agenda - kingborough council · 9/11/2017 · agenda no. 20 11 september 2017 go dogs graffiti cr...

AGENDA

NOTICE is hereby given that an Ordinary meeting of the

Kingborough Council will be held in the Civic Centre, Kingston on

Monday, 11 September 2017 at 5.30pm

Back (L – R): Cr Paul Chatterton, Cr Mike Percey, Cr Sue Bastone, Cr Dean Winter, Cr Richard Atkinson

Front (L – R): Cr Dr Graham Bury, Cr Flora Fox, Mayor Cr Steve Wass, Deputy Mayor Cr Paula Wriedt, Cr David Grace

PUBLIC MINUTES

These Minutes are provided for the

assistance and information of members

of the public.

QUALIFIED PERSONS In accordance with Section 65 of the Local Government Act 1993, I confirm that the reports contained in Council Meeting Agenda No. 20 to be held on Monday, 11 September 2017 contain advice, information and recommendations given by a person who has the qualifications or experience necessary to give such advice, information or recommendations.

Gary Arnold GENERAL MANAGER 5 September 2017

ORDER OF BUSINESS

Open Session Page No.

Apologies 2 Confirmation of Minutes of Council Meeting No. 18 Held on 28 August 2017 2 Confirmation of Minutes of Special Council Meeting No. 19 Held on 4 September 2017 2 Workshops Held since Council Meeting on 4 September 2017 3 Declarations of Interest 3 Transfer of Agenda Items 3 Guidelines for Public Question Time 3 Questions on Notice from the Public 4 Questions Without Notice from the Public 4 Questions on Notice from Councillors 4 Decisions Under Delegation 4 Designated Smoking Areas 5 Kingborough Council Kerbside Recycling 5 Go Dogs Graffiti 6 Questions Without Notice from Councillors 6 Motions of Which Notice has been Given 6 Petitions Still Being Actioned 6 Petitions Received in Last Period 6 Officers Reports to Planning Authority 7 Delegated Authority for the Period 16 August 2017 to 29 August 2017 7 DA-2017-299 - Development Application for Change of Use From Restaurant/Bar to Two Apartments and Associated Carports at 'Taroona Hotel', 178 Channel Highway, Taroona for JSA Consulting Engineers 10

ORDER OF BUSINESS

Open Session Page No.

Officers Reports to Council 31 Tassal Community Advisory Groups 31 Climate Change Innovation Lab Tasmania 34 Customer Service Charter 42 Information Reports 58 General Manager’s Diary for the Period 7 August to 4 September 2017 59 Current and Previous Minute Resolutions 60 Confirmation of Items to be Dealt with in Closed Session 64

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Agenda No. 20 11 September 2017

AGENDA of an Ordinary Meeting of Council to be held at the Kingborough Civic Centre, Kingston on Monday, 11 September 2017 at 5.30pm.

From To Time Occupied

Open Council 5.30pm

Planning Authority

Open Council

Closed Council

Open Council

TOTAL TIME OCCUPIED

AUDIO RECORDING

The Chairperson is to direct commencement of the recording. Declare meeting open (time), welcome all in attendance and read:

“All persons in attendance are advised that it is Council policy to record Council Meetings. The audio recording of this meeting will be made available to the public on Council’s web site. In accordance with Council Policy, I now ask staff to confirm that the audio recording has commenced.”

ACKNOWLEDGEMENT OF TRADITIONAL OWNERS

The Chairman will acknowledge and pay respect to the Tasmanian Aboriginal Community as the traditional and original owners and continuing custodians of the land on which we now meet, and acknowledge elders past and present.

ATTENDEES

Councillors:

Mayor Councillor S Wass

Deputy Mayor Councillor P Wriedt

Councillor R Atkinson

Councillor S Bastone

Councillor F Fox

Councillor D Grace

Councillor D Winter

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Staff:

TITLE NAME

APOLOGIES

Cr Dr Graham Bury Cr Mike Percey Cr Paul Chatterton

CONFIRMATION OF MINUTES OF COUNCIL MEETING NO. 18 HELD ON 28 AUGUST 2017

MOVED SECONDED That the Minutes of Council Meeting No. 18 held on 28 August 2017 be confirmed.

Name For Against Name For Against

Cr Atkinson Cr Wass

Cr Bastone Cr Winter

Cr Fox Cr Wriedt

Cr Grace

CONFIRMATION OF MINUTES OF SPECIAL COUNCIL MEETING NO. 19 HELD ON 4 SEPTEMBER 2017

MOVED SECONDED That the Minutes of Special Council Meeting No. 19 held on 4 September 2017 be confirmed.


Cr Atkinson Cr Wass


Cr Fox Cr Wriedt

Cr Grace

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WORKSHOPS HELD SINCE COUNCIL MEETING ON 4 SEPTEMBER 2017

Nil

DECLARATIONS OF INTEREST

In accordance with Regulation 8 of the Local Government (Meeting Procedures) Regulations 2015 and Council’s adopted Code of Conduct, the Mayor requests Councillors to indicate whether they have, or are likely to have, a pecuniary interest (any pecuniary benefits or pecuniary detriment) or conflict of interest in any item on the Agenda.

TRANSFER OF AGENDA ITEMS

Are there any items, which the meeting believes, should be transferred from this agenda to the closed agenda or from the closed agenda to the open agenda, in accordance with the procedures allowed under Section 15 of the Local Government (Meeting Procedures) Regulations 2015.

GUIDELINES FOR PUBLIC QUESTION TIME

At each meeting of Council or a Council Committee there will be an opportunity for questions to be asked by any member of the public. A question may either be in writing, or may be verbally asked at the meeting. You are reminded that the forum is designed to accommodate questions only. Neither the questions nor answers will be debated. A period of 15 minutes, if required, will be set aside and the Chairperson will endeavour to deal with as many questions as possible at each meeting. If a response to a question cannot be provided at the meeting a written response will be provided as soon as practicable. If time constraints do not permit all questions to be put, the Council will reply to any question that is put in writing. A Question must not relate to any matter that is listed on the agenda for the meeting. Questions in Writing : A member of the public may give written notice to the General Manager 7 days before a meeting of a question to be put to the meeting. The question will appear in the agenda of the meeting, and a written response will be recorded in the minutes. There is no standard form for such questions, but they should be clearly headed Question(s) on Notice. Questions asked at the Meeting : At the commencement of Question Time the Chairperson will ask members of the public present, if there are any questions, and if so what are those questions? This procedure is to permit the Chairperson to determine an appropriate time limit for Question Time and perhaps limit the opportunity for multiple questions, and to determine whether each question is appropriate. There is to be no discussion, preamble or embellishment of any question at this time.

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The Chairperson will then determine which of those questions will be accepted and will provide the reason for any refusal; will determine the order of the questions, and may set a time limit for Question Time. The Chairperson may require a question to be put on notice and in writing. A member of the public present may only ask one question at a time. The Chairperson may give preference to questions from other members of the public before permitting second or further questions from a member of the public. The Chairperson may rule that a multi-part question is in fact two or more questions, and deal with them accordingly. The Chairperson may rule a question inappropriate, and thus inadmissible if in his or her opinion it has already been asked, is unclear, irrelevant, offensive or relates to any matter which would normally be considered in Closed Session. Lengthy preambles or introductions are discouraged, and the Chairperson may require that a member of the public immediately put the question.

QUESTIONS ON NOTICE FROM THE PUBLIC

At the time the Agenda was compiled there were no questions on notice from the public.

QUESTIONS WITHOUT NOTICE FROM THE PUBLIC

QUESTIONS ON NOTICE FROM COUNCILLORS

Decisions Under Delegation

At the Council meeting on 14 August 2017, Cr Bury asked the following question without notice to the General Manager, with a response that the question would be taken on notice :

Council would be aware that the time limit was extended and passed onto the GM during the week. My question is, how many times have the DA’s been dealt with in this way, I appreciate that permission wasn’t given to extend the time but how many since we went to fortnightly Council meetings which would be about three years ago, but I recall being advised that it was unlikely to happen once we did so.

Officer’s Response:

Since we commenced fortnightly meetings in January 2016 the total number of decisions made under delegation for 2016 was 10 and in 2017 to date the number is 6.

Tasha Tyler-Moore - Manager Development Services

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Designated smoking areas

Cr Bury has submitted the following question on notice :

Would the General Manager please confirm that Local Government has the power through Section 67B (c) of the Public health Act 1997, to designate smoke free areas such as; around schools, bus shelters, streets and public places. Provided that Council is the ‘occupier’ (or Owner) of the area concerned?

Has any consideration yet been given to designating public areas in Kingston Park, smoke free?


In accordance with Section 67B(c) of the Public Health Act 1997 (the Act), Council can declare any outdoor public area where Council is the occupier of that area, as a smoke free area. The area may be declared as a smoke free area by the installation of signage approved by the Director of Public Health. Any area designated by Council as a smoke free area would be required to be enforced by Council. However Council’s Environmental Health Officers are not currently delegated to enforce Section 67 of the Act.

Jon Doole - Manager Environmental Services Kingborough Council Kerbside Recycling

Cr Bury has submitted the following question on notice :

Can staff please detail the journey of plastic material placed in the Kingborough recycling bins, through to their ultimate recycling destination?

Are staff able to confirm that plastic material placed in the Kingborough recycling bins, is in fact recycled?

Officer’s Response: The following occurs with plastic bottles collected through the kerbside recycling service. The comingle recycling is collected by the kerbside collection trucks and transported to the SKM Materials Recovery Facility (MRF) at Lutana. The comingle recycling is sorted into its different types of recycling (Paper, Cardboard, Steel Cans, Glass, Aluminium Cans etc.) through an automated sorting process. The plastics are then sent through another automated optic sorting process to separate the plastics in to their different types of plastic grades such as PET, White HDPE, and Coloured HDPE/PP.

The sorted plastics are then baled and transported to the mainland for sale to local and overseas manufacturers for processing into raw materials that are added to new plastic products.

David Reeve - Executive Manager Engineering Services

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Go Dogs Graffiti

Cr Winter has submitted the following question on notice :

'GO DOGS' was spray painted on a prominent fence at the Roslyn Avenue/Algona Road roundabout in September 2016 Presumably, the phrase was a prophetic ode to the impending Western Bulldogs 2016 AFL Premiership Victory. This was likely the work of someone who appreciated both the long Bulldogs Premiership drought being broken and the inspiring, free-flowing attacking style the young upstart bulldogs were playing. That being said, with the demise of the Dogs' 2017 Premiership hopes last month, is Council able to facilitate the graffiti's removal from this busy Blackmans Bay roundabout?


The matter has been attended to.

Daniel Smee - Manager Governance and Property Services

QUESTIONS WITHOUT NOTICE FROM COUNCILLORS

MOTIONS OF WHICH NOTICE HAS BEEN GIVEN

At the time the Agenda was compiled there were no Notices of Motion received.

PETITIONS STILL BEING ACTIONED

There are no petitions still being actioned.

PETITIONS RECEIVED IN LAST PERIOD

At the time the Agenda was compiled, no petitions had been received.

