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MINUTES OF THE ORDINARY MEETING OF THE HUON VALLEY COUNCIL HELD ON

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					MINUTES OF THE ORDINARY MEETING OF THE HUON VALLEY COUNCIL HELD ON
   WEDNESDAY 11 NOVEMBER 2009 AT 6.00PM IN THE COUNCIL CHAMBERS,
                            HUONVILLE


1.         ATTENDANCE

Councillors:

Mayor R Armstrong, Councillors B Heron, M Wilson, L Smith, G Doyle, T Duggan,
R Gudden and R Woodruff.

Council Officers:

General Manager G Doyle, Acting Manager Infrastructure Services D Smee, Manager
Planning & Legal Services M Grimsey, Acting Manager Community Services R Bell and
Finance & Records Officer T Hankin

2.         NON ATTENDANCE

           2.1      Apologies                                      Nil
           2.2      Leave of Absence                               Nil
           2.3      Absent                                         Cr Paul

2A.       Tabling of the Certificate of Election

           The General Manager tabled the Certificate of Election

2B.        Acknowledgement of Declarations of Office
           The General Manager tabled the Declarations of Office. Pursuant to section 321(3) of
           the Local Government Act 1993 Council is to acknowledge the making of declarations
           at its meeting and the General Manager is to record that fact in the minutes of the
           meeting.

           2B.001/09
           RESOLVED                                       CR WILSON                             CR HERON

           That Declarations of Office made by Bruce Heron, Mike Wilson, Tony Duggan,
           Rosalie Woodruff and Rohan Gudden for Office of Councillor, by Robert
           Henry Armstrong for Office of Mayor and by Bruce Heron for Office of Deputy
           Mayor be acknowledged.

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
           voted for the motion & no Councillors voted against the motion.

3.         DECLARATION OF INTEREST

           Mayor Armstrong declared an interest in Items 18.045/09, 19.011/09 and 21.026/09.
           Cr Gudden declared an interest in Item 17.067/09.




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         This is PAGE - 831 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
4.         CONFIRMATION OF MINUTES

           4.011/09A
           RESOLVED                             CR DUGGAN                                       CR WILSON

           That the Minutes of the Ordinary Meeting of Tuesday 13 October 2009 as
           circulated be confirmed.

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
           voted for the motion & no Councillors voted against the motion.

           4.011/09B
           RESOLVED                             CR HERON                                        CR WILSON

           That the Minutes of the Special Meeting of Monday 26 October 2009 as
           circulated be confirmed.

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
           voted for the motion & no Councillors voted against the motion.

5.         PUBLIC QUESTION TIME                                                       Nil

6.        DEPUTATION/ADDRESSORS TO COUNCIL                                            Nil

7.        MAYORAL AND COUNCILLOR REPORTS

Mayor Armstrong
17 October   Attended Glen Huon Primary School Fair
18 October   Attended Apple & Salmon Race
19 October   Chaired Economic Development Meeting
20 October   Attended Dover School Wall of Achievement
20 October   Chaired Cygnet Township Committee Meeting
21 October   Attended Carers Launch
26 October   Chaired Special Meeting of Council
29 October   Chaired Burtons Reserve Meeting
04 November Attended Councillor Induction Workshop
06 November Attended Opening of Dover Clubrooms and Naming of Oval
08 November Attended Burtons Reserve Open Day
10 November Attended Dover Town Forum
11 November Chaired Ordinary Meeting of Council

Cr Mike Wilson
16 October    Chaired Franklin Township Development Committee Meeting
19 October    Attended Economic Development Meeting
21 October    Attended Carers Launch
23 October    Attended Meeting with Developer and General Manager re Port Huon
              Development
26 October    Attended Special Meeting of Council
04 November Attended Councillor Induction Workshop
06 November Chaired Franklin Township Development Committee Special Meeting
10 November Attended Dover Township Forum
11 November Attended Ordinary Meeting of Council

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         This is PAGE - 832 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
            7.010/09*
            RESOLVED                             CR GUDDEN                                       CR HERON

            That the Mayoral and Councillor Reports as tabled be received.

      •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
            voted for the motion & no Councillors voted against the motion.

8.          COUNCIL WORKSHOPS

            Council Workshop – 26 October 2009
            Allocation of Second Round Stimulus Package Funding of $140k
            Council Workshop – 4 November 2009
            Councillor Induction Workshop

9.          PETITIONS

            The General Manager tabled a petition requesting Council seal Flakemores
            Road and Craypoint Parade at Eggs & Bacon Bay. There are 78 signatories to
            the Petition.

            9.001/09*
            RESOLVED                             CR GUDDEN                                       CR WILSON

            That the petition on a request to seal Flakemores Road and Craypoint Road at
            Eggs & Bacon Bay be received.

      •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
            voted for the motion & no Councillors voted against the motion.

10.         QUESTIONS ON NOTICE
            CR SMITH

           Q         What is Council’s policy with regard to informing the public about the roles
                     and responsibilities of Councillor’s as portfolio holders?

           A         No formal policy.

                     Practice is to:             Provide detail on the Council’s website and in the
                                                 Council’s Annual Report.

           Q         What is Council’s policy and practice regarding providing information to
                     Councillors about their roles and responsibilities as portfolio holders and
                     assisting them in performing their duties in those roles?

           A         No formal policy.

                     Information on the operation of the portfolio system included in the
                     Councillors induction package.

                     Interactions between the portfolio holder and the General Manager (and
                     more particularly the respective departmental manager) is strongly
                     encouraged.

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          This is PAGE - 833 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
11.         QUESTIONS WITHOUT NOTICE

           Cr Wilson -            Comments from Cr Smith relating to the Council management team

12.         URGENT MATTERS

           Nil

13.         NOTICES OF MOTION

            13.012/09*
            MOTION                               CR SMITH                              CR WOODRUFF

            That Council invite the students of Grade 8 Gold at Huonville High School to
            make a ten minute presentation at the council meeting on December 9, 2009
            on the findings reported in “The Climate is changing – why don’t you?” report
            released in August this year.

      •     Councillors Heron, Smith, & Woodruff voted for the motion & Councillors Armstrong,
            Wilson, Doyle, Duggan & Gudden voted against the motion.

           MOTION LOST




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          This is PAGE - 834 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
 Title                                    OFFICERS REPORTS
 Agenda Number                            14.011/09*
 Strategic Plan Reference                 OA01, OA03, PA02, PA06, SA06, SA09, NA02, NA03, NA04
 File Reference                           12/39
 Author                                   General Manager, Manager Infrastructure Services,
                                          Recreation Officer, Waste Management Officer,
                                          Planning Officer, Building Officer, Environmental Health
                                          Officer, Tourism Development Officer, NRM Officer
 Responsible Officer                      General Manager, Manager Infrastructure Services,
                                          Recreation Officer, Waste Management Officer,
                                          Planning Officer, Building Officer, Environmental Health
                                          Officer, Tourism Development Officer, NRM Officer
 Reporting Brief                          The General Manager presenting reports on behalf of
                                          Council Officers for the month of October 2009.

Report

Reports from the following officers are included in the Attachments to the Reports:

   General Manager
   Manager Infrastructure Services
   Recreation Officer
   Waste Management Officer
   Planning and Building Officers
   Environmental Health Officer
   Tourism Development Officer
   NRM Officer

14.011/09*
RESOLVED                                                CR HERON                              CR DUGGAN

That the reports from the following Council Officers for October 2009 be noted:

   General Manager
   Manager Infrastructure Services
   Recreation Officer
   Waste Management Officer
   Planning and Building Officers
   Environmental Health Officer
   Tourism Development Officer
   NRM Officer

   •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
         voted for the motion & no Councillors voted against the motion.




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       This is PAGE - 835 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Title                                       MEETING TIMES AND ORDINARY MEETINGS OF
                                            COUNCIL DATES 2010
Agenda Number                               15.019/09
Strategic Plan Reference                    OA01
File Reference                              12/29
Author                                      General Manager
Responsible Officer                         General Manager
Reporting Brief                             The General Manager presenting a report on meeting
                                            times and the dates of Council meetings for 2010

Background

Council sets the dates for its ordinary meetings of Council for the following year and is to
review the times of commencement of meetings following an election.

Report

In 2003, the Huon Valley Council resolved to meet on the second Wednesday of each
month, and in line with such the 2010 meetings of Council are scheduled as follows:

          Wednesday         20 January                            Wednesday          14 July
          Wednesday         10 February                           Wednesday          11 August
          Wednesday         10 March                              Wednesday          8 September
          Wednesday         14 April                              Wednesday          13 October
          Wednesday         12 May                                Wednesday          10 November
          Wednesday         9 June                                Wednesday          8 December

The January 2010 meeting is scheduled for the second Wednesday of the month.
However, due to the Christmas Holiday break, it is unlikely that a full complement of
reports will be completed in time for the distribution of the agenda on Friday 8 January
2010. It is therefore recommended to reschedule the January meeting to Wednesday
20 January 2010.

In accordance with the provisions of the Local Government (Meeting Procedures)
Regulations 2005 Council is to review the times of commencement of meetings after an
ordinary election.

Council may meet at any time convenient to Council however if that time is before 5.00pm
then it requires an absolute majority to support the motion.

Council, at its ordinary meeting of 9th November, 2005 resolved to hold meetings at
6:00pm.

Commencement of meetings at 6:00pm is considered to have been successful.

It is not considered to have impacted on the public’s ability to attend Council meetings,
there has not been any adverse feedback received with respect to the 6:00pm time, and
has also provided the opportunity to hold short workshops to follow Council meetings
avoiding, where possible, other nights out for Councillors.


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        This is PAGE - 836 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Accordingly it is recommended that the commencement times for Council meetings be
continued at 6:00pm.

Consultations
Nil
Legislative Requirements
Regulation 4(4) of the Local Government (Meeting Procedures) Regulations 2005 provides
that Council must hold an ordinary meeting at least once in every month.
Under regulation 6 Council is to review the times of commencement of meetings after each
ordinary election. A meeting is not to start before 5pm unless otherwise determined by the
Council by an absolute majority.
Risk Implications
Nil
Council Policy
Council does not have a policy in respect to this matter however, as discussed above, it
has been Council’s practice to hold its ordinary meetings on the second Wednesday of
each month commencing at 6:00pm.
Options
Nil
Human Resource and Financial Implications
Nil
15.019/09
RESOLVED                                         CR WILSON                             CR GUDDEN
That:
a)        The report on the dates of Council meetings for 2010 be received and noted.

b)        The Ordinary meetings of Council dates for 2010 be set as follows:

            Wednesday         20 January                            Wednesday          14 July
            Wednesday         10 February                           Wednesday          11 August
            Wednesday         10 March                              Wednesday          8 September
            Wednesday         14 April                              Wednesday          13 October
            Wednesday         12 May                                Wednesday          10 November
            Wednesday         9 June                                Wednesday          8 December

c)        The commencement time for ordinary meetings of Council be 6:00pm.

      •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
            voted for the motion & no Councillors voted against the motion.



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          This is PAGE - 837 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Title                                       EXECUTIVE COMMITTEE OF COUNCIL
Agenda Number                               15.020/09
Strategic Plan Reference                    OA01
File Reference                              12/55
Author                                      Executive Officer
Responsible Officer                         General Manager
Reporting Brief                             The General Manager presenting a report from the
                                            Executive Officer on the Executive Committee of
                                            Council.

Background

Council at its ordinary meeting of 13 February 2008 by resolution number 15.001/08*
resolved, inter alia:

c)        That the Executive Committee of Council be the Mayor, Deputy Mayor, the Finance
          Portfolio Holder and Cr Heron and the General Manager.

Report

Mayor Armstrong has requested the appointment of the Executive Committee at this time
as he is keen that the Committee participates in the allocation of Councillors portfolios.

Once the Executive Committee allocates Councillor portfolios a report is to be presented to
Council at the December meeting regarding the appointment of various Councillors to a
range of committees and bodies.

Consultations

Consultation has been undertaken with Mayor Robert Armstrong.

Legislative Requirements

Not applicable.

Risk Implications

Provision of an Executive Committee ensures continued dialogue between Councillors and
Management on issues affecting the operation of Council.

Council Policy

Whilst there is no Council Policy regarding the establishment of an Executive Committee it
has proven beneficial in ensuring continued dialogue between Councillors and
Management on issues affecting the operation of Council.



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        This is PAGE - 838 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Options

Not applicable.

Human Resource and Financial Implications

N/A

15.020/09
RESOLVED                                        CR HERON                              CR DOYLE

That:

a)         The report on the Executive Committee of Council be received and noted.

b)         The Executive Committee of Council be the Mayor, Deputy Mayor, Cr Wilson,
           Cr Duggan and the General Manager.

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
           voted for the motion & no Councillors voted against the motion.




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         This is PAGE - 839 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Title                                       COUNCIL INVESTMENTS – COLLATERALISED
                                            DEBT OBLIGATIONS (CDO’s)
Agenda Number                               15.021/09
Strategic Plan Reference                    OA02
File Reference                              10/02
Author                                      General Manager
Responsible Officer                         General Manager
Reporting Brief                             The General Manager presenting a report on Council
                                            investments known as Collateralised Debt Obligations or
                                            CDO’s.

Background

At the September 2009 meeting of Council a report was presented to Council outlining
Council’s investment of $4m in Collaterised Debt Obligations (CDO’s).

The funds invested were as follows:

                       Fund                                Arranger         Type         Purchase
                                                                                          Amount

                       Oasis – Helix Capital Bank    of CDO                            $1,000,000
                       (Jersey) Ltd          America

                       Pure Managed - Corsair             JP Morgan        CDO        $3,000,000
                       (Jersey) No. 2 Ltd


Highlighted in the September report was the fact that the investments had suffered a
number of defaults and that there was a possibility that Council could suffer a loss in
principal on the investments.

Report

Advice has now been received from the Commonwealth Bank that the CIT Group Inc, one
of the United States main lenders to small and medium sized business had filed for
bankruptcy and as such this failure constitutes a default that negatively impacts synthetic
collaterised debt obligations which reference to CIT. This default affects the two CDO
investments held by Council, Oasis ($1m) and Pure ($3m).

In the case of Oasis the default does not result in a loss of capital as the investment can
withstand further defaults before any capital is lost. Currently it can stand defaults of two
entity weightings of 0.5% or one default with an entity weighting of 1% before principal is
lost.

However, the impact on the Pure investment ($3m) where all the entity weightings are at
0.67% is a loss in principal of $229,122. Any future defaults will result in a further loss of
principal where a total of two defaults will fully extinguish the investment.

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Since the report in September 2009 a strongly worded letter was sent to the
Commonwealth Bank. The Bank has since replied denying any liability.

Discussions have also been progressing with a mainland-based legal firm specialising in
this type of litigation. This firm is also advising other Councils in Australia who made
similar investments with the Commonwealth Bank. As part of the process the legal
advisors have conducted interviews with Council officers involved with the investments. At
this point in time further advice is awaited with a report expected to be tabled at the
December 2009 Council Meeting.

As full details of legal actions must be reported in Closed Council, further information
regarding Council’s legal recourse cannot be provided at this time. It should be
understood however that the new Council administration intends to be very proactive in
relation to the recovery of the full value of the principal invested using what ever means
available and necessary.

Future Advice

As agreed previously each monthly meeting of Council will (in open Council) be provided a
summary of the value and performance of the CDO investments as a component of the
financial reports provided.

Consultations

Consultations have taken place with the Council’s senior management team in the
preparation of this report.

Legislative Requirements

Unlike other jurisdictions within Australia, there is no specific legislative requirement for the
Council to provide individualised reporting on its investment portfolio throughout the year.
Certainly there is however, a corporate responsibility for Councillors to be fully aware of
the financial operations of the Council including details of the Council’s investment
portfolio.

Local Governments investment in CDO’s was the subject of a report by the State Auditor –
General to parliament where he stated “that the Council’s had not breached the law” and
“Council’s have not contravened the Local Government Act 1993 which provides broad
investment powers”.

Risk Implications

It is a matter of public record that whilst initially referred to the Council as a sound “AA”
rated investment, the CDO option has proven to have a level of risk which is not
acceptable to the Council.

There remains a significant risk that the Council could suffer further losses on the principal
it has invested, which would result in a most unsatisfactory outcome.



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     This is PAGE - 841 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Council management is now taking legal advice in order that reports can be prepared and
referred to Council authorising action with the aim of mitigating the high level of risk
exposure now identified.

Council Policy

In 2006, when the CDO investments were placed there was full delegation to the Council’s
General Manager for the investment of Council’s funds as detailed in Section 75 of the
Local Government Act 1993.

As a consequence of the notification of the impairment of the value of the Council’s CDO
portfolio the Council has implemented a policy to provide guidance for the future
investment of Council funds

Human Resource and Financial Implications

As detailed elsewhere in this report the impairment and potential loss of the value of the
CDO investments offers a substantial and critical financial blow to the Council.

This report provides detail on the Council’s capacity to withstand a “worst case scenario”,
however the loss would be of a magnitude which is considered unacceptable.

Given the circumstances, investigations and actions are now being progressed to avoid
such losses being incurred.

15.021/09
RESOLVED                                        CR HERON                              CR WILSON

That:

a)         The report on the Council’s Collateralised Debt Obligation (CDO) investments
           be received and noted.

b)         The General Manager continue to investigate all means of recovery to the
           Council of any losses incurred in respect of the lodgement of the CDO
           Investments with the Commonwealth Bank.

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
           voted for the motion & no Councillors voted against the motion.




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         This is PAGE - 842 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Title                                       BUDGET REVIEW 31 OCTOBER 2009
Agenda Number                               16.010/09*
Strategic Plan Reference                    OA02
File Reference                              10/14
Author                                      Manager Corporate Services
Responsible Officer                         Manager Corporate Services
Reporting Brief                             The Manager Corporate Services presenting a report on
                                            the review of budget as at 31 October 2009.

Background

Council approved the budget for 2009/2010 in June 2009, and a budget status report as at
31 October 2009 has been collated addressing issues that have arisen since the budget
was originally approved.

The report initially looks at the financial performance over the following areas:

          •   General Rate Activities
                o Income
                o Expenditure

          •   Services & Undertakings Activities

          •   Capital Works
                o Federal Assistance Grants
                o Capital Works Report 26 October 2009
                o Port Huon Sub-Division
                o Walking Tracks

In addition, the consideration of the following issues impacting on the Council’s financial
position:

          •   Stimulus package

          •   Landslips

          •   Plant account

          •   Carried forward reserves as at 30 June 2009

Report

This report is an assessment of Council financial performance against budget as at
31 October 2009. The report is based on the Financial Statement as at 31 October 2009, a
copy of which is included as an Attachment to the Reports.



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•   General Rate
    The following table is a summary of General Rate activities as at 31 October 2009.

                                                                           % year to           %
                       Actual              Budget              %           date                variance

       Income          $3,298,568.38       $9,438,655.00       34.95%      33.33%              1.61%

       Expenditure     $2,710,260.49       $9,438,655.00       28.71%      33.33%              -4.62%

    o Income
      Overall income is constant with the percentage of the year gone. Some areas of
      income are subject to timing issues (such as dog and food premises licences)
      where the funds are received at the beginning of the year whilst, in other areas the
      income is received continually throughout the year. From the financial statement,
      fees for building, planning and waste management are fairly consistent with budget
      estimates.

    o Expenditure
      Overall the programs funded from the general rate are within estimates after the
      first four months of the year. The roads maintenance budget is on target. This is
      important as the roads maintenance allocation constitutes 24% of the total general
      rate budget and can have a major impact if not carefully managed.

•   Services and Undertakings
    The following table is a summary of Services and Undertaking activities as at
    31 October 2009

                                                                           % year to           %
                       Actual              Budget              %           date                variance

       Income          $1,614,618.29       $6,273,802.00       25.74%      33.33%              -7.60%

       Expenditure     $1,420,027.13       $6,273,802.00       22.63%      33.33%              -10.70%

    From the table it can be noted that both the income and expenditure are down on the
    estimates as at 31 October 2009. The major factor influencing this level of activity is
    the Multi Purpose Health Centre where income is at 14% and expenditure 7%. As at
    31 October 2009 the financial arrangements for the financial year with the State have
    not been finalised.

    An area of concern is Youth Services where the original budget was predicated on the
    receipt of $64,453 from the Commonwealth for the year. Advice has been received
    that our funding will not be extended beyond 31 December 2009. This decision leaves
    the program $25,000 short in funding. The consequences for Council are to either fund
    the shortfall from other programs or curtail expenditure to match the funding.

    It is recommended that a reserve of $25,000 be created from brought forward reserves
    to fund the shortfall for 2009/2010.




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     This is PAGE - 844 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
•   Capital Works
    The Capital works budget was developed in June 2009 and since that time there have
    been changes to funding levels and costs which require Council to reassess some of
    the programs.

    o Federal Assistance Grants
      The original capital works budget was predicated on receipt of $2,814,546 in
      Federal Assistance Grants. Advice has since been received that the actual
      allocation for the year is $2,772,247, (a reduction of $42,299).

          So as to honour the current years allocations and works program, it is proposed to
          deficit fund the program and take up the shortfall in 2010/2011.

    o Capital Works Report 26 October 2009
      Council, (at the Special Meeting of 26 October 2009), approved the revision of the
      road program for 2009/2010. Council’s decision resulted in the deferment of the
      stabilisation and sealing of 1km of Lonnavale Road as the funds available were
      insufficient to complete the job. As a consequence the remaining funds available
      will be used to perform preparatory work on Lonnavale Road to enable the project
      to be progressed in the 2010/2011 financial year.

    o Port Huon Sub-Division
      In the original capital works budget an amount of $55,000 was allocated towards
      road and stormwater works at a subdivision at Port Huon (Raymond Subdivision)
      (refer to report from Acting Infrastructure Manager).

          A revision of the estimate has been conducted and it has been concluded that in
          order for Council to complete the works to the level required would involve
          allocation of a further $32,500.

    o Walking Tracks
      The overall cost of walking track construction has increased due to the need to
      construct board walks over some areas (Skinners Creek) where previously a gravel
      track was considered to be adequate.

          It is recommended that the resulting increase in costs estimated of $66,000 be
          funded out of public open space funding as the track work meets the criteria for
          Public Open Space expenditure.

•   Stimulus Package ($140,000)
    Council has been allocated a further $140,000 under the Regional and Local
    Community Infrastructure Program. Projects identified for consideration are as follows:

    •     Cygnet Caravan Park                                     $ 20,000
    •     Judbury Park Kayak Platform                             $ 15,000
    •     Shipwrights Point Regatta Ground                        $ 20,000
    •     Cygnet Oval Boundary Fence                              $ 20,000
    •     Huonville Foreshore Master Plan                         $ 65,000
                                    Total                         $140,000

    For further details refer to report of the Acting Manager Community Services

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        This is PAGE - 845 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
•   Landslips
    As a result of the impact of the weather in recent months Council roads have been
    subjected to a large number of landslips. As detailed in the report tabled by the Acting
    Manager Infrastructure Services, an assessment of the damage and cost of remedial
    action identifies the allocation of $400,000 to correct the situation. Council, as part of
    the original allocation of capital works, allocated $100,000 to landslips. Therefore, to
    fund the total cost of replacement Council has the option of either deferring further
    projects already approved (and announced) or the allocation of the reserve funds
    (carried forward from 2008/2009).

    It is recommended that the shortfall of $300,000 be funded from reserves carried
    forward.

•   Plant account
    As discussed at the Council workshop held 29 September 2009, a review has been
    undertaken on the suitability and sustainability of the Council’s plant and vehicle fleet.
    As at 30 June 2009, the gross asset value of the plant and vehicle fleet was $4.8m with
    a written down value of $2.2m. The written down value is a fair reflection of the true
    state of Council’s plant and vehicle fleet which is now only valued at 45% of its original
    value.

    In order for Council to fully maintain its fleet to the level required an injection of
    $800,000 is required. Such an allocation will enable the replacement of plant to bring
    the plant up to an acceptable standard. As part of the review an internal plant policy
    has been developed which sets out the replacement criteria which when applied will
    ensure that after the initial catch up, the plant account will be self-sustaining into the
    future.

    It is therefore recommended that an amount of $800,000 be allocated from brought
    forward reserves to upgrade Council plant and vehicle fleet.

•   Carried Forward Reserves 30 June 2009
    At the Council workshop on the 29 September 2009, Council discussed in detail draft
    carried forward reserves.

    As the audit of the Council’s accounts has now been finalised for the financial year it is
    appropriate for Council to formalise approval of the allocation of the reserves carried
    forward. Contained within the audited financial statements for 2009/2009 is an amount
    of $11,641,148 in reserves. The majority of the reserves are a result of current project
    commitments not completed as at 30 June 2009.

    As reported previously, the Council currently has CDO investments totalling $4m,
    which have been under extreme pressure and whilst Council has not lost any capital at
    this point in time there is a real possibility that capital could be lost during the rest of the
    term of the investments.

    It is recommended to Council that an amount of $4m be quarantined for the duration of
    the investments to cover any potential loss which could occur.

    The Federal Government has formulated a policy requiring all Local Government’s
    throughout Australia to prepare long term asset management and financial plans by 31
    December 2010. This planning is already underway and will enable Council to
    ascertain the extent of the infrastructure assets they have to maintain and to establish
    the long term sustainability.
                                                                                                     th
      This is PAGE - 846 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
It is recommended that funding of $903,000 be retained to enable Council to address
the long term infrastructure requirements which will emanate out of the asset
management plans.

