2013 10 17 Confirmed Minutes Ordinary Council Meeting · Mayor Carol Cox Deputy Mayor David...

Confirmed Minutes Ordinary Council Meeting 17th October 2013

2 Flinders Council Ordinary Meeting Confirmed Minutes 17th October 2013

FFLINDERS COUNCIL ORDINARY MEETING CONFIRMED MINUTES

DATE: Thursday 17th October 2013 VENUE: Flinders Art and Entertainment Centre, Whitemark COMMENCING: 1.00 pm

PRESENT

Mayor Carol Cox Deputy Mayor David Williams Cr Marc Cobham Cr Mary-Anne Roberts Cr Gerald Willis Cr Ronald Wise APOLOGIES Cr Peter Rhodes STAFF IN ATTENDANCE Raoul Harper - General Manager 1.00 – 3.49pm Sophie Pitchford - Acting Corporate Services Manager 1.00 – 1.39pm Jacci Viney - Development Services Coordinator 1.00 – 1.27pm Vicki Warden - Executive Officer 1.00 – 3.49pm CONFIRMATION OF MINUTES 646.10.2013 Moved: Cr G Willis SSeconded: Cr M Cobham That the Minutes from the Ordinary Council Meeting and the Closed Council Meeting held on the 19th September 2013 be confirmed.

CARRIED UNANIMOUSLY (6-0)

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

PUBLIC QUESTION TIME Question 1: David Tresemer In relation to various predictions of calamities by fire, water etc., does Council rely on a particular agency or agencies to assess the validity of the claims and how to respond? Mayor’s Response: The General Manager reported that there was a multi-agency approach when responding to calamities. Fire is dealt with by TasFire and other State based agencies with assistance from multiple Federal Government agencies in relation to modeling, prediction and assistance; flooding is also a multi department issue and stakeholder issue; climate change modeling, prediction and mitigation is also coordinated through the Federal and State Governments with Council’s now needing to consider localised climate change action plans based on the science


provided by the State and Federal Governments or their own place based assessments. The area of climate prediction and how to respond is very complex and neither the State nor Federal Governments, in my humble opinion, are providing Council or communities with detailed technical advice or the funding required to meaningfully address or plan for climate calamities if/ when they may occur. QQuestion 2: Cr Marc Cobham on behalf of Donald Withers Could Council (perhaps with Parks & Wildlife involvement) investigate installing a rubbish bin at the Bluff Rd end of the Bluff Track? Daily I pick up rubbish in this particular area. Mayor’s Response: Council staff will discuss the matter with Parks and Wildlife. LATE AGENDA ITEMS 647.10.2013 Moved: Deputy Mayor D Williams SSeconded: Cr M Cobham That Item A2 on the agenda is to be withdrawn.



The following has been received as a late agenda item:

Item D3: Notice of Motion from Deputy Mayor David Williams – Resignation of Special Committee Representative

Pursuant to S65(1) of the Local Government Act 1993, the General Manager confirms that he has had sufficient time to consider the item and to provide expert advice in relation to the item. The resignation has come forward and can be dealt with at this meeting. The unconfirmed minutes from the Audit and Finance Special Committee are provided in order to confirm the recommendation. Under S8(6) of the Local Government (Meeting Procedures) Regulations 2005, this item may be considered at this meeting by absolute majority vote.

648.10.2013 Moved: Deputy Mayor D Williams SSeconded: Cr M Cobham That the item be considered at this meeting as Item D3.




DDECLARATION OF PECUNIARY INTEREST Nil LEAVE OF ABSENCE Nil PETITIONS Nil


WWORKSHOPS & INFORMATION FORUMS

Council Workshop held on 3rd October 2013 Council held a workshop on the following items:

� Item 1 Waste Management � Item 2 Optional Conduct of Annual General Meeting � Item 3 Aviation Policy � Item 4 Change of Date for November & December Councillor Workshop &

AGM � Item 5 Citizen Awards – Guidelines and Policy

Councillors Present: Mayor Carol Cox, Cr Marc Cobham, Cr Peter Rhodes, Cr Mary-Anne Roberts and Cr Gerald Willis. Apologies: Deputy Mayor David Williams Staff Present: Raoul Harper (General Manager) (Item 1 – 4 only), Justin Jones (Just Waste Consulting) (Item 1 only), Jacci Viney (Development Services Coordinator) (Item 1 only), Mark Walters (IPD Consulting) (Item 1 only) and Vicki Warden (Executive Officer) (Items 4 & 5 only). DECISION 649.10.2013 Moved: Cr M Roberts SSeconded: Cr M Cobham That the Council Workshop held on 3rd October be noted.



As workshops and information sessions are for information and discussion purposes only, no decisions are made or foreshadowed at these proceedings. PUBLIC MEETINGS Nil COUNCILLOR’S QUESTIONS ON NOTICE Nil


CCOUNCILLOR’S QUESTIONS WITHOUT NOTICE Question 1: Deputy Mayor D Williams Can the General Manager please confirm that the Redevelopment Brief submitted for Council consideration by the Flinders Island Sports & RSL Club will be included on the Agenda for the next workshop? General Manager’s Response: Yes the Redevelopment Brief submitted for Council consideration by the Flinders Island Sports & RSL Club will be included on the Agenda for the next workshop. Question 2: Cr Marc Cobham Can the General Manager provide an update regarding progress on the NRM (Natural Resource Management) funding? General Manager’s Response: As of last week, NRM favour remaining with the original staffing model and continue to not support a change of model. Council has continuing challenges with staffing costs and can no longer support the model favoured by NRM. Our preference is to engage a contractor in the role rather than another staff member. The matter will be taken to the November workshop for discussion. PUBLICATIONS/REPORTS TABLED FOR COUNCIL INFORMATION Nil


RREPORTS TO BE RECEIVED Furneaux Group Aviation Special Committee File No: COM/0104 Annexure 1: Furneaux Group Aviation Special Committee Unconfirmed

Minutes 8th October 2013 OFFICER’S REPORT (Raoul Harper, General Manager): The unconfirmed minutes of the Furneaux Group Aviation Special Committee held on Tuesday 8th October 2013 have been provided for consideration. The minutes outline what the committee has been working on to date and can now be received by Council. OFFICER’S RECOMMENDATION That the unconfirmed minutes of the Furneaux Group Aviation Special Committee meeting held on Tuesday 8th October 2013 be noted. DECISION 650.10.2013 Moved: Cr R Wise SSeconded: Cr M Roberts That the unconfirmed minutes of the Furneaux Group Aviation Special Committee meeting held on Tuesday 8th October 2013 be noted.



COUNCILLORS’ REPORTS Nil


MMAYOR’S REPORT:

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

REPORT:

AACTIVITIES: 13/09/13 Tasmania Regional Arts - Unsung Heroes Concert 16/09/13 Cocktail Party for acure4cancer run 17/09/12 Attended the start of run for acure4cancer 18/09/13 LGAT General Meeting - Devonport 19/09/13 Council Meeting 21/09/13 Music for Anticancer 26/09/13 TasWater Meeting - Whitemark 27/09/13 Northern Tasmanian Development AGM – by telephone link 29/09/13 Opening of Sydney Cove Exhibition - Museum 03/10/13 Councillor Workshop 08/10/13 Aviation Special Committee Meeting

TasWater Public Meeting Head-works charges have been in the news lately and my discussions with the TasWater personnel present indicated that head-works charges could apply to subdivisions within the areas of Lady Barron and Whitemark and that unlike water usage charges which are to be the same all over Tasmania, head-works charges will be determined on an individual basis. TasWater advised those present that they are looking at treated water supplies for both towns and have begun investigations into the best method to do this. Acure4cancer Congratulations to David Williams and his very dedicated supporters for achieving the aims set out for the Run, both in successfully completing the run and also in raising over the targeted $20,000 amount. Sydney Cove Exhibition Around thirty people gathered at the opening of the exhibition by Louise James, History Registrar at the Queen Victoria Museum & Art Gallery where she has worked for 26 years. Louise has a particular interest in helping community museums and has been providing advice to the Furneaux Museum volunteers for many years. The Sydney Cove exhibition was achieved as a direct result of hard work by David Williams, Rosemary Tuxworth, D’reen Lovegrove, Bron Grutzner, Kerrie Prescott & Vicki Warden. Thank you to everyone involved in bringing this exhibition to the Furneaux Museum.


CCORRESPONDENCE IN:

Premier Lara Giddings MP The power to choose your electricity retailer. Mr. D. Spence, Department of Infrastructure, Energy & Resources

Integrated Transport Plan (request to consider).

Tasmanian Parliamentary Prayer Breakfast Executive Invite to breakfast on 13th November 2013.

Kim Booth MP Putting People before Pokies - Bill for Parliament.

Australian Three Peaks Race Chairman Three peaks race deferred until 2015. Northern Tasmania Development C8 Summit, save the date 25th Oct, Riverside.

Bicycle Network Super Tuesday Bike Count 2014 Proposal (4th March 2014)

Lord Mayor, City of Adelaide Adelaide Velo-City Global 2014 - global discussion on cycling.

TasWater Town water supplies public consultations. Flinders Island Tourism Association (FITA) Annual Report and committee members.

Ben Lomond Water Annual General Meeting - 7th November 2013, 3.00pm.

National Climate Change Adaption Research Facility

Policy Guideline Briefs for Climate Change Adaption.

Hon Bryan Green MP Draft West Tamar Interim Planning Scheme 2012.

Hon Bryan Green MP Modification of Planning Directives Numbered 1, 4 and 5.

Hon Bryan Green MP

Advice Council should apply relevant zonings on the basis of its local land use strategy. Declaration of the revised Northern Tasmanian Regional Land Use Strategy in the near future.

Flinders Island Car Rentals Re Hire car parking changes. The Hon Bryan Green MP Proposed changes to the Dog Act. BoysTown Request for support for Kids Helpline. David Williams Thank you. Department of Premier and Cabinet

Acknowledgment of receipt of letter to Minister David O'Byrne.

Tasmanian Audit Office Final Management Report - Financial Report for the year ended 30 June 2013.

Hon Bryan Green MP Moving aspects of planning to online access and approvals for customers.


CCORRESPONDENCE OUT:

13/09/13 Ms Sue Cimino Thank you for membership of Audit Committee.

13/09/13 Mr David Spence Re Integrated Transport Plan. 22/09/13 TasWater Town water supplies public consultations. 25/09/13 FITA Thank you for Annual Report and update. 25/09/13 Ben Lomond Water Deregistration of Corporation.

26/09/13 TasWater Re Dissolution of Ben Lomond Water Company.

26/09/13 Community Member Character Reference.

1/10/13 Drs Sonia & Berender Singh Testimonials.

2/10/13 The Hon David O'Byrne MP Re Gravel road speed limit proposed change.

