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Page 1: Agenda Confirmed Minutes Ordinary Council Meeting · Flinders Council Ordinary Meeting Confirmed Minutes 16th October 2014 PUBLIC QUESTION TIME Question 1: David Tresemer Given the

Agenda Confirmed Minutes Ordinary Council Meeting 16

th October 2014

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FLINDERS COUNCIL ORDINARY MEETING

CONFIRMED MINUTES DATE: Thursday 16th October 2014 VENUE: Flinders Arts and Entertainment Centre, Whitemark COMMENCING: 1.02 pm

PRESENT Mayor Carol Cox Deputy Mayor David Williams Cr Marc Cobham Cr Peter Rhodes Cr Mary-Anne Roberts Cr Gerald Willis Cr Ronald Wise APOLOGIES Nil STAFF IN ATTENDANCE Brian Barnewall - Works & Services Manager 1.17 – 2.07pm Robyn Cox - Strategic Planner 1.27 – 2.42pm Jana Harper - Community Development Coordinator 1.14 – 2.28pm Raoul Harper - General Manager 1.00 – 4.23pm Sophie Pitchford - Corporate Services Manger 1.00 – 3.05pm Jacci Viney - Development Services Coordinator 1.00 – 2.07pm Vicki Warden - Executive Officer 1.00 – 3.45pm James Ireland - Consultant Planner (via phone) 1.17 – 2.07pm CONFIRMATION OF MINUTES 900.10.2014 Moved: Cr P Rhodes Seconded: Cr M Cobham That the Minutes from the Ordinary Council Meeting and Closed Council Meeting held on the 18th September 2014 and the Special Council Meeting and Closed Council Meeting held on the 29th September be confirmed.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise.

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PUBLIC QUESTION TIME Question 1: David Tresemer Given the increasing scientific studies calling the use of glyphosate (Round Up) into question, which we use on our roadsides, to whom should I address my concerns about these practices? Mayor’s Response: Concerns can be addressed to the General Manager. LATE AGENDA ITEMS The following has been received as a late agenda item:

2013-14 Annual Financial Report The item was late as the inclusion of the end of year financials in an Ordinary Meeting Agenda appeared out of step with the Local Government Act 1993 - S72(c) and the Corporate Services Manager did not submit the financials into the agenda. In discussion with the General Manager late Friday afternoon it was decided that as long as Council does not receive or accept them as such they could be noted as part of the Ordinary Meeting Agenda. The Annual General Meeting is where the financials are received in conjunction with the Annual Report. Pursuant to S65(1) of the Local Government Act 1993, the General Manager confirms that he has had sufficient time to consider the item and to provide expert advice in relation to the item. Under S8(6) of the Local Government (Meeting Procedures) Regulations 2005, this item may be considered as Item C2 at this meeting by absolute majority vote. DECISION: 901.10.2014 Moved: Cr M Cobham Seconded: Deputy Mayor D Williams Under S8(6) of the Local Government (Meeting Procedures) Regulations 2005, the 2013-14 Annual Financial Report be considered as Item C2 at this meeting.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. The following two items have been received as late agenda items as the information became available after the preparation of the agenda:

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Closed Council Item – Notice of Motion Closed Council Item – Shipping

Pursuant to S65(1) of the Local Government Act 1993, the General Manager confirms that he has had sufficient time to consider the item and to provide expert advice in relation to the item. Under S8(6) of the Local Government (Meeting Procedures) Regulations 2005, this item may be considered at this meeting as Item E4 and E5 by absolute majority vote. DECISION: 902.10.2014 Moved: Cr M Cobham Seconded: Cr R Wise Under S8(6) of the Local Government (Meeting Procedures) Regulations 2005, the two Closed Council Items be considered as Items E4 and E5 at this meeting.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. DECLARATION OF PECUNIARY INTEREST Mayor Carol Cox declared a pecuniary interest in Item B1 - Notice of Motion from Cr Ronald Wise – ANZAC Centenary Celebration 2015. LEAVE OF ABSENCE Nil PETITIONS Nil

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WORKSHOPS & INFORMATION FORUMS File No: COU/0205

Council Workshop held on 2nd October 2014 Council held a Workshop on the following subjects:

Item 1 Fuel Supply Study Item 2 Whitemark Hall Forecourt Sketch Designs – Jana Harper Item 3 Flinders Land Use Strategy - Robyn Cox Item 4 Update on securing public access to Possum Boat Harbour

(sometimes known as White Beach) Item 5 Community Dissatisfaction with Telecommunications Item 6 Housing Island News’ Printer Item 7 Proposal to Rename Road Item 8 Federal Government Funding to provide services in Indigenous

Communities Councillors Present: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. Apologies: Nil Staff and Consultants Present: Jana Harper, Community Development Coordinator (Item 2 only), Raoul Harper, General Manager, Robyn Cox, Strategic Planner (Item 4 only), Tim Phillips, Consultant (via phone) (Item 1 only). As workshops and information sessions are for information and discussion purposes only, no decisions are made or foreshadowed at these proceedings. DECISION: 903.10.2014 Moved: Cr G Willis Seconded: Cr P Rhodes That the Councillor Workshop held on the 2nd October 2014 be noted.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. PUBLIC MEETINGS Nil

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COUNCILLORS’ QUESTIONS ON NOTICE A Question on Notice was received from Cr Peter Rhodes in relation to a staffing matter. In accordance with Section 15(2) (a) of the Local Government (Meeting Procedures) Regulations 2005, this question is CONFIDENTIAL and will be presented as Item E2 in Closed Council. COUNCILLORS’ QUESTIONS WITHOUT NOTICE Nil PUBLICATIONS/REPORTS TABLED FOR COUNCIL INFORMATION Nil

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REPORTS TO BE RECEIVED Audit & Finance Special Committee File No: FIN/1300 Annexure 1: Audit & Finance Special Committee Unconfirmed Minutes 8th

October 2014 OFFICER’S REPORT (Raoul Harper, General Manager): The unconfirmed minutes of the Audit & Finance Special Committee meeting held 8th October 2014 have been provided for consideration. The minutes outline what the committee has been working on to date and can now be noted by Council. OFFICER’S RECOMMENDATION That the unconfirmed minutes of the Audit & Finance Special Committee meeting held 8th October 2014 be noted. DECISION: 904.10.2014 Moved: Deputy Mayor D Williams Seconded: Cr M Cobham That the unconfirmed minutes of the Audit & Finance Special Committee meeting held 8th October 2014 be noted.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise.

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Municipal Emergency Management Committee File No: CSV/0400 Annexure 2: Municipal Emergency Management Committee Unconfirmed

Minutes 8th October 2014 OFFICER’S REPORT (Raoul Harper, General Manager): The unconfirmed minutes of the Municipal Emergency Management Committee meeting held 8th October 2014 have been provided for consideration. The minutes outline what the committee has been working on to date and can now be noted by Council. OFFICER’S RECOMMENDATION That the unconfirmed minutes of the Municipal Emergency Management Committee meeting held 8th October 2014 be noted. DECISION: 905.10.2014 Moved: Cr M Cobham Seconded: Cr G Willis That the unconfirmed minutes of the Municipal Emergency Management Committee meeting held 8th October 2014 be noted.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. COUNCILLORS’ REPORTS Nil

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MAYOR’S REPORT

ACTION Information PROPONENT Mayor C Cox FILE REFERENCE COU/0600 ASSOCIATED PAPERS Nil

REPORT: APPOINTMENTS:

11/09/2014 Meeting with community members re shipping 13/09/2014 Lions Market 17/09/2014 Shipping meeting with Minister Rene Hidding MP and

others including the Deputy Mayor 18/09/2014 Council Meeting 19/09/2014 Music for Anti-Cancer at Yirriluka 23/09/2014 Funeral – Launceston City Council Deputy Mayor 24/09/2014 Local Government Association of Tasmania General

Meeting – Ulverstone 26/09/2014 Flinders Island District High School – End of Term

Assembly 29/09/2014 Special Meeting of Council 30/09/2014 Meeting with community member (Jubb-Stoney) 30/09/2014 Flinders Island Tourism Association AGM 01/10/2014 Furneaux Community Health Special Committee of

Council 02/10/2014 Council Workshop

08/10/2014 Municipal Emergency Management Committee Meeting 08/10/2014 Audit & Finance Special Committee meeting 09/10/2014 Meeting with Furneaux Freight Representatives

Funeral The Launceston City Council, Deputy Mayor, Jeremy Ball passed tragically on the 15th September 2014. The Albert Hall, Launceston was packed with family, friends, peers and community members for the celebration of his life and achievements as a strong, passionate and active leader within the community. Local Government Association Tasmania General Meeting The September General Meeting was held in Ulverstone. Of the motions for decision as discussed by Flinders Council at its September Meeting, 2.1 was amended and passed (Local Government Performance Index), 2.2 was carried with the addition of a part D (Relating to disposal of State Owned land), 2.3 was

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lost (Ban on Super Trawler in Australian EEZ) and 2.4 was lost (Making Audit Committees non mandatory). Flinders Island District High School – End of Term Assembly Colin Pettit and Alan Green from the Department of Education discussed the Year 11/12 program of expansion of offering into rural high schools. Each school will offer Years 11 and 12 under a different model suitable to its circumstance and size. Schools are currently being asked to nominate for and are being selected to offer years 11 and 12 in 2016. There is a financial incentive to schools to undertake the program. Shipping Furneaux Freight continued its service to the islands in the normal way. There is a 60 day period during which arrangements are in place for an independent stevedore to oversee activity and identify issues at the Port. Options are being investigated by the parties involved to enable service to continue in the long term. Whitemark Forecourt at the Flinders Arts & Entertainment Centre The forecourt development will include a memorial of the 1st World War as a section of the ANZAC Centenary Grant awarded to the Council. The Grant is also supporting works being undertaken at the Emita Cenotaph. Wording for the memorial that will recognise all service men and women is being selected by the Councillor group. The memorial will be a focal end point for the annual ANZAC Day March. CORRESPONDENCE IN: DATE WHO SUBJECT 04/09/14 Peter Gutwein MP, Minister

for Planning & Local Government

Proposed introduction of Planning Reform Legislation

10/09/14 Alice Collins, National Asbestos Awareness Month Campaign Manager

November is National Asbestos Awareness Month

10/09/14 Mayor Steven Kons, Burnie City Council

Standing for position of Local Government Association of Tasmania (LGAT) President

11/09/14 Katrina Gallo, Southern Cross Young Achiever Awards

Southern Cross Young Achiever Awards - Launch

11/09/14 Mayor Daryl Quilliam, Circular Head Council

Seeking support for nomination as President of LGAT

12/09/14 Fiona Madigan LGAT LGAT General Meeting 24/9/14 12/09/14 Northern Tasmania

Development Elected Member Communication September 2014

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12/09/14 Steven Kons, Burnie City Council

Seeking support for nomination as President of LGAT

15/09/14 Tracey Clark, Administration Officer, Northern Tasmania Development

Invitation to the opening of the Hollybank MTB Park – 4/10/14

16/09/14 Work & Training 2014 Graduation and Awards Ceremony 17/10/14 (apology sent)

16/09/14 Mike Wickham, Tasmanian Ports Corporation

Reply to request for information on the progress of the Lady Barron Slipway

18/09/14 Flinders Island District High School

Invitation to attend End of Term Assembly

18/09/14 Denise Colvin, Administration Coordinator NRM North

NRM North’s Newsletter – Winter edition

19/09/14 Craig Heron, Tasmanian Ports Corporation

Progress on Lady Barron Slipway

22/09/14 Katrena Stephenson LGAT Research Project of the Australian Centre of Excellence in Local Government

25/09/14 COTA Tasmania Invitation to become an organisational member of COTA

25/09/14 Felicity-ann Lewis, Australian Local Government Association

National Local Roads and Transport Congress 12-14/11/14

25/09/14 Matthew Groom MP, Minister for Environment, Parks & Heritage

Support of the Garage Sale Trail, 25/10/14

26/09/14 Miles Hampton Chairman, TasWater

Notification of industrial action at TasWater

29/09/14 Rene Hidding, Minister for Infrastructure

Media Release - Furneaux Shipping Solution

29/09/14 Mrs Frances Underwood Thank you for message of condolence

29/09/14 Miles Hampton, Chairman, Tas Water

TasWater Annual Report

30/09/14 Ella Richmond October is Bushfire Awareness Month on ABC Local Radio

30/09/14 Tourism Northern Tasmania Minutes of AGM 23 September 2014

01/10/14 Jara Dean, Tasmanian Audit Office

Completion of the Audit of Financial Report for the Year Ended 30 June 2014

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02/10/14 Hon Warren Truss MP, Deputy Prime Minister

Funding allocation under the Roads to Recovery Programme

02/10/14 Hon Warren Truss MP, Deputy Prime Minister

Advising of the release of the guidelines and initial application process for the Australian Government’s new National Stronger Regions Fund

03/10/14 Jeremy Rockliff MP, Deputy Premier, Minister for Education and Training

Announcement of a review of the Education Act 1994.