The individual list of reserves is as follows:

             Carried Forward Reserves as at 30 June 2009                                      $
             Computer/Asset Management System                                                125,000
             Municipal Valuation                                                              75,657
             Planning Scheme                                                                  71,494
             Environmental Management – Land Care Support                                     37,149
             NRM Facilitator                                                                  21,862
             Vegetation Offsets                                                                3,458
             Brand Implementation                                                             21,812
             Area Promotion                                                                   50,000
             Council Elections                                                                28,051
             Strategic Plan                                                                   20,000
             Public Open Space                                                               569,704
             Geeveston Medical Centre - Building                                            -112,500
             Dover Medical Practice                                                          146,246
             Economic Development                                                             98,563
             Seniors Recovery                                                                 10,042
             Independent Living Units                                                        381,310
             MPHC Capital                                                                    317,196
             Rural & Remote Area – Dover Upgrade                                             163,468
             Dover Sports Centre Funds                                                      -107,041
             Community Grants                                                                  1,899
             Marine Facilities                                                                59,355
             Walking Track Strategy                                                           65,618
             Huonville Main Street – Toilet                                                   19,027
             Huonville Foreshore Walkway Implementation Plan                                  -9,801
             Huon Valley Recreation Plan                                                       7,629
             Dover Foreshore                                                                  72,180
             Dover Walkway – Near Hotel                                                       35,000
             Judbury Community Centre                                                        216,882
             Youth Initiatives                                                                37,486
             Youth Links – Replacement Reserve                                                25,000
             Gearing Up                                                                       15,547
             Stencil Art                                                                         530
             Young Mums                                                                        8,730
             Mental Health First Aid                                                             274
             Blood Borne Virus                                                                   761
             Youth Health – RHS Funding C/F                                                   15,542
             Youth Activities - DEEWR (817)                                                      513
             Geeveston Childcare Centre – Upgrade                                            113,186
             Geeveston Childcare Centre – Operational Funding                                 11,299
             Cygnet Sports Centre – Weight Room                                               70,000
             Key System Upgrade                                                               10,827
             Huon Stronger Communities (Bus Shelters)                                          2,399


                                                                                                 th
  This is PAGE - 847 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
           Carried Forward Reserves as at 30 June 2009                                    $
           Playground Strategy Development                                                 8,854
           Playground Strategy – Shipwrights Point                                         9,191
           Playground Strategy – Kent Beach Road                                          15,000
           Toilets Strategy                                                               34,179
           Geeveston Forest Workers Memorial                                               4,637
           Huonville Recreation Area                                                      18,092
           Ranelagh Recreation Area                                                        2,099
           Geeveston Recreation Area                                                       2,345
           Cygnet Recreation Area                                                          8,156
           Burtons Reserve                                                                 2,718
           Bus Shelters                                                                    5,173
           Huonville Childcare Car Park – Exit/Entry and Car Park                         10,688
           Franklin – Sealing of Gravel Area (Stone Wall)                                 25,000
           Palais Theatre – Upgrade                                                       60,000
           Surges Bay Public Toilet                                                       49,963
           Cygnet Town Hall – Kitchen Upgrade                                             10,000
           Dover Foreshore Master Plan (Toilet Block)                                    120,000
           Glen Huon Cenotaph                                                              2,000
           SES Building                                                                  -38,489
           SES                                                                             6,495
           Refuse Sites -                                                                 52,604
           Road Construction – Surveyors Bay                                             152,055
           Lymington Road Footpath                                                        15,012
           Southport – Footpath                                                           50,000
           Heron Street – Footpath Concrete – To Cenotaph                                 76,309
           Knights Road to Gardenia Drive                                                 84,650
           Sale Street – Upgrade Design                                                   25,000
           Franklin Car Park                                                               7,840
           Streetscape – Huonville                                                         1,382
           Streetscape – Cygnet                                                           13,328
           Streetscape – Franklin                                                          4,875
           Streetscape – Geeveston                                                        14,054
           Streetscape – Dover                                                             9,983
           Road Reseal                                                                    37,158
           Bridges                                                                       121,819
           Federal Assistance Grant 09/10 in Advance                                     737,295
           Huonville Flood Mapping                                                       -33,753
           Huon Valley Evacuation Plan                                                    -3,468
           Asset Replacement Reserve                                                     903,000
           Transfer to Plant Account                                                     800,000
           CDO Default Reserve                                                         4,000,000
           Emergency Works                                                               250,000
           Landslips                                                                     300,000
           Accommodation Reserve                                                         583,578
           Redundancies                                                                  200,000
           Stormwater Huonville                                                          180,970
           Total Reserves                                                            $11,641,148

                                                                                               th
This is PAGE - 848 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
It can be noted that four allocations are in deficit. These accounts are awaiting
reimbursement from either asset sales or external funding committed.

Legislative Requirements

Section 82 of the Local Government Act 1993 gives Council the power to amend
estimates.

16.010/09*
RESOLVED                                    CR HERON                              CR WILSON

That:

a)      The report detailing the review of budget as at 31 October 2009 be received
        and noted.

b)      The shortfall in 2009/2010 for Youth Service program funding be provided by
        the allocation of a $25,000 reserve.

c)      The shortfalls identified in capital works allocations be noted and shortfalls
        identified as a result of the reduction of $42,000 in Federal Assistance Grants
        and the additional $32,500 required for sub-divisional works at Port Huon be
        deficit funded with allocations being provided in the 2010/2011 budget.

d)      The shortfall in funding for Walking Tracks of $66,000 be funded from Public
        Open Space contributions.

e)      The following allocation of Council’s cash reserves as at 30 June 2009 be
        approved.

                                                                                                 $
                Computer/Asset Management System                                                125,000
                Municipal Valuation                                                              75,657
                Planning Scheme                                                                  71,494
                Environmental Management – Land Care Support                                     37,149
                NRM Facilitator                                                                  21,862
                Vegetation Offsets                                                                 3,458
                Brand Implementation                                                             21,812
                Area Promotion                                                                   50,000
                Council Elections                                                                28,051
                Strategic Plan                                                                   20,000
                Public Open Space                                                               569,704
                Geeveston Medical Centre - Building                                            -112,500
                Dover Medical Practice                                                          146,246
                Economic Development                                                             98,563
                Seniors Recovery                                                                 10,042
                Independent Living Units                                                        381,310
                MPHC Capital                                                                    317,196
                Rural & Remote Area – Dover Upgrade                                             163,468



                                                                                                    th
     This is PAGE - 849 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
                                                                                            $
           Dover Sports Centre Funds                                                      -107,041
           Community Grants                                                                   1,899
           Marine Facilities                                                                59,355
           Walking Track Strategy                                                           65,618
           Huonville Main Street – Toilet                                                   19,027
           Huonville Foreshore Walkway Implementation Plan                                  -9,801
           Huon Valley Recreation Plan                                                        7,629
           Dover Foreshore                                                                  72,180
           Dover Walkway – Near Hotel                                                       35,000
           Judbury Community Centre                                                        216,882
           Youth Initiatives                                                                37,486
           Youth Links – Replacement Reserve                                                25,000
           Gearing Up                                                                       15,547
           Stencil Art                                                                          530
           Young Mums                                                                         8,730
           Mental Health First Aid                                                              274
           Blood Borne Virus                                                                    761
           Youth Health – RHS Funding C/F                                                   15,542
           Youth Activities - DEEWR (817)                                                       513
           Geeveston Childcare Centre – Upgrade                                            113,186
           Geeveston Childcare Centre – Operational Funding                                 11,299
           Cygnet Sports Centre – Weight Room                                               70,000
           Key System Upgrade                                                               10,827
           Huon Stronger Communities (Bus Shelters)                                           2,399
           Playground Strategy Development                                                   8,854
           Playground Strategy – Shipwrights Point                                            9,191
           Playground Strategy – Kent Beach Road                                            15,000
           Toilets Strategy                                                                 34,179
           Geeveston Forest Workers Memorial                                                  4,637
           Huonville Recreation Area                                                        18,092
           Ranelagh Recreation Area                                                           2,099
           Geeveston Recreation Area                                                          2,345
           Cygnet Recreation Area                                                             8,156
           Burtons Reserve                                                                    2,718
           Bus Shelters                                                                      5,173
           Huonville Childcare Car Park – Exit/Entry and Car Park                           10,688
           Franklin – Sealing of Gravel Area (Stone Wall)                                   25,000
           Palais Theatre – Upgrade                                                         60,000
           Surges Bay Public Toilet                                                         49,963
           Cygnet Town Hall – Kitchen Upgrade                                               10,000
           Dover Foreshore Master Plan (Toilet Block)                                      120,000
           Glen Huon Cenotaph                                                                 2,000
           SES Building                                                                    -38,489
           SES                                                                                6,495
           Refuse Sites -                                                                   52,604
           Road Construction – Surveyors Bay                                               152,055
           Lymington Road Footpath                                                          15,012

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This is PAGE - 850 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
                                                                                              $
               Southport – Footpath                                                           50,000
               Heron Street – Footpath Concrete – To Cenotaph                                 76,309
               Knights Road to Gardenia Drive                                                 84,650
               Sale Street – Upgrade Design                                                   25,000
               Franklin Car Park                                                               7,840
               Streetscape – Huonville                                                          1,382
               Streetscape – Cygnet                                                           13,328
               Streetscape – Franklin                                                          4,875
               Streetscape – Geeveston                                                        14,054
               Streetscape – Dover                                                              9,983
               Road Reseal                                                                    37,158
               Bridges                                                                       121,819
               Federal Assistance Grant 09/10 in Advance                                     737,295
               Huonville Flood Mapping                                                       -33,753
               Huon Valley Evacuation Plan                                                    -3,468
               Asset Replacement Reserve                                                     903,000
               Transfer to Plant Account                                                     800,000
               CDO Default Reserve                                                         4,000,000
               Emergency Works                                                               250,000
               Landslips                                                                     300,000
               Accommodation Reserve                                                         583,578
               Redundancies                                                                  200,000
               Stormwater Huonville                                                          180,970
               Total Reserves                                                            $11,641,148

•     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
      voted for the motion & no Councillors voted against the motion.




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    This is PAGE - 851 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Title                                       DOVER TOWNSHIP DEVELOPMENT COMMITTEE
Agenda Number                               17.062/09*
Strategic Plan Reference                    PA02
File Reference                              05/168
Author                                      Community Liaison Officer
Responsible Officer                         Community Liaison Officer
Reporting Brief                             Acting Manager Community Services presenting a
                                            report from the Community Liaison Officer on the Dover
                                            Township Development Committee meeting held
                                            12 October 2009.

Report

The Dover Township Development Committee held a meeting at the Esperance Multi
Purpose Health Centre on Monday 12 October 2009. A copy of the minutes of the
meeting is included with the Attachments to the Reports.

17.062/09*
RESOLVED                                       CR DOYLE                              CR DUGGAN

That the Minutes of the meeting of the Dover Township Development Committee
held on Monday 12 October 2009 be received and noted.

   •      Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
          voted for the motion & no Councillors voted against the motion.




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        This is PAGE - 852 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Title                                       FRANKLIN TOWNSHIP DEVELOPMENT COMMITTEE
Agenda Number                               17.063/09*
Strategic Plan Reference                    PA02
File Reference                              05/167
Author                                      Community Liaison Officer
Responsible Officer                         Community Liaison Officer
Reporting Brief                             Acting Manager Community Services presenting a
                                            report from the Community Liaison Officer on the
                                            Franklin Township Development Committee meeting
                                            held 16 October 2009.

Background

The Franklin Township Development Committee held a meeting at the Palais Theatre on
Friday 16 October 2009 at 10am, a copy of the minutes of the meeting is included with the
Attachments to the Reports.

Report

The Committee previously agreed to formalise the car park area in front of the stone wall
and Council allocated $25,000 from the 2008/2009 budget to fund the project. However
the Department of Infrastructure, Energy and Resources (DIER) has now advised that
formalisation of the area will necessitate the repositioning of the stone wall.

The Committee is strongly opposed to interfering with the wall and, for that reason, has
now agreed that the car park area should remain informal. The Committee would like to
see the funds transferred to the northern town entrance, where plans are underway for the
construction of a viewing platform and formal visitor car park, in accordance with DIER
regulations.

Investigations were undertaken to identify parcels of Crown Land along the Franklin
Foreshore not currently leased or licensed. The following areas were identified as being
important public space:

   •      Behind the Service Station (part of the informal camping area)

   •      North Franklin - STEPS has some parts leased here

   •      Roadway in front of the Bowls Club (further investigations are underway)

The ease at which members of the public can make private agreements with the Crown to
lease public land along the foreshore has been an ongoing concern for the group. The
Committee wants to ensure that the parcels of land identified remain public and to that end
is requesting that Council enter into a formal lease with Crown Land Services over the
area.



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        This is PAGE - 853 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
17.063/09*
RESOLVED                                        CR WILSON                             CR DOYLE

That:

a)         The Minutes of the meeting of the Franklin Township Development Committee
           held on Friday 16 October 2009 be received and noted.

b)         The parking area in front of the rock wall be upgraded with gravel as required
           and funds of $25,000 previously allocated to the project be transferred to the
           Northern town entrance.

c)         Council proceeds to apply for a license over the following areas of
           unallocated Crown Land on the Huon river foreshore in Franklin.

          (i)       PID 2172316, adjacent to the Franklin Service Station which takes in
                    much of the informal camping area: and

           (ii)     Part of PID 7887783, the river foreshore extending from the area leased
                    by STEPS in the south and the area licensed by Eldercare in the north.

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
           voted for the motion & no Councillors voted against the motion.




                                                                                                        th
         This is PAGE - 854 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Title                                       WIRED FOR HEALTH 2009
Agenda Number                               17.064/09
Strategic Plan Reference                    SA03
File Reference                              31/59
Author                                      Youth Health Officer
Responsible Officer                         Youth Health Officer
Reporting Brief                             Acting Manager Community Services presenting a
                                            report from the Youth Health Officer detailing the
                                            outcomes of the Wired for Health Program.

Background

Wired for Health is an interactive health program that has been implemented in partnership
with the Huon Valley Community Health Centre for the past five years. The health days
offer students the opportunity to participate in a range of workshops that include dental
health, physiotherapy, diet and nutrition, safe partying and sexual health. Since its
inception the program has developed into a comprehensive and informative health day for
year nine students in the Huon Valley and has become annual feature on Council’s Youth
Service calendar.

Wired for Health is based on the understanding and recognition that young people entering
adolescence is a significant period of development both physically and mentally. During
this time young people also begin to make the shift from dependent to independent and
begin to take on a greater responsibility for their actions and behaviour.

In addition young people begin to experiment and explore and challenge boundaries often
putting young people in precarious situations particularly in regard to their physical and
mental health. The aim of the Wired for Health day is to allow young people to start
thinking about the choices they make and how these choices impact on their health. A
young person’s ability to achieve good health is reliant on the opportunities they have to
obtain accurate information, access to health services and the acquisition of skills that
assist young people with communication to achieve better health outcomes.

Report

Working in partnership the Council’s Youth Health Officer and the Huon Valley Health and
Community Centre undertook planning and development of ‘Wired for Health.’ Staff were
keen to emulate the successful outcomes achieved from the previous ‘Wired for Health’
days.

In total 175 young men and women participated in the Wired for Health program for 2009,
taking part in a wide variety of activities that promote better physical and mental health
outcomes.

‘Wired for Health’ is implemented to provide participants with accurate information and the
opportunity to acquire health protecting skills and practices.


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        This is PAGE - 855 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
A number of factors contributed to the overall success of this day, including:

   o Working within a collaborative partnership meant skills, knowledge and resources
     could be shared and utilised.

   o Providing participants with ‘hands on’ interactive activities continues to be an
     engaging and effective approach to working with young people.

   o Implementing a comprehensive group agreement that all participants and staff
     agreed to work within ensured that a safe and supportive environment was fostered.

   o Providing students with a show bag containing relevant literature and resources
     ensured that students could follow up the event with further reading or establish
     contact with the relevant services and organisations.

All of the staff and services involved in organising the Wired for Health days agree that
young people really benefit from the day and look forward to continuing to offer this
opportunity in consecutive years.

17.064/09
RESOLVED                                      CR HERON                              CR GUDDEN

That the report on the outcomes of the 2009 Wired for Health program be received
and noted.

   •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
         voted for the motion & no Councillors voted against the motion.




                                                                                                      th
       This is PAGE - 856 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Title                                       SERVICE PROVIDER DEED BETWEEN NRM SOUTH
                                            AND HUON VALLEY COUNCIL – HUON
                                            CATCHMENT ENGAGEMENT AND COORDINATION
Agenda Number                               17.065/09*
Strategic Plan Reference                    NA01, NA02
File Reference                              02/48
Author                                      The NRM Coordinator
Responsible Officer                         The NRM Coordinator
Reporting Brief                             The Acting Manager Community Services presenting a
                                            report from the NRM Coordinator on the Service
                                            Provider Deed between NRM South and the Huon
                                            Valley Council – Huon Catchment Engagement and
                                            Coordination.

Background

NRM South is a regional non government organisation (NGO) that was established under
the Natural Resource Management Act 2002. This organisation was set up to implement
the Regional NRM Strategy and to deliver funding from the Australian Government to
stakeholders.

The Council has received funding for several projects over the past three years from NRM
South. In the past twelve months Council has been funded to deliver a Property
Management Planning (PMP) Project and on-ground works in the Mountain River area.
These projects have collectively been named the Huon Catchment Engagement and
Coordination Project (HCEC).

The deed which requires signing is the document that effectively guarantees Council
funding to continue to pay the NRM Project officer’s wages so that these projects can
continue to be coordinated. A copy of the Deed is included as an Attachment to the
Reports.

Report

NRM South committed funding for coordination of the HCEC project in August 2008.
A Deed was signed between the two co investors and the funding has previously been
used to pay the wages of two part time staff members. It was determined at that stage
that funding for on ground works and training workshops would be paid directly by NRM
South. The original Deed expired on 1 July.

This most recent Deed will allow continued employment of a project officer in order to
continue implementation of on ground works and delivery of the PMP Project. The funding
allocation that NRM South will contribute for this financial year 2009-2010 is $40,000 for
wages. NRM South has committed a further $70,000 for on ground works. A commitment
has been given that NRM South will invest in the Huon Valley for at least the next three
years depending on Australian Government funding availability. This funding will be re-
negotiated each year.

                                                                                                       th
        This is PAGE - 857 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Consultations

The NRM Coordinator consulted with NRM South at the development stage of this project.
Once funding was granted consultations were carried out with staff from the former
Department of Primary Industries Water and Environment, Fruit Growers Tasmania and all
landholders who have been involved in the project.

Delivery of workshops has been though Serve Ag, Rural Development Services and
Agricultural Resource Management, each of these agencies were approached during the
development of the project.

Legislative Requirements

There are no legal ramifications for not signing the Deed, although without this funding the
NRM Project Officer position will no longer exist.

The Deed sets down a range of criteria around performing the project, compliance with
relevant laws, compliance with grant conditions and the use of information and data.

The Deed is a standard document which aims to protect both parties and ensures that the
projects objectives are met.

Risk Implications

If the Deed is not signed then coordination of the HCEC project will end and on ground
works that have begun will cease. This will be cause for concern for the landholders who
have works in progress on their properties. PMP will effectively end and participants will
be disappointed. The risk is that Council will appear to have not fully completed the
project leaving on ground works such as re-vegetation and willow treatment unfinished.

If the Deed is signed and Council does not carry out the project in accordance with the
Deed then the Deed will be terminated and NRM South will be entitled to recover any
funds that have been allocated.

Council Policy

Council has previously supported a partnership with NRM South to implement the HCEC
project. This project will assist in meeting some of the actions outlined in the Huon Valley
Weed Management Strategy which has previously been endorsed by Council.

Human Resource and Financial Implications

If the Deed is signed Council will be committed to continuing to employ the NRM Project
Officer. Resources such as office space etc have previously been allocated to this
position.




                                                                                                    th
     This is PAGE - 858 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
17.065/09*
RESOLVED                                        CR WILSON                             CR DUGGAN

That:

a)         The report on the Service Provider Deed between NRM South and the Huon
           Valley Council – Huon Catchment Engagement and Coordination be received
           and noted.

b)         That the General Manager be authorised to sign the Service Provider Deed
           between Huon Valley Council and NRM South for the Huon Catchment
           Engagement and Coordination Project, dated July 2009.

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
           voted for the motion & no Councillors voted against the motion.




                                                                                                        th
         This is PAGE - 859 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Title                                       SHIPWRIGHTS POINT MASTER PLAN AMENDMENT
Agenda Number                               17.066/09*
Strategic Plan Reference                    SA04
File Reference                              22/291
Author                                      Acting Manager Community Services
Responsible Officer                         Manager Community Services
Reporting Brief                             Acting Manager Community Services presenting a
                                            report on the Shipwrights Point Master Plan
                                            amendments.

Background

Council endorsed the Shipwrights Point Master Plan on 8 July 2009.

Recommendation 7, section 2.3.3 of the Master Plan reads as follows:

“Prevent motorists using the informal entry points off the highway to the slipway/Huon
Aquaculture site. This may be achieved by blocking entry with large rocks or other
barriers, and rehabilitation of vegetation.”

Section 2.2.2 of the Master Plan reads as follows:

“The existing slip way is located on land owned by Huon Aquaculture, but the equipment is
owned by the Yacht Club”

Council received correspondence from Huon Aquaculture’s legal representative, raising
legitimate concerns with the plans to block the informal access way or “link road” onto the
Huon Highway. The correspondence also pointed out that the master plan incorrectly
suggests that the existing slipway is located on land owned by Huon Aquaculture, when in
actual fact it is located on Crown Land.

Huon Aquaculture is requesting that the Shipwrights Point Master Plan be amended to
reflect that the link road is retained and that that the slipway is located on Crown Land,
leased by Huon Aquaculture.

Report

An inspection of the site has confirmed that the road plays an important role in allowing
heavy vehicles to safely access and egress the Port Huon Wharf area and that closure of
this road would severely impede traffic movement.

The Friends of Shipwrights Point Regatta Ground Association has been contacted in
relation to this matter and the group has advised that it does not advocate the closure of
the slip road, pointing out that road is outside the boundary of the Shipwrights Point
Regatta Grounds. The group acknowledges the need for access points to meet the
requirements of all users.


                                                                                                       th
        This is PAGE - 860 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Authors of the plan (Inspiring Place) have advised that they were not aware, at the time of
preparing the master plan, that the road was required by Huon Aquaculture and that it
played a role in allowing heavy vehicles access to the site. They further advised that the
suggestion to close the link road was not an integral part of the plan and its continued use
would not detract from the activities or enjoyment of the open space area in any way.

Inspiring Place has amended the wording of the plan to reflect that:

(a)         the existing slipway road should remain open to facilitate heavy vehicle movements
            to the company site; and
(b)         the slipway is located on Crown Land and leased to Huon Aquaculture.

Consultations

Consultation has been undertaken with Huon Aquaculture, Friends of Shipwrights Point
and Inspiring Place via written correspondence.

Risk Implications

The existing link road provides safe access and egress to the site. Closing this road would
greatly restrict traffic movements to the site and could potentially cause a traffic hazard on
the Huon Highway.

Council Policy

Council endorsed the Shipwrights Point Master Plan on 8 July 2009.

Human Resource and Financial Implications

Inspiring Place has agreed to amend the Master Plan at no cost to Council.

17.066/09*
RESOLVED                                         CR HERON                              CR SMITH

That:

a)          The report on the Shipwrights Point Master Plan amendments be received
            and noted.

b)          Council endorses the amendments to the Shipwrights Point Master Plan,
            dated October 2009 by excluding reference to the roadway providing access
            to the Port Huon Wharf.

      •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
            voted for the motion & no Councillors voted against the motion.




                                                                                                         th
          This is PAGE - 861 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Cr Gudden declared an interest and left the meeting at 6.43pm

Title                                       REGIONAL AND LOCAL COMMUNITY
                                            INFRASTRUCTURE PROGRAM ROUND TWO
Agenda Number                               17.067/09
Strategic Plan Reference                    SA04
File Reference                              22/14
Author                                      Acting Manager Community Services
Responsible Officer                         Acting Manager Community Services
Reporting Brief                             The Acting Manager Community Services presenting a
                                            report on the Regional and Local Community
                                            Infrastructure Program.

Background

The Federal Government has opened Round Two of the Regional and Local Community
Infrastructure Program (RLCIP), worth $220 million.


Local governments will be able to access the $220 million as follows:

•         RLCIP $100 million to be shared between all councils and shires, based upon a
          submission of eligible projects. Submissions close on 20 November 2009;
•         RLCIP $120 million for larger Strategic Projects allocated on a competitive basis.
          Applications for this competitive funding are due by 15 January 2010.


Funds under the RLCIP $100 million will again be provided directly to councils as a one-off
payment to spend on projects such as:

•         social and cultural infrastructure (e.g. art spaces, gardens);
•         recreational facilities (e.g. swimming pools, sports stadiums);
•         tourism infrastructure (e.g. walkways, tourism information centres);
•         children, youth and seniors facilities (e.g. playgroup centres, senior citizens’
          centres);
•         access facilities (e.g. boat ramps, footbridges); and
•         environmental initiatives (e.g. drain and sewerage upgrades, recycling plants).

The Huon Valley Council has been allocated $140,000. Eligible projects must be ready to
begin construction within three months of signing the funding agreement and projects must
be fully expended by 31 December 2010. Local governments are responsible for
community consultation and determining the priority given to potential infrastructure
projects within their jurisdictions.




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Report

In relation to the $140,000 allocation, and as discussed at the workshop held on
26 October 2009, the following projects have been identified as meeting the criteria for
funding and are able to be completed by 31 December 2010.

1.     Cygnet Holiday Park                                                                  $20,000

       The Cygnet Holiday Park provides much needed camping facilities for visitors and
       seasonal workers in the area. There have been very little improvements made in
       past and some urgent upgrading works are now needed in order to make the
       facilities serviceable. Funds of $20,000 would fund the following work:

                                                           •    Upgrade the galvanised waterline which is
                                                                badly corroded and is no longer feeding
                                                                water to the amenities block.
                                                           •    Upgrade the faulty under-ground power
                                                                line to site 8.
                                                           •    Develop 2 new powered sites to
                                                                accommodate increased demand.
                                                           •    Upgrade safety railing on the entrance
                                                                bridge




2.     Judbury Kayak Platform                                                               $15,000

       There are a growing number of people accessing the Huon River for recreational
       pursuits such as canoeing and kayaking but safe public access, upstream of
       Huonville, is very limited. Judbury is an ideal location for a public facility as it could
       provide safe land access for people travelling from areas such as Tahune or act as
       an ideal launching site for people wanting to venture further downstream towards
       Huonville.

                                                                    A purpose built platform could be used
                                                                    in conjunction with the other public
                                                                    amenities at the park, creating even
                                                                    further utilisation of this popular area.
                                                                    Council has allocated $15,000 towards
                                                                    this project, through the Marine
                                                                    Facilities     Development      Advisory
                                                                    Committee. An additional $15,000 is
                                                                    needed to complete this project.




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3.     Shipwrights Point Regatta Ground                                                     $20,000

       Council endorsed the Shipwright Point Regatta
       Ground Master Plan in July 2009, which
       recommends a number of improvements for the
       area.    Funding of $20,000 will enable the
       upgrading of the large barbeque shelter,
       replacing the rusting roof and adding new tables,
       chairs and extra rubbish bins.



4.     Cygnet Oval Boundary Fence Posts                                                     $20,000

                                                           The Cygnet Oval has a timber safety fence
                                                           with concrete posts which creates a barrier
                                                           between spectators and the action of the
                                                           game. The aging fence has been repaired
                                                           many times over the years but is now in need
                                                           of replacement. An allocation of $20,000
                                                           would replace the fence with timber posts &
                                                           rails and paint the finished structure.




5.     Huonville Foreshore Master Plan                                                      $65,000

       Significant work has been undertaken on the Master Plan recently, improving the
       facilities and overall aesthetics of the Huonville Foreshore. The rotunda is a
       popular gathering site because it provides shelter from the weather and
       accommodates large groups. However the structure is outdated and its structural
       integrity is in doubt due to rot which has developed in the base of the large timber
       uprights.

