Minutes - Ulverstone, Penguin, North West Tasmania, Australia€¦ · Central Coast Council Opt-in program - performance of ‘Robin Hood the Vampire Slayer’ Penguin Miniature Railway

Minutes of an Ordinary Meeting

held at 6.00pm

13 December 2010

Note:

Minutes subject to confirmation at

a meeting of the Council to be held on

24 January 2011

INDEXINDEXINDEXINDEX 374/2010 Confirmation of minutes 375/2010 Council workshops 376/2010 Mayor’s communications 377/2010 Mayor’s diary 378/2010 Pecuniary interest declarations 379/2010 Public question time 380/2010 Councillor reports 381/2010 Leave of absence 382/2010 Deputations 383/2010 Petitions 384/2010 Councillors’ questions without notice 385/2010 Councillors’ questions on notice 386/2010 Development & Regulatory Services Determinations 387/2010 Development Support Special Committee meeting dates for 2011 388/2010 Council acting as a planning authority 389/2010 Combined application to rezone 4 Hope Street, Ulverstone from Residential

to Business and to use 4 Hope Street for storage purposes that are integral and subservient to an adjoining general retail use - Application No. COM2010.1

390/2010 Minutes and notes of committees of the Council and other organisations 391/2010 Annual General Meeting for the year ended 30 June 2010 392/2010 Declaration of poll following the holding of the 2010 Central Coast Council

by-election 393/2010 Declaration of office as Mayor and Councillor 394/2010 Declaration of poll following the holding of the election for the vacant

position of Deputy Mayor 395/2010 Declaration of office as Deputy Mayor following the holding of the election

for Deputy Mayor following the vacancy created by the 2010 by-election 396/2010 Public question time 397/2010 Schedule of Appointments to Statutory Bodies, Groups and Organisations,

Council and Special Committees, Community Advisory Groups and Working Groups (379/2005 – 21.11.2005 and 349/2009 – 03.11.2009)

398/2010 Corporate & Community Services determinations made under delegation 399/2010 Correspondence addressed to the Mayor and Councillors 400/2010 Common seal 401/2010 Financial statements 402/2010 Debtor remission - 63 Turners Beach Road, Forth (24/2010 – 25.01.2010) 403/2010 Use of the Council’s roads for Classic Tasmania/Rally Tasmania -

25 February 2011 404/2010 Engineering Services determinations 405/2010 Meeting closed to the public 406/2010 Minutes and notes of other organisations and committees of the Council 407/2010 Water and Sewerage Owners Representative process 408/2010 Regional Land Use Strategy – Draft Cradle Coast Regional Land Use Planning

Framework 2010-2030 409/2010 Sale of land at Export Drive, Ulverstone

Central Coast Council Minutes 13 December 2010 � 1

Minutes of an ordinary meeting of the Central Coast Council held in the Minutes of an ordinary meeting of the Central Coast Council held in the Minutes of an ordinary meeting of the Central Coast Council held in the Minutes of an ordinary meeting of the Central Coast Council held in the

Council Chamber at the Administration Council Chamber at the Administration Council Chamber at the Administration Council Chamber at the Administration Centre, 19 King Edward Street, Centre, 19 King Edward Street, Centre, 19 King Edward Street, Centre, 19 King Edward Street,

Ulverstone on MondayUlverstone on MondayUlverstone on MondayUlverstone on Monday, , , , 13 December13 December13 December13 December 2010 commencing at 6.002010 commencing at 6.002010 commencing at 6.002010 commencing at 6.00pmpmpmpm....

Councillors attendanceCouncillors attendanceCouncillors attendanceCouncillors attendance

Cr Jan Bonde (Mayor) Cr Lionel Bonde

Cr Garry Carpenter Cr John Deacon

Cr Amanda Diprose Cr Cheryl Fuller

Cr Ken Haines Cr Gerry Howard

Cr Brian Robertson Cr Tony van Rooyen

Cr Philip Viney

Councillors apologiesCouncillors apologiesCouncillors apologiesCouncillors apologies

Cr David Dry

Employees attendanceEmployees attendanceEmployees attendanceEmployees attendance

General Manager (Ms Sandra Ayton)

Acting Director Corporate & Community Services (Mr Cor Vander Vlist)

Director Development & Regulatory Services (Mr Michael Stretton)

Engineering Group Leader (Mr Paul Breaden)

Executive Services Officer (Miss Lisa Mackrill)

Town Planner (Mr Thomas Reilly)

Media attendanceMedia attendanceMedia attendanceMedia attendance

The Advocate newspaper.

Public attendancePublic attendancePublic attendancePublic attendance

Two members of the public attended during the course of the meeting.

PrayerPrayerPrayerPrayer

The meeting opened in Prayer.

2222 � Central Coast Council Minutes – 13 December 2010

CONFIRMATION OF MINUTES OF THE COUNCILCONFIRMATION OF MINUTES OF THE COUNCILCONFIRMATION OF MINUTES OF THE COUNCILCONFIRMATION OF MINUTES OF THE COUNCIL

374/2010374/2010374/2010374/2010 Confirmation of minutesConfirmation of minutesConfirmation of minutesConfirmation of minutes

The Executive Services Officer reported as follows:

“The minutes of the previous ordinary meeting of the Council held on 15 November

2010 have already been circulated. The minutes are required to be confirmed for

their accuracy.

The Local Government (Meeting Procedures) Regulations 2005 provide that in

confirming the minutes of a meeting, debate is allowed only in respect of the

accuracy of the minutes.”

� Cr Robertson moved and Cr Diprose seconded, “That the minutes of the previous

ordinary meeting of the Council held on 15 November 2010 be confirmed.”

Carried unanimously

COUNCIL WORKSHOPSCOUNCIL WORKSHOPSCOUNCIL WORKSHOPSCOUNCIL WORKSHOPS

375/2010375/2010375/2010375/2010 Council workshopsCouncil workshopsCouncil workshopsCouncil workshops


“The following council workshops have been held since the last ordinary meeting of

the Council.

. 29.11.2010 - Waste Management/Central Coast Planning Scheme

This information is provided for the purpose of record only.”

� Cr Howard moved and Cr Viney seconded, “That the Officer’s report be received.”

Carried unanimously

MAYOR’S COMMUNICATIONSMAYOR’S COMMUNICATIONSMAYOR’S COMMUNICATIONSMAYOR’S COMMUNICATIONS

376/2010376/2010376/2010376/2010 Mayor’s communicationsMayor’s communicationsMayor’s communicationsMayor’s communications

The Mayor reported as follows:


“I have no communications at this time.”

377/2010377/2010377/2010377/2010 Mayor’s diaryMayor’s diaryMayor’s diaryMayor’s diary


“I have attended the following events and functions on behalf of the Council:

▪ K Mart - official launch of Wishing Tree Appeal (Devonport)

▪ Local Government Association Tasmania - General Meeting (Launceston)

▪ Local Government Association Tasmania - Mayor’s Dinner (Launceston)

▪ Local Government Association Tasmania - Mayor’s Workshop (Launceston)

▪ Ulverstone Community House - committee meeting

▪ Central Coast Council Opt-in program - performance of ‘Robin Hood the

Vampire Slayer’

▪ Penguin Miniature Railway - 20th birthday celebrations and launch of storage

shed art work

▪ Ulverstone Judo Club - Invitational Championship medal presentation

▪ Cradle Coast Authority - annual general meeting (Wynyard)

▪ Cradle Coast Authority - Representatives meeting (Wynyard)

▪ Central Coast Council staff meeting

▪ The Institute of Regional Development Cradle Coast Campus UTAS and Food

Connections Tasmania - Make it to Market Research Report - launch and

workshop (Burnie)

▪ Mersey-Leven Emergency Management Committee - meeting

▪ Leo Club of Penguin - meeting re 2011 Clean Up Australia Day event

▪ Local Government Managers Australia (Tasmania) - workshop re Negotiating

Political and Managerial Roles and Responsibilities in Australian Local

Government (Launceston)

▪ Ulverstone Senior Citizens Club - Christmas lunch

▪ Slipstream Circus - 10th birthday party

▪ Telstra - Pollies Surf Boat Challenge (Burnie)

▪ Central Coast Council Opt-in program - charity bike ride cheque presentation

▪ Cradle Coast Authority - Council briefings re Regional Land Use Framework/

Statewide Waste Levy

▪ Ulverstone and Penguin Visitor Information Centres - Volunteers Christmas

lunch

▪ Central Coast Chamber of Commerce & Industry - meet and greet function

▪ Central Coast Council - Coastcare Week 2010 - barbecue and recognition of

local Coastcare groups

▪ Motton-Preston Scout Group - end of year family night

▪ Marist Regional College - speech night (Burnie)


▪ Enormity Inc. - 2010 Santa Run

▪ UTAS Cradle Coast Campus - graduation ceremony (Burnie)

▪ Penguin Carols by Candlelight

▪ Penguin Primary School - Grade 6 leavers assembly

▪ Central Coast Adult Day Centre - Volunteer thankyou afternoon tea and

opening of phase 2 of the Outdoor Project.

Cr Brian Robertson has represented me at the following event:

. Cricket Tasmania - Ryobi One-Day Cup VIP Cricket luncheon (Burnie).

Cr Cheryl Fuller has represented me at the following event:

. The Penguin Leo Club - 40th anniversary masquerade ball.

Cr Ken Haines has represented me at the following events:

. RAAF Association (Tasmanian Division) - end-of-year dinner

. The Penguin Over 70s Christmas luncheon

. St John Ambulance - Ulverstone Cadet presentation night.

Cr Philip Viney has represented me at the following event:

. Mens Probus Club of Ulverstone - Christmas luncheon.”

Cr Haines reported as follows.

“I attended the following luncheon on behalf of the Council:

. Ten Days on the Island launch.”

� Cr Deacon moved and Cr Haines seconded, “That the Mayor’s and Cr Haines’ report be

received.”

Carried unanimously

378/2010378/2010378/2010378/2010 Pecuniary Pecuniary Pecuniary Pecuniary interest declarationsinterest declarationsinterest declarationsinterest declarations


“Councillors are requested to indicate whether they have, or are likely to have, a

pecuniary interest in any item on the agenda.”



“The Local Government Act 1993 provides that a councillor must not participate at

any meeting of a council in any discussion, nor vote on any matter, in respect of

which the councillor has an interest or is aware or ought to be aware that a close

associate has an interest.

Councillors are invited at this time to declare any interest they have on matters to

be discussed at this meeting. If a declaration is impractical at this time, it is to be

noted that a councillor must declare any interest in a matter before any discussion

on that matter commences.

All interests declared will be recorded in the minutes at the commencement of the

matter to which they relate.”

No interests were declared at this time.

379/2010379/2010379/2010379/2010 Public question timePublic question timePublic question timePublic question time


“At 6.40pm or as soon as practicable thereafter, a period of not more than

30 minutes is to be set aside for public question time during which any member of

the public may ask questions relating to the activities of the Council.

