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Council meeting agenda - 4 June 2012 - Clarence City Council

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CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 1<br />

COUNCIL MEETING<br />

MONDAY 4 JUNE <strong>2012</strong><br />

TABLE OF CONTENTS<br />

ITEM SUBJECT PAGE<br />

1. ATTENDANCE AND APOLOGIES .......................................................................................................3<br />

2. CONFIRMATION OF MINUTES...........................................................................................................3<br />

3. MAYOR’S COMMUNICATION............................................................................................................3<br />

4. COUNCIL WORKSHOPS.....................................................................................................................3<br />

5. DECLARATIONS OF INTERESTS OF ALDERMAN OR CLOSE ASSOCIATE............................................4<br />

6. TABLING OF PETITIONS ...................................................................................................................5<br />

7. PUBLIC QUESTION TIME...................................................................................................................6<br />

7.1 PUBLIC QUESTIONS ON NOTICE..............................................................................................6<br />

7.2 ANSWERS TO QUESTIONS ON NOTICE ....................................................................................6<br />

7.3 ANSWERS TO PREVIOUS QUESTIONS TAKEN ON NOTICE........................................................6<br />

7.4 QUESTIONS WITHOUT NOTICE................................................................................................6<br />

8. DEPUTATIONS BY MEMBERS OF THE PUBLIC..................................................................................7<br />

9. MOTIONS ON NOTICE ......................................................................................................................8<br />

9.1 NOTICE OF MOTION – ALD JAMES<br />

BEGONIA STREET, LINDISFARNE......................................................................................................8<br />

10. REPORTS FROM OUTSIDE BODIES ..................................................................................................10<br />

10.1 REPORTS FROM SINGLE AND JOINT AUTHORITIES.........................................................................10<br />

� SOUTHERN TASMANIAN COUNCILS AUTHORITY<br />

� COPPING REFUSE DISPOSAL SITE JOINT AUTHORITY<br />

� SOUTHERN WASTE STRATEGY AUTHORITY<br />

10.2 REPORTS FROM COUNCIL AND SPECIAL COMMITTEES AND OTHER REPRESENTATIVE BODIES.....18<br />

11. REPORTS OF OFFICERS ..................................................................................................................29<br />

11.1 WEEKLY BRIEFING REPORTS .........................................................................................................29<br />

11.2 DETERMINATION ON PETITIONS TABLED AT PREVIOUS COUNCIL MEETINGS ...............................30


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 2<br />

11.3 PLANNING AUTHORITY MATTERS<br />

11.3.1 DEVELOPMENT APPLICATION D-2010/37 - 93 TANUNDAL STREET, HOWRAH - SWIM CENTRE<br />

HEAT PUMP ENCLOSURE................................................................................................................32<br />

11.3.2 DEVELOPMENT APPLICATION D-<strong>2012</strong>/26 - 465 AND 465A CLIFTON BEACH ROAD, CLIFTON<br />

BEACH - ALTERATIONS AND ADDITIONS TO CLUBHOUSE .............................................................48<br />

11.3.3 SUBDIVISION APPLICATION SD-2010/79 - 8 JETTY ROAD, SOUTH ARM - 1 LOT ............................65<br />

11.3.4 SUBDIVISION APPLICATION SD-<strong>2012</strong>/9 - 64 KINGS ROAD, CAMBRIDGE - 2 LOTS AND BALANCE..82<br />

11.4 CUSTOMER SERVICE - NIL ITEMS<br />

11.5 ASSET MANAGEMENT - NIL ITEMS<br />

11.6 FINANCIAL MANAGEMENT - NIL ITEMS<br />

11.7 GOVERNANCE<br />

11.7.1 ESTIMATES <strong>2012</strong>/2013.................................................................................................................104<br />

11.7.2 ROSNY HILL NATURE RECREATION AREA MANAGEMENT STRATEGY.........................................178<br />

11.7.3 RESPONSE TO LGAT - STATUTORY WASTE LEVY ........................................................................212<br />

11.7.4 SOUTH ARM PENINSULA RESIDENTS’ ASSOCIATION COMMUNITY CENTRE – FUTURE<br />

MANAGEMENT.............................................................................................................................226<br />

11.7.5 SOUTH ARM CALVERTON HALL AND RECREATION GROUND LEASE AGREEMENT......................233<br />

12. ALDERMEN’S QUESTION TIME.....................................................................................................238<br />

12.1 QUESTIONS ON NOTICE ......................................................................................................238<br />

12.2 ANSWERS TO QUESTIONS ON NOTICE ................................................................................238<br />

12.3 ANSWERS TO PREVIOUS QUESTIONS TAKEN ON NOTICE....................................................238<br />

12.4 QUESTIONS WITHOUT NOTICE............................................................................................238<br />

13. CLOSED MEETING........................................................................................................................239<br />

13.1 APPLICATIONS FOR LEAVE OF ABSENCE<br />

13.2 REPORTS FROM SINGLE AND JOINT AUTHORITIES<br />

13.3 SPORTING FACILITY – LEASE AGREEMENT<br />

BUSINESS TO BE CONDUCTED AT THIS MEETING IS TO BE CONDUCTED IN THE ORDER IN WHICH<br />

IT IS SET OUT IN THIS AGENDA UNLESS THE COUNCIL BY ABSOLUTE MAJORITY DETERMINES<br />

OTHERWISE


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 3<br />

1. ATTENDANCE AND APOLOGIES<br />

2. CONFIRMATION OF MINUTES<br />

(File No 10/03/01)<br />

RECOMMENDATION:<br />

That the Minutes of the <strong>Council</strong> Meeting held on 14 May <strong>2012</strong> and the Special council Meeting<br />

of 21 May <strong>2012</strong>, as circulated, be taken as read and confirmed.<br />

3. MAYOR’S COMMUNICATION<br />

4. COUNCIL WORKSHOPS<br />

The following workshops were conducted by <strong>Council</strong> since its last ordinary <strong>Council</strong> Meeting:<br />

PURPOSE DATE<br />

Rosny Hill<br />

Draft Rates<br />

Howrah Bowls Club Grant Application 21 May<br />

Planning Scheme<br />

Presentation by Director of Local Government 28 May<br />

RECOMMENDATION:<br />

That <strong>Council</strong> notes the workshops conducted.


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 4<br />

5. DECLARATIONS OF INTERESTS OF ALDERMAN OR CLOSE ASSOCIATE<br />

File No<br />

In accordance with Regulation 8 of the Local Government (Meeting Procedures) Regulations<br />

2005 and <strong>Council</strong>’s adopted Code of Conduct, the Mayor requests Aldermen to indicate whether<br />

they have, or are likely to have a pecuniary interest (any pecuniary benefits or pecuniary<br />

detriment) or conflict of interest in any item on the Agenda.


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 5<br />

6. TABLING OF PETITIONS<br />

(File No 10/03/12)<br />

(Petitions received by Aldermen may be tabled at the next ordinary Meeting of the <strong>Council</strong> or<br />

forwarded to the General Manager within seven (7) days after receiving the petition.<br />

Petitions are not to be tabled if they do not comply with Section 57(2) of the Local Government<br />

Act, or are defamatory, or the proposed actions are unlawful.


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 6<br />

7. PUBLIC QUESTION TIME<br />

Public question time at ordinary <strong>Council</strong> <strong>meeting</strong>s will not exceed 15 minutes. An individual<br />

may ask questions at the <strong>meeting</strong>. Questions may be submitted to <strong>Council</strong> in writing on the<br />

Friday 10 days before the <strong>meeting</strong> or may be raised from the Public Gallery during this segment<br />

of the <strong>meeting</strong>.<br />

The Chairman may request an Alderman or <strong>Council</strong> officer to answer a question. No debate is<br />

permitted on any questions or answers. Questions and answers are to be kept as brief as<br />

possible.<br />

7.1 PUBLIC QUESTIONS ON NOTICE<br />

(Seven days before an ordinary Meeting, a member of the public may give written notice<br />

to the General Manager of a question to be asked at the <strong>meeting</strong>). A maximum of two<br />

questions may be submitted in writing before the <strong>meeting</strong>.<br />

Questions on notice and their answers will be included in the minutes.<br />

Nil.<br />

7.2 ANSWERS TO QUESTIONS ON NOTICE<br />

The Mayor may address Questions on Notice submitted by members of the public.<br />

Nil.<br />

7.3 ANSWERS TO PREVIOUS QUESTIONS TAKEN ON NOTICE<br />

Nil.<br />

7.4 QUESTIONS WITHOUT NOTICE<br />

The Chairperson may invite members of the public present to ask questions without<br />

notice.<br />

Questions are to relate to the activities of the <strong>Council</strong>. Questions without notice will be<br />

dependent on available time at the <strong>meeting</strong>.<br />

When dealing with Questions without Notice that require research and a more detailed<br />

response the Chairman may require that the question be put on notice and in writing.<br />

Wherever possible, answers will be provided at the next ordinary <strong>Council</strong> Meeting.<br />

Questions without notice and their answers will not be recorded.


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 7<br />

8. DEPUTATIONS BY MEMBERS OF THE PUBLIC<br />

(File No10/03/04)<br />

(In accordance with Regulation 38 of the Local Government (Meeting Procedures) Regulations<br />

2005 and in accordance with <strong>Council</strong> Policy, deputation requests are invited to address the<br />

Meeting and make statements or deliver reports to <strong>Council</strong>)


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 8<br />

9. MOTIONS ON NOTICE<br />

9.1 NOTICE OF MOTION – ALD JAMES<br />

BEGONIA STREET, LINDISFARNE<br />

(File No 10/03/05)<br />

In accordance with Notice given Ald James intends to move the following Motion:<br />

“1. That with a view to improving the traffic flows and road safety in Begonia Street,<br />

Malunna and Beach Roads, Lindisfarne, <strong>Council</strong> authorises the General Manager<br />

to undertake the following actions:<br />

� liaise with the Department of Infrastructure, Energy and Resources (DIER) to<br />

approve a change in speed limit to 40kph for the road sections along Malunna<br />

and Beach Roads, from the Lincoln Street / Malunna Road intersection to the<br />

Malunna Road / Begonia Street intersection and install 40kph repeater signs<br />

at regular intervals along these road sections and<br />

� initiate the Local Government (Highways) Act Section 31(1) – (3) process to<br />

implement a one-way west to east bound traffic flow, between the eastern<br />

property boundary of 164 Begonia Street and the junction of Begonia Street<br />

and Flagstaff Gully Road.<br />

2. That the General Manager provides an updated officer report on the progress and<br />

timing of the proposed capital works sponsored by the Federal Government at the<br />

junction of the East Derwent and Tasman Highways, Rose Bay”.<br />

EXPLANATORY NOTES<br />

In the officer’s report associated with Begonia Street on the 5 September 2011 <strong>Council</strong><br />

Meeting <strong>agenda</strong>, it was noted that when giving consideration to the gravel section of<br />

Begonia Street the report stated:<br />

‘…there would seem to be 2 key issues:<br />

� strategic function of Begonia Street in the road network; and<br />

� road safety.<br />

Closely aligned to these 2 key issues are 2 principal objectives that should be<br />

considered as part of any assessment of the key issues. These 2 principal objectives<br />

can be summarised as:<br />

� arterial traffic should be confined to arterial roads with residential roads<br />

handling only residential traffic; and<br />

� any upgrade or modification to the road network should reduce risk of<br />

conflict.’<br />

/contd on Page 9…


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 9<br />

NOTICE OF MOTION – ALD JAMES<br />

BEGONIA STREET, LINDISFARNE /contd…<br />

In terms of the 2 principal objectives, the one-way traffic flow is an attempt to dissuade<br />

arterial traffic from using a residential road, and to reduce conflict.<br />

The physical changes needed to implement the one way proposal are minimal in terms of<br />

technical difficulty and financial cost; only signage is required. Costly re-routing<br />

infrastructure is not required, as a motorist who travels along the Flagstaff Gully Link<br />

Road and finds the changed traffic conditions will be able to turn around at the turning<br />

circle near the quarry. The changes could be easily reversed if they were found to be<br />

unsuccessful.<br />

If the Transport Commission gives its permission, the alteration could be in place within<br />

a few months, and it would be relatively easy to police.<br />

This motion does not interfere with the last <strong>Council</strong> decision in relation to Begonia Street<br />

on 5 September 2011 which included the resolution that:<br />

‘…<strong>Council</strong> not lodge an application to widen and seal the gravel section of Begonia<br />

Street as part of the current round of Black Spot funding and reassess the matter<br />

once the proposed subdivision is commenced and the necessary DIER arterial road<br />

junction treatments have been constructed.’<br />

Some ideas suggested at the recent public <strong>meeting</strong> have already been canvassed with the<br />

<strong>Council</strong> officers and DIER, i.e. the stop sign and the 2 tonne limit. It has been<br />

determined by DIER that the first suggestion is not warranted, and <strong>Council</strong> officers have<br />

advised that the second suggestion is likely to create unforeseen consequences including<br />

some service vehicles and motor homes being unable to use Begonia Street.<br />

R H James<br />

ALDERMAN<br />

GENERAL MANAGER’S COMMENTS<br />

<strong>Council</strong> can initiate the Section 31 process under the Local Government (Highways) Act.<br />

After statutory consultation and <strong>Council</strong>’s consideration of the representations, the<br />

approval of the one way traffic proposal rests with the Transport Commission.