                                                             An allocation of $65,000 would fund the
                                                             replacement of the rotunda, giving it a fresh
                                                             modern look and rectifying the structural
                                                             issues. Timber posts would be replaced with
                                                             powder coated steel posts, the roof and
                                                             timber walls would be re-clad in Colorbond
                                                             steel, blending in with the new barbeque
                                                             shelters, and tables and chairs would be
                                                             replaced.

Significant erosion has occurred along the river bank, due to recent heavy rains, high flows
and moderate floods. Work is needed to stabilise the bank and reclaim sections where
possible. Professional advice is needed to ensure that any action taken is effective and
won’t require recurrent work. The allocation to the foreshore would also fund investigative
work on stabilisation of the river bank.

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Strategic Projects Allocation

It should be noted that a report on the RLCIP $120 million for larger Strategic Projects will
be provided at a later date.

Consultations

Suitable projects have been discussed and prioritised by the senior management team.
The allocation of funds was also considered by Council at a workshop held 26 October
2009.

Options

There are numerous community infrastructure projects that could be funded under the
RLCIP. The projects outlined in this report are considered to be the more prudent in terms
of meeting the funding criteria, able to be completed within the set time frames and in line
with Council’s strategic objectives.

Human Resource and Financial Implications

The $140,000 will be distributed as follows:

     •     Cygnet Caravan Park                                               $   20,000
     •     Judbury Park Kayak Platform                                       $   15,000
     •     Shipwrights Point Regatta Ground                                  $   20,000
     •     Cygnet Oval Boundary Fence                                        $   20,000
     •     Huonville Foreshore Master Plan                                   $   65,000

                                                Total                        $140,000

17.067/09
RESOLVED                                        CR WILSON                             CR HERON

a)         That the report on the Regional and Local Community Infrastructure Program
           be received and noted.

b)         Council nominates for approval the $140,000 from the Federal Governments’
           Regional and Local Community Infrastructure Program as follows:

           •        Cygnet Caravan Park                                      $   20,000
           •        Judbury Park Kayak Platform                              $   15,000
           •        Shipwrights Point Regatta Ground                         $   20,000
           •        Cygnet Oval Boundary Fence                               $   20,000
           •        Huonville Foreshore Master Plan                          $   65,000

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan & Woodruff voted for
           the motion & no Councillors voted against the motion.




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Cr Gudden returned to the meeting at 6.45pm

Title                                       HUONVILLE TOWNSHIP DEVELOPMENT
                                            COMMITTEE
Agenda Number                               17.068/09*
Strategic Plan Reference                    PA02
File Reference                              05/174
Author                                      Community Development Officer
Responsible Officer                         Community Development Officer
Reporting Brief                             Acting Manager Community Services presenting a
                                            report from the Community Development Officer on the
                                            Huonville Township Development Committee meeting
                                            held 26 October 2009.

Report

The Huonville Township Development Committee held a meeting at the Huon Valley
Community Health Centre on 26th October 2009. A copy of the minutes of the meeting is
included with the Attachments to the Reports.

17.068/09*
RESOLVED                                       CR HERON                              CR DUGGAN

That the Minutes of the meeting of the Huonville Township Development Committee
held on Monday October 26 2009 be received and noted.

   •      Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
          voted for the motion & no Councillors voted against the motion.




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COUNCIL ACTING AS A PLANNING AUTHORITY

In accordance with the provisions of Part 2 Regulation 25 of the Local Government
(Meeting Procedures) Regulations 2005, the Council will now act as a Planning Authority
pursuant to the Land Use Planning & Approvals Act 1993.

In accordance with Regulation 25 the Council will act as a Planning Authority in respect of
those matters appearing under Item 18 on this Agenda, inclusive of any supplementary
items.

At this stage, given legal advice provided to the Council, it has been agreed that copies of
plans and representations associated with developments (whilst available for review on the
Council’s website or at the Council office) will not be included as an attachment to the
publicly available Agenda Reports.




The Mayor advised that Council was Acting as a Planning Authority as at 6.46pm.

Mayor Armstrong declared an interest in Item 18.045/09 and left the meeting at
6.46pm.

Deputy Mayor Heron assumed the Chair at 6.46pm.




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Title                                       SECTION 43A APPLICATION FOR PLANNING
                                            SCHEME AMENDMENT AND 21 LOT SUBDIVISION –
                                            2770 HUON HIGHWAY, HUONVILLE
Agenda Number                               18.045/09*
Strategic Plan Reference                    NA04
File Reference                              2194849
Author                                      Senior Planning Officer
Responsible Officer                         Senior Planning Officer
Reporting Brief                             Manager Planning and Legal Services presenting a report
                                            on behalf of the Senior Planning Officer on a combined
                                            planning scheme amendment and subdivision application
                                            by RJ Kent & DS Wee.

REPORT

APPLICANT:                                       R J Kent & D S Wee

OWNER:                                           R J Kent & D S Wee

PROPERTY ID NUMBER:                              2194849

APPLICATION NUMBER:                              PSA-2/2009 & SUB-46/2009

PLANNING SCHEME:                                 Huon Planning Scheme 1989

PROCESS:                                         Section 43A of the Land Use Planning and Approvals
                                                 Act 1993 (the Act)

STRATEGY:                                        Huon Valley Land Use and Development Strategy
                                                 (2007) (the Strategy)

PROPOSAL:                                        Section 43A application to rezone the land to Closed
                                                 Residential and to subdivide the land into 21 lots.

APPLICATION RECEIVED:                            24 July 2009

SITE AND LOCALITY

The site consists of two titles (recently created through subdivision permit SUB-119/2006)
with a total area of 2.5ha. The site is an irregular shaped block with a 157m width frontage
to the Huon Highway. The site contains an existing dwelling located towards the centre, a
small orchard and pasture.           The site has a southerly aspect with a gradient of
approximately 1 in 10m.

The site lies between the Huon River to the south, vegetated hills to the north and north-
west, residential development to the north and north-east and rural land to the west.


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The adjoining land to the north-east is zoned Closed Residential. This zoning extends
further north and west on both sides of the Huon Highway through to the Huon River.
Much of the land zoned Closed Residential has been developed for residential purposes,
however, there is a large extent of undeveloped Closed Residential zoned land on the
eastern side of the Huon Highway. Land to the west is zoned Rural and supports pasture
on land of varying lot sizes. A relatively narrow strip of land immediately south of the site
is zoned Intensive Agriculture.

DESCRIPTION OF PROPOSAL

The proposal seeks to rezone the subject site from Rural to Closed Residential under the
Huon Planning Scheme 1979 and to subdivide the land into 21 lots.

The proposed subdivision seeks to create lots generally between 750m2 and 1050m2 in
size. A 1229m2 lot is proposed to accommodate the existing dwelling on the site and is
located at an intersection in the proposed subdivision road. A 4313m2 lot is proposed in
the southern corner of the site, the majority of which is subject to a wayleave easement.

All lots are to be accessed via a cul-de-sac based subdivision road, located within a 12m
wide reservation.

The application is supported by a Town Planning Report, a Traffic Impact Assessment and
a proposed subdivision design.

Lot 101 on the proposal plan submitted to Council shows is a 528m2 lot which is shown to
be added to an adjoining lot by boundary adjustment. This lot describes land that is
presently burdened by a right of way in favour of adjoining land to the north-west and
north-east. However, the boundary adjustment is not part of the current request to Council
and the proposal plan should be read as if the land described by lot 101 is in fact included
into the adjoining proposed lots. This boundary adjustment is not critical to the application
and could be considered regardless of the zoning. This right of way extends through to
the Huon Highway and it is intended that the right of way be deleted through lots 20 and
21 and the proposed road to the north.

Legislative Requirements

Application has been made under section 43A of the Act and seeks a combined planning
scheme amendment and development application.

Under sections 35 and 43C of the Act, Council’s assessment must determine whether the
amendment meets the requirements of section 32 of the Act, any relevant State Policies
and the objectives of Schedule 1 of the Act. Section 32 states:

       “(1) An amendment of a planning scheme –
              (a) must seek to further the objectives set out in Schedule 1; and
              (b) must be prepared in accordance with State Policies made under section
              11 of the State Policies and Projects Act 1993; and
              (c) may make any provision which relates to the use, development,
              protection or conservation of any land; and
              (d) must have regard to the safety requirements set out in the standards
              prescribed under the Gas Pipelines Act 2000; and

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                 (e) must, as far as practicable, avoid the potential for land use conflicts with
                 use and development permissible under the planning scheme applying to the
                 adjacent area; and
                 (f) must have regard to the impact that the use and development permissible
                 under the amendment will have on the use and development of the region as
                 an entity in environmental, economic and social terms.”

If considered appropriate, Council has the power to modify the amendment. Council must
consider the development application as if the amendment had been granted and may
certify the amendment but not grant the planning permit.

This report will address the initiation and certification of the proposed planning scheme
amendment as well as the development application.

If Council initiates and certifies the amendment, public exhibition of the amendment and
any permit will follow. Council shall be required to consider any representations made
during this period and determine whether any modifications are warranted.

Subsequently, the Tasmanian Planning Commission (TPC) may hold public hearings prior
to determining the amendment and any permit.

COUNCIL STRATEGY

The Huon Valley Land Use and Development Strategy (the Strategy) has been adopted by
Council and will inform the new planning scheme which is currently under preparation.

The Strategy describes an Urban Growth Boundary (UGB) for Huonville, in which this site
is situated. The UGB promotes a containment of urban development within Huonville and
in doing so would re-orientate residential growth away from undeveloped Closed
Residential zoned land at the north, west, south and east extremities of Huonville towards
land east of Main Street. The UGB has been determined having regard to infrastructure
capacity and coverage and constraints such as flooding.

DISCUSSION

Planning Scheme Amendment

Objectives of Schedule 1 of LUPAA

An amendment is to further the objectives of LUPAA. The assessment of the proposal
against the objectives is as follows:

(a)      to promote the sustainable development of natural and physical resources and the
         maintenance of ecological processes and genetic diversity.

         Due to past land use the site is unlikely to support any significant environmental
         values.




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         The site supports a small orchard of little economic viability. The land has limited
         potential for agricultural development given its size. It is also assessed as highly
         fettered under the assessment process outlined in the Strategy. For these
         reasons, it is unlikely to be consolidated with adjoining land or subject to
         agricultural investment by the current owner.

         Whilst the proposal would cause further encroachment of Huonville into
         surrounding Rural land, the impacts of landscape and agricultural potential (see
         consideration of the State Policy on the Protection of Agricultural Land 2009) are
         considered negligible.

(b)      to provide for the fair, orderly and sustainable use and development of air, land
         and water.

         The proposed amendment is consistent with the Strategy which has set Council’s
         strategic direction for future residential growth at Huonville. The Strategy was
         prepared with extensive public consultation and in regards to the objectives of
         LUPAA.

         Supply and Demand

         The Strategy considers that despite the availability of various commercial and
         community services, demand for residential development at Huonville is relatively
         low. A partial explanation for this is the continual supply of both old and newly
         created rural and rural residential lots in the surrounding area.

         The following considers land supply and demand further through a consideration
         of apparent trends in supply and demand for residential land. It does not offer a
         comprehensive analysis of supply and demand.

         Recent residential subdivisions of Knopwood Lane, Beauty View Road and Old
         Apple Court are now largely developed or with approvals in place to do so. It is
         commonly observed that new subdivisions in Huonville are developed quickly
         including a relatively high demand for new lots. Recent building approvals show
         that:

               •    in 2007, 29 houses and 10 units were approved;
               •    in 2008, 6 houses and 15 units were approved; and
               •    in 2009 (until August), 10 houses and 7 units were approved.

         Many of these approvals were for land created through the above subdivisions.

         Approved, but undeveloped, lots include the remainder of Orchard Avenue (some
         15 lots) and 89 lots at 32 Knights Road. The 89 lot subdivision was approved in
         July 2008 however Council has not been provided within any design drawings and
         it is uncertain as to when these lots may eventually be released.

         The proposed subdivision, based on recent building approvals, would meet a
         demand for land for up to two years.



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   As stated previously, the UGB promotes back-zoning of current Closed Residential
   zoned land. This would apply to the following land (also see the Attachments to
   the Report):

        1. approximately 4ha north-west of Stride Street, much of which lies below the
           1 in 100 year flood level identified within the Hydro Tasmania Huon River
           Flood Evacuation Plan;
        2. approximately 5ha of steeply sloping land above Frankcomb Street with a
           gradient between 1:3.5 and 1:4.5;
        3. approximately 6ha south-west of Orchard Avenue;
        4. approximately 3.5ha within the Golf Course and 186 Main Street;
        5. approximately 7ha of land north of Knights Road;

   Other vacant Closed Residential zoned land that is within the proposed UGB
   includes):

        1. approximately 4.5ha between Cool Store Road and the Huon Highway;
        2. approximately 1.5ha at 87 Wilmot Road; and
        3. approximately 16ha east of Main Street (including some 11ha in single
           ownership).

   Some observations following the above is that much undeveloped Closed
   Residential land is subject to significant site constraints. The remaining land
   suitable for residential development is contained within relatively large land
   holdings that have remained undeveloped since the enactment of the Scheme.
   For instance, land between Cool Store Road and the Huon Highway has been
   zoned for residential development for some 30 years however no development
   has taken place.

   There would appear to be some uncertainties regarding how future supply would
   be met given the reliance on a limited number of owners to release land and a lack
   of clear intentions to release land.

   Given the above there is an apparent need for additional Closed Residential zoned
   land within Huonville. The subject site is well positioned to meet this demand
   given its proximity to Huonville, availability of existing infrastructure, good outlook
   and lack of site constraints.

   Town Entrance

   The southern town entrance is currently characterised by a linear extension of
   dwellings on the western side of the Huon Highway, of which the southern-most
   has an irregular and awkward orientation to the Huon Highway. The lack of
   development on the eastern side results in an ‘unbalanced’ appearance.

   Future residential development on the eastern side of the Huon Highway would
   eventually result in a more ‘balanced’ and clearly delineated entrance. It is
   considered that the proposal would have the additional benefit of

         •    providing a low density house site on lot 1 opposite similar existing
              residential dwelling at 2769 Huon Highway; and
         •    a new intersection offering a firm delineation of Huonville.
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(c)      to encourage public involvement in resource management and planning; and

         If certified by Council, the proposed amendment and any permit granted under
         Section 43 (A) would be subject to public advertising and agency comment.
         Council will be required to consider any representations that may be received.

(d)      to facilitate economic development in accordance with the objectives set out in
         paragraphs (a), (b) and (c); and

         The proposal would provide opportunities for income generation through the
         construction phase and ensure a supply of residential land that may be used by
         local workers.

(e)      to promote the sharing of responsibility for resource management and planning
         between the different spheres of Government, the community and industry in the
         State.

       This objective is not directly relevant to the current proposal. However, should the
       amendment be certified, the proposal would be subject to public and agency
       comment.

SUBDIVISION APPLICATION

The following provides an assessment of the proposed subdivision against the proposed
Closed Residential zone.

Planning Scheme

The Closed Residential zone provides the following development standards relevant for
the proposed subdivision.

       3.5.1      Subdivision in the Closed Residential Zone

       1)      Where reticulated water and sewerage services are provide, subdivision is to
               be in accordance with the following:

               (a)    Minimum lot size:          500m2
               (b)    Minimum Frontage:          6m
               (c)    Minimum Inscribed Circle: 18m diameter

The proposal complies with these standards.

Access

Clauses 7.8.1 and 7.8.2 provides controls relevant to the consideration of the proposed
access.

Clause 7.8.2 requires that Council refer all applications for land with access to a State
Road (the Huon Highway) to the former Department of Main Roads. The proposal was
referred to the now Department of Infrastructure, Energy & Resources (DIER) who
provided comments discussed below.
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DIER will have a further opportunity for comment during any future public exhibition of this
proposal. Clause 7.8.1 requires the provision of any necessary works to accommodate
vehicle movements generated by a proposal.

The application is supported by a TIA. Key points of the TIA are:

   •     the proposal would generate around 140 vehicle movements per day;
   •     the proposed junction has available sight distance in excess of that required for the
         85th percentile speed of 70.5km/hr.
   •     that the existing gravel verge on the Huon Highway should be sealed to create an
         auxiliary lane that would allow southbound traffic to manoeuvre past any vehicle
         that is queuing to make a right turn into the subdivision road;
   •     that the 60km/hr and 80km/hr town speed limit be extended for 180m south.
         Presently, the 60km/hr limit starts within 20m of the first of dwellings on the western
         side of the highway. The TIA considers that in a normal situation this speed limit
         would be applied at least 100m in advance of residential development.
   •     the proposed cul-de-sac design is appropriate subject to controls regarding signage
         and surface materials that define vehicle priorities.
   •     that the proposal causes no traffic safety or efficiency concerns provided that the
         TIA recommendations, including the above improvements, are met.

DIER’s comments are included in the Attachments to the Report. Key points are:

   •     that access to the site should be from Scenic Hill Road;
   •     that direct access from the Huon Highway be prevented for lots 1, 20 and 21;
   •     that sight distance must be improved through roadside vegetation clearance and
         the relocation of the ‘welcome to Huonville sign’;
   •     that future residential development be protected from excessive traffic noise;
   •     that the developer obtain all necessary consents for stormwater discharge on the
         Huon Highway.

The subject site does not have frontage to Scenic Hill Road and it is not possible to gain
access in this way. All other requirements of DIER are reflected in the proposed
conditions.

Land Stability

Clause 6.2.8 of the Scheme requires Council to take into consideration the circumstances
of the case and public interest where necessary when accessing the application. This
includes the protection of the development from land instability.

Geological mapping published by the Department of Infrastructure, Energy and Resources
indicates that the site is underlain by Jurassic aged sediments. The gradient of the subject
site is less than the threshold of 27% for this geological type and therefore the potential for
land instability is minimal.

The site is also clear of the indicate tunnel erosion mapping provided in Appendix D of the
Strategy.




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Flooding

Clause 6.2.8 of the Scheme requires Council to take into consideration the circumstances
of the case and public interest where necessary when accessing the application. This
includes the protection of the development from flooding.

The site is well clear of any flood risk from the Huon River.

Bush Fire Hazard

Clause 6.2.8 of the Scheme requires Council to take into consideration the circumstances
of the case and public interest where necessary when accessing the application. This
includes the protection of the development from bushfire hazard.

The site is not within 100m of bushland greater than 1ha in extent and is therefore not
considered subject to Bush Fire Hazard as defined in the Tasmanian Fire Service
Guidelines for Development in Bush Fire Prone Areas of Tasmania.

Public Open Space

The proposal makes no provision for a new public open space lot or other land. As the
site is on the southern edge of Huonville, any such land would be poorly located for public
open space uses. It is appropriate however to require a cash contribution in lieu in
accordance with the Local Government (Building and Miscellaneous Provisions) Act 1993.

Southern Water

The proposal was referred to Southern Water who have consented to the proposal and
provided a set of conditions that must be included in any permit issued.

Infrastructure requirements

Council’s Engineering Assistant provides the following comments:

       The proposal is for the subdivision of two parcels of land at Huonville to create 21
       lots. The land has frontage to the Huon Highway and access to the subdivision will
       be from the Huon Highway. Each lot in the subdivision will have frontage and gain
       access from newly constructed roads within the proposed subdivision.

       DIER lodged a submission relating to this subdivision with Council and highlighted
       some of the following points

       Lots 1, 20 and 21 will have frontage to the Huon Highway but no access from the
       Huon Highway will be allowed and a covenant reflecting this will be placed on the
       relevant titles.

       The speed limit on the Huon Highway adjacent to the proposed subdivision heading
       north is 80kph and heading south is 100kph. If the subdivision was to proceed
       Council would support the extension of the 60kph zone to a point south of the
       proposed development.


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       Detailed design drawings of the proposed junction with the Huon Highway must be
       submitted to DIER for approval and must include all stormwater drainage provisions
       and flow calculations of any proposed discharge to, across or under the State Road.

       The road layout as shown on the proposal should be revised to establish the road
       that services the majority of the lots in the subdivision as the priority road. This
       could be achieved by establishing a t-junction with the road that services Lots 18 to
       21. The internal subdivision roads must be constructed with kerb and channel both
       sides and a concrete footpath on one side. The carriageway width must be 6.0m lip
       of kerb to lip of kerb with an asphalt running surface. The cul-de-sac is to have a
       pavement radius of 8.5m to lip of kerb with concrete kerb and channel and a
       concrete footpath for the full perimeter of the cul-de-sac. The road reserve for the
       cul-de-sac is to have a 12.5m radius. The turning head at the end of the road that
       services Lots 18 to 21 must be designed to accommodate Council's kerbside waste
       collection vehicle.

       The land to be subdivided is situated such that in times of heavy rain there will be
       substantial surface run off from the large area of land to the north west of the
       proposed subdivision (Scenic Hill). Previous subdivisions in this area have been
       subject to similar problems and systems should be put in place at the design stage
       of this subdivision to alleviate these problems.

       There is no Council storm water infrastructure servicing this property. In conjunction
       with the engineering design drawings for the subdivision a detailed storm water
       disposal plan must be submitted to Council for approval. It would appear that the
       only points where stormwater could be directed to is to pipe culverts that cross the
       Huon Highway near the north east corner and the southeast corner of the property.
       Both these culvert pipes discharge onto private property. For these culverts to be
       utilised as the discharge points, permission must be sought from DIER and the
       relevant property owners and the necessary drainage easements put in place.

       Council has identified storm water issues in the Scenic Hill area that need to be
       addressed as a result of this and so as not to landlock councils options relating to
       upstream stormwater issues Council will require drainage easement 3m wide
       adjacent to the north east boundary of the property.

Conditions of approval relating to the above have been provided for inclusion in any permit
issued.

Environmental Health requirements

There are no environmental health issues relevant to this application.

Natural Resource Management requirements

There are no NRM issues relevant to this application.




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STATE POLICIES

State Policies are made under the State Policies and Projects Act 1993 (the Act). As
specified by section 13C of the Act, the Council is bound by State Policies and under
section 13(1), if a planning scheme is inconsistent with a State Policy, the planning
scheme is void to the extent of that inconsistency.

State Policy on Water Quality Management 1997

The State Policy on Water Quality Management 1997 came into operation on
27 September 1997. This Policy applies to all surface waters, including coastal waters,
and groundwaters, other than privately owned waters that are not accessible to the public
and are not connected to, or flow directly into, waters that are accessible to the public, or,
waters in any tank, pipe or cistern.

It would be appropriate that a Soil and Water Management Plan (SWMP) be implemented
prior to any works occurring on the site. This plan would implement measures to control
and minimise erosion. It is considered that the implementation of a SWMP would ensure
compliance with the Policy.

State Coastal Policy 1996

The subject land is located within one kilometre of State waters and as such the State
Coastal Policy 1996 applies to this proposal. The principles of the Policy are:

       Natural and cultural values of the coast shall be protected.
       The coast shall be used and developed in a sustainable manner.
       Integrated management and protection of the coastal zone is a shared
       responsibility.

One objective of the policy is the avoidance of ribbon development. The subject site
directly abuts an established residential area. It is considered that the extension of the
urban footprint is marginal and in the context of the area to be of no concern. Further, the
proposal will not detrimentally impact the values or use of the Huon River or cause any
other concerns. As such, it is considered that the proposal will not prejudice the principles
and objectives of the Policy.

State Policy on Protection of Agricultural Land 2009

The State Policy on the Protection of Agricultural Land 2009 became effective on
3 September 2009. A comprehensive implementation strategy for this new Policy is
currently being prepared by the TPC and this may include implementation guidelines.

The purpose of the Policy is

       To conserve and protect agricultural land so that it remains available for the
       sustainable development of agriculture, recognising the particular importance of
       prime agricultural land.




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Agricultural land is defined as

       … all land that is in agricultural use or has the potential for agricultural use, that has
       not been zoned or developed for another use or would not be unduly restricted for
       agricultural use by its size, shaped and proximity to adjoining non-agricultural uses.

The most significant principle of the Policy with respect to the proposal is

       The protection of non-prime agricultural land from conversion to non-agricultural
       use will be determined through consideration of the local and regional significance
       of that land for agricultural use.

The subject site and adjoining land is classified as having a band of Class 4 agricultural
land through the middle of the site with Class 5 land at the lower and higher elevations.

The site is not considered to fall within the definition of agricultural land under the Policy.
The site has little agricultural potential due to its size and existing fettering from adjoining
residential development. This fettering is assessed as high under the methodology
contained in the Strategy. The existing orchard on the site is not agricultural in nature but
consistent with the rural residential character of the land.

Under the Scheme, rural land is either zoned Rural or Intensive Rural.

Directly south of the subject site is a narrow strip of Intensive Rural zoned land, which is
classified as Class 5 land. The adjacent property at 2769 Huon Highway is contained
within the Intensive Rural zone. It has however been approved for subdivision
(SUB-101/2004) into two lots (2ha and 0.6ha). The 2ha lot has an irregular shape and
narrows to 17m in width. Despite the zoning of the adjacent property, this land is unduly
restricted from potential agricultural use and can only reasonably be described as a rural
residential lot.

The land to the west is zoned Rural. The adjoining title includes approximately 6ha of
cleared pasture and is bordered on all sides by fragmented semi-rural residential type lots
and industrial use at the former Shield’s packing shed. The adjoining title has negligible
fettering and the proposal would increase this to a low rating. However, this land has
limited agricultural potential and is of no local significance. The site has rural values only
as opposed to any of an agricultural nature. It is considered that the proposal will not
adversely affect the limited agricultural potential of this adjoining title.

Given the above it is considered that the proposal is consistent with the Policy and will not
prejudice the purpose or objectives of the Policy.

CONCLUSION

A section 43A application has been made to Council to rezone the land to Closed
Residential and subdivide the land into 21 lots.

The proposal is consistent with Council’s Land Use and Development Strategy.

It is considered that the proposal represents orderly and sustainable development of the
site that satisfies the objectives of the Land Use Planning and Approvals Act 1993.

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18.045/09A*
RESOLVED                                         CR DOYLE                              CR WILSON

(a)         That Council resolves, under Section 34 (1) (a) of the Land Use Planning and
            Approvals Act 1993, to initiate draft amendment, to be known as Amendment
            PSA-2/2009, to the Huon Planning Scheme 1979 to rezone land contained
            within Certificates of Title 156572/1 and 156572/2 from Rural to Closed
            Residential.

(b)         That Council resolves, under Section 35 (1) of the Land Use Planning and
            Approvals Act 1993, that draft Amendment PSA-2/2009 satisfies the
            provisions of Section 32 of the Land Use Planning and Approvals Act 1993.

(c)         That Council resolves, under Section 35 (2) of the Land Use Planning and
            Approvals Act 1993, to prepare and certify draft Amendment PSA-2/2009 and
            sign the instrument as required.

(d)         That draft Amendment be publicly exhibited for a period of 21 days.