Public question time will be conducted as provided by the Local Government

(Meeting Procedures) Regulations 2005 and the supporting procedures adopted by

the Council on 20 June 2005 (Minute No. 166/2005).”

COUNCILLOR REPORTSCOUNCILLOR REPORTSCOUNCILLOR REPORTSCOUNCILLOR REPORTS

380/2010380/2010380/2010380/2010 Councillor reportsCouncillor reportsCouncillor reportsCouncillor reports


“Councillors who have been appointed by the Council to community and other

organisations are invited at this time to report on actions or provide information

arising out of meetings of those organisations.

Any matters for decision by the Council which might arise out of these reports

should be placed on a subsequent agenda and made the subject of a considered

resolution.”

Cr Deacon reported on a Central Coast Chamber of Commerce function.


Cr Howard reported on a meeting of the Ulverstone Local History Museum Committee.

Cr Diprose reported on a meeting of the East Ulverstone Pool Management Committee.

Cr Robertson reported on a local fire fighters meeting.

APPLICATIONS FOR LEAVE OF ABSENCEAPPLICATIONS FOR LEAVE OF ABSENCEAPPLICATIONS FOR LEAVE OF ABSENCEAPPLICATIONS FOR LEAVE OF ABSENCE

381/2010381/2010381/2010381/2010 Leave of absenceLeave of absenceLeave of absenceLeave of absence


“The Local Government Act 1993 provides that the office of a councillor becomes

vacant if the councillor is absent without leave from three consecutive ordinary

meetings of the council.

The Act also provides that applications by councillors for leave of absence may be

discussed in a meeting or part of a meeting that is closed to the public.

There are no applications for consideration at this meeting.”

DEPUTATIONSDEPUTATIONSDEPUTATIONSDEPUTATIONS

382/2010382/2010382/2010382/2010 DeputationsDeputationsDeputationsDeputations


“No requests for deputations to address the meeting or to make statements or

deliver reports have been made.”

PETITIONSPETITIONSPETITIONSPETITIONS

383/2010383/2010383/2010383/2010 PetitionsPetitionsPetitionsPetitions


“No petitions under the provisions of the Local Government Act 1993 have been

presented.”


COUNCILLORS’ QUESTIONSCOUNCILLORS’ QUESTIONSCOUNCILLORS’ QUESTIONSCOUNCILLORS’ QUESTIONS

384/2010384/2010384/2010384/2010 Councillors’ questions without noticeCouncillors’ questions without noticeCouncillors’ questions without noticeCouncillors’ questions without notice


“The Local Government (Meeting Procedures) Regulations 2005 provide as follows:

‘29 (1) A councillor at a meeting may ask a question without notice of the

chairperson or, through the chairperson, of –

(a) another councillor; or

(b) the general manager.

(2) In putting a question without notice, a councillor must not –

(a) offer an argument or opinion; or

(b) draw any inferences or make any imputations –

except so far as may be necessary to explain the question.

(3) The chairperson must not permit any debate of a question without

notice or its answer.

(4) The chairperson, councillor or general manager who is asked a

question without notice may decline to answer the question.

(5) The chairperson may refuse to accept a question if it does not relate

to the activities of the council.

(6) Questions without notice, and any answers to those questions, are

not required to be recorded in the minutes.

(7) The chairperson may require a councillor to put a question without

notice in writing.’

If a question gives rise to a proposed matter for discussion and that matter is not

listed on the agenda, Councillors are reminded of the following requirements of the

Regulations:

‘8 (5) Subject to subregulation (6), a matter may only be discussed at a

meeting if it is specifically listed on the agenda of that meeting.


(6) A council by absolute majority… may decide at an ordinary meeting

to deal with a matter that is not on the agenda if the general

manager has reported –

(a) the reason it was not possible to include the matter on the

agenda; and

(b) that the matter is urgent; and

(c) that (qualified) advice has been provided under section 65 of

the Act.’

Councillors who have questions without notice are requested at this time to give an

indication of what their questions are about so that the questions can be allocated

to their appropriate Departmental Business section of the agenda.”

The allocation of topics ensued.

385/2010385/2010385/2010385/2010 Councillors’ questions on noticeCouncillors’ questions on noticeCouncillors’ questions on noticeCouncillors’ questions on notice


“The Local Government (Meeting Procedures) Regulations 2005 provide as follows:

‘30 (1) A councillor, at least 7 days before an ordinary meeting of a council

or council committee, may give written notice to the general manager of a

question in respect of which the councillor seeks an answer at that meeting.

(2) An answer to a question on notice must be in writing.’

It is to be noted that any question on notice and the written answer to the question

will be recorded in the minutes of the meeting as provided by the Regulations.

Any questions on notice are to be allocated to their appropriate Departmental

Business section of the agenda.

No questions on notice have been received.”

D E V E L O P M E N T & R E G U L A T O R Y S E R V I C E S


DEPARTMENTAL BUSINESSDEPARTMENTAL BUSINESSDEPARTMENTAL BUSINESSDEPARTMENTAL BUSINESS

DEVELOPMENT & REGULATORY SERVICES

386/2010386/2010386/2010386/2010 Development & Regulatory Services DeterminationsDevelopment & Regulatory Services DeterminationsDevelopment & Regulatory Services DeterminationsDevelopment & Regulatory Services Determinations

The Director Development & Regulatory Services reported as follows:

“A Schedule of Development & Regulatory Services Determinations made during the

month of November 2010 is submitted to the Council for information. The

information is reported in accordance with approved delegations and

responsibilities.”


“A copy of the Schedule has been circulated to all Councillors.”

� Cr Robertson moved and Cr van Rooyen seconded, “That the Schedule of Development &

Regulatory Services Determinations (a copy being appended to and forming part of the

minutes) be received.”

Carried unanimously

387/2010387/2010387/2010387/2010 Development Support Special Committee meeting dates for 2011Development Support Special Committee meeting dates for 2011Development Support Special Committee meeting dates for 2011Development Support Special Committee meeting dates for 2011


“PURPOSE

To determine meeting dates for the Development Support Special Committee (DSSC)

for the 2011 calendar year.

BACKGROUND

The DSSC was initially appointed by the Council on 9 October 2000 (Minute No.

416/2000. On 5 February 2001 (Minute No. 43/2001) and 2 July 2001 (Minute No.

241/2001) its terms of appointments were amended and confirmed. These were

again reviewed and confirmed on 18 July 2005 (Minute No. 210/2005).

The provisions of the Local Government Act 1993 have given the Council the

flexibility to appoint and authorise a committee that has been able to make

planning and development determinations in a more timely and effective manner



than under the constraints of the timeframe and meeting procedure of ordinary

meetings of the Council.

DSSC meetings are generally held on the second and last Mondays of each month.

DISCUSSION

Where possible, meetings in 2011 have been scheduled on the second and last

Mondays of each month. However, where public holidays fall on a Monday, the

DSSC meetings have been scheduled on the next available working day. These

include:

. Tuesday, 15 March

. Wednesday, 27 April

. Tuesday, 14 June

. Tuesday, 8 November.

Additionally, due to conflicting dates with the 12 December Ordinary Council

meeting, any agenda items that would ordinarily go to the DSSC meeting will go to

the Ordinary Council meeting.

CONSULTATION

Consultation is not required for this matter.

IMPACT ON RESOURCES

There is no impact on resources other than staff time.

CORPORATE COMPLIANCE

The Central Coast Strategic Plan 2009-2014 includes the following strategies and

key actions:

Council Sustainability and Governance

. Effective communication and engagement

. Improve corporate governance

. Improve service provision

CONCLUSION

It is recommended that the following dates be set for 2011 DSSC meetings (all

Mondays unless otherwise noted):



10 January 31 January

14 February 28 February

15 March (Tuesday) 28 March

11 April 27 April (Wednesday)

9 May 30 May

14 June (Tuesday) 27 June

11 July 25 July

8 August 29 August

12 September 26 September

10 October 31 October

8 November (Tuesday) 28 November

12 December – Council meeting.”

� Cr Haines moved and Cr van Rooyen seconded, “That the following dates be set for 2011

Development Support Special Committee meetings (all Mondays unless otherwise noted):

10 January 31 January

14 February 28 February

15 March (Tuesday) 28 March

11 April 27 April (Wednesday)

9 May 30 May

14 June (Tuesday) 27 June

11 July 25 July

8 August 29 August

12 September 26 September

10 October 31 October

8 November (Tuesday) 28 November

12 December – Council meeting.”

Carried unanimously

383838388888/2010/2010/2010/2010 Council acting as a planning authorityCouncil acting as a planning authorityCouncil acting as a planning authorityCouncil acting as a planning authority


“The Local Government (Meeting Procedures) Regulations 2005 provide that if a

council intends to act at a meeting as a planning authority under the Land Use

Planning and Approvals Act 1993, the chairperson is to advise the meeting

accordingly.

The Director Development & Regulatory Services has submitted the following report:



‘If any such actions arise out of Minute No. 389/2010, they are to be dealt

with by the Council acting as a planning authority under the Land Use

Planning and Approvals Act 1993.’”


“Councillors are reminded that the Local Government (Meeting Procedures)

Regulations 2005 provide that the general manager is to ensure that the reasons for

a decision by a council acting as a planning authority are recorded in the minutes.”

� Cr Deacon moved and Cr Howard seconded, “That the Mayor’s report be received.”

Carried unanimously

389389389389/2010/2010/2010/2010 Combined application to rezone 4 Hope Street, Ulverstone from Residential Combined application to rezone 4 Hope Street, Ulverstone from Residential Combined application to rezone 4 Hope Street, Ulverstone from Residential Combined application to rezone 4 Hope Street, Ulverstone from Residential

to Business and to use 4 Hope Street for storto Business and to use 4 Hope Street for storto Business and to use 4 Hope Street for storto Business and to use 4 Hope Street for storage purposes that are integral age purposes that are integral age purposes that are integral age purposes that are integral

and subservient to an adjoining general retail use and subservient to an adjoining general retail use and subservient to an adjoining general retail use and subservient to an adjoining general retail use ---- Application No. Application No. Application No. Application No.

COM2010.1COM2010.1COM2010.1COM2010.1


“The Town Planner has prepared the following report:

‘AMENDMENT NO.: COM2010.1

OWNER: O J Maney (current registered owner but

soon to be Roberts Limited (Roberts)

APPLICANT: GHD Pty Ltd

LOCATION: 4 Hope Street, Ulverstone (the Site), related

site is 38 Alexandra Road, Ulverstone

CURRENT ZONING: Residential

PROPOSED ZONING: Business

PLANNING INSTRUMENT: Central Coast Planning Scheme 2005 (the

Scheme)

LEGISLATION: Land Use Planning and Approvals Act 1993

(the Act)

PURPOSE

The purpose of this report is to consider an application under s.43 of the Act

for a combined application to rezone the Site from Residential to Business

and, once that rezoning has taken place, to use the Site for storage purposes

that are integral and subservient to an adjoining general retail use.