06/10/14 Robyn Dilger, Secretary, Flinders Island Show Society

Invitation to attend the show’s Official Lunch (acceptance sent)

CORRESPONDENCE OUT: DATE WHO SUBJECT 16/09/14 Mike Wickham, Tasmanian

Ports Corporation Progress on Lady Barron Slipway

18/09/14 Electoral Commission LGAT Presidency Vote 19/09/14 Craig Heron, Tasmanian

Ports Corporation Progress on Lady Barron Slipway

22/09/14 Ken Stockton Notification of appointment to Aviation Committee

30/09/14 3 Community Members Thank you for nominating a person for the Citizen of the Year Award

VOTING REQUIREMENTS: Simple Majority RECOMMENDATION: That the Mayor’s report be received and accepted. DECISION: 906.10.2014 Moved: Cr M Cobham Seconded: Cr G Willis That the Mayor’s report be received and accepted.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise.

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A. DEVELOPMENT SERVICES AND PLANNING APPLICATIONS At 1.07pm Mayor Carol Cox declared that, pursuant to Section 25 of the Local Government (Meeting Procedures) Regulations 2005, the Council will now act as a Planning Authority under the Land Use Planning and Approvals Act 1993. Item A1: Development Application – (Hydro Tasmania)

ACTION Decision PROPONENT Hydro Tasmania OFFICER James Ireland (Consultant Town Planner) APPROVED BY Rolph Vos (Development Services Manager,

West Tamar Council) FILE REFERENCE DA2014/033 ASSOCIATED PAPERS Annexure 3: Collision risk for bird life

Annexure 4: Interference study Annexure 5: Noise Impact Assessment Annexure 6: Wind Turbine DA

Proposal: Major Public Utility (wind turbine) Location: Land off Lady Barron Road, Whitemark (CT: 123215/1,

245575/1 and 208390/1). Applicant: Hydro Tasmania Zoning: Rural Zone Special Areas: None Representation/s: One (from the owner of 250 Lady Barron Road) INTRODUCTION: This report considers an application for a major public utility (wind turbine, transmission lines and ancillary infrastructure) for land located at Lady Barron Road, Whitemark (CT: 123215/1, 245575/1 and 208390/1). The applicant has not finalised which turbine model will be used. It will be one of two – a Windflow 500kW or a Vestas V52 850kW. This assessment is based on the larger Vestas model as this will have the greater impact of the two. The applicant has specified the location of the turbine to within an area 50m to the north or south and 25m to the east or west of the point on the map below. This is due to micro-siting requirements (the exact location is determined once

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the turbine model is known). This assessment is based on a location closest to the nearest house (owned by the representor). A permit condition will require that final plans of the chosen model and its final location are submitted to Council’s satisfaction prior the development commencing. Subject Site The subject site comprises three titles to the south east of the Whitemark township: Lot 1 on Plan 123215 - This lot, owned by Hydro Tasmania, is the site of the turbine itself, the transformer box and the transmission line to Lady Barron Road. It is an irregular 39.91ha lot on the east side of Lady Barron Road in Whitemark, 1.3km north of the intersection with Trousers Point Road. It falls from 140m at its highest point in the north east corner to 30m at Nalinga Creek on its southern boundary. The site is vacant of development and is pasture. Lot 1 on Plan 245575 – Part of 264 Thule Road. An irregular 654.3ha lot to the north of the turbine site. Only to be used for access. Lot 1 on Plan 208390 – Part of 264 Thule Road. An irregular 395ha lot to the east of Lot 1 on Plan 123215. Only to be used for access. Zoning The subject property is located within the Rural Zone, pursuant to the Flinders Planning Scheme 2000. Special Areas None.

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Subject Site and Surrounding Area

Location of

turbine (pin)

Lots used

for access Representor’s

House

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Site Photographs

Above: Site of the turbine with the existing turbine to the right. This photo is taken from on the view line between the turbine site and the representor’s house. The photo below looks back on the same line to the house:

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Above: Site of the turbine, subject to micro-siting requirements. Below: Looking towards the representor’s house from close to the turbine site.

Representor’s

House

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Statutory Timeframes Date Received: 3/9/14 Advertised: 9/9/14 Closing date for representations: 24/9/14 Request for further information: 25/9/14 Information received: 29/9/14 Extension of time granted: Yes Extension of time expires: 17/10/14 Decision due: 17/10/14 (extended) OFFICER’S REPORT: General The application proposes a single wind turbine, to be located in the north east corner of Lot 1 on Plan 123215. The final model to be used has not yet been finalised. However, its maximum size will involve a tower height of 55m, blade diameter of 52m and overall height of 81m. It will have three blades. In comparison, the existing 300kW turbine to the south has a tower height of 30m, blade diameter of 30m and overall height of 45m. It is also a three blade design. The second option, the Windflow 500kW would be a similar size to the existing 300kW turbine, but with two blades. The application also includes a 2m by 2m by 2m transformer box close to the turbine and a typical 11kV line on 10m high poles down the hill to the Lady Barron Road power line easement. This will be very similar to the line that runs down from the existing 300kW turbine. Assessment: A major public utility is a discretionary use in the zone. 5.8 Rural Zone 5.8.1 Zone Intent

(a) The Rural Zone on Flinders Island is intended to maintain the existing rural character of the island which is typified by a pattern of areas of open farmland, typically with shelter belts of remnant vegetation, interspersed with irregular areas of native vegetation and substantial unspoiled landform. On other islands within the Planning Area the zone is intended to preserve the existing character which displays minimal signs of European occupation.

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(b) Use and development in the Rural Zone is intended to accommodate agricultural uses and development predominantly, with some compatible non-agricultural uses and development in appropriate circumstances, including tourist operation and rural industries. Forest plantations may be appropriate where they do not adversely affect the character of an area or detract from important views.

COMMENT: Wind turbines are not specifically referred to in the zone intent, but are considered to be a compatible non-agricultural use. The installation of a wind turbine does not compromise the ongoing agricultural use of the land, which is the primary intention of the zone.

5.8.2 Desired Zone Character and Zone Guidelines

(a) The use or development of small existing rural lots for the purpose of residential living shall only be approved where such use or development is compatible with any existing or potential agricultural use of that land or surrounding lands.

(b) Use or development should enhance the rural character of the zone. Buildings should be substantial distances from the road frontage and apart, unless inappropriate for operational or topographical reasons. Where land clearance is undertaken it should be visually sympathetic; important trees (or stands of trees) should be retained, important hilltop locations should not be cleared and location of trees and shrubs along fence lines, property boundaries, watercourses and at property entrances is encouraged. Buildings and structures for aquaculture should be sited with regard to the protection of coastal scenery and compatibility with recreational use of the coastline.

(c) Land use or development and management practices shall be environmentally appropriate and shall avoid contamination or despoliation of the land, ground water, water courses, shore-lines, lagoons and marshes. Sand-dunes and coastal vegetation and ecologically important areas shall be protected from degradation.

(d) Forestry activities in the zone shall be in accordance with the Forest Practices Code

Comment: Criterion (a) is NA. In relation to (b) the proposal is 400m from the nearest road, at least 240m from the nearest development (the 300kW turbine) and no land needs to be cleared, so it is met. In relation to (c) the proposal will not contaminate or despoil land or water and is not located near the coast. A wind turbine is environmentally appropriate in that it reduces reliance on fossil fuels. Criterion (d) is NA.

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5.8.4 Development Standards The development standards in the Rural Zone are:

a) The maximum height of buildings is 8.0 metres unless it can be satisfactorily demonstrated that a higher structure is required for operational, topographic or other justified purposes.

b) Habitable buildings should be sited and designed to achieve the best solar gain or orientation that the site can provide. Where such design or orientation is not feasible other energy efficient practices, such as insulation, heat pumps or double glazing, should be considered.

c) Buildings shall be setback a minimum distance of 20 metres from all

boundaries.

d) Regardless of the foregoing minimum setbacks, buildings shall be set back not less than a horizontal distance of 100m from high water mark and 40 m from a perennial watercourse.

e) Council may relax the setback requirement of the above clause

pursuant to the provisions of Clause 3.5 of this Scheme and after giving consideration to:

i. The particular size, shape, contours or slope of the land and the adjoining land;

ii. The adjoining land and uses and zones iii. The position of existing buildings and setbacks in the

immediate area; iv. Consideration of any representations received as a result of

the notification under Section 57 of the Act.

f) The external walls, roof, paving and other large surface areas of buildings shall be finished with non-reflective materials and colours that harmonise with the natural landscape or shall be substantially screened by landscaping.

g) A house on any lot which contains only class 4, 5, 6 or 7 land is discretionary and may only be approved if any existing or potential development and use of agricultural land in the vicinity is likely to receive no impact, or only minor impact from the establishment of the residence taking into account:

a. The topography of the land; b. The location of water catchments;

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c. The location of neighbouring agricultural pursuits; d. Buffers created by natural features; e. Resource sustainability given the objective of the State

Protection of Agricultural Land Policy. COMMENT: In relation to a), the proposal is higher than the maximum height of 8m. However, it has been satisfactorily demonstrated that this is required for operational purposes. The height over 8m of any commercial wind turbine will always be considerable. The applicant has considered the site and the power requirements of Flinders Island in selecting the most efficient turbine model. As Flinders Island is a discrete power market, there should be no reason to build a larger turbine than there would be the power demand for. As a comparison, Vestas’ largest land based turbine model has a blade diameter more than double that of the proposed turbine. Criterion b) is NA as it is not a habitable building. Even considering the micro-siting requirements, the turbine will be setback more than 20m from all boundaries (minimum 36m), meeting c). It is more than 100m from high water mark and 40m from a perennial watercourse, meeting d). Criterion e) is NA. The finish of the turbine will be non-reflective matt paint, meeting f). Criterion g) is NA. Part 6 – Use and Development Principles An assessment is made below against the relevant principles (those that are not applicable have been omitted for brevity): 6.0 Use and development shall be consistent with the following principles: 6.1 Use

(a). Use or development shall not unreasonably impact on any existing or intended use of development of neighbouring land.

COMMENT: Complies. The agricultural use of the neighbouring land will not be affected by a wind turbine. It is functioning as such in the presence of the existing turbines. The closest house (albeit also in the Rural Zone) is 815m from the turbine and there are another three houses within 1.5km, all upwind from the turbine in the prevailing winds. The wind turbine will not unreasonably impact on their use. 6.2 Character

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(a) Use and development shall adequately respect the character of, and future intentions for the area in which it is to be located.

(c) Use or development (including public facilities and services)

should adequately respect the surrounding streetscape and neighbouring use or development, particularly in relation to scale, setbacks, form (including roof shape), landscaping, materials, colours and fencing.

COMMENT: Complies. In relation to (a) the existing character of the land is rural. As a particularly advantageous site for wind power generation (there are three existing wind turbines in the area) it is considered that this is the future intention for the area, provided that the rural character is not compromised. In relation to (b), the use of the neighbouring land is unaffected by the wind turbine. Lady Barron Road is 400m from the proposal. Although the turbine can be seen from this road and others, it is not considered to be a part of any streetscape per se. The scale is undoubtedly large but the distance from viewing points minimises this. 6.3 Amenity COMMENT: NA. Relates only to future occupiers of a proposed development, which in this case will be no one. 6.4 Environment

(a) Use or development shall not be allowed to detrimentally affect the environment. All areas, and sensitive ecological and/or visual areas in particular, shall be developed in a manner and to an extent which is consistent with the protection of the values of the area.

(b) Use or Development and land management practices shall be directed towards achieving environmental sustainability, biodiversity and ecological balance, and avoiding environmental damage such as soil erosion, coastal dune erosion, loss of important animal and plant species and increases in vermin populations.

(c) Use or Development shall not be located in areas of unacceptable risk (eg. from fire, flood or landslip). In situations where risk may exist, use and development shall be appropriately sited and designed to provide an acceptable level of protection and safety for future users. In particular.

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i. Lands subject to flood risk are those subject to a greater than

one in a 100 year flood interval (1% probability), and land, the natural surface level of which is below 3 metres Australian Height Datum (AHD); and

ii. Land which comprises soils of known or suspected instability,

has a slope greater than 1 in 4, or is filled or reclaimed land, are deemed to constitute an unstable land hazard; and

iii. Use and development in bushfire prone areas will comply with the provisions of Schedule 7 Development in Bushfire Prone Areas or some other provisions acceptable to Council and the Tasmania Fire Service.