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 10<br />

10. REPORTS FROM OUTSIDE BODIES<br />

This <strong>agenda</strong> item is listed to facilitate the receipt of both informal and formal reporting<br />

from various outside bodies upon which <strong>Council</strong> has a representative involvement.<br />

10.1 REPORTS FROM SINGLE AND JOINT AUTHORITIES<br />

Provision is made for reports from Single and Joint Authorities if required<br />

<strong>Council</strong> is a participant in the following Single and Joint Authorities. These Authorities are<br />

required to provide quarterly reports to participating <strong>Council</strong>s, and these will be listed under this<br />

segment as and when received.<br />

� SOUTHERN TASMANIAN COUNCILS AUTHORITY<br />

Representative: Ald Doug Chipman, Mayor or nominee<br />

Quarterly Reports<br />

Not required.<br />

Representative Reporting<br />

� COPPING REFUSE DISPOSAL SITE JOINT AUTHORITY<br />

Representatives: Ald Don Cusick<br />

(Ald Sharyn von Bertouch, Deputy Representative)<br />

Quarterly Reports<br />

The Copping Refuse Disposal Site Joint Authority has distributed its Quarterly Report<br />

for the period January to March <strong>2012</strong>.<br />

In accordance with Regulation 15 of the Local Government (Meeting Procedures)<br />

Regulations 2005 the Report will be tabled in Closed Meeting.<br />

Representative Reporting<br />

/contd on Page 11…


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 11<br />

� SOUTHERN WASTE STRATEGY AUTHORITY<br />

Representative: Ald Richard James<br />

(Ald Sharyn von Bertouch, Proxy)<br />

Quarterly Reports<br />

The Southern Waste Strategy Authority has distributed its Quarterly Report for the<br />

period January to March <strong>2012</strong> (Attachment 1).<br />

RECOMMENDATION:<br />

That the Report of the Southern Waste Strategy Authority for the Quarter ending<br />

31 March <strong>2012</strong> be received by <strong>Council</strong>.<br />

Representative Reporting


Quarterly Report – March <strong>2012</strong><br />

1. Summary<br />

This report on the general and financial performance of the Southern<br />

Waste Strategy Authority (SWSA) for the March <strong>2012</strong> quarter is<br />

provided to member councils, in accordance with Section 36B of the<br />

Local Government Act 1993.<br />

2. General Performance<br />

2.1 Projects<br />

� The SWSA Project Officer advises that federal funding for the<br />

Australian Sustainable Schools Initiative (AuSSI) has been dropped.<br />

He recently joined the Australian Education for Sustainability<br />

Alliance at an advocacy day in Canberra. The main objectives for the<br />

day were:<br />

To achieve a public commitment, and plan from all political parties<br />

by April 2013 to support and enhance quality Education for<br />

Sustainability by realising AESA’s policy platform by 2015 in order to<br />

achieve best practice.<br />

Additionally the Alliance wants the government to strengthen EfS by<br />

a funding commitment for its policy platforms and to have the other<br />

parties support its policy platform in their election policies.<br />

The AESA will create a pathway to strengthening the following policy<br />

areas:


a. The National Curriculum<br />

b. The Australian Sustainable Schools Initiative<br />

c. Tertiary Sustainability<br />

d. Professional Development..<br />

� The new website www.taswaste.com.au is continuing to be<br />

expanded with the number of hits being maintained at a high level.<br />

Significant follow up phone calls in the office are received from<br />

persons who have initially accessed the website.<br />

� The Household Hazardous Waste Co-ordinator (at LGAT) has<br />

reported that there are insufficient funds left to conduct a collection<br />

similar to the current year. This has occurred because the volumes<br />

collected last November were far in excess of previous years and<br />

consequently the disposal costs were significantly higher. The past<br />

arrangements have been 4 collection days per cycle (2 North, 2<br />

South). This would mean that the cost for <strong>2012</strong>/13 would be slightly<br />

over $200,000 and with SWSA <strong>meeting</strong> 49% of the LG cost. If there<br />

was only 1 collection in the South the cost would be about $150,000<br />

with $50,000 of State money currently being held by LGAT, which<br />

would leave approx. $100,000 to be met by LG.. If SWSA’s<br />

proportion was reduced to 33% because of the reduction in<br />

collections, the amount SWSA would have to pay would be within<br />

the proposed budget allocation for <strong>2012</strong>/13. The Board has agreed<br />

to put this proposal to a <strong>meeting</strong> of Regional Waste Groups to be<br />

held in May.<br />

� The Organics collection trials in the North and North West are<br />

continuing and Hobart <strong>City</strong> <strong>Council</strong> is proposing to commence one in<br />

the near future in South Hobart.<br />

� The Project Officer reports that, following the recent free e-waste<br />

drop-off held across the State, approximately 140,000 kg of product<br />

was collected (which was in excess of the 30,000kg per site<br />

required). Despite the disorganisation preceding the event and the<br />

short time frame for promotion, the weekend went ahead smoothly.<br />

Some <strong>Council</strong> feedback is that the event was not adequately<br />

publicised and many members of the public were not aware of it.<br />

The Board had previously been advised of officers’ concerns<br />

regarding this matter who can only concur with regarding the<br />

publicity.<br />

2


This will be the only collection funded by Apple but the new<br />

Commonwealth Scheme will commence shortly although it is unclear<br />

when it may reach Tasmania. The three Regional Waste Groups<br />

have agreed to meet in the near future to discuss a uniform state<br />

wide implementation of the scheme as SWSA is already receiving<br />

approaches from commercial enterprises (suppliers of collection<br />

services) regarding future collections.<br />

� The “Groundswell” composting trial is progressing well at Barretta<br />

(Kingborough). The VRM inoculant has been purchased and the<br />

current site is being cleared of existing composting heaps. SWSA<br />

will continue to work closely with Kingborough <strong>Council</strong> to progress<br />

the trial to its conclusion.<br />

2.2 Governance<br />

� The Waste Advisory Committee met in February and the final<br />

minutes have not as yet been made available. The minutes will be<br />

distributed to <strong>Council</strong>s when available. WAC has decided to convene<br />

a workshop of participants in the waste industry to commence the<br />

review of the State Waste and Resources Management Strategy as<br />

well as plan for future initiates in Waste Management. The date of<br />

the next <strong>meeting</strong> has not yet been set but it is envisaged it will take<br />

place early in the new financial year.<br />

� The mooted State mandated Waste Levy discussions progress;<br />

Alan Garcia (LGAT) has held preliminary discussions with State<br />

Representatives using the Blue Environment discussion paper as a<br />

basis.<br />

It is anticipated that a final proposition if one can be reached will be<br />

considered by the July General Meeting of LGAT.<br />

In the meantime the Chairman and CEO will endeavour to visit all<br />

Members as soon as there is a firm proposition to explain the details<br />

of the proposals to elected members around late May/early <strong>June</strong>.<br />

� The Board last year decided to seek cheaper options regarding the<br />

preparation of the Financial Statements for 2011/12. Following some<br />

investigations, it was agreed that the Statements would be produced<br />

internally in 2011/12 which would be the least cost option for SWSA<br />

and that the situation would be reviewed later in the year to<br />

determine the success or otherwise of this alternative.<br />

3


� Veolia MRF Gate Prices – The CEO and Project Officer recently held<br />

separate <strong>meeting</strong>s with both Veolia and Aussie Waste regarding<br />

future increases in the gate price at Veolia’s MRF’s. Aussie Waste is<br />

concerned by the significant jump being proposed by Veolia in a<br />

relatively short period of time. It doesn’t feel that this proposed<br />

increase gives fair warning and adequate time to advise its<br />

customers.<br />

Veolia has defended this move, citing a drop in commodity prices, an<br />

increase in export freight costs and the foreign exchange rate having<br />

an effect on sales value.<br />

This is further exacerbated by the fact the Victorian Government has<br />

introduced a tax on freight coming into the Port of Melbourne. Veolia<br />

advised that the Commonwealth has made $M20 available to<br />

Tasmania to offset the shipping increases. The Chair has written to<br />

the State Minister who will recommend the distribution of these<br />

funds requesting that an appropriate amount be made available to<br />

offset the increase in price for shipping recyclate to the mainland.<br />

The CEO recommended that Aussie Waste seek some expert<br />

independent advice on the matter.<br />

In addition the CEO has contacted the other Regional Waste Groups<br />

in an endeavour to co-ordinate a unified response to Veolia’s<br />

demands.<br />

<strong>Council</strong>s serviced by Aussie Waste will be immediately affected and<br />

the increases will gradually flow through to Veolia customers.<br />

This matter will be discussed at the forthcoming <strong>meeting</strong> of Regional<br />

Waste Groups.<br />

3. Financial Performance<br />

3.1 Profit & Loss<br />

Following this Report is the Profit and Loss (Budget Analysis) for the<br />

Financial Year 2011/12 to March 31 st <strong>2012</strong>.<br />

This Analysis shows that the year to date has a surplus of $68,860<br />

compared to the budgeted surplus of $37,148 for the same period.<br />

The significant variations are:-<br />

Income<br />

There are no significant variations in income.<br />

Expenditure<br />

Parking – No account was received in March. Two months will be<br />

paid in April<br />

4


Advertising Expenditure is $25,858 under budget. This has come<br />

about because of the good value package deals we have been able<br />

to obtain from Southern Cross. A new advertising campaign has<br />

commenced but there will be some savings in this account at 30 th<br />

<strong>June</strong>. This can be used to offset the over-expenditure on the HHW<br />

Program.<br />

Consultants and Contractors is $11,439 under budget. At this stage<br />

there is no indication that further expenditure will be required on<br />

consultants during the balance of the year.<br />

General Expenses is $1,724 over budget. The cost of registration for<br />

the Waste Conference has been included and it is anticipated that<br />

the account will be in balance by 30 th <strong>June</strong>.<br />

Households Hazardous Waste Programs is $11,581 over budget.<br />

Because of the huge increase in volume collected, the actual cost far<br />

exceeded what was anticipated. This will be an over-expenditure for<br />

the year.<br />

Motor Vehicle Expenses (MVX-DES) is $2,100 over budget. A major<br />

service including the purchase of 4 tyres has meant this item is<br />

over-expended. The Board was advised of this possibility when it<br />

was decided not to replace the existing vehicles.<br />

Printing, Postage & Stationery is $450 over budget. A misallocation<br />

has been identified and a journal entry will be prepared transferring<br />

about $1000 to Travel & Entertainment.<br />

Subscriptions are $221 over budget. Most of these expenses are<br />

annual amounts which occur in the first half of the year. The account<br />

should be back in balance by end of <strong>June</strong><br />

Travel & Entertainment is $7944 under budget. This will used for<br />

travel to the Waste Conference. Note comment re printing which will<br />

also be charged against this account.<br />

Overall the financial report is satisfactory and SWSA will be able to<br />

pay all bills as they fall due.<br />

5


David Sales<br />

CHIEF EXECUTIVE OFFICER<br />

24 th May <strong>2012</strong><br />

6


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 18<br />

10.2 REPORTS FROM COUNCIL AND SPECIAL COMMITTEES AND OTHER<br />

REPRESENTATIVE BODIES<br />

AUDIT COMMITTEE<br />

(File No 07/02/12)<br />

Chairperson’s Report – May <strong>2012</strong><br />

The Audit Committee met on 16 May <strong>2012</strong> and I attach a copy of the draft Minutes of the<br />