Part 1 of the report assesses the rezoning against the Act. Part 2 assesses

the storage use against the Scheme as if the rezoning had taken place.

BACKGROUND

A copy of the application is provided at Annexure 1. Annexure 2 is the draft

amendment.

Roberts has purchased the Site and now seek a rezoning to allow their

existing storage yard to be expanded. The extra space that the Site provides

is intended be used for storage of goods, staff parking and pick-up and

deliveries.

Expansion of the storage yard is prohibited while the Site is in the

Residential Zone.

DISCUSSION

Site and surrounds -

The Site is flat, rectangular, vacant land with an area of 728m2. A house was

approved on the Site in 1951 but was not built. The only known use of the

Site in the last 30 years was as a market garden.

The Site is in the Residential Zone of the Scheme (see Figure 1), which does

not permit storage or business and professional services of the type being

proposed. The proposed Business Zone does permit such uses.



The immediate locality surrounding the Site comprises a mix of established

businesses and residential development (see Figure2).

PART 1 – ASSESSMENT OF THE REZONING AGAINST THE ACT

S.32(1)(a) – the Act

‘(1) An amendment of a planning scheme –

(a) must seek to further the objectives set out in Schedule 1; …’

Schedule 1, Part 1 – Objectives of the Resource Management and Planning

System of Tasmania

‘(a) to promote the sustainable development of natural and physical

resources and the maintenance of ecological processes and genetic

diversity;’



The Site is within an urbanised area of Ulverstone, used for commercial,

business and residential purposes since the 1950’s. No significant

ecological processes or genetic diversity values are present on the Site. The

sustainability of future development of physical resources is a matter to be

addressed by planning the controls in place at the time such development is

proposed.

‘(b) to provide for the fair, orderly and sustainable use and development

of air, land and water;’

Fair -

Land - Fairness relates to the public distribution of benefits and burdens.

Given that the opportunity to develop the land for residential or business

purposes has been open to the market for many years but has not been

acted upon, granting an opportunity to develop the land for business

purposes would not be unfair.

Air – The Scheme contains controls in the Business Zone provisions that

adequately address any concerns relating to air quality (see 12.3.1 A1 and

P1). Accordingly fair use of air can adequately be addressed at the time such

development is proposed.

Water – There are no foreseeable issues relating to the fair use of water.

Orderly -

Air, land and water - Matters happen in order if they happen in a sequence

according to established rules (OED). Therefore, order is addressed by the

requirements of the Act. Settlement patterns usually grow out from the

centre, and the proposal is consistent with this pattern.

Sustainable -

Air, land and water – The proposal is within the existing services network.

Rezoning will not lead to foreseeable issues relating to the sustainable use

or development of air land or water.

‘(c) to encourage public involvement in resource management and

planning;’

Public involvement will be encouraged through the statutory notification,

representation and hearing processes provided for in the Act.



‘(d) to facilitate economic development in accordance with the objectives

set out in paragraphs (a), (b) and (c);’

There is a nexus between rezoning and economic development. The

proposal will facilitate the economic development of Roberts by allowing

greater space for expansion. Roberts provides for many of the agricultural

needs of the broader community.

‘(e) to promote the sharing of responsibility for resource management

and planning between the different spheres of Government, the

community and industry in the State.’

The onus of responsibility for resource management and planning is on

established service providers and authorities. The process as provided for in

s.43 of the Act enables sharing of that responsibility.

Schedule 1, Part 2 – Objectives of the Resource Management and Planning

System of Tasmania

‘(a) to require sound strategic planning and co-ordinated action by State

and local government;’

The proposal is relevant to the following strategic planning principles of the

Council:

. Clause 2.1(a) - Residential, commercial, industrial and community

facilities are to be concentrated in the existing urban areas.

The Site adjoins the existing Business Zone and is within an existing urban

area.

. Clause 2.1(d) - A safe vehicular and pedestrian network throughout

the planning area is to be encouraged.

Currently, the cul-de-sac at the end of Hope Street serves as the pick-up

and delivery site for Roberts. Delivery trucks are loaded and unloaded by

forklift in the cul-de-sac. It is also used by Roberts and the hardware store

formerly owned by Gunns Ltd for the parking of employee vehicles. Amidst

this activity, people walk and drive through the laneway between Roberts and

the former Carpets Central site to get access between Alexandra Road and

Hope Street. This may be a significant safety risk but there is no evidence

provided by the applicant in relation to this. The proposal aims to relieve

the congestion and these possible safety risks in the cul-de-sac by moving



Roberts’ employee parking and pick-up and delivery activities off the street

and onto the Site.

‘(b) to establish a system of planning instruments to be the principal way

of setting objectives, policies and controls for the use, development

and protection of land;’

The proposed rezoning is not of a scale to warrant any change to the

existing system of planning instruments. For the purposes of this

application, the existing and applicable objectives, policies and controls are

adequate to appropriately manage the use, development and protection of

this land.

‘(c) to ensure that the effects on the environment are considered and

provide for explicit consideration of social and economic effects when

decisions are made about the use and development of land;’

This Objective is relevant but issues are addressed in this report under

Schedule 1, Part 1, Objective (d) and Schedule 1, Part 2, Objective (f).

‘(d) to require land use and development planning and policy to be easily

integrated with environmental, social, economic, conservation and

resource management policies at State, regional and municipal

levels;’

The proposed rezoning is not of such a scale to warrant assessment of the

way in which land use and development planning and policy is integrated

with environmental, social, economic, conservation and resource

management policies at State, regional and municipal levels. For the

purposes of this application, the existing and applicable system of

integration is adequate.

‘(e) to provide for the consolidation of approvals for land use or

development and related matters, and to co-ordinate planning

approvals with related approvals;’

The rezoning has been assessed against the Act. Consideration has been

given to the Environmental Management and Pollution Control Act 1994

(EMPCA), the Water and Sewerage Industry Act 2008, and the State Policies

and Projects Act 1993.

‘(f) to secure a pleasant, efficient and safe working, living and

recreational environment for all Tasmanians and visitors to

Tasmania;’



Rezoning and subsequent use of the Site will allow activities to be closer

than they currently are to 6 Hope Street (immediately south of the Site). The

standard of residential amenity currently enjoyed by the inhabitants of the

dwelling at 6 Hope Street is already somewhat affected by the current

activities in the vicinity. Noises include forklift operation, car and truck

activity, human voices, or general storage yard noise. Odours may include

fertilisers, refuse and diesel fumes. Light spillage may occur from security

lighting or floodlighting. The Business Zone provisions of the Scheme may

not adequately address such concerns so regulation of any potential

environmental nuisances would be through the provisions of EMPCA.

Activities on the Site are not expected to be outside the current operating

hours of Roberts Limited of 8:00am – 5:30pm Monday to Friday and 8:30am

– 11:30am Saturday. However, once the Site is in the Business Zone, use of

the Site is permitted between the hours of 7:00am and 9:00pm daily (see

Clause 12.3.1 of the Scheme). In the event that an application was made to

extend operating hours on the Site beyond what currently occurs but within

the 7:00am – 9:00pm daily limit in the Scheme, regulation of any potential

environmental nuisances would be through the provisions of EMPCA.

The impact on 1 Hope Street (immediately east) is likely to be lesser because

the current activities will be further away.

The proposal is not likely to lead to an intensification of traffic on

Hope Street and will improve traffic circulation and congestion circumstances

in the cul-de-sac. Therefore, there is a negligible impact or possible

improvement on residential amenity enjoyed by the other residents of

Hope Street.

‘(g) to conserve those buildings, areas or other places which are of

scientific, aesthetic, architectural or historical interest, or otherwise

of special cultural value;’

The land has no known scientific, aesthetic, architectural, historical, or

special cultural value.

‘(h) to protect public infrastructure and other assets and enable the

orderly provision and co-ordination of public utilities and other

facilities for the benefit of the community;’

Existing sewer and stormwater infrastructure can adequately service the

proposed development.



S.32(1)(b) – the Act


(a) …

(b) must be prepared in accordance with State Policies made

under section 11 of the State Policies and Projects Act 1993;

…’

State Coastal Policy 1996 -

The Site is within one kilometre of the coast (950m). Therefore, the State

Coastal Policy applies. However, it is within an area of the township that has

been used for commercial, business and residential purposes since the

1950’s and no significant coastal values that are identified in the State

Coastal Policy are present on the Site.

State Policy on Water Quality Management 1997 -

The State Policy on Water Quality Management relates to the planning and

design of stormwater and sewage infrastructure and to protect surface and

ground water resources from pollution. There are no records that indicate

existing problems with the management of stormwater or sewerage in this

location.

National Environmental Protection Measures -

In accordance with s.12A of the State Policies and Projects Act 1993, a

national environmental protection measure is taken to be a State Policy.

Therefore, the following need to be considered:

. Ambient Air Quality June 2002;

. Diesel Vehicle Emission 2001;

. Assessment of Site Contamination 1999;

. Used Packaging Materials 1999;

. Movement of Controlled Waste Between States and Territories 1998;

. National Pollutant Inventory June 2000.

No formal assessment of the Site has been made to ascertain any

contamination issues, but given its past uses it is highly unlikely it is

contaminated. There are no foreseeable issues relating to compliance with

the National Environmental Protection Measures.



S.32(1)(e) – the Act


(a) …

(b) …

(c) …

(d) …

(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; …’

The provision is relevant but issues are addressed in this report under

Schedule 1, Part 2, Objective (f).

S.32(1)(f) – the Act


(a) …

(b) …

(c) …

(d) …

(e) …

(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 provision is relevant but issues are addressed in this report under

Schedule 1, Part 1, Objective (d).

PART 2 - ASSESSMENT OF THE STORAGE USE AGAINST THE SCHEME AS IF

THE REZONING HAD TAKEN PLACE

The following table is an assessment against the relevant Scheme provisions:



CLAUSE ASSESSMENT AND COMMENT

OBJECTIVES FOR PLANNING

2.0 - Objectives for

planning

Complies.

The proposal is consistent with the Objectives for

Planning, particularly 2.1(a) and (d), which are

that:

(a) Residential, commercial, industrial and

community facilities are to be concentrated

in the existing urban areas.

(d) A safe vehicular and pedestrian network

throughout the planning area is to be encouraged.

ZONE STANDARDS (Business Zone)

12.1 - Zone purpose Complies.

The purposes of the Business Zone are:

12.1.1 To provide for retailing, offices and community services in a concentrated area.

[See assessment of Schedule 1, Part 2 – Objectives

(a).]

12.1.2 To provide for the safety, comfort and enjoyment of workers, residents and

visitors through the provision of good quality spaces and effective urban design.

[See assessment of Schedule 1, Part 2 – Objectives

(a).]