(e)         That if no representations are received during the public exhibition period, a
            Report be provide to the Commission pursuant to section 39 of the Land Use
            Planning and Approvals Act 1993 advising the Commission that:

            •   No representations were received in respect of the draft amendment; and
            •   Council recommends that the draft amendment be approved without
                modification.

      •     Councillors Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff voted for the
            motion & no Councillors voted against the motion.

18.045/09B*
MOTION                                                     CR WILSON                             CR DUGGAN

(a) That Council resolves under Section 43 (c) of the Land Use Planning and
    Approvals Act 1993, to approve Development Application SUB-46/2009 subject
    to the following conditions:

          1.         Approval is for the subdivision substantially in accordance with
                     SUB-46/2009, as shown on the proposal plan endorsed by Council and
                     as amended by this Permit. Any amendment, variation or extension of
                     this Permit requires further planning consent of Council.

          2.         All development must be in accordance with the Huon Planning
                     Scheme 1979.

          3.         Each lot must conform to the requirements set out in the Land Use
                     Planning and Approvals Act 1993, Local Government (Building and
                     Miscellaneous Provisions) Act 1993 and the Local Government Act
                     1993.



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4.         Suitable covenants must be included in the Schedule of Easements
           with respect to:

                    Preventing temporary or permanent vehicular access from lots 1,
                    20 and 21 onto the Huon Highway.
                    Requiring that any future building application to Council for a
                    habitable building on lots 1, 20 and 21 to providing adequate
                    documentation demonstrating that all works are to be built in
                    such a manner that building interior noise levels recommended
                    in Australian Standard AS2107 Acoustics – Recommended
                    design sound levels and reverberation times for building
                    interiors are achieved.

           Additional covenants or other controls must not be included on the
           titles to the lots created by the subdivision where they are in conflict
           with any provisions of, or seek to prohibit any use provided for within,
           the relevant Planning Scheme applying to the lot.

5.         Prior to sealing the Final Plan of Survey, the developer must make
           financial contribution for the total cost of relocating the ‘welcome to
           Huonville’ sign necessary to satisfy the Department of Infrastructure,
           Energy and Resources.

6.         Prior to the commencement of any works associated with this Permit
           the developer must obtain the consent of the Minister administering the
           Roads and Jetties Act 1935 in accordance with Section 84 (1) (c) of the
           Local Government (Building and Miscellaneous Provisions) Act 1993.
           This must include an indemnity for the crown against any claim which
           may arise from an increase from the water flowing away from or under
           the Huon Highway, or its rate of flow by reason of the works approved
           by this permit.

7.         The cost of any alterations to and/or reinstatement of existing services
           or private property incurred as a result of the development must be at
           the expense of the developer. Any work so required must be specified
           and undertaken by the appropriate authority concerned.

8.         All machinery is to be washed down prior to leaving the site.

9.         Prior to the commencement of any works required by this Permit, a Soil
           and Water Management Plan (SWMP) must be submitted to and
           approved by Council’s Manager Planning and Legal Services. The
           SWMP must provide controls over temporary run-off and erosion on the
           land and ensure that all soil remains within the subject site.

           The SWMP must be implemented prior to any works occurring on the
           land and must be maintained until such time that the land is effectively
           rehabilitated and stabilised.




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10.        In accordance with the provisions of Section 117 of the Local
           Government (Building and Miscellaneous Provisions) Act 1993,
           payment of a cash contribution amount must be made to the Council
           prior to sealing the Final Plan of Survey. The cash contribution amount
           is to be equal to 5% of the unimproved land value of the whole of the
           area in the plan of subdivision at the date of subdivision approval. This
           land value is to be determined by a Valuer within the meaning of the
           Land Valuation Act 2001 at the developer’s expense.

11.        Any lots described as “public open space”, “public access way”,
           “road”, “to be acquired by the Highway Authority” or other way or land
           designated to become public land on the Final Plan must be transferred
           to Council for a nominal sum of $1.00 and must be accompanied by a
           Memorandum of Transfer to the Huon Valley Council, all documentation
           in relation to discharges of any Mortgages, withdrawal of caveats, and
           all other relevant registrable dealings. This Transfer must be executed
           by the vendor, identifying the lot(s) to be transferred and the applicant
           is responsible for all Lands Title Office fees and charges and duty in
           relation to the document.

12.        The following Conditions and Advice are included at the direction of
           Southern Water:

           (a)    Prior to commencement of any works on site, the developer shall
                  make an application to Southern Water for a Certificate for
                  Certifiable Work (Plumbing).

           (b)    Prior to issue of a Certificate of Certifiable Work (Plumbing) from
                  Southern Water, the developer must lodge with Southern Water for
                  approval engineering design plans prepared by a registered
                  professional engineer at the developer’s cost showing the
                  hydraulic servicing requirements for water and sewerage,
                  generally in accordance with the requirements of the submitted
                  sewer and water layout plan as detailed above. The engineering
                  design plans must comply with the Sewerage Code of Australia
                  and the Water Code of Australia - Melbourne Retail Water Agencies
                  Integrated Code version published by the Water Services
                  Association of Australia and be to the approval of Southern Water
                  Executive Manager Asset and Service Strategy. Refer to advice
                  below.

           (c)    Connection of the new sewer and water infrastructure to existing
                  infrastructure must be undertaken by Southern Water at the
                  Developer’s cost.

           (d)    A 100mm standard sewer connection shall be provided to each lot,
                  including the existing house on Lot 17.

           (e)    A 20mm nominal size water service must be installed to Southern
                  Water’s standard details to each lot, including the existing house
                  on Lot 17. Meters shall be provided.

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           (f)    All existing private water and sewerage installations must be
                  separated so that they are only within the lot they service.

           (g)    The proposed development must be provided with adequate fire
                  protection to meet the requirements of the Australian Standards
                  and the Tasmania Fire Service at the developer’s cost.

           (h)    Prior to endorsement of the titles for sealing by the planning
                  authority, the Plan of Survey must include drainage easements
                  over all proposed sewer mains with pipes located by survey
                  centrally within the easement, except within highway reservations.
                  The minimum easement width for a single pipe within the
                  easement shall be 2.5m and the easement must be in the name of
                  the Tasmanian Water and Sewerage Corporation (Southern
                  Region) Pty Ltd. The minimum easement width for two pipes within
                  the easement shall be 3.0m and the easement must be in the name
                  of the Council and the Tasmanian Water and Sewerage
                  Corporation (Southern Region) Pty Ltd.

           (i)    “As constructed” drawings for all services and connections in
                  both hard copy and digital formats must be provided to Southern
                  Water prior to the works being placed on maintenance. Digital
                  format must be in a format acceptable to Southern Water.

           (j)    A detailed estimate for the works must be provided and payment
                  of the engineering assessment fee must be made prior to the issue
                  of approved engineering drawings. Construction must not
                  commence until the approved engineering plans have been issued.

           (k)    The Applicant must take care to protect Southern Water’s assets.
                  Any damage to Southern Water’s assets must be promptly
                  reported to Southern Water and will be repaired at the developer’s
                  cost.

           (l)    Prior to endorsement of the titles for sealing by the planning
                  authority, the developer must pay to Southern Water a water
                  infrastructure developer charge for twenty (20) equivalent
                  tenement for the amount currently of $1005 (one (1) credit has
                  been applied for the existing tenement). The actual amount paid
                  must be based on the rate adopted by Southern Water and
                  prevailing at the time of payment.

           (m) Prior to endorsement of the titles for sealing by the planning
               authority, the developer must pay to Southern Water a sewerage
               infrastructure developer charge in accordance with Southern
               Water’s Developer Charge Policy for twenty (20) equivalent
               tenement for the amount currently of $1,015 (one (1) credit has
               been applied for the existing tenement). The actual amount paid
               must be based on the rate adopted by Southern Water and
               prevailing at the time of payment.



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ADVICE

       i.           A copy of this document and the submitted drawings and/or
                    documents listed in the above schedule should be included in the
                    council permit.

      ii.            Any works required for the subdivision require approval from
                    Southern Water in the form of a Certificate for Certifiable Work
                    (Plumbing). The application form for this certificate is available
                    on the internet at the Southern Water site form designation
                    BP02A:
                    http://www.southernwatertas.com.au/SouthernWater/Your+develo
                    pment/Development+forms.

     iii.            The selection of construction organisation to construct any
                    water and sewerage related infrastructure (private contractor or
                    Southern Water) will be determined and advised in the Certificate
                    for Certifiable Work (Plumbing).

     iv.            The engineering design drawings must show and include where
                    applicable:

                    •     All sewerage and water infrastructure, sized and constructed
                          through to the extremities of the development site and allow
                          for future development within the sewerage hydraulic
                          catchment and water supply zone for adjacent and
                          surrounding land;

                    •     A 20mm nominal diameter minimum water connection from
                          the road frontage to the lot. The connection size nominated in
                          this certificate is the minimum size that is permitted. The
                          developer must design the connection size to meet the
                          requirements of the development and the Australian
                          standards. Larger connections may be provided for multi-
                          residential development;

                    •     100mm nominal diameter sewer connection(s) to the lowest
                          reduced level on the lot(s);

                    •     150mm nominal diameter minimum sewer main extension(s)
                          as required. The pipe material for sewer mains is typically
                          uPVC SN8 DWV;

                    •     Show existing water and sewer mains relevant to the
                          development and any modifications to surface levels;

                    •     Show removal and sealing of redundant connection(s).

                    •     Separation of all private water and sewerage installations so
                          that they are only within the lot they service.




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                    •     Fully dimensioned details of proposed water and sewerage
                          assets/connections with plan views and longitudinal sections
                          for sewers.

                    •     A staging plan of hydraulic infrastructure (if applicable).

                    •     A notation(s) that live works such as a connection(s) to
                          existing hydraulic mains, sealing of redundant connection(s)
                          are to be carried out by Southern Water at the developer’s
                          cost.

                    •     A plan showing erosion and sedimentation control measures
                          meeting the requirements of the Hobart Regional Soil and
                          Water Management Code of practice.

                    •     The engineering plan approval shall be valid for a maximum
                          period of two (2) years from the date of Southern Water
                          endorsement, and if practical completion has not been
                          achieved within this time limit, the engineering plans shall be
                          subject to re-assessment in light of the appropriate Southern
                          Water standard prevailing at the time.

                    •     The Council must refer the Plan of Survey to Southern Water
                          for the approval of the Executive Manager Asset and Service
                          Strategy.

13.        All redundant vehicular access from the carriageway of the Council
           maintained road(s) must be removed and the kerb and guttering or road
           edge reinstated to match the existing in a smooth and continuous
           fashion.

14.        Prior to sealing the Final Plan of Survey the developer must
           demonstrate that all roadworks and stormwater works satisfy the
           requirements of the Department of Infrastructure, Energy and
           Resources.

15.        Prior to the commencement of works, engineering design drawings
           must be submitted to and approved by Council’s Manager
           Infrastructure Services. These drawings must form part of this permit
           when approved. The plans must be prepared in accordance with all
           relevant Australian Standards including AS1100 and show:

           (a)      All existing and proposed services required by this permit;
           (b)      All existing and proposed roadwork required by this permit;
           (c)      Measures to be taken to provide sight distance in
                    accordance with the relevant standards of the planning scheme;
           (d)      Stormwater disposal plan to demonstrate how stormwater from
                    each lot is to be disposed of in a legal manner and which makes
                    provision for an agricultural drain with a surface pit through lots
                    7 to 11;
           (e)      Any other work required by this permit.
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           The cost of implementing all works shown on the approved engineering
           design drawings is the sole responsibility of the developer.

16.        Roadwork’s and drainage must be constructed in accordance with
           Council’s By-laws, municipal standard drawings and specifications.
           Roadworks must include:

           (a)      Concrete access to each lot;

           (b)      Subdivision Roads
                    (i) Fully sealed paved and drained carriageway 6.0 metres wide
                    lip of kerb to lip of kerb, with concrete kerb and channel both
                    sides;
                    (ii) Pavement radius at corners to be 10 metres minimum;
                    (iii) Concrete footpaths 1.35 metres wide from the back of the
                    kerb one side only;
                    (iv) Underground drains;

           (c)      Cul-de-sac at the end of the subdivision road
                    (i) Fully sealed, paved and drained turning circle with a pavement
                    radius of 8.5 metres to lip of kerb.
                    (ii) Concrete footpaths 1.35 metres wide from back of kerb for the
                    full perimeter of the cul-de-sac;
                    (iii) Underground drains.

           (d)      Turning head at the end of the subdivision road
                    (i) Designed to accommodate Council’s kerbside waste collection
                    vehicle;
                    (ii) Fully sealed paved and drained surface with kerb and channel
                    (iii) Underground drains;

           (e)      Huon Highway Subdivision Road Junction.
                    (i) Signed and line marked Type AU Junction.

17.         The continuing leg of the subdivision road must be the east and south
           legs and the northern leg must be the terminating leg. To achieve this,
           the junction of the two subdivisional roads and lots 1, 2, 17 and 21 must
           be redesigned to ensure to reduce the angle of corners for the required
           continuing leg from 90 degrees to between 45 and 60 degrees. The
           terminating leg must be provided with a mountable kerb line, suitable
           traffic signage and be constructed of different pavement materials for a
           minimum 10m from the junction.

18.        A 12 metre wide road reservation (6 metres from the centreline of the
           carriageway) of the Subdivision Roads and a road reservation with a
           minimum radius of 12.5 metres for the turning circles (Cul-de sac) at the
           end of the Subdivision Roads and around the footprint of the Turning
           Head at the end of the subdivision road must be created for that part of
           the road traversing the proposed title as shown on the proposal plan
           and to the satisfaction of the Council’s Manager Infrastructure Services.
           Such land must be dedicated as "Road" on the Final Plan of Survey.

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19.        The corner of the road reservation of The Huon Highway and the
           Subdivision Road and the corners of the internal Subdivision Roads
           must be splayed or rounded by chords of a circle 6m radius. Such land
           must be dedicated as “Road” on the Final Plan of Survey.

20.        The developer must ensure that the engineering design drawings
           required by Condition 15 of this Permit are consistent with any approval
           or requirements of the Department of Infrastructure, Energy and
           Resources with respect to access and road construction and
           stormwater.

21.        The developer must pay for the installation of a street sign and
           standard for all new roads within the subdivision.

22.        Prior to the development of the land commencing on site or within a
           council road reservation, a “start work” notice must be lodged with and
           accepted by the Council’s Manager Infrastructure Services.

23.        Not less than 48 hours written notice must be provided to Council
           before reaching any stage of works requiring inspection by Council
           unless otherwise agreed by the Council’s Manager Infrastructure
           Services.

24.        Prior to the completion of the maintenance period “as constructed”
           drawings must be provided to the satisfaction of the Council’s Manager
           Infrastructure Services of all engineering works provided as part of this
           approval. These drawings must be prepared by a qualified person
           familiar with Council’s requirements and standards and must be
           provided in hard copy (2 No. Required) and in digital format (AUTO
           CAD).

25.        All works must be carried out under the direct supervision of an
           approved practising professional civil engineer engaged by the owner
           and approved by the Council.

26.        All works must be carried out by a Civil Contractor engaged by the
           owner and approved by Council.

27.        All disturbed surfaces on the land, except those set aside for roadways,
           footways and driveways, must be covered with top soil and, where
           appropriate, revegetated and stabilised to the satisfaction of the
           Council’s Manager Infrastructure Services.

28.        The developer must negotiate with private land owners any drainage
           easements required to ensure that all stormwater generated by the
           proposed subdivision is discharged legally.

29.        All lots must be provided with underground telecommunication
           connections.   The    developer     must     contact Telstra  on
           www.telstrasmartcommunity.com      prior    to   the development
           commencing to arrange design and installation.



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30.        Underground electrical reticulation only must be provided for power
           and street lighting in accordance with the requirements of Aurora
           Energy Pty Ltd.

31.        Street lighting must be provided at the junction of the Huon Highway
           and the new subdivision road and throughout the roads within the
           subdivision in accordance with the requirements of Aurora Energy Pty
           Ltd.

32.        All approved engineering works carried out by the owner must be
           maintained and repaired to the satisfaction of the Council’s Manager
           Infrastructure Services for twelve (12) months after the issue of
           practical completion.

33.        The developer must pay to Council prior to the commencement of any
           works associated with the subdivision an engineering plan checking
           fee for compliance with the requirements of this permit calculated at 1%
           of the contract value of the construction works or 1% of the estimated
           cost of the engineering works as prepared by the Consulting Engineer
           if a contract has not been let.

34.        A Bond or Bank Guarantee to the value of 10% of the contract value of
           the construction works associated with the subdivision shall be lodged
           with Council for the duration of the maintenance period of the works.
           The Bond or Bank Guarantee or approved security will only be released
           on satisfactory completion of any works required during the
           maintenance period as determined by Council.

35.        Prior to the works being taken over by Council evidence must be
           provided from a registered surveyor that the subdivision has been re-
           pegged following completion of substantial subdivision construction
           work.

36.        The cost of any alterations to and/or reinstatement of existing services,
           private property or Council infrastructure incurred in the proposed
           development works must be at the expense of the developer. Any work
           so required must be specified and undertaken by the appropriate
           authority concerned.

37.        A 3.0metre wide drainage easement in favour of the Huon Valley
           Council must be created adjacent to the north eastern boundary of the
           property.

38.        Easements must be created over all drains, pipelines, wayleaves and
           services in accordance with the requirements of the Council’s Manager
           Infrastructure Services. The cost of locating the pipes and creating the
           easements must be at the developer’s full cost.




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     39.        At the time of lodging the Final Plan, the subdivider must ensure that all
                conditions of approval have been satisfied. It is the subdivider’s
                responsibility to provide advice to Council that the conditions of
                approval have been satisfied. The Final Plan will not be dealt with until
                such time as this advice has been provided. If further inspections are
                required to inspect substandard or faulty work Council will charge a fee
                for every additional inspection conducted.

b)     The Planning Permit, a copy of the application for the Permit and any
       documentation submitted with that application be forwarded to the
       Commission in accordance with the requirements of the Land Use Planning
       and Approvals Act 1993.

c)     The Planning Permit, a copy of the application for the Permit and any
       documentation submitted with that application be publicly exhibited with the
       Draft Amendment PSA-2/2009 for a period of 21 days.

d)     If no representations are received during the public exhibition period, a
       Report be provide to the Commission pursuant to section 43F of the Land Use
       Planning and Approvals Act 1993 advising the Commission that:

       •   No representations were received in respect of the Planning Permit; and
       •   Council recommends that the Planning Permit be approved without
           modification.

18.045/09B*
AMENDMENT                                   CR WOODRUFF                           CR SMITH

(a) That Council resolves under Section 43 (c) of the Land Use Planning and
    Approvals Act 1993, to approve Development Application SUB-46/2009 subject
    to the following conditions:

     1.         Approval is for the subdivision substantially in accordance with
                SUB-46/2009, as shown on the proposal plan endorsed by Council and
                as amended by this Permit. Any amendment, variation or extension of
                this Permit requires further planning consent of Council.

     2.         All development must be in accordance with the Huon Planning
                Scheme 1979.

     3.         Each lot must conform to the requirements set out in the Land Use
                Planning and Approvals Act 1993, Local Government (Building and
                Miscellaneous Provisions) Act 1993 and the Local Government Act
                1993.

     4.         Suitable covenants must be included in the Schedule of Easements
                with respect to:

                         Preventing temporary or permanent vehicular access from lots 1,
                         20 and 21 onto the Huon Highway.


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                    Requiring that any future building application to Council for a
                    habitable building on lots 1, 20 and 21 to providing adequate
                    documentation demonstrating that all works are to be built in
                    such a manner that building interior noise levels recommended
                    in Australian Standard AS2107 Acoustics – Recommended
                    design sound levels and reverberation times for building
                    interiors are achieved.

           Additional covenants or other controls must not be included on the
           titles to the lots created by the subdivision where they are in conflict
           with any provisions of, or seek to prohibit any use provided for within,
           the relevant Planning Scheme applying to the lot.

5.         Prior to sealing the Final Plan of Survey, the developer must make
           financial contribution for the total cost of relocating the ‘welcome to
           Huonville’ sign necessary to satisfy the Department of Infrastructure,
           Energy and Resources.

6.         Prior to the commencement of any works associated with this Permit
           the developer must obtain the consent of the Minister administering the
           Roads and Jetties Act 1935 in accordance with Section 84 (1) (c) of the
           Local Government (Building and Miscellaneous Provisions) Act 1993.
           This must include an indemnity for the crown against any claim which
           may arise from an increase from the water flowing away from or under
           the Huon Highway, or its rate of flow by reason of the works approved
           by this permit.

7.         The cost of any alterations to and/or reinstatement of existing services
           or private property incurred as a result of the development must be at
           the expense of the developer. Any work so required must be specified
           and undertaken by the appropriate authority concerned.

8.         All machinery is to be washed down prior to leaving the site.

9.         Prior to the commencement of any works required by this Permit, a Soil
           and Water Management Plan (SWMP) must be submitted to and
           approved by Council’s Manager Planning and Legal Services. The
           SWMP must provide controls over temporary run-off and erosion on the
           land and ensure that all soil remains within the subject site.

           The SWMP must be implemented prior to any works occurring on the
           land and must be maintained until such time that the land is effectively
           rehabilitated and stabilised.

10.        In accordance with the provisions of Section 117 of the Local
           Government (Building and Miscellaneous Provisions) Act 1993,
           payment of a cash contribution amount must be made to the Council
           prior to sealing the Final Plan of Survey. The cash contribution amount
           is to be equal to 5% of the unimproved land value of the whole of the
           area in the plan of subdivision at the date of subdivision approval. This
           land value is to be determined by a Valuer within the meaning of the
           Land Valuation Act 2001 at the developer’s expense.

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11.        Any lots described as “public open space”, “public access way”,
           “road”, “to be acquired by the Highway Authority” or other way or land
           designated to become public land on the Final Plan must be transferred
           to Council for a nominal sum of $1.00 and must be accompanied by a
           Memorandum of Transfer to the Huon Valley Council, all documentation
           in relation to discharges of any Mortgages, withdrawal of caveats, and
           all other relevant registrable dealings. This Transfer must be executed
           by the vendor, identifying the lot(s) to be transferred and the applicant
           is responsible for all Lands Title Office fees and charges and duty in
           relation to the document.

12.        The following Conditions and Advice are included at the direction of
           Southern Water:

           (a) Prior to commencement of any works on site, the developer shall
               make an application to Southern Water for a Certificate for
               Certifiable Work (Plumbing).

           (b) Prior to issue of a Certificate of Certifiable Work (Plumbing) from
               Southern Water, the developer must lodge with Southern Water for
               approval engineering design plans prepared by a registered
               professional engineer at the developer’s cost showing the
               hydraulic servicing requirements for water and sewerage, generally
               in accordance with the requirements of the submitted sewer and
               water layout plan as detailed above. The engineering design plans
               must comply with the Sewerage Code of Australia and the Water
               Code of Australia - Melbourne Retail Water Agencies Integrated
               Code version published by the Water Services Association of
               Australia and be to the approval of Southern Water Executive
               Manager Asset and Service Strategy. Refer to advice below.

           (c) Connection of the new sewer and water infrastructure to existing
               infrastructure must be undertaken by Southern Water at the
               Developer’s cost.

           (d) A 100mm standard sewer connection shall be provided to each lot,
               including the existing house on Lot 17.

           (e) A 20mm nominal size water service must be installed to Southern
               Water’s standard details to each lot, including the existing house
               on Lot 17. Meters shall be provided.

           (f)   All existing private water and sewerage installations must be
                 separated so that they are only within the lot they service.

           (g) The proposed development must be provided with adequate fire
               protection to meet the requirements of the Australian Standards
               and the Tasmania Fire Service at the developer’s cost.

           (h) Prior to endorsement of the titles for sealing by the planning
               authority, the Plan of Survey must include drainage easements
               over all proposed sewer mains with pipes located by survey
               centrally within the easement, except within highway reservations.
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                 The minimum easement width for a single pipe within the easement
                 shall be 2.5m and the easement must be in the name of the
                 Tasmanian Water and Sewerage Corporation (Southern Region) Pty
                 Ltd. The minimum easement width for two pipes within the
                 easement shall be 3.0m and the easement must be in the name of
                 the Council and the Tasmanian Water and Sewerage Corporation
                 (Southern Region) Pty Ltd.

           (i)   “As constructed” drawings for all services and connections in both
                 hard copy and digital formats must be provided to Southern Water
                 prior to the works being placed on maintenance. Digital format
                 must be in a format acceptable to Southern Water.

           (j)   A detailed estimate for the works must be provided and payment of
                 the engineering assessment fee must be made prior to the issue of
                 approved engineering drawings. Construction must not commence
                 until the approved engineering plans have been issued.

           (k) The Applicant must take care to protect Southern Water’s assets.
               Any damage to Southern Water’s assets must be promptly reported
               to Southern Water and will be repaired at the developer’s cost.

           (l)   Prior to endorsement of the titles for sealing by the planning
                 authority, the developer must pay to Southern Water a water
                 infrastructure developer charge for twenty (20) equivalent tenement
                 for the amount currently of $1005 (one (1) credit has been applied
                 for the existing tenement). The actual amount paid must be based
                 on the rate adopted by Southern Water and prevailing at the time of
                 payment.

           (m) Prior to endorsement of the titles for sealing by the planning
               authority, the developer must pay to Southern Water a sewerage
               infrastructure developer charge in accordance with Southern
               Water’s Developer Charge Policy for twenty (20) equivalent
               tenement for the amount currently of $1,015 (one (1) credit has
               been applied for the existing tenement). The actual amount paid
               must be based on the rate adopted by Southern Water and
               prevailing at the time of payment.

ADVICE

      i.            A copy of this document and the submitted drawings and/or
                    documents listed in the above schedule should be included in the
                    council permit.

     ii.            Any works required for the subdivision require approval from
                    Southern Water in the form of a Certificate for Certifiable Work
                    (Plumbing). The application form for this certificate is available
                    on the internet at the Southern Water site form designation
                    BP02A:
                    http://www.southernwatertas.com.au/SouthernWater/Your+develo
                    pment/Development+forms.

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     iii.           The selection of construction organisation to construct any water
                    and sewerage related infrastructure (private contractor or
                    Southern Water) will be determined and advised in the Certificate
                    for Certifiable Work (Plumbing).

     iv.            The engineering design drawings must show and include where
                    applicable:

                    •     All sewerage and water infrastructure, sized and constructed
                          through to the extremities of the development site and allow
                          for future development within the sewerage hydraulic
                          catchment and water supply zone for adjacent and
                          surrounding land;

                    •     A 20mm nominal diameter minimum water connection from
                          the road frontage to the lot. The connection size nominated in
                          this certificate is the minimum size that is permitted. The
                          developer must design the connection size to meet the
                          requirements of the development and the Australian
                          standards. Larger connections may be provided for multi-
                          residential development;

                    •     100mm nominal diameter sewer connection(s) to the lowest
                          reduced level on the lot(s);

                    •     150mm nominal diameter minimum sewer main extension(s)
                          as required. The pipe material for sewer mains is typically
                          uPVC SN8 DWV;

                    •     Show existing water and sewer mains relevant to the
                          development and any modifications to surface levels;

                    •     Show removal and sealing of redundant connection(s).