(d) Potentially incompatible Uses or Developments shall be

adequately and appropriately located, sited and designed to avoid conflict. Level 2 activities or sources of pollution shall be sited in accordance with the following:

i. Use or Development for a use of land that is a Level 2 activity

under the provisions of the Environment Management and Pollution Control Act 1994 shall not be allowed within the lesser distance from a residential zone than that recommended by the Director of Environmental Management.

ii. Use or Development of land that is not a Level 2 activity, but which Council nonetheless considers will or has the potential for environmental harm, shall not be allowed within a lesser distance from a residential zone than that determined by Council after taking into account the advice from the Director of Environmental Management.

iii. A dwelling unit shall not be erected within a lesser distance of any established Level 2 activity or other use of land which Council considers a source of pollution, than that determined by Council taking into account the advice from the Director of Environmental Management.

COMMENT: Complies. In relation to (a) the subject site is not in an ecologically or visually sensitive area. It will have a visual impact, but on balance, the effect of the turbine on the environment will be positive, not negative. In relation to (b) the turbine will considerably reduce the island’s reliance on diesel power generation, a clear step towards sustainability. The site is not an area of unacceptable risk, (c). In relation to (d), this is not a level 2 activity and Council does not consider that action under ii) is necessary. Notwithstanding, the proposal is 3.2km from the nearest residential zone.

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6.5 Heritage COMMENT: NA. The site is not heritage listed and the application states that no Aboriginal sites have been identified. The Aboriginal community is presumably aware of the application as the Flinders Island Aboriginal Association owns part of the subject site (the lots required for access). 6.6 Access and Parking COMMENT: Complies where relevant. Access will be private only and only for the installation of the turbine and periodic inspection and maintenance (much of the turbine’s operation is monitored remotely). Access is via the lots to the north and east. 6.7 Services

(e) Use or Development shall be appropriately sited, designed and constructed to avoid conflict with service mains (including telephone, power, sewer, water and irrigation channels/pipelines). Buildings shall not be erected over any service main or within any easement providing for same whether utilised or not.

(f) Servicing systems shall use adequate and appropriate design

methods and materials to ensure an acceptable life span and allow for adequate maintenance requirements.

(g) Use or Development shall optimise efficiency in the use of energy

and resources. In particular, land should be subdivided on a generally sequential basis (ie. one area is substantially developed before the next is subdivided), common trenching should be used for different services where appropriate, and solar access maximised.

COMMENT: Complies. The site is not serviced, which means it meets (e) by default. In relation to (f), the turbine will be designed to ensure an acceptable life span and allow for adequate maintenance requirements. In relation to (g) the entire purpose of the proposal is to efficiently utilise a (renewable) resource. 6.8 Social Interest

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1. Use or Development should demonstrate how it suits the community interest.

COMMENT: Complies. The application demonstrates that it suits the community interest. The decreased reliance on the diesel generators is considered to be in the community interest, financially and environmentally. The turbine is a significant step to the island becoming energy independent. The jobs created during construction and in the ongoing maintenance will benefit a small community like Flinders Island. Furthermore, the proposal is to potentially be a ‘showpiece’ for Hydro Tasmania’s wind turbine expertise which it hopes to sell around the world. Potential customers would visit Flinders Island to view the showpiece turbine. 6.9 Administration

(b) Use or Development proposals should only be approved where the cost to the public of providing and maintaining services is not exceeded by the economic benefit of the use or development to the community.

(c) In considering any proposal, Council shall obtain the advice and

opinion of other relevant group(s), individual(s) or organisation(s) with direct interest in the proposal.

COMMENT: Complies. The applicant will bear the cost of providing and maintaining the wind turbine, meeting (b). In relation to (c), the proposal was notified pursuant to the Land Use Planning and Approvals Act 1993. Part 7 – Special Area Provisions NA. Clause 3.10 Consideration of Applications for Planning Permits Council shall take into consideration the following: 1. the objectives, the intent of the zone, use and development principles, any

development plan affecting the land and any relevant development standards or other relevant requirements of the Scheme;

Refer to the assessment elsewhere in this report.

2. any relevant proposals, reports or requirements of any public authorities;

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NA.

3. any representations received following public notification where required under the Act;

One representation was received, from the owner of 250 Lady Barron Road, Whitemark, which is approximately 815m to the north west of the subject site. Their concerns are addressed in the table below: Representation Issue Officer Comment The turbine exceeds the height requirement and the existing turbines should not set a height precedent.

The relevant clause in the planning scheme allows the height requirement to be exceeded if it is satisfactorily demonstrated that it is required for operational needs. In the case of a commercial wind turbine, the height requirement will always be exceeded and, pursuant to this clause, it will almost always be able to be satisfactorily demonstrated that it is required for operational needs.

Model of turbine not finalised. This is correct. This report assumes the largest turbine option is selected (the Vestas V52 850kW). A permit condition will require that final plans of the chosen model are submitted to Council’s satisfaction prior the development commencing.

Application does not meet Clause 6.1 Use and Development Principals (a) and (d) of the planning scheme: Use (a). Use or development shall not unreasonably impact on any existing or intended use of development of neighbouring land. (d) Rural Industrial operations shall be appropriately located and designed to avoid any detrimental effects on neighbouring land use or development, particularly in respect of atmospheric emissions, solid waste disposal and water pollution, soil erosion, noise or visual quality.

Clause (a) refers to uses on neighbouring land. The agricultural use of the neighbouring land will not be affected by a wind turbine. It is functioning as such in the presence of the existing turbines. The closest house (albeit also in the Rural Zone) is 815m from the turbine and there are another three houses within 1.5km, all upwind from the turbine in the prevailing winds. The wind turbine will not unreasonably impact on their use. In relation to (d), this is not a rural industrial operation (i.e, a light industrial use in the rural zone).

Noise pollution. In relation to noise, a condition on a permit will require a noise assessment to

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the satisfaction of Council on the chosen turbine model and its location, prior to the development commencing. Noise will always be generated by a functioning wind turbine – the noise assessment will conclude whether or not the level is acceptable. Although the proposed turbine is larger than the existing 300kW turbine, new models are quieter per kW generated. The majority of noise impacts are away from the prevailing winds – i.e, to the south east and east and away from the representor and other houses.

Disruption to telecommunications. Disruption to telecommunications is not a planning issue.

Visual impact. In relation to visual impact, this is plainly an 81m tall wind turbine. It is difficult or impossible to disguise it. Its form follows its function. It is however no larger than it needs to be.

I have future plans for my property. Not a planning consideration. Other people have complained about the noise of the existing turbines.

No other representations to this application were received.

Inaccurate distance from my property stated in the application (880m).

From the point in the micro-siting area closest to the boundary of 250 Lady Barron Road, the distance as the crow flies is 815m.

Does not meet the following planning scheme requirements: Character (c) Use or development (including public facilities and services) should adequately respect the surrounding streetscape and neighbouring use or development, particularly in relation to scale, setbacks, form (including roof shape), landscaping, materials, colours and fencing. Amenity (b) Use or development shall accord all existing and/or future occupiers with adequate and reasonable levels of amenity, especially in relation to privacy, sunlight, aspect, views and noise disturbance.

The surrounding use and development comprises three existing wind turbines, grazing land and some scattered houses. It is considered that a wind turbine is consistent with and respects the surrounding development. The clause relating to amenity refers only to the occupiers of developments. It is normally applied to new houses or units to ensure future occupiers enjoy an appropriate level of amenity. This is not applicable to this application as it will have no occupiers.

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“I think…they should be in an area together”

This will be the fourth turbine on this ridgeline and will be located between the northern most and southern most (the 300kW) turbines.

4. whether any part of the land is subject to:

(a) landslip, soil instability, or erosion;

(b) excessive slope;

(c) ponding or flooding;

(d) bush fire hazard;

(e) a Protected Catchment District under Water Management Act 1999;

(f) any Special Area Provisions in Part 7;

(g) pollution; and

(h) other hazards to safety or health.

NA. 5. whether the proposed use or development is satisfactory in terms of its

siting, size or appearance and levels of emissions in relation to: (a) existing site features;

(b) adjoining land;

(c) the streetscape and/or landscape;

(d) the natural environment;

(e) items of historic, architectural or scientific interest;

(f) buffer zones, attenuation areas,

(g) easements;

(h) a water supply for fire fighting purposes;

(i) any received pollution;

(j) the escape of pollutants into storm drains and watercourses: and

(k) isolation, separation from other lands. (a) to (d) and (k) are applicable. An assessment is made elsewhere in this report.

6. whether the proposed use or development will be supplied with an adequate level of infrastructure and services, and if there is any necessity

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to improve deficient access, roads or road junctions, water, sewerage, electricity or transport services and the like, without detriment to existing users;

NA.

7. whether the proposed use or development would adversely affect the existing and possible future use or development of adjacent land, and vice versa;

An assessment is made elsewhere in this report. 8. the provision of adequate landscaping, amenity facilities and illumination,

and the treatment of the site generally; No landscaping or illumination is required.

9. the sight distances available to and from proposed point(s) of access,

together with an estimate of the speed of passing traffic; NA. 10. the design and siting of the proposal to enable reduction in energy

consumption through alternative energy use or reduction in demand; and The proposal is a wind turbine and it is designed and sited to maximise its efficiency.

11. the safety and well-being of the general public.

Complies.

12. Any other matter which Council is of the opinion is relevant to the

particular application. None stated. Referrals The application did not require referrals. State Policies The proposal is consistent with all State policies.

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STATUTORY REQUIREMENT: The application was advertised for 14 days in accordance with the Act. POLICY/STRATEGIC IMPLICATIONS: The relevant strategic outcome and strategies of the Flinders Council Strategic Plan 2011 are outlined under 3. Land Use, Development and Building. The strategic focus area is identified as: “A productive system of land and building development that promotes investment and activity while protecting people and the environmental characteristics of the Flinders Municipal area.” BUDGET AND FINANCIAL IMPLICATIONS: Not applicable. OFFICER’S RECOMMENDATION: That the application for a wind turbine, transmission lines and ancillary infrastructure in the rural zone, by Hydro Tasmania for land located at Lady Barron Road, Whitemark (CT:123215/1 , 245575/1 and 208390/1) be APPROVED generally in accordance with the application documents and subject to the following conditions:

1. Prior to the development commencing, amended plans are to be submitted to the satisfaction of Council showing which wind turbine model has been selected and where on the site it is to be located. Once endorsed by Council, the plans will form part of this permit and must not be altered or modified except with the written consent of Council.

2. Prior to the development commencing, an updated version of the Flinders Island Noise Impact Assessment (Original Issue 13/6/2007) is to be submitted to the satisfaction of Council. The updated version is to be based on a single wind turbine of the model that has been selected and in its final location on the site.

Notes:

1. Please note that prior to any use/development commencing an approved Building Permit is required. All enquiries should be directed to Council on (03) 6359 5001.

2. Council will undertake periodic reviews of approved developments to

ensure compliance with Planning Permit conditions.

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3. This permit is granted pursuant to the Land Use Planning and Approvals Act 1993 and does not constitute any other approval required under any other Act or Regulation.

4. This permit is valid for two (2) years only from the date of approval and

will thereafter lapse if the development is not substantially commenced.

5. Where any other approvals under this Act or any other Act are required for the proposed use or development to which this permit relates, the permit does not take effect until those approvals have been granted.

6. This permit takes effect 14 days after the date of Council’s notice of

determination or at such time as any appeal to the Resource Management and Planning Appeal Tribunal is abandoned or determined. If an applicant is the only person with a right of appeal pursuant to section 61 of the Land Use Planning and Approvals Act 1993 and wishes to commence the use or development for which the permit has been granted within that 14 day period, the Council must be so notified in writing. A copy of Council’s Notice to Waive Right of Appeal is attached.

James Ireland, Consultant Planner, West Tamar Council joined the meeting via phone at 1.17pm. DECISION: Moved: Cr R Wise Seconded: Cr P Rhodes That the application for a wind turbine, transmission lines and ancillary infrastructure in the rural zone, by Hydro Tasmania for land located at Lady Barron Road, Whitemark (CT:123215/1 , 245575/1 and 208390/1) be APPROVED generally in accordance with the application documents and subject to the following conditions:

1. Prior to the development commencing, amended plans are to be submitted to the satisfaction of Council showing which wind turbine model has been selected and where on the site it is to be located. Once endorsed by Council, the plans will form part of this permit and must not be altered or modified except with the written consent of Council.

2. Prior to the development commencing, an updated version of the

Flinders Island Noise Impact Assessment (Original Issue 13/6/2007) is to be submitted to the satisfaction of Council. The updated version is to be based on a single wind turbine of the model that has been selected and in its final location on the site.

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3. Prior to the development commencing, an updated version of bird movements at the proposed site be provided, conducted over a 12 month period to include the movements of resident bird populations, migratory species and vagrant species present at the site at any time.

Notes:

1. Please note that prior to any use/development commencing an approved Building Permit is required. All enquiries should be directed to Council on (03) 6359 5001.

2. Council will undertake periodic reviews of approved developments to

ensure compliance with Planning Permit conditions.

3. This permit is granted pursuant to the Land Use Planning and Approvals Act 1993 and does not constitute any other approval required under any other Act or Regulation.

4. This permit is valid for two (2) years only from the date of approval and

will thereafter lapse if the development is not substantially commenced.