Meeting for tabling at <strong>Council</strong>’s Meeting (Attachment 1).<br />

The May <strong>2012</strong> <strong>meeting</strong> focused on the remaining projects in the 2011/12 Annual Audit<br />

Programme, with a final report being received on Project 27 - Development Applications and<br />

Compliance. A number of process improvements were identified from this audit and<br />

implementation of management action plans associated with these findings will be monitored by<br />

the Committee. No significant matters were raised in these audits that warranted further<br />

investigation.<br />

Importantly, the Committee received an update and presentation on the progress to-date of the<br />

implementation of the objectives envisaged in Project 26 – Long Term Financial and Asset<br />

Management Sustainability Planning. It is recognised by the Committee that additional work on<br />

the Project will occur over the ensuing months. Furthermore, <strong>Council</strong>’s own consideration on<br />

this important policy and financial strategy has yet to occur. The Committee is keen to ensure<br />

that it adds value to this most important project and assists <strong>Council</strong> to best position <strong>Clarence</strong> in<br />

terms of its long term financial sustainability. To this end the Committee intends to continue to<br />

overview this project as a standing <strong>agenda</strong> item throughout the <strong>2012</strong>/13 period.<br />

The Committee also gave consideration to a variety of other potential projects for the <strong>2012</strong>/13<br />

Annual Audit Programme. A mixture of projects has been identified which are listed below and<br />

now recommended for confirmation by the <strong>Council</strong>:<br />

1. Risk Management - Public Events<br />

The <strong>Council</strong> organises and conducts a number of significant public events during each<br />

calendar year particularly over the summer months eg Seafarers Festival, Carols by<br />

Candlelight, Jazz festival etc. Inherent with the conduct of such events issues of public<br />

safety and public liability are important risk management considerations.


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 19<br />

The review would look at the efficiency and effectiveness of current practices in the<br />

management of events benchmarked against industry standards and guidelines for public<br />

event management with an emphasis on risk and public safety.<br />

2. Review of <strong>Council</strong> Office OH&S Responsibilities<br />

The <strong>Council</strong> has a clear legal responsibility to all persons occupying/visiting its facilities.<br />

Its workplaces are required to cater not only for a large number of office-based staff, but<br />

Aldermen, committee members and the public. Office accommodation is incorporated in<br />

several locations including the <strong>Council</strong> offices, depot, Family Day Care facility and<br />

School House Gallery. These facilities have varying characteristics: The <strong>Council</strong> offices<br />

are some 40 years old with the last meaningful alteration being undertaken in the mid<br />

1990’s (the area currently occupied by Integrated Assessment); the <strong>Council</strong> Chambers<br />

and reception area is essentially original; the <strong>Council</strong> depot is a similar vintage and has<br />

undergone little significant change; the Family Day Care facility was constructed within<br />

the last 10 years; and the School House Gallery was designed as a replica heritage<br />

structure.<br />

The needs of both the organisation and the <strong>Council</strong> itself have not diminished over time<br />

and the offices in particular have experienced a continual increase in demand and need<br />

for space. It would be appropriate to assess the various office and public spaces in<br />

respect of OH&S obligations to staff, Aldermen, committee members and general public.<br />

Advice would need to be obtained with respect to such an assessment. However, it<br />

would likely consider issues such as appropriate areas of space, access/egress, corridors<br />

and other elements of physical layout, security, fire systems, temperature and air quality<br />

control, and electrical, data and communication wiring. Issues such as public access,<br />

capacity and DDA compliance are also matters relevant particularly in respect to the<br />

<strong>Council</strong> Chamber and <strong>meeting</strong> environments which were designed before many of the<br />

current regulations on such matters were in place.<br />

3. Child Care, School Holiday Programme and Out of School Hours Care<br />

<strong>Council</strong> operates a range of services in respect to the delivery of children support<br />

services within the community. These programmes are funded/administered by the<br />

Commonwealth and State Governments (with <strong>Council</strong> as the delivery agency) and entail<br />

service delivery, reporting, claims processing obligations for <strong>Council</strong>.


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 20<br />

The review would focus on processes and controls relating to financial transactions<br />

(including billing, payments, and debt management), and administrative requirements<br />

associated with receipt of grants, subsidies and parent fees as well as including<br />

attendance registration, activity management and risk management.<br />

4. HR/Payroll<br />

To assess that appropriate controls are in place in regard to all payroll activities and that<br />

statutory and other registers and records are adequately maintained. The review could<br />

also consider whether appropriate Human Resource policies are in place and are<br />

administered in accordance with statutory and other requirements.<br />

Whilst a similar audit project on this subject was undertaken in 2006 a number of staff<br />

changes in this work area have occurred in the intervening period and it may now be<br />

timely to again consider this area.<br />

The Committee is now seeking that the <strong>Council</strong> now endorse the above Audit Programme for<br />

<strong>2012</strong>/13. The Committee is next due to meet in September <strong>2012</strong> with the view to appointing<br />

service providers to undertake audit projects. It is anticipated that the work on the programme<br />

will be able to commence before the end of the calendar year.<br />

RECOMMENDATION:<br />

A. That the Chairperson’s Report be received by <strong>Council</strong> and notes that the Committee will<br />

maintain an on-going overview on the implementation of Project 26 - Long Term<br />

Financial and Asset Management Planning and Sustainability Planning; and<br />

B. That <strong>Council</strong> endorses the following matters as the basis of the Audit Committee’s Audit<br />

Programme for <strong>2012</strong>/2013.<br />

1. Risk Management - Public Events;<br />

2. Review of <strong>Council</strong> Office OH&S Responsibilities;<br />

3. Child Care, School Holiday Programme and Out of School Hours Care; and<br />

4. HR/Payroll.<br />

Attachments: 1. Minutes of Audit Committee Meeting (8)<br />

Ron Ward<br />

CHAIRPERSON


MINUTES OF A MEETING OF THE COUNCIL AUDIT COMMITTEE HELD IN<br />

THE COUNCIL CHAMBERS RECEPTION ROOM AT THE COUNCIL<br />

OFFICES, BLIGH STREET, ROSNY PARK ON WEDNESDAY, 16 MAY <strong>2012</strong><br />

Note: this <strong>meeting</strong> was initially scheduled for Wednesday, 9 May <strong>2012</strong> and was, with the agreement of<br />

the Committee members, rescheduled to 16 May <strong>2012</strong>.<br />

HOUR CALLED: 4.00 pm<br />

PRESENT:<br />

The <strong>meeting</strong> commenced at 4.05 pm<br />

COMMITTEE MEMBERS: Mr R Ward (Chairperson)<br />

Mr P Brown<br />

Mr J Mazengarb (arrived 4.21pm)<br />

Ald H Chong<br />

Ald M McManus<br />

Ald S von Bertouch (Proxy)<br />

IN ATTENDANCE: General Manager<br />

(Mr A Paul)<br />

Corporate Secretary<br />

(Mr A van der Hek)<br />

Manager Integrated Assessment<br />

(Mr Ross Lovell)


AUDIT COMMITTEE – 16 May <strong>2012</strong> 2<br />

1. APOLOGIES<br />

Mr J Mazengarb for late arrival.<br />

Mr F Barta<br />

2. CONFIRMATION OF MINUTES<br />

MINUTES<br />

The Minutes of the Meeting of the Audit Committee dated 3 April <strong>2012</strong> have been circulated to<br />

Committee Members.<br />

RECOMMENDATION:<br />

That the Minutes of the Meeting of the Audit Committee dated 3 April <strong>2012</strong>, as circulated, be<br />

confirmed.<br />

Decision: It was RESOLVED<br />

3. ANNUAL AUDIT PLAN FOR 20011/12<br />

“That the Minutes of the Meeting of the Audit Committee dated 3 April<br />

<strong>2012</strong>, as circulated, be confirmed”.<br />

The following Projects make up the 2011/<strong>2012</strong> Annual Audit Plan programme formally adopted<br />

by the <strong>Council</strong>:<br />

� Project 25 - EFT Transactions; (Final report dealt with at 3 April <strong>2012</strong> <strong>meeting</strong>)<br />

� Project 26 - Long Term Financial and Asset Management Sustainability Planning;<br />

� Project 27 - Development and Building Applications and Compliance;<br />

� Project 28 - GST – Meeting Obligations and Maximising Benefits (Including Division<br />

81 Review); (Final report dealt with at 3 April <strong>2012</strong> <strong>meeting</strong>)<br />

� Project 29 - Insurance Covers (Final report dealt with at 3 April <strong>2012</strong> <strong>meeting</strong>).<br />

Projects 25, 28 and 29 have been previous dealt with by the Committee and actions arising now<br />

form part of the Management Action Plan.


AUDIT COMMITTEE – 16 May <strong>2012</strong> 3<br />

3.1 Project 26 - Long Term Financial and Asset Management Sustainability Planning<br />

Project 26 - Long Term Financial and Asset Management Sustainability Planning is<br />

designed to provide guidance to <strong>Council</strong> in its strategic approach to its future financial<br />

and the management of its asset.<br />

An updated Scope/Implementation Plan for Project 26 – Long Term Financial and Asset<br />

Management Sustainability Planning, prepared by the Corporate Treasurer was received<br />

at the last <strong>meeting</strong> of the committee. Background material on this project was provided.<br />

The General Manager provided a specific presentation to the Committee on the financial<br />

sustainability issues facing the <strong>Council</strong> and addressed other matters arising from the<br />

Implementation Plan.<br />

Mr Mazengarb arrived at the Meeting at this stage (4.21pm).<br />

Project 26 Recommendation<br />

A. That the update and presentation prepared by the Corporate Treasurer on<br />

Scope/Implementation Plan for Project 26 – Long Term Financial and Asset<br />

Management Sustainability Planning be received.<br />

B. That the Project be the subject of further review as to its implementation at<br />

subsequent <strong>meeting</strong>s.<br />

Decision: It was RESOLVED<br />

“A. That the update and presentation prepared by the Corporate<br />

Treasurer on Scope/Implementation Plan for Project 26 –<br />

Long Term Financial and Asset Management<br />

Sustainability Planning be received.<br />

B. That the implementation of the Project be the subject of<br />

on-going review as a standing item at subsequent <strong>meeting</strong>s.<br />

C. That the financial sustainability modelling under the<br />

Project be the subject of further specific consideration by<br />

the Committee at its February 2013 <strong>meeting</strong> prior to the<br />

<strong>Council</strong>’s consideration of its 2013/14 annual budget”.<br />

3.2 Project 27 - Development Applications and Compliance<br />

Based on the nature of the matters to be reviewed under this Project it was agreed by the<br />

Committee that it be undertaken “in-house” by the Corporate Support Group under the<br />

direction of the Corporate Secretary.<br />

Conduct of the Audit involved 4 members of the Corporate Support group, namely,<br />

Corporate Secretary, Corporate Lawyer, <strong>Council</strong> Lawyer and Risk Management Coordinator.