2/10/13 Mary McTier Answer to Public Question about weeds in Whitemark.

3/10/13 Ms Sue Ryden, DON, MPC

Re Disabled access to path at front of Doctors surgery.

VOTING REQUIREMENTS: Simple Majority RECOMMENDATION: That the Mayor’s report be received and accepted. DECISION: 651.10.2013 Moved: Deputy Mayor D Williams SSeconded: Cr G Willis That the Mayor’s report be received and accepted.




AA. DEVELOPMENT SERVICES AND PLANNING APPLICATIONS Mayor C Cox announced at 1.20pm that Pursuant to Section 25 of the Local Government (Meeting Procedures) Regulations 2005, the Council will now act as a Planning Authority under the Land Use Planning and Approvals Act 1993. Item A1: Development Application - Cohen & Associates Pty Ltd

ACTION Decision PROPONENT Cohen & Associates Pty Ltd OFFICER Justin Simons (Consultant Town Planner) APPROVED BY SENIOR PPLANNER

Jo Oliver (Senior Consultant Town Planner)

FILE REFERENCE DA2013/0020 ASSOCIATED PAPERS Annexure 2: Subdivision Plan – Palana Rd

Annexure 3: Agricultural Report – Palana Rd Annexure 4: TasWater – Palana Rd

Proposal: Subdivision (10 Lots), one lot less than 40 hectares in the Rural

Zone, partly within the Buffer/Attenuation Area (Airport Buffer) and located in the Special Area: Shorelines, Water Bodies and Watercourses.

Location: Palana Road, WHITEMARK (CT:164994/1) Applicant: Cohen & Associates Pty Ltd Zoning: Low Density Residential Zone and Rural Zone Special Areas: Shorelines, Water Bodies and Watercourses. Representations Received: Nil INTRODUCTION: The application proposes to subdivide an existing 52.69 hectare allotment into ten (10) titles, intended for residential use. The subject land is located to the north of Whitemark (south of the Whitemark Airport), having frontage to both Bluff Road and Palana Road. Five of the lots will have frontage/access to Palana Road, while the remaining five are comprised of internal lots with access to Bluff Road. The subject title is located within 100m of the high-tide mark and is located outside the Whitemark town boundary. As such, it is subject to the Special Area: Shorelines, Water Bodies and Watercourses.


The south-west corner of the land is located within the Buffer/Attenuation Area surrounding the Whitemark Airport. The 9ha portion of the land within the buffer is zoned Rural.

The remainder of the land is zoned Low Density Residential and is currently vacant. While there is a small amount of native vegetation at the southern extremity of the lot, the land is predominately cleared.

Figure 1 below shows the location of the subject title.

Figure 1: Locality Plan

Source: www.thelist.tas.gov.au

ZZoning

In accordance with the Flinders Planning Scheme 1994, the subject land is zoned Low Density Residential, with 9ha in the south-west corner being located within the Rural Zone. The land zoned Rural is also subject to the Buffer/Attenuation Area surrounding the Whitemark Airport.

Subject Title


Figure 2 below shows the zoning of the subject land.

Figure 2: Zoning map of the subject title showing Low Density Residential Zone, Rural Zone and the Airport Buffer.

Use and Development Status Subdivision within any zone is identified as a Discretionary form of development pursuant to Section 81 of the Local Government (Building and Miscellaneous Provisions) Act 1993. In addition, Lot 10 is partially zoned Rural and will be below the 40 ha minimum lot size permitted in this zone. A lot less than 40 ha can be considered at Council’s discretion. As the subject title is within 100m of the high-water mark and is outside the town boundaries, it is within the Special Area: Shorelines, Water Bodies and Water

Low Density

Residential Zone

Airport Buffer

Rural Zone


Courses. Development on land within this Special Area is also subject to Council’s discretion. SStatutory Timeframes Date Received: 2nd September 2013 Request for further information: N/A Information received: N/A Advertised: 11th September 2013 Closing date for representations: 24th September 2013 Extension of time granted: 3rd October 2013 Extension of time expires: 18th October 2013 Decision due: 17th October 2013 OFFICER’S REPORT: General The application proposes to subdivide a 40.8 hectare title into ten allotments. The lot sizes are outlined in Table 1 below:

Table 1: Proposed Lot Sizes Lot Size (hectares) Allotment 1 3.08 Allotment 2 2.9 Allotment 3 2.7 Allotment 4 2.5 Allotment 5 2.33 Allotment 6 5.41 Allotment 7 4.72 Allotment 8 4.67 Allotment 9 4.98 Allotment 10 19.4


FFigure 3: Proposed Subdivision Layout

The photos below show the extent of the site.


PPhoto 1: Subject Title, looking south from Palana Road.

Photo 2: Subject title, looking south across proposed Lot 10, from the approximate

boundary between Lot 10 and Lot 8.

Photo 3: Looking south from the subject title, showing remnant coastal scrub in the south-west corner, located within the airport buffer and Rural Zone.


Photo 4: Existing crossover, and access strip to Lots 6-9.

Photo 5: Subject title, looking north across Lot 6 & Lot 7 to Palana Road and Lots 1-

5, from the acess strip of Lots 6-9.


Photo 6: Looking south across Lot 8 and Lot 10, from the access strip to Lots 6-9.

4.1 -Plans of Subdivision

In considering any application for the subdivision of land Council must:

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

b) in no case approve the subdivision of any lot or other block of

land of a size, shape or dimension other than is provided for in Part 6 of this Scheme and required to enable all other relevant provisions of this Scheme to be met; and

c) have regard to any other relevant matters required under this

Scheme and the provisions of the Local Government (Building and Miscellaneous Provisions) Act 1993;

Comment: The relevant matters under Section 3 and Part 6 of the Scheme are discussed below.

The subdivision standards provided by the scheme take precedence over those stated in the Local Government (Building and Miscellaneous Provisions) Act 1993.


55.3 – Low Density Residential Zone Zone Intent, Desired Zone Character and Zone Guidelines: The Intent of the Low Density Residential Zone is outlined under Clause 5.3.1 of the Scheme, which states:

Use or development is intended to be predominantly residential with some compatible non-residential uses or developments where they should not detract from the residential use, development and amenity of the zone.

The Desired Zone Character and Zone Guidelines are outlined under Clause 5.3.2 of the Scheme, which states:

(a) The desired character is generally less formal than normal residential areas. Buildings should be spaced at greater distances from each other and from the street than in normal residential areas and the generous use of appropriate planting (particularly locally occurring species) is encouraged.

(b) Buildings should be small to medium in scale while allowing for a variety of building styles and individual expression

(c) Ensure that on site disposal of effluent can be achieved for any development within the zone.

COMMENT: As the proposed 10 lot subdivision is intended to facilitate residential development on larger lots, it is generally in keeping with the intent of the Low Density Residential Zone. The proposal is also in keeping with the desired zone character, as the layout provides for buildings to be placed at greater distances apart. Lots 1-5 with frontage onto Palana Road are of sufficient size that dwellings can be placed a sufficient distance from the road to mitigate visual impacts. All the proposed lots are of a sufficient size that a reasonable degree of separation can be easily accommodated between dwellings in the future. No development has been proposed at this time, other than works associated with the subdivision. The proposed lots are all considered to be of sufficient size to accommodate onsite waste water treatment. 5.3.3 - Subdivision Standards Clause 5.3.3 states:


(a) The minimum lot size is 4000m2. (b) Each lot shall be capable of containing a minimum rectangle of 15 x 20

metres. (c) Lots shall be dimensioned so that the average length does not exceed 4

times the average width. (d) The minimum lot frontage is 3.6 metres.

CCOMMENT: As detailed in Table 1 above, all proposed lots are in excess of 4000m2 and can easily accommodate a building rectangle of 15m by 20m. The proposed lots are proportioned such that the average length does not exceed more than 4 times the average width. The ratio of length to width is approximately 2:1 for Lots 1-5 and Lot 10, and 1:1.5 for Lots 6-9. All lots have a minimum frontage of 4m. The proposal complies with the subdivision standards for the zone. 5.8- Rural Zone Zone Intent, Desired Zone Character and Zone Guidelines: The Intent of the Rural Zone is outlined under Clause 5.8.1 of the Scheme, which states:

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

(b) Use and development in the Rural Zone is intended to accommodate

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

The Desired Zone Character and Zone Guidelines are outlined under Clause 5.8.2 of the Scheme, which state:

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


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

(c) Land use or development and management practices shall be

environmentally appropriate and shall avoid contamination or despoliation of the land, ground water, watercourses, shorelines, lagoons and marshes. Sand-dunes and coastal vegetation and ecologically important areas shall be protected from degradation.

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

Practices Codes. COMMENT: An agricultural report, prepared by a suitably qualified agricultural consultant, indicates that the small area of Rural land in the south-west corner of the title has little potential for agriculture. The Rural zoned land is just 9ha in area and will be entirely contained within proposed Lot 10. The land is located in close proximity to the coast, limited in size and is not considered to be prime agricultural land. The primary industry potential of the lot is also heavily constrained by being predominately zoned Low Density Residential and the fact that it is bound by the balance of the Low Density Residential Zone. The Zone Intent, Desired Zone Character and Zone Guidelines encourage the maintenance of rural land for agricultural uses, whilst also providing for non-agricultural activities where appropriate. While no development is proposed at this time, the subdivision and residential development of the subject land will not impact on the agricultural capacity of the 9ha of Rural zoned land. The subdivision of the 9ha portion is not considered to exacerbate any constraint on the adjoining agricultural land to the east. The 9ha of Rural zoned land is isolated from other productive agricultural land by the zoning of the adjoining land. To the west, north and east the adjoining land is zoned Low Density Residential, while land to the south is zoned Environmental Management and Recreation. The application does not further propose to divide the 9ha area of Rural zoned land, but will create a title (Lot 10) containing the Rural land and approximately 10.4ha of Low Density Residential zoned land. As such, it is considered that the proposed Lot 10 is of sufficient size to support a dwelling without converting Rural land or further reducing the agricultural productivity of the 9ha.


Whilst development, other than subdivision works, is not proposed at this stage, it is noted that the anticipated purpose of the subdivision is to provide ten (10) allotments which are intended for residential development. Given the limited agricultural potential of the land, the proposed subdivision is considered to be an appropriate non-agricultural use. The land is not considered to have any significant natural values that would require disturbance to facilitate future development and the character of the rural zoned area of land is not considered to be compromised by the proposal. 5.8.3 - Subdivision Standards Clause 5.8.3 states:

(a) The minimum lot size is 40ha.