5. Where any other approvals under this Act or any other Act are required for the proposed use or development to which this permit relates, the permit does not take effect until those approvals have been granted.

6. This permit takes effect 14 days after the date of Council’s notice of

determination or at such time as any appeal to the Resource Management and Planning Appeal Tribunal is abandoned or determined. If an applicant is the only person with a right of appeal pursuant to section 61 of the Land Use Planning and Approvals Act 1993 and wishes to commence the use or development for which the permit has been granted within that 14 day period, the Council must be so notified in writing. A copy of Council’s Notice to Waive Right of Appeal is attached.

LOST (3-4)

For: Cr Marc Cobham, Cr Peter Rhodes, and Cr Ronald Wise. Against: Mayor Carol Cox, Deputy Mayor David Williams, Cr Mary-Anne Roberts and Cr Gerald Willis. AMENDMENT Moved: Cr M Roberts That condition 3

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3. Prior to the development commencing, an updated version of bird movements at the proposed site be provided, conducted over a 12 month period to include the movements of resident bird populations, migratory species and vagrant species present at the site at any time.

be removed. Amendment lapsed for want of a seconder. 907.10.2014 Moved: Cr G Willis Seconded: Cr M Roberts That Council discuss this item, under Section 22 (9) of the Local Government (Meeting Procedures) Regulations 2005.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Mary-Anne Roberts, Cr P Rhodes, Cr Gerald Willis and Cr R Wise Mayor Carol Cox passed the chair to Deputy Mayor David Williams at 1.38pm. AMENDMENT Moved: Mayor C Cox Seconded: Cr M Roberts That condition 3

3. Prior to the development commencing, an updated version of bird movements at the proposed site be provided, conducted over a 12 month period to include the movements of resident bird populations, migratory species and vagrant species present at the site at any time.

be removed and replaced with

3. That at least 12 months of bird monitoring be carried out to give a baseline of bird movement in the area.

LOST (3-4)

For: Mayor Carol Cox, Cr Mary-Anne Roberts and Cr Gerald Willis. Against: Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, and Cr Ronald Wise. Deputy Mayor David Williams passed the chair to Mayor Carol Cox at 1.44pm. The substantive motion was then put.

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SUBSTANTIVE MOTION Moved: Cr R Wise Seconded: Cr P Rhodes That the application for a wind turbine, transmission lines and ancillary infrastructure in the rural zone, by Hydro Tasmania for land located at Lady Barron Road, Whitemark (CT:123215/1 , 245575/1 and 208390/1) be APPROVED generally in accordance with the application documents and subject to the following conditions:

1. Prior to the development commencing, amended plans are to be submitted to the satisfaction of Council showing which wind turbine model has been selected and where on the site it is to be located. Once endorsed by Council, the plans will form part of this permit and must not be altered or modified except with the written consent of Council.

2. Prior to the development commencing, an updated version of the Flinders Island Noise Impact Assessment (Original Issue 13/6/2007) is to be submitted to the satisfaction of Council. The updated version is to be based on a single wind turbine of the model that has been selected and in its final location on the site.

3. Prior to the development commencing, an updated version of bird

movements at the proposed site be provided, conducted over a 12 month period to include the movements of resident bird populations, migratory species and vagrant species present at the site at any time.

Notes:

1. Please note that prior to any use/development commencing an approved Building Permit is required. All enquiries should be directed to Council on (03) 6359 5001.

2. Council will undertake periodic reviews of approved developments to

ensure compliance with Planning Permit conditions.

3. This permit is granted pursuant to the Land Use Planning and Approvals Act 1993 and does not constitute any other approval required under any other Act or Regulation.

4. This permit is valid for two (2) years only from the date of approval and

will thereafter lapse if the development is not substantially commenced.

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5. Where any other approvals under this Act or any other Act are required for the proposed use or development to which this permit relates, the permit does not take effect until those approvals have been granted.

6. This permit takes effect 14 days after the date of Council’s notice of

determination or at such time as any appeal to the Resource Management and Planning Appeal Tribunal is abandoned or determined. If an applicant is the only person with a right of appeal pursuant to section 61 of the Land Use Planning and Approvals Act 1993 and wishes to commence the use or development for which the permit has been granted within that 14 day period, the Council must be so notified in writing. A copy of Council’s Notice to Waive Right of Appeal is attached.

LOST (3-4)

For: Cr Marc Cobham, Cr Peter Rhodes, and Cr Ronald Wise. Against: Mayor Carol Cox, Deputy Mayor David Williams, Cr Mary-Anne Roberts and Cr Gerald Willis. 908.10.2014 Moved: Cr M Roberts Seconded: Cr M Cobham That the application for a wind turbine, transmission lines and ancillary infrastructure in the rural zone, by Hydro Tasmania for land located at Lady Barron Road, Whitemark (CT:123215/1 , 245575/1 and 208390/1) be APPROVED generally in accordance with the application documents and subject to the following conditions:

1. Prior to the development commencing, amended plans are to be submitted to the satisfaction of Council showing which wind turbine model has been selected and where on the site it is to be located. Once endorsed by Council, the plans will form part of this permit and must not be altered or modified except with the written consent of Council.

2. Prior to the development commencing, an updated version of the

Flinders Island Noise Impact Assessment (Original Issue 13/6/2007) is to be submitted to the satisfaction of Council. The updated version is to be based on a single wind turbine of the model that has been selected and in its final location on the site.

Notes:

1. Please note that prior to any use/development commencing an approved Building Permit is required. All enquiries should be directed to Council on (03) 6359 5001.

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2. Council will undertake periodic reviews of approved developments to ensure compliance with Planning Permit conditions.

3. This permit is granted pursuant to the Land Use Planning and Approvals

Act 1993 and does not constitute any other approval required under any other Act or Regulation.

4. This permit is valid for two (2) years only from the date of approval and

will thereafter lapse if the development is not substantially commenced.

5. Where any other approvals under this Act or any other Act are required for the proposed use or development to which this permit relates, the permit does not take effect until those approvals have been granted.

6. This permit takes effect 14 days after the date of Council’s notice of

determination or at such time as any appeal to the Resource Management and Planning Appeal Tribunal is abandoned or determined. If an applicant is the only person with a right of appeal pursuant to section 61 of the Land Use Planning and Approvals Act 1993 and wishes to commence the use or development for which the permit has been granted within that 14 day period, the Council must be so notified in writing. A copy of Council’s Notice to Waive Right of Appeal is attached.

CARRIED (5-2)

For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Mary-Anne Roberts and Cr Gerald Willis Against: Cr P Rhodes and Cr R Wise.

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Item A2: Development Application – (Cohen & Associates)

ACTION Decision PROPONENT Cohen & Associates OFFICER James Ireland (Consultant Town Planner) APPROVED BY Rolph Vos (Development Services Manager,

West Tamar Council) FILE REFERENCE DA2014/035 ASSOCIATED PAPERS Annexure 7: Plan

Annexure 8: Agricultural Report

Proposal: Four Lot Subdivision Location: 29 Boyes Road, Whitemark (CT: 31684/2) Applicant: Cohen & Associates Zoning: Rural Zone Special Areas: None Buffer Attenuation Area: Whitemark Airport Buffer Area Schedules: Schedule 7 Development in Bushfire Prone Areas Representation/s: None

INTRODUCTION: This report considers an application for a four lot subdivision of land located at 29 Boyes Road, Whitemark (CT: 31684/2). Subject Site The subject site is a 7.218ha lot on the south side of Boyes Road, 66m west of the junction with Bluff Road. It has frontage to Boyes Road of 316.08m, a depth of 253.99m and a rear boundary of 260.83m. The site is partly cleared and to pasture interspersed with scrub and some trees. It is occupied by a single dwelling and a number of outbuildings. To the west and south are similar agricultural lots with houses, 10.02ha and 19.91ha in area respectively (the lot to the south is part of a two lot 39.78ha farm). To the east are four house lots from 5937m2 to 8087m2 in area, zoned low density residential. Across Boyes Road to the north are four lots 4002m2 to

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4891m2 in area. These were created in 2010 after a rezoning of the land from rural to low density residential. They are currently vacant and mostly covered in scrub. Zoning The subject property is located within the Rural Zone, pursuant to the Flinders Planning Scheme 2000.

Subject Site

Low Density Residential Zone (orange)

Rural Zone (white)

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Subject Site and Surrounding Area

Buffer Area

Subject Site

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Site Photographs

Above: The house on the subject site from the driveway entrance. Below: The paddock to the east of the driveway (to the left in above photo).

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Statutory Timeframes Date Received: 15/9/14 Advertised: 17/9/14 Closing date for representations: 1/10/14 Request for further information: NA Information received: NA Extension of time granted: NA Extension of time expires: NA Decision due: 27/10/14 OFFICER’S REPORT: General It is proposed to subdivide the 7.218ha subject site into four lots. Three additional lots will be created, all with frontage to Boyes Road. Proposed Lot 2 is in the north west corner of the site and is a 4200m2 lot with a 70m frontage. Most of the lot will be affected by the buffer area. Proposed Lots 3 and 4 are in the north east corner. Lot 3 is 4200m2 in area with 75m frontage and Lot 4 is a 5940m2 internal lot with 30m frontage. The remaining balance lot, Lot 1 with the existing house will be 5.87ha. Assessment: Pursuant to Section 81 of the Local Government (Building and Miscellaneous) Act 1993, subdivision requires a discretionary application. Clause 3.10 Consideration of Applications for Planning Permits Council shall take into consideration the following: 1. the objectives, the intent of the zone, use and development principles, any

development plan affecting the land and any relevant development standards or other relevant requirements of the Scheme;

An assessment is made below: 5.8.1 Zone Intent

(a) The Rural Zone on Flinders Island is intended to maintain the existing rural character of the island which is typified by a pattern of areas of open farmland, typically with shelter belts of remnant vegetation, interspersed with irregular areas of native vegetation and substantial unspoiled landform. On other islands within the

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Planning Area the zone is intended to preserve the existing character which displays minimal signs of European occupation.

(b) Use and development in the Rural Zone is intended to accommodate agricultural uses and development predominantly, with some compatible non-agricultural uses and development in appropriate circumstances, including tourist operation and rural industries. Forest plantations may be appropriate where they do not adversely affect the character of an area or detract from important views.

COMMENT: The proposal is not consistent with the zone intent. Although compatible non-agricultural uses can be accommodated in appropriate circumstances it is considered that here this is not the case. This is expanded on at various points elsewhere in this report.

5.8.2 Desired Zone Character and Zone Guidelines

(a) The use or development of small existing rural lots for the purpose of residential living shall only be approved where such use or development is compatible with any existing or potential agricultural use of that land or surrounding lands.

(b) Use or development should enhance the rural character of the zone. Buildings should be substantial distances from the road frontage and apart, unless inappropriate for operational or topographical reasons. Where land clearance is undertaken it should be visually sympathetic; important trees (or stands of trees) should be retained, important hilltop locations should not be cleared and location of trees and shrubs along fence lines, property boundaries, watercourses and at property entrances is encouraged. Buildings and structures for aquaculture should be sited with regard to the protection of coastal scenery and compatibility with recreational use of the coastline.

(c) Land use or development and management practices shall be environmentally appropriate and shall avoid contamination or despoliation of the land, ground water, water courses, shore-lines, lagoons and marshes. Sand-dunes and coastal vegetation and ecologically important areas shall be protected from degradation.

(d) Forestry activities in the zone shall be in accordance with the Forest Practices Code

COMMENT: In relation to (a), development of the proposed lots is not part of this application. The agricultural report submitted with the application is correct in stating that the subdivision will have a minimal impact on the productivity of the land. However, it is clearly the intention that houses will be

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built on the lots. Development of houses on 4200m2 to 5940m2 lots is not compatible with the current and potential future agricultural use of the land. If houses are built on these lots, 1.434ha of agricultural land will effectively be lost. The reduction of the balance lot from 7.218ha to 5.87ha will hinder its agricultural use and future potential. In relation to (b) the proposed lot sizes means that building cannot be “…substantial distances from the road frontage and apart.” The likely future residential use of this subdivision is likely to meet (c). Criterion (d) is NA. 5.8.3 Subdivision Standards

(a) The minimum lot size is 40 ha (b) A lot less than 40 hectares may be approved at Council’s

discretion for the following purposes; (i) For an intensive agricultural use;

(ii) For a use, other than agriculture, that is consistent with the zone intent, desired zone character and zone guidelines;

(iii) For an aquaculture use; (iv) For a servicing facility, infrastructure or recreational use; (v) For boundary alterations where no additional titles are

created and the resultant lots will comply with the intent of the zone.