AUDIT COMMITTEE – 16 May <strong>2012</strong> 4<br />

A copy of the final report on Project 27 - Development Applications and Compliance<br />

was attached.<br />

The Manager Integrated Assessment Mr Ross Lovell was present for the consideration of<br />

this item.<br />

The Corporate Secretary provided an overview on the undertaking of this project and he<br />

and Mr Lovell answered questions from the Committee arising from the audit report.<br />

Project 27 Recommendation<br />

That the progress Report from the Corporate Secretary on Project 27 – Development<br />

Applications and Compliance be noted.<br />

Decision: It was RESOLVED<br />

“A. That the Report from the Corporate Secretary on Project 27<br />

– Development Applications and Compliance be received.<br />

B. That the agreed Management Action Plan be endorsed and<br />

be the subject of review as to implementation at<br />

subsequent <strong>meeting</strong>s”.<br />

4. CONSIDERATION OF ANNUAL AUDIT PLAN FOR <strong>2012</strong>/13<br />

To allow for early commencement of next year’s audit programme the Committee may wish at<br />

this stage to consider suitable items (usually up to 4 items) for inclusion in the Annual Audit<br />

Plan for <strong>2012</strong>/13. These considerations would also extend to any other matters that members<br />

may wish to put forward.<br />

While the audit plan is purely a matter for the Committee to determine and recommend to<br />

<strong>Council</strong>, suggested topics for inclusion in the <strong>2012</strong>/13 programme include:<br />

� Fleet Management (including lease of plant)<br />

� Debt Collection<br />

� HR/Payroll<br />

� Materials Handling<br />

� Stores Management<br />

� Risk management – Public Events<br />

� Child Care, School Holiday Programme and Out of School Hours Care<br />

� OH&S Review of <strong>Council</strong> Premises


AUDIT COMMITTEE – 16 May <strong>2012</strong> 5<br />

Brief outlines for these projects were provided. The outlines provided should be regarded as an<br />

indicative description only, as full scoping of the projects would still need to be undertaken. The<br />

level of importance and value of the identified projects does, however, vary.<br />

Additionally, to assist the Committee’s consideration of projects, a schedule of audit projects<br />

previously undertaken by the Committee was attached.<br />

As has been the focus in previous audits, it is considered important that any of the audit projects<br />

undertaken are not simply compliance and/or fault finding in nature, but rather, focused at<br />

providing the Committee and the organisation with valuable input and advice on enhancements<br />

and improvements.<br />

RECOMMENDATION:<br />

A. That the Committee considers and determines on the suitable projects that it wishes to<br />

recommend for inclusion in the 2011/<strong>2012</strong> Annual Audit Plan.<br />

B. That following <strong>Council</strong>’s adoption of the Plan, service providers/auditors be requested to<br />

prepare scoping documentation in respect to the new auditable matters together with<br />

details of the resourcing and expertise that the service providers/auditors propose to<br />

utilise on the projects, for consideration by the Committee.<br />

Decision: It was RESOLVED<br />

“A. That the following projects be listed for consideration in setting<br />

the Annual Audit Plan for 2013/14:<br />

- Asset Performance; and<br />

- Carbon Tax implications.<br />

B. “That the Committee recommends to the <strong>Council</strong> that the<br />

following projects be included on the Audit Plan for<br />

<strong>2012</strong>/13:<br />

- Risk Management - Public Events;<br />

- OH&S Review of <strong>Council</strong> Premises/Facilities;<br />

- Child Care, School Holiday programme and Out of School<br />

Hours Care (including registration, activity management<br />

and risk management); and<br />

- HR/Payroll.<br />

C. That following <strong>Council</strong>’s adoption of the Plan, service<br />

providers/auditors be requested to prepare scoping documentation<br />

in respect to the audit projects together with details of the<br />

resourcing and expertise that the service providers/auditors<br />

propose to utilise on the projects, for consideration by the<br />

Committee”.


AUDIT COMMITTEE – 16 May <strong>2012</strong> 6<br />

5. ACCOUNTING POLICY AND ANNUAL STATEMENTS OF ACCOUNTS<br />

The opportunity for the Committee to view and have possibly input into the <strong>Council</strong> accounting<br />

policy was recently raised by the Committee. Additionally the Committee also sought to<br />

preview the Annual Statement of Accounts before final submission.<br />

This matter was listed for the Committee to discuss the timeframe for when this input could be<br />

facilitated based on the requirement on <strong>Council</strong> to finalise these processes. In respect to these<br />

requirements, the General Manager provided further clarification to the <strong>meeting</strong> particularly on<br />

the timing difficulties associated with the deadline for finalisation of the annual accounts for<br />

submission to the Auditor General.<br />

RECOMMENDATION:<br />

A matter for the Committee to determine.<br />

Decision: It was RESOLVED<br />

6. MANAGEMENT ACTION PLAN<br />

“A. That, as suggested, the draft Accounting Policies policy be<br />

distributed to Committee members for comment prior to<br />

preparation of the <strong>2012</strong>/13 Financial Statements;<br />

B. That for information purposes, the draft (as submitted) of the<br />

Financial Statements be distributed to Committee members at the<br />

same time as being submitted to the Auditor General;<br />

C. That a copy of the final Financial Statements be distributed to<br />

the Committee as part of its normal consideration of the Auditor<br />

Generals external audit; and<br />

D. That the Chairperson liaise with the Corporate Secretary on<br />

identifying suitable <strong>meeting</strong> dates in September and November to<br />

best suit the annual Statement of Accounts and external audit<br />

programme”.<br />

An updated Management Action Plan, including (as highlighted) management plan actions<br />

arising from Projects 25, 28 and 29, was provided.<br />

The Committee will see that the plan has included an outstanding action arising from Project 16<br />

- Emergency Management as a reminder to receive update reports from the Emergency<br />

Management Committee following testing exercises conducted on the <strong>Clarence</strong> Emergency<br />

Management Plan.<br />

The Management Action Plan also includes any updated management actions undertaking in the<br />

interim period.


AUDIT COMMITTEE – 16 May <strong>2012</strong> 7<br />

RECOMMENDATION:<br />

That the advice be noted.<br />

Decision: It was RESOLVED<br />

“A. That the advice be noted; and<br />

7. SIGNIFICANT INSURANCE/LEGAL CLAIMS<br />

B. That the General Manager and Corporate Secretary follow up on<br />

the status of the alternative backup power supply proposed under<br />

the Management Action Plan for Project 19 and provide a further<br />

report on this matter to the next Committee <strong>meeting</strong>”.<br />

There has been no claims activity since the last report to the Committee.<br />

Claims review <strong>meeting</strong>s between the insurers and <strong>Council</strong> staff, occur on an infrequent basis. At<br />

the next available time, the need to continue with the long term listed matters will be raised with<br />

the insurers.<br />

RECOMMENDATION:<br />

That the advice be noted.<br />

Decision: It was RESOLVED<br />

8. ANY FURTHER BUSINESS<br />

“That the advice be noted”.<br />

Mr Mazengarb suggested that the Committee work towards establishing a full year calendar for<br />

its<br />

Decision: It was RESOLVED<br />

“That to achieve a full year calendar of <strong>meeting</strong>s, the Committee <strong>meeting</strong>s<br />

be scheduled to occur on at least a quarterly basis and that the<br />

Chairperson and the corporate secretary liaise on the development of a<br />

suitable <strong>meeting</strong> schedule for <strong>2012</strong>/13”.


AUDIT COMMITTEE – 16 May <strong>2012</strong> 8<br />

9. TIME, DATE, PLACE OF NEXT MEETING<br />

Note: The Audit Committee is constituted by the <strong>Council</strong> as a Special Committee under the<br />

provisions of Section 24 of the Local Government Act 1993. The Committee’s charter provides<br />

for the purpose of the Committee and the manner in which it is to conduct its <strong>meeting</strong>s. There<br />

are no further obligations on the Committee under the Local Government Act as to <strong>meeting</strong><br />

conduct and timing of <strong>meeting</strong>s of the Committee and as such these matters are at the discretion<br />

of the Committee.<br />

RECOMMENDATION:<br />

That the Committee determine a suitable date (depending on the outcomes determined under<br />

Item 5) for the scheduling of the next Audit Committee Meeting.<br />

Decision: It was NOTED<br />

“That the timing for the next 2 <strong>meeting</strong>s of the Committee and for the<br />

forthcoming year was as decided under Items 5 and 8”.<br />

There being no further business the Meeting was declared closed at 5.37pm


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 29<br />

11. REPORTS OF OFFICERS<br />

11.1 WEEKLY BRIEFING REPORTS<br />

(File No. 10/02/02)<br />

The Weekly Briefing Reports of 14, 21 and 28 May <strong>2012</strong> have been circulated to Aldermen.<br />

RECOMMENDATION:<br />

That the information contained in the Weekly Briefing Reports of 14, 21 and 28 May <strong>2012</strong> be<br />

noted.


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 30<br />

11.2 DETERMINATION ON PETITIONS TABLED AT PREVIOUS COUNCIL MEETINGS


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 31<br />

11.3 PLANNING AUTHORITY MATTERS<br />

In accordance with Regulation 25 (1) of the Local Government (Meeting Procedures)<br />

Regulations 2005, the Mayor advises that the <strong>Council</strong> intends to act as a Planning Authority<br />

under the Land Use Planning and Approvals Act 1993, to deal with the following items:


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 32<br />

11.3.1 DEVELOPMENT APPLICATION D-2010/37 - 93 TANUNDAL STREET,<br />

HOWRAH - SWIM CENTRE HEAT PUMP ENCLOSURE<br />

(File No T004-93)<br />

EXECUTIVE SUMMARY<br />

PURPOSE<br />

The purpose of this report is to consider the application made for a heat pump<br />

enclosure at a swimming centre at 93 Tanundal Street, Howrah.<br />

RELATION TO PLANNING PROVISIONS<br />

The land is zoned Residential under the <strong>Clarence</strong> Planning Scheme 2007 (the<br />

Scheme). In accordance with the Scheme the proposal is a Discretionary<br />

development.<br />

LEGISLATIVE REQUIREMENTS<br />

The report on this item details the basis and reasons for the recommendation. Any<br />

alternative decision by <strong>Council</strong> will require a full statement of reasons in order to<br />

maintain the integrity of the Planning approval process and to comply with the<br />

requirements of the Judicial Review Act and the Local Government (Meeting<br />

Procedures) Regulations 2005.<br />

<strong>Council</strong> is required to exercise a discretion within the statutory 42 day period which<br />

has been extended to expire on 6 <strong>June</strong> <strong>2012</strong>.<br />

CONSULTATION<br />

The proposal was advertised in accordance with statutory requirements and 1<br />

representation was received raising the following issues:<br />

� noise;<br />

� emissions;<br />

� visibility;<br />

� maintenance of fence; and<br />

� <strong>Council</strong> approvals.<br />

RECOMMENDATION:<br />

A. That the Development Application for the Swim Centre Heat Pump Enclosure<br />

at 93 Tanundal Street, Howrah (Cl Ref D-2010/37) be approved subject to the<br />

following conditions and advice.<br />

1. GEN AP1 – ENDORSED PLANS.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 33<br />

2. Noise emitted from the heat pump must not exceed the noise levels as<br />

described in the Environmental Management and Pollution Control<br />

(Miscellaneous Noise) Regulations, 2004 so as not to interfere with the<br />

amenity of the area. A report from a suitably qualified person<br />

verifying the noise levels as not exceeding the Environmental<br />

Management and Pollution Control (Miscellaneous Noise)<br />

Regulations, 2004 is to be submitted to <strong>Council</strong> within 30 days of<br />

completion of the works. Should the report recommend that additional<br />

measures are necessary to achieve compliance with the Regulations<br />

these works must be undertaken and completed within 60 days of the<br />

date of the acoustic report.<br />

B. That the details and conclusions included in the Associated Report be recorded<br />

as the reasons for <strong>Council</strong>’s decision in respect of this matter.<br />

________________________________________________________________________<br />

ASSOCIATED REPORT<br />

1. BACKGROUND<br />

The swim centre (currently known as the Seahorse Swim Centre) was approved in<br />

1980 under Permit DA 34/80.<br />

<strong>Council</strong> has received complaints over a number of years concerning the noise created<br />

by the swimming pool’s heat pump. <strong>Council</strong> officers inspected the site on 26 October<br />

2011 and found that the noise from the heat pump was 5dB(A) above the noise levels<br />

allowed under the Environmental Management and Pollution Control (Miscellaneous<br />

Noise) Regulations, 2004. A private acoustic specialist recommended that the noise<br />

emissions could be reduced through construction of an enclosure and housing around<br />

the heat pump. The enclosure is not exempt from requiring a Planning permit and has<br />

partially been erected already.<br />

2. STATUTORY IMPLICATIONS<br />

2.1. The land is zoned Residential under the Scheme.<br />

2.2. The proposed development for Active Recreation is a Discretionary use in the<br />

Residential zone.<br />

2.3. The relevant parts of the Planning Scheme are:<br />

� Section 2 – Planning Policy Framework;


