KING ISLAND COUNCIL · 2016-10-13 · Ordinary Meeting of the King Island Council Tuesday 18...

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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

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

Agenda of Ordinary Council Meeting – 18 October 2016

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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.

Agenda of Ordinary Council Meeting – 18 October 2016

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QUESTIONS ON NOTICE

Nil

QUESTIONS WITHOUT NOTICE

NOTICES OF MOTION

Nil

Agenda of Ordinary Council Meeting – 18 October 2016

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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.

Agenda of Ordinary Council Meeting – 18 October 2016

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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

Agenda of Ordinary Council Meeting – 18 October 2016

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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

Agenda of Ordinary Council Meeting – 18 October 2016

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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

Agenda of Ordinary Council Meeting – 18 October 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

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Oth

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even

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Co

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Oth

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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

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even

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s

Ra

tes

Intern

al

Em

plo

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Co

sts

Co

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cts, Materials an

d…

Oth

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Fina

nce

Co

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De

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YTD Income & Expenditure

Actual

Budget

Agenda of Ordinary Council Meeting – 18 October 2016

Page 20 of 74

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

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even

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s

Ra

tes

Intern

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Em

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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

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Oth

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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

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men

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Oth

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Intern

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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

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rants

Re

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men

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Oth

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Actual

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Agenda of Ordinary Council Meeting – 18 October 2016

Page 24 of 74

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

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Agenda of Ordinary Council Meeting – 18 October 2016

Page 25 of 74

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;

Agenda of Ordinary Council Meeting – 18 October 2016

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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

Agenda of Ordinary Council Meeting – 18 October 2016

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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

Agenda of Ordinary Council Meeting – 18 October 2016

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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.

Agenda of Ordinary Council Meeting – 18 October 2016

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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.

Agenda of Ordinary Council Meeting – 18 October 2016

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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.

Agenda of Ordinary Council Meeting – 18 October 2016

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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

Page 62 of 74

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

Page 63 of 74

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

Page 67 of 74

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

Page 68 of 74

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

Page 69 of 74

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

Page 71 of 74

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

Page 72 of 74

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

Page 74 of 74

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.