(b) A lot less than 40 hectares may be approved at Council’s discretion for the following purposes; (i) For an intensive agricultural use;

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

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

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

(c) In considering an application under Clause 5.8.3(b) Council shall require a detailed assessment of the proposal prepared by a suitably qualified, independent, agricultural consultant that demonstrates: (i) In the case of lots for intensive agricultural use, the capacity of

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

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

CCOMMENT: The proposed subdivision will result in a single lot which will have an area less than the minimum lot size permitted in the Rural Zone. The minimum lot size in the Rural Zone is 40ha, while proposed Lot 10 will have an area of 19.4ha. While less than 40 hectares, Lot 10 is considered to be consistent with Clause 5.8.3 (b)(ii) and (c)(ii) above as the area contained within the Rural Zone will not be altered. The subject property is not currently used for agriculture and has limited potential, as detailed above. The area of land currently zoned Rural is already less than 40ha and it is not proposed to further divide this area or undertake any works within the Rural Zone. As such it is considered that the use and development of land within the Rural Zone will not be adversely impacted by the proposed subdivision. The zone intent and the desired zone character and zone guidelines, allow for non-agricultural uses that are considered compatible in certain circumstances. As there


is minimal potential for primary industry and the land is located in close proximity to existing residential development, future development for residential purposes could be considered a consistent non-agricultural use.

(d) Before accepting an application under Clause 5.8.3(b) Council may require the applicant to submit a Development Plan for the land to which the application relates. The Development Plan should show that: (i) Subdivision will not fragment or diminish the agricultural

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

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

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

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

CCOMMENT: A development plan is not considered warranted as the Rural zoned land is only 9ha in area. As previously discussed, the proposed subdivision will not further fragment the agricultural potential of the land. It has been demonstrated that all the proposed lots can achieve an area suitable for future development that could achieve compliance with bushfire provisions, without significantly disturbing the natural environment. The land is predominately cleared with remnant native tussocks and some coastal scrub in the south west corner. A Natural Values Atlas Report has not identified any significant fauna within 500m of the title. While a threatened flora species has been identified on land located to the west of the title, Bluff Road and existing residential development provide an adequate degree of separation. No threatened species have been identified on the subject land. The proposed subdivision does not conflict with surrounding land use. Land to the west is similarly zoned Low Density Residential and has largely been developed as such. The proposed lots are of sufficient size that appropriate setbacks from the Rural Zone to the east and the Environmental Management and Recreation Zone to the south can be achieved. 3.19 – Buffer/Attenuation Areas 3.19.1 Notwithstanding any other provision in this Scheme, within the

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

COMMENT: While the intent of the subdivision is to facilitate residential development, no dwellings have been proposed at this time. As the land within the buffer is zoned Rural, a dwelling within the buffer remains prohibited. Only


proposed Lot 10 will be partially contained within the buffer with 10.4ha of land remaining outside the buffer to accommodate a dwelling.

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

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

CCOMMENT: As discussed, sufficient area remains outside the buffer to accommodate a dwelling. No changes to the use of the Rural land within the buffer are currently proposed.

3.19.3 Matters to be considered when determining an application include:

(a) The siting and orientation of habitable buildings in relation to the topography and sources of emissions; (b) The design of buildings, including the position of doors and windows and the noise absorbing properties of proposed building materials; (c) the benefits of screening with earth mounds, walls, fences or landscaping.

COMMENT: As discussed above, the lot partially within the buffer contains sufficient area to site buildings such that the buffer will not be encroached upon by sensitive uses.

3.19.4 Notwithstanding Clause 3.19.1, within the existing lots zoned Low Density

Residential at Bluff Road and subject to the (c) Buffer/Attenuation Special Area, a House or a House and Ancillary (d) Apartment may be erected in accordance with Clause 3.5 of the (e) Scheme.

COMMENT: Although accessed off Bluff Road, the subject land within the airport buffer is zoned Rural and a dwelling remains prohibited. Sufficient area zoned Low Density Residential is located outside the buffer to accommodate a dwelling on Lot 10.

Part 6- Use and Development Principles 6.1- Use

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

COMMENT: The proposed subdivision is not considered to unreasonably impact the existing or intended use or development of adjoining land. The subject title is predominately zoned Low Density Residential and the intended purpose of the subdivision is to support a residential use. This is generally in keeping with the existing residential land use to the west.


While the land to the east is zoned Rural, the proposal does not include any development other than crossovers and fencing at this time. The proposed lots are of a sufficient size that appropriate setbacks from the boundary can be achieved for any future use and development. The land to the south is zoned Environmental management and recreation. It is considered that the Rural zoning and airport buffer covering the south-west corner of the title act as an effective buffer between the Environmental Management and Recreation Zone and the Low Density Residential Zone to the north. The development of a dwelling is prohibited within the buffer and apart from agriculture, for which it has been shown the land has limited potential, all other future use and development in the Rural Zone will require a planning permit.

(b) Subdivision of land shall be carried out in accordance with the subdivision provisions for the zone within which the land is located or where that is not appropriate in accordance with: (i) The requirements of the intended use; and (ii) The Zone Intent, or alternatively by (iii) An approved Development Plan that has been adopted by Council and

inserted as a provision in the Scheme. CCOMMENT: As detailed, the subdivision proposes nine (9) allotments within the Low Density Residential Zone and one (1) allotment partially zoned Rural. It is anticipated that the subdivision will cater for the residential development of all ten (10) lots. This is considered to be consistent with the Zone Intent, Desired Zone Character and Zone Guidelines of both the Low Density Residential and Rural Zones (see comments above). The proposed lot sizes are well in excess of the requirements of a low density residential use. 6.2- Character

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

COMMENT: The intention of the subdivision is to accommodate future residential development, in keeping with the zoning of the land and the existing use of land to the west. The larger size of the allotments allows for future development to be designed to consider setbacks from the adjoining agricultural land and the maintenance of rural landscape values.

(b) Subdivision layout, particularly roads, shall take adequate account of land contours and the need to avoid visual scarring.

COMMENT: The subdivision does not propose any new roads and the topography of the land is relatively gentle such that it can readily accommodate development without visual scarring. At this stage, there will be minimal alteration to the visual appearance of the land with the exception of the construction of new vehicle cross-over’s to each allotment and boundary fencing.


(e) Where trees are an important element in the character of an area they should be retained.

CCOMMENT: The subject land has already been cleared and has little significant vegetation. While a small area of remnant coastal scrub is located in the south-west corner of proposed Lot 10, existing cleared areas are sufficient to support a residential use and bushfire protection areas. No vegetation clearance has been proposed as part of the application. 6.3- Amenity

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

(b) Use or development shall accord all existing and/or future occupiers with adequate and reasonable levels of amenity, especially in relation to privacy, sunlight, aspect, views and noise disturbance.

(c) Dwellings shall provide an adequate amount and appropriate type of private open space, to meet the expected lifestyle requirements of occupants. Such private open space shall provide adequate privacy, be exposed to reasonable levels of sunshine and directly accessible from the dwelling to which it belongs.

COMMENT: The subdivision proposes to create (9) additional allotments for the anticipated purpose of accommodating future residential forms of development. It is anticipated that increased residential development will result in increased demand on public open space areas. Where the developer does not incorporate adequate public open space into the subdivision design, Council requires the payment of a Public Open Space Contribution in lieu. The proposed lots all exceed 2 ha in area and are of sufficient size that a reasonable degree of amenity and private open space can be easily achieved by future residential development. 6.4- Environment

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

COMMENT: It is anticipated that the allotments will be for the purpose of providing future residential activities. Any use or development will be considered if and when an application is lodged, however it is considered that the lots can provide for future residential development without compromising environmental values.


A Natural Values Atlas Report did not identify any species of flora or fauna of conservation significance on the subject lot. The land has been largely cleared, with some sparse tussock grasses and a small area of remnant coastal scrub in the south-west corner. While this vegetation is not considered to be significant, no additional clearance has been proposed or would be required in order to achieve bushfire safety.

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

CCOMMENT: The proposed subdivision is considered appropriate with respect to environmental management. The works associated with the subdivision are considered minor and capable of being completed with minimal disturbance to the environment. As previously discussed, the subject land is already highly disturbed with few natural values and is not subject to erosion hazards .

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

(iii) Use and development in bushfire prone areas will comply with the

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

COMMENT: The land has been identified as being bushfire prone and is discussed further below under Schedule 7.

(d) Potentially incompatible Uses or Developments shall be adequately and appropriately located, sited and designed to avoid conflict. Level 2 activities or sources of pollution shall be sited in accordance with the following:

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

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


CCOMMENT: The land is not located in close proximity to any Level 2 activity or identified sources of pollution.

(e) Use or development shall be of a suitable form and siting to avoid any

adverse impact on any watercourse and vice versa. Use or development (including the siting of effluent disposal systems) shall be setback a minimum of 40 metres, or such distance as is required, from a watercourse to avoid degradation of water quality.

COMMENT: The land is not located within 40m of any watercourses and is suitable for on-site wastewater disposal.

6.5 Heritage

(a) Use or Development shall be undertaken in areas and in a manner which conserves items, sites, areas and customs or historic and cultural value.

COMMENT: The subject land is not heritage listed. Works and development will be limited to fencing and upgrades to crossovers. If an item of potential Aboriginal significance is located during any works, the applicant is required under the Aboriginal Relics Act 1975 to report the finding. 6.6 Access and Parking

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

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

COMMENT: All lots are capable of achieving access from a Council maintained road (Bluff Road and Palana Road). New or upgraded crossovers will be required for all lots to the satisfaction of Council. The accesses to Lots 1-5 on Palana Road should be located where possible so that they are adjoining or in close proximity to the access of the adjoining lot. Lots 6-9, are accessed via 4 side by side driveways passing between 31 Bluff Road and 33 Bluff Road. While not an ideal access solution, the four, 4m wide accesses meet the minimum requirements of the Planning Scheme, particularly Clause S7.2.5c (discussed below). The volume of use anticipated over individual residential driveways is such that individual driveways adequately meet normal engineering standards for low traffic roads. The standard of the existing roads is appropriate to the scale of development.


(d) Road widths shall be appropriate to the road function, expected traffic type and volume, and future subdivision potential of the subject and surrounding land.

CCOMMENT: No new roads are proposed.

(e) Footpaths shall normally be required in areas of new subdivision except where low vehicle traffic volumes are anticipated, in which case a footpath one side only or no footpath may be appropriate.

COMMENT: Formed footpaths are not characteristic to the surrounding residential development and are considered to be unwarranted.

(f) Road intersections shall be kept to a minimum with the use of existing

roads, service roads and/or shared driveways being encouraged where appropriate.

COMMENT: All proposed lots have frontage to and access a Council maintained road. Pursuant to s.109 of the LG (BMP) Act, shared driveways via reciprocal rights of way can only be created where they are not located over the sole and principal access of another lot, as the Flinders Planning Scheme does not specifically provide otherwise. In this proposal, the internal driveways of lots 6 – 9 are the sole and principal access to each lot.