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 34<br />

� Section 3 – General Provisions;<br />

� Section 6 – Residential Zone.<br />

2.4. <strong>Council</strong>’s assessment of this proposal should also consider the issues raised in<br />

any representations received, the outcomes of the State Policies and the<br />

Objectives of Schedule 1 of the Land Use Planning and Approvals Act, 1993<br />

(LUPAA).<br />

3. PROPOSAL IN DETAIL<br />

3.1. The Site<br />

The site is 617m 2 in area and is located on the northern side of Tanundal<br />

Street, from which all access is obtained. The site currently contains a single<br />

dwelling with a covered swimming pool at the rear. The pool operates as a<br />

commercial swim centre providing private and group tuition to adults, babies,<br />

children and juniors. The pool is heated by a heat pump located in the northwestern<br />

rear corner of the property.<br />

3.2. The Proposal<br />

The existing heat pump is 1.198m in height above natural ground level. The<br />

proposal is for the construction of an enclosure made of sound reducing<br />

materials including a Hebel wall, 2.56m in length along the northern rear<br />

boundary, 6.3m in length along the western side boundary and a maximum<br />

height of 2.3m to the truss peak. In accordance with the recommendations of<br />

an acoustic specialist, additional housing constructed of noise reducing<br />

materials would be built directly around the heat pump. The maximum height<br />

of the structure would be a chimney 2.7m above natural ground level.<br />

4. PLANNING ASSESSMENT<br />

4.1. Planning Policy Framework [Section 2]<br />

The relevant elements of the Planning Policy Framework are contained in<br />

Section 2.2.3 (a) (i) – Residential Land Use. In particular, a Key Objective<br />

includes protecting the safety and amenity of residential areas adjacent to<br />

sensitive or conflicting land uses and environments.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 35<br />

Reference to these principles is also contained in the discussion below.<br />

4.2. General Decision Requirements [Section 3.3.1]<br />

The relevant General Decision Requirements of this part are as follows.<br />

“(a) General requirements:<br />

(iii) The Planning Policy Framework;<br />

(iv) The Purposes of the Zone;<br />

(v) The Specific Decision requirements of the Zone,<br />

Overlay or Specific Provision;<br />

(vii) Any representation made in accordance with Section<br />

43F(5) or Section 57(5) of the Act.<br />

(b) Amenity Requirements:<br />

(ii) Any pollution arising from the site in terms of noise,<br />

fumes, smell, smoke or ventilation”.<br />

Reference to these principles is also contained in the discussion below.<br />

4.3. Residential Zone<br />

The subject site is zoned Residential under the Scheme. The purpose of the<br />

Residential zone includes allowing for a limited range of community and other<br />

non-residential uses to serve local community needs. Active Recreation is a<br />

Discretionary use in this zone.<br />

� Use and Development Standards<br />

Clause 6.1.3 provides Use and Development Standards against which<br />

all Development Applications within the zone must be assessed.<br />

Compliance with these standards is summarised at Table 1 below.<br />

Table 1: Use and Development Standards of the Residential zone<br />

Outdoor<br />

Space<br />

Services<br />

Site Cover<br />

Required Proposed Complies?<br />

minimum of<br />

123.4m 2<br />

water and sewer<br />

connection<br />

maximum of<br />

246.8m 2<br />

no reduction of<br />

existing outdoor<br />

space area of 51m 2<br />

connections<br />

already exist<br />

no increase to<br />

existing site cover<br />

which is 330m 2<br />

no<br />

yes<br />

no


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 36<br />

Building<br />

Height<br />

Setback –<br />

Northern<br />

Rear<br />

Setback –<br />

western side<br />

maximum of 7.5m<br />

the maximum<br />

height of the<br />

proposed heat<br />

pump enclosure is<br />

2.7m above<br />

natural ground<br />

level<br />

yes<br />

0m 0m yes<br />

0m 0m yes<br />

In summary, the proposal complies with the standards relating to<br />

building setbacks, height and services. The site has existing non-<br />

conforming site cover and outdoor space, however, as the proposed<br />

enclosure is unroofed and used for the swim centre, the proposed<br />

development will not increase the existing non-conformity of the site<br />

cover or outdoor space provided on the property.<br />

� Specific Decision Requirements<br />

Clause 6.1.4 provides the following Specific Decision Requirements<br />

which are relevant to the proposal.<br />

“(h) Appropriate separation should be provided between<br />

buildings to ensure adequate solar access and<br />

privacy”.<br />

The panels of the sound enclosure would be maximum height of 1.8m<br />

above natural ground level, which is the same height as a standard<br />

boundary fence. Boundary fences under the Scheme are exempt to<br />

2.1m above natural ground level. Any walls exceeding this height are<br />

required to comply with building setback requirements.<br />

Notwithstanding this, the proposed enclosure will not cause any undue<br />

impact on adjoining properties through loss of privacy or solar access,<br />

as additional overshadowing will be minimal (predominantly cast upon<br />

the subject site) and the wall will prevent casual overlooking.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 37<br />

“(k) Non-residential use and development should respect the<br />

residential amenity of the area”.<br />

The intent of the proposed enclosure is to reduce the noise emissions<br />

created by the swim centre’s heat pump in respect of the residential<br />

amenity of the area.<br />

In summary, the proposed development complies with the<br />

requirements of the Residential zone in so far as adjacent properties are<br />

affected.<br />

4.4. External Referrals<br />

No external referrals were required or undertaken as part of this application.<br />

5. REPRESENTATION ISSUES<br />

The proposal was advertised in accordance with statutory requirements and 1<br />

representation was received. The following issues were raised by the representor.<br />

5.1. Noise<br />

Concern was raised that the noise levels recorded by the acoustic specialist<br />

show that the heat pump exceeds permitted levels. This has detrimentally<br />

impacted on the amenity of the adjoining northern residence, in particular the<br />

rear bedroom as the heat pump runs during the night and also it has impacted<br />

on the outdoor recreation areas. It is also noted that there is yet no gate to the<br />

enclosure and it is questioned how such a gate could be effective at reducing<br />

noise.<br />

Concern is also raised that the opening and closing of the door to the<br />

swimming pool is very noisy.<br />

� Comment<br />

The partially constructed Hebel sound enclosure is not effective alone<br />

at reducing noise emissions to an acceptable level. The proposal is to<br />

construct a sound-reducing structure within the enclosure over the heat<br />

pump with an aim to further reduce noise.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 38<br />

The noise consultant’s report included with the application states that<br />

in addition to this, the cooling fans could be slowed, an appropriate<br />

door installed and (potentially) partial roofing of the enclosure.<br />

It is recommended that the proposed structure be approved subject to a<br />

condition requiring a follow up report be provided within 30 days from<br />

a suitably qualified person assessing the effectiveness of the structure<br />

and verifying that the noise levels do not exceed the Environmental<br />

Management and Pollution Control (Miscellaneous Noise) Regulations,<br />

2004. If the levels are still found to be excessive, <strong>Council</strong> may require<br />

further mitigation measures.<br />

With respect to the opening and closing of the door to the pool, <strong>Council</strong><br />

has previously required the pool door to be kept closed at all times to<br />

reduce noise and the chlorine odour coming from the pool. <strong>Council</strong>’s<br />

Environmental Health Officer has reminded the owners of this<br />

requirement. Notwithstanding this, it is not relevant to the subject<br />

Development Application.<br />

5.2. Emissions<br />

Concern is raised that the condensation or mist expelled by cooling fans may<br />

drift over the fence onto adjoining properties.<br />

� Comment<br />

The heat pump creates condensation, which is directed to the ground,<br />

rather than vapour and this will not affect the adjoining property.<br />

5.3. Visibility<br />

It is observed that the structure being built around the heat pump is of a height<br />

which will be visible above the fence.<br />

� Comment<br />

The proposed “chimney” would be a minor protrusion above the<br />

structure housing the heat pump, setback approximately 3.5m from the<br />

rear boundary line and would reach a maximum height of 2.7m above<br />

natural ground level.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 39<br />

Although visible above the 1.8m high Hebel boundary wall, it will not<br />

cause a loss of views from any adjoining properties.<br />

5.4. Maintenance of Fence<br />

Concern is raised that the sound enclosure is erected against the existing<br />

boundary fence which restricts the ability to access the fence for repairs and<br />

maintenance.<br />

� Comment<br />

Maintenance of any boundary fencing behind the sound enclosure is a<br />

civil matter between the respective property owners.<br />

5.5. <strong>Council</strong> Approvals<br />

Concern is raised that the Hebel fence was erected without <strong>Council</strong> approval<br />

and that in light of <strong>Council</strong>’s subsequent inspections it was assumed approval<br />

had been granted. If it were known that the structure was not approved, the<br />

noise complaints would have been raised earlier.<br />

� Comment<br />

When the development was brought to <strong>Council</strong>’s attention, the owner<br />

was advised that the enclosure for the swimming pool heat pump<br />

required a Planning Permit. Retrospective approval is now sought to<br />

enable completion of the enclosure and also to remedy the noise<br />

impacts on adjoining residential properties.<br />

6. STATE POLICIES AND ACT OBJECTIVES<br />

6.1. The proposal is consistent with the outcomes of the State Policies, including<br />

those of the State Coastal Policy.<br />

6.2. The proposal is consistent with the objectives of Schedule 1 of LUPAA.<br />

7. COUNCIL STRATEGIC PLAN/POLICY IMPLICATIONS<br />

There are no inconsistencies with <strong>Council</strong>’s adopted Strategic Plan 2010-2015 or any<br />

other relevant <strong>Council</strong> Policy.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 40<br />

8. CONCLUSION<br />

The proposed development will only improve the existing impact on surrounding<br />

residential amenity and ideally resolve the noise complaints received by <strong>Council</strong>.<br />

It is therefore recommended that the proposed development is approved subject to the<br />

conditions outlined above.<br />

Attachments: 1. Location Plan (1)<br />

2. Proposal Plan (5)<br />

3. Site Photo (1)<br />

Ross Lovell<br />

MANAGER INTEGRATED ASSESSMENT


Subject Site<br />

Attachment 1<br />

Location Plan D 2010/37 93 Tanundal St, Howrah<br />

Scale : 1:924.016<br />

Date Printed : 28/5/<strong>2012</strong><br />

Attachments: 93 Tanundal Street Page 1 of 7


Attachment 2<br />

Attachments: 93 Tanundal Street Page 2 of 7


Attachments: 93 Tanundal Street Page 3 of 7


Attachments: 93 Tanundal Street Page 4 of 7


Attachments: 93 Tanundal Street Page 5 of 7


Attachments: 93 Tanundal Street Page 6 of 7


93 Tanundal Street, HOWRAH<br />

Attachment 3<br />

Image 1: View of the heat pump enclosure located at the rear of the existing house.<br />

Image 2: View of heat pump and partially constructed enclosure.<br />

Attachments: 93 Tanundal Street Page 7 of 7


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 48<br />

11.3.2 DEVELOPMENT APPLICATION D-<strong>2012</strong>/26 - 465 AND 465A CLIFTON<br />

BEACH ROAD, CLIFTON BEACH - ALTERATIONS AND ADDITIONS TO<br />

CLUBHOUSE<br />

(File No C029-465A)<br />

EXECUTIVE SUMMARY<br />

PURPOSE<br />

The purpose of this report is to consider the application made for additions and<br />

alterations to the existing Surf Life Saving Clubhouse at 465 and 465a Clifton Beach<br />

Road, Clifton Beach.<br />

RELATION TO PLANNING PROVISIONS<br />

The land is zoned Recreation and subject to the Coastal Erosion Hazard and Coastal<br />

Management Overlays under the <strong>Clarence</strong> Planning Scheme 2007 (the Scheme). In<br />

accordance with the Scheme the proposal is a Discretionary development.<br />

LEGISLATIVE REQUIREMENTS<br />

The report on this item details the basis and reasons for the recommendation. Any<br />

alternative decision by <strong>Council</strong> will require a full statement of reasons in order to<br />

maintain the integrity of the Planning approval process and to comply with the<br />

requirements of the Judicial Review Act and the Local Government (Meeting<br />

Procedures) Regulations 2005.<br />

<strong>Council</strong> is required to exercise a discretion within the statutory 42 day period which<br />

has been extended to expire on 5 <strong>June</strong> <strong>2012</strong>.<br />