OPEN SESSION OF COUNCIL ADJOURNS

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Planning Authority Meeting commenced at

OFFICERS REPORTS TO PLANNING AUTHORITY

FILE NO 17.170

DATE 30 AUGUST 2017

OFFICER TASHA TYLER-MOORE – MANAGER DEVELOPMENT SERVICES

DELEGATED AUTHORITY FOR THE PERIOD 16 AUGUST 2017 TO 29 AUGUST 2017

The following are matters that have received delegated approval from the Manager – Development Services for the period 16 August 2017 to 29 August 2017. DEVELOPMENT APPLICATIONS FOR PERMITTED DEVELOPMENT/USE DA-2017-325 Mrs R A Rosie

Unit 4/36 Queens Parade, KINGSTON

Change of use to visitor accommodation

DEVELOPMENT APPLICATIONS FOR DISCRETIONARY DEVELOPMENT/USE DA-2017-222 Cunic Homes

31 Tetratheca Drive, KINGSTON

Dwelling

DA-2017-231 Mr R De Carvalho 2322 Channel Highway, LOWER SNUG

Dwelling

DA-2017-214 P & J Sheds Pty Ltd 11-13 Serena Road, ADVENTURE BAY

Shed

DA-2017-315 Mr D W Petty Tenancy 2, 37 Ascot Drive, HUNTINGFIELD

Change of use to martial arts

DA-2017-295 Ms K Stewart and Mr B C Salmon Lot 12 Oxleys Road, KETTERING (CT 80386/12)

Dwelling

PLANNING AUTHORITY IN SESSION

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DA-2017-268 Matt Williams Architects 10 Auburn Road, KINGSTON BEACH

Carport, deck and alterations to studio

DA-2017-154 Wilson Homes 289 Howden Road, HOWDEN

Dwelling

DA-2017-201 Mr M C McLeod-Thorpe 20 Willowbend Road, KINGSTON

Carport

DA-2017-266 Cunic Homes 9 Torpy Avenue, SNUG

Three units (one existing)

DA-2017-290 Mr L R Haigh 78 Ferry Road, KETTERING

Alterations and additions to existing dwelling (existing deck to be replaced with new deck, alterations to living and dining room, bedroom addition and existing bedroom converted into rumpus and existing single garage and shed to be demolished and replaced with two car space carport)

DA-2017-312 Maveric Builders 3 Advocate Drive, KINGSTON

Dwelling

DA-2017-10 Mr P C Boustead 7 Ferry Road, KETTERING

Boat shed

DA-2017-305 Mr W S Adams and Mrs E M Adams 3 Antonio Court, KINGSTON

Carport

DA-2017-95 Ms C Lindus “Kingston Park”, 42 Channel Highway, KINGSTON

Kingborough Community Hub

DEVELOPMENT APPLICATIONS FOR LOT SUBDIVISION/BOUNDARY ADJUSTMENT/STRATA/STAGED DEVELOPMENT SCHEME/ADHESION ORDER/SEALED PLAN AMENDMENT STR-2017-18 Mr B A Cooper

57 Patriarch Drive, HUNTINGFIELD

Stratum Plan - (Stage 1) Lots 1, 2 and 3

STG-2017-17 Mr B A Cooper 57 Patriarch Drive, HUNTINGFIELD

Staged Development Scheme

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DEVELOPMENT APPLICATIONS FOR MINOR AMENDMENTS TO PERMIT DA-2016-231 Cunic Homes

53 and 57 Patriarch Drive, HUNTINGFIELD

Amendment to remove the highlite window on the western elevation of the Stage 1 warehouse, and landscaping between warehouse 1 and 2, and relocate the garage roller door and entry door, as well as replacing the corrugated feature tilt up panels with panels with an 'Ironstone' paint finish.

DEVELOPMENT APPLICATIONS FOR NO PERMIT REQUIRED DA-2017-357 Morrison & Breytenbach

Architects Pty Ltd 432A Howden Road, HOWDEN

Dwelling and shed

DA-2017-348 Cunic Homes 11 Booyaa Street, KINGSTON

Dwelling

DA-2017-79 L Valta 29 Tetratheca Drive, KINGSTON

Dwelling

DEVELOPMENT APPLICATIONS REPRESENTATIONS RECEIVED DA-2017-295 Lot 12 Oxleys Road,

KETTERING (CT 80386/12) Dwelling Representations - 2

RECOMMENDATION MOVED SECONDED That the report be noted.


Cr Atkinson Cr Wass


Cr Fox Cr Wriedt

Cr Grace

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FILE NO DA-2017-299

DATE 15 AUGUST 2017

OFFICER MELISSA STEVENSON - SENIOR PLANNING OFFICERENDORSED BY TASHA TYLER-MOORE – MANAGER DEVELOPMENT SERVICES

DA-2017-299 - DEVELOPMENT APPLICATION FOR CHANGE OF USE FROM RESTAURANT/BAR TO TWO APARTMENTS AND ASSOCIATED CARPORTS AT 'TAROONA HOTEL', 178 CHANNEL HIGHWAY, TAROONA FOR JSA CONSULTING ENGINEERS

Application Number: DA-2017-299

Applicant: JSA Consulting Engineers

Owner: Sydney International Track Club Pty Ltd

Zoning: Local Business

Discretions: Use, building design and passive surveillance

Existing Land Use: Commercial and multiple residential

No. of Representations: Five (5)

Planning Issues: Use – loss of commercial use on the site

Recommendation: Refusal

1. THE PROPOSAL IN DETAIL

1.1 The Proposal

The proposal is for the change of use of an existing commercial space, currently used as a restaurant/bar, into two apartments. The commercial space forms part of a building which also contains seven apartments. A recent planning permit has been granted for an additional apartment block containing eight (8) residential apartments on the western portion of the site (DA-2014-211).

The two apartments consist of two bedrooms and a study, en-suite, separate bathroom and open plan kitchen, living and dining area. Each unit has a small deck accessed off the living area.

The proposal also involves the construction of a carport structure containing four (4) parking spaces. The carport is to be constructed over four existing parking spaces located along the Channel Highway boundary of the lot and currently contained within common property of the strata plan. The carport structure has Kliplok roof sheeting; however no colours have been selected at this stage. The existing steel balustrading on the boundary is to be retained.

The proposal also involves a change to the unit entitlements on the strata plan for Lot 8 and a change to the common property to include the carport within the new boundaries of Lot 8 and new Lot 10. This will be subject to an application for an amendment to the Strata Plan which would need to be submitted to Council once the development is completed.

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1.2 The Site

The subject land is an existing strata title development located on the corner of the Channel Highway and Jenkins Street at Taroona. The development consists of nine (9) strata lots, seven of which contain existing apartments, one is vacant but with approval for eight (8) additional units and one contains the existing commercial area which has been used as a restaurant/bar. The existing restaurant/bar is contained within Certificate of Title Volume 157047 Folio 8, which is 356.1m2 in area. The carport is to be constructed on the common property, which is contained within Certificate of Title Volume 157047 Folio 0.

The site has access from both the Channel Highway and Jenkins Street. The existing building is located within the northeastern part of the site, with parking areas located to the north, south and east of the building. The western part of the lot is currently vacant with the original dwelling on that site having previously been demolished. This is the site where the additional 8 units have been approved but are not yet constructed. The southern part of the lot contains a sealed parking area, which has historically been utilised by customers of the commercial development (restaurant) located within Lot 8 even though this parking area is contained within the privately owned lot and not within common property.

The site can be seen in Plate 1 and Photos 1 – 3 below.

Plate 1 – Aerial image showing subject land and surrounding properties

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Photo 1 – View of existing building looking north from the existing carpark. The large expanse of windows in the middle level on the left is where the existing commercial area

is located

Photo 2 – View of existing carparking spaces where carport structure is proposed to be constructed. Existing balustrade, which is to remain, can be seen above retaining wall

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Photo 3 – View of existing driveway down southwestern side of the existing building. New windows are to be constructed in this wall, together with a new cantilevered deck.

1.3 Background

In 2003 an application was submitted to demolish the existing Taroona Hotel at 178 Channel Highway and construct a mixed use, restaurant/bar, bottle shop, takeaway and apartment complex comprising 18 apartments and 3 serviced units (DA-2003-437). The proposal was approved by Council on 11 December 2003 subject to conditions which included modification to 5 serviced apartments and 16 residential apartments.

Council’s decision was appealed and the application was subsequently refused by the Resource Management and Planning Appeal Tribunal on 26 August 2004 on a number of grounds, including height and impact on adjoining residential properties.

In 2005, a new application was made for a redevelopment of the Taroona Hotel site, including the retention of the Hotel facade and demolition and redevelopment of the adjoining residential property at 180 Channel Highway, Taroona (DA-2005-5). This proposal involved the construction of three building groups labelled Block A (the existing hotel building), Block B (located on 180 Channel Highway) and Block C (located on the southern side of the existing hotel building at 178 Channel Highway).

The approval of Block A was for a restaurant, bottle shop, bar, seven (7) apartments and parking across three levels. Block B was approved as a three storey block of five (5) units and associated parking. The approved Block B building is 10.5m high at the highest point. Block C was approved for four (4) units and associated parking. The application proposed a total of 45 on site carparking spaces and an additional 10 carparking spaces located within the Jenkins Street road reserve.

The original permit was issued on 22 February 2005 with a condition requiring the provision of a minimum 24 parking spaces on the site for the residential apartments and the provision of 19 car parking spaces for the bar, restaurant and bottle shop. The condition also required that the 10 angled parking spaces shown on the plans in

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Jenkins Street be reduced to 5 parallel parking spaces. On 18 April 2007 an amended planning permit was issued with a condition that changed the number of parking spaces required for the commercial component of the development from 19 to 17.

There is no associated planning report detailing the reasons why a reduction in the number of carparking spaces was approved.

The first stage of the development, being Block A (the existing Taroona Hotel building) was undertaken and in April 2009 a strata title was issued for 9 lots. Lots 1 – 7 were for the seven (7) residential apartments, Lot 8 was for the commercial component of the development and Lot 9 was the balance undeveloped land, including the land at 180 Channel Highway. Lot 9 was the site for the approved Block B and C buildings.

In 2014 Council received an application for an amended design for the development on Lot 9 (DA-2014-211). This proposal provided for the replacement of approved Block B with a new building to contain eight (8) residential units and some carparking partially in the location of approved Block C. This application was approved by Council on 9 November 2015. The decision was subsequently appealed to the Resource Management and Planning Appeal Tribunal. The appeal was resolved by consent and an amended permit issued on 1 March 2016 in accordance with the Tribunal’s decision.

The current application was submitted in July 2017. The applicant has agreed to an extension of time until 31 August 2017 to enable the application to be considered by Council at a Council meeting.

2. PLANNING ASSESSMENT

2.1 Statutory Implications

The land is zoned Local Business under the Kingborough Interim Planning Scheme 2015 (the Scheme). The proposal has been assessed under the Residential Use Class provisions of the Scheme. The proposal is discretionary.

The relevant parts of the Scheme are:

Part 20.0 – Local Business Zone

Code E5.0 – Road and Railway Assets Code

Code E6.0 – Parking and Access Code

Code E7.0 – Stormwater Management Code

The following discretions apply to the development:

(a) Clause 20.2 – Use Table – the use is discretionary

(b) Clause 20.4.3(A1) – Building design – less than 40% of the front façade is glazed

(c) Clause 20.4.4(A1) – Passive Surveillance – less than 40% of the front façade is glazed

Council's assessment of this proposal should also consider the issues raised in the representations, the outcomes of any relevant State Policies and the objectives of Schedule 1 of the Land Use Planning and Approvals Act 1993.

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2.2 Public Consultation

The application was advertised in accordance with the requirements of s.57 of the Land Use Planning and Approvals Act 1993 (from 02/08/2017 to 15/08/2017). Five (5) representations were received during the public exhibition period. One of the representations was from the Department of State Growth stating that they have no objection to the application. The details of this submission are discussed in the External Referrals section of this report below.