                    •     Separation of all private water and sewerage installations so
                          that they are only within the lot they service.

                    •     Fully dimensioned details of proposed water and sewerage
                          assets/connections with plan views and longitudinal sections
                          for sewers.

                    •     A staging plan of hydraulic infrastructure (if applicable).

                    •     A notation(s) that live works such as a connection(s) to
                          existing hydraulic mains, sealing of redundant connection(s)
                          are to be carried out by Southern Water at the developer’s
                          cost.

                    •     A plan showing erosion and sedimentation control measures
                          meeting the requirements of the Hobart Regional Soil and
                          Water Management Code of practice.


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                    •     The engineering plan approval shall be valid for a maximum
                          period of two (2) years from the date of Southern Water
                          endorsement, and if practical completion has not been
                          achieved within this time limit, the engineering plans shall be
                          subject to re-assessment in light of the appropriate Southern
                          Water standard prevailing at the time.

                    •     The Council must refer the Plan of Survey to Southern Water
                          for the approval of the Executive Manager Asset and Service
                          Strategy.

13.        All redundant vehicular access from the carriageway of the Council
           maintained road(s) must be removed and the kerb and guttering or road
           edge reinstated to match the existing in a smooth and continuous
           fashion.

14.        Prior to sealing the Final Plan of Survey the developer must
           demonstrate that all roadworks and stormwater works satisfy the
           requirements of the Department of Infrastructure, Energy and
           Resources.

15.        Prior to the commencement of works, engineering design drawings
           must be submitted to and approved by Council’s Manager
           Infrastructure Services. These drawings must form part of this permit
           when approved. The plans must be prepared in accordance with all
           relevant Australian Standards including AS1100 and show:

           (a)      All existing and proposed services required by this permit;
           (b)      All existing and proposed roadwork required by this permit;
           (c)      Measures to be taken to provide sight distance in
                    accordance with the relevant standards of the planning scheme;
           (d)      Stormwater disposal plan to demonstrate how stormwater from
                    each lot is to be disposed of in a legal manner and which makes
                    provision for an agricultural drain with a surface pit through lots
                    7 to 11;
           (e)      Any other work required by this permit.

           The cost of implementing all works shown on the approved engineering
           design drawings is the sole responsibility of the developer.

16.        Roadwork’s and drainage must be constructed in accordance with
           Council’s By-laws, municipal standard drawings and specifications.
           Roadworks must include:

           (a)      Concrete access to each lot;

           (b)      Subdivision Roads
                    (i) Fully sealed paved and drained carriageway 6.0 metres wide
                    lip of kerb to lip of kerb, with concrete kerb and channel both
                    sides;


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                    (ii) Pavement radius at corners to be 10 metres minimum;
                    (iii) Concrete footpaths 1.35 metres wide from the back of the
                    kerb on both sides;
                    (iv) Underground drains;

           (c)      Cul-de-sac at the end of the subdivision road
                    (i) Fully sealed, paved and drained turning circle with a pavement
                    radius of 8.5 metres to lip of kerb.
                    (ii) Concrete footpaths 1.35 metres wide from back of kerb for the
                    full perimeter of the cul-de-sac;
                    (iii) Underground drains.

           (d)      Turning head at the end of the subdivision road
                    (i) Designed to accommodate Council’s kerbside waste collection
                    vehicle;
                    (ii) Fully sealed paved and drained surface with kerb and channel
                    (iii) Underground drains;

           (e)      Huon Highway Subdivision Road Junction.
                    (i) Signed and line marked Type AU Junction.

17.         The continuing leg of the subdivision road must be the east and south
           legs and the northern leg must be the terminating leg. To achieve this,
           the junction of the two subdivisional roads and lots 1, 2, 17 and 21 must
           be redesigned to ensure to reduce the angle of corners for the required
           continuing leg from 90 degrees to between 45 and 60 degrees. The
           terminating leg must be provided with a mountable kerb line, suitable
           traffic signage and be constructed of different pavement materials for a
           minimum 10m from the junction.

18.        A 12 metre wide road reservation (6 metres from the centreline of the
           carriageway) of the Subdivision Roads and a road reservation with a
           minimum radius of 12.5 metres for the turning circles (Cul-de sac) at the
           end of the Subdivision Roads and around the footprint of the Turning
           Head at the end of the subdivision road must be created for that part of
           the road traversing the proposed title as shown on the proposal plan
           and to the satisfaction of the Council’s Manager Infrastructure Services.
           Such land must be dedicated as "Road" on the Final Plan of Survey.

19.        The corner of the road reservation of The Huon Highway and the
           Subdivision Road and the corners of the internal Subdivision Roads
           must be splayed or rounded by chords of a circle 6m radius. Such land
           must be dedicated as “Road” on the Final Plan of Survey.

20.        The developer must ensure that the engineering design drawings
           required by Condition 15 of this Permit are consistent with any approval
           or requirements of the Department of Infrastructure, Energy and
           Resources with respect to access and road construction and
           stormwater.

21.        The developer must pay for the installation of a street sign and
           standard for all new roads within the subdivision.

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22.        Prior to the development of the land commencing on site or within a
           council road reservation, a “start work” notice must be lodged with and
           accepted by the Council’s Manager Infrastructure Services.

23.        Not less than 48 hours written notice must be provided to Council
           before reaching any stage of works requiring inspection by Council
           unless otherwise agreed by the Council’s Manager Infrastructure
           Services.

24.        Prior to the completion of the maintenance period “as constructed”
           drawings must be provided to the satisfaction of the Council’s Manager
           Infrastructure Services of all engineering works provided as part of this
           approval. These drawings must be prepared by a qualified person
           familiar with Council’s requirements and standards and must be
           provided in hard copy (2 No. Required) and in digital format (AUTO
           CAD).

25.        All works must be carried out under the direct supervision of an
           approved practising professional civil engineer engaged by the owner
           and approved by the Council.

26.        All works must be carried out by a Civil Contractor engaged by the
           owner and approved by Council.

27.        All disturbed surfaces on the land, except those set aside for roadways,
           footways and driveways, must be covered with top soil and, where
           appropriate, revegetated and stabilised to the satisfaction of the
           Council’s Manager Infrastructure Services.

28.        The developer must negotiate with private land owners any drainage
           easements required to ensure that all stormwater generated by the
           proposed subdivision is discharged legally.

29.        All lots must be provided with underground telecommunication
           connections.   The    developer     must     contact Telstra  on
           www.telstrasmartcommunity.com      prior    to   the development
           commencing to arrange design and installation.

30.        Underground electrical reticulation only must be provided for power
           and street lighting in accordance with the requirements of Aurora
           Energy Pty Ltd.

31.        Street lighting must be provided at the junction of the Huon Highway
           and the new subdivision road and throughout the roads within the
           subdivision in accordance with the requirements of Aurora Energy Pty
           Ltd.

32.        All approved engineering works carried out by the owner must be
           maintained and repaired to the satisfaction of the Council’s Manager
           Infrastructure Services for twelve (12) months after the issue of
           practical completion.


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     33.        The developer must pay to Council prior to the commencement of any
                works associated with the subdivision an engineering plan checking
                fee for compliance with the requirements of this permit calculated at 1%
                of the contract value of the construction works or 1% of the estimated
                cost of the engineering works as prepared by the Consulting Engineer
                if a contract has not been let.

     34.        A Bond or Bank Guarantee to the value of 10% of the contract value of
                the construction works associated with the subdivision shall be lodged
                with Council for the duration of the maintenance period of the works.
                The Bond or Bank Guarantee or approved security will only be released
                on satisfactory completion of any works required during the
                maintenance period as determined by Council.

     35.        Prior to the works being taken over by Council evidence must be
                provided from a registered surveyor that the subdivision has been re-
                pegged following completion of substantial subdivision construction
                work.

     36.        The cost of any alterations to and/or reinstatement of existing services,
                private property or Council infrastructure incurred in the proposed
                development works must be at the expense of the developer. Any work
                so required must be specified and undertaken by the appropriate
                authority concerned.

     37.        A 3.0metre wide drainage easement in favour of the Huon Valley
                Council must be created adjacent to the north eastern boundary of the
                property.

     38.        Easements must be created over all drains, pipelines, wayleaves and
                services in accordance with the requirements of the Council’s Manager
                Infrastructure Services. The cost of locating the pipes and creating the
                easements must be at the developer’s full cost.

     39.        At the time of lodging the Final Plan, the subdivider must ensure that all
                conditions of approval have been satisfied. It is the subdivider’s
                responsibility to provide advice to Council that the conditions of
                approval have been satisfied. The Final Plan will not be dealt with until
                such time as this advice has been provided. If further inspections are
                required to inspect substandard or faulty work Council will charge a fee
                for every additional inspection conducted.

b)     The Planning Permit, a copy of the application for the Permit and any
       documentation submitted with that application be forwarded to the
       Commission in accordance with the requirements of the Land Use Planning
       and Approvals Act 1993.

c)     The Planning Permit, a copy of the application for the Permit and any
       documentation submitted with that application be publicly exhibited with the
       Draft Amendment PSA-2/2009 for a period of 21 days.


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d)         If no representations are received during the public exhibition period, a
           Report be provide to the Commission pursuant to section 43F of the Land Use
           Planning and Approvals Act 1993 advising the Commission that:

           •   No representations were received in respect of the Planning Permit; and
           •   Council recommends that the Planning Permit be approved without
               modification.

THE AMENDMENT WAS PUT AND LOST

     •     Councillors Smith, Duggan & Woodruff voted for the amendment & Councillors
           Heron, Wilson, Doyle & Gudden voted against the amendment.

THE MOTION WAS PUT AND CARRIED

     •     Councillors Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff voted for the
           motion & no Councillors voted against the motion.




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Mayor Armstrong returned to the meeting and resumed the Chair at 6.55pm.

Title                                       DEVELOPMENT APPLICATION -
                                            MR B C WRIGHT AND MRS R L WRIGHT
                                            - 51 BAY VIEW ROAD, DOVER
Agenda Number                               18.046/09*
Strategic Plan Reference                    NA04
File Reference                              5263256
Author                                      Senior Planning Officer
Responsible Officer                         Senior Planning Officer
Reporting Brief                             Manager Planning and Legal Services presenting a report
                                            on behalf of the Senior Planning Officer on a Development
                                            Application for a proposed addition requiring relaxation of
                                            height and change of use to provide for 5 holiday flats and
                                            reception area at 51 Bay View Road, Dover.

REPORT

APPLICANT:                                       Mr B C Wright and Mrs R L Wright

OWNER:                                           Mr B C Wright and Mrs R L Wright

PROPOSAL:                                        Addition requiring relaxation of height and change of
                                                 use to provide for 5 holiday flats and reception area

LOCATION:                                        51 Bay View Road, Dover

PROPERTY ID NUMBER:                              5263256

APPLICATION NUMBER:                              DA-155/2009

PLANNING SCHEME:                                 Esperance Planning Scheme 1989

ZONING:                                          Residential A Zone

DEVELOPMENT STATUS:                              Discretionary

APPLICATION RECEIVED:                            16 July 2009

APPLICATION ADVERTISED:                          7 October 2009

OBJECTIONS CLOSED:                               20 October 2009

REPRESENTATIONS:                                 1 received during the advertising period




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DESCRIPTION OF PROPOSAL

Application is made to convert an existing three storey manager’s residence (which
includes a reception area) into five tourist accommodation units. Four of the units would
be created through internal alterations to the existing building. A fifth unit requires the
construction of an addition to the upper storey. A new reception area is also proposed in a
6.8m X 4.9m building addition on the lower level.

The works would result in a lower level that provides a reception area and office space for
staff. The second level would provide three single bedroom units each with kitchen,
bathroom and living areas. The third level would provide two single bedroom units each
with kitchen, bathroom and living areas.

The proposed building additions to the third level consist of a 6.84m X 7.16m ‘pop-top’
style addition on the eastern side of an existing ‘pop-top’. A new balcony is proposed on
the southern elevation and access to the two units would be via a new landing on the
northern elevation. The height of the addition is to match the height of the existing
dwelling.

Weatherboards and Colorbond roof to match the existing building are proposed for the
addition.

Five new car parking spaces are proposed north-east of the current manager’s residence
and are to be screen from adjoining land through landscaping.

SITE AND LOCALITY

‘Driftwood Cottages’ is comprised of several titles between Bayview Road and Chapman
Avenue that contain several self-contained tourist accommodation units. Access is
available from Bayview Road and Chapman Avenue with an internal driveway running
through the site.

The site has an average slope of approximately 1 in 3.5 with a southerly aspect. The site
does not contain remnant vegetation.

PREVIOUS DEVELOPMENTS/SUBDIVISIONS ON LAND

Additions to the manager’s residence, including its current upper storey, were approved
through Building Permit BA-153/2003. No Development Permit was required for this work.

DISCUSSION

Planning Scheme

The subject land is zoned Residential A under the Esperance Planning Scheme 1989 (the
Scheme). Tourist accommodation is a discretionary use in this zone.




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Intent of zone

The Intent of the Residential Z zone is:

   (a)      To provide for residential development at normal urban densities.
   (b)      To maximise the use of existing and planned infrastructure.
   (c)      To ensure that new development is compatible with residential amenity and
            existing character.

The site is connected to reticulated water and sewerage. As discussed below, it is
considered that the proposal will not have an adverse effect on adjoining residential
properties of the existing character of the area. Accordingly, it is considered that the
proposal is consistent with the intent of the zone.

Subdivision standards

Part 6 of the Scheme prescribes a front and rear setback of 3m and a side setback of 1m.
The proposal complies with these setbacks.

Height

Part 6 of the Scheme prescribes a maximum height of 7m or 2 storeys, whichever is the
lesser.

The existing manager’s residence is constructed on an approximately 2m deep cut into the
site. Under the Scheme, height:

         means the maximum vertical distance from any part of a building (not being a minor
         protrusion thereof,) to the natural surface level existing prior to the construction of
         that building, directly below that point

The natural surface level existing prior to the proposed addition is the finished floor level of
the existing dwelling, rather than the level that would have existing prior to the cut. Thus,
the proposal has a maximum height of 9.85m. The maximum height based on the likely
surface level prior to the construction of the manager’s residence would be 8.2m.

The proposed relaxation should be assessed having regards to potential impacts on views,
privacy, solar access and streetscape.

Views

The Scheme does not explicitly give consideration to impacts on views. Clause 3.9.2 (d)
requires that Council has regard to whether the proposal is satisfactory in terms of its
siting, size and appearance in relation to various matters include ‘adjoining land’.

The proposal will have a detrimental impact on views from adjoining property but to a
minor and insignificant degree only. Dwellings at 35 and 36 Chapman Avenue both obtain
views over the current roof line of the manager’s residence where the addition is proposed.




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36 Chapman Avenue is directly behind the subject site and from the living room enjoys
approximately 145 degree views to either side of the manages residence and around to
Blubber Head. Some 5 degrees of this viewing angle is block by the existing development
on the subject site. Directly over the roofline of the manager’s residence, water views are
available of Port Esperance as well as longer views of bushland above Narrows Road.
The proposal would block the water views of Port Esperance and retain longer views of the
bushland. However, given the extent of significant views that would remain available from
this dwelling the impact is not considered to be significant or to cause an unreasonable
impact to adjoining land.

35 Chapman Avenue is located on the northern side of the street and similarly enjoys wide
views over Port Esperance. The proposal will also cause a loss of some of the present
views but this is not considered to be significant or to cause an unreasonable impact to
adjoining land.

Privacy

The height of the proposal could result in overlooking at the adjoining dwelling at 35
Chapman Avenue. Unit 4 and 4 on the upper level would both provide kitchen areas
which are accessed externally via doors onto the new landing. To alleviate this concern it
is considered appropriate to require that all external doors and windows be made of
obscure glass or similar.

Solar access

Overshadowing impacts are almost solely limited to land within the Driftwood Cottages
complex. This includes two existing units south of the manager’s residence. The
adjoining land to the west (in the same ownership of Driftwood Cottages) would not
experience any increase in overshadowing. The adjoining land to the east contains a
dwelling some 28m away from the proposal.             This land will likely suffer some
overshadowing in the late the afternoon particularly during winter when the angle of the
sun is lower. However, this impact would be for a limited period of the day only and is not
considered to be significant.

Streetscape

Clause 3.9.2 (d) (iii) requires that Council has regard to the siting, size and appearance of
a proposal in relation to the streetscape. The proposed addition in the context of the site
and existing development is relatively minor and it is considered that no adverse impacts
would result. The appearance of the site may well improve as the addition would result in
a more balanced building form.

Given the above the proposed height relaxation would not cause any significant or
unreasonable impact to adjoining land. Accordingly, it is considered that the relaxation
could be granted in this instance.

Parking

Schedule 3 of the Scheme requires 1 space per unit. As 5 new spaces are proposed the
proposal complies with this Standard.


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The layout of the proposed car parking is considered adequate and provision has been
made for landscaping, drainage and gradient.

Access

The site has access from Bay View Road and Chapman Avenue and both accesses are
considered adequate for the additional traffic movements that will be generated by the
proposal.

Land Stability

Clauses 3.9.2(c)(i) and (ii) of the Scheme require Council to take into consideration
whether any part of the land is subject to known landslip, soil instability, erosion hazard or
excessive slope.

In addition, Clause 7.12.1 of the Scheme provides that land which comprises soils of
known or suspected instability, has a slope of greater than 1 in 4, or is filled or reclaimed
land shall be deemed subject to unstable land hazard.

The GIS contours show that the land has an average slope of approximately 1 in 3.5.
Geological mapping published by the Department of Infrastructure, Energy & Resources
indicates that the site is underlain by Jurassic aged dolerite.

Land with slopes greater than the threshold slope angles described in the table below are
regarded as potentially unstable.


             Geology Type                                               Threshold Slope angle
                                                                        Degrees Percent Slope
             Quaternary aged Sediment and Talus landforms               7o        12%       1:8
             (Sand gravel clay fill reclaimed land)
             Tertiary aged Sediments (Agglomerate clay           5o                   9%           1:11
             sand gravels)
             Tertiary aged Basalt (Red/brown/clay soils)         12o                  21%          1:5
             Jurassic aged Dolerite (Bluestone)                  15o                  27%          1:4
             Triassic/Permian aged Sediments                     10o                  18%          1:6
             (Sandstone/mudstone)
Hobart City Council, Assessing Land for Instability, (Hobart, Tas, HCC)

In this case the slope of the land in the area of the development is above the threshold
values for the geological type and care will be needed in developing this land. However,
as the proposal is for a relatively minor addition only it is reasonable for this issue to be
addressed through the building approval process and that no condition on any permit
would be warranted.

Flooding

Clauses 3.9.2(c)(iii) of the Scheme requires Council to take into consideration whether any
part of the land is subject to ponding or flooding.

No maps designating flood prone land are available, however, as this land is not located
adjacent to a watercourse, which is known to flood, no conditions are required in this
regard.
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Bush Fire Hazard

Clauses 3.9.2(c)(iv) and 7.14 of the Scheme requires Council to take into consideration
whether any part of the land is subject to bushfire hazard.

Under Planning Note 11 issued by the (then) Land Use Planning Review Panel, land
subject to Bushfire Hazard is defined as follows:

       land with a standing vegetation area greater than one (1) hectare in extent, with a
       one hundred (100) metre wide buffer zone around the standing vegetation.

The site is not within 100 metres of vegetation greater than 1ha in extent and therefore it is
not subject to a bushfire hazard.

Heritage

The place is not listed on the Tasmanian Heritage Register.
All new use and development must comply with the Aboriginal Relics Act 1975 which is
aimed at protecting Aboriginal heritage. If any relics are located during construction, this
Act contains procedures for their protection.

Flora and Fauna

Council records (GIS mapping for TASVEG 2000 Strategy) indicate that the land does not
contain any rare, vulnerable or threatened vegetation communities. As a result the
existence of threatened fauna is also considered unlikely.

Southern Water requirements

Under the Water and Sewerage Industry Act 2008, Council was required to refer the
application to Southern Water.

Southern Water required that Council impose two conditions on any permit granted. One
condition requires the developer to pay to Southern Water a $12,000 community
infrastructure contribution towards water and sewer infrastructure.

Infrastructure Services requirements

There are no infrastructure services issues relevant to this application.

Health requirements

There are no environmental health issues relevant to this application.

Natural Resource Management requirements

There are no NRM issues relevant to this application.




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State Policies

State Policies are made under the State Policies and Projects Act 1993 (the Act). As
specified by section 13C of the Act, the Council is bound by State Policies and under
section 13(1), if a planning scheme is inconsistent with a State Policy, the planning
scheme is void to the extent of that inconsistency.

State Policy on Water Quality Management 1997

The State Policy on Water Quality Management 1997 came into operation on
27 September 1997. Clause 31.5 of this Policy requires that a use or development be
consistent with the physical capacity of the land so that the potential for erosion and
subsequent water quality degradation is minimised.

In view of the area of site disturbance a Soil and Water Management Plan (SWMP) is not
required in accordance with the Guidelines for Soil and Water Management, HMCA,
Hobart, June 1999. It is therefore considered that the risk of the transport of sediments
into surface waters such that environmental harm might be caused either during the
carrying out of works or the subsequent use of the land is acceptable.

On the above basis the development is considered to comply with the Water Quality
Policy.

State Coastal Policy 1996

The subject land is located within one kilometre of State waters and as such the State
Coastal Policy 1996 applies to this proposal. The principles of the Policy are:

       Natural and cultural values of the coast shall be protected.
       The coast shall be used and developed in a sustainable manner.
       Integrated management and protection of the coastal zone is a shared
       responsibility.

The proposed addition and tourist accommodation use will have no adverse impact on
coastal values or other matters considered by the Policy. As such, it is considered that the
proposal will not prejudice the purposes of the Policy.

State Policy on Protection of Agricultural Land 2009

The State Policy on the Protection of Agricultural Land 2009 became effective on 3
September 2009. A comprehensive implementation strategy for this new Policy is
currently being prepared by the TPC and this may include implementation guidelines.

The purpose of the Policy is

       To conserve and protect agricultural land so that it remains available for the
       sustainable development of agriculture, recognising the particular importance of
       prime agricultural land.

The site is located within a town and has no agricultural potential. As the site is not
agricultural land the Policy is not a relevant matter for consideration.

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Representations

Council received one representation during the statutory advertising period raising
concerns that the proposal would impact on views from the bedroom and living room of an
adjoining dwelling.

Planning Officer Comments

The impact of the proposal on views was discussed previously. It is considered that the
impact will not be significant or unreasonable and that this issue does not warrant refusal
or modification of the application.

Land Use Planning and Approvals Act 1993

The application has been submitted in accordance with section 57 of the Land Use
Planning and Approvals Act 1993 (the Act). The application was advertised in accordance
with the Act and 1 representation was received. The issues raised in the representation
have been discussed earlier in this report.

CONCLUSION

Provided the proposal is undertaken as outlined in this report, it is considered to be in
keeping with the intent and development provisions for the Residential A zone, the
objectives of the Scheme and the Act and the relevant State Policies in force at the time of
writing this report, and is to be recommended for approval subject to conditions.

18.046/09*
RESOLVED                                    CR DUGGAN                             CR GUDDEN

That a permit be granted for the proposed development for BC & RL Wright at
51 Bay View Road, Dover for an addition requiring relaxation of height and change
of use to provide for 5 holiday flats and reception area submitted to Council in
accordance with section 57 of the Land Use Planning and Approvals Act 1993,
subject to the following conditions:

1. Use and development of the land must be substantially in accordance with DA –
    155/2009, the documents endorsed by Council and as amended by this Permit.
   The consent relates to the use of land or buildings irrespective of the applicant
   or subsequent occupants, and whomever acts on it must comply with all
   conditions in this Permit. Any amendment, variation or extension of this Permit
   requires further planning consent of Council.

2. The use and development must accord with the Esperance Planning Scheme
   1989.

3. A total of five additional off street car parking spaces must be provided on the
   site in accordance with drawing SK.01a submitted to Council on 29 August 2009.
   Each space must be clearly defined and marked and kept available for parking at
   all times. Each space must have a minimum dimension of 5.5 metres X 2.5
   metres.


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   The dimensions, arrangements, access and general design criteria for car
   parking spaces are to be in accordance with Australian Standard 2890-1 Off
   Street Parking Part 1 – Car Parking Facilities.

   The developer is to landscape the site between the property boundaries to the
   south and east of the car parking area.

   The developer must ensure that runoff from the car parking area is collected and
   appropriately discharged to the satisfaction of Council’s Manager Infrastructure
   Services.

4. Vehicular access must be provided from the carriageway of the road onto the
   property. Any new or existing access must be in accordance with Council
   requirements.

   An application is to be made to Council’s Infrastructure Services for a Permit
   prior to the commencement of any work within the Council road reservation.

5. All windows and doors on the northern elevation of Units 4 and 5 must be
   constructed of solid material and/or opaque glass.

6. The following conditions are required by Southern Water:

   (a)prior to the issue of a Certificate of Certifiable Work the developer must pay
      to Southern Water a Community Infrastructure Contribution for water and
      sewerage infrastructure of $12,000.00 for the net increase in 4 new units to be
      constructed onsite.

   (b) If the proposed development requires upgrading of property services, an
       application must be made to Southern Water using form WS01A which can be
       found on the Southern Water website.

   Advice:

   Due to the development of 5 new units and the removal of the manager’s
   residence, the new increase in kitchens and bathrooms is equivalent to an
   additional 4 units. This net increase of 4 units has been used as the basis for
   calculating headworks charges based on $1,500 each for water and sewerage
   contributions.

7. The cost of any alterations to and/or reinstatement of existing services, private
   property or Council infrastructure incurred in the proposed development works
   must be at the expense of the developer. Any work so required must be
   specified and undertaken by the appropriate authority concerned.

   •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
         voted for the motion & no Councillors voted against the motion.




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Title                                       DEVELOPMENT APPLICATION - G HILLS &
                                            PARTNERS ARCHITECTS - LOT 7 OF LAND TO THE
                                            SOUTH OF 7 SOLLY COURT, CYGNET (CT 157478/7)
Agenda Number                               18.047/09*
Strategic Plan Reference                    NA04
File Reference                              2976816
Author                                      Development Assessment Officer
Responsible Officer                         Development Assessment Officer
Reporting Brief                             Manager Planning and Legal Services presenting a
                                            report on behalf of the Development Assessment Officer
                                            on an application for a planning permit for a proposed
                                            dwelling requiring relaxation of setbacks on Lot 7 of land
                                            to the south of 7 Solly Court, Cygnet (CT 157478/7).

