KING ISLAND COUNCIL · 2016-10-13 · Ordinary Meeting of the King Island Council Tuesday 18...
Transcript of KING ISLAND COUNCIL · 2016-10-13 · Ordinary Meeting of the King Island Council Tuesday 18...
AGENDA
Ordinary Meeting of the King Island Council
Tuesday 18 October 2016
commencing at 4:30pm
Council Chambers, 10 George Street, Currie.
David Laugher
GENERAL MANAGER
KING ISLAND COUNCIL
Agenda of Ordinary Council Meeting – 18 October 2016
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CONTENTS
Qualified Advice ..................................................................................................................................................... 3 Attendance & Apologies ........................................................................................................................................ 4 Presentations ........................................................................................................................................................... 5 Public Question Time ............................................................................................................................................ 5 Declaration Of Interests ........................................................................................................................................ 6 Application For Leave Of Absence ..................................................................................................................... 7 Questions On Notice ............................................................................................................................................. 8 Questions Without Notice .................................................................................................................................... 8 Notices Of Motion ................................................................................................................................................. 8 Confirmation Of Minutes ...................................................................................................................................... 9 Infrastructure and Services .................................................................................................................................. 10
Item 1. Infastructure & Services ........................................................................................................... 10 Corporate Services ................................................................................................................................................ 16
Item 1. Financial Report For September 2016 ................................................................................... 16 Item 2. Arts and Cultural Report .......................................................................................................... 29
Development & Environmental Services ......................................................................................................... 31 Item 1. Development Application 30/1516 ........................................................................................ 32
Mayor ...................................................................................................................................................................... 57 Mayor’s Diary ................................................................................................................................................. 57
Council Workshops Held .................................................................................................................................... 58 General Manager ................................................................................................................................................... 59
Item 1. Information ................................................................................................................................ 59 Item 2. General Managers Diary ........................................................................................................... 67 Item 3. Authority for Common Seal and Delegation ........................................................................ 68 Item 4. Economic Development .......................................................................................................... 69 Item 5. Cradle Coast Authority ............................................................................................................. 70 Item 6. Cradle coast Authority – Council Representatives ............................................................... 71 Item 7. Cultural Centre Advisory Committee – Councillor Representatives ................................. 72 Item 8. Strategic Plan – Quarterly Report ........................................................................................... 73 Item 9. Draft Annual Report 2015/16 ................................................................................................. 74
Agenda of Ordinary Council Meeting – 18 October 2016
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QUALIFIED ADVICE
Section 65 of the Local Government Act 1993 refers:
‘A general manager must ensure that any advice, information or recommendation given to the council or
a council committee is given by a person who has the qualifications or experience necessary to give such
advice, information or recommendation.
A Council or council committee is not to decide on any matter which requires the advice of a qualified
person without considering such advice unless the general manager certifies in writing that such advice
was obtained and taken into account in providing general advice to the council or council committee.’
I therefore certify that with respect to all advice, information or recommendations provided to the
Council in or with this agenda that the advice, information or recommendation is given by a person who
has the qualification or experience necessary to give such advice. Furthermore, that where any advice is
directly given by a person who does not have the required qualifications or experience that person has
obtained and taken into account (in that person’s general advice) the advice of an appropriately qualified
or experienced person.
David Laugher GENERAL MANAGER
Agenda of Ordinary Council Meeting – 18 October 2016
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ATTENDANCE & APOLOGIES
Councillor attendance
Councillor apologies
Staff attendance
Staff apologies
Media attendance
Public attendance
Other attendance
Opening Prayer
The Opening Prayer is an initiative of the King Island Interchurch Council, and the representative conducting the prayer is allocated by this group on an equitable roster system. The appointed members represent the traditional religious denominations on the island:
All Saints Anglican Church
King Island Christian Fellowship
King Island Uniting Church
Star of the Sea Catholic Church
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PRESENTATIONS
Nil
PUBLIC QUESTION TIME
1. Members of the public may ask questions of the Council at every Council meeting where public
can attend.
2. Question time will be for a maximum of 15 minutes.
3. A member of the public gallery will not be permitted to ask more than 2 questions of Councillors
and Officers.
4. Members of the public wishing to ask a question are to stand, state their name, state the agenda
item to which their question relates, direct their question to the Chairman and if called upon by
the Chairman submit a written copy of their questions to the Chairman.
5. If the question is not able to be dealt with at the meeting at which it is asked a written reply will be
sent within fourteen (14) days to the person who asked the question.
6. There is to be no debate on the question or the answer to it.
7. A member of the public wishing to ask a question is entitled to request the assistance of a Council
Officer in drafting the question.
Agenda of Ordinary Council Meeting – 18 October 2016
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DECLARATION OF INTERESTS
Section 48 of the Local Government Act 1993 states that:
A Councillor must not participate at any meeting of a:
Council
Council committee,
Special committee, authority etc
In respect of which the Councillor has an interest, or is aware or should be aware that a close associate
has an interest:
Participate means – discuss or vote
A Councillor must declare any interest in a matter before discussion commences, and must leave the
room in which meeting is being held.
In accordance with Part 2 Regulation 8 (7) of the Local Government (Meeting Procedures) Regulations
2005, the Chairman of a meeting is to request Councillors to indicate whether they have, or are likely to
have, a pecuniary interest in any item on the agenda.
Councillors are requested to advise of any interest they may have in respect to any matter appearing on
the agenda, or any supplementary item to the agenda, which the Council has resolved to deal with, in
accordance with Part 2 Regulation 8 (6) of the Local Government (Meeting Procedures). Specifically:
Declaration of any pecuniary interest of a Councillor or close associate.
Declaration of any conflict of interest.
Declaration of interest in respect of anybody or organisation with which the council has had major financial dealings during the current financial year.
Agenda of Ordinary Council Meeting – 18 October 2016
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APPLICATION FOR LEAVE OF ABSENCE
Statutory Requirements
The Local Government Meeting Procedures Regulations 2005 section 39 outlines the requirement for
Councillors in relation to a leave of absence.
The regulations state:
1. A Councillor, or the Mayor on behalf of a Councillor, may request leave of absence in respect of
one or more meetings.
2. A Council may decide to grant a request for leave of absence.
3. Leave must not be granted retrospectively.
4. The purpose of the leave and the period involved are to be recorded in the minutes.
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QUESTIONS ON NOTICE
Nil
QUESTIONS WITHOUT NOTICE
NOTICES OF MOTION
Nil
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CONFIRMATION OF MINUTES
Please refer to the previously issued ‘Unconfirmed Minutes’ for the Ordinary Council Meeting held on
20 September 2016 and the Special Meeting of Council held on 27 September 2016.
Recommendation:
That the Minutes of the Ordinary Council Meeting held on 20 September 2016 and the
Special Meeting of Council held on 27 September 2016 be confirmed as a correct record of
proceedings.
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INFRASTRUCTURE AND SERVICES
ITEM 1. INFASTRUCTURE & SERVICES
Reporting Director of Infrastructure & Services – Tony Melis
Purpose of Report To inform Elected Members of tasks, activities and projects undertaken by the Infrastructure & Services Division, during the month of September 2016. Capital Works
Relining Gen shed Airport Private Works
Completed re-construction of Penny Lagoon
Department State Growth
Patching Grassy Road
Commenced cleaning guide posts
Road side slashing Council Facilities Parks & Gardens
Nil Sportsgrounds & Reserves
Nil King Island Cemetery
Nil King Island Town Hall
Nil King Island Racecourse
Removed Trees along race track Quarries
Nil Waste Management
Charles St Transfer Station
Nil
Parenna Refuse
Nil Waste Collection
Nil
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0
100,000
200,000
300,000
400,000
500,000
600,000
May-16 Jun-16 Jul-16 Aug-16 Sep-16
Waste (kg)
Months
Residential Waste Collection
0
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
500,000
May-16 Jun-16 Jul-16 Aug-16 Sep-16
Waste (kg)
Months
Commercial Waste Collection
0
10,000
20,000
30,000
40,000
50,000
60,000
May-16 Jun-16 Jul-16 Aug-16 Sep-16
Waste (kg)
Months
Public Waste Collection
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King Island Airport
Roads Township
Nil
Grading
Mansons, East Wickham & Reekara, North Pegarah, Lancaster Roads
Millers, Red Hut, South Roads Potholing
South, Lancaster, Old Grassy, Millwood Roads Drainage and Culverts
Nil
$0.00
$10,000.00
$20,000.00
$30,000.00
$40,000.00
$50,000.00
$60,000.00
$70,000.00
April May June July August September
Total Monthly Income 2016
0
50
100
150
200
250
300
350
400
April May June July August September
Total Landings 2016
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Roadside Slashing
Nil Tar Patching
Beach Rd Weather Operations & Damage
Heavy Rainfall some road closures
South Road, Millers Road, Red Hut Road and Hardys Road extensive washouts Community Events
Nil
Recommendation:
That the Works report be received.
Agenda of Ordinary Council Meeting – 18 October 2016
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Airport Capital Works
Powerhouse Generator* 4,346 0 -4,346 0
Hard Stand for Parking and Freight
Precinct 0 0 0 707,000
Total Airport Capital Works 4,346 0 -4,346 707,000
Engineering Capital Works
Roads and Bridges Program 0 0 0 809,370
Plant Replacement Program 70,000 70,000 0 330,000
Footpath-Main Rd (Camp Creek) to
Shaw St 0 0 0 30,800
Depot Fence 0 0 0 15,000
Total Engineering Capital Works 70,000 70,000 0 1,185,170
Community Facilities
Town Hall Roof 0 0 0 91,500
Walking Track at Disappointment Bay 0 0 0 21,500
Town Hall External Painting 0 0 0 26,500
Les Ross Park-Public Toilets
Construction 0 0 0 74,750
Main St - Public Toilets Interior
Upgrade 0 0 0 35,000
Total Community Facilities 0 0 0 249,250
Sports Grounds & Reserves Capital
Currie Football Oval Pavilion Upgrade*
65,979 0 -65,979 0
Scout Park - Playground Equipment 1,010 1,000 -10 58,000
Les Ross Park* 146 0 -146 0
Total Sports Grounds & Reserves 67,136 1,000 -66,136 58,000
IT Hardware and Software
Records Management Software 0 0 0 30,000
Finance Software 0 0 0 95,000
Asset Management Software 0 0 0 12,000
POS Software - Cultural Centre 0 0 0 6,000
Microwave Data Link - KIC Office to
Tower Hill 0 0 0 8,000
Network Switch - Tower Hill 0 0 0 3,000
Disaster Recovery Server - Tower Hill 2,554 2,500 -54 16,000
UPS - Tower Hill 0 0 0 3,000
Audio Visual Equipment - Council
Chambers 0 0 0 12,000
Total IT Hardware and Software 2,554 2,500 -54 185,000
Waste Management Capital Works
New Cell Construction 8,105 8,000 105 350,000
Parenna Amenities Shed 0 0 0 37,062
Total Waste Management Capital
Works 8,105 8,000 105 387,062
Total 152,141 81,500 -70,431 2,771,482
* This project has been carried over from the previous year.
For Period Ending September 2016
Capital Works Program
King Island Council
YTD ActualsYTD
Budgets
YTD Budget
Variance
Adopted
Annual Budget
Agenda of Ordinary Council Meeting – 18 October 2016
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YTD
Actuals
YTD
Budgets
YTD Budget
Variance
Adopted
Annual
Budget
Roads Program
Cape Wickham Rd - Seal 0 0 0 563,900
South Rd - Seal 0 0 0 115,210
Old Grassy Rd - Seal 0 0 0 40,260
Total Roads Program 0 0 0 719,370
Stormwater Program
Kerb and Drainage in Currie 0 0 0 90,000
Total Stormwater Program 0 0 0 90,000
Total 0 0 0 809,370
For Period Ending September 2016
Road and Bridges Capital Works Program
King Island Council
YTD
Actuals
YTD
Budgets
YTD Budget
Variance
Adopted
Annual
Budget
Plant Purchases
Small Plant 0 0 0 20,000
Jet Patcher 70,000 70,000 0 70,000
Light Vehicle x 2 0 0 0 80,000
Diesel Pump - North Pit 0 0 0 25,000
Patrol Truck 0 0 0 50,000
Glass Crusher 0 0 0 85,000
Total Plant Purchases 70,000 70,000 0 330,000
For Period Ending September 2016
Plant Replacement Program
King Island Council
Agenda of Ordinary Council Meeting – 18 October 2016
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CORPORATE SERVICES
ITEM 1. FINANCIAL REPORT FOR SEPTEMBER 2016
Reporting Accountant – Sean Johnson
The financial reports for the month of September 2016 are presented for Council’s information. 1. FINANCIAL STATEMENTS At the end of the first quarter of the 2016/2017 financial year, Council is tracking well compared to year to date budgets. YTD variances of note arising in September are as follows:
1. Contracts, Materials and Services – The removal of the trees at Snodgrass Park and increased contract grading services have seen a negative variance for September.