The following issues were raised by the other representors:

(a) Conversion of commercial space to residential is not appropriate and will result in a significant loss to the local community

2.3 Strategic Planning

Clause 20.2 – Use Table

In accordance with Clause 20.2 the Residential Use Class has the following status:

No Permit Required Only if home-based business

Permitted Only if above ground floor level (except for access) or if more than 25m from frontage, and except if no permit required

Discretionary Except if permitted

The proposal is not for a home based business and therefore cannot be ‘No Permit Required’. The residential use is at ground floor level and is less than 25m from the frontage and therefore cannot be ‘Permitted’. The proposed change of use is therefore ‘Discretionary’.

The planning authority therefore has the discretion to refuse or permit the proposed change of use.

The relevant strategies associated with the Scheme are as follows:

Zone Purpose Statements of the Local Business zone

The zone purpose statements of the Local Business zone are to:

20.1.1.1 To provide for business, professional and retail services which meet the convenience needs of a local area.

20.1.1.2 To ensure that facilities are accessible by public transport and by walking and cycling.

20.1.1.3 To allow for small scale dining and entertainment activities at night provided that residential amenity of adjoining residential zoned land is protected.

20.1.1.4 To encourage residential use provided that it supports the viability of the activity centres and an active street frontage is maintained.

20.1.1.5 To ensure that building design and use is compatible with surrounding development and use, particularly on land in residential zones.

http://www.iplan.tas.gov.au/pages/plan/book.aspx?exhibit=kinips








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20.1.1.6 To allow for small shopping centres that might include a supermarket and specialty shops.

20.1.1.7 To allow for limited office based employment provided that it supports the viability of the activity centre and maintains an active street frontage.

20.1.1.8 To allow for dining and entertainment activities at night within food premises or local hotel.

Under the previous planning scheme, Kingborough Planning Scheme 2000, the subject land was zoned Business and Civic. During the strategic work undertaken in relation to the implementation of the Kingborough Interim Planning Scheme 2015, Council’s position was that the property should be zoned Urban Mixed Use, as a reflection of the current mixed uses on the site. In reviewing the draft Interim Scheme, the Tasmanian Planning Commission (the TPC) considered that the property should be zoned Local Business. This further supports the commercial use of this site.

The purpose of the Local Business zone is to provide for business, professional and retail services of a convenience nature that meet the needs of the local area. Within Taroona there is limited land zoned for business or commercial purposes (refer Plate 2 below). The only sites available are the subject land (the Taroona Hotel), the site on the corner of the Channel Highway and Jenkins Street known as 176 Channel Highway (previously a service station and currently used as a café/bakery), the Taroona Shopping Centre Complex at 148 Channel Highway, two properties at 150 and 152 Channel Highway (used as dwellings), and the site at 158 Channel Highway (used as a medical centre).

Plate 2 – Plan showing the extent of the Local Business zone in Taroona

The zone purpose statements for the Local Business zone largely relate to commercial uses as the zone primarily provides for these types of uses to occur. This is reflected in the types of uses that a Permitted in the zone, which includes ‘business and professional services’, ‘community meeting and entertainment’, ‘food services’ and ‘general retail and hire’ (all with qualifications). The two most relevant zone purpose statements are:



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20.1.1.1 To provide for business, professional and retail services which meet the convenience needs of a local area.

20.1.1.4 To encourage residential use provided that it supports the viability of the activity centres and an active street frontage is maintained.

Clause 20.1.1.1 identifies that the purpose of the zone is to provide for business, professional and retail services, whilst Clause 20.1.1.4 only encourages residential use where it supports the viability of the activity centres and maintains an active street frontage.

In this case, the proposal involves the creation of additional residential use/development but at the expense of the only commercial use/development on the site. Whilst the additional residential use may assist in supporting the viability of the other businesses in Taroona, the loss of the existing commercial space will not assist with the viability of the activity centre of Taroona and does not achieve the intent of Clause 20.1.1.1 as it takes away an opportunity for business, professional and/or retail services for the local area.

The only remaining opportunity for commercial use on the site would be to convert some or all of the existing residential use to commercial or to construct an additional commercial space elsewhere on the site. Opportunities for additional commercial development would be limited and would not be as desirable as they would be located closer to existing residential development on adjoining properties and further away from the Channel Highway street frontage.

Clause 20.1.1.4 also encourages residential use where an active street frontage is maintained. The current use of the site provides for an active commercial use of the site with direct access to the carpark at the front of the site. This activates the Channel Highway road frontage. The creation of additional residential use on the site at the expense of the commercial use is not considered to be consistent with this zone purpose statement as it does not maintain an active street frontage.

It is therefore considered that the proposed change of use of the existing ground floor commercial use to residential apartments is not consistent with the Zone Purpose Statements for the Local Business zone, in particular Clauses 20.1.1.1 and 20.1.1.4.

Whilst the land is zoned Local Business, it is considered that commercial development should be maintained on the site, or at least facilitated, and that the current proposal does not achieve this. If further residential use at the expense of the existing commercial development was to be contemplated for this site, it is believed that a change to the zoning of the land would be needed. To facilitate a change of zoning, a strategic assessment of the commercial needs of the Taroona area would be required.

Clause 20.1.2 and 20.1.3 – Local Area Objectives and Desired Future Character Statements

The Scheme details separate Local Area Objectives and Desired Future Character Statements for the main towns in the municipal area. The following Local Area Objectives and Desired Future Character Statements are relevant to the assessment of this application.



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20.1.2 Local Area Objectives

Local Area Objectives Implementation Strategy

TAROONA

(a) Taroona requires improved local retail and convenience shopping services.

(a) The future redevelopment and occupancy of the existing shopping centre site within Taroona is to be encouraged.

The Local Area Objectives for Taroona are not specific to the Taroona Hotel site; however the general objective is to achieve improved local retail and convenience shopping services. The current commercial use provides a local opportunity for residents to have a meal out and provides a meeting point for social activities. The removal of any commercial space on this site does not facilitate the local area objectives as it does not provide an opportunity for improving services.

10.1.3 Desired Future Character Statements

Desired Future Character Statements

Implementation Strategy

TAROONA

(a) The existing Taroona shopping centre site is the favoured location for the provision of local convenience needs for Taroona residents.

(a) A varied mix of compatible uses within this site would be one way of encouraging its future redevelopment and the provision of suitable local community and retail services.

The Desired Future Character Statements and Strategies focus on the Taroona shopping centre site. When the Desired Future Character Statements were written, Council proposed that the Taroona Hotel site be zoned Urban Mixed Use. The zoning was changed to Local Business by the TPC; however no additional Desired Future Character Statements were included in Scheme. These statements are not relevant to the assessment of the current proposal.

2.4 Zone

The site is zoned Local Business under the Scheme. This zone provides a range of Use and Development Standards and the proposal is assessed against the relevant provisions as follows:

Clause 20.4.1 – Building Height

A1.

Clause A1 of 20.4.1 requires a maximum building height of 9m.

The proposed apartments are located in an existing building and there is no change to the height of this building.

The proposed carport has a maximum height of 2.699m which is well below the height maximum. Compliance with Clause 20.4.1(A1) is therefore achieved.




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A2.

Clause A2 of 20.4.1 requires a maximum height standard of 8.5m where the building is within 10m of a residential zone.

There is no land zoned residential within 10m of the location of the buildings, although the land to the south is zoned residential. Notwithstanding this, there is no change to the height of the existing apartment building and the carport has a maximum height of 2.699m. Compliance with Clause 20.4.1(A2) is therefore achieved.

Clause 20.4.2 – Setback

A1.

Clause 20.4.2(A1) requires a building setback from a frontage to be parallel to the frontage and be no more than 5m if fronting the Channel Highway, or 2m if fronting any other street.

The proposed apartments are located in an existing building and there is no change to the setbacks of this building in relation to either the Channel Highway or Jenkins Street frontages.

The proposed carport is located in very close proximity to the Channel Highway frontage. The proposed setback is 0.325m at the closest point. The carport structure is parallel to the road and is less than 5m from the boundary. Compliance with Clause 20.4.2(A1) is therefore achieved.

A2.

Clause 20.4.2(A2) relates to setbacks from a residential zone. The clause requires that the setback is no less than 3m or half the height of the wall, whichever is greater.

The proposed buildings works are all located well in excess of 3m from the boundaries with a Residential zone. Compliance with Clause 20.4.2(A2) is therefore achieved.

Clause 20.4.3 – Design

A1.

The Acceptable Solution A1 for Clause 20.4.3 requires that building design must comply with all of the following:

(a) provide the main pedestrian entrance to the building so that it is clearly visible from the road or publicly accessible areas on the site;

(b) for new building or alterations to an existing facade provide windows and door openings at ground floor level in the front façade no less than 40% of the surface area of the ground floor level facade;

(c) for new building or alterations to an existing facade ensure any single expanse of blank wall in the ground level front façade and facades facing other public spaces is not greater than 30% of the length of the facade;

(d) screen mechanical plant and miscellaneous equipment such as heat pumps, air conditioning units, switchboards, hot water units or similar from view from the street and other public spaces;






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(e) incorporate roof-top service infrastructure, including service plants and lift structures, within the design of the roof;

(f) provide awnings over the public footpath if existing on the site or on adjoining lots;

(g) not include security shutters over windows or doors with a frontage to a street or public place.

The building is existing although there are some proposed alterations. Alterations to the front façade which faces the Channel Highway and the front carpark includes conversion of the existing doors to windows and the construction of new doors. New windows are to be added to the elevation facing the common driveway between the front and the rear of the building and the large windows on the rear elevation overlooking the rear carpark are to be retained.

The proposal is compliant with all subclauses expect (b) as the total area of windows and door openings at ground floor level on the front façade would be less than 40%. The application must therefore be considered against the provisions of the Performance Criteria P1 which states:

Building design must enhance the streetscape by satisfying all of the following:

(a) provide the main access to the building in a way that addresses the street or other public space boundary;

(b) provide windows in the front façade in a way that enhances the streetscape and provides for passive surveillance of public spaces;

(c) treat large expanses of blank wall in the front façade and facing other public space boundaries with architectural detail or public art so as to contribute positively to the streetscape and public space;

(d) ensure the visual impact of mechanical plant and miscellaneous equipment, such as heat pumps, air conditioning units, switchboards, hot water units or similar, is insignificant when viewed from the street;

(e) ensure roof-top service infrastructure, including service plants and lift structures, is screened so as to have insignificant visual impact;

(f) not provide awnings over the public footpath only if there is no benefit to the streetscape or pedestrian amenity or if not possible due to physical constraints;

(g) only provide shutters where essential for the security of the premises and other alternatives for ensuring security are not feasible;

(h) be consistent with any Desired Future Character Statements provided for the area.

The only relevant criteria is (b) and it is considered that the proposal is consistent with this requirement as the main pedestrian access fronts the carpark, additional glazing is provided to improve passive surveillance of the carpark and the existing glazing in other parts of the building all contribute to the streetscape.

A2.

Clause 20.4.3(A2) requires that walls of a building facing a residential zone must be coloured using colours with a light reflectance value not greater than 40 percent. The apartment building is existing and there is no change to the colours and materials of the





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building. The proposed carport does not have walls and does not face a residential zone. Clause 20.4.3(A2) is therefore not relevant.

Clause 20.4.4 – Passive Surveillance

A1.

The Acceptable Solution A1 for Clause 20.4.4 requires that building design must comply with all of the following:

(a) provide the main pedestrian entrance to the building so that it is clearly visible from the road or publicly accessible areas on the site;

(b) for new buildings or alterations to an existing facade provide windows and door openings at ground floor level in the front façade which amount to no less than 40% of the surface area of the ground floor level facade;

(c) for new buildings or alterations to an existing facade provide windows and door openings at ground floor level in the façade of any wall which faces a public space or a car park which amount to no less than 30% of the surface area of the ground floor level facade;

(d) avoid creating entrapment spaces around the building site, such as concealed alcoves near public spaces;

(e) provide external lighting to illuminate car parking areas and pathways;

(f) provide well-lit public access at the ground floor level from any external car park.