APPLICANT:                                       G Hills & Partners Architects

OWNER:                                           Mr M J Cowen

PROPOSAL:                                        Dwelling requiring relaxation of setbacks

LOCATION:                                        Lot 7 of land to the south of 7 Solly Court, Cygnet
                                                 (CT 157478/7)

PROPERTY ID NUMBER:                              2976816

APPLICATION NUMBER:                              DA-206/2009

PLANNING SCHEME:                                 Port Cygnet Planning Scheme 1988

ZONING:                                          Closed Residential

DEVELOPMENT STATUS:                              Discretionary

APPLICATION RECEIVED:                            4 September 2009

APPLICATION ADVERTISED:                          18 September to 1 October 2009

REPRESENTATIONS:                                 1 received during the advertising period

DESCRIPTION OF PROPOSAL:

The proposal is to construct a single storey dwelling on the subject property. The
proposed dwelling would a have a floor area of 348m², four bedrooms, an internal garage,
an attached raised deck, rendered masonry walls, and a Colorbond roof. The proposed
dwelling requires a relaxation of a side setback and the rear setback. The development
would use an existing vehicular access from Solly Court.


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SITE AND LOCALITY:

The subject site is a 1005m² irregular shaped lot with frontage to Solly Court. The property
is a residential lot within a new subdivision in an eastern part of Cygnet. The property is
on the southern side of the subdivision, off a cul-de-sac at the end of Solly Court which
enters the subdivision from the north. The property is cleared and slopes gradually
downward from its front boundary with the cul-de-sac to its southernmost corner.
Reticulated services are available to the property.

The other lots within the subdivision are yet to be developed so the adjoining land
immediately to the east, north, and west is currently vacant. Land to the south and east of
the subject property is mostly pasture contained within relative larger titles and the
Scheme’s Rural A zone. The Cygnet CBD is approximately 1km to the west of the subject
property.

Zone Intent:

The relevant clauses of the intent of the Closed Residential zone are:

6.4.1 “to provide areas where residential use and amenity are given priority. An objective
      of the zone is to maximise use of the existing infrastructure and opportunities for its
      logical and economical extension, and to ensure that only land uses which are
      compatible with a pleasant residential living environment are permitted”.

Comment: The proposal complies with this clause as it constitutes residential
development within an existing subdivision.

6.4.2 “Full utility services to Council’s satisfaction are required within this zone including
      reticulated water supply, reticulated sewerage disposal, electricity, sealed roads
      kerbed and guttered, footpaths, street lighting. Where considered appropriate
      Council may require underground electric power reticulation”.

Comment: The proposal complies with this clause as the subject property is provided with
all of the above services.

Conclusion: The proposal complies with the intent of the Closed Residential zone.

Setbacks:

Schedule 6 in the Scheme prescribes a front boundary setback of 5m and side and rear
setbacks of 2.5m in the Closed Residential zone. The proposed development does not
comply with a side (east) and a rear (south) setback. The proposed dwelling would
achieve a setback of approximately 1.8m from the subject property’s eastern and southern
boundaries. Granting a relaxation of the side setback is recommended as only a corner of
the proposed dwelling is within the setback. The majority of the dwelling complies with the
setback requirement from this boundary. Granting a relaxation of the rear setback is also
recommended as the property adjacent to the affected boundary is rural land and any
future development upon it is unlikely to be constructed close to the subject property. The
setbacks that would be achieved by the proposed dwelling are considered acceptable and
to provide adequate separation between it and any likely future development.


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Height:

Part 7.10.1 of the Scheme states that residential buildings shall be no more than two
storeys or 8 metres in height. The proposed development complies with the height
restrictions under the Scheme.

Parking:

Schedule 4 of the Scheme prescribes the minimum number of car parking spaces to be
provided. One space is required for a house. The proposal complies with this requirement
as the proposed dwelling’s internal garage would provide the required space.

Access:

The property has an existing access to Solly Court which is managed and maintained by
Council. As this access was installed relatively recently as a result of the subdivision
which created the subject property in accordance with Council’s current standards it is
considered acceptable.

Land Stability:

Clauses 3.8.2(c)(i) and (ii) of the Scheme require Council to take into consideration
whether any part of the land is subject to landslip, soil instability, erosion or excessive
slope. Council’s GIS indicates that the average gradient of the proposed development site
is less than 5° and that the subject site is underlain by Permian aged sediments. The site
is not considered likely to be subject to any of the above hazards as this gradient is below
the threshold gradient above which land underlain by this geological type is considered to
be potentially unstable.

Flooding:

Clause 7.15.1 of the Scheme states that:

“No development shall occur in an area designated as flood prone on the maps or
considered by Council to be flood prone unless:

(a)     The developer indemnifies Council against any claim that may arise from the loss of
        or damage to property as a result of flooding.
(b)     The developer is able to produce a certificate for (sic) a qualified engineer stating
        the foundations and other parts of the structure will not be subject to movement or
        instability as a result of the condition of the land on which the structure is to be
        built”.

There are no flood maps showing the subject property available, however, as the property
is not located adjacent to a watercourse which is known to flood, a relevant condition is not
considered necessary.




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3 metre AHD:

Clause 7.14 of the Scheme requires any use or development (including subdivision) of
land with a natural ground level below 3 metres Australian Height Datum (A.H.D.) to be in
accordance with the provisions of that section. Council’s GIS indicates that the
development site is above 3 metres AHD. Therefore this clause is not relevant to the
application.

Non-reflective materials:

Clause 7.10 of the Scheme requires the use of non-reflective materials that blend with the
landscape and surrounds in construction.

The proposed development’s colour scheme is not specified on the submitted plans.
Therefore, a condition of approval should be that, prior to the issue of a building permit for
the development; the applicant must provide these details to Council’s satisfaction.

Bush Fire Hazard:

Clause 3.8.2(c)(iv) of the Scheme requires Council to take into consideration whether any
part of the land is subject to bushfire hazard. Under Planning Note 11 issued by the (then)
Land Use Planning Review Panel, land subject to Bushfire Hazard is defined as:

“land with a standing vegetation area greater than one (1) hectare in extent, with a one
hundred (100) metre wide buffer zone around the standing vegetation.”

The development site is not within 100 metres of bushland greater than 1ha in area.
Therefore, the proposal is not considered subject to bushfire hazard.

Heritage:

The place is not listed on the Tasmanian Heritage Register.

Flora:

Council’s GIS indicates that the subject property does not contain a threatened vegetation
community.

Southern Water Comments:

The Council was not required to refer the application to Southern Water.

Infrastructure Services Comments:

The application was not referred to Council’s Infrastructure Services Department as it
would not affect vehicular access to the subject property.

Environmental Health Officer Comments:

The application was not referred to Council’s Environmental Health Officer.


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Natural Resource Management Unit Comments:

The application was not referred to Council’s Natural Resource Management Unit.

State Policies:

State Policy on Water Quality Management 1997:

The State Policy on Water Quality Management 1997 came into operation on
27 September 1997. Clause 31.5 of this Policy requires that a use or development be
consistent with the physical capacity of the land so that the potential for erosion and
subsequent water quality degradation is minimised.

A Soil and Water Management Plan (SWMP), in accordance with the Guidelines for Soil
and Water Management (HMCA, Hobart, June 1999), is required for the proposed
development as:

   (a) the total site disturbance is expected to exceed 250 square metres,
   (b) the average gradient of the development site is greater than 20%, and/or,
   (c) the development site is located close to a waterway.

The development is considered to comply with the Water Quality Policy provided the
SWMP is implemented as required. A condition of approval should be that the developer
must submit a SWMP for the development site prior to the issue of a building permit for the
development. The condition should further state that the SWMP must be implemented
and maintained prior to and during construction of the development.

State Coastal Policy 1996:

The State Coastal Policy 1996 applies to this proposal as the subject land is located within
one kilometre of State waters. The principles of the policy are:

“Natural and cultural values of the coast shall be protected;
The coast shall be used and developed in a sustainable manner;
Integrated management and protection of the coastal zone is a shared responsibility”.

The proposal is consistent with the policy as the proposed development would be within an
establishing residential area and not a sensitive coastal location.

State Policy on Protection of Agricultural Land 2009:

This policy applies to all agricultural land in Tasmania. However, the subject property is
located within an establishing residential area which is not considered agricultural in
nature. Therefore, this policy is not relevant to the proposal.

Representations:

Council received a single representation regarding the application during the statutory
advertising period.


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The representors own the similar sized adjoining property to the west of the subject
property. They state that they intend to construct a dwelling on this property and have
provided the attached site plan and floor plan of their proposed dwelling. The
representors’:

“only concern with the application for the residence next to ours is the height and location
of the wall within 3 metres of our boundary and the potential impacts of overlooking or
overshadowing onto our property (both our outside and inside living areas)”.

Development Assessment Officer Comments

The only structure that would be within 3m of the relevant boundary would be a low level
retaining wall for the proposed dwelling’s driveway. The proposed dwelling complies with
the specified side setback from this boundary. However, there is still potential for the
proposed dwelling to adversely affect privacy and solar access on the representors’
property.

Part 3.8.2 (f) of the Scheme requires Council to take into consideration when making a
decision upon an application: “whether the proposed development would adversely affect
the existing and possible future use or uses of adjacent land, and vice versa”. The
Tasmanian Code for Residential Development (better known by its acronym TASCORD)
provides guidelines for residential development, including direction on maintaining privacy
and solar access. While the Code does not carry any statutory weight it can nevertheless
assist the application of Part 3.8.2(f).

TASCORD considers that new residential development should ensure that solar access to
a dwelling on an adjoining property “is not reduced to less than three hours between
9:00am and 5:00pm on June 21st” (the winter solstice and the shortest day of the year).
While the proposed dwelling may affect morning solar access to the representors’
property, it would not affect this access in the afternoon due to its siting in relation to the
property. Therefore, the proposed development complies with the TASCORD guideline on
maintaining solar access.

TASCORD recommends 9m as the adequate separation between windows to habitable
rooms in separate dwellings. The submitted plans indicate that the proposed dwellings
would mostly achieve this separation. However, two smaller windows in the sitting room
wall of the proposed dwelling and the proposed attached deck are likely to be within 9m of
habitable rooms within the proposed dwelling on the representors’ property. It is
considered that landscaping along the boundary between the properties would provide
adequate screening to ensure that the sitting room windows do not significantly affect
privacy on the representors’ property. It is also considered that a screen 1.7m high should
be provided on the western side of the deck to ensure that its use does not adversely
affect privacy on the representors’ property.

The landscaping and screening measures outlined above are considered to adequately
address the representor’s concerns regarding potential overlooking and overshadowing as
a result of the proposed development.




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Land Use Planning and Approvals Act 1993:

The application has been submitted in accordance with section 57 of the Land Use
Planning and Approvals Act 1993 (the Act). The application was advertised in accordance
with the Act and a single representation was received during the statutory advertising
period. The issues raised in the representation have been discussed earlier in this report.

CONCLUSION:

The proposal is considered to comply with the intent and development provisions for the
Closed Residential zone, the objectives of the Scheme, the Act, and the relevant State
Policies in force at the time of writing this report.

18.047/09*
MOTION                                      CR HERON                              CR WILSON

That a permit be granted for the proposed development for G Hills & Partners
Architects on behalf of Mr M J Cowen at Lot 7 of land to the south of 7 Solly Court,
Cygnet (CT 157478/7) for a dwelling requiring relaxation of setbacks submitted to
Council in accordance with section 57 of the Land Use Planning and Approvals Act
1993, subject to the following conditions:

1.     The development must be substantially in accordance with DA-206/2009, the
       documents endorsed by Council, and as amended by this permit. Whoever
       acts on this approval must comply with all conditions on this permit. Any
       amendment, variation, or extension of this permit requires further approval.

2.     The development must accord with the Port Cygnet Planning Scheme 1988.

3.    (a) Prior to the issue of a building permit for the development, the developer
            must submit a landscape plan for the development site that provides a
            partial screen of the development from all adjacent land and Solly
            Court and provides a high standard of appearance and amenity. The
            landscape plan must be to the satisfaction of Council’s Manager of
            Planning and Legal Services, be to scale, and show:

                ▪       existing trees and those to be removed;
                ▪       proposed driveways, paths, buildings, car parking, retaining
                        walls and fencing;
                ▪       any rearrangement to ground levels;
                ▪       details of proposed plantings including names, number and
                        location and the height and spread at maturity; and
                ▪       an appropriate watering system.
       (b)      The landscape plan must be implemented and maintained throughout
                the life of the development.

4.     All external surfaces must be must be painted or otherwise coloured to tone
       in with the landscape setting or natural appearance of the area to the
       satisfaction of Council’s Manager Planning and Legal Services. Details
       demonstrating compliance with this condition must be submitted prior to the
       issue of a building permit for the development.

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5.     Prior to the issue of a building permit for the development, the developer
       must submit a Soil and Water Management Plan (SWMP) for the development
       site. The SWMP must be to the satisfaction of Council’s Manager Planning
       and Legal Services. The SWMP must provide controls over temporary run-off
       and erosion on the site and ensure that all soil remains within the subject
       property. The SWMP must be implemented prior to any works occurring on
       the site and must be maintained until such time that the site is effectively
       rehabilitated and stabilised.

6.     The developer must submit amended plans when applying for a building
       permit for the development. Once approved, the amended plans will form
       part of this permit. The amended plans must show, to the satisfaction of
       Council’s Manager Planning and Legal Services, a screen on the western side
       of the deck on the southern side of the dwelling. The screen must:

       (a)      extend the entire length of the deck’s western side;
       (b)      extend to a minimum of 1.7 metres above the floor level of the deck,
                and
       (c)      be no greater than 25% transparent.

18.047/09*
AMENDMENT                                             CR SMITH                    CR DOYLE

That a permit be granted for the proposed development for G Hills & Partners
Architects on behalf of Mr M J Cowen at Lot 7 of land to the south of 7 Solly Court,
Cygnet (CT 157478/7) for a dwelling requiring relaxation of setbacks submitted to
Council in accordance with section 57 of the Land Use Planning and Approvals Act
1993, subject to the following conditions:

1.     The development must be substantially in accordance with DA-206/2009, the
       documents endorsed by Council, and as amended by this permit. Whoever
       acts on this approval must comply with all conditions on this permit. Any
       amendment, variation, or extension of this permit requires further approval.

2.     The development must accord with the Port Cygnet Planning Scheme 1988.

3.    (a)       Prior to the issue of a building permit for the development, the
                developer must submit a landscape plan for the development site that
                provides a partial screen of the development from all adjacent land and
                Solly Court and provides a high standard of appearance and amenity.
                The landscape plan must be to the satisfaction of Council’s Manager of
                Planning and Legal Services, be to scale, and show:

                •    existing trees and those to be removed;
                •    proposed driveways, paths, buildings, car parking, retaining walls
                     and fencing;
                •    any rearrangement to ground levels;
                •    details of proposed plantings including names, number and location
                     and the height and spread at maturity; and
                •    an appropriate watering system.


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          (b)       The landscape plan must be implemented and maintained throughout
                    the life of the development.

4.        All external surfaces must be painted or otherwise coloured to tone in with
          the landscape setting or natural appearance of the area to the satisfaction of
          Council’s Manager of Planning and Legal Services. Details demonstrating
          compliance with this condition must be submitted prior to the issue of the
          building permit for the development.

5.        Prior to the issue of a building permit for the development, the developer
          must submit a Soil and Water Management Plan (SWMP) for the development
          site. The SWMP must be to the satisfaction of Council’s Manager of Planning
          and Legal Services.

          The SWMP must provide controls over temporary run-off and erosion on the
          site and ensure that all soil remains within the subject property. The SWMP
          must be implemented prior to any works occurring on the site and must be
          maintained until such time that the site is effectively rehabilitated and
          stabilised.

6.        The developer must submit amended plans when applying for a building
          permit for the development. Once approved, the amended plans will form
          part of this permit. The amended plans must show, to the satisfaction of
          Councils Manager of Planning and Legal Services, a screen on the western
          side of the deck on the southern side of the dwelling. The screen must:

          (a)       extend the entire length of the deck’s western side;
          (b)       extend to a minimum of 1.7 metres about the floor level of the deck, and
          (c)       be no greater than 25% transparent.

7.        A rainwater tank (for the collection and reuse of stormwater) with a minimum
          volume of 2000 litres, must be installed. Plans demonstrating compliance
          with this condition must be submitted to and approved by Council’s Manager
          of Planning and Legal Services prior to the issue of a building permit for the
          development.

THE AMENDMENT WAS PUT AND CARRIED

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
           voted for the motion & no Councillors voted against the motion.

THE AMENDMENT BECAME THE MOTION AND WAS PUT AND CARRIED

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
           voted for the motion & no Councillors voted against the motion.




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Title                                       DEVELOPMENT APPLICATION - MR C W
                                            DELANEY - 934 ESPERANCE COAST ROAD,
                                            POLICE POINT
Agenda Number                               18.048/09*
Strategic Plan Reference                    NA04
File Reference                              1977147
Author                                      Senior Planning Officer
Responsible Officer                         Senior Planning Officer
Reporting Brief                             Manager Planning and Legal Services presenting a
                                            report on behalf of the Senior Planning Officer on a
                                            Development Application for a proposed outbuilding
                                            at 934 Esperance Coast Road, Police Point.

REPORT

APPLICANT:                                       Mr C W Delaney

OWNER:                                           Mr C W Delaney

PROPOSAL:                                        Outbuilding

LOCATION:                                        934 Esperance Coast Road, Police Point

PROPERTY ID NUMBER:                              1977147

APPLICATION NUMBER:                              DA-210/2009

PLANNING SCHEME:                                 Esperance Planning Scheme 1989

ZONING:                                          Rural B Zone

DEVELOPMENT STATUS:                              Discretionary

APPLICATION RECEIVED:                            18 September 2009

APPLICATION ADVERTISED:                          7 October 2009

OBJECTIONS CLOSED:                               20 October 2009

REPRESENTATIONS:                                 Two received during the advertising period.

BACKGROUND

On 14 November 2002 Development Permit DA-151/2002 was approved under delegation
for a dwelling and carport at the subject site.

Access to the dwelling and carport was proposed and approved as being via an existing
access road which had been constructed within a right of way on an adjoining title.
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In assessing the current application Council was advised by the representors that the
subject site is not one of the properties which in fact has a legal right to use this right of
way.

Some time in 2008 Council constructed a new vehicle crossover from Esperance Coast
Road to the subject site and the owner has since constructed a driveway from this point.

Unfortunately, the applicants plans submitted to Council with the current application were
simply a modification of the previous drawings and therefore showed that access was
again proposed via the right of way on the adjoining title. By letter dated 26 October 2009,
the applicant confirmed that no access was proposed via the right of way on the adjoining
title.

DESCRIPTION OF PROPOSAL

Application is made to construct a 12m X 6m X 3m outbuilding in close proximity to the
existing dwelling on the site. The location of the proposed outbuilding is essentially that of
a 6m X 6m carport approved on the site through DA-151/2002.

The outbuilding is to be access via a single car width roller door.

The outbuilding is to be setback 1m from the south-east boundary.

SITE AND LOCALITY

The site is a 0.6ha irregular shaped lot with frontage to Esperance Coast Road. The site
contains an existing, centrally positioned dwelling. The site supports no remnant
vegetation and has a north-east facing slope of 17% (1 in 6).

The site abuts rural residential lots to the south-east (0.8ha) and south (2.2ha) and a rural
9ha lot to the west.

DISCUSSION

Planning Scheme

The subject land is zoned Rural B under the Esperance Planning Scheme 1989 (the
Scheme). A House (which includes domestic outbuilding) is a discretionary use in this
zone.

Intent of zone

The intent of the Rural B zone refers to the protection of rural character and rural land from
adverse impacts, avoiding premature use of development that may jeopardise other
planning objectives and to recognise rural land as significant sources of landscape and
natural values.

The construction of an outbuilding is not contrary to the intent of the zone.



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Setbacks

Part 6 of the Scheme prescribes a front and rear boundary setback of 20m and a side
boundary setback of 10m.

The proposal requires a relaxation of the south-east boundary setback from 10m to 1m.

The existing dwelling is setback approximately 15m from the north-west side boundary and
14m from the south-east boundary setback. This gives some indication that the subject
site is well below the minimum lot size for the zone. This fact provides some constraints
on achieving the setback prescribed for the zone.

The proposed outbuilding would have its shortest elevation, 6m, parallel with the side
boundary. It is located in a direct line between the existing dwelling on the site and the
dwelling on the adjoining land and may create some additional privacy between these
dwellings. It is located some 30m from the dwelling on the adjoining land and will not have
any adverse impact upon views from this dwelling.

Given the above, it is considered that the relaxation could be granted in this instance. It
would however be appropriate to require a condition to the effect that the external
appearance of the outbuilding be softened through a minimum 1.8m high timber screen.

Access

The property has frontage and access via a recently constructed crossover onto
Esperance Coast Road. This access is considered appropriate for the site.

Land Stability

Clauses 3.9.2(c)(i) and (ii) of the Scheme require Council to take into consideration
whether any part of the land is subject to known landslip, soil instability, erosion hazard or
excessive slope.

In addition, Clause 7.13.1 of the Scheme provides that land which comprises soils of
known or suspected instability, has a slope of greater than 1 in 4, or is filled or reclaimed
land shall be deemed subject to unstable land hazard.

In this case consideration of land stability is not warranted as the proposal is for a non-
habitable structure only.

Flooding

Clauses 3.9.2(c)(iii) of the Scheme requires Council to take into consideration whether any
part of the land is subject to ponding or flooding.

No maps designating flood prone land are available, however, as this land is not located
adjacent to a watercourse, which is known to flood, flooding is not considered to be
relevant to determining the application.




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Bush Fire Hazard

Clauses 3.9.2(c)(iv) and 7.14 of the Scheme requires Council to take into consideration
whether any part of the land is subject to bushfire hazard.

Under Planning Note 11 issued by the (then) Land Use Planning Review Panel, land
subject to Bushfire Hazard is defined as follows:

       land with a standing vegetation area greater than one (1) hectare in extent, with a
       one hundred (100) metre wide buffer zone around the standing vegetation.

The proposed development is not for habitable purposes and is not within 100m of
bushland greater than 1 ha and bushfire hazard is not considered to be relevant to
determining the application.

Heritage

The place is not listed on the Tasmanian Heritage Register.

All new use and development must comply with the Aboriginal Relics Act 1975 which is
aimed at protecting Aboriginal heritage. If any relics are located during construction, this
Act contains procedures for their protection.

Flora and Fauna

Council records (GIS mapping for TASVEG 2000 Strategy) indicate that the land does not
contain any rare, vulnerable or threatened vegetation communities. As a result the
existence of threatened fauna is also considered unlikely.

Engineering requirements

There are no infrastructure services issues relevant to this application.

Environmental Health requirements

There are no environmental health issues relevant to this application.

Natural Resource Management requirements

There are no NRM issues relevant to this application.

State Policies

State Policy on Water Quality Management 1997

The State Policy on Water Quality Management 1997 came into operation on
27 September 1997. This Policy applies to all surface waters, including coastal waters,
and groundwaters, other than privately owned waters that are not accessible to the public
and are not connected to, or flow directly into, waters that are accessible to the public, or,
waters in any tank, pipe or cistern.


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Clause 31.5 of this Policy requires that a use or development be consistent with the
physical capacity of the land so that the potential for erosion and subsequent water quality
degradation is minimised.

The proposal will result in less that 250m2 of site disturbance and therefore a Soil and
Water Management Plan (SWMP) is not required in accordance with the Guidelines for
Soil and Water Management, HMCA, Hobart, June 1999. It is therefore considered that
the risk of the transport of sediments into surface waters such that environmental harm
might be caused either during the carrying out of works or the subsequent use of the land
is acceptable.

State Coastal Policy 1996

The subject land is located within one kilometre of State waters and as such the State
Coastal Policy 1996 applies to this proposal. The principles of the Policy are:

       Natural and cultural values of the coast shall be protected.

       The coast shall be used and developed in a sustainable manner.
       Integrated management and protection of the coastal zone is a shared
       responsibility.

However, the proposal is for a domestic outbuilding only and will not prejudice the
purposes of the Policy.

State Policy on Protection of Agricultural Land 2009

The State Policy on the Protection of Agricultural Land 2009 became effective on
3 September 2009. A comprehensive implementation strategy for this new Policy is
currently being prepared by the TPC and this may include implementation guidelines.

The purpose of the Policy is

       To conserve and protect agricultural land so that it remains available for the
       sustainable development of agriculture, recognising the particular importance of
       prime agricultural land.

The subject site and much of the adjoining land has a rural residential character with no
agricultural values. Given this the proposal will not prejudice the purpose of the Policy.

Representations

Council received two representations during the statutory advertising period. The following
issues were of a concern to the representors:

   1. the proposal plans lack appropriate detail and were inaccurate;
   2. the subject site does not have a legal right to use the right of way as shown on the
      proposal plans; and
   3. the need for suitable drainage from the proposed outbuilding;


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Planning officer comments:

   1. The proposal plans originally submitted to Council were inadequate however a
      subsequent submission from the applicant has clarified many concerns and it is
      considered that sufficient information for Council to determine the application.
   2. This issue has been discussed previously and it is considered that this concern has
      been resolved.
   3. The outbuilding will need to be connected to appropriate roof drainage. In the
      normal course of events, this issue would only be addressed through the building
      application process however a condition has been provided for inclusion in any
      permit issued that would address this concern.

Land Use Planning and Approvals Act 1993

The application has been submitted in accordance with section 57 of the Land Use
Planning and Approvals Act 1993 (the Act). The application was advertised in accordance
with the Act and two representations were received.

CONCLUSION

Provided the proposal is undertaken as outlined in this report, it is considered to be in
keeping with the intent and development provisions for the Rural B zone, the objectives of
the Scheme and the Act and the relevant State Policies in force at the time of writing this
report, and is to be recommended for approval subject to conditions.

18.048/09*
RESOLVED                                    CR WILSON                             CR DOYLE

That a permit be granted for the proposed development at 934 Esperance Coast
Road, Police Point for a outbuilding submitted to Council in accordance with
section 57 of the Land Use Planning and Approvals Act 1993, subject to the
following conditions:

1. Use and development of the land must be substantially in accordance with
   DA - 210/2009, the documents endorsed by Council and as amended by this
   Permit. The consent relates to the use of land or buildings irrespective of the
   applicant or subsequent occupants, and whomever acts on it must comply with
   all conditions in this Permit. Any amendment, variation or extension of this
   Permit requires further planning consent of Council.

2. The use and development must accord with the Esperance Planning Scheme
   1989.

3. All stormwater collected from the outbuildings roof and any agricultural drain
   must be directed to existing rainwater tanks on the subject site. The developer
   must ensure that overflow from the rainwater tanks is directed to a soakage pit
   or other suitable disposal area to the satisfaction of Council’s Manager Planning
   and Legal Services.