(c) In considering an application under Clause 5.8.3(b) Council shall

require a detailed assessment of the proposal prepared by a suitably qualified, independent, agricultural consultant that demonstrates: (i) In the case of lots for intensive agricultural use, the capacity

of the proposed lot(s) (ii) other cases, the agricultural capacity of the proposed lot(s)

(including any balance lot) and methods which will be employed to safeguard their agricultural capacity;

(d) Before accepting an application under Clause 5.9.3(b) Council

may require the applicant to submit a Development Plan for the land to which the application relates. The Development Plan should show that: (i) Subdivision will not fragment or diminish the agricultural

potential of the land; (ii) Subdivision will not result in ribbon development along

roads and coastlines; (iii) Development will not cause significant adverse impact on

the natural environment, flora and fauna, coastal waters, watercourses or skylines;

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(iv) Development or use will not be likely to result in land use conflict with existing land uses in the vicinity.

COMMENT: The proposal must rely on (b) ii) as the proposed lots are smaller than the 40ha minimum at (a). To apply this clause, a use must be attached to the subdivision proposal. It is a fair assumption that the use of the new lots will be residential. An assessment of this proposed use against the zone intent, desired zone character and zone guidelines is made under 3.10 (1.). In relation to (c), an agricultural report was provided with the application. The report concluded that the title “has some agricultural value, however, the subdivision will have a minimal impact on the productivity of the land or further constraints on adjacent agriculture.” This statement meets ii) in as far as it goes. However, it does not consider either the future ownership of the lots or the future use of the new lots. A 4200m2 lot under separate ownership from the balance lot and occupied by a house, outbuilding/s, a driveway and garden will have a significant impact on the agricultural value of the land, effectively reducing it to nothing on the new lot as well as reducing it on the balance lot. 2. any relevant proposals, reports or requirements of any public authorities; NA. None were received.

3. any representations received following public notification where required

under the Act;

NA. None were received. 4. whether any part of the land is subject to:

(i) landslip, soil instability, or erosion;

(j) excessive slope;

(k) ponding or flooding;

(l) bush fire hazard;

(m) a Protected Catchment District under Water Management Act 1999;

(n) any Special Area Provisions in Part 7;

(o) pollution; and

(p) other hazards to safety or health.

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The land is subject to bushfire hazard. An assessment against Schedule 7 Development in Bushfire Prone Areas is made elsewhere in this report. 5. whether the proposed use or development is satisfactory in terms of its

siting, size or appearance and levels of emissions in relation to: (l) existing site features;

(m) adjoining land;

(n) the streetscape and/or landscape;

(o) the natural environment;

(p) items of historic, architectural or scientific interest;

(q) buffer zones, attenuation areas,

(r) easements;

(s) a water supply for fire fighting purposes;

(t) any received pollution;

(u) the escape of pollutants into storm drains and watercourses: and

(v) isolation, separation from other lands. An assessment of these is made elsewhere in this report. 6. whether the proposed use or development will be supplied with an

adequate level of infrastructure and services, and if there is any necessity to improve deficient access, roads or road junctions, water, sewerage, electricity or transport services and the like, without detriment to existing users;

It would be a condition on a permit that each lot is provided with services. It is

understood that the existing infrastructure including the road network has sufficient capacity to serve the new lots.

7. whether the proposed use or development would adversely effect the existing and possible future use or development of adjacent land, and vice versa;

The likely development of houses on the new lots would not affect the

agricultural use of adjacent land. However, there is the potential for future conflict between residential and rural uses in the rural zone.

8. the provision of adequate landscaping, amenity facilities and illumination, and the treatment of the site generally;

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NA.

9. the sight distances available to and from proposed point(s) of access, together with an estimate of the speed of passing traffic;

NA. 10. the design and siting of the proposal to enable reduction in energy

consumption through alternative energy use or reduction in demand; and NA. 13. the safety and well-being of the general public.

Complies.

14. Any other matter which Council is of the opinion is relevant to the

particular application. None stated. Clause 3.19 Buffer/Attenuation Areas 3.19.1 Notwithstanding any other provision in this Scheme, within the

Buffer/Attenuation Special Area a “dwelling unit” shall be prohibited in accordance with Clause 3.6.

3.19.2 In considering any application within a Buffer/Attenuation area Council

shall take into consideration the potential interaction between existing Uses or Developments and the proposed Use or Development and may impose conditions to minimise the impact of that interaction.

3.19.3 Matters to be considered when determining an application include: (a) The siting and orientation of habitable buildings in relation to the

topography and sources of emissions; (b) The design of buildings, including the position of doors and

windows and the noise absorbing properties of proposed building materials;

(c) the benefits of screening with earth mounds, walls, fences or landscaping.

3.19.4 Notwithstanding Clause 3.19.1, within the existing lots zoned Low

Density Residential at Bluff Road and subject to the Buffer/Attenuation

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Special Area, a House or a House and Ancillary Apartment may be erected in accordance with Clause 3.5 of the Scheme.

COMMENT: This application does not include development of the proposal lots. However, is it likely this will occur in the future. Most of the proposed Lot 2 will be affected by the buffer. The application material provides a building area that avoids the buffer. However, when combined with the 20m setback to all boundaries, proposed Lot 4 is effectively not able to be developed with a house. 4.1 Plans of Subdivision 4.1.1 In considering any application for the subdivision of land Council must:

(a) give consideration to the matters listed in Clauses 3.9 & 3.10 as far as they be relevant to a subdivision;

(b) in no case approve the subdivision of any lot or other block of land of a size, shape or dimension other than is provided for in Part 6 of this Scheme and required to enable all other relevant provisions of this Scheme to be met; and

(c) have regard to any other relevant matters required under this Scheme and the provisions of the Local Government (Building and Miscellaneous Provisions) Act, 1993;

COMMENT: In relation to (a) and (b) an assessment is provided elsewhere in this report. In relation to (c), pursuant to Section 81 of the Local Government (Building and Miscellaneous) Act 1993, subdivision requires a discretionary application. Part 6 – Use and Development Principles An assessment is made below against the relevant principles (those that are not applicable have been omitted for brevity): 6.0 Use and development shall be consistent with the following principles: 6.1 Use

(a) Use or development shall not unreasonably impact on any existing or intended use of development of neighbouring land.

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(b) Subdivision of land shall be carried out in accordance with the subdivision provisions for the zone within which the land is located or where that is not appropriate in accordance with:

(i) the requirements of the intended use, and

(ii) the Zone Intent, or alternatively by

(iii) an approved Development Plan that has been adopted by Council and inserted as a provision in the Scheme.

COMMENT: An assessment is made elsewhere in this report.

6.2 Character

(a) Use and development shall adequately respect the character of, and future intentions for the area in which it is to be located.

(b) Subdivision layout, particularly roads, shall take adequate

account of land contours and the need to avoid visual scarring. COMMENT: The subject site is zoned rural and has a rural character. The creation of 4200m2 lots that are likely to be developed with houses does not respect this character. There is an area of house lots adjacent to the site along Bluff Road in an area zoned low density residential. If the future intentions for the subject site are residential, the subject site should be rezoned to reflect this.

6.3 Amenity

(a) Adequate public open space shall be provided in areas of new subdivision, to meet the recreational and open space requirements of the community generally and particularly the new owners of the lots created by subdivision.

COMMENT: No public open space is proposed. However it is normal for a subdivision of this size to make a cash contribution to Council in lieu. 6.4 Environment

(a) Use or development shall not be allowed to detrimentally affect the environment. All areas, and sensitive ecological and/or visual areas in particular, shall be developed in a manner and to an extent which is consistent with the protection of the values of the area.

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(b) Use or Development and land management practices shall be directed towards achieving environmental sustainability, biodiversity and ecological balance, and avoiding environmental damage such as soil erosion, coastal dune erosion, loss of important animal and plant species and increases in vermin populations.

(c) Use or Development shall not be located in areas of unacceptable risk (eg. from fire, flood or landslip). In situations where risk may exist, use and development shall be appropriately sited and designed to provide an acceptable level of protection and safety for future users. In particular:

i. Lands subject to flood risk are those subject to a greater than

one in a 100 year flood interval (1% probability), and land, the natural surface level of which is below 3 metres Australian Height Datum (AHD); and

ii. Land which comprises soils of known or suspected instability,

has a slope greater than 1 in 4, or is filled or reclaimed land, are deemed to constitute an unstable land hazard; and

iii. Use and development in bushfire prone areas will comply with

the provisions of Schedule 7 Development in Bushfire Prone Areas or some other provisions acceptable to Council and the Tasmania Fire Service.

COMMENT: In relation to (a), the subject site is not an ecologically or visually sensitive area. The proposed subdivision and likely future use of the lots will not detrimentally affect the environment. In relation to (b), the lots will most likely be cleared to accommodate a future dwelling which is not consistent with this criteria. In relation to (c), i) and ii) are NA. In relation to iii), the site is prone to bushfire, so Schedule 7 applies. 6.5 Heritage COMMENT: NA. The subject site is not heritage listed. 6.6 Access and Parking

(a) All new lots must be provided with satisfactory pedestrian and vehicular access to a public street.

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(b) All Use or Development shall provide satisfactory pedestrian and vehicular access which is suited to the volume and needs of future users.

COMMENT: All new lots will be able to be provided with suitable access from Boyes Road. 6.7 Services

(a) Use or Development shall be provided with adequate and appropriate services which are suited to the lifestyle requirements of people, the nature of the location, and the ability of the community to provide.

(b) Lot size and arrangement shall be adequate and appropriate to

ensure an acceptable level of servicing, particularly in relation to waste disposal.

(c) In areas not serviced with water use or development shall provide

adequate water supply and effluent disposal systems. Each dwelling shall provide a potable water storage facility (minimum capacity of 40kl) to provide for the anticipated number of occupants, and a wastewater disposal system approved by the Council’s Environmental Health Officer

(d) Use or Development in the bushfire prone areas will provide fire

protection features and water supplies which comply with Schedule 7.

(e) Use or Development shall be appropriately sited, designed and

constructed to avoid conflict with service mains (including telephone, power, sewer, water and irrigation channels/pipelines). Buildings shall not be erected over any service main or within any easement providing for same whether utilised or not.

(f) Servicing systems shall use adequate and appropriate design

methods and materials to ensure an acceptable life span and allow for adequate maintenance requirements.

(g) Use or Development shall optimise efficiency in the use of energy

and resources. In particular, land should be subdivided on a generally sequential basis (ie. one area is substantially developed

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before the next is subdivided), common trenching should be used for different services where appropriate, and solar access maximised.

COMMENT: The proposed lots are to be serviced to meet (a) and (c). The lots comply with (b), subject to environmental health approval of wastewater disposal. Criteria (d) to (f) will be addressed when development is proposed. In relation to (g), this proposal is not consistent with the subdivision of land on a sequential basis. There is a 52.69ha lot zoned low density residential across Bluff Road which should be developed before subdivision of this land is considered. 6.8 Social Interest

1. Use or Development should demonstrate how it suits the community interest.

2. Use or Development shall have adequate and appropriate types

and levels of access to social facilities and services (eg. shops, government agencies, telecommunication, health services and educational facilities).

COMMENT: The proposal provides additional housing lots on Flinders Island which anecdotally is considered to be in the community interest. The proposed location of the housing lots may not be considered in the community interest. The subdivision is within reasonable distance of Whitemark (approximately 4.5km), but this is not walking distance. 6.9 Administration

(a) In considering subdivision and/or rezoning proposals, an appropriate balance shall be maintained between current demand and stock available for use or development, and the number of new lots that would be created.

(b) Use or Development proposals should only be approved where

the cost to the public of providing and maintaining services is not exceeded by the economic benefit of the use or development to the community.

(c) In considering any proposal, Council shall obtain the advice and

opinion of other relevant group(s), individual(s) or organisation(s) with direct interest in the proposal.

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COMMENT: In relation to (a), there is anecdotal evidence of a shortage of affordable housing lots on Flinders Island. However, within the immediate area there is a large 52.69ha parcel of land zoned low density residential. The low density land to the north across Boyes Road has already been subdivided into four lots. From a planning perspective only, there is no shortage of available residential lots or land available to be subdivided in the area. Schedule 7 – Development in Bushfire Prone Areas The subdivision is within a bushfire prone area. An assessment against the schedule is made below:

S7.1.0 ISSUE

Subdivision design and layout

INTENT - The design, siting and layout of subdivisions in bushfire prone areas should minimise fire risks and the potential for loss of life.

ACCEPTABLE SOLUTIONS PERFORMANCE CRITERIA

S7.1.1a Subdivisions are designed so that buildings are separated from the bushfire hazard by Building Protection Zones (BPZ) and Fuel Modified Buffer Zones (FMBZ) and

S7.1.1b A BPZ surrounds a building and is separated from the fire hazard by a FMBZ and

S7.1.1c BPZ and FMBZ can be constructed to the width measured along the ground as shown in Table 7.1 and

S7.1.1d If the required width of the BPZ is exceeded, the width of the FMBZ may be reduced by that additional width, thus maintaining the same total width of fuel reduced areas. (Note the width of the BPZ cannot be reduced).