Table of Use Complies.

General retail and hire is a permitted use.

The storage use is integral and subservient to the

retail use of the Site and so is categorized in the

Table of Use as General retail and hire (see also

Clause 4.6.1 of the Scheme).



USE STANDARDS

12.3.1 – Hours of

operation

Complies.

The application does not propose to extend the

existing operating hours of 8:00am – 5:30pm

Monday to Friday and 8:30am – 11:30am

Saturday.

DEVELOPMENT STANDARDS

12.4.3 A1 – A3

Building design and

siting

Not applicable.

No building is proposed.

12.4.4 A1 – Access

and services

Condition.

Access and stormwater matters are addressed by

permit conditions on recommendation of the

Environmental Engineer.

Sewer and reticulated water matters will be

addressed by Cradle Mountain Water.

Telecommunications and electricity to be

addressed by service provider at the time

development takes place on the site.

12.4.5 A1 – Crime

prevention

Not applicable.

12.4.6 – Delivery

areas

Complies.

The proposal will move existing delivery areas

onto the Site which will be accessible from the

premises and separate from public areas.

12.4.7 – Refuse

storage

Condition.

Compliance comes from a condition requiring that

refuse is accessible for collection and not visible

from public areas.



Car Parking Complies.

Seven on-site car parks are required for

employees. Compliance can be achieved by a

standard condition requiring designation of those

seven spaces on the Site.

CONSULTATION

The application will be advertised as required by the Act.

IMPACT ON RESOURCES

The application requires Council staff time and administrative costs

associated with the statutory processes required by the Act. There are no

other foreseeable impacts on resources.


The Central Coast Strategic Plan 2009-2014 includes the following strategies

and key actions:

The Shape of the Place

. Adopt an integrated approach to land use planning

The Environment and Sustainable Infrastructure

. Contribute to a safe and healthy environment

The proposal is consistent with these strategies and key actions.

CONCLUSION

The rezoning component of the application is in order and has sufficient

merit to initiate the amendment process.

The use of the Site for storage purposes that are integral and subservient to

the adjoining retail use complies with the Scheme and, subject to a rezoning

being approved by the Tasmanian Planning Commission, is recommended

for conditional approval.

Recommendation -

It is recommended that:



. the draft amendment, identified as Amendment No. 4/2010 (copy

attached) be initiated to the Central Coast Planning Scheme 2005 to

rezone 4 Hope Street, Ulverstone from Residential to Business; and

. the Council certify that the draft amendment meets the requirements

of s.32 of the Land Use Planning and Approvals Act 1993; and

. the Council approve the proposed development subject to the

following conditions and notes:

Conditions

1 The development must be undertaken in accordance with the

application for the permit unless altered by the conditions of the

permit.

2 Unless a subsequent permit is granted extending operating hours of

the site, the proposed use must not operate before 8:00am and after

5:30pm Monday to Friday and must not operate before 8:30am and

after 11:30am Saturday.

3 Refuse storage areas must be accessible for collection and not visible

from public areas.

4 Any new access and driveway must be constructed in accordance with

Standard Drawing SD-1003 Urban Roads - Typical Vehicle Crossing

(copy to be enclosed with the permit), noting that any work

associated with the road, kerb crossover or footpath infrastructure

will be undertaken by the Council at the property owner's cost, unless

alternative arrangements are approved by the Council's Director

Engineering Services, or his representative.

5 Any access and driveway made redundant by the proposed

development must be removed and the road, kerb and channel,

footpath and verge reinstated to the satisfaction of the Council's

Director Engineering Services, noting that any work associated with

the road, kerb crossover or footpath infrastructure will be undertaken

by the Council at the property owner's cost, unless alternative

arrangements are approved by the Council's Director Engineering

Services, or his representative.

6 The activity endorsed by the permit must be carried out in accordance

with the requirements of the Environmental Management and

Pollution Control Act 1994, and Regulations made thereunder.



7 No sound or light is to be emitted from any device or from any source

or activity on the land so as to become a proven environmental

nuisance to the occupiers of properties nearby.

8 No liquids other than unpolluted rain water are to be allowed to

discharge or drain to the Council's stormwater system or receiving

water bodies or watercourses.

9 No dust or odour is to be emitted from any source or activity on the

land so as to become a proven environmental nuisance to the

occupiers of properties nearby.

10 If the area is to be used for the storage of potentially contaminating

liquids the area must be fully sealed and bunded.

11 All solid/inert waste material generated by the activity is to be either

appropriately disposed of to a Council waste disposal facility or

reclaimed/recycled if possible.

Notes

A The size and location of the proposed access should be discussed

with the Council’s Environmental Engineer prior to the undertaking of

any works.

B This Planning Permit does not provide approval for changes to

parking in the Hope Street cul-de-sac area as indicated on GHD

Drawing No. 32-15443-A002(Rev.A). Any changes to the parking

situation will be the subject of further discussion and consideration

by the Council’s Engineering Services Department.

C A Road Reserve Permit must be issued by the Council’s Public Safety

Officer, or his representative, prior to any works or activity being

undertaken within the road reservation. Application forms are

available from the Council’s Engineering Services Department, and a

fee applies.

D Any works associated with existing footpaths, kerb and channel,

roads, naturestrips, stormwater infrastructure or other Council

services will be undertaken by the Council, unless alternative

arrangements are approved by the Council’s Director Engineering

Services, or his representative.



E Any damage or disturbance to footpaths, kerb and channel, roads,

naturestrips, stormwater infrastructure or existing services must be

rectified, noting that this work will be undertaken by the Council at

the owner’s/developer’s/applicant’s expense, unless alternative

arrangements are approved by the Council’s Director Engineering

Services, or his representative.’

The report is supported.”


“The annexures referred to in the Town Planner’s report and Amendment 4/2010

have been circulated to all Councillors.”

� Cr Deacon moved and Cr van Rooyen seconded, “That:

. the draft amendment, identified as Amendment No. 4/2010 (a copy being appended

to and forming part of the minutes) be initiated to the Central Coast Planning

Scheme 2005 to rezone 4 Hope Street, Ulverstone from Residential to Business; and

. the Council certify that the draft amendment meets the requirements of s.32 of the

Land Use Planning and Approvals Act 1993; and

. the Council approve the proposed development subject to the following conditions

and notes:

Conditions

1 The development must be undertaken in accordance with the application for the

permit unless altered by the conditions of the permit.

2 Unless a subsequent permit is granted extending operating hours of the site, the

proposed use must not operate before 8:00am and after 5:30pm Monday to Friday

and must not operate before 8:30am and after 11:30am Saturday.

3 Refuse storage areas must be accessible for collection and not visible from public

areas.

4 Any new access and driveway must be constructed in accordance with Standard

Drawing SD-1003 Urban Roads - Typical Vehicle Crossing (copy to be enclosed with

the permit), noting that any work associated with the road, kerb crossover or

footpath infrastructure will be undertaken by the Council at the property owner's

cost, unless alternative arrangements are approved by the Council's Director




5 Any access and driveway made redundant by the proposed development must be

removed and the road, kerb and channel, footpath and verge reinstated to the

satisfaction of the Council's Director Engineering Services, noting that any work

associated with the road, kerb crossover or footpath infrastructure will be

undertaken by the Council at the property owner's cost, unless alternative

arrangements are approved by the Council's Director Engineering Services, or his

representative.

6 The activity endorsed by the permit must be carried out in accordance with the

requirements of the Environmental Management and Pollution Control Act 1994,

and Regulations made thereunder.

7 No sound or light is to be emitted from any device or from any source or activity on

the land so as to become a proven environmental nuisance to the occupiers of

properties nearby.

8 No liquids other than unpolluted rain water are to be allowed to discharge or drain

to the Council's stormwater system or receiving water bodies or watercourses.

9 No dust or odour is to be emitted from any source or activity on the land so as to

become a proven environmental nuisance to the occupiers of properties nearby.

10 If the area is to be used for the storage of potentially contaminating liquids the area

must be fully sealed and bunded.

11 All solid/inert waste material generated by the activity is to be either appropriately

disposed of to a Council waste disposal facility or reclaimed/recycled if possible.

Notes

A The size and location of the proposed access should be discussed with the Council’s

Environmental Engineer prior to the undertaking of any works.

B This Planning Permit does not provide approval for changes to parking in the Hope

Street cul-de-sac area as indicated on GHD Drawing No. 32-15443-A002(Rev.A).

Any changes to the parking situation will be the subject of further discussion and

consideration by the Council’s Engineering Services Department.

C A Road Reserve Permit must be issued by the Council’s Public Safety Officer, or his

representative, prior to any works or activity being undertaken within the road

reservation. Application forms are available from the Council’s Engineering Services

Department, and a fee applies.



D Any works associated with existing footpaths, kerb and channel, roads, naturestrips,

stormwater infrastructure or other Council services will be undertaken by the

Council, unless alternative arrangements are approved by the Council’s Director


E Any damage or disturbance to footpaths, kerb and channel, roads, naturestrips,

stormwater infrastructure or existing services must be rectified, noting that this

work will be undertaken by the Council at the owner’s/developer’s/applicant’s

expense, unless alternative arrangements are approved by the Council’s Director

Engineering Services, or his representative.”

The Executive Services Officer further Reported as follows:

“Should approval for the draft amendment be granted, authorisation for affixing the

common seal to the amendment is to be given at Minute No 400/2010.”

Carried unanimously

G E N E R A L M A N A G E M E N T


GENERAL MANAGEMENT

393939390000/2010/2010/2010/2010 Minutes and notes of committees of the Council and other organisationsMinutes and notes of committees of the Council and other organisationsMinutes and notes of committees of the Council and other organisationsMinutes and notes of committees of the Council and other organisations


“The following (non-confidential) minutes and notes of committees of the Council

and other organisations on which the Council has representation have been

received:

. Ulverstone Local History Museum Committee – meeting held on

18 November 2010

. Penguin Miniature Railway Management Committee – meeting held on

23 November 2010

. Cradle Coast Authority – meeting of Representatives held on

25 November 2010

. Cradle Coast Authority – Annual General Meeting held on 25 November 2010

. Development Support Special Committee – meeting held on

29 November 2010

. Youth Engaged Steering Committee – meeting held on 2 December 2010.

Copies of the minutes and notes have been circulated to all Councillors.”

� Cr Haines moved and Cr Diprose seconded, “That the (non-confidential) minutes and

notes of committees of the Council be received.”

Carried unanimously

393939391111/2010/2010/2010/2010 Annual General Meeting for the year ended 30 Annual General Meeting for the year ended 30 Annual General Meeting for the year ended 30 Annual General Meeting for the year ended 30 June 2010June 2010June 2010June 2010

The General Manager reported as follows:

‘PURPOSE

This is a report on the conduct of the Council’s Annual General Meeting held on

22 November 2010.

BACKGROUND

The Annual General Meeting for 2010 was held on 22 November. A record of the

meeting was kept by way of minutes. A copy of the minuted record is attached.