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4. Within three months of the construction of the outbuilding the developer is to
   erect a minimum 1.8m high timber screen between the outbuilding and 936
   Esperance Coast Road. This screen may replace part of the existing boundary
   fence or be a separate structure.

5. The outbuilding must not be used for any habitable or commercial purpose
   without further approval of Council.

   •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
         voted for the motion & no Councillors voted against the motion.




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       This is PAGE - 922 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Title                                       ACCEPTING ELECTRONIC SUBMISSIONS AS VALID
                                            REPRESENTATIONS
Agenda Number                               18.049/09
Strategic Plan Reference                    NA04
File Reference                              17/03
Author                                      Development Assessment Officer
Responsible Officer                         Development Assessment Officer
Reporting Brief                             Manager Planning and Legal Services presenting a
                                            report from the Development Assessment Officer on
                                            accepting     electronic   submissions      as     valid
                                            representations regarding an application for a planning
                                            permit.

Background

Council has received a number of emails and faxes regarding recently advertised
applications for a planning permit. It is Council’s current practice to not accept
submissions made electronically as valid representations regarding an application.
Council has received a number of approaches regarding this practice from the public.
Given that communicating via email, faxes, and other electronic mediums is well
established in contemporary society, this practice is under review.

Section 57 (3) of the Land Use Planning and Approvals Act 1993 (LUPAA) requires
Council to give notice (if it does not require the applicant to give notice) of an application
for a planning permit to which this section applies. Subsection (5) of this section states
that “Any person may make representations relating to the application during the period of
14 days commencing on the date on which notice of the application is given”. Neither
LUPAA or the Land Use Planning and Approvals Regulations 2004 (the Regulations)
specify how a representation may be made, instead only requiring Council to give notice of
where and when a representation may be received.

Section 5 of the Electronic Transactions Act 2000 (the ETA) includes a general rule that “a
transaction is not invalid because it took place wholly or partly by means of one or more
electronic communications”. Section 6(2) of the ETA states that if “a person is permitted to
give information in writing, the person may give the information by means of an electronic
communication”. The provisions of the ETA are considered to allow Council the discretion
to accept electronic submissions as valid representations.

Report

Council currently accepts only physical copies of submissions (i.e. hand delivered or
posted letters) received within the specified period as valid representations. Whether a
submission is considered a valid representation affects whether the author must be
informed of Council’s decision on the application (pursuant to section 57 (7)(b) of LUPAA)
and whether the Resource Management and Planning Appeal Tribunal may make the
author a party to any appeal regarding this decision (pursuant to section 14 (3)(a) of the
Resource Management and Planning Appeal Tribunal Act 1993).

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Council, as a planning authority, is required by section 5 of LUPAA to further the objectives
specified in Part 1 of the Objectives of the Resource Management and Planning System of
Tasmania, including Part 1 (c): “to encourage public involvement in resource management
and planning”. Given that emails, faxes, and other forms of electronic communication are
now widely accepted and convenient forms of communication, Accepting electronic
representations would clearly further “public involvement in resource management and
planning”.

Accepting electronic submissions as valid representations would be consistent with the
practice of many other Councils in Tasmania. All of the larger city councils (Hobart,
Clarence, Glenorchy, and Launceston) accept electronic representations. For example,
Hobart and Clarence City Councils accept electronic representations sent before midnight
on the last day of the advertising period. This practice allows greater opportunity for public
comment on a proposal and ensures greater conformity with section 57 of LUPAA as
representations may be received for the entirety of required 14 day period. Councils more
comparable with Huon Valley Council, such as Kingborough Council and Brighton Council,
also accept electronic representations.

Both LUPAA and the Regulations are silent on how a representation must be made.
Instead both only require Council to state, when giving notice of an application, where and
when a representation may be made.            It is left to Council to determine how a
representation must be made in the absence of any clear direction on this matter in either
LUPAA or the Regulations.

As discussed, the ETA allows Council the discretion to accept electronic submissions as
valid representations. Section 6(2) of this Act allows a person to provide information in
electronic form provided:

“(a) at the time the information was given, it was reasonable to expect that the information
would be readily accessible so as to be useable for subsequent reference; and
(b) the person to whom the information is permitted to be given consents to the information
being given by means of an electronic communication”.

It is considered reasonable to expect that an email, fax, or other form of electronic
communication sent to Council would be readily accessible for subsequent reference.
Council’s records management unit already receives and registers information received in
this manner similarly to all other correspondence Council receives.

In the absence of any clear direction in any relevant legislation, subsection (b), as stated
above, effectively allows Council discretion whether to accept electronic submissions as
valid representations.

Consultations

Nil

Legislative Requirements

Council is required to give notice of and accept representations regarding an application
for a planning permit to which section 57 of LUPAA applies.


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Council is also required “to encourage public involvement in resource management and
planning” pursuant to section 5 and Schedule 1 of this Act. It is considered that accepting
electronic submissions as valid representations would ensure that Council satisfies its
requirement to further this objective.

Risk Implications

There is the possibility that dispute could arise regarding whether an electronic submission
was made during the advertising period and hence whether it is a valid representation.
Such dispute could potentially lead to action pursuant to section 59 of LUPAA as Council
officers do not have delegated authority to make a decision upon an application which has
received a representation. As Council must bare the cost of any appeal lodged pursuant
to this section, this situation should be avoided.

However, the risk of this situation occurring as a result of accepting electronic
representations is considered comparable to the level of risk associated with Council’s
current practice, provided that they are accepted only in accordance with the ETA. As
mentioned earlier, both LUPAA and the Regulations are silent on how a representation
must be made, leaving it to Council to determine how this should occur. This silence
would permit Council to specify that an electronic submission would only be accepted as a
valid representation if it complied with the requirements of the ETA.

While the ETA applies to all forms of electronic communication, it is considered that
Council should only accept submissions made via email or fax as valid representations for
several reasons. Firstly, planning matters mostly consider written evidence so other non-
written forms of electronic communication would be difficult to reference. Secondly, other
forms of electronic communication are considered less able to comply with the below
requirements of the ETA.

Section 9 (4) (a) and (b) of the ETA state that where information is retained in electronic
form, it must be retained in an accessible and reliable manner. Council would be required
to retain any electronic representation it receives for future reference. Council’s existing
information management system (Dataworks) is considered to satisfy this requirement as it
already caters for the receipt of emails and faxes.

Section 9 (4)(c) states that where a party is to retain electronic information it must obtain
additional information to allow its origin, destination, and the time it was sent and received
to be identified. While most emails and faxes usually contain this information, Council
would explicitly state that it is required for a submission to be considered a valid
representation when giving notice of an application.

Section 9 (5) states that the integrity of electronic information is retained if it remains
complete and unaltered apart from “the addition of any endorsement” (9 (5) (a)) or “any
immaterial change” (9 (5) (b)). Council could ensure compliance with this requirement by
sending a physical copy of any electronic representation received to the representor with a
request to confirm the integrity of the information. To facilitate this process, Council could
require an electronic submission to provide the author’s full name and postal address.




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Section 11 (3) states that “if the addressee of an electronic communication has designated
an information system for the purpose of receiving electronic communications, then,
unless otherwise agreed between the originator and the addressee of the electronic
communication, the time of receipt of the electronic communication is the time when the
electronic communication enters that information system”.

Council would designate its records officer’s email address and fax number as the
information systems for receiving electronic representations. Council would state that
electronic submissions must enter these information systems prior to 12 midnight on the
last day of the advertising period (following the practice of other Council’s described
earlier) to be considered a valid representation. In the interests of natural justice, in
instances where Council’s email or fax system is un-operational during the advertising
period, Council would also accept representations that would have likely been received
during the period had these systems been operational.

The risk implications of accepting electronic representations as valid representations are
considered acceptable provided that they are accepted only as specified above.

Council Policy

Council does not have a formal policy regarding accepting electronic submissions as valid
representations.

Options

(1)       Continue Council’s current practice of not accepting electronic submissions
          as valid representations regarding an application for a planning permit.

Advantage:

There is certainty in this established practice which has proved effective to date.

Disadvantages:

      (a) Council may continue to receive complaints from members of public wishing to have
          an electronic submission considered a valid representation.

      (b) Council may be considered to not be encouraging “public involvement in resource
          management and planning” by unreasonably limiting how it accepts
          representations.

(2)       Develop and implement a procedure, in accordance with the Electronic
          Transactions Act 2000, for accepting electronic submissions as valid
          representations in accordance with section 57 of the Land Use Planning and
          Approvals Act 1993.

Advantages:

      (a) Council would satisfy its legislative responsibility to “encourage public involvement
          in resource management and planning”;

      (b) Council would not receive complaints regarding its current practice;
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     (c) Council’s practice on receiving representations would be consistent with that of
         other Council’s in Tasmania;

Disadvantage:

Unknown risks may be encountered.

It is considered that the advantages of accepting electronic submissions as valid
representations outweigh those of maintaining Council’s current practice. Therefore, this
report recommends that Council accept electronic representations.

It will be recommended that consent to receiving electronic representations applies to all
development applications advertised on or after 1st December, 2009 to ensure that
advertisements and notice provisions are amended and procedures are implemented to
ensure Council properly meets its legislative requirements.

It is noted that this Report only discusses submission of electronic representations.

In meeting the objective of LUPAA in encouraging public involvement in planning
processes and providing access to inspect development applications consideration is
being given to display of development applications on Council’s website as is the case with
a number of other Councils. Implications and technical matters associated with this
proposal are to be investigated and it is proposed to provide a report to Council at the
February, 2010 ordinary meeting.

Human Resource and Financial Implications

There are no significant Human Resource or Financial implications anticipated as a result
of accepting electronic submissions as valid representations.

18.049/09
RESOLVED                                     CR DOYLE                              CR GUDDEN

That:

a)      The report on accepting electronic representations as valid representations
        regarding an application for a planning permit be received and noted.

b)      Pursuant to Section 6(2) of the Electronic Transactions Act 2000 Council
        consents to electronic submissions by email and facsimile as valid
        representations in accordance with section 57 of the Land Use Planning and
        Approvals Act 1993 provided that the submission:

         (i)     includes information to allow its origin, destination, and the time it was
                 sent and received to be identified;

        (ii)     includes the author’s full name and postal address;




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           (iii)    either enters Council’s designated information systems prior to
                    12 midnight on the final day of the advertising period, or, in instances
                    where Council’s designated information systems are un-operational
                    during the advertising period, would have been received during this
                    period had they been operational.

c)        The consent provided in paragraph b) of this resolution will apply to all
          development applications advertised in accordance with section 57 of the
          Land Use Planning and Approvals Act 1993 on and from 1 December 2009.

d)        A report be prepared for the February, 2010 ordinary meeting of Council on
          the display of development applications on Council’s website.

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
           voted for the motion & no Councillors voted against the motion.




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Title                                       DRAFT HUON VALLEY PLANNING SCHEME
                                            STATUS UPDATE
Agenda Number                               18.050/09
Strategic Plan Reference                    NA03
File Reference                              17/18
Author                                      Senior Planning Officer
Responsible Officer                         Senior Planning Officer
Reporting Brief                             The Manager Planning and Legal Services presenting a
                                            report on behalf of the Senior Planning Officer on an
                                            update on the progress of the Draft Huon Valley
                                            Planning Scheme.

Background

Following the adoption of the Huon Valley Land Use and Development Strategy, GHD Pty
Ltd were engaged to develop a Huon Valley Planning Scheme (the Draft Scheme). The
Draft Scheme is now well advanced in its preparation.

In the past 12 months, several State and regional level planning initiatives have been
instigated which will influence the ongoing preparation of the Draft Scheme.

In December 2008 Council endorsed a Memorandum of Understanding with the Southern
Tasmanian Councils Authority (STCA) and the 11 other Council’s represented by the
STCA that seeks to further a regional approach to consistent and contemporary planning
scheme in Southern Tasmania. The resulting Southern Tasmanian Regional Planning
Project will involve

    •     the preparation of a Southern Tasmanian regional land use strategy;
    •     increased commonality in zone and schedule provisions across planning schemes;
          and
    •     the preparation of new planning schemes for each municipality.

In August 2009, Councillors were briefed on the project by the joint project managers from
the STCA.

Also in August 2009, the now Tasmanian Planning Commission commenced a review of
Planning Directive 1 (the Common Key Elements template). This review is to proceed via
a first stage that addresses the number of zones and various administrative changes and a
second stage that will prepare a set of ‘common provisions’.

The Land Use Planning and Approvals Amendment (State and Regional Strategies) Bill
(the Bill), passed by Parliament but yet to be proclaimed, would make numerous changes
to the Land Use Planning and Approvals Act 1993 (LUPAA). Among changes would be
the inclusion of provisions that allow the approval of interim planning schemes that further
the objectives of a regional strategy. Provision is also made for the use of ‘common
provisions’ that may be mandated by the State Government and ‘local provisions’.


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Report

The report will initially consider the current status of the Draft Scheme and a desired
course of action over the coming months. The second section of the report will consider
the implications of the regional planning project for the continued preparation of the Draft
Scheme.

Status of Scheme

The Draft Scheme has progressed to a relatively advanced stage. A largely complete
ordinance and set of zone maps have been prepared and extensively reviewed by relevant
Council officers. These documents have been provided to MANEX for consideration.

Council has not yet considered how the Draft Scheme should be progressed through to its
eventual approval and what level of public consultation, above that required by LUPAA,
should be undertaken. However, a process could consist of the following:

   1. conduct a series of Councillor workshops commencing early 2010.
   2. seek a resolution of Council to place the Draft Scheme on preliminary public
      exhibition for two months some time after Easter 2010. This would also include
      agency consultation.
   3. incorporate public comments into a modified Draft Scheme that, if satisfactory to
      Council, would be submitted to the Tasmanian Planning Commission for
      certification in early 2011.
   4. If certified a Draft Scheme would be placed on public exhibition for two months.
      Council would then consider any representations received before the TPC would
      hold hearings and then make a decision.

If this process were to be followed, and no obstacles arose, the earliest a Huon Valley
Planning Scheme could be approved would be sometime in 2012.

The statutory process for approval of Draft Scheme requires that a Draft Scheme is
exhibited for two months. However, given the significance that a new Scheme may have
for the community it is considered essentially that the community be given more
opportunities for public comment. Both Hobart and Meander Valley Councils have placed
their Draft Schemes on preliminary public exhibition prior to the formal process.

The Southern Tasmanian Regional Planning Project

A progress report for the regional project is included in the Attachments to the Report. The
latest indications are that the Project will produce a Regional Planning Strategy around
April 2010 and a model Regional Planning Scheme 3 – 6 months later.                 Planning
Schemes consistent with both project outputs would be expected shortly after.

Under the Bill, a Scheme based on the regional project would be introduced as an Interim
Planning Scheme prior to any formal public exhibition or assessment by the Tasmanian
Planning Commission. The Bill also allows the Minister to direct Councils to submit Interim
Planning Schemes within 21 days of a request being made. The Bill also would also
prevent the Draft Scheme being approved while any Interim Planning Scheme applied to
the land.


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Given the timeframes of the project and the strong support of the project by the State
Government it would appear reasonable to expect that an Interim Planning Scheme for
Huon Valley Council could be operational by early 2011. Thus an Interim Planning
Scheme would likely overtake Council’s own Draft Scheme. Given the strong political will
for the regional project that appears to exist, it may well be the case that Interim Planning
Schemes will result with or without Council cooperation. For instance, the Bill makes
provisions that if a planning authority does not meet the 21 day period the Minister by
instruct the TPC to prepare an Interim Planning Scheme.

Recently Devonport and Meander Valley Councils, both of whom are more advanced in
the preparation of their schemes, resolved to focus upon securing a planning scheme
through the regional project.

Review of Planning Directive 1

The Draft Scheme has been prepared in accordance with Planning Directive 1 (PD1).
PD1 has been heavily criticised on numerous fronts. One key area for Council is the
limited range of zones available. Under PD1 essentially all land not dedicated to
residential, industrial or commercial use must be zoned either Rural Resource or
Environmental Management. Because of this, largely dissimilar areas of land become
subject to a single set of planning rules.

The review of PD1 may result in additional zones and a range of other improvements that
would benefit the Draft Scheme. Additional rural zones could allow zone provisions to
reflect more reasonable the values and importance of the land to which it applies. Whilst
the review is well advanced, an outcome is some time away. Critically, a modified PD1
would require a significant redrafting of the Draft Scheme.

Where to from here?

At this stage, the regional project offers the timeliest way in which to achieve a new
operational planning scheme. The process for approval of an Interim Planning Scheme is
likely to also result in significant cost savings for Council that could be directed towards
other planning issues.

It is also vital that Council actively participates in the regional project in order to ensure
that best possible outcome in terms of Strategy, model scheme provisions and Interim
Planning Scheme.

It is considered best that Council redirects efforts to securing a new planning scheme
through the regional planning project.

It is also considered appropriate that in doing so Council also seeks to continue with a
preliminary public exhibition of a draft version of what is to be submitted as an Interim
Planning Scheme. The omission of a public exhibition period prior to the enactment of
Interim Planning Schemes under the Bill may well lead to community angst.

Preliminary public exhibition would ensure that the community is aware of, able to
comment on and contribute to the provisions of an Interim Planning Scheme.



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This would also be important to allow ‘local provisions’ to be tested with the community.
Opportunities for preliminary public exhibition may however be limited through project
timeframes and other factors. It will therefore be important to keep Council informed over
the coming months.

Consultations

Council’s Manager Planning and Legal Services and Senior Planning Officer have
discussed the above issues with GHD staff who also provided a memorandum elaborating
on a number of issues. Council’s Manager Planning and Legal Services and Senior
Planning Officer also met with representatives of the STCA regional project team and with
the Executive Commissioner of the TPC.

GHD consider that Council faces the very real prospect of the regional project and an
Interim Planning Scheme over-running any approval of the Draft Scheme. Other issues
that may affect the Draft Scheme include an apparent reluctance of the TPC to devote
resources to considering draft schemes under the normal LUPAA process and the
inevitable confusion between stakeholders and the community regarding which process is
being followed.

For these reasons, GHD consider that Council should seek to engage with the regional
project rather than proceeding with its own Draft Scheme through the normal legislative
process.

GHD also note that regional project has stated that this wish to work with and build on
existing work undertaken by Council’s. Given Council’s Land Use and Development
Strategy and the advance stage of the Draft Scheme, Council is well placed and could
seek to take a lead role in this new process. One such way could be to use the Draft
Scheme as a model for other rural based communities.

GHD also consider it important that Council adopt a proactive stance on community
engagement including providing an opportunity for public comment on a draft of an Interim
Planning Scheme. Council could also inform the community on:

   •     How the Land Use and Development Strategy will inform zone boundaries and
         planning controls; and
   •     What the regional project is, what a future regional land use strategy means and
         why it is important and procedures associated with Interim Planning Schemes. A
         challenge for the regional project is how to best achieve community engagement in
         a regional land use strategy that must focus on broader strategic planning
         concerns, rather than specific provisions affecting individual properties. Council
         should be proactive in assisting community engagement in the regional strategy.

GHD also consider that it is important for Council to work in collaboration with the TPC and
the STCA and explore options for ‘in-kind’ assistance in recognition of the work already
undertaken by Council.

The meeting with the STCA and the Executive Commissioner discussed a range of
matters. The STCA will soon appoint an officer who will engage with Council’s and assist
their preparation of Interim Planning Schemes and other work. It was also recognised that
public consultation prior to the enactment of Interim Planning Schemes is important.

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Legislative Requirements

The Land Use Planning and Approvals Act 1993 (LUPAA) provides for development of
planning schemes.

Risk Implications

Despite the advances in the regional project it may nevertheless encounter difficulties as
the process continues forward and the project begins to produce outputs. It is therefore
appropriate to reconsider the matters discussed in this report in the future.

Council Policy

Council’s Strategic Plan is to develop and implement a planning scheme that best enables
sustainable development to occur within the Huon Valley (NA03).

Options

(1)     Continue to proceed with the preparation of the Draft Huon Valley Planning
        Scheme for submission under the normal legislative process and in
        accordance with the process described in the report.

Advantages

Council has, for some time, been working towards a new planning scheme and this
approach would ensure that this approach is allowed to reach a conclusion.

Disadvantages

        (a)      increased cost and time compared to regional project;
        (b)      creation of confusion between various stakeholders and the public; and
        (c)      a reluctance for the TPC to support this process in preference to the regional
                 project.

(2)     Divert effort and resources towards achieving a new planning scheme
        through the regional project

Advantages

        (a)      cost and time savings; and
        (b)      ensure that issues relevant to the Huon Valley and appropriately considered
                 in the regional project.

Disadvantages

The regional project may face significant hurdles and it is possible, although unlikely, that
the project will fail to produce a regional strategy, a model scheme or new planning
schemes.




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Human Resource and Financial Implications

Discussed in the body of the report.

18.050/09
RESOLVED                                        CR WOODRUFF                           CR DOYLE

That:

a)         The report on an update on the progress of the Draft Huon Valley Planning
           Scheme be received and noted

b)         Council resolves to progress a new planning scheme through the Southern
           Tasmanian Regional Planning Project.

c)         A further report be considered by Council at its meeting of May 2010
           addressing the status of the Southern Tasmanian Regional Planning Project.

d)         Council resolves to recognise the critical importance of community
           consultation on a Draft Planning Scheme prepared with regard to the
           Southern Tasmanian Regional Planning Project prior to the submission of a
           Draft Planning Scheme for approval as an Interim Planning Scheme.

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
           voted for the motion & no Councillors voted against the motion.




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Mayor Armstrong advised the meeting was no longer acting as a Planning Authority
as at 7.11pm.

Title                                       HUON VALLEY REGIONAL WATER SCHEME –
                                            DEVELOPMENT APPLICATION CONSENT
Agenda Number                               18.051/09*
Strategic Plan Reference                    PA01 & PA07
File Reference                              30/33
Author                                      Manager Planning and Legal Services
Responsible Officer                         Manager Planning and Legal Services
Reporting Brief                             Manager Planning and Legal Services presenting a
                                            report on provision of consent for lodgement of
                                            development applications for the Huon Valley Regional
                                            Water Scheme.

Background

Southern Water has contacted Council to discuss progression of the Huon Valley Regional
Water Scheme including obtaining planning approval under the Land Use Planning and
Approvals Act 1993.

Report

Most components of the Regional Water Scheme are exempt from the requirement of
obtaining a planning permit as provided by section 56I of the Water and Sewer Industry
Act 2008 and regulation 11 of the Water and Sewer Industry (General) Regulations 2009.

Development in relation to treatment plants and reservoirs are not exempt and Southern
Water is preparing applications to cover the treatment plant upgrade and expansion, the
reservoir at Geeveston and the reservoir near Balfes Hill. A fourth application will involve
the crossing of the Huon River at Franklin.

Much of the proposed treatment plant upgrade and expansion will occur on the land
already transferred to Southern Water. It is intended that a part of the expansion will occur
on the land already transferred to Southern Water and that a part of the expansion will
occur on undeveloped Council owned land on the Glen Huon side of Southern Water’s
land. The land is contained in Certificate of Title 113058/1.

The need for further land was considered likely had Council continued with the project
however Council had not determined the area required for the treatment plant upgrade at
the time of transfer of the water and sewer functions and as a consequence no extra area
of land was transferred to Southern Water.

This land is zoned Intensive Rural under the Huon Planning Scheme 1979 for which
development for a public utility purpose is a discretionary use.

A plan generally showing the area is included in the Attachments to the Reports.


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In addition Southern Water intend to locate the proposed Geeveston reservoir in the
Council owned quarry uphill of Kent Street and accessed off Hill Street. The land is
contained in Certificate of Title 197458/1.

This land is zoned Rural C under the Esperance Planning Scheme 1989 for which
development for a public utility purpose is a discretionary use.

This is the location considered in Council’s planning for the project and a plan generally
showing the area is included in the Attachments to the Reports.

For a development application involving Council owned or administered land to be a validly
made application, section 52(1B) of the Land Use Planning and Approvals Act 1993
requires the application to be signed by the General Manager and the application is to be
accompanied by written permission from the General Manager for the making of the
application.

Southern Water have requested the General Manager to provide the required consent
and, as the request involves third party development over Council controlled or
administered land the matter is brought to Council for authorisation to the General
Manager.

It is important to note that providing consent to lodging of the development applications
does not bind Council acting as a Planning Authority in any way and Council is required to
consider each application on its merits in accordance with the relevant planning scheme
provisions and the Land Use Planning and Approvals Act 1993.

Any discussion of property ownership and tenure is a matter for discussion at a later stage.

Consultations

Nil

Legislative Requirements

Section 52(1B) of the Land Use Planning and Approvals Act 1993 provides that:

(1B) If land in respect of which an application for a permit is required is Crown land, within
the meaning of the Crown Lands Act 1976, is owned by a council or is administered or
owned by the Crown or a council and a planning scheme or special planning order does
not provide otherwise, the application must –
(a) be signed by the Minister of the Crown responsible for the administration of the land or
by the general manager of the council; and
(b) be accompanied by the written permission of that Minister or general manager to the
making of the application.

Risk Implications

Any risks associated with the development will be dealt with through the planning
approvals process. Failure to provide the required consent will mean that Southern Water
will need to reconsider the project.


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Council Policy

The Huon Valley Regional Water Scheme is a project of the Huon Valley Council through
the Huon Valley Water Supply Management Plan adopted by Council at its meeting of 21st
January, 2009 by resolution No. 19.001/09 and meets the objectives in the Strategic Plan
set out in:

PA01 – Infrastructure Management – Key Strategies – ‘Implement an Infrastructure
Management Plan to coordinate the programming of all essential infrastructure works to
best address community needs and expectations within the financial capacity of Council’.

PA07 – Water Supply – Goals – ‘To provide a high standard of water supply infrastructure
and potable water in major towns’.

PA07 – Water Supply – Key Strategies – ‘Ensure that water supply infrastructure is
upgraded and maintained to best practice engineering, environmental and public health
standards and is consistent with the potential future development of a regional water
supply scheme’.

This project has been taken over by Southern Water following the transfer of water and
sewer functions to that body on 1 July 2009.

Options

The General Manager may provide the consent as requested or decline to provide the
consent.

The Huon Valley Regional Water Scheme is a project of the Huon Valley Council which it
has promoted to the community and obtained Federal Funding toward. The project is
consistent with Council policy and strategy.

It is therefore recommended that:
      • Council agrees to use of the abovementioned land for the proposed development;
         and,
      • The General Manager be authorised to enter into negotiations for sale of portions
         of land to Southern Water with the outcome of negotiations to be brought back
         before Council for determination; and,
      • The General Manager be authorised to provide the consent to the making of the
         applications as requested.

Human Resource and Financial Implications

Not applicable – Development applications will be assessed in accordance with the
requirements under the Land Use Planning and Approvals Act 1993 and applicable fees
and charges will be paid by Southern Water.

Any negotiations for sale of the land will be considered by Council at a later date.