(h) New Use or Development shall provide a suitably constructed driveway

of a width to provide for the safe ingress and egress of the anticipated volume of traffic associated with the Use or Development.

COMMENT: The proposed lots all have frontage of an appropriate width to a Council maintained road, onto which new or upgraded accesses must be provided.

(k) New use or Development in Bushfire Prone Area will require access that complies with the provisions of Schedule 7, Development in Bushfire Prone Areas.

COMMENT: Refer to comments under Schedule 7. 6.7- Services

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

COMMENT: The applicant has proposed that that the lots remain disconnected from the reticulated water system. Given the location of existing infrastructure and precedent set by existing residential development in the area, it is considered appropriate that the lots be connected to the water supply. The proposed lots all have frontage to either Palana Road or Bluff Road, both of which have TasWater water supply running parallel. The majority of other Low Density Residential lots along Bluff Road are already connected to the reticulated system. However, the


Scheme does not specifically mandate the connection of water and TasWater has issued a Submission to Planning Authority Notice, which does not require the lots to be connected due to the excessive costs.

(b) Lot size and arrangement shall be adequate and appropriate to ensure an acceptable level of servicing, particularly in relation to waste disposal.

CCOMMENT: The proposed lot sizes are considered adequate to accommodate on-site waste water disposal and other services that may be required if the land is further developed. Refer to Clause 3.10(6) below for comments regarding power supply. 6.8 Social Interest

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

2. Use or Development shall have adequate and appropriate types and

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

COMMENT: The subject land is located in proximity to Whitemark and as such the land is within a reasonable distance of social facilities and services. 6.9 Administration

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

COMMENT: The provision of ten (10) new allotments is not considered excessive with respect to allotment supply and will not distort demand.

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

COMMENT: The applicant is required to bear the costs of connecting to existing power and water infrastructure. Services are already available to the area and additional lot yield assists to distribute the costs of future maintenance.


PPart 7- Special Area Provisions 7.5 Shorelines, Water Bodies and Watercourses Being located within 100m of the high water mark and located outside the Whitemark town boundary, the title is within the Special Area: Shorelines, Water Bodies and Watercourses. The proposed subdivision is considered to be in keeping with Clause 7.5. Currently no development or works are proposed, besides those associated with subdivision, and the use of the land will remain as existing. The impact of any future use and development on coastal values will be assessed if/when a future application for development is made, however the setback to the coast is also protected by Rural zoning, the ability to retain coastal vegetation and the airport buffer which limit development within the setback. Schedule 7 Development in Bushfire Prone Areas Schedule 7 of the Scheme relates specifically to development in Bushfire Prone Areas. A number of these provisions relate to the Tasmania fire Service ‘Guidelines for Development in Bushfire Prone Areas of Tasmania’. The following discussion relates to the requirements of this Schedule. S7.1.0 “The design, siting and layout of subdivisions in bushfire prone areas should minimize risks and the potential for loss of life”. COMMENT: This issue relates to the provision of appropriate Building Protection Zones around buildings. At this stage, no development is proposed. The lots are of significant size and can accommodate the necessary asset protection zones. S7.2.0 “Subdivisions are designed to provide safe access for emergency vehicles to all lots and buildings”. COMMENT: Acceptable Solutions S7.2.1(a)-(d) relate to the provision of access roads to subdivisions. Access to all lots is provided from a Council maintained road. Driveway cross-over construction is recommended by way of condition. Acceptable Solutions S7.2.2(a)-(d) relate to the construction standards for access with respect to surface and vegetation clearance levels. The lots have previously been cleared. Any additional clearance required for access is considered acceptable.


Acceptable Solutions S7.2.3(a)-(d) provide guidelines for driveway/access gradient. Acceptable Solution S7.2.3(a) specifies a maximum gradient of 1 in 8, however allows for an “absolute grade of 1 in 5 where topographic difficulties occur” and a maximum average grade of not more than 1 in 7. Whilst no additional driveway construction is to be undertaken at this stage (with the exception of the vehicle cross-overs), the subject land is relatively flat and no difficulties are foreseen in achieving a satisfactory access. Acceptable Solutions S7.2.4(a)-(b) relate to the provision of adequate turning points for emergency services at the end of roads and access ways. As all lots have access to existing Council maintained roads, existing turning provisions are considered to be sufficient. The proposed lots are all of a sufficient size that onsite turning can be achieved at the end of all access drives. Acceptable Solutions S7.2.5(a)-(c) relate to the minimum trafficable width of accesses. The Acceptable Solution states: Where the access is less than 6 metres trafficable width, passing bays of a minimum length of 20 metres must be provided every 200 metres along the access. The combined width of the access and passing bay must be a minimum 6 metres. While the accesses to Lots 6-9 are 4m wide, at a distance less than 200m all accesses increase in width to a minimum of 6m to accommodate passing. As such all the proposed lots achieve access of a suitable width for the safe ingress and egress for a single residential lot. Overall, the proposal is considered consistent with this Schedule with respect to subdivision. Any future development of a dwelling will be assessed in relation to bushfire as part of the Building Application process. PPart 3.10 Consideration of Applications for Planning Permits The relevant provisions of Clause 3.10 are discussed below:

1. The objectives, the intent of the zone, use and development principles, any development plan affecting the land and any relevant development standards or other relevant requirements of the Scheme.

COMMENT: The intent and principles of the Rural Zone and Low Density Residential Zone have been discussed above. The proposed subdivision is considered in keeping with these requirements.

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

COMMENT: The application was advertised for the statutory 14 day period and no representations were received.


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

(a) Bush fire hazard:

CCOMMENT: Bushfire hazard has been discussed above.

(f) any Special Area Provisions in Part 7 COMMENT: The Special Area: Shorelines, Water Bodies and Water Courses has been discussed above.

5. whether the proposed use or development is satisfactory in terms of its siting, size or appearance and levels of emissions in relation to:

(a) Existing site features;

COMMENT: As discussed, the subject land is predominantly zoned Low Density Residential and lots are of sufficient size to accommodate residential development without compromising use and development of adjoining zones. The Buffer/Attenuation Area provides adequate protection for the Airport.

(b) Adjoining land COMMENT: The land to the west is Low Density Residential and has been largely developed as such. A residential subdivision is in keeping with this land use. Adjoining land to the north and east is zoned Rural, however the proposed lots are of sufficient size that future use and development can be suitably setback from primary industry activities and the rural landscape protected.

(c) The streetscape and/or landscape COMMENT: The proposed subdivision will result in lots for potential development that will alter the appearance of the landscape, however the context of long standing residential zoning must be considered. The visual impact of any future development will be considered when an application is lodged.

(d) The natural environment COMMENT: The environmental characteristics of the land have been discussed above. The application is currently for subdivision only.

(f) Buffer zones, attenuation areas COMMENT: Lot 10 is partially contained within the Buffer/Attenuation Area associated with the Whitemark Airport. Clause 3.19 is discussed above.

(g) Easements


CCOMMENT: While Lots 6-9 are subject to drainage easements, the lots are large enough that future use and development can be easily sited to avoid the easements. The easements relate to the drainage of the existing residential lots along Bluff Road and extend 20m from the west boundary of the lots (excluding the access strips). Lot 10 is also subject to a five metre wide easement intersecting the access drive, relating to drainage of the adjoining lots. Other than accesses, no development is proposed within the easements.

(h) A water supply for firefighting purposes

COMMENT: All lots are recommended to be connected to TasWater’s reticulated water supply, however, the provision of an adequate supply of water for firefighting will be assessed if/when any future application for development is made and can be supplemented by on-site supply.

(i) Any received pollution

COMMENT: The Buffer/Attenuation Area surrounding the airport is considered to be sufficient to protect any future residential development from pollution and noise produced by airport activities.

6. Whether the proposed use or development will be supplied with an adequate level of infrastructure and services, and if there is any necessity to improve deficient access, roads or road junctions, water, sewerage, electricity or transport services and the like, without detriment to existing users.

COMMENT: All proposed lots need to be provided with accesses to the satisfaction of Council. Accesses will be an all weather construction and will be located such that the number of entry points onto Palana Road and Bluff Road are minimized. These works are not considered significant and will not detriment existing users. As Palana Road is a State Road, the application was referred to DIER, who did not provide comment or conditions. An overhead power supply currently runs along both Bluff Road and Palana road, along the north and west boundary of the title and is accessible from all proposed lots. The proposed lots are of sufficient size that waste water treatment can be accommodated onsite.

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

Comment: The impact of the proposal on the existing uses and possible future uses of adjoining land has been discussed and are considered to be minimal.


8. The provision of adequate landscaping, amenity, facilities and

illumination and the treatment of the site generally. Comment: The application is for subdivision, with all lots fronting a Council maintained road. Landscaping, amenity, facilities, illumination and treatment of the site will be assessed when any future application for use and development is made.

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

Comment: Accesses can achieve appropriate sight distances and will be positioned and constructed to the satisfaction of Council. Referrals Engineering Engineering provided the following:

� Access points to all lots are to be of all-weather construction and located to the satisfaction of Council.

Environmental Health Environmental Health provided the following:

� All allotments can accommodate onsite wastewater disposal systems. State Policies State Policy on the Protection of Agricultural Land 2009 (PAL) Whilst the intended use of the land is not related to agriculture, the proposed subdivision is considered to be generally consistent with the State PAL Policy. The small area of subject land that is zoned Rural has been shown to be non-prime agricultural land and has very little agricultural potential. The Rural zoned land will remain on one title and its use will generally remain as existing. Tasmanian State Coastal Policy 1996 The land is located within 1km of the coast and, as such, is subject to the Tasmanian State Coastal Policy 1996. As discussed above, the potential for future development can be accommodated on the lots without detriment to the coastal environment.


Coastal vegetation on the adjoining land to the south and in the south west corner of the subject lot currently provides an effective barrier between the Low Density Residential Land and the coast. State Policy on Water Quality Management 1997 The proposed development is consistent with the objectives of this Policy. As no development or works are currently proposed the subdivision will not result in any impacts which will threaten water quality. STATUTORY REQUIREMENT: The application was advertised for 14 days in accordance with the Act and no representations were received. POLICY/STRATEGIC IMPLICATIONS: The relevant strategic outcome and strategies of the Flinders Council Strategic Plan 2011 are outlined under Land Use, Development and Building. The strategic outcome is identified as: “A productive system of land and building development that promotes investment and activity while protecting people and the environmental characteristics of the Flinders municipal area.” The proposed subdivision meets this strategic outcome. The land is predominately zoned Low Density Residential and the proposed subdivision is considered an appropriate means to promote investment and activity. BUDGET AND FINANCIAL IMPLICATIONS: Not applicable. RISK/LIABILITY: Management of risks is inherent within the conditioning of this development. VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION:

That the application for Subdivision (10 Lots), one lot less than 40 hectares in the Rural Zone, partly within the Buffer/Attenuation Area (Airport Buffer) and in the Special Area: Shorelines, Water Bodies and Watercourses, by Cohen & Associates Pty Ltd, for land located at Palana Road, WHITEMARK (CT:164994/1), be APPROVED generally in accordance with the endorsed plans and subject to the following conditions:

1. The development as shown on the endorsed plans must not be altered or

modified except with the written consent of the Council.