The Local Government Act 1993 provides that any resolution passed at an annual

general meeting is to be considered at the next meeting of the Council. There were



two resolutions passed at the meeting, including than the one to receive the Annual

Report.

DISCUSSION

Six members of the public attended the Annual General Meeting. The Mayor spoke

in support of the Annual Report and a PowerPoint presentation of the highlights for

the year was presented by the General Manager.

There is otherwise no discussion so far as this report is concerned.

CONSULTATION

Consultation is not required in respect of this report.

IMPACT ON RESOURCES

This matter does not impact on resources.


The holding of an annual general meeting is a statutory requirement.

The Central Coast Strategic Plan 2009-2014 includes the following strategy and key

action:



CONCLUSION

It is recommended that this report be received.”


“A copy of the minutes of the Annual General Meeting for 2010 has been circulated

to all Councillors.”

� Cr van Rooyen moved and Cr Viney seconded, “That the report on the conduct of the

Council’s Annual General Meeting for 2010 (a copy of the minutes of the meeting, held on

22 November 2010, being appended to and forming part of the minutes of this ordinary

meeting of the Council) be received.”

Carried unanimously



393939392222/2010/2010/2010/2010 Declaration of poll following the holding of Declaration of poll following the holding of Declaration of poll following the holding of Declaration of poll following the holding of the 2010 Central Coast Councilthe 2010 Central Coast Councilthe 2010 Central Coast Councilthe 2010 Central Coast Council

bbbbyyyy----electionelectionelectionelection


“PURPOSE

The purpose of this report is to record advice of the by-election to fill the Mayor

and Councillor vacancy due to the passing of the former Mayor Mike Downie.

BACKGROUND

The Acting Electoral Commissioner from the Tasmanian Electoral Commission was

advised of the vacancies in the position of Mayor and Councillor created on the

death of the former Mayor.

Under the Local Government Act 1993 (s.308), a by-election was required to be

conducted for both the Office of Mayor and a Councillor.

On 16 November 2010, Mr Andrew Hawkey, Returning Office for the Central Coast

Council by-election, declared the following candidates elected:

. Cr Garry Carpenter as Councillor for a period of three years;

. Cr Jan Bonde as Mayor for a period of one year.

The Returning Officer has provided a copy of the Certificate of Election. A copy is

attached.

DISCUSSION

Discussion is not relevant to this report.

CONSULTATION

Consultation is not relevant to this matter.

IMPACT ON RESOURCES

The Estimates do not provide for the holding of a by-election and the costs will

need to be offset against a reduction in other operational expenses.





key actions:



CONCLUSION

It is recommended that the General Manager’s report be received.”


“A copy of the Certificate of Election has been circulated to all Councillors.”

� Cr Deacon moved and Cr Howard seconded, “That the General Manager’s report (a copy

of the Certificate of Election being appended to and forming part of the minutes) be

received.”

Carried unanimously

393939393333/2010/2010/2010/2010 Declaration of office as MDeclaration of office as MDeclaration of office as MDeclaration of office as Mayor and Councillorayor and Councillorayor and Councillorayor and Councillor


“PURPOSE

The purpose of this report is to provide for and record the declaration of office as

Mayor and Councillor in respect of the newly elected Mayor and Councillor.

BACKGROUND

The Local Government Act 1993 (s.321) provides as follows:

‘(1) Any person elected as councillor must make a prescribed declaration

in a prescribed manner.

(2) A person elected as a councillor who has not made a declaration must

not-

(a) act in the office of councillor, mayor or deputy mayor; or



(b) take part in the proceedings of any meeting of the council or a

committee.

(3) A councillor is to acknowledge the making of a declaration at its

meeting and the general manager is to record that fact in the minutes

of that meeting.’

The following declarations were made on 22 November 2010 and the appropriate

forms completed:

. Cr Jan Bonde as Mayor (one year)

. Cr Garry Carpenter (three years).

The newly elected councillor, namely Cr Carpenter, has been provided with copies of

the following documents:

. Local Government Act 1993, Local Government (General) Regulations 2005

and Local Government (Meeting Procedures) Regulations 2005;

. Corporate Folder comprising the Annual Plan, Estimates and Fees and

Charges for the year ending 30 June 2011, and the Annual Report for the

year ending 30 June 2010;

. Central Coast Strategic Plan 2009-2014;

. Central Coast Planning Scheme 2005;

. Central Coast Strategic Framework for Settlement & Investment; and

. current issue of ‘GMs Desk.

DISCUSSION


CONSULTATION

Consultation is not relevant to this report.

IMPACT ON RESOURCES

This report has no impact on resources.


The Local Government Act 1993 provides for the making of declarations by the

Mayor, Deputy Mayor and Councillors upon their election and prior to taking office.



CONCLUSION


� Cr Deacon moved and Cr Viney seconded, “That the General Manager’s report be

received.”

Carried unanimously

393939394444/2010/2010/2010/2010 Declaration of poll following the holding of the election for the vacant Declaration of poll following the holding of the election for the vacant Declaration of poll following the holding of the election for the vacant Declaration of poll following the holding of the election for the vacant

positionpositionpositionposition of Deputy Mayorof Deputy Mayorof Deputy Mayorof Deputy Mayor


“PURPOSE

The purpose of this report is to record the declaration of the poll for the office of

Deputy Mayor.

BACKGROUND

Section 44(4) of the Local Government Act 1993 provides that if the office of deputy

mayor becomes vacant for any reason, the councillors are to elect one of their

number to the office of deputy mayor in the prescribed manner for the balance of

the term.

The Local Government Regulations (Division 1) provides the process to be followed

for the election of the deputy mayor by councillors.

The General Manager issued to all councillors a notice of an election for the office of

deputy mayor and a nomination form for that election on Monday,

6 December 2010. The nomination period is from 9.00am on Tuesday, 7 December

2010 until noon on Friday, 10 December 2010.

Each Councillor was advised of the nominations received and whether a ballot was

required at the end of the nominating period.

If a ballot is required, voting will be carried out by secret ballot at the meeting.

The General Manager is to declare the successful candidate elected to the office of

deputy mayor at the meeting and have the declaration recorded in the minutes.

DISCUSSION




CONSULTATION


IMPACT ON RESOURCES

There is no impact on resources for this item.


The Local Government Act 1993 and the Local Government (General) Regulations

2005 provide the process that is to be followed.

CONCLUSION


� Cr Carpenter moved and Cr Robertson seconded, “That at the Council meeting on

13 December 2010, the General Manager declared Cr van Rooyen elected as Deputy Mayor

in accordance with the process outlined in the Local Government (General) Regulations 2005.”

Carried unanimously

� Cr Haines moved and Cr Viney seconded, “That the ballot papers from voting for the

Deputy Mayor’s position be destroyed.

Carried unanimously

393939395555/2010/2010/2010/2010 Declaration of office as Deputy Declaration of office as Deputy Declaration of office as Deputy Declaration of office as Deputy Mayor following the holding of the election Mayor following the holding of the election Mayor following the holding of the election Mayor following the holding of the election

for Deputy Mayor following the vacancy created by the 2010 byfor Deputy Mayor following the vacancy created by the 2010 byfor Deputy Mayor following the vacancy created by the 2010 byfor Deputy Mayor following the vacancy created by the 2010 by----electionelectionelectionelection


“PURPOSE

The purpose of this report is to provide for and record the declaration of office as

Deputy Mayor.

BACKGROUND

The Local Government Act 1993 (s.321) provides as follows:

‘(1) Any person elected as councillor must make a prescribed declaration

in a prescribed manner.



(2) A person elected as a councillor who has not made a declaration must

not-

(a) act in the office of councillor, mayor or deputy mayor; or

(b) take part in the proceedings of any meeting of the council or a

committee.

(3) A councillor is to acknowledge the making of a declaration at its

meeting and the general manager is to record that fact in the minutes

of that meeting.’

The following declaration was made on 13 December 2010 and the appropriate

form completed:

. Cr van Rooyen as Deputy Mayor (one year).

DISCUSSION


CONSULTATION


IMPACT ON RESOURCES

This report has no impact on resources.


The Local Government Act 1993 provides for the making of declarations by the

Deputy Mayor upon their election and prior to taking office.

CONCLUSION


� Cr Robertson moved and Cr Viney seconded, “That the General Manager’s report be

received.”

Carried unanimously



393939396666/2010/2010/2010/2010 Public question timePublic question timePublic question timePublic question time

The time being 6.40pm, the Mayor introduced public question time.

There were no questions from the public.

397397397397/2010/2010/2010/2010 Schedule of Appointments to Statutory Bodies, Groups and Organisations, Schedule of Appointments to Statutory Bodies, Groups and Organisations, Schedule of Appointments to Statutory Bodies, Groups and Organisations, Schedule of Appointments to Statutory Bodies, Groups and Organisations,

Council and Special Committees, Community Advisory Groups and Working Council and Special Committees, Community Advisory Groups and Working Council and Special Committees, Community Advisory Groups and Working Council and Special Committees, Community Advisory Groups and Working

Groups Groups Groups Groups (379/2005 (379/2005 (379/2005 (379/2005 –––– 21.11.2005 and 349/2009 21.11.2005 and 349/2009 21.11.2005 and 349/2009 21.11.2005 and 349/2009 –––– 03.11.2009)03.11.2009)03.11.2009)03.11.2009)


“PURPOSE

The purpose of this report is to consider a review of the Schedule of Appointments

to Statutory Bodies, Groups and Organisations, Council and Special Committees,

Community Advisory Groups and Working Groups (but not including staff working

groups and teams).

BACKGROUND

Following the 2010 Central Coast Council By-election, a review of the Schedule of

Appointments was undertaken to determine where vacancies now exist and to also

reallocate appointments that Mayor Jan Bonde had undertaken prior to being elected

as the Mayor.

The following five committees/groups require review by the Council.

Statutory appointments

. Code of Conduct Panel Nominees – current panel consists of Crs Jan Bonde,

David Dry and Gerry Howard. The Community person/Chairperson is

Rev. John Tongue. A replacement councillor is required for Mayor Jan Bonde

as the Mayor is unable to participate on the Code of Conduct Panel.

. Cradle Coast Authority – Representatives Group – currently is former

Cr Mike Downie and Cr Jan Bonde. A replacement councillor is required for

former Cr Mike Downie.

Council and Special Committees

. Development Support Committee (Special) – current committee exists of

Mayor, Cr Jan Bonde, Cr John Deacon, Cr Tony van Rooyen, Cr Philip Viney



and the General Manager. A vacancy exists due to Cr Jan Bonde taking on

the Mayor’s role.

Community Advisory Groups

. Ulverstone Community House (as Council’s liaison person). A vacancy now

exists with Mayor Jan Bonde stepping down from this advisory group.

