97.5% 97.4% 96.1%

Indicator:

Variance is less than 10% and dollar variance threshold from budget and is within acceptable limits Variance is greater than 10% and/or $175000 threshold from budget and requires explanation

Note Commentary1

2

3

4

5

6

YTD YTD Variance

Fees and user charges are down on budget due to a number of factors, including internal waste management charges at the transfer station (offset by reduction in waste disposal costs) being down, a reduction in income from the Julie Burgess and Maritime Museum due to delays in getting these ventures operational, private works charges are down on budget, development application fees are down on budget, parking fees are down on budget, etc. Offsetting some of these losses of income is an increase in animal infringements revenue, derived from a focussed effort on house-checks during the year.

Investment revenue is currently ahead of budget, as a result of both higher than predicted interest rates being achieved, and higher than anticipated investment balances for the first half of the year. A forecast adjustment has been made to reflect this. Additionally, dividend income is slightly ahead of budget for the year-to date, but this is believed to be due to a misalignment of timing between actual and budget amounts.

Other revenue is ahead of budget as a result of $110K received from the State Government to reimburse costs associated with 2011 flood damage, which was not budgeted for. Adjustment made in forecast to reflect this. Additionally, MPES recoveries are above budget YTD, but this amount is offset by an increase in bad debt write-offs representing infringement debtors forwarded to MPES and treated as "Other Expenses".

Employee benefits are currently over budget, partly due to timing of budget allocations in each period, and partly due to more timesheet hours being charged to operations than anticipated (and fewer hours to capital). This variance has improved since December and will continue to be monitored closely as the year progresses. A similar trend in employee costs occurred in the prior year. Contributing to the expense over-run in employee costs is staff time charged to major maintenance jobs, which was budgeted to be performed by contractors. This is offset by under-expenditure in this area.

The materials and services variance can be attributed to the timing of actual v budget. Traditionally materials expenditure is lower in the first half of the year and catches up towards the end. Variance is in Council's favour, and will be monitored closely as the year progresses. Significant variances relate to Major Maintenance, Waste Disposal costs and General Materials for maintenance activities.Other expenses are well above budget. The main difference relates to rates remissions provided to high value residential properties as a result of the decision at the September Council meeting, plus unbudgeted bad debts expense relating to amounts forwarded to MPES for the year (offset by additional income recovered from MPES and treated as "other income").


ITEM 13.3

FINANCIAL CHARTS Year to Date to end of January 2013

(1,000,000)

‐

1,000,000

2,000,000

3,000,000

4,000,000

5,000,000

6,000,000

7,000,000

8,000,000

Employee Benefits

Materials & Services

Depreciation Finance Costs Levies & Taxes Other Expenses

Internal Charges

2013 YTD 7,214,048 5,584,097 5,108,219 329,847 1,609,545 655,930 (569,597)

Bud YTD 6,894,814 6,778,916 5,027,050 341,417 1,716,975 510,690 (617,435)

2012 YTD 6,955,957 5,422,012 4,679,530 334,451 1,645,870 487,291 (488,343)

$ Expenditure

Expenditure Analysis

‐

5,000,000

10,000,000

15,000,000

20,000,000

25,000,000

Rates & Utility Charges

Fees & Charges Grants Contributions Dividends and Other

Investment

Income

Other Income

2013 YTD 24,737,723 3,093,692 755,013 37,587 937,864 520,846

Bud YTD 24,694,288 3,358,685 711,000 35,000 684,632 332,089

2012 YTD 23,836,142 3,001,122 1,039,750 55,260 859,728 356,101

$ Income

Income Analysis

Start Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

2013 Budget ‐ 891 1,860 3,155 4,276 5,696 7,213 10,173 12,607 14,456 16,533 18,669 22,003

2013 Actual ‐ 134 645 1,406 1,946 3,207 4,126 4,663

PY Budget ‐ 1,310 2,620 3,930 5,240 6,550 7,860 9,170 10,480 11,790 13,100 14,410 15,720

PY Actual ‐ 217 668 1,263 1,758 2,629 3,680 5,978 7,623 8,452 9,473 10,315 13,175

$0

$5,000

$10,000

$15,000

$20,000

$25,000

Accumulated Expenditure ‐$'000

Capital Expenditure ‐ $'000


ITEM 13.3

BALANCE SHEET REPORT As at January 2013

31 Jan 2013 30 Jun 2012Current AssetsCash at Bank and On Hand 733,274 (208,778) Trust Deposits 308,212 320,779 Cash Investments 16,555,032 11,607,593 Receivables - Rates and Utility Charges 8,599,714 486,205 Receivables - Infringements 149,579 79,163 Receivables - Sundry 382,188 674,901 Receivables - Planning & Health 3,611 3,602 Loans Receivable - Current 256,798 260,028 Accrued Revenue - 196,396 Prepayments - 105,094 Net GST Receivable 220,165 174,900