CONSULTATION<br />

The proposal was advertised in accordance with statutory requirements and 1<br />

representation was received raising the following issues:<br />

� existing pine tree; and<br />

� location of the bins and water tanks.<br />

RECOMMENDATION:<br />

A. That the Development Application for alterations and additions to Clubhouse<br />

at 465 and 465a Clifton Beach Road, Clifton Beach (Cl Ref D-<strong>2012</strong>/26) be<br />

approved subject to the following conditions and advice.<br />

1. GEN AP1 – ENDORSED PLANS.<br />

2. The building structural design is to incorporate the recommendations<br />

for building foundations described in Section 11.4 – Building<br />

Foundations of the Geo-Environmental Solutions “Coastal<br />

Vulnerability Assessment – Clifton Beach Surf Life Saving Club,<br />

Clifton Beach” dated March <strong>2012</strong>.<br />

3. ADVICE 5 – FOOD SPECIFICATIONS ADVICE.<br />

B. That the details and conclusions included in the Associated Report be recorded<br />

as the reasons for <strong>Council</strong>’s decision in respect of this matter.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 49<br />

DEVELOPMENT APPLICATION D-<strong>2012</strong>/26 - 465 AND 465A CLIFTON BEACH<br />

ROAD, CLIFTON BEACH - ALTERATIONS AND ADDITIONS TO CLUBHOUSE<br />

/contd…<br />

________________________________________________________________________<br />

ASSOCIATED REPORT<br />

1. BACKGROUND<br />

The Surf Life Saving Club was built in the early 1970’s. Since that time there have<br />

been 2 additions approved to the Club, the most recent being the Surf Life Saving<br />

Tower in 1999.<br />

2. STATUTORY IMPLICATIONS<br />

2.1. The land is zoned Recreation and subject to the Coastal Erosion Hazard and<br />

the Coastal Management Overlays under the Scheme.<br />

2.2. The proposal is a Discretionary development because Community Buildings<br />

are Discretionary within the Recreation zone. It is also Discretionary due to<br />

the requirements of the Coastal Erosion Hazard Overlay.<br />

2.3. The relevant parts of the Planning Scheme are:<br />

� Section 2 – Planning Policy Framework;<br />

� Section 3 – General Provisions;<br />

� Section 6 – Recreation Zone; and<br />

� Section 7 – Coastal Erosion Hazard and Coastal Management<br />

Overlays.<br />

2.4. <strong>Council</strong>’s assessment of this proposal should also consider the issues raised in<br />

any representations received, the outcomes of the State Policies and the<br />

Objectives of Schedule 1 of the Land Use Planning and Approvals Act, 1993<br />

(LUPAA).


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 50<br />

3. PROPOSAL IN DETAIL<br />

3.1. The Site<br />

The site is a regularly-shaped lease area on the eastern side of the cul-de-sac<br />

end of Clifton Beach Road and fronts onto Clifton Beach. There is an existing<br />

Surf Life Saving Clubhouse on-site with associated car parking. The existing<br />

clubhouse is a 2 storey building with storage and changerooms on the lower<br />

level and an open clubroom and deck area on the upper level.<br />

3.2. The Proposal<br />

The proposal is for additions and alterations to the existing Surf Life Saving<br />

Club at Clifton Beach.<br />

It is proposed to increase the ground floor area by 231.7m² from 258.9m² to<br />

490.6m². The new floor area will be drive-through storage. It is also proposed<br />

to amend the layout internally but not to introduce any new uses (it is noted<br />

that this element does not require Building approval).<br />

It is proposed to increase the upper floor area by 144m² from 185m² to 329m².<br />

The kitchen is to be relocated out to the northern side of the building, toilets<br />

will be installed where the kitchen was and a small office and archive will be<br />

located at the eastern end of the floor. The maximum building height will<br />

remain at 6.65m and the flat roof form will not be altered.<br />

A lift will also be installed on the western side of the building to meet the<br />

current Disability Discrimination Act requirements.<br />

There is currently room for 15 car parking spaces (with a gravel seal) within<br />

the lease area which is sufficient to satisfy Section 8.1 of the Planning<br />

Scheme. This was also considered appropriate construction by <strong>Council</strong>’s<br />

Engineers.<br />

It is also proposed to relocate the water tanks from the eastern boundary of the<br />

leased area to the north-western corner of the building.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 51<br />

A small storage shed and a shipping container are also to be removed from the<br />

site.<br />

4. PLANNING ASSESSMENT<br />

4.1. Planning Policy Framework [Section 2]<br />

The relevant elements of the Planning Policy Framework are contained in<br />

Section 2.2.3 (d) (iv) – Recreational and Community Facilities. In particular,<br />

the Key Issues include the following.<br />

“The need to integrate recreational and community facilities into<br />

residential neighbourhoods.<br />

The need to ensure that in coastal areas recreational and<br />

community facilities are located in a safe and environmentally<br />

sound manner and in a way that responds to the identified and<br />

anticipated effects of climate change”.<br />

These issues are addressed through the following Strategies.<br />

“Ensure that in coastal areas:<br />

� Public access to and along the coast, from both land and<br />

water, is maintained and enhanced where it does not conflict<br />

with the protection of natural and cultural coastal values,<br />

health and safety and security requirements. Access will be<br />

directed to identified access points and uncontrolled access<br />

with potential to cause significant damage to the fragile<br />

coastal environment will be prevented.<br />

� Community facilities, such as life saving facilities and<br />

essential emergency services, parking facilities, toilet blocks,<br />

picnic sites, rubbish disposal containers, boat ramps and<br />

jetties are provided at appropriate locations to enhance<br />

recreational amenity of the area.<br />

� Recreational use of the coastal zone is encouraged where<br />

activities can be conducted in a safe and environmentally<br />

responsible manner.<br />

� Recreational uses do not adversely affect sensitive coastal<br />

ecosystems and landforms or are located in designated areas<br />

where such effects can be remedied or mitigated.<br />

Development takes into account the identified and anticipated<br />

impacts of climate change”.<br />

Reference to these principles is contained in the discussion below.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 52<br />

4.2. General Decision Requirements [Section 3.3.1]<br />

The relevant General Decision Requirements of this part are as follows.<br />

“(a) (iv) The Purpose of the Zone.<br />

(v) The Specific Decision Requirements of the Zone,<br />

Overlay or Specific Provision.<br />

(vii) Any Representation made in accordance with Section<br />

43F(5) or Section 57(5) of the Act”.<br />

Reference to these principles is contained in the discussion below.<br />

4.3. Recreation Zone<br />

The purpose of the Recreation zone is to recognise land that may be utilised<br />

for recreation and to provide for uses which support this or which may be<br />

interim uses that will not prejudice future recreational activities.<br />

There are no Use and Development Standards that are applicable to the<br />

proposal, the only relevance being a requirement to assess any proposal in<br />

accordance with the Specific Decision Requirements for the zone.<br />

The relevant Specific Decision Requirements for the proposed additions and<br />

alterations are as follows.<br />

“(b) Development should be compatible with the recreation uses”.<br />

The proposal is for additions and alterations to a recreational club and as such<br />

is consistent with the zone.<br />

“(g) Development should maintain existing significant views from<br />

the surrounding area”.<br />

The proposed additions are to the east of the existing building where there are<br />

no residences likely to be impacted. The water tanks to be installed to the<br />

west are unlikely to impact on views from the dwellings behind due to their<br />

being located in the low point and the dune in front and dwellings behind<br />

being at a higher elevation to enable maintenance of views over the top.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 53<br />

“(h) Sufficient car parking is to be provided on-site to meet<br />

differing levels of service and recreational needs. Safe and<br />

convenient access is to be provided to all parking areas”.<br />

Car parking is provided in accordance with Section 8.1 of the Scheme. There<br />

is also additional car parking provided on the adjacent <strong>Council</strong> land to ensure<br />

that there is an excess of parking for the requirement of the area.<br />

Further discussion of these issues is included below.<br />

4.4. Overlays<br />

Coastal Erosion Hazard<br />

The purpose of the Coastal Erosion Hazard Overlay is to identify areas which<br />

may be subject to erosion, recession or wave run-up related to coastal<br />

processes and to control their impacts on coastal infrastructure and<br />

development.<br />

The relevant Decision Requirements for the Coastal Erosion Hazard Overlay<br />

include the following.<br />

“(a) Suitable mitigation measures are to be used dependant upon<br />

the nature and assessable risk of the hazard”.<br />

An assessment was provided with the application which clearly identified the<br />

risks associated with the site and proposed mitigation measures to ensure that<br />

the proposed redevelopment is not adversely impacted by the effects of these<br />

risks. This report and its recommendations are supported by <strong>Council</strong>’s<br />

Engineering Officers and a condition is proposed to reiterate this.<br />

Coastal Management<br />

The purpose of the Coastal Management Overlay is to protect the natural and<br />

cultural values of the coast through promoting sustainable use and<br />

development.<br />

The relevant Decision Requirements for the Coastal Management Overlay<br />

include the following.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 54<br />

“(c) Public access to the coast is to be facilitated through<br />

applications where possible.<br />

(e) The use or development should be coastal dependant and<br />

appropriate to a coastal location”.<br />

The proposed additions to the Surf Life Saving Club facilitate access to and<br />

utilisation of the waterfront through the provision of a focal point for people<br />

wishing to recreate on and around the water. Further, the site has existing<br />

fencing around the established beach access points to ensure that there are no<br />

“informal” accesses created to the beach that may adversely impact on coastal<br />

flora and fauna.<br />

4.5. External Referrals<br />

No external referrals were required or undertaken as part of this application.<br />

5. REPRESENTATION ISSUES<br />

The proposal was advertised in accordance with statutory requirements and 1<br />

representation was received. The following issues were raised by the representor.<br />

5.1. Existing Pine Tree<br />

The representor was concerned that there is a large Pine tree within the lease<br />

area that is in close proximity to the public car park. They were concerned<br />

that it creates mess and a potential safety risk in the public car park and that it<br />

impacts upon views from surrounding residential properties. They have<br />

requested that the tree be removed.<br />

� Comment<br />

There are 3 large pine trees along the western boundary of the Surf Life<br />

Saving Club lease area, as well as a Sheoak and an Eucalypt tree. All<br />

of these trees appear to be in good condition. It would appear that the<br />

representor’s views are far more greatly impacted on by the existing<br />

vegetation on the adjacent lot than they are by these trees. As such, in<br />

the absence of a report indicating that the trees are dangerous or a more<br />

detailed description of which tree should be removed, this is not<br />

considered a necessary requirement for the development to proceed.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 55<br />

5.2. Location of the Bins and Water Tanks<br />

It is suggested by the representor that the proposed location of the water tanks<br />

and rubbish bins will result in them being closer to the residential development<br />

than the current location. The representor was concerned that this will result<br />

in a “localised polluted atmosphere”. It was suggested by the representor that<br />

they should be located along the same boundary that they were previously<br />

(eastern lease boundary).<br />

� Comment<br />

Currently the water tanks are located on the eastern boundary of the<br />

Club’s lease area. It is proposed to extend the building to this<br />

boundary and as such the water tanks and bins need to be relocated.<br />

The rubbish bins are currently located approximately where they are<br />

proposed under the application.<br />

The proposed relocation will see the water tanks moved from being<br />

approximately 35m from the dwelling to the east and approximately<br />

50m from the nearest dwelling to the north of the site to being<br />

approximately 45m from the nearest dwelling to the north and<br />

approximately 70m from the nearest dwelling to the east of the site. As<br />

such, the water tanks will in fact be further from residential dwellings<br />

than they currently are.<br />

In any event, the vegetation currently on-site would have a similar<br />

impact upon the existing views from surrounding properties.<br />

The proposed location of the water tanks and rubbish bins meets the<br />

Use and Development Standards for the Recreation zone and as such<br />

should be approved.<br />

6. STATE POLICIES AND ACT OBJECTIVES<br />

6.1. The proposal is consistent with the outcomes of the State Policies, including<br />

those of the State Coastal Policy.<br />

6.2. The proposal is consistent with the Objectives of Schedule 1 of LUPAA.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 56<br />