The building is existing although there are some proposed alterations. Alterations to the front façade which faces the Channel Highway and the front carpark includes conversion of the existing doors to windows and the construction of new doors. New windows are to be added to the elevation facing the common driveway between the front and the rear of the building and the large windows on the rear elevation overlooking the rear carpark are to be retained.

The proposal is compliant with all subclauses expect (b) as the total area of windows and door openings at ground floor level on the front façade would be less than 40%. The application must therefore be considered against the provisions of the Performance Criteria P1 which states:

Building design must provide for passive surveillance of public spaces by satisfying all of the following:

(a) provide the main entrance or entrances to a building so that they are clearly visible from nearby buildings and public spaces;

(b) locate windows to adequately overlook the street and adjoining public spaces;

(c) incorporate shop front windows and doors for ground floor shops and offices, so that pedestrians can see into the building and vice versa;

(d) locate external lighting to illuminate any entrapment spaces around the building site;

(e) provide external lighting to illuminate car parking areas and pathways;







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(f) design and locate public access to provide high visibility for users and provide clear sight lines between the entrance and adjacent properties and public spaces;

(g) provide for sight lines to other buildings and public spaces.

The only relevant criteria is (b) and it is considered that the proposal is consistent with this requirement as the main pedestrian access fronts the carpark and additional glazing is provided to improve passive surveillance of the carpark and streetscape.

Clause 20.4.5 – Landscaping

The provisions of Clause 20.4.5 relate to landscaping of a site. The site in the vicinity of the proposed development is already fully landscaped and there is no proposal to remove or alter this landscaping. No additional landscaping is required as a result of the proposed development.

Clause 20.4.6 – Outdoor Storage Areas

Clause 20.4.6 is not relevant to the assessment of the application as it only relates to non-residential use and the proposal is for a residential use.

Clause 20.4.7 – Fencing

Clause 20.4.7 provides standards for fencing. The property is currently fenced and the proposal provides for the retention of the existing fencing, which is considered adequate. Accordingly, Clause 20.4.7 is not relevant to the assessment of the application.

Clause 20.4.8 – Environmental Values

Clause 20.4.8 requires that no trees of high conservation value will be impacted. The proposed development will not impact on any trees and as such compliance with the Acceptable Solution is achieved.

2.5 Code Matters

Code E5.0 – Road and Railway Assets Code

The relevant provisions of Code E5.0 – Road and Railway Assets Code have been assessed by Council's development engineering unit. The proposal is consistent with the requirements of all relevant Acceptable Solutions within the Code. Conditions have been provided for inclusion in any permit issued regarding relevant matters.

Code E6.0 – Parking and Access Code

The relevant provisions of Code E6.0 – Parking and Access Code have been assessed by Council's development engineering section. A total of five (5) parking spaces, including one (1) visitor space, is required. The proposal involves the construction of a carport across four (4) existing parking spaces located within common property. A letter from the Body Corporate of Strata Plan 157047 has been submitted with the application stating that the following motions were put and carried at a meeting of the Body Corporate:

“That on condition Lot 8 is divided into two (2) home units, two (2) car park spaces be allocated for each of those proposed units in the existing car park on Channel Highway – immediately in front of the existing front door of Lot 8.

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That the number of general unit entitlements applicable to Lot 8 be increased on the strata plan registered number 157047 from 10 general unit entitlements to 20 general unit entitlements and that all administrative and legal requirements and costs associated with the registering this alteration, will be borne by the SITC, or the purchaser of Lot 8.”

There are sufficient other parking spaces within common property to meet the requirements of the Scheme regarding visitor parking for the unit development. Based on the previous approvals for the development on the site, 17 parking spaces were required for the commercial component of the development. The proposed changed of use from commercial to residential results in a reduction in the required number of spaces from 17 to 5.

The proposal is consistent with the requirements of all relevant Acceptable Solutions within the Code. Conditions have been provided for inclusion in any permit issued regarding relevant matters.

Code E7.0 – Stormwater Management Code

The relevant provisions of Code E7.0 – Stormwater Management Code have been considered by Council’s development engineering unit. The proposal is consistent with the requirements of all relevant Acceptable Solutions. Conditions have been provided for inclusion in any permit issued regarding relevant matters.

2.6 Other Matters

Amendment to Strata Plan

If the proposed change of use and subsequent development is approved, changes will be required to the existing strata plan. These changes will involve a change to the number of unit entitlements for current Unit 8, the creation of an additional Unit 10, and the transfer of a part of the existing common property containing the proposed carport to Unit 8 and new Unit 10. As detailed earlier in this report, the Body Corporate of Strata Plan No 157047 has agreed in principle to the increase in the general unit entitlements and the allocation of the carparking spaces to Unit 8 and new Unit 10.

If the application is approved, the works would be done and once completed, an application for an amendment to the strata plan would need to be submitted to Council for approval. If approved, this would then be lodged with the Land Titles Office for registration.

3. REFERRALS AND REPRESENTATIONS

3.1 Internal Referrals

Health

There are no environmental health issues relevant to the proposed development.

Engineering

The following report was prepared by Council’s Development Engineering Officer.

“Roads and Traffic

The submitted plans and details comply with relevant acceptable solutions of E5.0 Road and Rail Asset Code of Kingborough Interim Planning Scheme 2015.

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Parking and Access

The submitted plans and details comply with relevant acceptable solutions of E6.0 Parking and Access Code of Kingborough Interim Planning Scheme 2015.

Stormwater Management

The submitted plans and details comply with relevant acceptable solutions of E7.0 Stormwater Management Code of Kingborough Interim Planning Scheme 2015

Water and Sewer

The applicant will be required to comply with the requirements of TasWater with respect to any water and sewer connections or upgrades required to service the proposed development.

Telecommunications and Electricity

The provision, removal or relocation of electricity and/or telecommunications infrastructure must be in accordance with the Kingborough Interim Planning Scheme 2015 and the requirements of TasNetworks and/or telecommunication authorities who supply these services.“

Environmental Planning

There are no natural resource management issues relevant to the proposed development.

3.2 External Referrals

The following external referrals were required or undertaken as part of this application:

TasWater

The application was referred to TasWater in accordance with the requirements of the Water and Sewerage Industry Act 2008. TasWater has provided its response to the Council Notice of Planning Application Referral including conditions of approval to be included in any permit issued for the development. A copy of the conditions from TasWater has been included in the attachments to this report.

Department of State Growth

The application was referred to the Department of State Growth as the development site has access to the Channel Highway, which is a state controlled road. The following response was received from the Department:

“State Growth has no objection in principle to this proposal. It is considered that the change of use will likely reduce traffic volumes to/from this address. Please note that State Growth will not accept any liability for road noise arising from the Channel Highway.”

3.3 Representations

The issues raised in the representations are discussed in detail as follows:

(a) Conversion of commercial space to residential is not appropriate and will result in a significant loss to the local community

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All representors are concerned about the conversion of commercial space to residential and the resultant loss to the local community. The concerns include that the local community will be worse off and that it will result in the loss of a meeting place for locals. Concerns have also been raised that the proposal is contrary to the Kingborough Land Use Strategy 2013 as it will remove opportunities for commercial development in an area that already has “quite limited shopping and community services”. The Strategy also refers to “the appropriate redevelopment of a few critical sites such as the shopping centre and hotel should be encouraged”. The representor believes that the intention of this redevelopment was not likely to be to turn it into apartments and it is questioned whether the original application would have been approved if it had just been for apartments with no commercial component. Reference is also made to other statements regarding this site in the Land Use Strategy which reference commercial use of the site.

As has been discussed in detail earlier in this report, the proposed removal of all existing commercial use on this site is not considered to be consistent with the current strategic direction of the planning scheme. It is not consistent with the Zone Purpose Statements and Local Area Objectives of the Local Business zone.

4. CONCLUSION

The application for a change of use from commercial (restaurant/bar) to residential (apartments) is not considered to be consistent with the intent and objectives of the current zoning of the land. The purpose of the Local Business zone is to provide for business, professional and retail service which meet the convenience needs of a local area and to encourage residential use provided that it supports the viability of the activity centre and an active street frontage is maintained. The current proposal does not meet these purpose statements as it displaces an existing commercial use and does not maintain an active street frontage.

The proposed change of use is therefore recommended for refusal.

5. RECOMMENDATION MOVED SECONDED That the Planning Authority resolves that the report of the Manager Development Services be received and that the development application for a change of use from restaurant/bar to two apartments and associated carports at 'Taroona Hotel', 178 Channel Highway, Taroona for JSA Consulting Engineers be refused for the following reasons:

1. The proposed change of use from commercial (restaurant/bar) to residential (apartments) is not consistent with Zone Purpose Statement 20.1.1.1 of the Local Business zone as by removing the existing commercial use on the site, the proposal does not facilitate the provision of business, professional and retail services which meet the convenience needs of the local area on the site.

2. The proposed change of use from commercial (restaurant/bar) to residential (apartments) is not consistent with Zone Purpose Statement 20.1.1.4 of the Local Business zone as the proposed residential use does not support the viability of the Taroona commercial activity centre and an active street frontage is not maintained.

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3. The proposed change of use from commercial (restaurant/bar) to residential (apartments) is not consistent with the Local Area Objective for Taroona contained within Clause 20.1.2 as by removing the existing commercial use on the site, the proposal does not facilitate improved local retail and convenience shopping services.


Cr Atkinson Cr Wass


Cr Fox Cr Wriedt

Cr Grace

Attachments: 1. Location Plan (1) 2. Proposal Plan (3)

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Open session of Council resumed at

OFFICERS REPORTS TO COUNCIL

FILE NO 7.5

DATE 25 AUGUST 2017

OFFICER JON DOOLE - MANAGER ENVIRONMENTAL SERVICES

ENDORSED BY TONY FERRIER - DEPUTY GENERAL MANAGER

TASSAL COMMUNITY ADVISORY GROUPS

1 PURPOSE Strategic Plan Reference

Key Priority Area 3.0 A healthy natural environment

Strategic Outcome 3.1 The values of the natural environment are protected and enhanced through strategic and coordinated natural resource management

Strategy 3.1.4 Identify opportunities to improve the way that marine and coastal areas are managed

1.1 This report is to inform council that the Tassal Group Ltd has approached council staff advising that the company proposes to establish a Southern Region Community Advisory Group and is seeking nominations for participation.

2 BACKGROUND

2.1 Luke Kapitany, the Community Liaison Officer with the Tassal Group Ltd, has advised that the company is looking to establish dedicated Community Advisory Groups across the regions in which they operate and that he is currently seeking expressions of interest across stakeholder groups for Okehampton Bay (East), Tasman (South-east), Channel and Southern regions (South Bruny Island including Huon to Dover).

3 STATUTORY REQUIREMENTS

3.1 There are no statutory requirements relating to consideration of participation in the Southern Region Community Advisory Group.

4 DISCUSSION

4.1 Tassal has indicated that they see the Community Advisory Groups consisting of representatives from environment, education, community, tourism and local business groups as well as a Council delegate, which implies a Councillor, acting as a community representative voice.

OPEN SESSION OF COUNCIL RESUMES

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4.2 The company says that they have a very successful industry-based Community Advisory Group model in operation on the West Coast. This has a cross-representation of members from the community sector, with a dedicated focus on guiding Tassal improvement programs, partnership opportunities and community needs, concerns and opportunities.

4.3 Tassal would like to arrange for the Community Advisory Groups to be in place by the end of October, with an initial Community Advisory Group meeting to occur soon after.