27,208,573 13,699,882 Non Current AssetsLoans Receivable - Non-Current 49,560 - Dulverton Regional Waste Management Authority 2,371,040 2,371,040 Cradle Mountain Water 76,837,252 76,837,252 Property, Plant & Equipment 529,062,715 526,944,951 Accumulated Depreciation - PP&E (209,306,043) (206,466,569) Capital Work in Progress 13,137,695 12,428,279

412,152,219 412,114,952

Total Assets 439,360,792 425,814,834

Current LiabilitiesTrade Creditors 793,354 377,622 Accruals 375,944 2,260,724 Trust Liability 308,166 376,097 Loans - Current 948,370 948,370 Annual Leave 1,121,179 1,158,595 Long Service Leave - Current 992,259 921,453

4,539,272 6,042,860 Non Current LiabilitiesLoans - Non-Current 9,718,527 7,584,904 Long Service Leave - Non-Current 525,187 525,187

10,243,714 8,110,091

Total Liabilities 14,782,987 14,152,951

Net Assets 424,577,805 411,661,884

EquityAsset Revaluation Reserve 231,726,880 231,726,880 Asset Revaluation Reserve - Associates 1,170,599 1,170,599 Other Reserves 440,348 440,348 Accumulated Surplus 178,324,057 174,022,985 Operating Surplus / (Deficit) 10,150,636 747,831 Capital Surplus / (Deficit) 2,765,285 3,553,242

Total Equity 424,577,805 411,661,884

Current Ratio: 5.99 2.27

The Current ratio indicates Council's ability to pay its debts as and when they become due.A ratio of one or higher is required for the entity to remain solvent.

26544 ca 18 February 2013 Finance Report Attachment 2 Capital ATTACHMENT [2]

ITEM 13.3

Capital Expenditure Report

As at January 2013 Prior Budget Prior Actual 2013 Budget 2013 Actual 2013 Forecast$ $ $ $ $ Commentary

Open Space & RecreationCP0009 Open Space Management Plans 11,197 11,197 68,803 2,887 68,803 CP0016 Conc strip sth vic parade ramp - - - CP0019 Mersey Vale Master Plan works - - - CP0020 Kempling St Land - - 200,000 350 - Revised forecast - Project unlikley to proceed

CP0021 Aquatic Centre - Indoor Facility Stage 2 886,606 886,606 10,163,394 1,671,182 9,163,000 Revised forecast based on programme and cash flow adjustment

CB0019 Signage Strategy Implementation - Year 2 13,660 13,660 56,340 41 56,340 CP0022 Chich/Morris Play space 351 351 19,649 18,911 19,649 CP0029 Mersey River Foreshore works 18,247 18,247 111,090 93,990 111,090 CP0037 Cycling Network Strategy Action Plan Year 2 - Miandetta Link at

Formby Rd 75,000 8,823 75,000 CP0038 Devonport Oval - Scoreboard replacement 140,000 144,615 171,400 Council approved budget variance higher quality / cost product / tender

CP0039 Mersey Bluff Car Park Extension 120,000 2,751 120,000 CP0040 Lovett St Soccer ground No 1 irrigation 49,000 47,304 49,000 CP0041 Mersey Vale Master Plan works 12/13 200,000 53,548 200,000 CP0042 Clayton Drive CNBC Repatriation Project 82,000 65,949 82,000 CP0043 Madden Street Park Surface Restoration 42,000 4,859 42,000 CP0045 Reg Hope Park Fence & Seating (Julie Burgess) 11,000 1,744 11,000 CP0046 EDRC - Entry doors 14,400 28 14,400 CP0047 Meercroft Park toilets/chang room 10,000 70 10,000 CP0048 Barbecue replacement 18,000 18,508 18,000 CP0049 Walking Track Remediation - renewal program 60,000 43,868 60,000 CP0050 Victoria Parade Replace Sprinkler Heads Program 14,700 15,700 14,700 CP0051 Vietnam veterans Wall Reconstruction 26,000 1,823 26,000 CP0052 Park Furniture Replacement Program 10,000 - 10,000 CP0053 Aiken Head Point Walkway Replace Lighting 9,000 160 9,000 CP0054 Litter Bin Program 12/13 31,500 779 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 84,332 81,800 CP0058 Devonport Oval - Visitors change room showers 8,500 661 8,500 CP0059 Maidstone Park - Upgrade timber seating replacement western side

11,000 10,345 11,000 CP0060 Spreyton Netball Courts - resurface, S/W 204,800 139,191 275,000 Additional scope & contribution to budget amount by Devon Netball Assoc.