Working Groups

. Australia Day Awards Committee – current committee consists of

Crs Jan Bonde and Cheryl Fuller and Mr Glen Lutwyche. A vacancy now exists

with Mayor Jan Bonde stepping down from this committee.

DISCUSSION

The Council’s practice of providing a governance/management structure based on a

combination of Council meetings and delegations has proven to be substantially

superior in efficiency and effectiveness as opposed to the management of business

through a Committee-based system. Committees are extremely resource hungry

and inefficient in terms of day-to-day decision making and should only be created

when all other alternative considerations have been exhausted and there is a clear

need to do so.

Review of existing committees and appointments is ongoing and, should changes be

required or warranted prior to the next Local Government elections, they are dealt

with as they arise.

CONSULTATION


IMPACT ON RESOURCES

This is a governance matter. The Estimates provide for the governance operations

of the Council.


The Local Government Act 1993 provides for the establishment of council

committees and special committees.


key actions:




. Improve corporate governance


CONCLUSION

That nominations be called for the five vacant positions created by the 2010 Central

Coast by-election.”

� Cr Deacon moved and Cr Fuller seconded, “That the Schedule of Appointments to

Statutory Bodies, Groups and Organisations, Council and Special Committees, Community

Advisory Groups and Working Groups be and is hereby amended as follows:

. Cr Cheryl Fuller replaces Cr Jan Bonde on the Code of Conduct Panel;

. Cr van Rooyen replaces former Cr Mike Downie on the Cradle Coast Authority –

Representatives Group;

. Cr Amanda Diprose replaces Cr Jan Bonde on the Development Support Committee

(Cr Garry Carpenter as proxy) as Cr Jan Bonde has taken up the Mayor’s role on this

committee;

. Cr Amanda Diprose replaces Cr Jan Bonde as the Council’s liaison person on the

Ulverstone Community House committee (Cr John Deacon as proxy); and

. Cr Garry Carpenter replaces Cr Jan Bonde on the Australia Day Awards Committee.”

Carried unanimously

C O R P O R A T E & C O M M U N I T Y S E R V I C E S


CORPORATE & COMMUNITY SERVICES

398398398398/2010/2010/2010/2010 Corporate & Community Services determinations made under delegationCorporate & Community Services determinations made under delegationCorporate & Community Services determinations made under delegationCorporate & Community Services determinations made under delegation

The Director Corporate & Community Services reported as follows:

“A Schedule of Corporate & Community Services Determinations made during the

month of November 2010 is submitted to the Council for information. The

information is reported in accordance with approved delegations and

responsibilities.”



� Cr van Rooyen moved and Cr Deacon seconded, “That the Schedule of Corporate &

Community Services Determinations (a copy being appended to and forming part of the

minutes) be received.”

Carried unanimously

399399399399/2010/2010/2010/2010 Correspondence addressed to the Mayor and CouncillorsCorrespondence addressed to the Mayor and CouncillorsCorrespondence addressed to the Mayor and CouncillorsCorrespondence addressed to the Mayor and Councillors


“PURPOSE

This report is to inform the meeting of any correspondence received during the

month of November 2010 and which was addressed to the ‘Mayor and Councillors’.

Reporting of this correspondence is required in accordance with Council policy.

CORRESPONDENCE RECEIVED

The following correspondence has been received and circulated to all Councillors:

. Letter raising concerns over the impact on Central Coast of the report from

the Cradle Coast Regional Settlement Committee.

. Letter expressing concern over the cost of land tax being charged to the

Ulverstone Senior Citizens Club.

. Email advising Glamorgan-Spring Bay Council has been awarded the Weed

Wise Council award.

. Letter inviting the Councillors to take part in the Municipality Challenge Cup.



. Letter urging the Council to consider the purchase of certain land for

shopping centre purposes.

. Letter raising concerns over cockatoo and poultry noise issues.

Where a matter requires a Council decision based on a professionally developed

report the matter will be referred to the Council. Matters other than those requiring

a report will be administered on the same basis as other correspondence received by

the Council and managed as part of the day-to-day operations.”

� Cr Howard moved and Cr van Rooyen seconded, “That the Director’s report be received.”

Carried unanimously

400400400400/2010/2010/2010/2010 Common sealCommon sealCommon sealCommon seal


“A Schedule of Documents for Affixing of the Common Seal for the period

16 November to 13 December 2010 is submitted for the authority of the Council to

be given. Use of the common seal must first be authorised by a resolution of the

Council.

The Schedule also includes for information advice of final plans of subdivision

sealed in accordance with approved delegation and responsibilities.”



� Cr Viney moved and Cr Diprose seconded, “That the common seal (a copy of the

Schedule of Documents for Affixing of the Common Seal being appended to and forming

part of the minutes) be affixed subject to compliance with all conditions of approval in

respect of each document, and that the advice of final plans of subdivision sealed in

accordance with approved delegation and responsibilities be received.”

Carried unanimously

401401401401/2010/2010/2010/2010 Financial statementsFinancial statementsFinancial statementsFinancial statements


“The following principal financial statements of the Council for the period ended

30 November 2010 are submitted for consideration:



. Summary of Rates and Fire Service Levies

. Operating and Capital Statement

. Cashflow Statement

. Capital Works Resource Schedule.”


“Copies of the financial statements have been circulated to all Councillors.”

� Cr Deacon moved and Cr Robertson seconded, “That the financial statements (copies

being appended to and forming part of the minutes) be received.”

Carried unanimously

404040402222/2010/2010/2010/2010 Debtor Debtor Debtor Debtor remissionremissionremissionremission ---- 63 Turners Beach Road63 Turners Beach Road63 Turners Beach Road63 Turners Beach Road, Forth, Forth, Forth, Forth (24/2010 (24/2010 (24/2010 (24/2010 –––– 25.01.2010)25.01.2010)25.01.2010)25.01.2010)


“PURPOSE

The purpose of this report is to reconsider a request from the property owner at

63 Turners Beach Road, Forth, for the remission of $11,105.13 in respect of an

excess water account received in May 2009.

BACKGROUND

At the Council meeting held on 25 January 2010, the Council passed the following

motion (Minute No. 24/2010):

“That the following remission not be approved:

. Debtor No. 5305 - $5,552.56.”

Subsequent to that motion the owner of the property has provided the Council with

clarification on the report from Irrigation Tasmania Pty Ltd. The plumber’s report

was interpreted to say that the pipe was in long grass and not underground which

was the reason that it did not comply with the policy. The property owner has

confirmed that the pipe was indeed buried and was in an area of long grass which

means that it does comply with the policy for a water remission.

The change in interpretation may impact on the amount of water remission being

granted by the Council and this is the reason that this matter is being returned to

the Council for consideration.



In 2003, the Council passed the following motion with respect to the remission of

excess water accounts (Minute No. 383/2003 - 13.10.2003):

‘That a remission or refund, as applicable, of 50% of an excess-water

account be granted where the Council is satisfied that such excess has been

caused because of a leaking pipe that runs underground from the Council’s

meter and is external to buildings on the property being supplied; provided

always that the Council is satisfied in every respect that the leak(s) was not

clearly detectable and that the pipe(s) has been satisfactorily repaired and

that evidence in that respect be supported by the completion of a statutory

declaration by the owner and/or occupier incorporating the production of a

licensed plumber’s account or certificate.’

DISCUSSION

The Council implemented a policy on excess water charges aimed at encouraging

ratepayers to ensure that the leaks on their property external to buildings are

repaired, otherwise a remission would not be granted. It was also in the Council’s

interest at that time to ensure that leaks were repaired quickly as the consumption

of water by the Council was used in calculating the water costs payable to Cradle

Coast Water.

The property owner was advised in December 2008 that a new water meter had

been installed in July 2008 and that water used from then until November 2008 was

1,611 kilolitres which was well in excess of the annual allowance, and to investigate

the possibility of leaks. Water usage over the subsequent six months between

November 2008 and May 2009 was 10,730 kilolitres.

In the application for remission the property owner admitted that they had

previously had a lot of problems with the pipe and that the pipe was initially

repaired after the leak was detected by one of the farm employees. Subsequent to

that a licensed plumber was contracted to again repair the pipe in March 2009 and a

statutory declaration was provided.

The property owner has also stated that the leaking pipeline was located on a farm

entrance that they don’t use due to dust and noise pollution that neighbours have

complained about in the past. The buried pipeline lies in beach sand, so water

dissipates very quickly, also making it hard to observe. This leaking pipe went un-

noticed for so long as they try to do the right thing by their neighbours and local

community by avoiding farm tracks and entrances that are in the middle of the

townships of Turners Beach and Forth.



CONSULTATION

There has been no community consultation for the reason that it is considered

irrelevant to this issue.

IMPACT ON RESOURCES

Should the Council approve this remission it would amount to $5,552.56.



key actions:


. Develop and manage sustainable built infrastructure


. Improve service provision

. Improve the Council’s financial capacity to sustainably meet community

expectations

CONCLUSION

It is recommended that the previous debtor remission in the amount of $5,552.56

not approved by the Council on 25 January 2010 (Minute No. 24/2010) be revoked

and the following debtor remission be proposed for the Council’s consideration:

DEBTOR NO. 5305

PROPERTY ADDRESS 63 Turners Beach Road, Forth

REMISSION $5,552.56

REASON Leaking water pipe running underground - as per Council

policy (Minute No. 383/2003 - 13.10.2003).”

� Cr van Rooyen moved and Cr Deacon seconded, “That the following remission be

approved:

. Debtor No. 5305 - $5552.56.”

Voting for the motion Voting against the motion

(10) (1)

Cr (J) Bonde Cr (L) Bonde

Cr Carpenter

Cr Deacon



Cr Diprose

Cr Fuller

Cr Haines

Cr Howard

Cr Robertson

Cr van Rooyen

Cr Viney

Motion Carried

403403403403/2010/2010/2010/2010 Use of the Council’s roads for Classic Tasmania/Rally TasmaniaUse of the Council’s roads for Classic Tasmania/Rally TasmaniaUse of the Council’s roads for Classic Tasmania/Rally TasmaniaUse of the Council’s roads for Classic Tasmania/Rally Tasmania ----

25 February 201125 February 201125 February 201125 February 2011


“The Youth/Projects Officer has prepared the following report:

‘PURPOSE

To consider closure and use of the Council’s roads on 25 February 2011 for

the Classic Tasmania/Rally Tasmania 2011.

BACKGROUND

At its meeting on 25 October 2004 the Council resolved (Minute No.