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18.051/09*
RESOLVED                                    CR WILSON                             CR HERON

That:

a)   The report on provision of consent for lodgement of development applications
     for the Huon Valley Regional Water Scheme be received and noted.

b)   Council agrees to Tasmanian Water and Sewerage Corporation (Southern
     Region) Pty Limited (Southern Water) using the following Council land for the
     following development associated with the Huon Valley Regional Water
     Scheme:

     •   Portion of land of the Council at Glen Huon Road, Huonville contained in
         Certificate of Title 113058/1 for the purposes of construction of a water
         treatment plant.
     •   Portion of land of the Council at Kent Street, Geeveston contained in
         Certificate of Title 197458/1 for the purposes of construction of a reservoir.

c)   The General Manager is authorised to negotiate with the Tasmanian Water and
     Sewerage Corporation (Southern Region) Pty Limited (Southern Water) in
     respect of the sale of portions of Council land at Glen Huon Road, Huonville
     contained in Certificate of Title 113058/1 and Kent Street, Geeveston contained
     in Certificate of Title 197458/1 to Southern Water for the purposes of the Huon
     Valley Regional Water Scheme with the outcome of any negotiations to be
     brought to Council for determination.

d)   The General Manager is authorised to provide consent to the lodgement of the
     following development applications for the Huon Valley Regional Water
     Scheme to be lodged by or on behalf of the Tasmanian Water and Sewerage
     Corporation (Southern Region) Pty Limited (Southern Water) pursuant to
     section 52(1B) of the Land Use Planning and Approvals Act 1993:

     •   A development application for a water treatment plant on land of the
         Council at Glen Huon Road, Huonville contained in Certificate of Title
         113058/1.
     •   A development application for a reservoir on land of the Council at Kent
         Street, Geeveston contained in Certificate of Title 197458/1.

e)   In respect of a request by Tasmanian Water and Sewerage Corporation
     (Southern Region) Pty Limited (Southern Water) to Crown Land Services
     Council for use and lease of land on the Franklin Foreshore currently held by
     Council in Crown Lease No. 226926 (the Lease) Council agrees to:

     • excision of an area of approximately 79.5 square metres from the Lease in
       favour of Southern Water for the purposes of a pump house required for the
       Huon Valley Regional Water Scheme; and,
     • a height restricted (3D) lease over the Lease in favour of Southern Water for
       the purposes of a pipeline required for the Huon Valley Regional Water
       Scheme.


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    conditional upon the Crown requiring Southern Water to undertake community
    consultation on the location and design of the building and considering
    submissions made as part of the consultation prior to the Crown granting any
    leases to Southern Water.

•     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
      voted for the motion & no Councillors voted against the motion.




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Title                                       CODE OF CONDUCT PANEL – COUNCILLOR
                                            NOMINATIONS
Agenda Number                               18.052/09
Strategic Plan Reference                    OA01
File Reference                              12/28 & 12/68
Author                                      Manager Planning and Legal Services
Responsible Officer                         Manager Planning and Legal Services
Reporting Brief                             The Manager Planning and Legal Services presenting a
                                            report on the nomination of Councillors for membership
                                            of the Code of Conduct Panel.

Background

Following the amendments to the Local Government Act 1993 which came into force on
the 1st July, 2005, Council adopted a Code of Conduct for Councillors and established a
Code of Conduct Panel pursuant to sections 28E and 28G of the Local Government Act
1993.

Mr Rod Coombe was appointed as Chairperson to the Panel and at its Ordinary Meeting of
9 August 2006 by Resolution No.15.007/06, Councillors Dillon, Paul and Richardson were
nominated as Councillor members of the Code of Conduct Panel.

Councillor appointments were confirmed by resolution No. 15.016/07 at the Ordinary
Meeting of Council of 14 November 2007.

At the first Ordinary Meeting after an election, Council is to nominate three Councillors,
other than the Mayor, to be members of the Code of Conduct Panel.

Report

The Code of Conduct Panel was established to hear and determine a complaint in respect
of the alleged failure of a Councillor to comply with a provision of the Code of Conduct.

The Code of Conduct Panel, when hearing a complaint is to consist of two members. The
Chairperson of the Panel is to select one of the Councillors to be the second member of
the Panel in respect of a complaint and both members of the panel must be present to
hear and determine a complaint.

Consultations

N/A

Legislative Requirements

Section 28G(4) of the Local Government Act 1993 provides that a Council is to, at the first
Ordinary Meeting after an election, nominate three Councillors, other than the Mayor, to be
members of the Code of Conduct Panel.

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Risk Implications

Nomination of three Councillors for membership of the Code of Conduct Panel is required
to comply with the Act and properly deal with complaints.

Council Policy

Code of Conduct for Councillors (September, 2006)

Options

Due to the legislative requirements Council must make formal nominations of Councillors
as members of the Code of Conduct Panel.

Human Resource and Financial Implications

Those Councillors sitting as Panel members hearing a complaint will incur expenses. Such
expenses are undetermined as the Panel is yet to hear a complaint and it is not possible to
assess what complaints, if any, will be received.

18.052/09
RESOLVED                                        CR DOYLE                              CR WILSON

That:

a)         The report on the nomination of Councillors for membership of the Code of
           Conduct Panel be received and noted.

b)         In accordance with section 28G(4) of the Local Government Act 1993 Council
           nominates the following Councillors for membership of the Code of Conduct
           Panel :

               Deputy Mayor Heron

               Councillor Woodruff

               Councillor Duggan

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
           voted for the motion & no Councillors voted against the motion.




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Title                                       LANDSLIPS
Agenda Number                               19.009/09
Strategic Plan Reference                    PA03
File Reference                              23/14
Author                                      Acting Manager Infrastructure Services
Responsible Officer                         Roads & Capital Works Coordinators
Reporting Brief                             Acting Manager Infrastructure Services presenting a
                                            report on the impact of landslips on Council roads

Background

2009 has seen record rainfall figures in many parts of Tasmania, with the Huon Valley no
exception. In the nine months to 1 October, the Geeveston weather station recorded
1,042ml of rainfall, some 300ml above the comparative yearly average. The continual wet
weather has had a significant impact upon Council’s road network, causing problems with
potholes, corrugations, washouts and landslips. The latter has had the biggest impact in
terms of resources, with embankments having to be stabilised to prevent inundation and
undermining of roads (as shown in the photographs below).




                                            Landslip – New Road, Franklin




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                                     Landslip – Bermuda Road, Glen Huon

Report

Thus far this financial year there have been significant slips experienced on the following
roads: Moss Beds Road, Clearview Road, Pelverata Road, Graces Road, North Huon
Road, Cradoc Hill Road, Bermuda Road, Esperance Coast Road, Cygnet Coast Road,
Quarry Road and Victoria Road. In addition, there have been minor slips on numerous
roads that have resulted in blocked drains and culverts but have not required remedial
work to the road embankment. The latter have been repaired by the Roads Crew as part
of general road maintenance, whilst restoration of the major slips has been undertaken by
the Capital Works Crew, with costings recorded for each particular job.

The total cost of repairing major land slips thus far this financial year is $241,334. The
estimated cost of repairs to slips not yet repaired is $130,000 and it is conceivable that this
figure could go higher still. The issue for Council of course is that the magnitude of the
slips was unexpected and the cost of repairs has greatly exceeded the $100,000 allocation
provided in the 2009/2010 budget. The Local Government Association of Tasmania has
indicated that they intend to approach the State Government on behalf of Council’s to
obtain assistance to cover the costs of the impact of the extraordinary circumstances
experienced this year. In the likely event that this approach is unsuccessful, Council will
need to give consideration as to how it is going to fund the cost of repairs to the landslips.




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Consultations

In the preparation of this report, consultation has been undertaken with Council’s Roads
Coordinator and Capital Works Coordinator. Community members have provided
assistance to Council in terms of reporting landslips but would thus far be unaware of the
total cost of repairs.

Legislative Requirements

Council has a legal obligation to maintain roads to a safe standard and has no option but
to repair landslips as quickly as possible where they impact upon the safety of road users.

Risk Implications

Landslips present a safety hazard both in terms of the deposition of material on the
carriageway and in regard to the undermining of the road base.

Council Policy

Council does not have an existing policy in relation to dealing with the problem of landslips
and how to fund the work. However, it is noted that the slip on New Road was funded by
deferring a project from the 2008/2009 Capital Works budget.

Options

Assuming that no sources of external funding are available to Council, a decision has to be
made on where to fund the additional costs in excess of the $100,000 budget to undertake
repairs to landslips on roads. In this regard, the options to fund the work are as follows:

   1. The 2009/2010 Capital Works budget;
   2. Deficit fund the 2010/2011 Capital Works budget;
   3. Cash reserves.

If the work was to be funded from the 2009/2010 Capital Works budget, there would be a
need to defer a number of projects currently scheduled for this financial year. However,
this is not possible for projects funded under the Roads to Recovery Program, for which
School Road, Crabtree Road and Wattle Grove Road have been earmarked for this
financial year.

Given the community expectation that projects will be completed this financial year, it is
recommended that Council not defer this year’s Capital Works projects and fund the work
from cash reserves (as recommended in the report from the Manager Corporate Services
contained within this Agenda).




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Human Resource and Financial Implications

The cost of repairing landslips to date is $241,000, with an estimated additional sum of
$130,000 required to fix the remaining known slips. With the approach of summer the
ground should begin to dry out and the likelihood of additional slips should significantly
diminish. It is thus envisaged that the total cost of repairing land slips for the financial year
won’t exceed $400,000.

19.009/09
RESOLVED                                        CR WILSON                             CR HERON

That:

a)       That the report on the impact of landslips on Council roads be received and
         noted.

b)       A full report containing final details of the impact of landslips on Council roads
         be provided once all repairs are complete.

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
           voted for the motion & no Councillors voted against the motion.




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Title                                       REQUEST TO TAKEOVER RESPONSIBILITY OF
                                            ROAD - BYGRAVES ROAD - CRABTREE
Agenda Number                               19.010/09*
Strategic Plan Reference                    PA03
File Reference                              23/324
Author                                      Acting Manager Infrastructure Services
Responsible Officer                         Acting Manager Infrastructure Services
Reporting Brief                             Acting Manager Infrastructure Services presenting a
                                            report to Council on a request for the take-over of
                                            responsibility for a 600m section of Bygraves Road,
                                            Crabtree.

Background

In August 2009, correspondence was received from owners of land adjacent to Bygraves
Road, Crabtree requesting that Council take over responsibility for a 600m section of the
road (see attached). Council currently maintains 960m of the road, with the final 600m
being a reserve road for which Council has no maintenance responsibilities.

Report

The section of road in question services two properties, only one of which currently has a
residence on it. Council’s Roads Coordinator has inspected the road and has advised that
it would cost $3,750 to maintain the 600m section on an annual basis. The relatively high
annual maintenance cost is due to the steepness of the road, which has a propensity for
landslips. Whilst the adjoining property owners have indicated a preparedness to upgrade
the section of road to Council standards, it would appear unwise for Council to agree to
take over future responsibility when the ongoing maintenance costs are weighed up
against the number of residents (both current and potential) serviced by the section of
road.

Consultations

Consultation has occurred between Council staff and landowners adjacent to the section
of road in question.

Legislative Requirements

The relevant legislation in relation to this matter is Section 12 of the Local Government
(Highways) Act 1982, which states that:

(1)       A Corporation may, by resolution of the Council, declare that a road or other way
          within the municipality that is not a highway shall become, as specified in the
          resolution, a highway maintainable by the corporation or a particular kind of
          highway so maintainable.

(2)       Where the standard requirements are applicable, the Council shall not pass a
          resolution under this section unless it is satisfied that those requirements are
          complied with in respect of the road or other way to which the resolution relates.
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Council is thus under no obligation to assume responsibility for the road and needs to be
satisfied that a decision to do so is justifiable.

Risk Implications

Nil

Council Policy

Council does not have a policy in relation to this matter but has previously resolved to
assume responsibility for roads where there has been an agreement to upgrade the road
to Council standards and the annual maintenance costs compare favourably with the
return on rates for the properties serviced by the road. In this instance, it is considered
that the cost of maintaining the section of road on an ongoing basis greatly exceeds the
rate return to Council (both current and potential) for the properties in question.

Options

The options for Council in relation to this matter are to continue the status quo or take over
responsibility of this road section as a continuation of the current grading program.

Human Resource and Financial Implications

As noted previously, the annual maintenance cost to Council for maintaining the additional
section of Bygraves Road would be a minimum of $3,750 which would obviously be
subject to increases in line with the cost of materials and labour. The cost to upgrade the
road to a standard acceptable to Council has been calculated at $18,400.

19.010/09*
RESOLVED                                         CR WILSON                             CR SMITH

That:

a)          The report on the request for take-over of responsibility for an additional
            600m section of Bygraves Road, Crabtree be received and noted.

b)          Council resolves not to assume responsibility for the final 600m section of
            Bygraves Road, Crabtree.

      •     Councillors Heron, Wilson, Smith, Duggan & Woodruff voted for the motion &
            Councillors Armstrong, Doyle & Gudden voted against the motion.




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Mayor Armstrong declared an interest in Item 19.011/09 and left the meeting at
7.32pm.

Deputy Mayor Heron assumed the Chair at 7.32pm.

Title                                       CONSTRUCTION OF ROADWAY OFF PALMERS
                                            ROAD, PORT HUON
Agenda Number                               19.011/09
Strategic Plan Reference                    PA01
File Reference                              SUB-77/2008
Author                                      Acting Manager Infrastructure Services
Responsible Officer                         Engineering Assistant
Reporting Brief                             Acting Manager Infrastructure Services presenting a
                                            report on the construction of an access road off Palmers
                                            Road, Port Huon.

Background

Council approved a 46 lot subdivision at 4496 Huon Highway Port Huon on behalf of
Castleray Pty Ltd in December 2008. A proposal for the subdivision of the same land for
45 lots was approved in February 2007 but the conditions of approval were appealed by
the owner. The Department of Infrastructure, Energy and Resources also joined the
appeal due to concerns regarding traffic movements onto the Huon Highway at the
intersection with Palmers Road. The appeal was resolved by a consent agreement and an
amended permit was issued in August 2007.

Subsequently, development commenced on an adjoining property that included the
provision of a gravel access road off Palmers Road to service twelve residential lots.
There was no opportunity for Council to condition the construction of this private access
road as titles were granted some 70 years ago. As the road was only 40m from the
designated access point for the Castleray development, Council entered into discussions
with both parties to consolidate the two access roads to achieve a better outcome for all
concerned.

It was consequently agreed that Council would take over the ownership of the land on
which the private access road was being constructed and that Council and Castleray Pty
Ltd would fund the upgrade of the road to normal Council standards. An amended plan
that reflected the above was then submitted to Council and approved under delegated
authority in December 2008. The matter of responsibility for costs associated with the
upgrade was considered by the Council in the preparation of the 2009/10 budget, where it
was resolved to allocate an amount of $55,000 towards the project.

At a meeting between representatives of Castleray Pty Ltd and Council’s former General
Manager on 23 July 2009, it was identified that it was desirable to include additional kerb
and channel and storm water provisions in the planned upgrade of the road. A
commitment was given at this meeting that Council would consider the increased costs
associated with these additional requirements. A revised costing dated 21 October 2009
identifies Council’s contribution towards the additional costs as being $32,805.

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Report

The rationale behind the request for Council to provide increased funding is based on the
logic that the additional works are of no direct benefit to the Castleray Pty Ltd subdivision.
It is considered that this argument is sound and in the interests of achieving the best result
for construction of a roadway that will not cause future problems for Council, the additional
funding should be provided. It should be noted that the greatest beneficiaries of the road
upgrade will be the owners of the 12 residential blocks that have direct frontage to the new
roadway. It is thus appropriate that they make a contribution to the upgrade and it is
suggested that this be sought through a frontages scheme. In the interim, Castleray Pty
Ltd are anxious to proceed with their development that has been held up now for a
considerable length of time. It is thus recommended that Council agree in principle to
provide the additional funding.

Consultations

In the preparation of this report, consultation has occurred with representatives from
Castleray Pty Ltd, consulting engineer Tim Burbury, Cr Mike Wilson and former Deputy
Mayor Laurie Dillon.

Legislative Requirements

Conditions relating to the construction of the roadway are included within Castleray Pty
Ltd’s planning permit for the proposed 46 lot subdivision.

Risk Implications

The additional requirements for kerb and channel and storm water disposal have been
identified by Council’s Assistant Engineer as being desirable to minimise future liabilities
once Council becomes responsible for the road.

Council Policy

It is standard practice for Council to contribute to the cost of infrastructure provision
associated with private development that has a wider public benefit.

Options

Council effectively has two options available in relation to this matter and that is to accede
to the call for additional funding or deny the request. The developer has been cooperative
in agreeing to amend plans to achieve an outcome that is in the best long term interests of
all concerned. For the reasons identified previously in this report, it is considered
appropriate that Council agree to provide an increase in funds to achieve a resolution to
the matter. The question for Council is then where the funds will come from, with the most
appropriate option being those who stand to benefit most from the provision of a sealed
road with kerb and channel directly outside their property.




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At this point in time, the details of the arrangement under which Council might seek to levy
a charge on these properties has yet to be determined. Similarly, it is unclear as to the
quantum of funds that may be recouped through this means. However, it is considered
important that Council provide an in principle approval to provide the additional funds to
enable the construction of the roadway (and hence the associated development) to
proceed.

Human Resource and Financial Implications

The total cost of the construction of the roadway is $265,021 of which Council has been
requested to contribute $87,500. As noted previously, Council’s commitment thus far is
$55,000, leaving a shortfall of $32,500. It is recommended that this funding be sought via
a frontages scheme applied to property owners adjoining the road, with any shortfall to be
deficit funded from the 2010/11 Capital Works budget.

19.011/09
RESOLVED                                        CR WILSON                             CR DOYLE

That:

a)       The report on the construction of an access road off Palmers Road, Port Huon
         be received and noted.

b)       Council agrees in principle to provide additional funding of $32,500 towards
         the construction of stormwater infrastructure as a component of the access
         road associated with the subdivision development by Castleray Pty Ltd.

c)       Options to recoup Council’s investment from property owners directly
         adjoining the roadway be pursued.

d)       Any shortfall in funding be addressed in Council’s 2010/11 budget.

     •     Councillors Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff voted for the
           motion & no Councillors voted against the motion.




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Mayor Armstrong returned to the meeting and resumed the Chair at 7.34pm.

Title                                       SOUTHPORT WALKWAY
Agenda Number                               19.012/09
Strategic Plan Reference                    SA07
File Reference                              22/298
Author                                      Acting Manager Infrastructure Services
Responsible Officer                         Capital Works Coordinator
Reporting Brief                             Acting Manager Infrastructure Services presenting a
                                            report on the Southport Walkway.

Background

Council made an allocation of $50,000 in its 2008/09 for the construction of a walkway
between the Southport Tavern and the foreshore. This figure was an arbitrary amount
based on available funds rather than prepared estimates. Preliminary investigations into
the feasibility of the constructing the walkway indicated that the amount allocated was not
sufficient to undertake the work and hence the funds were carried forward to the 2009/10
financial year.

Report

Given the uncertainty over the location of property boundaries and associated boundary
fences, it was necessary to obtain a survey of the length of the proposed walkway.
Unfortunately, this took some time to attain due to the ill health of the contract surveyor.
Once this was obtained, a detailed design was completed for the length of the track (see
Attachments to the Agenda). The plans are based on containing the walkway within the
road reservation on the northern (tavern) side of the road. The presence of open drains
and the angled embankment within the road reservation necessitates a requirement for
substantial lengths of elevated boardwalk, as well as a section requiring fill. The total cost
of construction of the track is calculated at $205,000 with an additional $10,000 required
for fencing.

Consultations

To date, there have only been preliminary discussions with adjoining property owners. A
more comprehensive consultation process with affected property owners will be
undertaken as part of the exploration of options for the walkway, as well as broader
communication with the community to advise of the status of the project.

Risk Implications

Feedback from local residents indicates that people regularly walk to and from the
Southport beach and tavern. In the absence of a dedicated walkway, pedestrians are
required to walk on the roadway, which creates an obvious risk due to potential conflicts
with vehicular traffic.




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        This is PAGE - 951 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Council Policy

There is no relevant Council policy in relation to this matter. However, there are a number
of examples throughout the municipal area (such as the Lymington Walkway and Dover
Walking Track) in which Council has constructed walkways to improve the safety of
pedestrians.

Options

Given that the cost of the project greatly exceeds the allocated funds, the following options
are available to Council:

     1.     Abort the project and reallocate the funds elsewhere;
     2.     Complete part of the project with the funds available;
     3.     Investigate alternate options to reduce the cost of the project; or
     4.     Defer the project to enable additional funds to be sought.

There is strong support within the community for the walkway and an expectation has
been created that it will be provided by Council. To abort the project would thus be
unwise, both from a community relations and safety perspective. Completing part of the
walkway would demonstrate Council’s commitment to the project but would achieve little in
terms of improving pedestrian safety. In the absence of additional funding, this would
result in an undesirable partially completed project. Alternate options to complete the
project include investigation into other routes for the walkway. These include linkages with
Wilsons Road or access through private land by means of a licence agreement or property
acquisition. It is considered that these should be fully investigated and any requirement for
additional funds listed for consideration in the budget preparation process for 2010/11.

Human Resource and Financial Implications

The total cost of the walkway if constructed within the road reservation is $215,000. Other
options have yet to be investigated or costed.

19.012/09
RESOLVED                                                   CR DOYLE                              CR WILSON

That:

a)        The report on the Southport Walkway be received and noted.

b)        Alternate options for the construction of a walkway between the Southport
          tavern and foreshore be investigated.

c)        Any additional funding required for the project be listed for consideration in
          Council’s budget preparation process for 2010/11.

d)        The community be kept informed as to the status of the project.

     •      Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
            voted for the motion & no Councillors voted against the motion.


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          This is PAGE - 952 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Title                                       ROAD WORKS – PERCY STREET AND PORT HUON
                                            MARINA
Agenda Number                               19.013/09*
Strategic Plan Reference                    PA01
File Reference                              DA-248/2007
Author                                      Acting Manager Infrastructure Services
Responsible Officer                         Acting Manager Infrastructure Services
Reporting Brief                             Acting Manager Infrastructure Services presenting a
                                            report on road works associated with the re-
                                            development of the Port Huon Marina.

Background

Council approved an application for the redevelopment of the Port Huon Marina Huon in
2007. The proposal included a new access road located opposite Percy Street that also
services the Port Huon Sports Centre. Conditions of approval for the development
included a requirement that the access road be sealed, along with a section of Percy
Street from the junction with the Huon Highway. Plans providing details of the proposed
works have been submitted to the Department of Infrastructure Energy and Resources
(DIER) for approval (see attached). The latter has requested advice on who will be
responsible for the future maintenance of the works. The developer has also sought a
contribution from Council towards the cost of the works on the basis that there is a benefit
to the Port Huon Sports Centre.

Report

It is not considered appropriate that Council contribute to the sealing of either the entrance
to Percy Street or the access road into the marina. The roadworks are solely associated
with a private development and the fact that a portion of the road is shared as an access to
the Port Huon Sports Centre is incidental. In relation to the question of responsibility for
future maintenance of the works, it is reasonable for Council to accept responsibility for the
works in Percy Street, as well as the length of the road providing shared access to the Port
Huon Sports Centre.        It is considered that Council has no responsibility for the
maintenance of the balance of the roadway leading to the marina.

Consultations

In the preparation of this report, consultation has been undertaken representatives from
Johnstone, McGee and Gandy, consulting engineers for the developer.

Legislative Requirements

The developer has a legal obligation to comply with the conditions of their planning permit.

Risk Implications

Nil

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        This is PAGE - 953 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Council Policy

It is standard Council practice to contribute towards the cost of infrastructure for which
there is a demonstrated public benefit. In this instance, it is considered inappropriate for
Council to make a contribution as the benefits of improved access to the Port Huon Sports
Centre are both negligible and incidental.

Options

The options in relation to this matter are relatively straight forward – Council can either
accede to the request for a contribution to the works or turn down the request.

Human Resource and Financial Implications

Council has not allocated any funds to contribute towards the cost of the works in
question. Funding for the ongoing maintenance for the sections of the works for which it is
recommended that Council assume responsibility will be sourced from the roads
maintenance operational budget.

19.013/09*
RESOLVED                                        CR DUGGAN                             CR DOYLE

That:

a)       The report on roadworks associated with the re-development of the Port Huon
         Marina be received and noted.

b)       Subject to completion of works to Council standards, Council agrees to
         assume ongoing responsibility for the maintenance of the works in Percy
         Street and for the section of roadway that provides a shared access to the Port
         Huon Sports Centre.

c)       The owners of the Port Huon Marina be advised that Council is not prepared to
         contribute to the cost of the works required as a condition of approval for the
         redevelopment of the marina.

     •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
           voted for the motion & no Councillors voted against the motion.




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         This is PAGE - 954 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
Title                                       HUON   VALLEY   ECONOMIC                                DEVELOPMENT
                                            ADVISORY COMMITTEE MEETING
Agenda Number                               20.025/09*
Strategic Plan Reference                    SA06
File Reference                              07/33
Author                                      General Manager
Responsible Officer                         General Manager
Reporting Brief                             The General Manager presenting a report from the Huon
                                            Valley Economic Development Advisory Committee
                                            Meeting held 19 October 2009

Background

The Huon Valley Economic Development Advisory Committee held a meeting on Monday
19 October 2009. A copy of the minutes is included as an Attachment to the Reports.

Consultations

Consultation has taken place with the General Manager in the preparation of this report.

20.025/09*
RESOLVED                                       CR HERON                              CR WILSON

That the Minutes from the Meeting of the Huon Valley Economic Development
Advisory Committee held on Monday 19 October 2009 be received and noted.

   •      Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
          voted for the motion & no Councillors voted against the motion.




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        This is PAGE - 955 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
CLOSED COUNCIL

RESOLVED                                     CR WILSON                             CR DOYLE

That the meeting now be closed to the public as at 7.42pm to discuss matters
relating to Regulations 15(2)(e), 15(2)(h) and 15(2)(j) of the Local Government
(Meeting Procedures) Regulations 2005.

Absolute Majority Required

  •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
        voted for the motion & no Councillors voted against the motion.

CARRIED BY ABSOLUTE MAJORITY




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      This is PAGE - 956 /2009 of the MINUTES for the Ordinary Meeting of Huon Valley Council held on 11 November 2009
OPEN COUNCIL

RECOMMENDATION

That the meeting now be open to the public as at 8.10pm.

   •     Councillors Armstrong, Heron, Wilson, Smith, Doyle, Duggan, Gudden & Woodruff
         voted for the motion & no Councillors voted against the motion.




CLOSURE
The meeting closed at 8.11pm.

CONFIRMED




CR R ARMSTRONG
MAYOR




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