YTD variances noted in previous months that are still relevant are as follows:
2. User Charges – There is a large variance in Airport landing fees income due to the rollback of Fees and Charges for 2016/2017.
3. Rates & Special Charges – This income item is below expected estimates for this time of year. The pensioner remission has been processed. The remaining variance is due to supplementary rate levies which effects the value of properties and therefore the rate income.
4. Employee Costs – This item is below YTD budget estimates due to vacant positions in the organisational structure.
5. Other Expenses – This is below YTD budget estimates due to savings made on insurance and motor vehicle registration.
2. CASH AT BANK & INVESTMENTS Cash flow has remained steady at the beginning of the 2016/17 financial year and leaves Council in a very strong position going forward. Please note, the At Call Account (working capital) has been closed and remaining funds have been invested in a Short Term Deposit. This will maximize Council’s interest returns. 3. SUNDRY DEBTORS The sundry debtors are currently on track. The majority of sundry debtors are paying within Council’s terms of 30 days. Council is currently pursuing all outstanding airport and sundry debtors.
Recommendation:
That the Financial Report for September 2016 be received.
Agenda of Ordinary Council Meeting – 18 October 2016
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Note
#YTD Actuals YTD Budgets
YTD Budget
Variance
Adopted
Annual Budget
Operational budget items
Revenue from operating activities
Statutory Charges 49,363 46,612 2,751 108,450
User Charges 2 62,866 157,854 -94,988 882,512
General Grants 509,872 507,580 2,292 1,778,825
Interest 21,585 21,000 585 110,000
Reimbursements 98,079 97,150 929 924,480
Other Revenues 25,034 20,940 4,094 600,070
Rates & Special charges 3 2,121,364 2,136,579 -15,215 2,136,579
Total Revenues 2,888,163 2,987,715 -99,553 6,540,916
Expenses from operating activities
Employee Costs 4 -492,950 -605,860 112,910 -2,250,599
Contracts, Materials and Services 1 -461,251 -434,011 -27,239 -1,669,373
Other Expenses 5 -326,976 -351,024 24,048 -870,079
Finance Costs -13,821 -13,821 0 -53,883
Depreciation -419,076 -419,076 0 -1,676,983
Total Expenses -1,714,074 -1,823,792 109,719 -6,520,917
Net Operating Surplus/(Deficit) 1,174,089 1,163,923 10,166 20,000
Reserve Funding
Transfers from Reserves to fund operating expenditure 0 0 0 82,500
Transfers from Reserves -unexpened grants carried over
from previous year 0 0 0 0
Transfer interest earned to Reserves 0 0 0 -48,139
Transfers to Reserves as per Council resolutions 0 0 0 -142,000
Net Reserve Funding 0 0 0 -107,639
Net Operating Surplus/(Deficit) after adjusting for
reserves transfers 1,174,089 1,163,923 10,166 -87,639
Capital budget items
Capital Grants 0 0 0 974,281
Proceeds from Sales 0 0 0 30,000
0 0 0 1,004,281
-82,141 -11,500 -70,641 -2,441,482
-70,000 -70,000 0 -330,000
-152,141 -81,500 -70,641 -2,771,482
0 0 0 822,000
-37,614 -37,614 0 -233,617
-37,614 -37,614 0 588,383
0 0 0 240,062
0 0 0 0
0 0 0 172,050
0 0 0 412,112
-189,755 -119,114 -70,641 -766,706
Transfer from Reserves - unexpended capital grants
Transfers from Reserves to fund capital expenditure
Net Reserve Funding
Net Capital expenditure funded by accumulated surplus
Loans drawn down
Loan Repayments
Net Financing
Reserve Funding
Transfer from Reserves - capital carried over from previous year
Capital Expenditure
Infrastructure Assets - Renewal, Upgrade and New
Plant & Equipment
Total Capital Expenditure
Financing
Total Capital Income
King Island Council
Budget Funding Summary
For Period Ending September 2016
Capital Income
Agenda of Ordinary Council Meeting – 18 October 2016
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Resource Group YTD Actuals YTD BudgetsYTD Budget
Variance
Adopted
Annual Budget
Income
Reimbursements 0 0 0 0
Other Revenues 0 0 0 0
Total Income 0 0 0 0
Expenses
Contracts, Materials and Services -41 0 -41 -525
Other Expenses -30,714 -34,671 3,957 -143,737
Total Expenses -30,755 -34,671 3,916 -144,262
Grand Total -30,755 -34,671 3,916 -144,262
For Period Ending September 2016
Operating Statement
Governance
King Island Council
-40,000
-35,000
-30,000
-25,000
-20,000
-15,000
-10,000
-5,000
0 Re
imb
urse
men
ts
Oth
er R
even
ue
s
Co
ntra
cts, Materials an
d
Service
s
Oth
er Exp
en
ses
YTD Income & Expenditure
Actual
Budget
Agenda of Ordinary Council Meeting – 18 October 2016
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Resource Group YTD Actuals YTD BudgetsYTD Budget
Variance
Adopted
Annual Budget
Income
Statutory Charges 3,551 2,612 939 10,450
General Grants 184,103 186,544 -2,442 746,175
Interest 20,147 21,000 -854 110,000
Reimbursements 1,098 1,150 -52 4,600
Other Revenues 10,765 10,440 325 117,520
Rates 1,770,909 1,784,190 -13,281 1,784,190
Total Income 1,990,572 2,005,936 -15,364 2,772,935
Expenses
Internal 56,673 56,673 0 226,782
Employee Costs -163,715 -190,939 27,224 -709,281
Contracts, Materials and Services -42,069 -44,159 2,090 -318,231
Other Expenses -119,927 -121,611 1,684 -259,798
Finance Costs -13,821 -13,821 0 -53,883
Depreciation -5,079 -5,079 0 -20,335
Total Expenses -287,939 -318,936 30,997 -1,134,747
Grand Total 1,702,634 1,687,000 15,634 1,638,188
King Island Council
Corporate Services
Operating Statement
For Period Ending September 2016
-500,000
0
500,000
1,000,000
1,500,000
2,000,000
Statuto
ry Ch
arges
Ge
ne
ral G
rants
Intere
st
Re
imb
urse
men
ts
Oth
er R
even
ue
s
Ra
tes
Intern
al
Em
plo
yee
Co
sts
Co
ntra
cts, Materials an
d…
Oth
er Exp
en
ses
Fina
nce
Co
sts
De
pre
ciation
YTD Income & Expenditure
Actual
Budget
Agenda of Ordinary Council Meeting – 18 October 2016
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Resource Group YTD Actuals YTD BudgetsYTD Budget
Variance
Adopted
Annual Budget
Income
Statutory Charges 45,811 44,000 1,811 98,000
User Charges 1,525 1,500 25 15,000
Other Revenues 0 0 0 4,050
Rates 101,602 101,229 373 101,229
Total Income 148,939 146,729 2,210 218,279
Expenses
Internal -18,504 -18,504 0 -74,043
Employee Costs -6,955 -22,632 15,677 -84,066
Contracts, Materials and Services -9,990 -10,406 416 -128,611
Other Expenses -3,967 -5,190 1,223 -128,164
Total Expenses -39,415 -56,732 17,317 -414,884
Grand Total 109,523 89,997 19,526 -196,605
For Period Ending September 2016
King Island Council
Operating Statement
Development and Environmental Services
-40,000
-20,000
0
20,000
40,000
60,000
80,000
100,000
120,000
Statuto
ry Ch
arges
User C
ha
rges
Oth
er R
even
ue
s
Ra
tes
Intern
al
Em
plo
yee
Co
sts
Co
ntra
cts, Materials an
d
Service
s
Oth
er Exp
en
ses
YTD Income & Expenditure
Actual
Budget
Agenda of Ordinary Council Meeting – 18 October 2016
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Resource Group YTD Actuals YTD BudgetsYTD Budget
Variance
Adopted
Annual Budget
Income
User Charges 10,647 10,912 -265 180,512
General Grants 236,659 213,968 22,691 880,870
Interest 1,439 0 1,439 0
Reimbursements 0 0 0 0
Other Revenues 5,107 4,500 607 430,500
Rates 248,853 251,160 -2,307 251,160
Total Income 502,705 480,540 22,165 1,743,042
Expenses
Internal -2,673 -2,673 0 -10,701
Employee Costs -220,011 -244,464 24,453 -908,119
Contracts, Materials and Services -354,973 -267,346 -87,627 -890,653
Other Expenses -49,249 -57,507 8,258 -105,750
Depreciation -247,701 -247,701 0 -991,201
Total Expenses -874,607 -819,691 -54,916 -2,906,424
Grand Total -371,902 -339,151 -32,751 -1,163,382
For Period Ending September 2016
King Island Council
Operating Statement
Engineering
-400,000
-300,000
-200,000
-100,000
0
100,000
200,000
300,000
User C
ha
rges
Ge
ne
ral G
rants
Intere
st
Re
imb
urse
men
ts
Oth
er R
even
ue
s
Ra
tes
Intern
al
Em
plo
yee
Co
sts
Co
ntra
cts, Materials an
d…
Oth
er Exp
en
ses
De
pre
ciation
YTD Income & Expenditure
Actual
Budget
Agenda of Ordinary Council Meeting – 18 October 2016
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Resource Group YTD Actuals YTD BudgetsYTD Budget
Variance
Adopted
Annual Budget
Income
User Charges 50,694 145,442 -94,749 687,000
Reimbursements 96,388 95,000 1,388 915,880
Other Revenues 6,099 6,000 99 41,000
Total Income 153,181 246,442 -93,261 1,643,880
Expenses
Internal -25,974 -25,974 0 -103,929
Employee Costs -48,075 -66,365 18,290 -246,523
Contracts, Materials and Services -118,362 -121,821 3,459 -605,590
Other Expenses -45,001 -47,981 2,980 -88,022
Depreciation -103,746 -103,746 0 -415,146
Total Expenses -341,159 -365,887 24,728 -1,459,210
Grand Total -187,978 -119,445 -68,533 184,670
For Period Ending September 2016
King Island Council
Operating Statement
Commercial Undertakings
-150,000
-100,000
-50,000
0
50,000
100,000
150,000
200,000
User C
ha
rges
Re
imb
urse
men
ts
Oth
er R
even
ue
s
Intern
al
Em
plo
yee
Co
sts
Co
ntra
cts, Materials an
d
Service
s
Oth
er Exp
en
ses
De
pre
ciation
YTD Income & Expenditure
Actual
Budget
Agenda of Ordinary Council Meeting – 18 October 2016
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Resource Group YTD Actuals YTD BudgetsYTD Budget
Variance
Adopted
Annual Budget
Income
General Grants 89,111 107,068 -17,957 151,780
Reimbursements 592 1,000 -408 4,000
Other Revenues 0 0 0 7,000
Total Income 89,703 108,068 -18,365 162,780
Expenses
Internal -5,445 -5,445 0 -21,789
Employee Costs -16,921 -45,494 28,573 -168,999
Contracts, Materials and Services -61,605 -86,860 25,256 -215,233
Other Expenses -20,881 -21,099 218 -53,252
Depreciation -528 -528 0 -2,117
Total Expenses -105,380 -159,426 54,047 -461,390
Grand Total -15,677 -51,358 35,682 -298,610
For Period Ending September 2016
Operating Statement
Community Services
King Island Council
-100,000
-50,000
0
50,000
100,000
150,000
Ge
ne
ral G
rants
Re
imb
urse
men
ts
Oth
er R
even
ue
s
Intern
al
Em
plo
yee
Co
sts
Co
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cts, Materials an
d
Service
s
Oth
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ses
De
pre
ciation
YTD Income & Expenditure
Actual
Budget
Agenda of Ordinary Council Meeting – 18 October 2016
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Resource Group YTD Actuals YTD BudgetsYTD Budget
Variance
Adopted
Annual Budget
Income
Other Revenues 0 0 0 0
Total Income 0 0 0 0
Expenses
Employee Costs -25,198 -25,198 0 -93,150
Contracts, Materials and Services 145,579 115,692 29,887 400,933
Other Expenses -52,390 -57,430 5,040 -59,600
Depreciation -62,022 -62,022 0 -248,183
Total Expenses 5,969 -28,958 34,927 0
Grand Total 5,969 -28,958 34,927 0
King Island Council
Plant Hire Control
Operating Statement
For Period Ending September 2016
-100,000
-50,000
0
50,000
100,000
150,000
200,000
Oth
er R
even
ue
s
Em
plo
yee
Co
sts
Co
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cts, Materials an
d
Service
s
Oth