402/2004) as follows:

“That the promoters of motor-vehicle rallies and trials be advised that

the Council will not consider applications for road closures for rally

stages in the Central Coast municipal area unless the application is

received not later than 15 weeks prior to the event and is

accompanied by evidence of:

1 written notification having been sent to harvesting contractors

and companies (including transporters of timber products),

milk transport contractors and companies, and tourism

authorities and operators;

2 written notification having been sent to all residents on that

part of the road for which road closures are being requested;

and



3 public notification of any new event having been twice

advertised in a daily newspaper circulating in the municipal

area;

advising that an application for road closures is being submitted, and

that residents and road users should contact the promoter and the

Council not later than 13 weeks prior to the event if they have

concerns over the closures;

and further that, following any approval having been given by the

Council for road closures, the promoter is to undertake public

notification of the event by a minimum of two advertisements in a

daily newspaper circulating in the municipal area in the weeks

immediately preceding the event.”

The Event Director, MSR Corporate P/L, has written as follows:

“I wish to advise that after selling Rally Tasmania Promotions Pty Ltd to

Mr. Les Walkden in 2007, I have recently been contracted by his company

MSR Corporate Pty Ltd to organise the 2011 Classic Tasmania / Rally

Tasmania event which is to be conducted from Friday 23rd

to Sunday

27th February.

In reference to Council's road closure policy, please find the following

application requesting Council permission to close the following roads for the

events which will be conducted in your municipality on Friday 25th and

Sunday 27th February 2011.

In planning the competition stages for these events due consideration and

acknowledgement has been given to the growth within those tourisim

operations around the Gunns Plains area since my last application to Council

in November 2006. Therefore it should be noted that main roads such

Gunns Plains Road, Preston Road and Castra Road have been left open to

allow tourists, residents and commercial carriers access into the Gunns

Plains area in particular. In 2007 it was also discovered in discussions with

residents in Gunns Plains, that they were more receptive to the rally when

conducted during the late afternoon / evening on the Friday, rather than

previously closing roads in the area on the Sunday.

I also advise that I have had discussions with the new owner of Leven Valley

Vineyard, Mr. Ross Graham who is most supportive of our "Raymond Road"

stage and its proposed road closure.



As we conduct the closed rally stages on Friday evening at 30 second

intervals between cars (similar to Targa), two runs can therefore be

accommodated through the "Wilsonia", "Raymond Road" and "Central

Castra" stages within the normal road closure time applied when running

cars at 1 minute intervals.

I also advise Council, pre-event reconnaissance of the rally stages is

permitted from Saturday 19th February however strict regulations shall

continue to be enforced with assistance from Tasmania Police. A low

70km/h speed limit is placed on roads to be used as closed roads stages and

is strictly enforced by rally officials using radar guns supplied by the Police.

Competition cars are not allowed to be used for reconnaissance, and

vehicles undertaking reconnaissance must register with the organisers and

are identified with a number displayed on the front windsreen and rear

window of the car. Cars reported to the organisers for speeding or

dangerous driving are investigated by the organisers and Tasmania Police,

and substanstial sporting and civil penalties are imposed on offenders.

This major National motorsport event will again see approximately 120

historic, classic, and modern competition cars, their crews and families from

all Australian states converge on Burnie and the North West Coast for a four

to six day period to compete in the two events. Competitors will travel from

as far away as New Zealand to compete, and it is estimated that the 2011

event will again generate another $1,000,000 economic benefit to Burnie and

the surrounding region. Leading entries have been received from Motorsport

legend Jim Richards and Barry Oliver as well as Tasmania's top tarmac rally

crew, Jason and John White of Devonport in their Lamborghini Gallardo. In

the Classic Tasmania event, V8 Supercar driver Steven Richards will head

the entry, whilst the organisers are still in discussions with actor, Eric Bana

who may compete in his beloved Ford Falcon, known as "The Beast".

I am pleased to advise that the Tasmanian Government through Events

Tasmania are the major sponsor of Rally Tasmania, and German storage

systems company Bott, are the major sponsor of the Classic Tasmania

section. Events Tasmania's have continued their support of Rally Tasmania

in recognition of the significant, sporting, economic and tourism benefits that

the event provides to the North West Coast.

Further to this application, MSR Corporate wishes to advise Council that it

acknowledges its support as an important partner in the Classic Tasmania /

Rally Tasmania events, and along with the Burnie City Council and the

Waratah / Wynyard Council, acknowledgement has been provided on our

website at www.classictasmania.com.au, with a link to Councils website.



Further acknowledgement displaying the Central Coast Council logo is

provided on all rally book covers and posters, and naming rights is also

provided to Council on the Central Castra competition stages.

The event will be conducted under a Police Permit issued by Tasmania

Police, and shall utilize a safety plan incorporating Tasmania Police and all

emergency services. Australian Auto-Sport Alliance (AASA) Limited Public

Risk and Property Insurance shall be implemented by the issuing of a AASA

Organising Permit. The AASA Organising Permit number will be advised in

due course.

Therefore, MSR Corporate seeks the support of the Central Coast Council,

and its assistance in allowing the organisers to close the following Councils

roads for the Classic Tasmania / Rally Tasmania event;

Friday 25th

February 2011

Special Staqes 0 (Untimed Warm-up) and 3: ‘WILSONIA’

C124 Isandula Road; Property No 203 (R & S Poke) to Wilsonia Road

(Distance 3.5km)

Wilsonia Road; Isandula Road to Preston Road (Distance 2.5km)

from 4.00pm to 7.30pm

Special Stages 1 and 4: Leven Valley Vineyard ‘RAYMOND ROAD’

C127 Raymond Road; Gunns Plains Road to Goulds Road (Distance 5km)

from 4.25pm to 7.55pm.

Special Staqes 2 and 5: Central Coast Council ‘CENTRAL CASTRA’

Jacks Road; Property No 127 to C126 Central Castra Road (Distance 1km)

C126 Preston Castra Road; Jacks Road to C124 Central Castra Road

(Distance 4km)

Central Castra Road; C126 Preston Castra Road to B15 Castra Road

(Distance 3km)


Sunday 27th

February 2011

Special Stages 12 and 17 : ‘NATONE HILLS’

C115 South Riana Road; Blythe River Bridge to Barrens Road

(Distance4km)

from 8.30am to 11.30am then 12.15pm to 3.15pm



Special Stages 13 and 18: ‘CANIENA’

Bonneys Road; Bonneys Lane to West Pine Road (Distance 2km)

C116 West Pine Road: Nine Mile Road to Cuprona Road (Distance 2km)

C116 Camena Road; from Cuprona Road to Stotts Road (Distance 4km)

from 8.55am to 11.55am then 12.45pm to 3.45pm.

In addition, the organisers seek the use of all or portions of the following

roads for non-competition purposes as follows,

Friday 25th February: C124 Isandula Road, B17 Gunns Plains Road,

C125 Preston Road, C125 South Preston Road, Rifle Range Road, Jacks

Road, B15 Castra Road and C123 Top Gawler Road

Sunday 27th February: C115 South Riana Road, B17 Pine Road and

Bonneys Road.

Letters have been provided to the following residents living on those roads

requested for closure, advising of their rights to discuss with the Organiser

and Council any concerns they may have with the closures. Letters have

also been provided to known transport and tourism operators as listed who

may be affected by these closures within the municipality.

Special Stages 0 (Untimed Warm-up) and 3: ‘WILSONIA’

C124 Isandula Road; Property No 203 (R & S Poke) to Wilsonia Road

(Distance 3.5km)

Property No: 203, 262 (L & D Guard), 264, 273 ("River Bend"),

350 (Belichambers), 397, 399, 420,

480, 527, 585, 595, 600, 649, 650, 654 (GT Bellinger), 656, 699, 707, 719

(L. Towns), 721, 919,

921, 923, 957, 963, 979 (Murfet), 1030, 1031, 1033 and 1054 (Smith)

Wilsonia Road; C124 Isandula Road to Preston Road (Distance 2.5km)

Property No: 69 (GL & LM Johnson),170 (Morgenvue),175 and 180

Special Staqes 1 and 4: Leven Valley Vineyard ‘RAYMOND ROAD’

C127 Raymond Road; Gunns Plains Road to Goulds Road (Distance Skm)

Property No: 468, 299, 220 (Andrew Lee) 170, 161 (Field), 150 and 130 also

Property No 3 and 65 Goulds Road

Special Staqes 2 and 5: Central Coast Council ‘CENTRAL CASTRA’

Jacks Road; Property No 127 to C126 Central Castra Road (Distance 1km)

Property No: 127, 109 and 39



C126 Preston Castra Road; Jacks Road to C124 Central Castra Road

(Distance 4km)

Property No: 140, 163, 184, 299 and 300

Central Castra Road; C126 Preston Castra Road to B15 Castra Road

(Distance 3km)

Property No: 345 (Frank's Place), 420, 421 and 535 (Kinvarra).

Special Staqes 12 and 17 : ‘NATONE HILLS’

C115 South Riana Road; Blythe River Bridge to property "Pine Hill"

(Distance3km)

Property No: 387 (H. Ross), 425, 461 (Gary & Bev Carpenter) and

521 (Fielding)

Special Staqes 13 and 17: ‘CAMENA’


Property No: 231 and 251


Property No: 479, 529, 532, 535, 548, 551, 578 and 689

Camena Road; from Cuprona Road to Stotts Road (Distance 4km)

Property No: 477 (B Gibson), 537 (S. Murray), 586 (Aikten), 598, 637, 658

and 716 (N. Radcliffe)

Letters have been provided to the following Transport and Tourism

Operators,

Burn's Coach Service, PO Box 400, Ulverstone 7315

RS & JE Becker, 40 Rogers Road, Kimberley 7304

Smith's Travel, South Riana 7316

G & C Butler, 770 Cuprona Road, Cuprona 7316

Morris Plant Transport, 40 Allens Road, Ulverstone 7315

Dyson's Courier Express, 96 Main Road, Ulverstone 7315

WJ Carter, Gawler Road, Ulverstone 7315

RW Yaxley, 4 Brandsema Road, Turners Beach 7315

RJ & AJ Wright, Von Bibra's Road, Gawler 7315

DJ & NF Vertigan, 448 Ironcliffe Road, Penguin 7316

Gunns Plains Cave State Reserve, Gunns Plains Rd, Gunns Plains 7315

Wing's Farm Park, Winduss Road, Gunns Plains 7315

Cradle Coast Tours, 14 Main Road, Ulverstone 7315

BR Wilson (Carriers), PO Box 3233, Ulverstone 7315

SEC Couriers, 4 Dudley Crescent, Ulverstone 7315

Little Transport Pty Ltd, 92 Kindred Road, Forth 7315



WJ & CA Bourke, 27 Maud Street, West Ulverstone 7315

BellenjucPty Ltd, PO Box 525, Ulverstone 7315

A & B Stubbs Cartage Contractors Pty Ltd, Stubbs Rd, Ulverstone 7315

Pindari Holiday Farm & Restaurant, 340 Wyllies Road, Riana 7316

K & D Sims & Sons Pty Ltd, 1270 Castra Road, Sprent 7315

I await Councils response to this application.”