7. COUNCIL STRATEGIC PLAN/POLICY IMPLICATIONS<br />

7.1. There are no inconsistencies with <strong>Council</strong>’s adopted Strategic Plan 2010-2015<br />

or any other relevant <strong>Council</strong> Policy.<br />

7.2. Developer contributions are not required.<br />

8. CONCLUSION<br />

The proposal is for additions and alterations to the existing Surf Life Saving Club at<br />

456 Clifton Beach Road, Clifton Beach. The proposal meets the Use and<br />

Development Standards for the zone and Overlays applicable to the site as discussed<br />

above and as such is recommended for conditional approval.<br />

Attachments: 1. Location Plan (1)<br />

2. Proposal Plan (6)<br />

3. Site Photo (1)<br />

Ross Lovell<br />

MANAGER INTEGRATED ASSESSMENT


Attachment 1<br />

Location Plan D <strong>2012</strong>/26 465 & 465a Clifton Beach Road, Clifton Beach<br />

Subject Site<br />

Scale : 1:1500<br />

Date Printed : 23/5/<strong>2012</strong><br />

Attachments: 465 & 465a Clifton Beach Rd Page 1 of 8


Attachment 2<br />

Attachments: 465 & 465a Clifton Beach Rd Page 2 of 8


Attachments: 465 & 465a Clifton Beach Rd Page 3 of 8


Attachments: 465 & 465a Clifton Beach Rd Page 4 of 8


Attachments: 465 & 465a Clifton Beach Rd Page 5 of 8


Attachments: 465 & 465a Clifton Beach Rd Page 6 of 8


Attachments: 465 & 465a Clifton Beach Rd Page 7 of 8


Attachment 3<br />

465 Clifton Beach Road, CLIFTON BEACH TAS 7020, 465A Clifton Beach<br />

Road, CLIFTON BEACH TAS 7020<br />

Site viewed from the top of the dune, in front of the beach<br />

Attachments: 465 & 465a Clifton Beach Rd Page 8 of 8


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 65<br />

11.3.3 SUBDIVISION APPLICATION SD-2010/79 - 8 JETTY ROAD, SOUTH ARM -<br />

1 LOT<br />

(File No SD-2010/79)<br />

EXECUTIVE SUMMARY<br />

PURPOSE<br />

The purpose of this report is to consider the application made for a 1 lot subdivision at<br />

8 Jetty Road, South Arm.<br />

RELATION TO PLANNING PROVISIONS<br />

The land is zoned Village and subject to the Coastal Management and Coastal Erosion<br />

Hazard Overlays under the <strong>Clarence</strong> Planning Scheme 2007 (the Scheme). In<br />

accordance with the Scheme the proposal is a Discretionary development.<br />

LEGISLATIVE REQUIREMENTS<br />

The report on this item details the basis and reasons for the recommendation. Any<br />

alternative decision by <strong>Council</strong> will require a full statement of reasons in order to<br />

maintain the integrity of the Planning approval process and to comply with the<br />

requirements of the Judicial Review Act and the Local Government (Meeting<br />

Procedures) Regulations 2005.<br />

<strong>Council</strong> is required to exercise a discretion within the statutory 42 day period which<br />

expires on 6 <strong>June</strong> <strong>2012</strong>.<br />

CONSULTATION<br />

The proposal was advertised in accordance with statutory requirements and 1<br />

representation was received raising the following issues:<br />

� construction on the dune system;<br />

� risk associated with future tidal events;<br />

� development of adjoining properties;<br />

� wastewater disposal; and<br />

� property boundaries on the beach.<br />

RECOMMENDATION:<br />

A. That the Subdivision application for 1 lot at 8 Jetty Road, South Arm (Cl Ref<br />

SD-2010/79) be approved subject to the following conditions and advice.<br />

1. GEN AP1 – ENDORSED PLANS.<br />

2. GEN AP3 – AMENDED PLAN [the no build zone A-B-C-D].<br />

3. GEN F2 - COVENANTS [no new development is to occur within the<br />

area A-B-C-D on the plan].<br />

4. GEN POS1 – POS CONTRIBUTION [2].<br />

5. No part of the building is to be located within the right-of-way.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 66<br />

6. ENG A3 – COMBINED ACCESS [MSD2-02]. Replace second<br />

sentence with “A 5.5m wide x 7.5m long sealed driveway also must be<br />

constructed which then may reduce to a width of 3m for the balance of<br />

the right-of-way]”.<br />

7. ENG M2 – DESIGNS SD. Delete “road design” and “road stormwater<br />

drainage”.<br />

8. ENG M8 – EASEMENTS.<br />

9. ENG S1 – INFRASTRUCTURE.<br />

10. ENG S2 – SERVICES.<br />

11. ENG S4 – STORMWATER CONNECTION.<br />

12. GEN M2 – NO WORKS.<br />

13. ADVICE - An application for a Building Permit including any<br />

demolition work must be submitted and approved before the<br />

commencement of any works to the existing buildings.<br />

14. ADVICE - As a consequence of the development, the street numbering<br />

allocated to each lot/unit will be as set out in the following table:<br />

Lot/Unit Number<br />

1 8 Jetty Road<br />

2 8A Jetty Road.<br />

B. That the details and conclusions included in the Associated Report be recorded<br />

as the reasons for <strong>Council</strong>’s decision in respect of this matter.<br />

________________________________________________________________________<br />

ASSOCIATED REPORT<br />

1. BACKGROUND<br />

No relevant background.<br />

2. STATUTORY IMPLICATIONS<br />

2.1. The land is zoned Village and subject to the Coastal Management and Coastal<br />

Erosion Hazard Overlays under the Scheme.<br />

2.2. Subdivision is Discretionary development in accordance with Clause 3.1.4.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 67<br />

2.3. The relevant parts of the Planning Scheme are:<br />

� Section 2 – Planning Policy Framework;<br />

� Section 3 – General Provisions;<br />

� Section 6 – Village Zone;<br />

� Section 7.3 – Coastal Management Overlay; and<br />

� Section 7.4 – Coastal Erosion Hazard Overlay.<br />

2.4. <strong>Council</strong>’s assessment of this proposal should also consider the issues raised in<br />

any representations received, the outcomes of the State Policies and the<br />

Objectives of Schedule 1 of the Land Use Planning and Approvals Act, 1993<br />

(LUPAA).<br />

3. PROPOSAL IN DETAIL<br />

3.1. The Site<br />

The site is 2060m 2 in area and located on the northern side of Jetty Road,<br />

South Arm. The property currently supports a double storey dwelling<br />

constructed in 1957, situated to the front of the lot. There is also a 6m x 6m<br />

steel outbuilding located in the north-eastern rear corner, accessed via a gravel<br />

driveway which runs along the eastern side boundary. A boat shed is located<br />

in the north-western corner at the beach front. To the northern rear of the<br />

dwelling is levelled outdoor space which has been established on a secondary<br />

dune and currently supports lawn, garden, coastal vegetation and pathways<br />

leading to the beach. The dune face which is present immediately outside of<br />

the western property boundary has not recovered from a recent storm surge<br />

event and is a physical indicator of erosion hazard in this area.<br />

3.2. The Proposal<br />

The proposal is for a subdivision to create an internal lot (“Lot 2”) 1050m 2 in<br />

area. Lot 1 would be 1010m 2 in area and contain the existing house. Lot 2<br />

would be accessed via a 6m wide right-of-way over Lot 1 and would contain<br />

the existing sheds.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 68<br />

To provide for an unobstructed right-of-way, any minor protrusions of the<br />

existing house within the right-of-way would be demolished.<br />

The proposal also includes the provision of a “no-build” zone on the western<br />

side of Lot 2 and a covenant on the Title that no buildings will be allowed to<br />

be developed marked A-B-C-D on the plan. The no-build zone is<br />

approximately 431m 2 in area and would leave approximately 619m 2 of the site<br />

which may be developed subject to compliance with Planning requirements.<br />

4. PLANNING ASSESSMENT<br />

4.1. Planning Policy Framework [Section 2]<br />

The relevant elements of the Planning Policy Framework are contained in<br />

Section 2.2.3 (a) Settlement (i) – Spatial Patterns. In particular, the Key<br />

Objectives and Strategies include the following.<br />

“� The long term guidance for managing climate change effects;<br />

� The protection of natural heritage values from inappropriate<br />

development; [and]<br />

� Applying appropriate overlays to regulate use and<br />

development in coastal areas that are affected by climate<br />

change”.<br />

Reference to these principles is also contained in the discussion below.<br />

4.2. General Decision Requirements [Section 3.3.1]<br />

The relevant General Decision Requirements of this part are as follows.<br />

“(a) General requirements:<br />

(ii) The provisions of any State Policy.<br />

(iii) The Planning Policy Framework.<br />

(iv) The purposes of the Zone.<br />

(v) The Specific Decision Requirements of the Zone,<br />

Overlay or Specific Provision.<br />

(vii) Any representation made in accordance with Section<br />

43F(5) or Section 57(5) of the Act.<br />

(e) Environmental Requirements:<br />

(iv) The need to contain development within siting<br />

envelopes.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 69<br />

(f) Subdivision Requirements:<br />

(i) The suitability of the land for subdivision.<br />

(ii) The existing use and potential for future development of<br />

the land and its surrounds.<br />

(v) The size and shape of each lot in the subdivision.<br />

(x) The design and siting of existing and future buildings”.<br />

Reference to these principles is also contained in the discussion below.<br />

4.3. Village Zone<br />

The purpose of the Village zone is to provide for residential and associated<br />

development in outlying small communities and to ensure the character and<br />

sensitive nature of those places are protected and enhanced.<br />

Use and Development Standards<br />

The following Use and Development Standards under Clause 6.4.3 are<br />

applicable to the proposal.<br />

(c) Lot Size<br />

The minimum lot size in the Village zone is 1000m 2 . The proposed lot<br />

sizes are 1010m 2 and 1050m 2 which comply with this standard.<br />

(d) Dimensions of Lots<br />

All lots including the balance must have a minimum frontage (either<br />

by fee-simple or right-of-way) of 6m and be able to contain a circle of<br />

18m diameter clear of any easements, the front boundary setback or<br />

any other Title restrictions. Both of the proposed lots have a minimum<br />

6m wide frontage (Lot 2 by a right-of-way over Lot 1) and are able to<br />

contain an 18m diameter circle, which complies with this standard.<br />

(g) Site Coverage<br />

The maximum site coverage in the zone is 30%. The existing house to<br />

be contained on Lot 1 (1010m 2 ) is 127m 2 in area. This equates to<br />

12.8% site cover on the proposed lot and complies with this standard.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 70<br />

(h) Building Setbacks<br />

The minimum side building setback in this zone is 2.5m. The existing<br />

dwelling is currently set back approximately 6m from the side<br />

boundary. The proposal seeks to access Lot 2 via a 6m wide right-ofway<br />

over Lot 1. To ensure the right-of-way is unobstructed, any<br />

protrusions of the existing dwelling (including the verandah) are<br />

proposed to be demolished.<br />

As there will be no change to the location of the existing side boundary<br />

line, the proposed building complies with the minimum building<br />

setback requirements of this standard.<br />

Specific Decision Requirements<br />

The following Specific Decision Requirements under Clause 6.4.5 are relevant<br />

to the proposal.<br />

“(d) Lots sizes should be varied to suit differing levels of<br />

residential, service and recreational needs”.<br />

The proposed lot size is consistent with this requirement as it will create 2 lots<br />

of approximately 1000m 2 in an area where lot sizes range from 465m 2 to<br />

3195m 2 .<br />

“(r) An internal lot access strip should include adequate width to<br />

accommodate a suitable passing bay and a visitor car<br />

parking space which is visible from the street”.<br />

The proposed right-of-way to Lot 2 is 6m wide which is sufficient width to<br />

accommodate both a passing bay and area for parking.<br />

“(s) An internal lot should have adequate frontage to ensure<br />

appropriate provision for wheelie bin collection, without<br />

inconvenience to neighbouring properties”.<br />

The proposed internal lot complies with the minimum 6m wide frontage and<br />

will have enough area to conveniently locate wheelie bins.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 71<br />