Subdivisions are designed to have lots of sufficient size and appropriate shapes to provide building envelopes located within sufficient fuel reduced areas so buildings are not subject to threatening levels of flames and radiation during a bushfire.

COMMENT: BPZs and FMBZs are not referred to in the bushfire report so the performance criteria must be met. The BAL 19 building areas for proposed Lots 3 and 4 (the dwelling on Lot 1 is existing) are of sufficient size so buildings are not subject to threatening levels of flames and radiation during a bushfire. In relation to bushfire, the same applies to Lot 2, but once the buffer area and the setback requirements are considered, the building area is all but unachievable.

S7.1.2a FMBZ are within the boundaries of Subdivisions provide all lots with

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the subdivision and BPZ are within the boundaries of each lot or

S7.1.2b In reticulated water supply areas, the width of the FMBZ may be reduced if it can be shown that other fire protection measures acceptable to the Tasmania Fire Service and Council are to be incorporated into the development or

S7.1.2c Where the subdivision does not provide either sufficient BPZ or FMBZ for individual lots, a multi-lot solution may be proposed which may be acceptable to the Tasmania Fire Service and Council.

sufficient fuel reduced areas around building envelopes so buildings are not subject to threatening levels of flames and radiation during a bushfire.

COMMENT: FMBZs and BPZs are not referred to in the bushfire report. BAL 19 building areas are provided and they are within the proposed lot boundaries.

S7.2.0 ISSUE

Access in subdivisions

INTENT – Subdivisions are designed to provide safe access for emergency and other vehicles to all lots and buildings.

ACCEPTABLE SOLUTIONS PERFORMANCE CRITERIA

S7.2.1a Subdivisions have two access roads to low bushfire hazard areas or

7.2.1b Dead end roads must not exceed 200 metres in length or service more than 8 lots or

S7.2.1c Where only one road is available, the Tasmania Fire Service and Council may approve a local area development plan which provides for the eventual linking of a dead end road to a connective road network or

S7.2.1d The Tasmania Fire Service and Council may approve a no through road provided it is linked to a formed fire trail to the requirements of the Tasmania Fire Service and Council.

Subdivisions should have safe alternative routes to low bushfire hazard areas for emergency and other vehicles.

COMMENT: Boyes Road is the only road that provides access to the proposed subdivision. It is a dead end, so the performance criteria must be met. The bushfire report suggests that because three of the four lots are within 200m of Bluff Road to

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which Boyes road connects, Boyes Road being a dead end is not relevant. Regardless, there is still one proposed lot not within 200m of Bluff Road. The report suggests that Bluff Road is a through road as it also runs to the coast. There is no explanation as to whether or not the coast is a low bushfire hazard area or a suitable area for evacuation and thus compliance with the performance criteria has not been demonstrated.

S7.2.2a Access must be of all-weather construction and

S7.2.2b Road structures (including bridges) must have a minimum load limit of 20 tonnes and

S7.2.2c There must be vertical clearance to a height of 4 metres above the trafficable width of the access and

S7.2.2d There must be horizontal clearance from 4 metres of the centre line of any trafficable road for a height of 4 metres above the trafficable width.

Safe access roads shall be provided at all times.

COMMENT: Complies with the acceptable solution. Without having technical details it is understood that it meets the acceptable solution.

S7.2.3a A maximum gradient of 1 in 8 (12.5%) is specified. However, where a topographic difficulty occurs, an absolute maximum grade of 1 in 5 (20%) for a distance no greater than 50 metres may be approved by the Tasmania Fire Service and Council. The average maximum grade must therefore not exceed 1 in 7 (14.4%) and

S7.2.3b Curves must have a minimum inner radius of 10 metres and S7.2.3c Dips must have no more than a 1 in 8 (12.5%) entry and exit angle and S7.2.3d All roads must have a maximum cross fall alignment of 1 in 33 (3%).

The horizontal and vertical alignments, crossfall and turning areas reflect physical characteristics and major drainage functions for the site as well as satisfying design requirements for emergency vehicles.

COMMENT: Boyes Road is existing. It is flat and straight. Without having technical details it is understood that it meets the acceptable solution.

S7.2.4a At the end of all roads or access Suitable turning areas for fire

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ways there must be a court bowl or cul de sac of a minimum trafficable radius of 10 metres (shoulders, seal or other consolidated edges may be acceptable) or

S7.2.4b At the end of all roads or access ways there must be hammerhead “T” or “Y” turnarounds with minimum 4 metres width and total length of 16 metres.

suppression and other vehicles must be provided at the end of all roads and access ways.

COMMENT: There is no suitable turning area within the road reserve for Boyes Road. There is an informal, unsurfaced turning area which is accessed through Crown land. Compliance with the performance criteria has not been demonstrated as it has not been shown that it is large enough for fire suppression vehicles to turn around safely.

S7.2.5a The minimum trafficable width for access is 6 metres which may include consolidated, formed, surfaced and drained shoulders or

S7.2.5b Where 8 or less lots are being serviced, an access with trafficable width of 4 metres for a maximum of 90 metres length may be provided or

S7.2.5c Where the access is less than 6 metres trafficable width, passing bays of a minimum length of 20 metres must be provided every 200 metres along the access. The combined width of the access and the passing bay must be a minimum 6 metres. fire suppression and other vehicles

Access should be of sufficient width to allow simultaneous access and egress for emergency and other vehicles.

COMMENT: Boyes Road is existing. Without having technical details it is understood that it meets the acceptable solution.

S7.2.6a An access road forms the perimeter of the development or

S7.2.6b A fire trail connected to an access road forms the perimeter of the development.

Access to the perimeter of the development must be provided.

COMMENT: There is no access to the perimeter of the development. The performance criteria is not met.

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S7.2.7a Fire trails are constructed to 4WD standard and

S7.2.7b Fire trails have a formed width of 4 metres and

S7.2.7c Fire trails must have vertical clearance to a height of 4 metres above the trafficable and

S7.2.7d Fire trails must have horizontal clearance from 3 metres of the centre line for a height of 4 metres above the trafficable width and

S7.2.7e Fire trails will have a maximum gradient of 1 in 6 (17%).

Fire trails must be safe for use fire suppression.

COMMENT: NA. No fire trails are proposed.

S7.3.0 ISSUE

Water supplies for fire suppression in subdivisions

INTENT – To ensure adequate water supplies are available in a subdivision for landowners or emergency services to defend properties from bushfire

ACCEPTABLE SOLUTIONS PERFORMANCE CRITERIA

S7.3.1a Subdivisions have a reticulated water supply with a minimum flow rate as specified by Australian Standard AS 2419 for the intended class of development as required under the Building Code of Australia or 600 litres per minute (which ever is greater) or

S7.3.1b Subdivisions have a static water supply to comply with AS 2419 for the intended class of development as required under the Building Code of Australia for fire suppression or

S7.3.1c For developments not specified in the Building Code of Australia in S7.3.1 b), subdivisions for lots less than 2500 square metres will have 10 000 litres of stored water for fire suppression and for lots 2500 square metres or larger, 20 000 litres of stored water for fire suppression.

Subdivisions have an adequate size of water supply.

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COMMENT: Water supply is not specified but it is assumed it will meet the performance criteria.

S7.3.2a In areas where the water supply complies with S7.3.1 a), the building envelope must not be more than 130 metres from the nearest fire hydrant. The hydrant must comply with Tasmania Fire Service and Council requirements or

S7.3.2b In areas where the water supply does not comply with S7.3.1 a), a static supply complying with S7.3.1 b) or c) will be located within the subdivision to be accessible by emergency vehicles at all times. The supply may be from a single source or a combination of storages for either individual lots or for the entire subdivision. Storages must be accessible from all the lots they are intended to serve.

The water supply for fire suppression will be available at all times.

S7.3.3a All water storage tanks are constructed of non-combustible and non-rust materials such as galvanised steel and concrete and

S7.3.3b All above ground pipelines and fittings are either constructed of non-combustible and non-rust materials such as galvanised steel and copper, or protected from the effects of heat and flame by lagging or other means and

S7.3.3c All below-ground water pipelines are installed to a depth as specified in the National Plumbing Code AS 3500 (generally 300 mm).

The water supply pipelines, fittings and storages are designed, located and fitted to ensure reliability of the water supply during a fire.

COMMENT: NA. Will apply to future development applications. The location of fire hydrants is unknown.

S7.3.4a If the storage is accessible and above ground, a male 64 mm 5V thread coupling to Tasmania Fire Service specifications must be installed on the storage to supply water or

Access to static supplies will be suitable for emergency vehicles.

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S7.3.4b If the storage is accessible and below ground, there must be sufficient hard standing beside or adjacent to the storage to allow an emergency vehicle access for draughting from the storage or

S7.3.4c If the storage is not directly accessible, a remote access point may be provided which must deliver water at a minimum flow rate of 270 litres per minute at the delivery point through a male 64 mm 5V thread coupling to Tasmania Fire Service specifications.

COMMENT: NA. Will apply to future development applications.

Referrals The application did not require referrals. STATUTORY REQUIREMENT: The application was advertised for 14 days in accordance with the Act. POLICY/STRATEGIC IMPLICATIONS: The relevant strategic outcome and strategies of the Flinders Council Strategic Plan 2011 are outlined under 3. Land Use, Development and Building. The strategic focus area is identified as: “A productive system of land and building development that promotes investment and activity while protecting people and the environmental characteristics of the Flinders municipal area.” COMMENT: The proposal is not consistent with this strategic outcome. The non-compliance with the bushfire schedule means that people are not protected. The environmental characteristics of the rural zone are not protected. BUDGET AND FINANCIAL IMPLICATIONS: Not applicable. OFFICER’S RECOMMENDATION: That the application for a four lot subdivision in the rural zone, by Cohen & Associates for land located at 29 Boyes Road, Whitemark (CT: 31684/2) be

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REFUSED for the following reasons: 1. The proposal is not consistent with the zone intent, desired zone

character and zone guidelines for the rural zone. 2. The proposal does not meet the requirements of Clause 5.8.3 (b) of the

planning scheme relating to subdivision in the rural zone. 3. The proposal does not meet the requirements of Clause 6.7 (g) in the

planning scheme relating to the sequential development of land. 4. The proposal does not meet performance criteria in Schedule 7

Development in Bushfire Prone Areas relating to Access in Subdivisions. DECISION: 909.10.2014 Moved: Deputy Mayor D Williams Seconded: Cr R Wise That a four lot subdivision for land located at 29 Boyes Road, Whitemark (CT:31684/2) be APPROVED generally in accordance with the application documents and subject to the following conditions:

APPROVED PLAN

1. The use and/or development must be carried out as shown on the endorsed plan by Cohen and Associates dated 28-8-14 (Reference: 22/78 (6823) to the satisfaction of the Council. Any other proposed development and/or use will require a separate application to and assessment by the Council.

FINAL SURVEY DIAGRAM

2. The Final Survey Diagram and Schedule of Easements (and three copies) must be submitted for sealing, together with a copy of the Survey Notes.

EASEMENTS 3. Easements are required over all Council and third party services

located in private property. The minimum width of any easement must

be 3 metres for Council (public) mains. A lesser width may be

approved for a private service prior to the lodgement of a final plan of

survey.

VEHICULAR CROSSING APPLICATION 4. Prior to the sealing of the Final Plan, each lot must be provided with an

adequate all weather access from the edge of the road pavement to the property boundary.

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COVENANTS ON SUBDIVISIONS 5. Covenants or similar restrictive controls must not be included on or

otherwise imposed on the titles to the lots created by the subdivision

permitted by this permit unless:

a) Such covenants or controls are expressly authorised by the terms of this permit; or

b) Such covenants or similar controls are expressly authorised by the consent in writing of the Council.

b) Such covenants or similar controls are submitted for and receive written approval by Council prior to submission of a Plan of Survey and associated title documentation is submitted to Council for sealing.

FORESHADOWED MOTION That if the substantive motion is not passed, a three lot subdivision option with conditions would be proposed.

CARRIED (4-3)

For: Deputy Mayor David Williams, Cr Peter Rhodes, Cr Gerald Willis and Cr Ronald Wise. Against: Mayor Carol Cox, Cr Marc Cobham and Cr Mary-Anne Roberts. James Ireland, Consultant Planner, West Tamar Council left the meeting at 2.03pm.

Council concluded its meeting as a Planning Authority under Section 25 of the Local Government (Meeting Procedures) Regulations 2005 at 2.03pm. Mayor Carol Cox called a break in the meeting at 2.03pm and passed the Chair to Deputy Mayor David Williams. Deputy Mayor David Williams as Chair resumed the meeting at 2.07pm. Mayor Carol Cox left the meeting at 2.07pm.