4.4 It is indicated that in line with the Tassal Community Foundation and Community Engagement Charter, they would like meetings to be quarterly and in addition, in every region they will host two community open-day information sessions annually.

5 FINANCE

5.1 There are no financial implications relating to consideration of participation in the Southern Region Community Advisory Group.

6 ENVIRONMENT

6.1 The implications of an unsustainable salmon industry within Kingborough’s waterways has significant implications for its community into the future.

7 COMMUNICATION AND CONSULTATION

7.1 Tassal considers that the formation and successful functioning of Regional Community Advisory Groups will be a significant component in ongoing improvements in communication and consultation.

8 RISK

8.1 There is no risk to Council in considering its participation on the Southern Region Community Advisory Group.

9 CONCLUSION

9.1 The sustainable operation of the salmon industry is of critical importance for the Kingborough community and Tasmania.

9.2 It is considered that participation by Council staff and a councillor on the Tassal Southern Region Community Advisory Group will ensure that greater communication and avenues to disseminate information and air concerns should eventuate.

9.3 It is proposed that a Councillor be nominated and the staff representative be the NRM Coordinator – Liz Quinn.

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10 RECOMMENDATION MOVED SECONDED That Council nominates Cr……….and the NRM Coordinator to participate on the Tassal Group Ltd Southern Region Community Advisory Group.


Cr Atkinson Cr Wass


Cr Fox Cr Wriedt

Cr Grace

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FILE NO 8.251

DATE 25 AUGUST 2017

OFFICER JON DOOLE - MANAGER ENVIRONMENTAL SERVICES

ENDORSED BY TONY FERRIER - DEPUTY GENERAL MANAGER

CLIMATE CHANGE INNOVATION LAB TASMANIA

1 PURPOSE Strategic Plan Reference

Key Priority Area 3.0 A healthy natural environment

Strategic Outcome 3.4 Proactive measures address the adverse impacts of natural hazards on the potential use or development of land

Strategy 3.4.2 Climate change mitigation initiatives and adaptation measures are investigated, introduced and promoted within the community

1.1 To provide details of a proposed memorandum of understanding (MOU) between Kingborough Council and the Climate Change Innovation Lab Tasmania Limited.

2 BACKGROUND

2.1 A detailed update on the establishment of the Climate Change Innovation Lab Tasmania (The Lab) was presented to Council at a workshop on Monday 21st August.

2.2 At the Councillor workshop it was indicated that an MOU between Kingborough Council and the Lab would be drafted and presented to Council for approval.

2.3 A draft of the proposed MOU is attached (annexure 2).


3.1 There are no statutory requirements relating to the signing of an MOU between Kingborough Council and the Climate Change Innovation Lab Tasmania but it does provide clarity on the relationship and use of shared resources.

4 DISCUSSION

4.1 The Climate Change Innovation Lab Tasmania was established as a public company limited by guarantee in August 2017.

4.2 Council has given in-principle approval for the Lab to operate at the Kingston Beach Arts Hub for its establishment phase (2 years).

4.3 The Lab Manager will be employed for 2 days per week and be based in office accommodation at the Kingston Beach Hall.

4.4 Works relating to the Tasmanian Government Community Infrastructure Grant to undertake upgrading works at the Kingston Beach Hall are being progressed. The gas heating system has been installed and the acoustic works will be undertaken in September. This grant was provided specifically to support the establishment of the Lab.

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4.5 It is anticipated that a soft launch of the Lab will occur on 12th September with a formal launch event to occur on October 21st.

4.6 A key component of the successful operation of the Lab will be the integration of the climate change message into the arts via the “Art of Adaptation”. By way of example, proposed upcoming arts events that are climate change themed (except the Kingborough Art Prize) are:

Glass Manifesto Hot Glass August

Crankit Theatre Interactive original theatre September

Salvaged Art Recycled materials September

Continental Drift Improvisational performance October

Roman Astra Performance in water October

Gemma Black Calligraphy November

Feels Like Felting Felting works November

Lorna Crane Brushmaking workshop November

Above + Beyond Aerial installations January 2018

Kingborough Art Prize Mixed visual arts February 2018

The Bruny National art prize October 2018

Abel Tasman Art Prize Youth art award December 2018

4.7 Three funding applications relating to the Lab were recently submitted. These were under the Commonwealth Government – Family and Communities Program – Community Resilience Grants. They are:

Groundswell a 27 month art project;

Planting a Seed a citizen science project; and

The Butterfly Effect a digital technology in communities project.

5 FINANCE

5.1 Details of the financial relationship and a potential contribution to the Lab by Kingborough Council is provided in the attachment (annexure 1).

5.2 Kingborough Council made a $40,000 seed loan for the establishment of the Lab which will be paid back in full by 30th June 2019.

6 ENVIRONMENT

6.1 The ongoing impacts of climate change are a significant threat to Kingborough Council and its communities. The activities of the Climate Change Innovation Lab Tasmania will be targeted at increasing community resilience and adaptation capacity.


7.1 Planning for and progress towards the establishment of the Lab has been communicated to Council and the community regularly.

7.2 Now that the Lab exists as a legal entity, its profile will be raised significantly with its online presence going live on the day of the soft launch.

7.3 Displays and events are in an advanced stage of planning therefore community information and involvement at the Lab and engagement on climate change will increase significantly.

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8 RISK

8.1 The following potential risks have been identified regarding Council entering into an MOU with the Climate Change Innovation Lab Tasmania:

a) That the Climate Change Innovation Lab Tasmania is unsuccessful financially and is unable to repay the $40,000 loan from Kingborough Council. Potential mitigation: The financial management plan (currently draft) for the Lab will specifically identify this money as a liability to be repaid as soon as practicable. The plan identifies a number of avenues for attracting funding to the Lab including grants, subscriptions, partners and benefactors.

b) That the Climate Change Innovation Lab Tasmania is successful and that conflicts occur over prioritised usage of the Kingston Beach Hall. Potential mitigation: A key goal of the Lab is to maximise community participation and exposure to climate change related information and adaptation planning. Care is being taken not to disenfranchise the community by not allowing utilisation of the Kingston Beach Hall ongoing.

c) That the Climate Change Innovation Lab Tasmania fails to attract adequate funding to ensure its ongoing viability. Potential mitigation: The business plan and financial plan for the Lab have been developed to minimise the potential for this to occur. Interest to date from a numbers of stakeholders, including councils from all over Australia, have made the prospect of success very promising.

9 CONCLUSION

9.1 Council has been supportive of the development of a Climate Change Innovation Lab at Kingston Beach.

9.2 The Lab continues to apply for funding that will provide capital improvement for the Kingston Beach hall. It is likely that the existence of the Lab will contribute considerable value, comfort and utility for those residents who use the hall.

9.3 For the Climate Change Innovation Lab to function at the Kingston Beach Hall the signing of a Memorandum of Understanding between Kingborough Council and the Climate Change Innovation Lab Ltd is necessary to provide a degree of certainty to both parties.

10 RECOMMENDATION MOVED SECONDED That Council agrees to sign a Memorandum of Understanding with the Climate Change Innovation Lab Ltd as presented in Annexure 2 of this report.


Cr Atkinson Cr Wass


Cr Fox Cr Wriedt

Cr Grace

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ANNEXURE 1

In kind contribution by KC for operations of the Lab at Kingston Beach Hall Power – Average daily cost $8.40 / $3,066 per year / 50% = $1,533 Gas for heating – Average $50 per month / total per year (50%) = $300 Water - $500 per year / 50% = $250 NBN - $90 per month / $1,080 per year / 50% = $540 Sub-total $2,623 Rent / Lease - $200 per week / total per year =$10,400 Use of KC office printing / stationary etc (per year) = $1,000 Loss of interest on $40,000 KC 2 year loan (3%) = $2,400 # Edward – Kingston Beach Arts Hub – in-kind support to Lab = $10,000 # Jon – Climate Change and Coastal Hazards – in-kind support to Lab = $15,000 Sub-total $38,800 Total running costs per year $41,423 Proposing to pay = $2,623 from Lab to KC – Lump sum annually as per MOU Balance requested as annual KC in-kind contribution = $38,800 ($25,000 KC staff in –kind) Partially offset by no regrets Kingston Beach Hall upgrade works = $48,500 Therefore total offset by KC = $14,550 per year for initial 2 years ie: ($38,800 x 2) - $48,500 / 2 # Both officers will be undertaking this work as part of their normal duties as per their PDs

Note: By way of example of in-kind commitment: The estimated cost of having Lab Board Directors Ian Edwards, Donovan Burton and Rod Knight attend the 21st August Lab Board meeting and councillor workshop was $5,500. Their time and costs were contributed pro-bono.

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ANNEXURE 2

Memorandum of Understanding

Between

Climate Change Innovation Lab Tasmania Ltd

And

Kingborough Council

Climate Change Innovation Lab

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1. Purpose

The purpose of this MOU is to record the agreement of Kingborough Council and the Climate Change Innovation Lab Tasmania Ltd with a commitment to facilitate the operation of the Climate Change Innovation Lab at Kingston Beach Hall located at 20 Beach Road, Kingston Beach.

2. Parties

Kingborough Council (Council) Means the Kingborough Council of Tasmania

Climate Change Innovation Lab Tasmania Limited (the Lab)

Means the public company limited by Guarantee the Climate Change Innovation Lab Tasmania Ltd

3. Goals and Objectives

The objectives of the Climate Change Innovation Lab Tasmania are:

To be a focal point and advocate for advancing the understanding of climate change issues and the implications for local communities.

To be a shopfront providing access to information and resources that increase the community’s understanding and awareness of climate change risk and opportunities.

To be a venue for the facilitation and dissemination of climate change scientific, social and adaptation case study research and data.

To showcase informed climate change planning, policy and risk evaluation methodologies and processes.

To showcase innovative initiatives using the arts and emerging technologies to communicate and stimulate community involvement in climate change planning.

To identify and incorporate issues / opportunities for improving the resilience of local communities.

4. Roles and Responsibilities

Kingborough Council will:

a) Allow the Climate Change Innovation Lab to utilise the facility at 20 Beach Road, Kingston.

b) Continue to pay the routine operational expenses incurred during the operations of the premises at 20 Beach Road, Kingston Beach.

The Climate Change Innovation Lab Tasmania Ltd will:

c) Pay Kingborough Council a lump sum of $2,623 per annum payable on January 1st each year The Lab is hosted at the Kingston Beach Hall.

d) Pay for any expenses above those considered to be routine operational expenses incurred during the operations of the premises at 20 Beach Road, Kingston Beach.

e) Commit to the repayment of the $40,000 establishment loan granted by Kingborough Council by June 30th 2019.

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5. Governance Structure and Reporting

The parties to this MOU agree:

a) That the Lab will provide a written report to Council’s General Manager on a quarterly basis providing a summary of activities undertaken and a summary of expenditure and income that could be attributed to Council.

b) That both parties will provide a status report to Council on a 6 monthly basis.

6. Insurance

The Climate Change Innovation Lab will provide its own insurance including $20M in public liability cover.

Council will not be responsible for loss or damage to any property or equipment at events including exhibitions, performances, installations and interventions associated with the Lab. Participants are to be advised that they should provide their own cover.

7. Dispute Resolution

The parties commit to resolve any dispute through good faith discussions. In the event that a dispute cannot be resolved through good faith discussions, the parties agree to take part in mediation, utilising an independent and qualified mediator selected by the Kingborough Council.

The costs of mediation shall be shared equally between the parties.

8. Confidentiality

Unless otherwise agreed between the parties, or required by law, all communications associated with the governance and implementation of this MOU will be confidential.