22. Except for the prior written consent of the Council, covenants or similar restrictive controls must not be included on the titles created by this permit if they seek to prohibit any use or development provided for in the Flinders Planning Scheme or place limits on the size or number of dwellings that may be established.

3. Driveway crossovers are to be provided for all lots and are to be an all-

weather construction. The location of the driveway crossovers are to be submitted to Council for endorsement, prior to the commencement of works.

4. The development must be in accordance with the Submission to Planning

Authority Notice issued by TasWater (TWDA 13-187-N) (attached). 5. Payment to Council of $ 3375 as an amount equal to 5% of the land value

for the newly created lot/lots, as a public open space contribution.

6. Prior to the sealing of the final plan of survey the following must be completed to the satisfaction of Council:

a) The construction of the driveway cross-overs to all lots in

accordance with Condition 3. b) Payment to Council of the Public Open Space Contribution in

accordance with Condition 7.

Note:

1. Council will undertake periodic reviews of approved developments to

ensure compliance with Planning Permit conditions. 2. This permit is granted pursuant to the Land Use Planning and Approvals

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

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

will thereafter lapse if the development is not substantially commenced. 4. Where any other approvals under this Act or any other Act are required

for the proposed use or development to which this permit relates, the permit does not take effect until those approvals have been granted.

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

determination or at such time as any appeal to the Resource Management and Planning Appeal Tribunal is abandoned or determined. If an applicant is the only person with a right of appeal pursuant to section 61 of the Land Use Planning and Approvals Act 1993 and wishes to commence the use or development for which the permit has been


granted within that 14 day period, the Council must be so notified in writing. A copy of Council’s Notice to Waive Right of Appeal is attached.

DDECISION 652.10.2013 Moved: Deputy Mayor D Williams SSeconded: Cr M Cobham That Council discuss this item, under Section 22 (9) of the Local Government (Meeting Procedures) Regulations 2005.


For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. 653.10.2013 Moved: Cr G Willis Seconded: Cr M Roberts That the application for Subdivision (10 Lots), one lot less than 40 hectares in the Rural Zone, partly within the Buffer/Attenuation Area (Airport Buffer) and in the Special Area: Shorelines, Water Bodies and Watercourses, by Cohen & Associates Pty Ltd, for land located at Palana Road, WHITEMARK (CT:164994/1), be APPROVED generally in accordance with the endorsed plans and subject to the following conditions:

1. The development as shown on the endorsed plans must not be altered or

modified except with the written consent of the Council.

2. Except for the prior written consent of the Council, covenants or similar restrictive controls must not be included on the titles created by this permit if they seek to prohibit any use or development provided for in the Flinders Planning Scheme or place limits on the size or number of dwellings that may be established.

3. Driveway crossovers are to be provided for all lots and are to be an all-

weather construction. The location of the driveway crossovers are to be submitted to Council for endorsement, prior to the commencement of works.

4. The development must be in accordance with the Submission to Planning

Authority Notice issued by TasWater (TWDA 13-187-N) (attached). 5. Payment to Council of $ 3375 as an amount equal to 5% of the land value

for the newly created lot/lots, as a public open space contribution.

6. Prior to the sealing of the final plan of survey the following must be completed to the satisfaction of Council:

a) The construction of the driveway cross-overs to all lots in

accordance with Condition 3. b) Payment to Council of the Public Open Space Contribution in

accordance with Condition 5.


Note:

1. Council will undertake periodic reviews of approved developments to

ensure compliance with Planning Permit conditions. 6. This permit is granted pursuant to the Land Use Planning and Approvals

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

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

will thereafter lapse if the development is not substantially commenced. 8. Where any other approvals under this Act or any other Act are required

for the proposed use or development to which this permit relates, the permit does not take effect until those approvals have been granted.

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

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

CARRIED (5-1)

For: Deputy Mayor David Williams, Cr Marc Cobham, Cr Mary-Anne Roberts,

Cr Gerald Willis and Cr Ronald Wise. Against: Mayor Carol Cox The Council concluded its meeting as a Planning Authority under Section 25 of the Local Government (Meeting Procedures) Regulations 2005 at 1.27pm Jacci Viney, Development Services Coordinator left the meeting at 1.27pm.


BB. FINANCE & CORPORATE SERVICES Item B1: Quarterly Finance Report for July-September 2013

ACTION Information PROPONENT Acting Corporate Services Manager OFFICER Sophie Pitchford FILE REFERENCE FIN/0100, ADM/0600 ASSOCIATED PAPERS Annexure 8: Quarterly Financial Report for July –

September 2013 INTRODUCTION: Presented to Council is the new Quarterly Financial Report for the period commencing 1st July 2013 and ending 30th September 2013.

PREVIOUS COUNCIL CONSIDERATION: Council considers the Quarterly Financial Report on a quarterly basis. Previously, a Finance and Administration Report was presented to Council on a monthly basis. OFFICER’S REPORT: Please read Annexure 8 – Quarterly Report from the Acting Corporate Services Manager (July – September 2013). STATUTORY REQUIREMENT: Local Government Act 1993

POLICY/STRATEGIC IMPLICATIONS: 5.0 Corporate, Governance and Intergovernmental Relations BUDGET AND FINANCIAL IMPLICATIONS: Annual Plan – all areas RISK/LIABILITY: No foreseen risks or legal obligations identified as a result of this financial report. VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That the Quarterly Financial Report for the period commencing 1st July 2013 and ending 30th September 2013 be received and accepted.

DECISION 654.10.2013 Moved: Cr G Willis SSeconded: Cr M Cobham That the Quarterly Financial Report for the period commencing 1st July 2013 and ending 30th September 2013 be received and accepted.



CC. GOVERNANCE Item C1: CCouncil’s 1st Quarterly Report

ACTION Information PROPONENT Council Officer OFFICER Raoul Harper, General Manager FILE REFERENCE COU/0600 ASSOCIATED PAPERS Annexure 9: Quarterly Report from Council (July –

September 2013) INTRODUCTION: The purpose of this report is to provide Councillors with an update of the various actions taken by the whole of Council for the first quarter of the financial year. PREVIOUS COUNCIL CONSIDERATION: Previously provided as departmental monthly reports then departmental quarterly reports. OFFICER’S REPORT: Please read Annexure 9 – Quarterly Report from Council (July – September 2013). VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That the Council’s Quarterly Report for July to September 2013 be received and accepted by Council. DECISION 655.10.2013 Moved: Cr G Willis SSeconded: Cr M Cobham That the Council’s Quarterly Report for July to September 2013 be received and accepted by Council.

CARRIED UNANIMOUSLY (6-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Mary-

Anne Roberts, Cr Gerald Willis and Cr Ronald Wise.


IItem C2: Cat Management Strategy

ACTION Decision PROPONENT Council Officer OFFICER Raoul Harper, General Manager FILE REFERENCE ANI/0104 ASSOCIATED PAPERS Annexure 10: Cat Management Strategy

INTRODUCTION: Tasmania now has Cat Management Legislation (Cat Management Act 2009) to encourage responsible pet ownership and attempt to address the feral cat problem in the State. A draft Cat Management Strategy has been prepared to support responsible domestic cat ownership and efforts to minimise the feral cat population on our islands. PREVIOUS COUNCIL CONSIDERATION: 404.01.2013 17th January 2013 Public Meeting 18th February 2013 615.08.2013 15th August 2013 OFFICER’S REPORT: At the 15th August Council Meeting the Cat Management Strategy was received and lay on the table for 28 days for public comment. No public submissions were received. The strategy can now be considered for adoption. STATUTORY REQUIREMENT: Nil POLICY/STRATEGIC IMPLICATIONS: 1.0 Environment and Natural Asset Management.

1.1 Promote environmentally sustainable practice. BUDGET AND FINANCIAL IMPLICATIONS: Minimal in its current format. RISK/LIABILITY: Minimal VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That Council adopts the Cat Management Strategy.


DDECISION 656.10.2013 Moved: Deputy Mayor D Williams SSeconded: Cr M Cobham That Council adopts the Cat Management Strategy.




IItem C3: Annual General Meeting - Procedures

ACTION Decision PROPONENT Council Officer OFFICER Raoul Harper, General Manager FILE REFERENCE COU/0201 ASSOCIATED PAPERS Annexure 11: Flinders Council AGM Procedures

INTRODUCTION: The purpose of this report is to consider the format for the forthcoming 2013 Annual General Meeting. PREVIOUS COUNCIL CONSIDERATION: Council has not previously considered the motion at hand. OFFICER’S REPORT: Council is required to hold an Annual General Meeting (AGM) prior to 15th December each year in accordance with the provisions of the Local Government Act 1993. It has not been Council’s practice to consider an officer’s report with the view to assessing any procedural and arrangement changes that may be necessary for the forthcoming Annual General Meeting. For this purpose an information sheet of the procedures that could apply to the conduct of the 2013 Annual General Meeting has been developed. The information sheet and proposed procedural arrangements are attached as background information (Annexure 11). The Local Government Act 1993 does not provide clear directives on how Council should arrange and run its Annual General Meeting. Discussions with the Local Government Office of the Department of Premier and Cabinet have highlighted that Council can follow any common sense based approach it sees fit in relation to the matter. The procedural arrangements suggested could therefore be changed or amended to suit the general needs of each individual Council. That said, the procedures suggested in this report are a well-recognised approach to the governance arrangements required for the meeting and can be used as is for the purposes of this meeting if agreeable by the elected member group. The process relating to the Annual General Meeting is put forward to stimulate discussion around what Council’s expectations are for the manner in which the meeting will function and what governance arrangements are required. While a recommendation is provided, the decision is ultimately one for Council. STATUATORY REQUIREMENT: Local Government Act 1993 POLICY/STRATEGIC IMPLICATIONS: 5.0 Corporate, Governance and Intergovernmental Relations

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


BBUDGET AND FINANCIAL IMPLICATIONS: Costs for conducting Council’s Annual General Meeting are included in the budget, however, it is anticipated that the proposed arrangements will have little impact on the costs involved. RISK/LIABILITY: Council is required under the Local Government Act 1993 to hold an Annual General Meeting on a date no later than 15th December each year. VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: 1. That Council endorses the 2013 Annual General Meeting to occur at 5.00pm

on Friday, 6th December 2013 at the Flinders Arts and Entertainment Centre. 2. That the Meeting Procedures as provided in the report from the General

Manager (Annexure 11) be endorsed for use. DECISION 657.10.2013 Moved: Cr G Willis SSeconded: Cr M Roberts That Council endorses the 2013 Annual General Meeting to occur at 5.00pm on Friday, 6th December 2013 at the Flinders Arts and Entertainment Centre.


Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. 658.10.2013 Moved: Cr G Willis SSeconded: Cr M Roberts That this meeting endorses the Meeting Procedures as attached with the following changes:-

- That dotpoints at the beginning of paragraphs be replaced with

sequential numbers and that numbers in the 11th dotpoint be replaced

with alpha characters.

- That in the 8th dotpoint the paragraph be replaced with the following.

“Persons wishing to address the meeting must stand, as a matter of

courtesy, and identify themselves to the Chair before speaking”.

- That in the 11th dotpoint the words “If you intend to move a motion or

ask a question the following procedures apply:” be replaced with “Any

attendee who is a Flinders elector and has registered at the Minute

Taker’s desk may move a motion or ask a question. The following

procedures apply:”

- That the words in paragraph 5 of dotpoint 11 be replaced in their

entirety by “A resolution is passed if a majority of electors who vote do so

in its favour”.


- That in the 11th dotpoint the words “whereby sufficient time is available

to include the item in the Agenda” be replaced with the words “in

accordance with Section 72B(6) of the Local Government Act 1993”.

The Chair was passed to Deputy Mayor David Williams at 2.13pm. AAMENDMENT Moved: Mayor C Cox SSeconded: Cr M Cobham That the last two dotpoints are removed from the substantive motion.

LOST (2-4) For: Cr Marc Cobham and Cr Mary-Anne Roberts Against: Mayor C Cox, Deputy Mayor David Williams, Cr G Willis and Cr R Wise. The Chair was passed to Mayor Carol Cox at 2.17pm. AMENDMENT 659.10.2013 Moved: Cr M Cobham SSeconded: Cr M Roberts That the last dotpoint is removed from the substantive motion.

CARRIED (5-1) For: Mayor C Cox, Deputy Mayor David Williams, Cr Marc Cobham and Cr

Mary-Anne Roberts and Cr G Willis. Against: Cr R Wise SUBSTANTIVE MOTION That this meeting endorses the Meeting Procedures as attached with the following changes:-

- That dotpoints at the beginning of paragraphs be replaced with

sequential numbers and that numbers in the 11th dotpoint be replaced

with alpha characters.

- That in the 8th dotpoint the paragraph be replaced with the following.

“Persons wishing to address the meeting must stand, as a matter of

courtesy, and identify themselves to the Chair before speaking”.

- That in the 11th dotpoint the words “If you intend to move a motion or

ask a question the following procedures apply:” be replaced with “Any

attendee who is a Flinders elector and has registered at the Minute

Taker’s desk may move a motion or ask a question. The following

procedures apply:”

- That the words in paragraph 5 of dotpoint 11 be replaced in their

entirety by “A resolution is passed if a majority of electors who vote do so

in its favour”.




The Chair called a break in the meeting at 2.20pm and resumed the meeting at 2.31pm.


IItem C4: Northern Integrated Transport Plan

ACTION Decision PROPONENT Council Officer OFFICER Raoul Harper, General Manager FILE REFERENCE COM/0500 ASSOCIATED PAPERS Annexure 12: Northern Integrated Transport Plan

INTRODUCTION: Northern Tasmania Development (NTD) has forwarded the final draft of the Northern Integrated Transport Plan for Council’s endorsement. PREVIOUS COUNCIL CONSIDERATION: Nil OFFICER’S REPORT: For the past two years NTD has been updating the 2003 Northern Integrated Transport Plan to reflect changes to the regional industry structures and the implementation of a range of new Tasmanian Government and Council initiatives. The final draft of the Northern Integrated Transport Plan (NITP) is now complete and presented for endorsement. The current NITP has been developed as a joint-initiative between the Tasmanian Government, NTD and Member Councils. A Steering Committee was formed in March 2012 of which this Officer was a member. A process of research and consultation involving all Northern Councils and key stakeholder groups was undertaken. Consultation has included:

� Circulation of a Background Report in mid-2012: This report contained information and analysis on the transport system in the region, and the challenges and opportunities. Input was received from all Councils through the Working Group.

� Strategies Workshop September 2012 – Councils and key stakeholders worked together to develop priority strategies.

� Actions Workshop December 2012 – Councils worked together to develop

priority actions for the region.

� Circulation of draft Plan to Steering Committee and Working Group for comment – May 2013.

� Public Consultation Period between June and August 2013 – Stakeholders

were formally invited to comment, including all Northern Councils. Comments received were reviewed by the Steering Committee and incorporated into the final Plan where possible.


The NITP provides a coordinated and strategic framework to recognise and address transport issues within the Northern Region over the next twenty years. The focus is on the progression of the highest priority strategies and actions that will benefit the Region. Once the NITP has been endorsed, the next step is for NTD and its Member Councils to develop an agreed set of priority initiatives to feed into the NITP. NTD is currently reviewing previous transport prioritisation processes and will shortly contact Councils to gather information about their transport strategies and projects. Councillors should note the inclusion of ongoing support for air and sea freight and its associated infrastructure to and from the Furneaux Islands as the key area of relevance. This inclusion will greatly assist when seeking funding for airport and port upgrades from both the State and Federal Governments in the future. SSTATUTORY REQUIREMENT: Nil POLICY/STRATEGIC IMPLICATIONS: 5.0 Corporate Governance and Intergovernmental Relations

5.2 Develop and maintain an influential network of external stakeholders who understand the needs and direction of Flinders Council and are supportive 5.2.1 Identify key external stakeholders and decision makers and actively

introduce Flinders opportunities, issues and proposals to them in a timely and professional manner

BUDGET AND FINANCIAL IMPLICATIONS: Nil RISK/LIABILITY: Nil VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That Council endorses the final draft of the Northern Integrated Transport Plan. DECISION 670.10.2013 Moved: Deputy Mayor D Williams SSeconded: Cr M Cobham That Council endorses the final draft of the Northern Integrated Transport Plan.




IItem C5: Optional Conduct of Annual General Meeting

ACTION Decision PROPONENT Council Officer OFFICER Raoul Harper, General Manager FILE REFERENCE COU/0201 ASSOCIATED PAPERS Nil

INTRODUCTION: The Local Government Association of Tasmania (LGAT) is seeking Council’s view on whether the proposition of compulsory AGMs should be amended to provide that the convening of an AGM should be optional as determined by a resolution of council. PREVIOUS COUNCIL CONSIDERATION: Nil OFFICER’S REPORT: During a previous LGAT General Meeting, the query was raised by Launceston City Council of the Director of Local Government as to the ongoing need for the conduct of Council Annual General Meetings. The Director indicated that if a proposal was brought forward from Local Government then consideration could be given to the possibility. It was agreed that councils should be canvassed to obtain their inputs on the proposition prior to making any determination or commitment. Section 72B of the Local Government Act 1993 details the requirements for the conduct of an Annual General Meeting. The compulsory nature of the meeting stems from a proposition of community accountability however the majority of councils have highlighted that these occasions generally attract less than a handful of participants with little input or engagement in proceedings and this Council is no exception. Attendance to AGM’s has been very low for many years and from an Officer’s perspective it is a resource intensive and time-consuming process that the majority of the community does not engage with or show any interest in attending. While motions can be put by the public and passed with a very small attendance, it is unreasonable to assume that motions passed by a miniscule representation of the council’s community represent a true reflection of the broader community’s desires, expectations or priorities. The passing of such motions imposes considerable work on council resources with little by way of outcome and an application of such resources to allow the motion to be considered at the next meeting of the council. Flinders Council inform and consult our community on major initiatives via the Island News, website, public meeting, surveys and direct mail outs. Meetings of councils allow for public question time and there are opportunities for community input into key strategic documents such as strategic plans and planning schemes. This council also encourages community comment and suggestion on all areas of activity. It is considered that there is sufficient mandatory consultation already in


existence and ample opportunity for the community to engage with council across an array of media.

The use of Annual General Meetings as a platform for accountability harks back to the days before the Local Government Act 1993 came into effect where Council did not consult on a regular basis, was not as open to public scrutiny and was not required to report on its activities in anywhere near the detail that is currently evident. In brief, the AGM approach of compulsory engagement is out-dated, resource and time intensive and quite simply does not add any higher level of accountability to the broad community we serve than existing mechanism of engagement such as Council Meetings or our regular communication platforms. Having workshopped the matter with elected members, the general conversation pervaded around the table was that the AGM approach should most likely not be tampered with. I reiterate that much staff effort and time is required to deliver and report on an AGM and with Council’s ongoing expenditure and revenue challenges, such time and effort would be far better directed towards areas of genuine need and broad community interest than the average two to four people who attend the AGM. There is no suggestion that Council would not deliver an Annual Report on its activities nor is there any suggestion this could not be openly questioned or debated as part of an Ordinary Council Meeting process. The concept that Councils can opt in or out of the AGM approach could thus be supported to allow future Councils to decide the value (or not) of such an approach even if the existing Council does not support the abolition of the AGM process. The proposition that compulsory AGMs should be amended to provide that the convening of an AGM be optional as determined by a resolution of council is supported. SSTATUTORY REQUIREMENT: Local Government Act 1993 POLICY/STRATEGIC IMPLICATIONS: 5.0 Corporate Governance and Intergovernmental Relations.

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

BUDGET AND FINANCIAL IMPLICATIONS: The proposition at hand has no financial or budget implications for Council. If supported and the legislation was subsequently amended, Council would then have the option of not expending funds and staff time on the AGM process and redirecting this to areas of broad community need. RISK/LIABILITY: Low. A decision to support a change to the Act allowing for optional Annual General Meetings would not of its self expose Council to any risk.


VVOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: Council resolves to support the proposition of compulsory Annual General Meetings being amended to provide that the convening of an Annual General Meeting be optional as determined by a resolution of council. DECISION Moved: Cr R Wise SSeconded: Deputy Mayor D Williams Council resolves to support the proposition of compulsory Annual General Meetings being amended to provide that the convening of an Annual General Meeting be optional as determined by a resolution of council.

LOST (3-3) For: Mayor Carol Cox, Deputy Mayor David Williams and Cr Ronald Wise. Against: Cr Marc Cobham, Cr Mary-Anne Roberts and Cr Gerald Willis. 671.10.2013 Moved: Cr G Willis SSeconded: Cr M Roberts That this Council advise the Local Government Association of Tasmania (LGAT) that it prefers to remain with compulsory Annual General Meetings.