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B. NOTICE OF MOTIONS

Item B1: Notice of Motion from Cr Ronald Wise – ANZAC Centenary Celebration 2015

ACTION Decision PROPONENT Councillor Ronald Wise OFFICER Jana Harper, Community Development

Coordinator FILE REFERENCE PUB/0600 ASSOCIATED PAPERS Annexure 9: Email Communication

NOTICE OF MOTION: That Council commit funding of up to $6,000 from the Community Development budget to assist with commemoration of the Centenary of ANZAC Day with the Cape Barren Island (truwuna) community on 25th April 2015. COUNCILLOR’S REPORT: Official records for enlistments for men from Cape Barren Island (CBI) (truwuna) who served in WW1 vary from 15 (Tasmania’s War Record 1914-1918) to 18 (Photographic Record of Service Personnel-Furneaux Group, by Francis Rhodes-1996). Of that number, 5 were killed in action or died from their wounds, and another died from disease during training. That in itself is an extraordinary commitment, as at that time Aboriginal Australians were not permitted to vote and were thus considered exempt from service. ANZAC Day 2015 marks the centenary of ANZAC. It is fitting that we remember and commemorate the commitment of those men on that Day. This Motion requests funding to allow a contingent of 7 persons, including a bugler and guest speaker, to travel by air to and from CBI (truwuna) to participate at the Dawn Service, and return transport for up to 36 residents of the CBI (truwuna) community to travel by charter boat and aircraft to Whitemark to attend the 11am ANZAC March and Service, followed by a community BBQ at the Whitemark Foreshore and return to CBI (truwuna) later that afternoon. The budget for the occasion consists of $3,000 for air travel and $1,700 for sea travel (based on commercial cost quotations at 07.10.2014), with the balance of $1,300 to cover the cost of overnight accommodation on CBI (truwuna) on 24th April for the Council contingent, wreaths, the BBQ lunch, and other incremental expenses on the Day, including a video record of the events. It is envisaged by

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the proponent of this motion that fundraising activities prior to the event may help to cover some of the costs and that the requested amount of $6,000 is the absolute maximum required. The Community Development budget for the 2014-15 financial year has unused funding originally intended for the Australian Small Islands Forum Conference, which Council has since chosen to not support. It is from that unused component that funding is sought. Denise Gardner, on behalf of the CBI (truwuna) community has consented to holding the event (Refer Annexure 9). Support from Council is requested. PREVIOUS COUNCIL CONSIDERATION: Nil OFFICER’S REPORT: The Notice of Motion calls for Council to fund air travel, sea travel and accommodation costs to a total amount of $6,000 to support an ANZAC Day centenary event. Cr Wise has made it clear in correspondence to the General Manager, when clarification was sought on the details contained within the motion, that Council staff will not be required to assist in developing or delivering the event(s) and as such he would personally undertake arranging most of the details and on ground activities. The Tasmanian Government has a grant fund available to assist these types of centenary events, which closes on the 24th of October 2014. Ideally an application to this grant fund would be made to assist with the associated costs. The Cape Barren Island Aboriginal Association Inc. or Council could submit an application to this fund. Cr Wise’s Notice of Motion is a good example of local leadership to build civic engagement and increase civic pride through an event that recognises the commitment made by the Furneaux community during WW1 and commemorates our community’s involvement. Council staff are more than willing to assist Cr Wise and/or the Cape Barren Island Aboriginal Association Inc. with drafting a submission to this grant fund. With Council deciding not to hold the Australian Small Islands Forum (ASIF), funds could be allocated to the proposal if Council see it as a reasonable expenditure of public funds.

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The most appropriate approach to such a request, given Cr Wise will not be recontesting the election, is to reallocate the funds from ASIF to Community Grants. If Council is supportive of the Motion at hand, an extraordinary community grant application by Cr Wise could be submitted to the new Council for consideration in the coming months. The Cape Barren Island Community combining with the Flinders Island Community to celebrate the centenary of ANZAC Day has the potential to be a very worthy event and a thoughtful way to celebrate the sacrifices both communities made for the freedom of our country. STATUTORY REQUIREMENTS: Local Government Act 1993 POLICY/STRATEGIC IMPLICATIONS: 4.0 Community Safety, Engagement and Enterprise BUDGET AND FINANCIAL IMPLICATIONS: No budget allocation or Annual Plan action is in place to support the motion at hand. Council by absolute majority would need to reallocate funds to the proposal. Council could agree to an extraordinary Community Grant allocation to support the proposal; costs incurred by the recipient of the grant could be reimbursed upon receipt for flights, sea travel and accommodation. RISK/LIABILITY: As Council will not be running the events associated with the motion at hand, that risk is mitigated. The individual will arrange the sea and air travel combined with accommodation and as such no risk is evident to Council. A Community Grant agreement could formalise the details of the allocation and its expenditure. VOTING REQUIREMENTS: Absolute Majority OFFICER’S RECOMMENDATION: That Council agree to reallocate a maximum of $6,000 from the Australian Small Islands Forum to Community Grants. That Cr Wise submit an extra ordinary Community Grant application in the coming months outlining the details of the project and proposed expenditure for Council consideration. DECISION:

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910.10.2014 Moved: Cr R Wise Seconded: Cr G Willis That Council agree to reallocate a maximum of $6,000 from the Australian Small Islands Forum to Community Grants. That Cr Wise submit an extra ordinary Community Grant application in the coming months outlining the details of the project and proposed expenditure for Council consideration.

CARRIED UNANIMOUSLY (6-0) For: Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. Mayor Carol Cox returned to the meeting at 2.28pm. Deputy Mayor David Williams passed the Chair to Mayor Carol Cox at 2.28pm. 911.10.2014 Moved: Cr G Willis Seconded: Cr P Rhodes That the meeting revert to normal meeting procedures.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise.

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Item B2: Notice of Motion from Cr Ronald Wise – Reclaiming Ports, Slipway and associated infrastructure from TasPorts

ACTION Decision PROPONENT Councillor Ronald Wise OFFICER General Manager Raoul Harper FILE REFERENCE COM/0402 ASSOCIATED PAPERS Nil

NOTICE OF MOTION: That Council consider at a future workshop the logistics and sensibility of reclaiming our 2 ports and slipway and associated infrastructure from TasPorts on behalf of the Flinders municipality. COUNCILLOR’S REPORT: As an elected representative of the Furneaux Islands people, I consider it to be essential that we continue to support a shipping service operating out of Bridport to Lady Barron to be in the best interests of our community. The resultant costs and physical barriers imposed if we are forced to move to a more distant port in Tasmania using a ship or ships which do not have a reliable track record will have serious detrimental effects on the businesses and individuals who rely on a reliable and affordable shipping service for their livelihood and quality of life in our community. It is surely a universally agreed fact that Furneaux Freight and TasPorts cannot reach agreement on any matter and never will. There is no alternative, in my opinion, but for Council, on behalf of the community, to take control of our own ports, slipway, and associated infrastructure, and enter into discussion with Furneaux Freight and Qube Stevedores during the current 60 day interim stevedoring period to establish positive outcomes for a continued reliable and safe shipping service between our Islands and mainland Tasmania and Victoria. TasPorts are responsible for facilitating (to facilitate, v. to make easy, to help, to improve) the movement of freight within Tasmania and interstate. If making easier, helping, and improving our current situation means that TasPorts must leave the responsibility to the community and Furneaux Freight then it is within their charter to do so. This motion calls for the elected members of Council to meet and discuss the matter as the representatives of the community at the earliest opportunity following this Ordinary Meeting. PREVIOUS COUNCIL CONSIDERATION: Nil

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OFFICER’S REPORT: The Motion calls for Council to consider at a workshop “the logistics and sensibility of reclaiming our two ports and slipway and associated infrastructure from TasPorts on behalf of the community.” Council has no ability to “reclaim” control of State owned assets. The financial cost of purchasing these assets at market value from the State, if they desired to sell them, is unknown. The operational and depreciation costs of owning these assets are also unknown. The ongoing cost to ratepayers of such an undertaking is unknown. The State has shown no interest in divesting the assets. TasPorts and Furneaux Freight have an existing trial in place and their operational/commercial relationship is a matter of record. This trail should be supported and allowed to at least run its course before Council considers any further action that may inflame relationships with either party. The new Council, once sworn in, will be briefed on shipping, ports and the current agreement. STATUTORY REQUIREMENTS: Local Government Act 1993 POLICY/STRATEGIC IMPLICATIONS: Nil BUDGET AND FINANCIAL IMPLICATIONS: Unknown RISK/LIABILITY: Extreme. The ongoing cost to ratepayers of such an undertaking is unknown. VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That Council note the report provided by Cr Wise. DECISION: Moved: Cr R Wise Seconded: Cr G Willis That Council discuss at a future workshop reclaiming our 2 ports and slipway and associated infrastructure from TasPorts on behalf of the Flinders municipality.

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LOST (3 – 4) For: Cr Peter Rhodes, Cr Gerald Willis and Cr Ronald Wise. Against: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, and Cr Mary-Anne Roberts.

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Item B3: Notice of Motion from Cr Ronald Wise – Reclaiming Water Assets from TasWater

ACTION Decision PROPONENT Cr Ronald Wise OFFICER General Manager, Raoul Harper FILE REFERENCE WAT/0101 ASSOCIATED PAPERS Nil

NOTICE OF MOTION: That Council consider at a future workshop reclaiming on behalf of the community the water assets of our community currently controlled by TasWater and managed by them on behalf of their shareholders, the combined Councils of Tasmania, including future budgeted improvements and infrastructure upgrades. COUNCILLOR’S REPORT: The intent of this motion is to ensure that the problems associated with excessive ground water and partly treated wastewater regularly inundating the township of Lady Barron be given priority consideration by Council at future workshops. It is apparent that TasWater has no intention of addressing the issues associated with Lady Barron wastewater in the immediate future, and I believe Council lacks integrity if they continue to allow development of any nature in the town which could contribute to the problems. There are solutions. They are not cheap, but it is possible to alleviate and even rid Lady Barron of future issues with their problematic water. Alternative funding opportunities and innovative solutions must be considered if Lady Barron Township and the surrounding area are to attain their full potential. Lady Barron Township and the surrounding area offer good opportunities for future growth in residences, tourism, and associated businesses. The potential for rates revenue and population growth are real, but before that can happen, the associated water issues need to be addressed and overcome. This motion asks Council to consider the alternative to having TasWater in control of our water assets and liabilities as a positive action for Lady Barron’s future. PREVIOUS COUNCIL CONSIDERATION: Nil

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OFFICER’S REPORT: The water assets owned by TasWater are subject to an estimated $11,000,000 upgrade that will be completed in late 2015 or early 2016. For the first time in the Island’s history, potable water will be provided to both Lady Barron and Whitemark. The cost for this service will be in line with all other areas of Tasmania with the same standard of water. If these assets were owned and operated by Council the cost to ratepayers to undertake such an upgrade would see Council rates rise dramatically for many years and ratepayers would be exposed to increased costs for the life of the project. TasWater has made a major investment into our community and this should not only be recognised but it should be celebrated as a key development that will support growth, development, existing and new business and existing and new residents. TasWater do not own any sewerage assets on the Island as none existed when the Corporation was established. Hence they have no legislated responsibility to provide such a service. Council, in the 1980’s and 1990’s, undertook a range of studies on the provision of reticulated sewerage and waste water and all were found to be either cost prohibitive for the size of the rate base (ratepayers would be required to pay off the system with a construction rate and ongoing charges over a long period of time) or technically challenging to deliver. The Council at the time did not commission a waste water system at Lady Barron and now that TasWater has been established Council has no ability to direct them to commission such a system. Communities need to demonstrate genuine and proven environmental issues linked directly to sewerage and storm water before the Director of Public Health would list that community as requiring attention from TasWater. Moreover, if such a sustained environmental problem exists the onus is on Council to mitigate it as far as possible before TasWater would be directed to consider other alternatives – such as a reticulated sewerage and waste water system. Lady Barron does have growth potential and Council is charged with assessing each development application brought forward to ensure waste water and sewerage can be treated on site. As Cr Wise points out, modern treatment options have come a long way in the recent past and the community can be assured that any development that is approved in the Lady Barron area is sustainable and capable of treating its own waste water on site. Council could not simply reclaim assets from TasWater. The legislation that established the Corporation has removed Council from any role in the provision of water, sewerage and waste water services. The motion is not supported.

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STATUTORY REQUIREMENTS: Local Government Act 1993 POLICY/STRATEGIC IMPLICATIONS: Nil BUDGET AND FINANCIAL IMPLICATIONS: Unknown. Council attempting to reclaim ownership could see an $11,000,000 investment put in jeopardy. RISK/LIABILITY: Extreme. Council attempting to reclaim assets would be ultra vires and could expose Council to significant legal costs. VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That Council note the report provided by Cr Wise. DECISION: Moved: Cr R Wise Seconded: Cr P Rhodes That Council consider at a future workshop reclaiming on behalf of the community the water assets of our community currently controlled by TasWater and managed by them on behalf of their shareholders, the combined Councils of Tasmania, including future budgeted improvements and infrastructure upgrades.