CP0061 Devonport Rec Centre - Security 120,000 229 120,000 CP0062 SLST Report Signage 5,000 2,926 5,000 CP0063 Maidstone Park - Power supply upgrade 10,840 - 10,840

Proceeds on disposal of assets (41,773) Total Open Space & Recreation 930,061 930,061 12,234,716 2,394,283 11,135,922


ITEM 13.3


As at January 2013 Prior Budget Prior Actual 2013 Budget 2013 Actual 2013 Forecast$ $ $ $ $

BuildingsCB0009 Art Perm Coll & Conservation - 15,949 - CB0015 DRG OS Storage Fac St2 - (15,079) - CB0016 Maritime Museum Enhancement Project 1,671,550 1,371,550 523,096 524,164 820,000 Forecast up - carry fwd budget amendment did not reflect expenditures

CB0024 Julie Burgess project 1,840,606 1,840,606 35,345 34,247 35,345 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 8,967 10,000 CB0030 Art Storage Facility (Racking) 148,000 762 148,000 CB0031 Maritime Museum - Display Boxes 50,000 - 50,000 CB0032 Melrose Hall - Exterior wall clad 22,000 183 22,000 CB0033 Spreyton Hall - Exterior wall clad 15,200 170 15,200 CB0034 Mersey Bluff caravan park 150,000 1,166 150,000 CB0035 DECC - Laneway 5,100 3,879 5,100 CB0036 Tiagarra - toilet access ramps 10,000 5,119 10,000 CB0037 Automatic gate and security upgrade for Operations Centre 64,300 123 64,300 CB0038 Wenvoe Street Carpark - Building demolition 95,000 44,901 95,000 CB0039 WTS Access Road gravel preparation, 2 coat seal & Drainage 22,000 25,610 22,000 CB0040 WTS Cover over oil store 11,600 2,148 11,600 Total Buildings 3,556,898 3,256,897 1,436,899 652,308 1,733,803

StormwaterCS0006 Tugrah Road K&D - - - CS0007 Manhole Lid Replacement 12/13 25,000 90 25,000 CS0008 Torquay Road - Table Drain & Pavement upgrade 130,000 7,878 130,000 CS0009 Tasman St Easement Drainage 100,000 7,076 100,000 CS0010 Pit Replacement 12/13 50,000 907 50,000 CS0011 Minor Stormwater Works 12/13 30,000 12,726 30,000 CS0012 SW Outfall Risk Improvement & Renewal 12/13 20,000 123 20,000 CS0013 Turton Street SW pipe installation 80,000 747 80,000 CS0014 Waverley Rd SW drainage 33,000 1,097 33,000 CS0015 William St SW Catchment Upgrade - Stage 2 137,000 2,784 137,000 Total Stormwater - - 605,000 33,428 605,000


ITEM 13.3



TransportCT0002 Bridge Rd Pavement Recon - 35 - CT0004 James & North Fenton K&C 21,976 21,976 248,024 241,431 248,024 CT0010 Tasman Place reconstruction - - - CT0015 Stewart St Redev Stage 2 - - - CT0031 Parking Machines - - - CT0032 Sheffiled Road K&C stage 7 & 8 50,405 50,405 466,342 307,159 475,000 Forecast up due to increased scope

CT0037 Road Network Minor Works 12/13 25,000 48 25,000 CT0038 Re-seal programme 12/13 600,000 98,777 600,000 CT0039 Street Light Provision 12/13 20,000 208 20,000 CT0040 Footpath Minor Renewal in Road Reserve 12/13 25,000 2,448 25,000 CT0041 Stewart Street - near school crossing pavement rehabilitation 10,000 2,010 15,500 Forecast up due to increased scope

CT0042 Saleyards Road Pavement Reconstruction 126,000 261 126,000 CT0043 Stephen Street Renewal - Wright to Tarleton 90,000 6,371 75,000 Forecast reduced

CT0044 Edward Street Renewal (including Stewart Junction) 215,000 5,445 215,000 CT0045 Rooke Street - Oldaker to Best pavement & kerb essential renewal -