CARRIED (4-2)

For: Cr Marc Cobham, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise.

Against: Mayor Carol Cox and Deputy Mayor David Williams.


IItem C6: Flinders Island Tourism Association Funding Request

ACTION Decision PROPONENT Council Officer OFFICER Raoul Harper, General Manager FILE REFERENCE CSV/1704 ASSOCIATED PAPERS Nil

INTRODUCTION: This year the Flinders Island Tourism Association (FITA) with its strategic partners Sharp Airlines and Tourism Tasmania undertook a major advertising campaign into regional Victoria with the aim of building visitor numbers during the shoulder periods from April to June. Building on the success of this program, the partnership group has planned a spring and autumn co-operative advertising campaign based on a “collaborative approach” to marketing Flinders Island. Council has been invited to financially support the spring and autumn campaigns with a direct contribution of $5,000 for each campaign. PREVIOUS COUNCIL CONSIDERATION: Council has previously supported tourism marketing campaigns: 387.09.08 19th September 2008 83.03.10 25th March 2010 250.09.2011 15th September 2011 426.11.2011 24th November 2011 OFFICER’S REPORT: Council has a strong and ongoing history of supporting tourism marketing campaigns aimed at increasing market awareness and tourism visitation. The ongoing support of such programs and activities are referenced in the 2014 Council Annual Plan Strategic Focus 6.0 Furneaux Future whereby actions exist to work collaboratively with the Northern Regional Tourism Organisation to drive brand recognition, visitation and tourism development and build collaborative partnerships with Sharp Airlines to increase visitation and develop specific holiday packages to drive returns for both Council and the Airline. Over the past few years FITA and Council have developed a strong and supportive relationship with Tourism Tasmania that has usually seen funding allocated annually to tourism promotion, marketing, product development and/or strategic research. This relationship has seen projects such as the Nature Based Tourism Study successfully completed which is now the basis for the ongoing development of tourism product and marketing for the islands along with a raft of other projects and initiatives. Building on the success of previous efforts between tourism stakeholders, Tourism Tasmania's commitment to Flinders Island this year is to support the co-operative spring and autumn campaigns proposed by the partnership group of FITA, Sharp Airlines and Tourism Northern Tasmania (TNT) while also assisting in ongoing research and annual exit surveys.


Tourism Tasmania is also supporting the work of TNT in their efforts to deliver a destination strategy for the region. This strategy aims to guide the region’s tourism development into the future. The core to the strategy is the recognition of Flinders Island as a stand-alone visitor destination requiring support from regional tourism to ensure the fulfillment of the Flinders Nature Based Tourism Strategy. TNT in the immediate future, driven by the key initiatives of the destination strategy, intend to partner with Flinders Council and FITA on the following projects:

1. Coordinating cooperative aviation based promotions with the Council, FITA, Sharp Airlines and Tourism Tasmania.

2. Providing access to industry skills training programs. 3. Supporting applications for funding the feasibility study of the Flinders Island

Trail; and 4. Providing access to day to day support offered by TNT as the regional tourism

organisation. With the above provided as background to the current state of play in the sector, the partnership group seeks to build on the success of this year’s autumn promotional campaign by committing the following towards further marketing efforts;

- Tourism Tasmania- $10,000 - Sharp Airlines- $5,000 & $5,000 in-kind - FITA- $5,000

The campaign activities proposed are based around a combination of tactics including a 30 second television commercial (TVC) with placements in regional Victoria with a trial run in Tasmania; social media; electronic direct mail (EDM); direct mail (DM); online; public relations and referral. The value of tourism directly or indirectly is worth approximately six million dollars to the island’s economy. Council’s involvement has the direct benefit of increasing revenue via the airport, and indirectly attracting investment, thus creating business and employment opportunities. Council has been invited to financially support the spring and autumn campaigns with a direct contribution of $5,000 for each campaign. The request aligns with the Strategic and Annual Plans of Council and the initiative builds upon previous marketing campaigns undertaken by the partnership group. An allocation to support to the level requested has not been provided within the existing budget but as increased visitation has such demonstrable benefits to the financial sustainability of the airport and the economy of the island itself, the request is supported. SSTATUTORY REQUIREMENT: Nil


PPOLICY/STRATEGIC IMPLICATIONS: 6.0 Furneaux Future

6.1 Implement a dynamic strategic plan and development framework to define our future and guide strategic decisions. 6.1.2 Tourism

6.1.2.2 Establish and build a collaborative relationship with key personnel at Sharp Airlines to increase visitation, holiday packages, review passenger tax to drive returns to both Council and Sharp Airlines.

BUDGET AND FINANCIAL IMPLICATIONS: A total amount of $10,000 has been requested. The impacts on the overall budget are relatively minimal and as stated in the associated report, the activity meets agreed actions within the Annual Plan, which under normal circumstances would have a funding allocation associated. At the time of setting the budget for 2013/2014 the level of funding desired was unknown and as such an allocation was not made to the activity. A budget variation will be required if supported. RISK/LIABILITY: Moderate. Not supporting the proposal may risk future funding support from Tourism Tasmania, Sharp Airlines and FITA. Working in partnership on marketing for the island with the partnership group brings expertise and a detailed knowledge of the market and the appropriate tactics and methods to focus on the target market for the lowest cost. VOTING REQUIREMENTS: Absolute Majority OFFICER’S RECOMMENDATION: Council authorise a budget variation to support the spring and autumn cooperative advertising campaigns planned by the partnership group of Flinders Island Tourism Association, Tourism Tasmania, Tourism Northern Tasmania and Sharp Airlines with a direct contribution of $5,000 for each campaign. DECISION 672.10.2013 Moved: Cr M Roberts SSeconded: Deputy Mayor D Williams Council authorise a budget variation to support the spring and autumn cooperative advertising campaigns planned by the partnership group of Flinders Island Tourism Association, Tourism Tasmania, Tourism Northern Tasmania and Sharp Airlines with a direct contribution of $5,000 for each campaign. AMENDMENT 673.10.2013 Moved: Cr G Willis SSeconded: Cr M Cobham Council authorise a budget variation to support the spring and autumn cooperative advertising campaigns planned by the partnership group of Flinders Island Tourism Association, Tourism Tasmania, Tourism Northern Tasmania and Sharp Airlines with a direct contribution of $5,000 for each campaign and that Council staff provide a report on the effectiveness of the campaign at its completion.


CCARRIED UNANIMOUSLY (6-0) For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Mary-

Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. SUBSTANTIVE MOTION Council authorise a budget variation to support the spring and autumn cooperative advertising campaigns planned by the partnership group of Flinders Island Tourism Association, Tourism Tasmania, Tourism Northern Tasmania and Sharp Airlines with a direct contribution of $5,000 for each campaign and that Council staff provide a report on the effectiveness of the campaign at its completion.




IItem C7: CCouncillor Resolution Report

ACTION Information PROPONENT Council Officer OFFICER Raoul Harper, General Manager FILE REFERENCE COU/0600 ASSOCIATED PAPERS Annexure 13: Councillor Resolution Report

October 2013 INTRODUCTION: This report identifies the actions taken and actual costs associated with implementing resolutions passed by elected members up to October 2013. PREVIOUS COUNCIL CONSIDERATION: The report is presented on a monthly basis. OFFICER’S REPORT: Please read Annexure 13 – Councillor Resolution Report October 2013. VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That the Councillor Resolution Report October 2013 be noted. DECISION 674.10.2013 Moved: Deputy Mayor D Williams SSeconded: Cr G Willis That the Councillor Resolution Report October 2013 be noted.




DD. NOTICE OF MOTIONS Item D1 : Notice of Motion from Deputy Mayor David Williams – Resignation

of Special Committee Representative

ACTION Decision PROPONENT Deputy Mayor David Williams OFFICER Raoul Harper, General Manager FILE REFERENCE FIN/1300 ASSOCIATED PAPERS Nil

NOTICE OF MOTION: That council accepts the resignation of Ms Sue Cimino from the Audit & Finance Special Committee and puts in place the procedures to find a replacement. COUNCILLOR’S REPORT: The Audit & Finance Committee has received a letter of resignation from Sue Cimino who has left the island and, given the State requirements for Audit & Finance Committees, Council needs to find a replacement in due course. PREVIOUS COUNCIL CONSIDERATION: Nil OFFICER’S REPORTS: The motion is supported. STATUTORY REQUIREMENTS: Local Government Act 1993 POLICY/STRATEGIC IMPLICATIONS: 5. Corporate Governance and Intergovernmental Relations


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

BUDGET AND FINANCIAL IMPLICATIONS: Nil RISK/LIABILITY: Nil VOTING REQUIREMENTS: Simple Majority


OFFICER’S RECOMMENDATION: That Council accepts the resignation of Ms Sue Cimino from the Audit and Finance Committee and directs the General Manager to call for suitably qualified people to nominate for the vacant position on the Committee. DECISION 675.10.2013 Moved: Deputy Mayor D Williams SSeconded: Cr M Cobham That Council accepts the resignation of Ms Sue Cimino from the Audit and Finance Committee and directs the General Manager to call for suitably qualified people to nominate for the vacant position on the Committee.


Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. The Chair was passed to Deputy Mayor David Williams at 3.06pm.


IItem D2: Notice of Motion from Mayor Carol Cox - Recommendations from Aviation Special Committee

ACTION Decisions PROPONENT Mayor Carol Cox, Chair Aviation Special

Committee OFFICER Raoul Harper, General Manager FILE REFERENCE COM/0104 ASSOCIATED PAPERS Nil

NOTICE OF MOTION: That Council approves the following as recommended by the Furneaux Group Aviation Special Committee at the meeting held on the 8th October 2013.

1. That Council ratifies the Terms of Reference for the Furneaux Group Aviation Special Committee of Flinders Council.

2. That the Council undertakes the process for selection of the Community Representative to the Furneaux Group Aviation Special Committee of Flinders Council as per the Special Committees of Council Policy.

3. That Council assists the community to spend funds raised by it for a passenger lifter to be based with Sharp Airlines at Essendon Airport through facilitating the purchase of and ownership/management arrangements for the lifter with Sharp Airlines.

COUNCILLOR’S REPORT: This report is in three parts each referring to a recommendation above. 1. At the Meeting of the Aviation Special Committee of Flinders Council on the 8th October 2013 the Terms of Reference as printed below were considered and the following motion was passed unanimously:

“Moved: Cr R Wise Seconded: Cr P Rhodes That the Draft Terms of Reference, with the timeframe for review changed to 4 years, be put forward to Council for endorsement. CARRIED UNANIMOUSLY”

The unconfirmed minutes of the meeting have been approved by one other attendee at the meeting and were received earlier in this meeting. The motion is thus put forward in line with the Special Committees of Council Policy. …………………………………………………….. TERMS OF REFERENCE FURNEAUX GROUP AVIATION SPECIAL COMMITTEE of Flinders Council INTRODUCTION The Flinders Furneaux Group Aviation Special Committee has been established under Section 24 of the Local Government Act 1993 and was ratified by a full meeting of Flinders Council on 22 December 2011.