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ses
De
pre
ciation
YTD Income & Expenditure
Actual
Budget
Agenda of Ordinary Council Meeting – 18 October 2016
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Resource Group YTD Actuals YTD BudgetsYTD Budget
Variance
Adopted
Annual Budget
Income
Other Revenues 3,063 0 3,063 0
Total Income 3,063 0 3,063 0
Expenses
Internal -4,077 -4,077 0 -16,320
Employee Costs -12,075 -10,768 -1,307 -40,000
Contracts, Materials and Services -19,790 -19,111 -679 90,245
Other Expenses -4,847 -5,535 688 -33,925
Total Expenses -40,789 -39,491 -1,298 0
Grand Total -37,726 -39,491 1,765 0
King Island Council
Quarry Control
Operating Statement
For Period Ending September 2016
-25,000
-20,000
-15,000
-10,000
-5,000
0
5,000
Oth
er R
even
ue
s
Intern
al
Em
plo
yee
Co
sts
Co
ntra
cts, Materials an
d
Service
s
Oth
er Exp
en
ses
YTD Income & Expenditure
Actual
Budget
Agenda of Ordinary Council Meeting – 18 October 2016
Page 26 of 74
Resource Group YTD Actuals YTD BudgetsYTD Budget
Variance
Adopted
Annual Budget
Income
User Charges 50,694 145,442 -94,749 687,000
Administrative Fees-Other 0 250 -250 1,000
Parking Fees 809 750 59 3,000
Landing Charges-RPT 42,280 30,488 11,792 183,000
Landing Charges-Other 7,605 21,992 -14,387 132,000
Passenger Tax - RPT 0 65,724 -65,724 263,000
Passenger Tax - Other 0 26,238 -26,238 105,000
Reimbursements 188 0 188 5,880
Reimbursements-Other 188 0 188 5,880
Other Revenues 6,099 6,000 99 41,000
Rental/Lease Properties Income 6,099 6,000 99 41,000
Other Sundry Income 0 0 0 0
Total Income 56,981 151,442 -94,461 733,880
Expenses
Internal -8,802 -8,802 0 -35,223
Overheads Intenal Recharge -8,802 -8,802 0 -35,223
Employee Costs -23,975 -28,677 4,702 -106,523
Salaries -2,267 0 -2,267 0
Wages -18,133 -28,677 10,544 -106,523
Overtime -3,575 0 -3,575 0
Contracts, Materials and Services -34,352 -37,573 3,221 -207,465
Contractors -7,788 -5,125 -2,663 -20,500
Consultants - Other -555 -3,876 3,321 -35,876
Valuation Expenses 0 0 0 -10,000
Other External Serv/Repairs & Mtce 0 0 0 0
Cleaning Contract -10,909 -11,996 1,087 -72,000
Freight -322 -254 -68 -1,014
Materials Purchased -8,304 -8,073 -231 -15,375
Inventory Issued From Store -732 -750 19 -5,700
Electricity 0 0 0 -21,000
Plant Hire-Internal Usage -5,743 -7,499 1,757 -26,000
Other Expenses -45,001 -47,981 2,980 -88,022
Subscriptions Reference Materials 0 0 0 -75
Advertising Press 0 0 0 0
Food & Catering Costs 0 0 0 0
Public Liability Insurance -15,362 -16,000 638 -16,000
Other Insurance -7,395 -7,800 405 -7,800
Licenses and Permits -202 -250 48 -1,000
Subscriptions Memberships -2,560 -2,600 40 -2,600
Telephone Charges -163 -126 -37 -500
Mobile Phone Charges -27 -249 222 -1,000
Internet & Other Communication Charges -286 -180 -106 -720
Course Seminar & Conference Registration 0 0 0 -2,200
Air Travel 0 0 0 -1,500
Travel Accommodation 0 0 0 -1,500
Travel Related Costs-Other -45 0 -45 -500
Land Tax 0 0 0 -6,807
Commissions Paid -2,140 -2,276 136 -27,320
Rates Paid -16,820 -18,500 1,680 -18,500
Depreciation -103,746 -103,746 0 -415,146
Depreciation Exp Buildings & Other Structures -103,407 -103,407 0 -413,791
Depreciation Exp Furniture & Fittings -339 -339 0 -1,355
Total Expenses -215,877 -226,779 10,902 -852,379
Grand Total -158,896 -75,337 -83,559 -118,499
King Island Council
King Island Airport
Operating Statement
For Period Ending September 2016
Agenda of Ordinary Council Meeting – 18 October 2016
Page 27 of 74
$
981,476.69
97,630.00
13,000.00
1,791,555.22
321,572.86
750,000.00
500,000.00
4,455,234.77
$
164,056.63
20,305.11
10,374.45
194,736.19
4,649,970.96
Term Deposit - Reserves
Total King Island Council Funds
Term Deposit - Bank Guarantee (Pearshape)
Term Deposit - Bank Guarantee (Reekara)
Term Deposit - Employee Entitlements
Term Deposit - Short Term Deposit 1
King Island Council
as at 30 September 2016
King Island Council funds
KIC General Cheque Account (reconciled cashbook balance)
Cash at Bank & Investments
Term Deposit - Short Term Deposit 2
Funds held in trust for third parties
Total Cash at Bank & Investments
Total Funds Held in trust for third parties
Term Deposit - Strickland Bursary (held in trust for trustees of bursary)
Term Deposit - Pat Dolman Bursary (held in trust for trustees of bursary)
Term Deposit - Multipurpose Health Centre (held in trust for MPHC
Advisory Committee)
0
0.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
0.9
1
1
Ba
lan
ce
Cash at Bank (including investments)
0
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Ba
lan
ce
Cash at Bank (including investments)
2013/2014 2014/2015 2015/2016 2016/2017
Agenda of Ordinary Council Meeting – 18 October 2016
Page 28 of 74
CategoryCurrent
Balance
30
Days
60
Days
90
Days
90+
Days
Total
Balance
Airport Debtor 2,139 479 0 957 9,820 13,395
Sundry Debtor 38,816 30,621 73,775 1,679 1,150 146,041
Waste Management 5,881 303 0 0 15 6,199
Total Sundry Debtors 46,836 31,402 73,775 2,636 10,985 165,635
Sundry Debtors
as at 30 September 2016
King Island Council
-
100,000
200,000
300,000
400,000
500,000
600,000
700,000
July Aug Sept Oct Dec Jan Feb Mar Apr May June
Ba
lan
ce
Sundry debtor balances over time
2013/2014 2014/2015 2015/2016 2016/2017
Agenda of Ordinary Council Meeting – 18 October 2016
Page 29 of 74
ITEM 2. ARTS AND CULTURAL REPORT
Reporting Director Corporate & Community Services – Zoe Behrendt
HIGHLIGHTS
Nephology: Local photographer and cheesemaker Timothy Petrovic invested a great deal of time and money in setting up his first solo exhibition. He was rewarded with healthy sales and an enormous show of support from his friends and colleagues who greatly enjoyed the exhibition. From a Cultural Centre perspective; supporting a young entrepreneur and artist, hosting an ambitious and exiting collection and attracting younger, first time visitors were the highlights.
Funds raised at Sydney Event: A decision concerning how to utilise the funds raised through Katie Ravich’s King Island Stories event in Sydney has been postponed pending further consideration. The matter was discussed at both a Volunteers meeting and the Advisory Committee meeting with the result that several ideas will be put to Katie allowing her to support the idea most close to her original aim.
Brochure: A new Cultural Centre brochure with a schedule of events until March 2017 has been designed, printed and distributed to tourism operators.
ARTISTS RESIDENCY
Application forms have been distributed to many prospective resident artists ranging from American
video makers to Israeli sculptors. No firm bookings have yet been received.
ADVISORY COMMITTEE
The Cultural Centre Advisory Committee met on Monday September 19th and discussed the proposed
Communication, Tourism and Events position in addition to plans and ideas for the future of the
Cultural Centre. The next meeting will be in December.
VOLUNTEERS
Following pleas for additional volunteers, this month saw several people doing double shifts to ensure
that the Cultural Centre remained open. Many volunteers are starting to return from holiday or recover
from ill health which should hopefully ease the burden. Despite these issues the number of visitors
increased by more than 35% over the same period last year.
SALES
Sales picked up again this month assisted by the sale of more than 50 items. Some sales from Nephology
will be reflected in next month’s figures.
Total income for September - $2078.90
Total commission for August - $516.18 (including pre purchased items and donations)
Agenda of Ordinary Council Meeting – 18 October 2016
Page 30 of 74
Visitors to the Cultural Centre
2015 T L A TOTAL 2016 T L A TOTAL
Jan 111 70 43 224 Jan 303 100 66 469
Feb 194 41 29 264 Feb 340 165 64 569
Mar 267 69 58 394 Mar 302 96 57 408
Apr 92 63 70 225 Apr 367 139 70 568
May 83 184 126 393 May 112 194 107 413
Jun 65 78 29 172 Jun 124 68 99 291
Jul 36 96 54 186 Jul 214 128 149 491
Aug 0 8 24 32 Aug 47 64 93 204
Sep 110 118 95 323 Sep 178 207 58 443
Oct 149 216 78 443 Oct
Nov 218 115 150 483 Nov
Dec 193 96 44 333 Dec
TOTAL 1518 1154 800 3472 TOTAL 1987 1161 763 3856
Recommendation:
That the Arts and Cultural report be received.
Agenda of Ordinary Council Meeting – 18 October 2016
Page 31 of 74
DEVELOPMENT & ENVIRONMENTAL SERVICES
COUNCIL MEETING AS A PLANNING AUTHORITY For development application items, Council is acting as a Planning Authority under the provisions of the Land Use Planning and Approvals Act 1993. The following provisions apply with respect to motions relating to recommendations on applications for planning permits or development permits: (a) a Councillor moving a motion contrary to the recommendation is to:- (i) provide the motion in writing; and (ii) provide in writing supporting reasons for approval or refusal; (b) the motion and supporting reasons for approval or refusal are to be handed to the chairperson; (c) the general manager is to ensure that the supporting reasons provided under paragraph (a)(ii) are
recorded in the minutes
Agenda of Ordinary Council Meeting – 18 October 2016
Page 32 of 74
ITEM 1. DEVELOPMENT APPLICATION 30/1516
Reporting Development Services Coordinator – Barry Magnus
Applicant: Evan Boardman
Owners: Guy Barnes
Application No.: DA 30/1516
Property: CT 142894/5
Henry Street, Currie
Area: 18.02 ha
Zone: Rural Resource
Current Use: Nil
Reason to Council: Planning Scheme Amendment requires initiation and certification from the
Planning Authority prior to progressing.
Recommendation: Initiation and Certification is recommended, subject to conditions.
PURPOSE
The purpose of this report is to provide an assessment of an application for planning scheme
amendment of the King Island Interim Planning Scheme 2013 (the Planning Scheme) under S.33 of the
Land Use Planning and Approvals Act 1993 (LUPAA) by rezoning approximately 18 hectares of land
situated off Henry Street, from Rural Resource to Low Density Residential and Particular Purpose Zone
(Tourist Facilities). A portion running through the centre of the property is to remain Rural Resource, as
it is constrained and not developable.
BACKGROUND
The applicants lodged a rezoning request under section 33 of the LUPAA to rezone the subject land
from the Rural Resource Zone to the Low Density Residential Zone and a proposed Particular Purpose
Zone (Tourist Facilities) within the terms of the Planning Scheme.
A plan demonstrating the current zoning of the land, and surrounding properties is provided below.
Agenda of Ordinary Council Meeting – 18 October 2016
Page 33 of 74
Figure 1. Existing zoning of subject site (purple border) and surrounding area
Currently the site consists of vacant land of a quality which cannot be improved to sustain any viable
return if used for agricultural purposes. The site is approximately 18ha in area, and irregular in shape.