9. Term, Review and Evaluation

The parties intend this Memorandum of Understanding to have effect from 12th September 2017 until 30th June 2019.

It is the intention of the parties to undertake a comprehensive review and evaluation of the Lab’s activities prior to 30th June 2019, including considering the Council’s support for the Lab (although the Council makes no undertakings in relation to any further support for the Lab beyond 30th June 2019).

10. Correspondence

The preferred method of correspondence is via email to the following addresses (which may be updated from time to time):

Kingborough Council: [email protected]

The Lab: [email protected]

11. Authorisation

The following signatories are authorised to enter into this Memorandum of Understanding on behalf of the relevant organisation, as set out below:

mailto:[email protected]


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Signed and accepted

Signed and accepted

Name: General Manager Kingborough Council Date:

Name: Director Climate Change Innovation Lab Tasmania Ltd

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FILE NO 12.127

DATE 30 AUGUST 2017

OFFICER FRED MOULT - EXECUTIVE MANAGER INFORMATION SERVICES

ENDORSED BY GARY ARNOLD - GENERAL MANAGER

CUSTOMER SERVICE CHARTER

1 PURPOSE

Strategic Plan Reference

Key Priority Area 6.0 A well administered organisation

Strategic Outcome 6.1

6.2

Internal financial and governance arrangements are maintained to a high standard

A customer service oriented organisation

Strategy 6.1.2

6.2.1

Provide effective complaint management systems

Provide a high standard of service

1.1 This report is provided to assist Council in considering the renewal of Policy 1.6 - Customer Service Charter.

2 BACKGROUND

2.1 Council adopted a Customer Service Charter in 2005 in accordance with the requirements of the Local Government Act 1993. The Charter is again due for review.

2.2 The introduction of the Building Act 2016 in January of this year requires that a number of building and plumbing services listed in the Charter to be updated.


3.1 Council is required to maintain a Customer Service Charter in accordance with Section 339F of the Local Government Act 1993 and Section 31 of the Local Government (General) Regulations 2005.

4 DISCUSSION

4.1 While the legislative requirement of a Customer Service Charter places an emphasis on complaints management and reporting, there is also a requirement that the charter specifies the principles relating to service provision.

4.2 Council’s Customer Service Charter details service delivery expectations, associated time frame targets and service request processes. It also provides a statement of Council’s commitment to quality customer service, outlines the rights of our customers, and explains what steps can be taken if a customer is dissatisfied with a Council decision or action.

4.3 The Building Act 2016 came into effect in January this year and introduced new building and plumbing regulations. As a consequence, the Building and Plumbing sections of Appendix A have been updated to reflect the terminology used in the Act.

4.4 Kerb and Gutter Damage and Landscaping Bonds are no longer taken, therefore the inspection/refund timeframe has been removed from the Refunds section of Appendix

https://www.legislation.tas.gov.au/view/html/inforce/current/act-1993-095#GS339F@EN


https://www.legislation.tas.gov.au/view/html/inforce/current/sr-2015-037#GS31@EN

_______________________________________________________________________________

Page 43


A. Remedy and compliance for these items are being reviewed as part of the introduction of a new development compliance framework.

4.5 Council no longer provides building surveying services. Reference to these services has been removed from the Building section of Appendix A.

4.6 Paragraph 4.3.12 has been added to the Charter to clarify the type of complaint that can be made under Section 339E of the Local Government Act 1993.

4.7 Council staff strive to complete service requests within the timeframes stated. There are however, occasions when peak workloads, reduced staffing levels and/or environmental factors may cause these time frames to be exceeded. Where this is likely to occur, Council commits to advising our customers in advance.

5 FINANCE

5.1 There are no financial implications associated with the adoption of the Customer Service Charter.


6.1 Service requests and complaints are monitored and reported by the Customer Services Department. The charter is available in both hard copy and on Council’s web site.

7 RISK

7.1 Failure of Council to comply with the provisions of the Customer Service Charter or to meet service delivery time frames may result in customer complaints and harm Council’s reputation.

8 CONCLUSION

8.1 Council has a statutory obligation to adopt and maintain a Customer Service Charter.

8.2 The Customer Service Charter complies with requirements of Section 339F of Local Government Act 1993 and the prescribed matters as outlined in Regulation 31 of the Local Government (General) Regulations 2005.

9 RECOMMENDATION MOVED SECONDED That Council: (a) adopts the attached Customer Service Charter policy with immediate effect; and

(b) determines that no charge will apply for the provision of a copy of the Customer

Service Charter.


Cr Atkinson Cr Wass


Cr Fox Cr Wriedt

Cr Grace

https://www.legislation.tas.gov.au/view/html/inforce/current/act-1993-095#GS339E@EN

_______________________________________________________________________________

Page 44


POLICY RECOMMENDED FOR APPROVAL


Policy 1.6

LAST REVIEW

September2017

NEXT REVIEW

September 2019

MINUTE REF

POLICY

STATEMENT:

1.1 We are committed to the timely, efficient, and consistent delivery of a range of

quality services which support the Kingborough Council Strategic Plan 2010-2020.

1.2 We will ensure that all customer contact is fair, friendly, informative and efficient.

We subscribe to continuous improvement in service delivery to meet the changing

needs of our customers and the community.

1.3 We strive to provide a level of service that does not attract complaints, however in

the instances where customers are dissatisfied, we will take all possible steps to

achieve a resolution.

OBJECTIVE: 2.1 The Customer Service Charter provides a framework for defining service delivery

standards, the rights of our customers, and how complaints from customers will be

handled.

SCOPE: 3.1 This policy applies to all service requests and complaints made by customers in

relation to Council’s operations.

PROCEDURE:

4.1 SERVICE STANDARDS

4.1.1 When you, as a customer, visit or telephone Council, we will:

treat you politely and with respect,

provide prompt, relevant, accurate and professional advice,

maintain your privacy,

keep you informed if the resolution to your enquiry is being delayed.

4.1.2 Where an enquiry is of a complex nature, or a meeting with a specific officer is

required, customers are requested to make a prior appointment.

4.1.3 Response Times

Council undertakes a wide variety of activities which vary both in complexity

and time taken to complete.

Council’s schedule of processing/response times provides a guide to the

most common service requests, with target times for completion or resolution.

This schedule is included as Appendix A to this Policy.

4.1.4 Accessibility

We will make our services accessible for our customers by supplementing

personal contact options with a range of web and telephone-based payment,

service request, and information services.

4.2 OUR EXPECTATIONS OF OUR CUSTOMERS

4.2.1 To help us to help you, we ask that you:

Report any damage to, or failure of, Council’s infrastructure or property.

_______________________________________________________________________________

Page 45


Treat our staff with mutual respect.

Provide complete details of your service request or complaint.

Respect the privacy and rights of other people.

Phone to make an appointment for a complex enquiry or a need to see a

specific Officer.

When necessary, contact the Officer nominated on any correspondence.

4.3 CUSTOMER SERVICE PROCESS

4.3.1 If a customer dissatisfaction relates to a failure in Council’s infrastructure or

service, such as potholes in a road, or an uneven footpath, or the failure to

collect a wheelie bin, this will be treated in the first instance as a Service

Request.

4.3.2 A service request may be lodged in person or by mail, telephone, fax, email,

internet and through the National Relay Service. See 4.6 How to Contact

Council.

4.3.3 The customer will receive either written or verbal acknowledgment that a Service

Request has been lodged.

4.3.4 The Customer Service Unit will allocate a Service Request to the appropriate

department or Officer. The unit will monitor the request and strive to ensure that

action is taken in accordance with the Service Standard (Appendix A), and this

Charter.

4.3.5 A complaint is not:

A service request (unless the response was outside the Service Standard).

Verbal advice of unsatisfactory service or performance.

Disagreement with a policy or the direction of the Council.

A request for information or an explanation of a policy or procedure.

A complaint for which statutory review processes exist, such as an appeal

against a planning decision for which there are appeal provisions in the Land

Use Planning and Approvals Act 1993.

An expression of dissatisfaction with the behaviour or performance of a

Councillor (that mechanism is contained in the Code of Conduct for

Councillors).

A work-related grievance of an Officer or contractor.

4.3.6 If a customer is not satisfied with the outcome of a service request, or the matter

relates to unsatisfactory conduct of an Officer(s), or a failure to comply with the

Service Standard, the matter will be treated as a complaint and dealt with by the

General Manager. Complaints are to be lodged in writing (includes email).

4.3.7 Complaints will be investigated and a response provided within 15 working days.

Where a complaint involves complex issues, it may not be possible to meet this

deadline. In these cases prior to the expiry of the timeframe we will inform the

complainant of progress and when a response is likely to be given.

4.3.8 A disagreement with a policy or the direction of the Council may also be directed

to the Mayor and/or individual Councillors.

_______________________________________________________________________________

Page 46


4.3.9 We commit to a range of options for addressing unfair and incorrect decisions,

or any unreasonable policy or procedure, or any inappropriate response, action

or treatment by an Officer. Appropriate remedies may include:

Admission of fault and apology

Explanation

Change of decision

Change to policy or procedure

Repair / rework / replacement

Counselling or disciplining of staff

More than one remedy may be applied if the circumstances justify that course of

action.

4.3.10 All complaints received by us will be treated with the utmost seriousness,

however if a complaint is found to be malicious or vexatious, or it is a repeated

complaint to which a response has previously been given, no further action may

be taken on the complaint. The customer will be informed of this decision in

writing by the General Manager.

4.3.11 While we will accept anonymous complaints, we will generally only act if the

matter is considered to be serious and there is sufficient information provided to

enable an investigation to be undertaken.

4.3.12 A complaint regarding the failure of Council, a Councillor or the General

Manager to comply with the requirements of the Local Government Act

1993 or any other Act; or a complaint that a Councillor, the General

Manager or an employee of Council may have committed an offence

under the Local Government Act 1993 may be made to the Director of

Local Government under section 339E of the Local Government Act

1993.

4.4 CUSTOMER RIGHTS

4.4.1 While we encourage customers to allow us to investigate complaints in the first

instance, a customer who remains dissatisfied with the outcome of a review is

entitled to seek external review from:

The Ombudsman:

NAB House, Level 6 86 Collins Street Hobart GPO Box 960 Hobart Tas 7001 Ph 1800 001 170 (free call in Tasmania) Email: [email protected]

The Office of the Anti-Discrimination Commissioner:

Level 1

54 Victoria Street Hobart



_______________________________________________________________________________

Page 47


GPO Box 197 Hobart Tas 7001 Ph 1300 305 062

The Director, Local Government Division:

GPO Box 123 Hobart Tas 7001 Ph 03 6232 7022 Email: [email protected]

A complaint made to the Director under section 339E of the Local

Government Act 1993 is to be:

o in writing; and

o identify the complainant and the person against whom the complaint is made; and

o give particulars of the grounds of the complaint; and

o be verified by statutory declaration.

4.5 REPORTING

4.5.1 We are committed to using requests and complaints data to improve decision-

making, business processes and customer service.

4.5.2 The General Manager will ensure that appropriate request and complaint

management systems are in place and utilised to enable this to occur.

4.5.3 The number and nature of complaints received will be included in the Annual

Report.

4.6 HOW TO CONTACT COUNCIL

In person:

o Civic Centre, 15 Channel Highway, Kingston Tasmania during the

hours of 8.30am to 5pm Monday to Friday except public holidays.

o Bruny Island Service Centre, Main Road, Alonnah during the hours of

8:30am to 5pm Monday to Friday except public holidays.