LOST (3-4) For: Cr Peter Rhodes, Cr Gerald Willis and Cr Ronald Wise. Against: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, and Cr Mary-Anne Roberts.

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Item B4: Notice of Motion from Deputy Mayor David Williams – Revised Investment Policy

ACTION Decision PROPONENT Deputy Mayor David Williams OFFICER General Manager, Raoul Harper FILE REFERENCE FIN/0501 ASSOCIATED PAPERS Annexure 10: DRAFT Investment Policy

NOTICE OF MOTION: That Council approve the adoption of the draft Investment Policy and allow it to lay on the table for 28 days for public comment. COUNCILLOR’S REPORT The Audit and Finance Special Committee has reviewed Council’s Investment Policy (originally adopted 2009) and drafted a replacement Investment Policy (Annexure 10) which provides for greater flexibility of investment whilst retaining the desired security. At the committee’s 8th October meeting, a motion was passed to take the draft Investment Policy to Council for consideration. PREVIOUS COUNCIL CONSIDERATION: 170.05.09 21 May 2009 OFFICER’S REPORTS: Council has a policy that states that policies should be reviewed at least every two (2) years. An updated Investment Policy has been developed by staff and the Audit and Finance Special Committee and is now presented for Councillors consideration. STATUTORY REQUIREMENTS: Local Government Act 1993 POLICY/STRATEGIC IMPLICATIONS: 5.0 Corporate Governance and Intergovernmental Relations - decisions are professionally and transparently made, communicated and implemented to achieve defined outcomes in the interest of the community.

5.1 Support the capacity and productivity of our organisation and a culture of professionalism, compliance, innovation and service.

BUDGET AND FINANCIAL IMPLICATIONS: Nil

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RISK/LIABILITY: By adopting this policy and ensuring that Management, Staff and Councillors are aware of and follow this policy, it will help to reduce Council’s exposure to risk in this area. VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That Council approve the draft Investment Policy and allow it to lay on the table for 28 days for public comment. DECISION: 912.10.2014 Moved: Cr D Williams Seconded: Cr M Cobham That Council approve the adoption of the draft Investment Policy with the discussed amendments to the Government Deposit Guarantee and allow it to lay on the table for 28 days for public comment.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. 913.10.2014 Moved: Deputy Mayor D Williams Seconded: Cr M Cobham That the Corporate Services Items C1 and C2 be brought forward in the Agenda.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise.

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C. CORPORATE SERVICES

Item C1: Quarterly Financial Report for July – September 2014

ACTION Information PROPONENT Corporate Services Manager OFFICER Sophie Pitchford FILE REFERENCE FIN/0100, ADM/0600 ASSOCIATED PAPERS Annexure 12: Quarterly Financial Report July –

September 2014 INTRODUCTION: Presented to Council is the first Quarterly Financial Report for the period commencing 1st July 2014 and ending 30th September 2014.

PREVIOUS COUNCIL CONSIDERATION: Council considers the Quarterly Financial Report on a quarterly basis. OFFICER’S REPORT: The new report structure provides a summary of income and expenditure for the first quarter across all departmental divisions as individual finance reports. The Statement of Comprehensive Income includes actuals from the previous financial year, for comparison against current actuals, as well as the 2014/15 Annual Budget. The Capital Works Report highlights each project and the expenditure incurred to date as well as projects carried forward as Works in Progress arising from the previous financial year. STATUTORY REQUIREMENT: Local Government Act 1993

POLICY/STRATEGIC IMPLICATIONS: 5.0 Corporate Governance and Intergovernmental Relations - decisions are professionally and transparently made, communicated and implemented to achieve defined outcomes in the interest of the community.

5.1 Support the capacity and productivity of our organisation and a culture of professionalism, compliance, innovation and service.

5.1.3 Achieve a sustainable balance of income, investment and recurrent expenditure.

BUDGET AND FINANCIAL IMPLICATIONS: Annual Plan – all areas

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RISK/LIABILITY: No foreseen risks or legal obligations identified as a result of the financial report. VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That the Quarterly Financial Report for the period commencing 1st July 2014 and ending 30th September 2014 be received and accepted.

DECISION: 914.10.2014 Moved: Deputy Mayor D Williams Seconded: Cr M Cobham That the Quarterly Financial Report for the period commencing 1st July 2014 and ending 30th September 2014 be received and accepted.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise.

Note: Mayor Carol Cox congratulated Sophie Pitchford, Corporate Services Manager on the transfer to the new system and the easier to read report.

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Item C2: LATE AGENDA ITEM 2013-14 Annual Financial Report

ACTION Information PROPONENT Council Officer OFFICER Sophie Pitchford, Corporate Services Manager FILE REFERENCE FIN/0100, ADM/0600 ASSOCIATED PAPERS Annexure 17: Annual Financial Report for the

Year Ended 30 June 2014 INTRODUCTION: Presented to Council is the Annual Financial Report for the year ended 30 June 2014.

PREVIOUS COUNCIL CONSIDERATION: Previously considered annually at Annual General Meetings. OFFICER’S REPORT: The Local Government Model provides a Statement of Comprehensive Income, Statement of Financial Position, Statement of Cash Flow and Statement of Changes in Equity for the financial year 2013/14. The Financials are accompanied by an extensive list of notes which describe each item of the statements. The Audit and Finance Committee passed a resolution at its meeting of the 8th of October requesting the financials be presented to the October Ordinary Council Meeting. This is a significant departure from the standard practice of Council’s presenting audit approved financials as part of the Annual Report presented at the Annual General Meeting as required under Section 72 of the Local Government Act 1993. The General Manager has advised that Council can note the financials at the October Ordinary Meeting, but in no way can they be received or approved as such. STATUTORY REQUIREMENT: Local Government Act 1993 Section 72

POLICY/STRATEGIC IMPLICATIONS: 5.0 Corporate, Governance and Intergovernmental Relations BUDGET AND FINANCIAL IMPLICATIONS: Annual Plan – all areas

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RISK/LIABILITY: No foreseen risks or legal obligations identified as a result of the Annual Financial Report as they have been approved and signed off by the Tasmanian Audit Office. VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That the Annual Financial Report for the year ended 30 June 2014 be noted.

DECISION: 915.10.2014 Moved: Cr M Cobham Seconded: Deputy Mayor D Williams That the Annual Financial Report for the year ended 30 June 2014 be noted.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise.

Note: Mayor Carol Cox congratulated and thanked Sophie Pitchford, Corporate Services Manager on behalf of the existing council for getting the report completed and to the Auditors on time. Sophie Pitchford, Corporate Services Manager left the meeting at 3.05pm. Mayor Carol Cox called a break in the meeting at 3.06pm and resumed the meeting at 3.14pm.

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Item B5: Notice of Motion from Deputy Mayor David Williams – Flinders Council Investment Advisory Services Procurement Plan

ACTION Decision PROPONENT Deputy Mayor David Williams OFFICER General Manager, Raoul Harper FILE REFERENCE FIN/0501 ASSOCIATED PAPERS Annexure 11: DRAFT Flinders Council

Investment Advisory Services Procurement Plan

NOTICE OF MOTION: That Council approve the adoption of the draft Flinders Council Investment Advisory Services Procurement Plan. COUNCILLOR’S REPORT The Audit and Finance Special Committee considered that the present return on Council’s cash deposits with banks are not maximising the potential return. Therefore it was considered to be in Council’s interests to select and appoint a fully accredited investment advisor to make formal recommendations to the Council. The draft Flinders Council Investment Advisory Services Procurement Plan (Annexure 11) is designed to enable the Audit and Finance Special Committee to obtain quotes for service from a wide range of substantial and accredited investment advisors with a view to matching formal selection recommendations to the full Council. At the committee’s 8th October meeting, a motion was passed to take the draft Flinders Council Investment Advisory Services Procurement Plan to Council for consideration. PREVIOUS COUNCIL CONSIDERATION: Nil OFFICER’S REPORTS: The motion is supported. STATUTORY REQUIREMENTS: Local Government Act 1993 POLICY/STRATEGIC IMPLICATIONS: 5.0 Corporate Governance and Intergovernmental Relations - decisions are professionally and transparently made, communicated and implemented to achieve defined outcomes in the interest of the community.

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5.1 Support the capacity and productivity of our organisation and a culture of professionalism, compliance, innovation and service.

BUDGET AND FINANCIAL IMPLICATIONS: Nil at this point. RISK/LIABILITY: The Procurement Plan presented is designed to mitigate risk as far as practicable. VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That Council approves the Flinders Council Investment Advisory Services Procurement Plan. DECISION: 916.10.2014 Moved: Deputy Mayor D Williams Seconded: Cr G Willis That Council approve the adoption of the draft Flinders Council Investment Advisory Services Procurement Plan.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise.

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D. GOVERNANCE Item D1: Council’s 1st Quarterly Report

ACTION Information PROPONENT Council Officer OFFICER Raoul Harper, General Manager FILE REFERENCE COU/0600 ASSOCIATED PAPERS Annexure 13: Council’s 1st Quarterly Report

(July - September 2014) INTRODUCTION: The purpose of this report is to provide Councillors with an update of the various actions taken by the whole of Council for the first quarter of the financial year. PREVIOUS COUNCIL CONSIDERATION: Previously provided as a departmental monthly report then departmental quarterly reports. OFFICER’S REPORT: Please read Annexure 13 – Council’s 1st Quarterly Report (July – September 2014). STATUTORY REQUIREMENT: Local Government Act 1993

POLICY/STRATEGIC IMPLICATIONS: 5.0 Corporate Governance and Intergovernmental Relations - decisions are professionally and transparently made, communicated and implemented to achieve defined outcomes in the interest of the community.

5.1 Support the capacity and productivity of our organisation and a culture of professionalism, compliance, innovation and service.

5.1.3 Achieve a sustainable balance of income, investment and recurrent expenditure.

BUDGET AND FINANCIAL IMPLICATIONS: Nil RISK/LIABILITY: No foreseen risks or legal obligations identified as a result of the financial report.

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VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That the Council’s 1st Quarterly Report (July – September 2014) be received and accepted by Council. DECISION: 917.10.2014 Moved: Cr M Cobham Seconded: Cr R Wise That the Council’s 1st Quarterly Report (July – September 2014) be received and accepted by Council.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise.

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Item D2: Councillor Resolution Report

ACTION Information PROPONENT Council Officer OFFICER Raoul Harper, General Manager FILE REFERENCE COU/0600 ASSOCIATED PAPERS Annexure 14: Councillor Resolution Report

October 2014 INTRODUCTION: This report identifies the actions taken and actual costs associated with implementing resolutions passed by elected members up to October 2014. PREVIOUS COUNCIL CONSIDERATION: The report is presented on a monthly basis. OFFICER’S REPORT: Please read Annexure 14 – Councillor Resolution Report October 2014. VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That the Councillor Resolution Report October 2014 be noted. DECISION: 918.10.2014 Moved: Cr G Willis Seconded: Cr M Cobham That the Councillor Resolution Report October 2014 be noted.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise.

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82 Flinders Council Ordinary Meeting Confirmed Minutes 16th October 2014

E. CLOSED CLOUNCIL Item E1 – E5: Closed Council Items

ACTION Decision PROPONENT Council Officer OFFICERS Raoul Harper, General Manager FILE REFERENCE AME/0502, PER/1182, PER/1200 ASSOCIATED PAPERS Annexure 15 & 16: CONFIDENTIAL For Elected

Members only PREVIOUS COUNCIL CONSIDERATION: Nil REASON FOR CLOSED COUNCIL: Item E1, E4 and E5 is CONFIDENTIAL in accordance with Section 15(2) (f) of the Local Government (Meeting Procedures) Regulations 2005, Items E2 and E3 are CONFIDENTIAL in accordance with Section 15(2) (a) of the Local Government (Meeting Procedures) Regulations 2005 and Item E1 is CONFIDENTIAL in accordance with Section 15(2) (f) of the Local Government (Meeting Procedures) Regulations 2005. VOTING REQUIREMENTS Absolute Majority OFFICER’S RECOMMENDATION: That Council move into Closed Council. DECISION: 919.10.2014 Moved: Cr M Cobham Seconded: Cr M Roberts That Council move into Closed Council.

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. Council moved into Closed Session at 3.45pm. Council moved out of Closed Session at 4.22pm.

926.10.2014 Moved: Cr P Rhodes Seconded: Cr G Willis That the discussions and motions passed in Closed Council remain confidential.

Page 83: Agenda Confirmed Minutes Ordinary Council Meeting · Flinders Council Ordinary Meeting Confirmed Minutes 16th October 2014 PUBLIC QUESTION TIME Question 1: David Tresemer Given the

83 Flinders Council Ordinary Meeting Confirmed Minutes 16th October 2014

CARRIED UNANIMOUSLY (7-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. Note: Mayor Carol Cox wished the Councillors all the best for the upcoming elections and thanked Cr Ronald Wise for his contributions to Council and wished him all the best for his future endeavours. Meeting Closed 4.23pm


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