The Event Director MSR Corporate P/L has subsequently written as follows:

“Further to my application to Council dated 2nd

November 2010 to close

roads for the 2011 Classic Tasmania/Rally Tasmania tarmac rally, I wish to

advise that negotiations have been underway with Hydro Tasmania for some

time regarding sponsorship, and they have now confirmed their involvement

which requires us to use the Pieman Road near Tullah for competition stages

on Saturday 26th February.

This has had a major impact on the selected route for the 2011 event, and I

ask if I can simplify my request for roads from Council to the following on

Friday 25th

February 2011.

Special Stages 1 and 3: ‘NATONE HILLS’

C115 South Riana Road; Blythe River Bridge to Barrens Road (Distance

4km)


Special Stages 3 and 4: ‘CAMENA VALLEY’



C116 Camena Road; from Cuprona Road to Stotts Road (Distance 4km)


This will not necessitate any closures around the Gunns Plains, Central

Castra and Isandula areas.

Obviously I am more than happy to issue new advice to residents and

commercial operators re; the above roads, dates and times.

I await your advice on the above.”



DISCUSSION

The requested road closures in Central Coast are on Friday, 25 February

2011 as follows:

From 4.00pm to 7.00pm -

. South Riana Road – from Blythe River bridge to Barrens Road;

From 4.30pm to 7.30pm -

. Bonneys Road – from Bonneys Lane to West Pine Road;

. West Pine Road – from Nine Mile Road to Cuprona Road;

. Camena Road – from Cuprona Road to Stotts Road.

The proposed non-competition uses do not require approval. Closure to the

public only applies to competition stages.

CONSULTATION

The Event Director, MSR Corporate P/L has advised that the notifications

requested by the Council have been implemented.

No objections or concerns were received as at 7 December 2010.

IMPACT ON RESOURCES

The affected roads are currently to a standard applicable to normal rural

traffic only and are maintained accordingly.


The Central Coast Strategic Plan 2009-2014 includes the following strategies

and key actions:

The Shape of the Place

. Conserve the physical environment in a way that ensure we have a

healthy and attractive community

A Connected Central Coast

. Improve community wellbeing

Community Capacity and Creativity

. Cultivate a culture of creativity in the community


. Contribute to a safe and healthy environment



. Contribute to the preservation of the natural environment

CONCLUSION

It is recommended that no objection be offered to the requested road

closures for the Class Tasmania/Rally Tasmania 2011, subject to MSR

Corporate P/L:

1 maintaining its standard organisational arrangements;

2 following this approval having been given by the Council, the

promoter is to undertake public notification of the event by a

minimum of two advertisements in a daily newspaper circulating in

the municipal area in the weeks immediately preceding the event;

and

3 meeting the cost of the Council reinstating any damage to any of the

roads used for the Rally;

and that MSR Corporate P/L be advised that the Council’s roads are currently

to a standard applicable to normal rural traffic only and are maintained

accordingly.’

The report is supported.”


“Residents, transport and tourism operators notified of the closures are included in

the promoter’s letters, and copies of maps of the proposed road closures have been

circulated to all Councillors.”

� Cr (L) Bonde moved and Cr Diprose seconded, “That no objection be offered to the

requested road closures for the Classic Tasmania/Rally Tasmania 2011, subject to MSR

Corporate P/L:

1 maintaining its standard organisational arrangements;

2 following this approval having been given by the Council, the promoter is to

undertake public notification of the event by a minimum of two advertisements in a

daily newspaper circulating in the municipal area in the weeks immediately

preceding the event; and

3 meeting the cost of the Council reinstating any damage to any of the roads used for

the Rally;



and that MSR Corporate P/L be advised that the Council’s roads are currently to a standard

applicable to normal rural traffic only and are maintained accordingly.”

Carried unanimously

E N G I N E E R I N G S E R V I C E S

Central Coast Council Minutes – 13 December 2010 � 55555555

ENGINEERING SERVICES

404404404404/2010/2010/2010/2010 Engineering Services determinationsEngineering Services determinationsEngineering Services determinationsEngineering Services determinations

The Director Engineering Services reported as follows:

“A Schedule of Engineering Services Determinations made during the month of

November 2010 is submitted to the Council for information. The information is

reported in accordance with approved delegations and responsibilities.”



� Cr Deacon moved and Cr Viney seconded, “That the Schedule of Engineering Services

Determinations (a copy being appended to and forming part of the minutes) be received.”

Carried unanimously


CLOSURE OF MEETING TO THE PUBLICCLOSURE OF MEETING TO THE PUBLICCLOSURE OF MEETING TO THE PUBLICCLOSURE OF MEETING TO THE PUBLIC

404040405555/2010/2010/2010/2010 Meeting closed to the publicMeeting closed to the publicMeeting closed to the publicMeeting closed to the public


“The Local Government (Meeting Procedures) Regulations 2005 provide that a

meeting of a council is to be open to the public unless the council, by absolute

majority, decides to close the meeting or part of the meeting because it wishes to

discuss a matter (or matters) in a closed meeting and the Regulations provide

accordingly.

Moving into a closed meeting is to be by procedural motion. Once a meeting is

closed, meeting procedures are not relaxed unless the council so decides.

It is considered desirable that the following matters be discussed in a closed

meeting:

. Minutes and notes of other organisations and committees of the Council;

. Water and Sewerage Owners Representative process;

. Regional Land Use Strategy – Draft Cradle Coast Regional Land Use Planning

Framework 2010-2030; and

. Sale of land at Export Drive, Ulverstone.

These are matters relating to:

. information provided to the Council on the condition it is kept confidential.”

� Cr Deacon moved and Cr Viney seconded, “That the Council close the meeting to the

public to consider the following matters, they being matters relating to:

. information provided to the Council on the condition it is kept confidential;

and the Council being of the opinion that it is lawful and proper to close the meeting to the

public:

. Minutes and notes of other organisations and committees of the Council;

. Water and Sewerage Owners Representative process;


. Regional Land Use Strategy – Draft Cradle Coast Regional Land Use Planning

Framework 2010-2030; and

. Sale of land at Export Drive, Ulverstone.

Carried unanimously and by absolute majority

The Executive Services Officer further reported as follows:

“1 The Local Government (Meeting Procedures) Regulations 2005 provide in

respect of any matter discussed at a closed meeting that the general

manager is to record in the minutes of the open meeting, in a manner that

protects confidentiality, only the fact that the matter was discussed and is

not to record in the minutes of the open meeting the details of the outcome

unless the council determines otherwise.

2 The Local Government Act 1993 provides that a councillor must not disclose

information seen or heard at a meeting or part of a meeting that is closed to

the public that is not authorised by the council to be disclosed.

Similarly, an employee of a council must not disclose information acquired as

such an employee on the condition that it be kept confidential.

3 In the event that additional business is required to be conducted by a council

after the matter(s) for which the meeting has been closed to the public have

been conducted, the Regulations provide that a council may, by simple

majority, re-open a closed meeting to the public.”



GENERAL MANAGEMENT

404040406666/2010/2010/2010/2010 Minutes and notes of other organisations and committees of the CouncilMinutes and notes of other organisations and committees of the CouncilMinutes and notes of other organisations and committees of the CouncilMinutes and notes of other organisations and committees of the Council

The Executive Services Officer reported (reproduced in part) as follows:

“The following minutes and notes of committees of the Council and other

organisations on which the Council has representation have been received:

...

The Local Government (Meeting Procedures) Regulations 2005 provide in respect of

any matter discussed at a closed meeting that ‘the general manager –

(a) is to record in the minutes of the open meeting, in a manner that protects

confidentiality, only the fact that the matter was discussed; and

(b) is not to record in the minutes of the open meeting the details of the

outcome unless the council or council committee determines otherwise.’

The details of this matter are accordingly to be recorded in the minutes of the closed part

of the meeting.”

404040407777/2010/2010/2010/2010 Water and Sewerage Owners Water and Sewerage Owners Water and Sewerage Owners Water and Sewerage Owners Representative processRepresentative processRepresentative processRepresentative process

The General Manager reported (reproduced in part) as follows:

“The purpose of this report is to seek support from the Council for the actions

suggested at a meeting of Mayors and General Managers held on 6 December 2010

at the Central Coast Council offices:

...








of the meeting.”


_________________________________________________________________________


DEVELOPMENT & REGULATORY SERVICES

404040408888/2010/2010/2010/2010 Regional Land Use Strategy Regional Land Use Strategy Regional Land Use Strategy Regional Land Use Strategy –––– Draft Cradle Coast Regional Land Use Planning Draft Cradle Coast Regional Land Use Planning Draft Cradle Coast Regional Land Use Planning Draft Cradle Coast Regional Land Use Planning

Framework 2010Framework 2010Framework 2010Framework 2010----2030203020302030


“The purpose of this report is to consider the endorsement of the draft Cradle Coast

Regional Land Use Planning Framework 2010-2030 (‘the draft Framework’). A copy

of the Framework is appended to this report:

...








of the meeting.”



GENERAL MANAGEMENT

444400009999/2010/2010/2010/2010 Sale of land at Export Drive, Sale of land at Export Drive, Sale of land at Export Drive, Sale of land at Export Drive, UlverstoneUlverstoneUlverstoneUlverstone


The purpose of this report is to consider the sale of two lots subdivided off the end

of Export Drive, Ulverstone:

...








of the meeting.”

_________________________________________________________________________


ClosureClosureClosureClosure

There being no further business, the Mayor declared the meeting closed at

8.33pm.

CONFIRMED THIS 24TH DAY OF JANUARY, 2011.

ChairpersonChairpersonChairpersonChairperson

(lmm:dil)

AppendicesAppendicesAppendicesAppendices

Minute No. 386/2010 - Schedule of Development & Regulatory Services

Determinations

Minute No. 389/2010 - Draft amendment 4/2010 Central Coast Planning

Scheme 2005

Minute No. 391/2010 - Minutes of Annual General Meeting 2010

Minute No. 392/2010 - Certificate of Election for Mayor and Councillor

Minute No. 398/2010 - Schedule of Corporate & Community Services

Determinations

Minute No. 400/2010 - Schedule of Documents for Affixing of the

Common Seal

Minute No. 401/2010 - Financial statements

Minute No. 404/2010 - Schedule of Engineering Services Determinations


QUALIFIED PERSON’S ADVICE

The Local Government Act 1993 provides (in part) as follows:

.... A general manager must ensure that any advice, information or

recommendation given to the council is given by a person who has the

qualifications or experience necessary to give such advice, information or

recommendation.

.... A council 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.

I therefore certify that with respect to all advice, information or

recommendation provided to the Council within these minutes:

(i) the advice, information or recommendation was given by a person who

has the qualifications or experience necessary to give such advice,

information or recommendation; and

(ii) where any advice was directly given by a person who did not have the

required qualifications or experience that person has obtained and taken

into account in that person’s general advice the advice from an appropriately

qualified or experienced person.

Sandra Ayton

GENERAL MANAGER