The site contains two leadlight navigation guides, with tracks through the property to provide access to
the leadlights.
The site has frontage to Edward Street and Henry Street road reserves. However, neither street is fully
constructed to the boundary of the site. The site is also accessed to the north by Charles Street. Charles
Street has a bitumen sealed pavement of 5.5m width and a 0.5m shoulder width.
The land to the south is Currie Harbour and open space, with a series of walking tracks providing access
to the Currie township. One lot to the south is subject to an urgent amendment for a rezoning to a
Particular Purpose Zone – Currie Harbour Tourist facilities, similar to that being applied for as part of
this proposal. The Particular Purpose Zone will primarily provide for the ability to develop the site for
visitor accommodation.
The western boundary is the Big Beach foreshore and Crown Land reserve.
On the eastern boundary is a mixture of residential uses (near Henry Street), and constrained Rural
Resource zoned land.
Land to the north of the site is the Council operated inert waste facility and waste transfer station.
Agenda of Ordinary Council Meeting – 18 October 2016
Page 34 of 74
Attached are supporting reports as follows:
Planning report as prepared by E3 Planning
Information responses supplementing the planning report, also prepared by E3 Planning.
DETAILS
The proposal is for the rezoning of the parent land for a mixture of residential and tourism related
purposes. The northern portion of the site is proposed to be zoned Low Density Residential, with the
southern portion to be zoned Particular Purpose Zone – Currie Harbour Tourist Facilities.
The intention is to provide a site for eco-cabins, which would operate in conjunction with the
development of the site at CT142896/1, which is envisaged as a boutique hotel complex. It should be
noted that no planning permit applications have been lodged for these proposed developments.
The application has provided a draft Particular Purpose Zone code, which is generally in line with the
code drafted for the Urgent Amendment rezoning of the property described as CT142896/1. There are
some site specific changes, such as imposing a qualification to limit the extent of Visitor
Accommodation on the site.
The centre of the site features a watercourse, being Camp Creek, and steep land. This land will be
balance land, and the applicant has no intention to rezone the balance land.
The site has the potential to be fully serviced, with TasWater servicing adjoining properties.
The process by which Council must assess a planning scheme amendment is detailed under section 32
(Requirements for preparation of amendments) and 33 (Request for amendment of planning scheme) of
LUPAA. This process is described in more detail under the Legislative Requirements section.
Subdivision and further development of the land to be rezoned would be subject to future planning
permit applications.
Legislative Requirements
An application for a planning scheme amendment is available under Division 2 of LUPAA, which allows
for a use or development on land in a manner that is currently contrary to the outcomes required by an
Interim Planning Scheme to be considered under alternative provisions (e.g. a rezoning).
In summary, the process entails:-
(a) The proposal is required to comply with s32 (Requirements for preparation of amendments)
of LUPAA, with this section referring to sections:
i. 30O (Amendments under Divisions 2 of interim planning schemes),
ii. 30EA (Overriding local provisions and conflicting local provisions) and
iii. 20(2) to (9) (What can a planning scheme provide for?).
(b) The proposal is required to comply with s33 (Request for amendment of planning scheme)
of LUPAA, with this section referring to sections:
i. 30I (Representations in relation to interim planning schemes)
ii. 30J (Report to be provided to Commission).
Agenda of Ordinary Council Meeting – 18 October 2016
Page 35 of 74
(c) If the planning authority decides to initiate the amendment (support for the proposal), the
matter is to proceed under sections 34 (Amendment of planning scheme) and 35
(Certification of draft amendments by planning authorities) of LUPAA.
Planning Assessment – Planning Scheme Amendment
Matters to be considered by Council are listed under section 32 of LUPAA. The below table provides
each subclause, followed by an assessment against that subclause.
(1) A draft amendment of a planning scheme, and an amendment of a planning scheme, in the opinion of the
relevant decision-maker within the meaning of section 20(2A)–
(e) must, as far as practicable, avoid the potential for land use conflicts with use and development permissible under
the planning scheme applying to the adjacent area; and
Land surrounding the area to be zoned Low Density Residential is zoned Rural Resource. Given
this rezoning is requested in order to facilitate a residential subdivision, the rezoning will provide
for a sensitive use bordered by Rural Resource zone on all sides. Development standards within
the Low Density Residential zone require a sensitive use be setback of 50m from the Rural
Resource zone. Whilst existing uses and topography would make agricultural use of the adjoining
Rural Resource land impractical, it does mean that any future residential development would be
discretionary given this 50m setback.
By embedding the Low Density Residential zone within the Rural Resource zoned land, it is
creating conflict for future residential uses. Therefore, to reduce this conflict, it is recommended
that the proposal be amended so that the balance land containing Camp Creek is rezoned to
Open Space. This would allow future development to be pushed towards the southern end of the
site, reducing any potential impact on Rural Resource zone land.
The balance land is encompassing Camp Creek, which is not suitable for agriculture or any other
primary industry use. Therefore, the Rural Resource zone is not the appropriate zone for the
balance land.
The balance land will connect with the Open Space zone applying to Big Beach, and Camp
Creek is also zone Open Space further to the east of the site. An assessment of the balance land
against the Open Space Zone provisions will be provided in the planning assessment.
Rezoning the balance land to Open Space will reduce the setback from 50m down to 5m,
providing significantly more land available for development which is likely to trigger less
discretionary applications for possible future use.
The area to be zoned Particular Purpose Zone is not considered likely to have any land use
conflicts with neighbouring uses or zones. Given the nature of future development proposed for
the site, the eco cabins could be sited to minimise any potential impacts on neighbouring uses.
The site provides sufficient size and vegetation for buffers, if required.
(ea) must not conflict with the requirements of section 30O; and
Agenda of Ordinary Council Meeting – 18 October 2016
Page 36 of 74
Section 30O(1) states:
An amendment may only be made under Division 2 or 2A to a local provision of a planning scheme, or to insert
a local provision into, or remove a local provision from, such a scheme, if the amendment is, as far as is, in the
opinion of the relevant decision-maker within the meaning of section 20(2A), practicable, consistent with the
regional land use strategy, if any, for the regional area in which is situated the land to which the scheme applies.
Assessment against Living on the Coast – The Cradle Coast Regional Land Use Strategy 2010 - 2030
(CCRLUS) has identified that King Island is discrete from the main land mass of the Region and
is an island community dependent on agriculture, fishing, mining and tourist activity. The
municipality has an ambitious strategy to double the resident population to 3,500 through growth
of existing centres. It is noted there is an existing housing shortage on the island.
The CCRLUS is not particularly relevant to King Island. Therefore the proposal has been
assessed against the King Island Strategy Plan Report 2008 and the Currie Harbour Structure
Plan.
In 2008 the Council finalised a strategy report to guide future development on the Island.
The report recognises that Currie is the main town with an active commercial centre supported
by industry, recreation and social activities. It also provides King Island’s main employment base
and numerous tourist establishments, community services and retail establishments.
Currie also contains a key recreational and harbour for fishing trawlers and recreational boating
facilities. The harbour remains an underutilised asset and offers potential for new tourism
development supported by quality residential development.
The report recommends the rezoning of non-residential land for new residential development in
the Harbour area as recommended in the Currie Harbour Structure Plan. The area of Low
Density Residential is consistent with this recommendation.
Council commissioned the Currie Harbour Structure Plan to provide the community with a plan
that provides for the development of the Harbour precinct. The vision that was confirmed
following Community and stakeholder consultation was:
Currie Harbour should develop as an attractive and vibrant precinct serving tourism, recreation
and commercial fisheries in a way that enhances the Harbour as an iconic destination responding
to its heritage and environmental values.
The Structure Plan implements this vision by:
• Providing the framework for new development in harbour precinct. • Implementing planning and development controls to minimise visual and environmental impacts of development. • Facilitating development of tourist accommodation and facilities. • Rezoning lands between Charles Street and Camp Creek to allow lower density residential land uses.
The area to be zoned Particular Purpose – Currie Harbour Tourist Facilities is consistent with
the Structure Plan.
Agenda of Ordinary Council Meeting – 18 October 2016
Page 37 of 74
Summary
The proposal for the amendment satisfies and furthers the strategic plans and goals.
Section 30O(2) states:
An amendment, of a planning scheme, that would amend a local provision of the scheme or insert a new provision
into the scheme may only be made under Division 2 or 2A if –
(a) the amendment is not such that the local provision as amended or inserted would be directly or indirectly
inconsistent with the common provisions, except in accordance with section 30EA, or an overriding local provision;
and
The proposal is amending a zone which is a local provision. The development is then required to
comply with the zone code, being a common provision. Therefore an assessment against the
Low Density Residential zone code, and the proposed Particular Purpose Zone, is required.
A full assessment against the code is undertaken later in the report under the heading
‘Assessment against the King Island Interim Planning Scheme’. In summary the proposal has
demonstrated compliance with all aspects of the planning scheme, including the local area
objectives and the desired future character statements.
(b) the amendment does not revoke or amend an overriding local provision; and
The proposal complies with this subclause.
(c) the amendment is not to the effect that a conflicting local provision would, after the amendment, be contained in
the scheme.
The proposal complies with this subclause.
Section 30O(3) states:
Subject to section 30EA, an amendment may be made to a local provision if –
(a) the amendment is to the effect that a common provision is not to apply to an area of land; and
Section 30EA refers to overriding local provisions and conflicting local provisions. This clause
does not apply to this proposal.
(b) a planning directive allows the planning scheme to specify that some or all of the common provisions are not to
apply to such an area of land.
This clause does not apply to this proposal.
Section 30O(4) states:
An amendment may not be made under Division 2 or 2A to a common provision of a planning scheme unless the
common provision, as so amended, would not be inconsistent with a planning directive that requires or permits the
provision to be contained in the planning scheme.
This clause does not apply to this proposal.
Agenda of Ordinary Council Meeting – 18 October 2016
Page 38 of 74
Section 30O(5) states:
Subject to section 30EA, an amendment of a planning scheme may be made under Division 2 or 2A if the
amendment consists of –
(a) taking an optional common provision out of the scheme; or
This clause does not apply to this proposal.
(b) taking the provision out of the scheme and replacing it with another optional common provision.
This clause does not apply to this proposal.
(f) must have regard to the impact that the use and development permissible under the amendment will have on the
use and development of the region as an entity in environmental, economic and social terms.
The proposed Low Density Residential zoning will have minimal impact regionally, due to the
small scale of the proposal. The intention for the development is to provide housing choice,
which would provide some benefit the region. A survey of available low density residential
allotments indicates a shortage of quality residential sites that enjoy coastal frontages and views in
and around the Currie township. The infill development also addresses a housing shortage on
King Island, which has been identified by the CCRLUS.
The potential eco cabins and associated tourist facilities will support attracting visitors to King
Island, due to its proximity to the Currie town centre, Currie Harbour, the airport and golf
courses. King Island has a significant shortage of accommodation, so this development will
supplement the growth of tourism in King Island, as well as within the region and Tasmania.
(2) The provisions of section 20(2), (3), (4), (5), (6), (7), (8) and (9) apply to the amendment of a planning
scheme in the same manner as they apply to planning schemes.
The proposal does not conflict with the provisions of section 20 (What can a planning scheme provide
for?).
Additional matters to be considered by Council are listed under section 33 of LUPAA.
33. Request for amendment of planning scheme
(1) A person may request a planning authority to amend a planning scheme administered by it.
(2) A request is to be in a form approved by the planning authority or, if a form has been approved by
the Commission, is to be in that form.
The application format complies.
(2A) If a request under subsection (1) is in respect of one parcel or several parcels of land covered by the
Agenda of Ordinary Council Meeting – 18 October 2016
Page 39 of 74
planning scheme and is requested by a person who is not the owner of the land to which the proposed
amendment applies, the request must be –
(a) signed by the owner or owners of the land; or
(b) accompanied by the written permission of the owner or owners to the making of the request.
The application complies with 2A(b) as written permission from the land owners was
provided.
(2B) Before making a decision as to whether or not to initiate an amendment of the planning scheme, the
planning authority must consider –
(a) whether the requested amendment is consistent with the requirements of section 32; and
The proposal was assessed against the section previously in this report, and it was found
that the proposal was consistent with section 32.