Mail: Kingborough Council, Locked Bag 1, Kingston, Tasmania 7050

Telephone: (03) 6211 8200 during the hours of 8:30am to 5:00pm Monday to

Friday. Council provides an After-Hours Emergency Service on the same

number.

email to [email protected]

Internet: www.kingborough.tas.gov.au

Facebook: https://www.facebook.com/KingboroughTas

Twitter: https://twitter.com/KingboroughTas

Instagram: http://www.instagram.com/kingboroughtas/

If you are deaf or have a hearing or speech impairment you can call through

to the National Relay Service (NRS):

o TTY users can phone 13 36 77 then ask for (03) 6211 8200

o Speak & Listen (speech-to-speech) users can phone 1300 555 727

then ask for (03) 6211 8200



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

https://www.facebook.com/KingboroughTas

https://twitter.com/KingboroughTas

http://www.instagram.com/kingboroughtas/

_______________________________________________________________________________

Page 48


o Internet relay users can connect to the National Relay Service

website http://relayservice.gov.au/ then ask for (03) 6211 8200

4.7 PRIVACY INFORMATION PROTECTION

4.7.1 Personal Information provided by a customer to Council is protected in

accordance with the requirements of the Personal Information

Protection Act 2004 and the Right to Information Act 2009.

COMMUNICATION: 5.1 All staff, Councillors and Customers, members of the public. Available free of

charge at the Civic Centre and on Councils Web Site www.kingborough.tas.gov.au.

LEGISLATION: 6.1 Local Government Act 1993 section 339 (F) – Customer Service Charter.

6.2 Local Government (General Regulations) 2005 – Regulation 31 - Customer Service

Charter.

RELATED

DOCUMENTS:

7.1 Policy 9.14: Code of conduct – Employees

7.2 Policy 1.8: Code of Conduct - Councillors

7.3 Policy 9.3: Anti-Discrimination

AUDIENCE: 8.1 Public document

http://relayservice.gov.au/




_______________________________________________________________________________

Page 49


2 Appendix A – Service Delivery Time Frames

Service Response/Processing Time (working days)*

Planning

Process Development and Subdivision Application Assessment 30

Process amendments to approved permit conditions 20

Process Adhesion order application assessment 15

Process Sealed Plan amendments 20

(with hearing) 40

Council sealing of final plans (Subdivision and Strata) 15

Lodge a Part 5 agreement 10

Refunds

Bank & bond guarantees – (Includes inspection 10 days) 20

Hall booking deposit – (includes inspection) 10

Building

Grant Building or Demolition Permit 7

Issue Certificate of Completion for Building Work 5

Issue Certificate of Completion for Demolition Work 14

Amendments to approved building permit conditions (Council Certified) - including plumbing assessment

20

(Privately Certified with plumbing) 15

(Privately Certified no plumbing) 5

Plumbing

Assess plumbing application and issue Certificate of Likely Compliance – Notifiable Plumbing Work

14

Assess plumbing application and issue Plumbing Permit 21

Assessment and issue of amendment to Notifiable Plumbing Work 14

Assessment and issue of amendment to Plumbing Permit 21

Issue Certificate of Completion (for notifiable or permit plumbing work) 5

Plumbing Inspection from time of request 2

Development Engineering

Perform Subdivision inspection 5

Process Works in Road Reserve application 3

Health

Process Special Plumbing Permit application 10

Process Temporary food licence application 10

Process Food licence application 10

Investigate a noise complaint 5

Investigate other environmental complaints 5

Urgent environmental health issues are dealt with immediately upon receipt of complaint.

1

_______________________________________________________________________________

Page 50



Natural Resource Management

Tree removal applications 10

Illegal tree removal 3

Removal of declared weeds - inspection 5

Information Services

Process a Right to Information request 10

Respond to a Complaint 15

Answer your phone call 1 Minute

Return Phone Calls within 2

Respond to general correspondence 10

Process 337 or 132 Certificates 10

Compliance

Process Kennel licence application 30

Barking dog complaint (initial inspection) 3

Fire hazard (initial inspection) 5

Dogs at large 1

Dog attack 2

By-Law Exemption 10

Works

Potholes in sealed and gravel roads - Inspect, assess and respond to customer. Add to a prioritised repair program based on risk assessment

15

Replace/repair damaged Street Signs – .Regulatory e.g. Give-Way, Stop Signs, Keep Left

5

Replace/repair damaged Street/Place name Signs 30

Missed Bin pickup Same day where possible.

* Processing times may increase where:

Information provided by the customer or agent is incomplete and/or incorrect.

Inspections show non-compliance and/or the requirement of remedial works

_______________________________________________________________________________

Page 51


CURRENT POLICY WITH TRACKED CHANGES


Policy 1.6

LAST REVIEW

September2017

NEXT REVIEW

September 2019

MINUTE REF

POLICY

STATEMENT:

2.1 We are committed to the timely, efficient, and consistent delivery of a range of

quality services which support the Kingborough Council Strategic Plan 2010-2020.

2.2 We will ensure that all customer contact is fair, friendly, informative and efficient.

We subscribe to continuous improvement in service delivery to meet the changing

needs of our customers and the community.

2.3 We strive to provide a level of service that does not attract complaints, however in

the instances where customers are dissatisfied, we will take all possible steps to

achieve a resolution.

OBJECTIVE: 2.2 The Customer Service Charter provides a framework for defining service delivery

standards, the rights of our customers, and how complaints from customers will be

handled.

SCOPE: 3.2 This policy applies to all service requests and complaints made by customers in

relation to Council’s operations.

PROCEDURE:

4.8 SERVICE STANDARDS

4.8.1 When you, as a customer, visit or telephone Council, we will:

treat you politely and with respect,

provide prompt, relevant, accurate and professional advice,

maintain your privacy,

keep you informed if the resolution to your enquiry is being delayed.

4.8.2 Where an enquiry is of a complex nature, or a meeting with a specific officer is

required, customers are requested to make a prior appointment.

4.8.3 Response Times

Council undertakes a wide variety of activities which vary both in complexity

and time taken to complete.

Council’s schedule of processing/response times provides a guide to the

most common service requests, with target times for completion or resolution.

This schedule is included as Appendix A to this Policy.

4.8.4 Accessibility

We will make our services accessible for our customers by supplementing

personal contact options with a range of web and telephone-based payment,

service request, and information services.

4.9 OUR EXPECTATIONS OF OUR CUSTOMERS

4.9.1 To help us to help you, we ask that you:

Report any damage to, or failure of, Council’s infrastructure or property.

_______________________________________________________________________________

Page 52


Treat our staff with mutual respect.

Provide complete details of your service request or complaint.

Respect the privacy and rights of other people.

Phone to make an appointment for a complex enquiry or a need to see a

specific Officer.

When necessary, contact the Officer nominated on any correspondence.

4.10 CUSTOMER SERVICE PROCESS

4.10.1 If a customer dissatisfaction relates to a failure in Council’s infrastructure or

service, such as potholes in a road, or an uneven footpath, or the failure to

collect a wheelie bin, this will be treated in the first instance as a Service

Request.

4.10.2 A service request may be lodged in person or by mail, telephone, fax, email,

internet and through the National Relay Service. See 4.6 How to Contact

Council.

4.10.3 The customer will receive either written or verbal acknowledgment that a Service

Request has been lodged.

4.10.4 The Customer Service Unit will allocate a Service Request to the appropriate

department or Officer. The unit will monitor the request and strive to ensure that

action is taken in accordance with the Service Standard (Appendix A), and this

Charter.

4.10.5 A complaint is not:

A service request (unless the response was outside the Service Standard).

Verbal advice of unsatisfactory service or performance.

Disagreement with a policy or the direction of the Council.

A request for information or an explanation of a policy or procedure.

A complaint for which statutory review processes exist, such as an appeal

against a planning decision for which there are appeal provisions in the Land

Use Planning and Approvals Act 1993.

An expression of dissatisfaction with the behaviour or performance of a

Councillor (that mechanism is contained in the Code of Conduct for

Councillors).

A work-related grievance of an Officer or contractor.

4.10.6 If a customer is not satisfied with the outcome of a service request, or the matter

relates to unsatisfactory conduct of an Officer(s), or a failure to comply with the

Service Standard, the matter will be treated as a complaint and dealt with by the

General Manager. Complaints are to be lodged in writing (includes email).

4.10.7 Complaints will be investigated and a response provided within 15 working days.

Where a complaint involves complex issues, it may not be possible to meet this

deadline. In these cases prior to the expiry of the timeframe we will inform the

complainant of progress and when a response is likely to be given.

4.10.8 A disagreement with a policy or the direction of the Council may also be directed

to the Mayor and/or individual Councillors.

_______________________________________________________________________________

Page 53


4.10.9 We commit to a range of options for addressing unfair and incorrect decisions,

or any unreasonable policy or procedure, or any inappropriate response, action

or treatment by an Officer. Appropriate remedies may include:

Admission of fault and apology

Explanation

Change of decision

Change to policy or procedure

Repair / rework / replacement

Counselling or disciplining of staff

More than one remedy may be applied if the circumstances justify that course of

action.

4.10.10 All complaints received by us will be treated with the utmost seriousness,

however if a complaint is found to be malicious or vexatious, or it is a repeated

complaint to which a response has previously been given, no further action may

be taken on the complaint. The customer will be informed of this decision in

writing by the General Manager.

4.10.11 While we will accept anonymous complaints, we will generally only act if the

matter is considered to be serious and there is sufficient information provided to

enable an investigation to be undertaken.

4.10.114.10.12 A complaint regarding the failure of Council, a Councillor or the

General Manager to comply with the requirements of the Local

Government Act 1993 or any other Act; or a complaint that a Councillor,

the General Manager or an employee of Council may have committed

an offence under the Local Government Act 1993 may be made to the

Director of Local Government under section 339E of the Local

Government Act 1993.

4.11 CUSTOMER RIGHTS

4.11.1 While we encourage customers to allow us to investigate complaints in the first

instance, a customer who remains dissatisfied with the outcome of a review is

entitled to seek external review from:

The Ombudsman:

NAB House, Level 6 86 Collins Street Hobart GPO Box 960 Hobart Tas 7001 Ph 1800 001 170 (free call in Tasmania) Email: [email protected]

The Office of the Anti-Discrimination Commissioner:

Level 1

54 Victoria Street Hobart



_______________________________________________________________________________

Page 54


GPO Box 197 Hobart Tas 7001 Ph 1300 305 062

The Director, Local Government Division:

GPO Box 123 Hobart Tas 7001 Ph 03 6232 7022 Email: [email protected]

A complaint made to the Director under section 339E of the Local

Government Act 1993 is to be:

o in writing; and

o identify the complainant and the person against whom the complaint is made; and

o give particulars of the grounds of the complaint; and

o be verified by statutory declaration.

4.12 REPORTING

4.12.1 We are committed to using requests and complaints data to improve decision-

making, business processes and customer service.

4.12.2 The General Manager will ensure that appropriate request and complaint

management systems are in place and utilised to enable this to occur.

4.12.3 The number and nature of complaints received will be included in the Annual

Report.

4.13 HOW TO CONTACT COUNCIL

In person:

o Civic Centre, 15 Channel Highway, Kingston Tasmania during the

hours of 8.30am to 5pm Monday to Friday except public holidays.

o Bruny Island Service Centre, Main Road, Alonnah during the hours of

8:30am to 5pm Monday to Friday except public holidays.