This Committee is an ongoing committee having been first established pre the year 2000. These Terms of Reference were approved by Flinders Council on dd mm yyy and supersede all previous Terms of Reference. PURPOSE The purpose of the Aviation Special Committee is to provide advice to Flinders Council on aviation matters with the involvement of members (see below) that represent the municipality. The Aviation Special Committee is also to provide advice on matters relating to the airport and associated infrastructure where these matters apply to and affect aviation matters. AUTHORITY The Aviation Special Committee has no authority to make announcements to the public. The Aviation Special Committee does not have authority to bind Flinders Council. MEMBERSHIP Membership of the Aviation Special Committee shall be:- - Mayor as Chair (non-voting)

- Councillors (2) - General Manager Flinders Council (1) - Airport Operations (1) - MPC (1) - FITA (1) - RPT Operations (1) - DIER (1) - Charter Aircraft (1) - Community (1) - Cape Barren Island (1)

All individuals representing the various sectors shall be appointed by Flinders Council from nominations received from that sector. Flinders Council may select a representative of any other sector who it determines may make a contribution to the Aviation Special Committee. ATTENDANCE AT MEETINGS Attendance at meetings shall not be compulsory. However, Flinders Council may regard continued absences from meetings as an indication that an individual is unable to continue with membership and remove the individual from the Aviation Special Committee. There shall be no appeal against removal. Council has the right to replace the removed individual with another representative of the same sector. REPORTING The chair shall provide unconfirmed minutes and if necessary a report to Flinders Council for review at the first Ordinary Meeting of Council following a meeting of the Aviation Special Committee, provided such meeting of the Aviation Special


Committee is held at least 3 days before the closure date for agenda for Flinders Council. REVIEW OF TERMS OF REFERENCE These Terms of Reference shall be reviewed each four years by Flinders Council and can only be amended by ordinary resolution. RULES

(1) The special committee meetings shall be called at least every 6 months. Meeting dates are to be set by the chair and there shall be no minimum period following the immediate preceding meeting before a meeting may be called.

(2) The chairperson is the Mayor. (3) Proxies shall not be accepted. (4) Delegates may be substituted with approval of the chair. (5) A quorum shall be 6 (six). (6) If a quorum is not present within 15 minutes of the meeting start time,

the meeting shall be postponed to a suitable date. (7) The chair shall ensure minutes are kept for all meetings and shall provide

a copy to all members and the Flinders Council. (8) The minutes to be confirmed at the next meeting following that to which

the minutes relate. (9) Submissions from the public shall be sought before each meeting by an

advertisement placed in Island News. (10) Members shall be advised of meeting time and date at least 5 days prior

to meeting, except in unusual circumstances. (11) Voting shall not be compulsory and abstentions shall not be deemed to

be a “no” vote. (12) A vote is passed if an ordinary majority vote is in the affirmative. (13) Resolutions passed at meetings are not binding on Flinders Council and

are for indicative and advisory purposes only. (14) These Meeting Rules shall be reviewed each four years and can only be

amended by ordinary resolution of Flinders Council. …………………………………………………… 2. The position of Community representative has been vacant on the Aviation Special Committee for some time and the committee has recommended that the process to fill the position now be undertaken and passed the following motion at the meeting on the 8th October.

“Moved: G Dempster Seconded: N Bowland That a recommendation be put forward to Council to commence the process of filling the Community Representative vacancy. CARRIED UNANIMOUSLY”

3. At the Meeting of the Furneaux Group Aviation Special Committee of Flinders Council on the 8th October 2013, the Chair advised that the Flinders Lions Club has allocated $5,000 towards the purchase of a lifter for loading passengers with mobility concerns onto aircraft operated by Sharp Airlines at Essendon Airport.


The Hospital Auxiliary has also allocated $5,000 towards the purchase and there is community talk that more funds will be forthcoming from community efforts. A letter of confirmation has been received by the Mayor from the Lions Club and a similar letter has been promised by the Hospital Auxiliary. Noel Bowland, the RPT representative on the Committee advised at the meeting that it is likely that Sharp Airlines would manage the lifter at Essendon as they do the one in Launceston. Information from the Furneaux Group Health Special Committee is that a lifter now costs in the vicinity of $20,000. The committee moved the following recommendation.

“Moved: G Rorison Seconded: Sue Ryden That a recommendation be put forward to Council that Council facilitate the purchase of the passenger lift on the Community’s behalf. CARRIED UNANIMOUSLY”

I commend the recommendation as a way that Council can assist the tremendous fund raising effort of the community. PPREVIOUS COUNCIL CONSIDERATION: Nil OFFICER’S REPORT: The motion is supported albeit with a change to the third point. The suggested revision is captured in the associated officer’s recommendation and simply suggests a change to the process put forward by the Mayor in relation to the passenger lifter. STATUTORY REQUIREMENTS: Local Government Act 1993 POLICY/STRATEGIC IMPLICATIONS: 5.0 Corporate Governance and Intergovernmental Relations

5.1 Support the capacity and productivity of our organisation and a culture of professionalism, compliance, innovation and service. 5.1.4.2 Provide secretarial and administrative support to Council and its

Special Committees including coordinating the preparation and distribution of agendas and minutes and acting as minute secretary.

BUDGET AND FINANCIAL IMPLICATIONS: Until the fundraising efforts of the community are finalised the full cost to Council of facilitating the purchase of the passenger lift is unknown. It is recommended that a separate agenda item will be required if a budget variation is needed to fund the purchase. RISK/LIABILITY: Low


VVOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: The Council approves the following as recommended by the Furneaux Group Aviation Special Committee at the meeting held on the 8th October 2013.

1) That Council ratifies the Terms of Reference for the Furneaux Group Aviation Special Committee of Flinders Council.

2) That the Council undertakes the process for selection of the Community Representative to the Furneaux Group Aviation Special Committee of Flinders Council as per the Special Committees of Council Policy.

3) That Council acknowledge the work of community groups and individuals who have to date raised funds towards the purchase of a passenger lifter to be based with Sharp Airlines at Essendon Airport and commits to exploring an in principle ownership and management agreement for the passenger lifter with Sharp Airlines in the coming weeks. Once an in principle agreement has been reached between the parties, a report is to be provided to Council on the agreement and what further funds would be required to finalise the purchase and delivery to the site.

DECISION 676.10.2013 Moved: Mayor C Cox SSeconded: Cr R Wise The Council approves the following as recommended by the Furneaux Group Aviation Special Committee at the meeting held on the 8th October 2013.

1) That Council ratifies the Terms of Reference for the Furneaux Group Aviation Special Committee of Flinders Council.

2) That the Council undertakes the process for selection of the Community

Representative to the Furneaux Group Aviation Special Committee of Flinders Council as per the Special Committees of Council Policy.


For: Mayor Carol Cox, Deputy Mayor David Williams, Cr Marc Cobham, Cr Mary-


677.10.2013 Moved: Mayor C Cox SSeconded: Cr M Cobham 3) That Council acknowledge the work of community groups and individuals

who have to date raised funds towards the purchase of a passenger lifter to be based with Sharp Airlines at Essendon Airport and commits to exploring an in principle ownership and management agreement for the passenger lifter with Sharp Airlines in the coming weeks. Once an in principle agreement has been reached between the parties, a report is to


be provided to Council on the agreement and what further funds would be required to finalise the purchase and delivery to the site.

CCARRIED UNANIMOUSLY (6-0)


The Chair was passed to Mayor Carol Cox at 3.10pm.


IItem D3: Notice of Motion from Deputy Mayor David Williams – Resignation of Special Committee Representative

ACTION Decision PROPONENT Deputy Mayor David Williams OFFICER Raoul Harper, General Manager FILE REFERENCE AME/0503 ASSOCIATED PAPERS Nil

NOTICE OF MOTION: That council accepts the resignation of Mrs Colleen Patterson from the Lady Barron Hall & Recreational Special Committee and puts in place the procedures to find a replacement. COUNCILLOR’S REPORT: At the 12th October meeting of the Lady Barron Hall & Recreational Special Committee, Colleen Patterson put forward her resignation as a Committee Member which was reluctantly accepted. Council needs to find a replacement in due course. PREVIOUS COUNCIL CONSIDERATION: Nil OFFICER’S REPORTS: The motion is supported. STATUTORY REQUIREMENTS: Local Government Act 1993 POLICY/STRATEGIC IMPLICATIONS: 5. Corporate Governance and Intergovernmental Relations


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

BUDGET AND FINANCIAL IMPLICATIONS: Nil RISK/LIABILITY: Nil VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That council accepts the resignation of Mrs Colleen Patterson from the Lady Barron Hall & Recreational Special Committee and directs the General Manager to call for suitably qualified people to nominate for the vacant position on the Committee.


6678.10.2013 Moved: Cr G Willis SSeconded: Cr M Cobham Receive and note the Unconfirmed Minutes of the LDHRC on the 12th October.


Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. 679.10.2013 Moved: Deputy Mayor D Williams SSeconded: Cr M Cobham That council accepts the resignation of Mrs Colleen Patterson from the Lady Barron Hall & Recreational Special Committee and directs the General Manager to call for suitably qualified people to nominate for the vacant position on the Committee.




EE. CLOSED COUNCIL Item E1: Closed Council Item – The personal affairs of any person

ACTION Decision PROPONENT Council Officer OFFICERS Raoul Harper, General Manager FILE REFERENCE REA/0202 ASSOCIATED PAPERS Annexure 14: For Elected Members only

PREVIOUS COUNCIL CONSIDERATION: Nil REASON FOR CLOSED COUNCIL: This item is CCONFIDENTIAL in accordance with Section 15(2)(e) of the Local Government (Meeting Procedures) Regulations 2005, which permits the meeting to be closed to the public for business relating to the following:

(j) the personal affairs of any person. VOTING REQUIREMENTS Absolute Majority OFFICER’S RECOMMENDATION: That Council move into Closed Council.. DECISION 680.10.2013 Moved: Cr R Wise SSeconded: Cr M Cobham That Council move into Closed Council to consider nominations..


Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. Council moved into Closed Session at 3.14pm. Council moved out of Closed Session at 3.49pm. 683.10.2013 Moved: Deputy Mayor D Williams Seconded: Cr M Cobham That the discussions and motions passed in Closed Council remain confidential.


Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. Meeting Closed 3.49pm

2013 10 17 Confirmed Minutes Ordinary Council Meeting · Mayor Carol Cox Deputy Mayor David...

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