(ab) any representation made under section 30I, and any statements in any report under section 30J as to
the merit of a representation, that may be relevant to the amendment; and
A submission on the Interim Planning Scheme regarding this property was made,
requesting that the site be rezoned. The Tasmanian Planning Commission determined
that this property would need to go through the PSA process, as changing the zone
would not be a direct translation from the previous planning scheme. This application
has been made in line with the Commission’s decision.
(b) any advice referred to in section 65 of the Local Government Act 1993 received by it.
No advice in accordance with section 65 of the Local Government Act 1993 has been
sought or received by Council.
(3) A planning authority must, within 42 days of the receipt of a request or such longer time as the
Commission may allow, make a decision as to whether or not to initiate an amendment of the planning
scheme and serve on the person who made the request notice of its decision within 7 days of making the
decision.
The proposal has been assessed within the statutory timeframes.
Summary
Support for the proposal is recommended as it is consistent with the requirements of LUPAA. Should
the planning authority decide to support the proposal, the following steps would need to be undertaken
in accordance with LUPAA.
Agenda of Ordinary Council Meeting – 18 October 2016
Page 40 of 74
(3AA) If the planning authority decides under subsection (3) to initiate an amendment of a planning scheme after receipt of
a request from a person under subsection (1), it must –
(a) initiate the amendment under section 34; and
(b) certify the draft amendment under section 35 –
within 42 days of receiving the request or such longer time as the Commission allows.
Assessment against King Island Interim Planning Scheme – Low Density Residential Zone
An assessment of the area proposed to be rezoned against the Low Density residential zone code is
required to ensure that the zone suits the site. The proposed rezoning is considered against the zone
purpose statements, Local Area Objectives, Future desired Character statements and the relevant use
and development standards. Due to the limited details of the future development of the site, many of the
development standards cannot be considered. They are specific design standards that can only be
considered at the subdivision or dwelling development stage.
Zone Purpose Statements 12.1.1.1 To provide for residential use or development on larger lots in residential areas where there are infrastructure or environmental constraints that limit development. 12.1.1.2 To provide for non-residential uses that are compatible with residential amenity.
Planning Comment:
The Low Density Residential Zone statements are appropriate for this site.
The site is constrained by shape, proximity to the waste transfer station and by the surrounding Rural
Resource zone. Although the site could be fully serviced, the constraints prohibit the site from being
developed for residential purposes at a standard residential density.
The proposal is consistent with the Zone Purpose Statements.
12.1.2 Local Area Objectives
(a) Land is available for residential use in urban and semi-urban settings;
(b) Low density residential areas make efficient use of land and optimise available infrastructure
provision through a balance between infill and redevelopment of established residential areas and by
incremental release of new land;
(c) The type, scale, and intensity of use or development are consistent with the level of permanent
constraint on residential use at suburban densities.
(d) New or intensified use or development is restricted if the limit of a known constraint
on residential use is uncertain;
Agenda of Ordinary Council Meeting – 18 October 2016
Page 41 of 74
(e) Low density residential areas provide equivalent opportunity for single dwelling and
multiple dwelling developments and for shared and supported accommodation through private,
public, and social investment.
(f) Low density residential areas enable opportunity for convenient access to basic level services and
facilities for education, health care, retail, social, and recreation purposes;
(g) Low density residential areas provide small-scale employment opportunities in home occupation and
home based business.
(h) The amenity and character of low density residential areas is commensurate with the
location of housing and support activity within a shared urban or semi-urban living space,
and is to take into account –
(i) the likely impact on residential use from the occurrence and operation of non-housing
activity;
(ii) suitable of a site for intended use;
(iii) possible absence in provision or capacity of community services, transport
infrastructure and utilities;
(iv) restriction imposed by an environmental constraint;
(v) the level of risk from exposure to a natural hazard; and
(vi) the effect of location and configuration of buildings within a site on -
a. apparent bulk and scale of buildings and structures;
b. opportunity for on-site provision of private open space and facilities for
parking of vehicles;
c. opportunity for access to daylight and sunlight;
d. visual and acoustic privacy between adjacent dwellings; and
e. consistency of the streetscape; and
Agenda of Ordinary Council Meeting – 18 October 2016
Page 42 of 74
f. the relationship between new sensitive use and the use of land in an
adjoining zone
The type, scale and intensity of use or development is appropriate for the level of permanent constraint on residential use at suburban density as a result of -
(a) capacity in existing or planned provision of utilities at -
(i) adjoining the north of the King Island racecourse north of Currie; and
(ii) Rifle Range Road area east of Currie; and
(b) an unacceptable level of risk from exposure to a natural or environmental hazard,
being periodic flooding immediately south of Charles Street and west of Main
Street, Currie
Planning Comment: Complies
The site is in a semi-urban setting, although situated close to the Currie town centre, and the
amenities it provides. Development of this site will not be at standard residential densities, due
to constraints impacting the site. The site is constrained by shape, proximity to the waste
transfer station and by the surrounding Rural Resource zone. These constraints are known, and
the design of the future development can consider these constraints when identifying future
dwelling sites.
Another Low Density Residential development has been approved within Charles Street, so
this rezoning is consistent with development in the area.
Land that is constrained from development, being the land within close proximity to Camp
Creek, has been excluded from the Low Density residential rezoning. This limits the level of
risk to environmental constraints and natural hazards.
The rezoning of the land is considered to be consistent with the Local Area Objectives.
12.1.3 Desired Future Character Statements
Use or development in a low density residential area is to provide –
(a) sites that are typically larger than suburban lots, although size is dependent on
availability of utilities and land capability;
(b) choice and diversity in the design, construction, and affordability of buildings;
(c) housing as a predominant but not exclusive form of development;
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(d) buildings that are typically of one or two storeys;
(e) a streetscape in which buildings are setback consistently from the frontage;
(f) buildings that are set apart from adjacent buildings to –
(i) reduce apparent bulk and scale;
(ii) enable each an opportunity for access to sunlight; and
(iii) assist visual and acoustic privacy of adjoining residents;
(g) site coverage that retains unbuilt area for recreation, service activity, vehicle
parking, and on-site disposal of sewage or stormwater; and
(h) an ordered pattern of lots and an internal road network
Planning Comment:
No development is proposed at this stage, but the site is capable of complying with the desired
future character statements, subject to suitable design.
It has been identified that development within the zone could be a mixture of dwellings and
holiday houses (visitor accommodation).
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12.3.1 Discretionary permit use
Acceptable Solution Performance Criteria
A1
There is no acceptable solution.
P1
Discretionary permit use must –
(a) be consistent with the local area objectives;
(b) be consistent with any applicable desired future character statement;
(c) minimise likelihood for adverse impact on amenity for residential use on adjacent land in the zone
Planning Comment:
The rezoning of the site is consistent with the Local Area Objectives and Desired Future Character
Statements.
There will be no adjacent land with the same zone.
12.3.2 Impact of use
Acceptable Solution Performance Criteria
A1
Permitted non-residential use must adjoin at least one
residential use on the sane street frontage.
P1
Use that is not a residential use must –
(a) be consistent with local area objectives; (b) be consistent with any applicable desired
future character statements; (c) be required to service and support the local
community; and (d) minimise likelihood for adverse impact on
amenity for residential use on adjacent land in the zone
Planning Comment:
It has been identified that development within the zone could be a mixture of dwellings and holiday
houses (visitor accommodation). The pattern of development will need to consider this use standard.
A2
Permitted non-residential use must not generate more
than 40 average daily vehicle movements.
P2
Use that is not a residential use must –
(a) be consistent with local area objectives;
(b) be consistent with any applicable desired future character statements;
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(c) be required to service and support the local community; be dependent on the site for provision of significant social, economic, or environmental benefit to the local community;
(d) be required to obtain vehicular and pedestrian access from a no-through road as a consequence of -
(i) the effect of topography on ability to create access upon a through road; or
(ii) a regulatory limit on the ability to obtain pedestrian or vehicular access upon a through road; and
(a) have minimal likelihood for unreasonable
impact on amenity for residential use on
adjacent land in the zone
Planning Comment:
The potential visitor accommodation uses are likely to comply with the acceptable solution.
Any future discretionary uses would need to demonstrate compliance against the performance criteria.
A3
Other than for emergency services, residential, and visitor
accommodation, hours of operation must be between 6.00
am and 9.00 pm
P3
Hours of operation, including for the delivery and
dispatch of goods and the conduct of routine
cleaning, maintenance service, must be reasonable to
requirements of the use and unlikely to cause conflict
or interference to the amenity of other use on
adjacent land in the zone
Planning Comment:
This standard would not apply to the intended uses for the site.
12.4 Development Standards
There is insufficient detail to assess the rezoning against the majority of the development standards.
Only the relevant development standards are considered below, in order to determine that the Low
Density Residential Zone is suitable for the site.
12.4.1 Suitability of a site or lot for use or development
A2
A site or each lot on a plan of subdivision must have a
separate access from a road –
(a) across a frontage over which no other land has
P2
(a) A site must have a reasonable and secure access from a road provided –
(i) across a frontage; or
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right of access; and
(b) if an internal lot, by an access strip connecting to a frontage over land not required as the means of access to any other land; or –
(c) by a right of way connecting to a road –
i. over land not required as the means of access to any other land; and
ii. not required to give the lot of which it is a part of the minimum properties of a lot in accordance with the acceptable solution in any applicable standard; and
(d) with a width of frontage and any access strip or right of way not less than –
(i) 3.6m or a single dwelling development; or
(ii) 6.0m for multiple dwelling development or development for a non-residential use; and
(e) the relevant road authority in accordance with the
Local Government (Highways) Act 1982 or the Roads
and jetties Act 1935 must have advised it is satisfied
adequate arrangements can be made to provide
vehicular access between the carriageway of a road
and the frontage, access strip or right of way to the
site or each lot on a proposed subdivision plan.
(ii) by an access strip connecting to a frontage, if for an internal lot; or
(iii) by a right of way connecting to a road over land not required to give the lot of which it is a part the minimum properties of a lot in accordance with the acceptable solution in any applicable standard; and
(iv) the dimensions of the frontage and any access strip or right of way must be adequate for the type and volume of traffic likely to be generated by –
a. the intended use; and
b. the existing or potential use of any other land which requires use of the access as the means of access for that land; and
(v) the relevant road authority in accordance with the Local Government (Highways) Act 1982 or the Roads and Jetties Act 1935 must have advised it is satisfied adequate arrangements can be made to provide vehicular access between the carriageway of a road and the frontage, access strip or right of way to the site or each lot on a subdivision plan; or
(b) it must be unnecessary for the development
to require access to the site or to a lot on a
subdivision plan.
Planning Comment:
The area to be zoned Low density residential has access to Charles Street
A3
A site or each lot on a plan of subdivision must be
capable of connecting to a water supply –
(a) from a connection to a water supply provided in accordance with the Water and Sewerage Industry Act 2008; or
(b) from a rechargeable drinking water system with a storage capacity of not less than 10,000 litres if –
(i) there is not a reticulated water supply; and
(ii) development is for –
P3
(a) There must be a water supply available for the site or for each lot on a plan of subdivision with an adequate level of reliability, quality and quantity to service the anticipated use of the site or the intended use of each lot on a plan of subdivision; or
(b) It must be unnecessary to require a water supply
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a. a single dwelling; or
b. a use with an equivalent population of not more than 10 people per day.
Planning Comment:
Adjoining sites are connected to the reticulated network. The proposal will be referred to TasWater for
comment during the public exhibition stage.
A4
A site or each lot on a plan of subdivision must be capable of draining and disposing of sewage and trade waste –
(a) to a reticulated sewer system provided in accordance with the Water and Sewerage Industry Act 2008; or
(b) by onsite disposal if –
(i) sewage or trade waste cannot be drained to a reticulated sewer system; and
(ii) the development
a. is for a single dwelling; or
b. provides for an equivalent population of not more than 10 people per day; or
c. creates a total sewage and waste water flow of not more than 1,000l per day; and
(iii) the site has capacity for onsite disposal of domestic waste water in accordance with AS/NZS 1547 :2012 Onsite domestic wastewater management clear of any defined building area or access strip
P4
A site or each lot on a plan of subdivision must drain and dispose of sewage and trade waste –
(a) A site or each lot on a plan of subdivision must drain and dispose of sewage and trade waste –
(i) in accordance with any prescribed emission limits for discharge of waste water;
(ii) in accordance with any limit advised by the Tasmanian Environmental Protection Agency;
(iii) without likely adverse impact for the health or amenity of the land and adjacent land;
(iv) without compromise to water quality objectives for surface or ground water established under the State Policy on Water Quality Management 1997; and
(v) with appropriate safeguards to minimise contamination if the use or development has potential to –
a. indirectly cause the contamination of surface or ground water; or
b. involve an activity or process which requires the use, production, conveyance or storage of significant quantities of sewage or trade waste that may cause harm to surface or ground water if released through accident, malfunction, or spillage; or
(b) It must be unnecessary to require arrangements for the drainage and disposal of sewage or trade waste
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Planning Comment:
Adjoining sites are connected to the reticulated network. The proposal will be referred to TasWater for
comment during the public exhibition stage.