Mail: Kingborough Council, Locked Bag 1, Kingston, Tasmania 7050

Telephone: (03) 6211 8200 during the hours of 8:30am to 5:00pm Monday to

Friday. Council provides an After-Hours Emergency Service on the same

number.

email to [email protected]

Internet: at www.kingborough.tas.gov.au

Facebook: https://www.facebook.com/KingboroughTas

Twitter: https://twitter.com/KingboroughTas

Instagram: http://www.instagram.com/kingboroughtas/

If you are deaf or have a hearing or speech impairment you can call through

to the National Relay Service (NRS):

o TTY users can phone 13 36 77 then ask for (03) 6211 8200

o Speak & Listen (speech-to-speech) users can phone 1300 555 727

then ask for (03) 6211 8200




https://www.facebook.com/KingboroughTas

https://twitter.com/KingboroughTas

http://www.instagram.com/kingboroughtas/

_______________________________________________________________________________

Page 55


o Internet relay users can connect to the National Relay Service

website http://relayservice.gov.au/ then ask for (03) 6211 8200

4.14 PRIVACY INFORMATION PROTECTION

4.14.1 Personal Information provided by a customer to Council is protected in

accordance with the requirements of the Personal Information

Protection Act 2004 and the Right to Information Act 2009.

COMMUNICATION: 5.2 All staff, Councillors and Customers, members of the public. Available free of

charge at the Civic Centre and on Councils Web Site www.kingborough.tas.gov.au.

LEGISLATION: 6.3 Local Government Act 1993 section 339 (F) – Customer Service Charter.

6.4 Local Government (General Regulations) 2005 – Regulation 31 - Customer Service

Charter.

RELATED

DOCUMENTS:

7.4 Policy 9.14: Code of conduct -– Employees

7.47.5 Policy 1.8: Code of Conduct - Councillors

7.57.6 Policy 9.3: Anti-Discrimination

AUDIENCE: 8.2 Public document

http://relayservice.gov.au/




_______________________________________________________________________________

Page 56


3 Appendix A – Service Delivery Time Frames


Planning

Process Development and Subdivision Application Assessment 30

Process amendments to approved permit conditions 20

Process Adhesion order application assessment 15

Process Sealed Plan amendments 1520

(with hearing) 40

Council sealing of final plans (Subdivision and Strata) 15

Lodge a Part 5 agreement 10

Refunds

Landscaping bond - (Includes inspection period 10 days) 20

Kerb & Gutter deposit (Includes inspection period 10 days) 20

Bank & bond guarantees – (Includes inspection 10 days) 20

Hall booking deposit – (includes inspection) 10

Building

Grant Building or Demolition Permit 7

Issue Certificate of Completion for Building Work 5

Issue Certificate of Completion for Demolition Work 14

Building Permit Assessment (Privately certified) - including plumbing assessment

15

(Council certified) - including plumbing assessment

20

Amendments to approved building permit conditions (Council Certified) - including plumbing assessment

20

(Privately Certified with plumbing) 15

(Privately Certified no plumbing) 5

Process Skip Bin in Road Reserve application 3

Plumbing

Assess plumbing application and issue Certificate of Likely Compliance – Notifiable Plumbing Work

14

Assess plumbing application and issue Plumbing Permit 21

Assessment and issue of amendment to Notifiable Plumbing Work 14

Assessment and issue of amendment to Plumbing Permit 21

Issue Certificate of Completion (for notifiable or permit plumbing work) 5

Plumbing Inspection from time of request 2

Plumbing Permit 10

Development Engineering

Perform Subdivision inspection 5

Process Works in Road Reserve application 3

_______________________________________________________________________________

Page 57



Health

Process Special Plumbing Permit application 10

Process Temporary food licence application 10

Process Food licence application 10

Investigate a noise complaint 5

Investigate other environmental complaints 5

Urgent environmental health issues are dealt with immediately upon receipt of complaint.

1

Natural Resource Management

Tree removal applications 10

Illegal tree removal 3

Removal of declared weeds - inspection 5

Information Services

Process a Right to Information request 10

Respond to a Complaint 15

Answer your phone call 1 Minute

Return Phone Calls within 2

Respond to general correspondence 10

Process 337 or 132 Certificates 10

Compliance

Process Kennel licence application 30

Barking dog complaint (initial inspection) 3

Fire hazard (initial inspection) 5

Dogs at large 1

Dog attack 2

By-Law Exemption 10

Works

Potholes in sealed and gravel roads - Inspect, assess and respond to

customer. Add to a prioritised repair program based on risk assessment 15

Replace/repair damaged Street Signs – .Regulatory e.g. Give-Way, Stop Signs, Keep Left

5

Replace/repair damaged Street/Place name Signs 30

Missed Bin pickup Same day where possible.

* Processing times may increase where:

Information provided by the customer or agent is incomplete and/or incorrect.

Inspections show non-compliance and/or the requirement of remedial works

_______________________________________________________________________________

Page 58


INFORMATION REPORTS

MOVED SECONDED That the following information reports be noted: 1. General Manager’s Diary for the period 7 August to 4 September 2017

2. Current and Previous Minute Resolutions


Cr Atkinson Cr Wass


Cr Fox Cr Wriedt

Cr Grace

_______________________________________________________________________________

Page 59


GENERAL MANAGER’S DIARY FOR THE PERIOD 7 AUGUST TO 4 SEPTEMBER 2017

During the period 7 August to 4 September 2017 the General Manager’s diary records:

7 August Attended Council workshop

8 August In company with the Mayor, Cr Steve Wass, I attended the Owners Representatives Quarterly Briefing of TasWater

9 August In company with Daniel Smee, Manager Governance & Property Services, and Anj Jenni, Manager Community Services, I met with Ian Adams and Pam Welsh from Huon Regional Care

11 August Attended Audit Panel meeting

14 August Attended Council meeting

16 August Met with Cr David Grace and Cr Dean Winter to discuss various matters

17 August Met with Mike Weaver to discuss Kingborough7 Huon Business Enterprise Centre business directory

21 August Attended Council workshop

23 August Met with Cr Dean Winter to discuss various matters

25 August Met with Craig Ferguson, Project Director of Arm End Recreational Reserve

28 August Met with Sam Chedid to discuss development proposal for 6 Summerleas Road, Kingston

28 August Attended Council meeting

30 August In company with the Mayor, Cr Steve Wass, I attended a meeting of the Greater Hobart Congestion Group

31 August In company with the Mayor, Cr Steve Wass I attended a meeting of the Copping Joint Authority

4 September Attended Special Council Meeting

_______________________________________________________________________________

Page 60


CURRENT AND PREVIOUS MINUTE RESOLUTIONS

CURRENT RESOLUTIONS

Resolution Title: Petition - Waste Collection for Kettering

Date: 28 August 2017

Minute No.: C431/18-17

Status: In progress

Responsible Officer: David Reeve

Officers Comments: Workshop to be held then a report to Council

Anticipated Date of Completion: October 2017

PREVIOUS RESOLUTIONS STILL BEING ACTIONED

Resolution Title: Kingborough Family Day Care

Date: 10 July 2017


Status: In progress

Responsible Officer: Manager Community Services

Officers Comments: Transfer agreement signed

Anticipated Date of Completion: 7 November 2017

Resolution Title: 25A Osborne Esplanade, Kingston Beach and Kingston Beach Surf Life Saving Club

Date: 24 July 2017


Status: In Progress

Responsible Officer: Deputy General Manager

Officers Comments: Decision made to allow DAs to be submitted by Surf Club at both 25A Osborne Esplanade and Kingston Beach Oval and for Council to replace public toilets. Meeting held with Surf Club and all matters have been initiated

Anticipated Date of Completion: November 2017 (for follow-up Council report)

Resolution Title: Draft Dog Management Policy

Date: 13 June 2017


Status: On Hold

Responsible Officer: Manager Governance & Property Services

Officers Comments: On hold pending enactment of amendments to Dog Control Act

Anticipated Date of Completion: March 2018

_______________________________________________________________________________

Page 61


Resolution Title: Waste Management Strategy

Date: 13 June 2017


Status: In progress

Responsible Officer: Executive Manager Engineering Services

Officers Comments: Draft Waste Management Strategy out for comment

Anticipated Date of Completion: August 2017

Resolution Title: Petition – North Roslyn Avenue Precinct

Date: 26 June 2017


Status: In progress


Officers Comments: Further investigation underway

Anticipated Date of Completion: October 2017

Resolution Title: Local Government Reform

Date: 24 April 2017


Status: In progress

Responsible Officer: General Manager

Officers Comments: Correspondence sent to Minister for Local Government

Anticipated Date of Completion: August 2017

Resolution Title: Kingston Park Community Hub Café

Date: 27 February 2017


Status: On hold


Officers Comments: Advertising of further expressions of interest to be delayed.

Anticipated Date of Completion: Unknown

Resolution Title: Recyclables at Events

Date: 9 January 2017


Status: In progress


Officers Comments: Policy to be developed.

Anticipated Date of Completion: September 2017

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Resolution Title: Recreational Vehicle Camping Strategy

Date: 24 October 2016


Status: In progress


Officers Comments: Council report to be prepared following Councillor workshop held on 25 May 2017

Anticipated Date of Completion: December 2017

Resolution Title: Review of Climate Change (State Action) Act 2008

Date: 11 July 2016


Status: In progress

Responsible Officer: Manager Environmental Services

Officers Comments: Submission made to DPAC


Resolution Title: Climate Change Innovation Lab

Date: 14 June 2016


Status: In progress

Responsible Officer: Manager Environmental Services

Officers Comments: Business case adopted by Council

Anticipated Date of Completion: Ongoing

Resolution Title: Bruny Island SES Unit Complex

Date: 14 June 2016


Status: On hold


Officers Comments: Awaiting response from State Emergency Service


Resolution Title: Abel Tasman Anniversary

Date: 14 June 2016


Status: In progress

Responsible Officer: Manager Community Services

Officers Comments: Civic reception to be held – likely to be mid-December

Anticipated Date of Completion: December 2017

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Resolution Title: Relocation of Council’s Works Depot

Date: September 2015


Status: On hold


Officers Comments: Additional investigations are yet to commence – requiring geotechnical feasibility of possible Barretta site.

Anticipated Date of Completion: Unknown – requires Capex allocation

Resolution Title: Online Petitions

Date: September 2015


Status: In progress

Responsible Officer: Executive Manager Information Services

Officers Comments: Web developer finalising specification for sign-off

Anticipated Date of Completion: November 2017

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CONFIRMATION OF ITEMS TO BE DEALT WITH IN CLOSED SESSION

MOVED SECONDED That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015 the following items are to be dealt with in Closed Session.

Matter Local Government (Meeting

Procedures) Regulations 2015 Reference

Applications for Leave of Absence 15(2)(h)

Land Use Planning and Approvals Act Delegation 15(2)(i)

Request for Rate Remission 15(2)(g)

Current and Previous Minute Resolutions 15(2)(c)


Cr Atkinson Cr Wass


Cr Fox Cr Wriedt

Cr Grace

CLOSED SESSION

MOVED SECONDED That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015 that Council move into Closed Session.


Cr Atkinson Cr Wass


Cr Fox Cr Wriedt

Cr Grace

In accordance with the Kingborough Council Meetings Audio Recording Guidelines Policy,

recording of the open session of the meeting will now cease.

Open Session of Council adjourned at

OPEN SESSION OF COUNCIL ADJOURNS

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Page 65


Open Session of Council resumed at MOVED SECONDED The Closed Session of Council having met and dealt with its business resolves to report that it has determined the following:

Subject Decisions/Documents

Applications for Leave of Absence

Land Use Planning and Approvals Act Delegation

Request for Rate Remission

Current and Previous Minute Resolutions


Cr Atkinson Cr Wass


Cr Fox Cr Wriedt

Cr Grace

CLOSURE There being no further business, the Chairperson declared the meeting closed at ......................................................... ........................................... (Confirmed) (Date)

OPEN SESSION OF COUNCIL RESUMES