Additonal SW Upgrade req'd 195,000 393 195,000 CT0046 William - Valley intersection reconstruction 285,000 18,544 285,000 CT0047 Harold - Hiller Intersection reconstruction 20,000 14,491 15,000 Revised forecast down based on project design and revised estimate

CT0048 David Street K&C replacement - # 45 to 47, # 63 to 65 45,000 4,178 45,000 CT0049 John Street Pavement Rehabilitation Wright St to Tarleton St 175,000 198,343 192,000 Revised forecast up due to increased scope of work (additional kerb replacement)

CT0050 Madden Place Reconstruction 110,000 6,390 110,000 CT0051 Nicholls St/Ronald to William 431,000 15,804 431,000 CT0052 William Street pavement reconstruction - James to Nicholls 250,000 6,423 250,000 CT0053 Pedestrian Network Strategy (2012) Action Plan Implementation 15,000 11,281 20,000 Forecast up due to increased scope

CT0054 Road Traffic Devices Minor Works 12/13 25,000 8,831 25,000 CT0055 12/13 Devonport Road Network Strategy (2009) Action Plan

Implementation 100,000 2,348 100,000 CT0056 Forthside Rd Guardrails - upgrade to current standard 15,000 722 20,000 Forecast up due to increased scope

CT0057 Bellamy Road Safety Improvements 63,000 5,825 23,000 Revised forecast is $23K - no blackspot funding

CT0058 Lillico Road reconstruction & widening (south of Railway Line) 80,000 22,934 80,000 CT0059 Kelcey Tier Road safety improvements Stage 1 111,000 4,057 111,000 CT0060 Forth Road Rehabilitation south of Waverley Road 50,000 63,941 50,000 CT0061 Best & Sorell intersection New Roundabout 220,000 9,750 220,000 CT0062 David-John RAB 220,000 2,596 220,000 CT0063 Nicholls & Gunn intersection New Roundabout 250,000 2,008 250,000 CT0064 Thomas & Wright intersection New Roundabout 280,000 3,423 280,000 CT0065 Stony Rise Rd-Tugrah Rd-Bass Hwy off ramp New Roundabout 454,000 12,202 454,000 CT0066 Fenton Street & Stewart Street Intersection Safety Improvements 100,000 215 215 Revised forecast is $0K - no external funding available

CT0067 Bluff Road Pedestrian Crossing Improvements 76,000 145 145 Revised forecast is $0K - no external funding available

CT0068 Forbes Street Footpath Hazard Elimination 7,000 7,231 7,000 CT0069 Watkinson Street footpath safety improvements Stage 1 10,000 251 10,000 CT0070 Mersey Road footpath 'missing link' - #107 to #111 16,000 20,443 19,800 Revised forecast up based on project design and revised estimate

CT0071 Nicholls Street 'missing link' - beside #85 Ronald St 11,000 11,122 11,000 CT0072 David Street new footpath - Murray St to #106 58,000 44,704 58,000 CT0073 Oldaker Street Footpath - Rooke to North Fenton 20,000 225 20,000 CT0074 Drew Street to Tarleton Street Footpath Renewal 25,000 2,611 25,000 CT0075 PAYL Parking

- 5,897 5,000 No budget for PAYL in current financial year but likely to be listed for 13/14. Expenses incurred following Council decision to commence investigation.

Total Transport 72,381 72,381 5,542,366 1,171,520 5,356,684


ITEM 13.3



Plant & FleetCF0004 Hire Plant Replacement Plan 12/13 626,000 255,925 626,000 CF0005 Minor Plant Replacement Plan 12/13 93,800 12,240 93,800 CF0006 Fleet Replacement Plan 12/13 152,000 165,397 152,000

Proceeds on disposal / trade-in of assets (198,197) Total Plant & Fleet - - 871,800 235,365 871,800

Other EquipmentCC0001 Information Technology 26,710 26,710 38,600 38,600 38,600 CC0002 Information Technology 12/13 264,251 115,079 262,684 Revised forecast down slightly based on known costs

CC0003 Maritime Museum Ship Simulator 600,000 - 600,000 CE0002 Furniture & Fittings 12/13 30,475 22,724 30,475 Total Other Equipment 26,710 26,710 933,326 176,403 931,759

TOTAL CAPITAL EXPENDITURE 4,586,050 4,286,049 21,624,107 4,663,307 20,634,968

agenda - council meeting - 18 february 2013

Documents

council meeting d289093

council minutes

notice of meeting notice

council chambers

ordinary meeting

persons general advice

qualified persons advice

prior council meetings