12.4.7 Setback of development for sensitive use.
A1
A building containing a sensitive use must be contained within a building envelope determined by –
(a) the setback distance from the zone boundary as shown on the Table to this clause; and
(b) projecting upward and away from the zone boundary at an angle of 450 above the horizontal from a wall height of 3.0m at the setback distance from the zone boundary
P1
The location of a building containing a sensitive use must –
(a) minimise likelihood for conflict, constraint or interference by the sensitive use on existing and potential use of land in the adjoining zone; and
(b) minimise likely impact from existing and potential use of land in the adjoining zone on the amenity of the sensitive use
Planning Comment:
Much of the site to be zoned Low Density Residential would be unable to meet the acceptable
solution. The western end of the site is narrow, so implementing a 50m setback from all boundaries
would render much of the site discretionary. It is not good strategic planning to zone an area for
residential use, when that residential use will regularly trigger a discretionary application.
It is recommended that the balance land to the south of the site be rezoned to Open Space. The
balance land is encompassing Camp Creek, which is not suitable for agriculture or any other primary
industry use. Therefore, the Rural Resource zone is not the appropriate zone for the balance land.
The balance land will connect with the Open Space zone applying to Big Beach, and Camp Creek is
also zone Open Space further to the east of the site. An assessment of the balance land against the
Open Space Zone provisions will be provided below.
Rezoning this land will reduce the setback from 50m down to 5m, providing significantly more land
available for development which would not trigger a discretionary consideration for future applications.
Adjoining Zone Setback (m)
General Business 4.0
Light Industrial 4.0
General Industrial 4.0
Rural Resource (a) 50.0; or
(b) 4.0m if the site is a lot approved for residential use on a plan of subdivision sealed before this planning scheme came into effect
Utilities 10.0
Port ad Marine 50.0
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Table to Clause 12.4.7.
Note - If the zone boundary is a road, the setback is from the frontage of the site to
the road containing the zone boundary.
12.4.8 Subdivision
A1
Each new lot on a plan of subdivision must be –
(a) intended for residential use;
(b) a lot required for public use by the State government, a Council, a Statutory authority or a corporation al of the shares of which ae held by or on behalf of the State, a Council or by a statutory authority.
P1
Each new lot on a plan of subdivision must be –
(a) for a purpose permissible in the zone.
Planning Comment:
The rezoning would allow the land to be subdivided for a residential use.
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Assessment against King Island Interim Planning Scheme – Particular Purpose Zone – Currie
Harbour Tourist Facilities
The Particular Purpose Zone – Currie Harbour Tourist Facilities has been drafted to provide for
development on an adjoining property described as CT142896/1. The particular purpose zone is
required, as there is no direct translation from the previous scheme to the Interim Planning Scheme.
No standard zone under the Interim Planning Scheme, allowed the same uses as the previous zone.
It is requested that this particular purpose zone also be applied to the subject land at CT142894/5,
with some minor modifications. Namely, a restriction placed on visitor accommodation that limits the
size of a visitor accommodation development under the Permitted use class.
The zone purpose and Use table is provided below, with a full copy of the Particular Purpose Zone
code attached for reference.
Given the site’s proximity to the land at CT142896/1, and that it is intended that development of the
site will supplement development at CT142896/1, it is considered that Particular Purpose Zone –
Currie Harbour Tourist Facilities is the best fit zone for the site.
32.1 Zone Purpose
32.1.1 Zone Purpose Statements
32.1.1.1 To promote tourist accommodation use and development consistent with the Currie Harbour setting.
32.1.1.2 To allow for other use and development that complements or enhances the tourist accommodation and activity associated with the adjoining commercial port.
32.1.2 Local Area Objectives
32.1.2.1 To provide for vegetation management of the site including weeds, fire protection, erosion control and revegetation.
32.1.2.2 To minimize vegetation removal associated with new development by located within existing cleared areas as far as possible.
32.1.2.3 To ensure all new development has adequate sewer, water and power services.
32.1.3 Desired Future Character Statements
32.1.3.1 To provide for development that is consistent with the character and scale of the adjacent Currie Harbour and working port area.
32.1.3.2 To ensure the visual impact of new development is sensitive and sympathetic to surrounding natural features, landforms and public spaces.
32.1.3.3 To encourage buildings to be sited and designed to be energy efficient and provide for adequate shelter from prevailing weather conditions.
32.2 Use Table
Use Class Qualification
No Permit Required
Utilities if minor utilities
Natural and Cultural Values Management
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Use Class Qualification
Passive Recreation
Permitted
Community Meeting and Entertainment
If for a museum or function centre, art gallery, visitor information centre, conference centre or health centre
Food Services Excluding a drive through facility
Hotel industry If for a Hotel, Bar or Tavern
Visitor Accommodation If no more than 21 visitor accommodation units
Discretionary
Community Meeting and Entertainment
General Retail and Hire
Sports and Recreation Fitness Centre, Gymnasium, Outdoor recreation facility, Swimming Pool,
Tourist operation
Visitor Accommodation
Utilities
Prohibited
All other uses
Assessment against King Island Interim Planning Scheme – Open Space Zone
It is proposed that the balance land retain the existing Rural Resource zoning. As previously discussed,
the balance land encompassing Camp Creek, is not suitable for agriculture or any other primary industry
use. Therefore, the Rural Resource zone is not the appropriate zone for the balance land. Further,
rezoning this land will reduce the setback from 50m down to 5m, providing significantly more land
available for development which would not trigger a discretion.
The balance land will connect with the Open Space zone applying to Big Beach, and Camp Creek is also
zone Open Space further to the east of the site. An assessment of the balance land against the Open
Space Zone provisions is provided below, to determine whether or not this zone is suitable for the land.
19.1.1 Zone Purpose Statements
19.1.1.1
To provide land for open space purposes including for passive recreation and natural or landscape
amenity.
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Planning Comment:
The land has natural values, with Camp Creek flowing through it, and will provide landscape amenity for
surrounding developments. The balance land is consistent with the Zone Purpose Statement
19.1.2 Local Area Objectives
(a) Provide for unstructured physical activity, aesthetic, buffer, environmental, relaxation, and
cultural purposes at a municipal, sub-regional, or regional scale;
(b) Enhance the attraction, function, and performance of urban and rural places
Planning Comment:
The balance land will provide aesthetic values to the surrounding developments, particularly the
potential eco cabins, and will provide an environmental benefit by providing a buffer between future
development and Camp Creek. By preserving the balance area, it will provide an additional attraction to
the future development of the area.
19.1.3 Desired Future Character Statements
(a) Use or development on open space land may –
(i) provide public areas for passive recreational use;
(ii) meet anticipated need in accordance with a State, regional or municipal open space
plan if incorporated into the provisions of this planning scheme;
(iii) provide a representative system or network of open space areas in accordance with a
municipal, regional or State open space plan if incorporated into the provisions of
this planning scheme;
(iv) protect land containing an identified level of ecological, scientific, cultural or
aesthetic value, including as a habitat corridor or wildlife refuge, that does not
warrant conservation and protection under a statutory management plan;
(v) provide for pathways and connections within an urban area;
(vi) provide for passive recreation dependent on attributes of natural area;
(vii) assist management of stormwater through provision for detention, retention and
filtration systems and drainage corridors;
(viii) provide space to attenuate, buffer, separate, transition, or protect against
incompatible development, exposure to natural or environmental hazard, or
minimise impact of use or development on land of high conservation value;
(ix) enhance individual built elements and activity places in urban and rural settings;
(x) provide areas for mental, physical, and spiritual contemplation and relaxation;
(xi) support lifestyle attraction and active communities;
(xii) provide for retention of native vegetation and natural landform;
(xiii) provide for the rehabilitation of degraded natural and cultural environments; and
(xiv) provide for monuments and memorials
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(b) Use or development of open space land –
(i) assists diversity in the purpose, scale, type, and character of open space areas;
(ii) may involve a significant modification or embellishment of natural conditions and
landform, and potentially range from remnant pockets of native bushland to highly
formalised places;
(iii) is not required to be comparable with use and development on adjacent land;
(iv) may include business, community, primary industry, recreation and utility activity;
(v) is to have low impact on prescribed ecological, scientific, cultural or aesthetic value;
(vi) may retain or rehabilitate native vegetation and natural systems; and
(vii) may impact on the amenity of use or development on adjacent land through factors
associated with the occupational and operational characteristics of an open space
activity
Planning Comment:
The site is compatible with many of the desired future character statements, and does not contravene
any of them. Preserving the balance land will protect land that is not otherwise protected, assist with the
management of stormwater, retain native vegetation, provide a buffer between development and the
watercourse, and retain a natural system.
Part E Codes
Bushfire-Prone Areas Code
E1 Any subdivision of the site would need to address this code.
Airport Impact Management Code
E2 Not applicable to this site.
Clearing and Conversion of Vegetation Code
E3 With the change in zones, this code is not likely to be applicable to future planning permit
applications.
Change in Ground Level Code
E4 Not applicable to this application.
Local Heritage Code
E5 Not applicable to this site.
Hazard Management
E6 Not applicable to this site.
Signs Code
E7 Not applicable to this application.
Telecommunications Code
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E8 Not applicable to this application.
Traffic Generating Use and Parking Code
E9 Not applicable to this application. Any development of the area to be zoned particular purpose
would require and extension to Edward Street, and this code would be applicable.
Water and Waterways Code
E10 Not applicable to this application, and as camp creek is to be retained within the balance land, is
unlikely to be triggered in future planning permit applications.
Summary
The site is consistent with all relevant standards of the Scheme.
STATUTORY IMPLICATIONS
The proposal requests that land at CT 142894/5 Henry Street, Currie be rezoned from the Rural
Resource Zone to Low Density Residential Zone and Particular Purpose Zone – Currie Harbour
Tourism Facilities under the King Island Interim Planning Scheme 2013. This means that any future
development applications would need to be assessed against the new zones, and other codes as required.
It was also intended that balance land running through the centre of the site retain the existing Rural
Resource Zone. However, the surrounding Rural Resource Zone is likely to constrain development of
the land to be zoned Low Density Residential. Further, the balance land retains no potential for
agricultural use. Therefore it is recommended that the planning scheme amendment application be
amended so that the balance area be rezoned to Open Space.
For a planning scheme amendment to be initiated (supported), the proposal needs to be assessed as
complying with the relevant sections of LUPAA, the CCRLUS and the planning scheme. As
demonstrated in the planning assessment the proposal is consistent with the legislative documents, and
should therefore be initiated.
POLICY IMPLICATIONS
A planning scheme is a policy statement by a planning authority with respect to local requirements for
the use, development, conservation and protection of land so as to achieve compliance with the
requirements of State legislation and land use strategies.
Council has a statutory duty as a planning authority to ensure local planning controls are appropriate to
the provision of a sustainable future for King Island. The planning scheme amendment is consistent
with common provisions of the planning scheme. It is therefore recommended that this planning
scheme amendment be initiated.
FINANCIAL IMPLICATIONS
There may be financial costs associated with a planning scheme amendment application. This includes
costs to represent the interests of the planning authority before the Tasmanian Planning Commission
(TPC) if a hearing is required, and costs in preparing the amended planning scheme maps for inclusion
in the planning scheme. These are operational costs within the budget considerations of Council.
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RISK IMPLICATIONS
The application for planning scheme amendment is ultimately determined by the TPC. The Council is
required in the first instance to decide whether to reject or initiate the application. If rejected, the
applicant can appeal the decision to the TPC, who can review the planning authority’s assessment.
Should the application for planning scheme amendment be initiated for public exhibition, it is also
required to be certified under section 35.
CONSULTATION PROCESS
This is effectively the first step in the consultation process. If the planning authority chooses to progress
with the planning scheme amendment, the next step will be a public exhibition for a minimum of 28
days. At the expiration of the public exhibition period, Council is to provide the TPC with its Statement
of Opinion including a copy of any representations that may have been received.
COMMENT
The rezoning of the land currently zoned Rural Resource will facilitate the development of land
identified for future low density residential development by the King Island Strategy Plan Report 2008.
The intention, should the planning scheme amendment be approved, is to provide for residential lots
within a Low Density Residential zone that benefit from a coastal location and close proximity to Currie
town centre.
The amendment is also seeking rezoning of land currently zoned Rural Resource to Particular Purpose
Zone – Currie Harbour Tourism Facility. The rezoning would facilitate development within Currie
Harbour, in accordance with the Currie Harbour Structure Plan.
As discussed in the planning assessment, the proposal is generally consistent with the requirements of
LUPAA, the CCRLUS, Council structure plans and the planning scheme. However, for complete
compliance, it is recommended that the proposal to be amended so that the balance land is also rezoned,
with this area zoned to Open Space.
The planning authority can decide to allow a planning scheme amendment application to progress to
exhibition if it is in accordance with the list of provisions stated under sections 32, and 33 of LUPAA.
It is therefore recommended that the amended proposal for planning scheme amendment over land at
CT 142894/5 Henry Street, Currie be initiated in accordance with section 34 of LUPAA. If this is the
case, then the proposal will also need to be certified, in accordance with section 35 of LUPAA.
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Recommendation:
That the Planning Authority determine:-
A. To initiate the planning scheme amendment 30/1516 in accordance with
section 34 of the Land Use Planning and Approvals Act 1993.
B. To amend the planning scheme amendment so that the balance land
containing Camp Creek is not retained within the Rural Resource zone, but is
instead zoned as Open Space, in accordance with section 35(1)(b) of the Land
Use Planning and Approvals Act 1993.
C. To endorse the General Manager to certify the planning scheme amendment
30/1516 in accordance with section 35 of the Land Use Planning and
Approvals Act 1993.
D. To advise the applicant and the Tasmanian Planning Commission of the
Planning Authority’s determination in accordance with Sections 33 of the
Land Use Planning and Approvals Act 1993.
E. Having resolved the above, in accordance with section 6 of the Land Use
Planning and Approvals Act 1993, delegate the General Manager, and in the
absence of the General Manager, the Manager Development & Regulatory
Services to forward a copy of any representations received during the public
notification period, or if none are received, a statement notifying the
commission no representations have been received in accordance with
section 39 of LUPAA.
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MAYOR
MAYOR’S DIARY
Reporting Mayor – Duncan McFie
SEPTEMBER 2016
3 September
Local Radio Interview
7 September
Attended the Recreation Complex Committee Meeting
8 September
With Cr Jim Cooper & Cr D Bowling attended King Island Multi Species abattoir presentation.
21 September
Meeting with Rowan Sproule – workforce capabilities study
Meeting with representatives of University Tasmania on possible course content for elected members.
22 September
Attended the Cradle Coast Authority Representatives Meeting in Burnie where I was elected as a
Director on the Board of the Cradle Coast Authority.
Recommendation:
That the Mayor’s Diary be received.
Agenda of Ordinary Council Meeting – 18 October 2016
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COUNCIL WORKSHOPS HELD
Reporting General Manager – David Laugher
The following workshops were held since the last Ordinary Meeting of Council.
WORKSHOP 11 October 2016 – 4.30pm
MEMBERS IN ATTENDANCE:
Mayor Duncan McFie Cr David Bowling Cr Jim Benn Cr Royce Conley Dr Doug Collins Cr David Munday Cr Sally Haneveer
MEMBER APOLOGIES:
Deputy Mayor Jim Cooper Cr Kirsty Russell
OFFICERS IN ATTENDANCE:
General Manager – David Laugher
Director Corporate & Community Services – Zoe Behrendt
Director Infrastructure & Services – Tony Melis
Accountant – Sean Johnson
OFFICER APOLOGIES:
MATTERS DISCUSSED:
1. Cultural Centre Advisory Committee (Councillor appointment) 2. RPHS Funding – Tender Process 3. Youth Program (School Holiday Program) 4. Annual Report 5. 100th Anniversary Town Hall 6. Sewerage Charges Enquiry
Recommendation:
That the Council Workshops Held report be received.
Agenda of Ordinary Council Meeting – 18 October 2016
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GENERAL MANAGER
ITEM 1. INFORMATION
Reporting General Manager – David Laugher
1. 132/337 CERTIFICATES (CERTIFICATES OF COUNCIL’S POWER)
MONTH 2014/2015 2015/2016 2016/2017
132 337 132 337 132 337
July 14 7 14 7 5 1
August 4 3 12 7 10 6
September 1 1 16 10 5 2
October 7 5 13 7
November 5 5 13 8
December 7 2 13 7
January 11 7 1 1
February 13 7 19 9
March 8 10 9 3
April 14 10 11 5
May 11 8 7 7
June 3 3 8 6
Total 98 68 136 77
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2. BUILDING PERMITS
The following building permit applications approved for September under Delegated Authority.
Application No. Owner/Location Description Zone
02/1516 JM Haddow Dwelling addition (amendment to permit)
Rural Resource
61/1516 AJ & MJ Cox Dwelling unit addition
& alterations
General Residential
3. PLANNING PERMITS
The following planning permit applications approved for September under Delegated Authority.
4. CEMETERIES – DEATHS/INTERMENT
2014/2015 2015/2016 2016/2017
Deaths 5 8 0
Interment 10 8 1
5. ANIMAL CONTROL
2014/2015 2015/2016 2016/2017
No. $ No. $ No. $
Dogs Registered 388 9,594.50 382 10,045.00 350 8,367.05
Dogs Impounded 0 0 0
Dogs Euthanized 0 0 0
Dogs Claimed 0 0 0
Application No. Owner/Location Description Zone
28/1516 JM Haddow 31 Bishoffs Road Pegarah
Dwelling addition Rural Resource
29/1516 J & L Brewster 767 Mt Stanley Road Lymwood
Consolidation & subdivision
Rural Resource
32/1516 ML Hamer 44-52 Main Street Currie
Consolidation & subdivision
General Residential
Agenda of Ordinary Council Meeting – 18 October 2016
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6. BUILDING APPROVALS
2014/2015 2015/2016 2016/2017
No Value $ No. Value $ No Value $
July 4 389,500 4 545,240 1 480,000 August 3 325,210 9 2,108,500 6 1,965,000 September 3 281,500 3 482,419 2 140,000 October 2 95,500 3 192,075 November 3 125,000 4 436,800 December 1 200,000 2 40,000 January 2 190,000 4 616,200 February 3 164,000 1 70,000 March 1 20,000 2 370,000 April 0 0 0 0 May 4 434,900 6 128,500 June 5 627,000 7 640,000 Total 31 2,852,610 38 5,009,734 9 2,585,000
Monthly
Averages 2.58 237,712 3.45 453,612 3 861,666
7. DEVELOPMENT APPROVALS
2014/2015 2015/2016 2016/2017
No Value $ No. Value $ No Value $
July 0 0 2 200,000 0 0 August 0 0 2 200,000 4 1,486,000 September 2 160,000 1 100,000 1 70,000 October 2 0 3 250,000 November 0 0 0 nil December 0 0 0 nil January 0 0 0 nil February 0 0 1 180,000 March 0 0 0 nil April 0 0 0 nil May 1 2,000,000 0 nil June 2 10,025,000 2 200,000
Total 7 12,185,000 9 1,130,000 5 1,556,000
Agenda of Ordinary Council Meeting – 18 October 2016
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8. SUBDIVISION & ADHESIONS
2014/2015 2015/2016 2016/2017
No. S43A
included No.
S43A
included
No S43a
included
July 1 0 1 0 0 0 August 0 0 0 0 0 0 September 0 0 0 0 2 0 October 1 0 1 0 November 1 0 0 0 December 1 0 0 0 January 1 0 2 0 February 0 0 0 0 March 0 0 0 0 April 0 0 0 0 May 0 0 0 0 June 0 0 0 0 Total 5 0 4 0
9. FOOD PREMISES INSPECTIONS
2014/2015 2015/2016 2016/2017
Month No. Premises
Inspected No. Premises
Inspected No. Premises
Inspected
July 2 0 0
August 0 21 0
September 0 5 0
October 0 0
November 8 3
December 4 2
January 2 3
February 5 0
March 10 35
April 0 0
May 0 0
June 2 15
Total 33 84 0
10. PERSONNEL -SEPTEMBER
Appointments Nil Ceased Employment Ricky Munday - Labourer
Agenda of Ordinary Council Meeting – 18 October 2016
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11. COMPLAINTS REGISTER – (OUTSTANDING)
DEPARTMENT SEPTEMBER COMPLETED
YEAR TO DATE
Works 2
5 Corporate/Other 0
Health/Building 0
12. ACTION PLAN – TIMETABLE
Minute No
Date Task/Details Timeframe Legislative/
Council
Officer/Working Group responsible
Comments/Status
21.6.2016 JBS Properties
That the Colonial Lodge in town be
workshopped in relation to safety.
That the rehabilitation of the abattoir
site be workshopped and possible
discussion on a site for a freight hub
located at the airport.
B Magnus/DSC To be placed on the November workshop agenda.
16.08.2016 Helen Strickland – KINRMG
Conservation of Coastal Habitat
Workshopped at
the September
meeting.
GM to write to
KINRMG in
response.
20.09.2016 General Manager report on trip
That the Mayor request the GM provide
a report on his trip from 26 August to 12
September.
On who’s approval does the general
manager take these trips.
Mayor/GM Replied in writing.
117/16 27.09.2016 DA 27/1516 Draft Amendment to KI
Interim Planning Scheme.
A. To initiate the planning scheme amendment 27/1516 in accordance with section 34 of the Land Use Planning and Approvals Act 1993.
B. To endorse the GM to certify the planning scheme amendment 27/1516 in accordance with section 35 of the Land Use Planning and approvals Act 1993.
C. To advise the applicant and the TPC of the Planning Authority’s determination in accordance with Sections 33 and 43F of the Land Use Planning and Approvals Act 1993.
D. Having resolved the above, in accordance with section 6 of the Land Use Planning and Approvals Act 1993, delegate
A, B, C & E
Completed
D – currently in the
advertising period.
Agenda of Ordinary Council Meeting – 18 October 2016
Page 64 of 74
the GM, to forward a copy of any representations received during the public notification period, or if none are received, a statement notifying the commission no representations have been received in accordance with section 39 of LUPAA.
To approve the associated planning
permit 27/1516 for a Subdivision (1 into
52 lots), Visitor Accommodation (40
apartments and 60 units) and Food
Premises (Restaurant) subject to
conditions.
13. COUNCIL PROJECTS UPDATE
PROJECT DETAILS PERSONNEL TIMEFRAME
Town Hall upgrades Partial repair and replacement roof proposed for 2015/2016 budget. Exterior Painting
Materials delivered, waiting to commence 17 October 2016. Commencing 14 October 2016.
King Island Port Upgrade
Listed in Regional Development Priorities. Advocacy and funding required, dependent on shipping solution.
Councillors and Shipping Committee
Unknown
Upgrade Car Park Disappointment Bay T Melis Parks have taken on the project and are currently working on a design.
Signage Projects Tourism destination signs delivered. Installation is underway.
T Melis Only 2 signs still to be installed.
14. PROCUREMENT REPORTING
The following procurement reporting is in accordance with sections 13 and 17 of the Code for Tenders and Contracts adopted 15 September 2015. Code for Tenders and Contracts – Section 13.1 - As per Regulation 29 of the Local Government (General) Regulations 2015, Council is required to report details of any contract for the supply or provision of goods or services valued at or above the currently legislated prescribed amount of $250,000. There have been no tenders valued at or above $250,000 for the period 1 July 2016 – 30 September 2016.
Agenda of Ordinary Council Meeting – 18 October 2016
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Code for Tenders and Contracts – Section 13.2 - As per Regulation 29 of the Local Government (General) Regulations 2015, Council is required to report details of any extension of a contract, whereby Council agreed to extend a contract by an absolute majority and the pre-existing contract did not specify extensions. There have been no contracts extended for the period 1 July 2016 – 30 September 2016. Code for Tenders and Contracts – Section 13.3 & 13.4 - As per Regulation 29 of the Local Government (General) Regulations 2015, Council is required to report all instances where non-application of the public tender process has occurred for the supply or provision of goods or services valued at or above the currently legislated prescribed amount of $250,000 in the following circumstances:
Non-application of the public tender process as a result of an emergency, where in the opinion of the General Manager, there was insufficient time to invite tenders for the goods and services required in that emergency; or
Non-application of the public tender process because Council agreed by absolute majority, that a satisfactory result would not have been achieved in tenders were invited because of:
1. Extenuating circumstances; 2. The remoteness of the locality; or 3. The unavailability of competitive or reliable tenderers.
All other instances of non-application of public tender process where a public tender process was not used and reasonably should have been. There have been no instances of non-application of the public tender process for the period 1 July 2016 – 30 September 2016.
Agenda of Ordinary Council Meeting – 18 October 2016
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Code for Tenders and Contracts – Section 13.6 - As per Regulation 29 of the Local Government (General) Regulations 2015, Council is required to report details of any contract for the supply or provision of goods or services valued at or exceeding $100,000 but less than $250,000, that is entered into or extended in the current financial year. Additionally, Council will report whether the procurement method used is compliant with the Code, and if not, reasons as to why.
DESCRIPTION OF CONTRACT
PERIOD OF CONTRACT
PERIOD OF OPTIONS FOR
CONTRACT EXTENSION
CONTRACT VALUE
EXCLUDING GST
$
BUSINESS NAME OF
SUCCESSFUL CONTRACTOR
BUSINESS ADDRESS OF SUCCESSFUL CONTRACTOR
WAS PROCUREMENT METHOD
COMPLIANT? (IF NOT, REASON FOR
NON COMPLIANCE)
Insurance 30/6/2016-30/6/2017
No options for extension
$129,063.83 Marsh Pty Ltd 60 Cameron St Launceston
TAS 7250 Yes
Code for Tenders and Contracts – Section 17 – In addition to the public reporting requirements as per the Regulations, section 17 of the Code requires the General Manager to report to Council all other purchases of goods and services over the value of $50,000 (exclusive of GST), specifically whether the procurement method used is compliant with the Code, and if not, reasons as to why.
DATE OF PURCHASE OF
GOODS/SERVICES
DESCRIPTION OF THE
GOODS/SERVICES ACQUIRED
VALUE OF GOODS/SERVICES ACQUIRED EXCLUDING
GST $
NAME OF SUPPLIER
PROCESS USED FOR THE
ACQUISION OF GOODS/SERVICES
WAS PROCUREMENT METHOD
COMPLIANT? (IF NOT, REASON FOR
NON COMPLIANCE)
28/09/2016 Jet Patching Equipment $70,000.00 Venarchie Holdings
Pty Ltd Requested Quotes Yes
Recommendation:
That the Information report be received.
Agenda of Ordinary Council Meeting – 18 October 2016
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ITEM 2. GENERAL MANAGERS DIARY
Reporting General Manager – David Laugher
September Activity
1 Visit – Brighton Council. Review IT systems
2 Visit – Department of Local Government – discussion of future of local government
5 Phone discussion with Dallas Hay – Sharp Airlines
5 Visit - West Tamar Council (Beaconsfield). Review IT systems
5 Phone hook-up - Mayor
6 LGAT Meeting – Longford. Taswater discussions
8-9 General Managers Workshop - Hobart
12 Weekly catch up - Director Corporate and Community Services
12 Executive Management Group meeting
12 Volunteers Meeting – Cultural Centre
13 Migrant Resource Centre – discussion on possible work placements on King Island
13 Council Workshop
15 Discussion with Ratepayer on rates charges
15 Weekly meeting with the Mayor
15 Meeting with Contractor – Workplace Near Miss Report
15 Meeting with FOKI representatives – Event planning
16 Organising School Holiday Program logistics
16 Meeting with Boat Club representative re Tourism signs
17 Dogs Breakfast – Lions park
17 Interview – Community Radio
19 Weekly catch up - Director Corporate and Community Services
19 Advisory Committee Meeting – Cultural Centre
20 Phone hook-up – CEO Infrastructure Tasmania - Shipping
21 Councillor discussions availability prior to Council meeting
21 Council meeting
21 LG Professionals North West Branch AGM
21 UTAS Workshop – Understanding Financial Statements - Burnie
22 Cradle Coast Representatives Meeting - Burnie
22 Discussion with UTAS on possible training opportunities for staff and Councillors
23 North West General Managers Forum
25 Collect Youth Program Car and trailer - Grassy
25 Collect Youth Program Officer - Airport
26 Weekly catch up - Director Corporate and Community Services
27 Meeting with Manager Development and Regulatory Services
27 Special Council Meeting
28 Executive Management Group meeting
29 Meeting with Mayor
29 GM’s Performance Review
30 Meeting with Lighthouse Tours Operator
29 Shipping Group meeting
Recommendation:
That the General Manager’s Diary report be received.
Agenda of Ordinary Council Meeting – 18 October 2016
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ITEM 3. AUTHORITY FOR COMMON SEAL AND DELEGATION
Reporting General Manager – David Laugher
The Local Government Act 1993 provides: “The Common Seal is to be kept and used as authorised by the council. The execution of a document sealed by a council is to be attested by such persons as the council determines.” Council delegations provide: “To comply with the provisions of the LGA relating to the Common Seal. To comply with any policies and procedures of the Council relating to the Common Seal.” That Council note the affixing of the Common Seal on the following documentation:
King Island Interim Planning Scheme 2013 - Amendment PSA 15/1516 and Instrument of Certification C/T 207014/7 Charles Street
King Island Interim Planning Scheme 2013 Amendment PSA 27/1516 and Instrument of Certification C/T 171882/2 Manuka Road, Loorana
Recommendation: That Council note the affixing of the Common Seal on the following documentation:
King Island Interim Planning Scheme 2013 - Amendment PSA 15/1516 and Instrument of Certification C/T 207014/7 Charles Street
King Island Interim Planning Scheme 2013 Amendment PSA 27/1516 and Instrument of Certification C/T 171882/2 Manuka Road, Loorana
Agenda of Ordinary Council Meeting – 18 October 2016
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ITEM 4. ECONOMIC DEVELOPMENT
Reporting Economic Development Officer – Jenny Thorn
PURPOSE To present to Council, a report on Economic Development Activities for September 2016. KING ISLAND COUNCIL PRIORITY PROJECTS Airport Masterplan Implementation- the application for funding submitted to the Regional Revival Fund was unsuccessful. IMPLEMENTATION OF TOURISM DESTINATION ACTION PLAN Workforce Capability Study – the consultation phase is underway. The consultants’ first visit to King Island was useful in establishing a reference group and a meeting of employers to establish immediate challenges. Initial approaches to stakeholders have been made. The final report will propose solutions to existing gaps in workforce development and skills training and is expected to be delivered by end of November. Housing for workforce has emerged from the initial discussions as a major issue, under the current situation and it is expected to be critical as imminent developments progress. A snapshot of listings shows that there are no rental properties available on King Island under the current demand. Indications are there is no critical shortage of built property or vacant lots for sale but this does not offer an easy solution to the immediate workforce needs. Visitor Survey – an interim report for the six months April to September 2016 has been published. Indications are that visitor numbers are higher than previous years, despite the fact that the period covered the shoulder and low seasons. The effect of the Netherby 150 Commemoration event showed clearly. There was a spike in the usage of in ‘rented self-contained’ during the month of July, demonstrating the value to the economy of organised events during the shoulder and low season. TRAINING PROGRAMS TASTAFE are offering number of training opportunities to primary producers as a result of consultation and training surveys conducted by Skills Tasmania earlier in the year.
Recommendation:
That the Economic Development report be received.
Agenda of Ordinary Council Meeting – 18 October 2016
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ITEM 5. CRADLE COAST AUTHORITY
Reporting General Manager – David Laugher
Provided as an attachment to this report is the Agenda from the Cradle Coast Authority Representatives Meeting which was held on 22 September 2016 along with associated documents.
Recommendation:
That the Cradle Coast Authority report be received.
Agenda of Ordinary Council Meeting – 18 October 2016
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ITEM 6. CRADLE COAST AUTHORITY – COUNCIL REPRESENTATIVES
Reporting General Manager – David Laugher
PURPOSE
To review the appointment of Representatives on the Cradle Coast Authority. Mayor McFie and
Councillor Benn are the current nominated representatives for Council.
BUDGET IMPLICATIONS
There are no significant additional budget implications arising out of this decision.
BACKGROUND
As Council would be aware, there has been (and is) a significant governance review of the Cradle Coast
Authority under way with a view to improving the responsiveness to, and interaction with, member
Councils.
Arising out of these recommendations, which was endorsed by King Island Council, there has now been
a change to the Board structure. Mayor McFie has now been appointed to the Board (as a representative
of the smaller member Councils). A Board member cannot also hold a position on the representatives
Group.
SPECIFIC COMMENT
The governance review recommended that each Council give effect to a change to their Representatives
appointments, by appointing the Mayor and the General Manager respectively to the Representatives
Group. In the instance that the Mayor (or the General Manager) was precluded from appointment (by
virtue of their appointment to the Board) that the Deputy Mayor (or another senior staff member) be
appointed in their place.
The purpose of this overall strategy was to ensure that the profile and focus of the Authority was on
meeting the specific needs and directions of member Councils. It was also seen as important that
member Councils participated in and provided direction to the decision making of the Authority. As a
result, it was felt that the direct involvement of the Mayor (Deputy Mayor) and the General Manager was
an effective mechanism to ensure a high level of commitment to that engagement.
Recommendation:
That Council:
1. Formally determines to revoke all previous appointments to the Cradle Coast
Representatives Group; and
2. Appoint as its representatives the Deputy Mayor, and the General Manager
Agenda of Ordinary Council Meeting – 18 October 2016
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ITEM 7. CULTURAL CENTRE ADVISORY COMMITTEE – COUNCILLOR REPRESENTATIVES
Reporting General Manager – David Laugher
PURPOSE
To review the Councillor membership of this Special Committee of Council. Councillor Bowling is the
nominated representative of the Committee, but is not able to accommodate the meeting schedule
commitments.
BUDGET IMPLICATIONS
There are no budget implications arising out of this decision.
BACKGROUND
Council reviewed the structure of this Committee recently and determined to retain the forum as a
Special Committee of Council. A Councillor is appointed to each Special Committee.
SPECIFIC COMMENT
The Committee requested that the membership be reviewed and that Council appoint a Councillor.
Recommendation:
That Council:
1. Determine to appoint an elected member to this committee.
Agenda of Ordinary Council Meeting – 18 October 2016
Page 73 of 74
ITEM 8. STRATEGIC PLAN – QUARTERLY REPORT
Reporting General Manager – David Laugher
PURPOSE
To present for Council’s information the quarterly report on achievements against the performance
measures in the Strategic Plan.
BUDGET IMPLICATIONS
There are no budget implications arising from this report.
BACKGROUND
The Strategic Plan has a number of elements, with defined performance criteria measures built into the
document. These measures form an integral part of the operational management of Council, and a
consolidation report of these actions is presented to Council on a quarterly basis for information. This is
the first report of its kind presented to Council.
Future reports will continue to monitor and build on this progress and, collectively, will consolidate into
the annual report format in future years.
SPECIFIC COMMENT
The Strategic Plan (and associated budget) had a delayed implementation, and accordingly the resources
approved for allocation were not previously available. As a result there has been a delay in implementing
many of the initial strategies in the Plan.
The attached report therefore notes some of these delays and the anticipated progress report represents
this deferral.
Recommendation:
That Council:
1. Receive and note the first quarterly report against the Strategic Plan.
Agenda of Ordinary Council Meeting – 18 October 2016
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ITEM 9. DRAFT ANNUAL REPORT 2015/16
Reporting General Manager – David Laugher
SUMMARY
The Local Government Act 1993 all Councils must to prepare an annual report. Section 72(2)(d)
provides members of the public the opportunity to make submissions to Council in relation to the draft
report for discussion at the annual general meeting (scheduled for Tuesday 15 November 2016.)
The draft annual report for the year ended 2016 is presented for Council’s endorsement for public
release to allow submissions to be made. The draft report is provided as an attachment to the agenda.
The final audited financial statements and Auditor General’s report are included as an appendix to the
report.
Recommendation:
That Council endorse the draft annual report for the year ended 2016 for public release and
invite submissions to be made in accordance with section 72(2)(d) of the Local Government
Act 1993.