“(t) An internal lot should include adequate width to provide a<br />

landscaped strip between the driveway and the abutting fence<br />

lines, except where there is to be a shared driveway with the<br />

adjoining lot”.<br />

The proposed internal lot will provide a 6m wide right-of-way, however, the<br />

driveway is permitted to reduce to a width of 3m after the passing bay at the<br />

front of the property and will leave area available for landscaping.<br />

“(u) Subdivision should ensure that based on a 1 in 100 year<br />

event natural drainage paths and significant stormwater<br />

catchment areas are protected from inappropriate<br />

development. This relates to development within drainage<br />

lines which may impede restrict or adversely affect natural<br />

drainage flows”.<br />

There are no substantial drainage paths or large catchments that would be<br />

affected by subdivision or normal development of the lots created and the<br />

proposal is therefore consistent with the above.<br />

In summary, the proposal complies with the requirements of the zone.<br />

4.4. Coastal Management Overlay<br />

The Coastal Management Overlay applies to the western half of the site. The<br />

purpose of this Overlay is to implement the provisions of the State Coastal<br />

Policy by protecting the natural and cultural values of the coast and promoting<br />

sustainable use and development of the coast.<br />

The application must be considered against the following Specific Decision<br />

Requirements of the Overlay (Clause 7.3.4).<br />

“(a) The development should have regard to any coastal hazard,<br />

cultural or historic resource or feature of conservation value,<br />

including flora or fauna habitats”.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 72<br />

The subject application is for subdivision only and does not propose any<br />

development at this point in time. Although the site has not been surveyed by<br />

a coastal expert to confirm the extent of any frontal dune system across the<br />

site, the proposal recognises the hazards associated with coastal development<br />

and proposes a covenant to Prohibit development on the western side of the<br />

site as marked A-B-C-D on the subdivision plan. The area marked A-B-C-D<br />

comprises the frontal dune and a further buffer area. Any proposal to develop<br />

a dwelling within the remaining area of the Coastal Management Overlay that<br />

is not covered by the no-build zone would be required to demonstrate that it is<br />

not located within any frontal dune system.<br />

“(b) The coastal environment should be protected, especially<br />

including water quality, shoreline change, erosion or areas<br />

of visual sensitivity”.<br />

Any future development proposals on either lot will be required to<br />

demonstrate compliance with the Overlay requirements of the Scheme and<br />

show appropriate treatment of the coastal environment.<br />

“(c) Public access to the coast is to be facilitated through<br />

applications where possible”.<br />

It is not necessary to facilitate public access through this site, however, a<br />

public open space contribution should be required in accordance with <strong>Council</strong><br />

Policy.<br />

“(d) The coastal area should be stabilised and made safe where<br />

necessary”.<br />

As discussed above, no works are currently proposed and therefore these<br />

measures are not necessary at this point in time.<br />

“(e) The use or development should be coastal dependent and<br />

appropriate to a coastal location”.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 73<br />

Through provision of a no-build zone on the beach-side of Lot 2, the<br />

subdivision proposal can be appropriate to the coastal location. Additionally,<br />

any future development will be required to be designed to comply with the<br />

requirements of the Scheme.<br />

4.5. Coastal Erosion Hazard Overlay<br />

The purpose of the Coastal Erosion Hazard Overlay is to identify areas which<br />

may be subject to erosion, recession or wave run-up related to coastal process<br />

and to promote sustainable coastal development.<br />

A permit is required under this Overlay for all use and development, including<br />

subdivision. The site is specifically subject to the CEH (2050) and CEH<br />

(2100) areas.<br />

The Application Requirement under Clause 7.4.4 of the Overlay required that<br />

a report was provided from an engineer with suitable experience in coastal,<br />

civil and/or hydraulic engineering demonstrating that the following Specific<br />

Decision Requirements of this Overlay are satisfied. A report by a civil<br />

engineer was provided addressing these requirements and indicates that the<br />

proposed Lot 2 will be able to be developed taking into consideration risks<br />

from coastal processes whilst minimising disturbance to the existing ground<br />

conditions. <strong>Council</strong>’s Engineers consider this approach acceptable.<br />

4.6. External Referrals<br />

No external referrals were required or undertaken as part of this application.<br />

5. REPRESENTATION ISSUES<br />

The proposal was advertised in accordance with statutory requirements and 1<br />

representation was received. The following issues were raised by the representor.<br />

5.1. Construction on the Dune System<br />

Concern is raised that the proposed vacant lot is predominantly sand and<br />

contains a dune system and any future works on this lot may cause instability.<br />

This in turn may affect the stability of adjoining properties.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 74<br />

� Comment<br />

There is sufficient area for development to occur on Lot 2 and be<br />

wholly located outside of a frontal dune system within the Coastal<br />

Management Overlay. Any future Development Application on the<br />

vacant lot would be required to demonstrate that any development<br />

within the Coastal Management Overlay is not within a frontal dune<br />

system, as this is Prohibited development under the Scheme. Any<br />

development within the Coastal Erosion Hazard Overlay will require an<br />

engineering report showing erosion hazards can be mitigated through<br />

structural or siting methods and that the development will not increase<br />

the level of risk to the life of the users of the site or hazard for<br />

adjoining properties.<br />

5.2. Risk Associated with Future Tidal Events<br />

Based upon past events, concern is raised that any future building on the site<br />

will become a victim of the sea as the dunes continue to retreat. It is said that<br />

the 50m distance from high water mark is very subjective and if it was based<br />

upon the highest event last year, the 50m distance would reach behind the shed<br />

in the north-eastern rear corner.<br />

� Comment<br />

The site is subject to the Coastal Erosion Hazard Overlay which<br />

identifies that the site may be subject to erosion, recession or wave runup<br />

related to coastal processes. The purpose of this Overlay is to<br />

control impacts on development from coastal hazards, so any future<br />

development will have to be appropriately designed to mitigate this<br />

risk.<br />

5.3. Development of Adjoining Properties<br />

Concern is raised that an application to build on the adjacent property at 10<br />

Jetty Road, South Arm was refused by <strong>Council</strong> within the last 5 years as a<br />

result of the many conditions of building on sand dunes adjacent to the sea.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 75<br />

� Comment<br />

A Development Application (D-2004/135) was made upon 12 Jetty<br />

Road in 2004 proposing to develop a Single Dwelling requiring<br />

variation to the high water mark and side setbacks under the Eastern<br />

Shore (Area 2) Planning Scheme 1986.<br />

The application was never determined by <strong>Council</strong> as the application<br />

was withdrawn at the request of the applicant.<br />

5.4. Wastewater Disposal<br />

Concern is raised that the wastewater from any future building will enter the<br />

beach and put the public at risk.<br />

� Comment<br />

A wastewater report was submitted with the application demonstrating<br />

that all wastewater can be disposed of appropriately within the site<br />

boundaries.<br />

5.5. Property Boundaries on the Beach<br />

Concern is raised that over time the dune face to the beach will break down to<br />

a manageable slope and will result in the western boundary of the subdivision<br />

being on the beach.<br />

� Comment<br />

The current Title has boundaries extending to the dune face at the<br />

beach. This situation may occur as a result of coastal processes even if<br />

the subject subdivision never proceeds and the Title boundaries remain<br />

as existing. The covenant agreed to by the developer will Prohibit<br />

further development within this area of the site.<br />

6. STATE POLICIES AND ACT OBJECTIVES<br />

6.1. The proposal is consistent with the outcomes of the State Policies, including<br />

those of the State Coastal Policy.<br />

6.2. The proposal is consistent with the Objectives of Schedule 1 of LUPAA.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 76<br />

7. COUNCIL STRATEGIC PLAN/POLICY IMPLICATIONS<br />

There are no inconsistencies with <strong>Council</strong>’s adopted Strategic Plan 2010-2015 or any<br />

other relevant <strong>Council</strong> Policy. If approved, a standard developer contribution is<br />

required to comply with <strong>Council</strong>’s Public Open Space Policy.<br />

8. CONCLUSION<br />

The application for a 1 lot subdivision at 8 Jetty Road, South Arm complies with the<br />

Use and Development Standards of the zone and applicable Overlays. The issues<br />

raised in the representation are not considered sufficient to warrant refusal of the<br />

application and it is therefore recommended for conditional approval.<br />

Attachments: 1. Location Plan (1)<br />

2. Proposal Plan (1)<br />

3. Draft Plan Showing No-build Zone Marked A-B-C-D (1)<br />

4. Site Photo (2)<br />

Ross Lovell<br />

MANAGER INTEGRATED ASSESSMENT


Subject Site<br />

Attachment 1<br />

Location plan SD 2010/79 8 Jetty Rd, South Arm<br />

Scale : 1:1489.111<br />

Date Printed : 28/5/<strong>2012</strong><br />

Attachments: 8 Jetty Road Page 1 of 5


Attachment 2<br />

Attachments: 8 Jetty Road Page 2 of 5


Attachment 3<br />

Note: A-B-C-D = proposed no build zone<br />

Attachments: 8 Jetty Road Page 3 of 5


8 Jetty Road, SOUTH ARM<br />

Attachment 4<br />

Image 1: Site viewed from Jetty Road showing existing house and outbuilding.<br />

Image 2: Site viewed from western rear boundary (adjacent beach)<br />

Attachments: 8 Jetty Road Page 4 of 5


Image 3: View of the hind dune located on northern side boundary of Lot 2.<br />

Image 4: View facing west across Lot 2.<br />

Attachments: 8 Jetty Road Page 5 of 5


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 82<br />

11.3.4 SUBDIVISION APPLICATION SD-<strong>2012</strong>/9 - 64 KINGS ROAD, CAMBRIDGE<br />

- 2 LOTS AND BALANCE<br />

(File No SD-<strong>2012</strong>/9)<br />

EXECUTIVE SUMMARY<br />

PURPOSE<br />

The purpose of this report is to consider the application made for a 2 lot Subdivision<br />

and balance at 64 Kings Road, Cambridge.<br />

RELATION TO PLANNING PROVISIONS<br />

The land is within 2 zones being the Rural zone and the Landscape and Skyline<br />

Conservation zone. The site is subject in part to the Vegetation Management Overlay<br />

under the <strong>Clarence</strong> Planning Scheme 2007 (the Scheme). In accordance with the<br />

Scheme the proposal is a Discretionary development.<br />

LEGISLATIVE REQUIREMENTS<br />

The report on this item details the basis and reasons for the recommendation. Any<br />

alternative decision by <strong>Council</strong> will require a full statement of reasons in order to<br />

maintain the integrity of the Planning approval process and to comply with the<br />

requirements of the Judicial Review Act and the Local Government (Meeting<br />

Procedures) Regulations 2005.<br />

<strong>Council</strong> is required to exercise a discretion within the statutory 42 day period which<br />

expires on 6 <strong>June</strong> <strong>2012</strong>.<br />

CONSULTATION<br />

The proposal was advertised in accordance with statutory requirements and 3<br />

representations (1 in support) were received raising the following issues:<br />

� compliance with Tasmania Fire Service Guidelines for Development in Bushfire<br />

Prone Areas;<br />

� width of frontage;<br />

� existing roadway;<br />

� future subdivision opportunities; and<br />

� width of Kings Road and surface.<br />

RECOMMENDATION:<br />

A. That the Subdivision application for 2 lots and balance at 64 Kings Road,<br />

Cambridge (Cl Ref SD-<strong>2012</strong>/9) be refused for the following reasons.<br />

1. The proposal is Prohibited as it does not satisfy the requirements of<br />

Clauses 6.8.3(c) and 6.10.3(c) of the <strong>Clarence</strong> Planning Scheme 2007<br />

in that all lots would not have a minimum frontage of 6m.<br />

2. The proposal does not comply with <strong>Council</strong> Policy C3.13 Shared<br />

Rights-of-Way.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 83<br />

3. The lots proposed in the Subdivision do not comply with the qualities<br />

of a minimum lot as provided for under Section 109 Subsection (3)(h)<br />

and (i) of the Local Government (Building and Miscellaneous<br />

Provisions) Act, 1993.<br />

B. That the details and conclusions included in the Associated Report be recorded<br />

as the reasons for <strong>Council</strong>’s decision in respect of this matter.<br />

________________________________________________________________________<br />

ASSOCIATED REPORT<br />

1. BACKGROUND<br />

The subject property was created by subdivision approved by <strong>Council</strong> on 26 May<br />

1997 by reference 96/0741. The approval enabled the creation of the proposed and 2<br />

neighbouring lots.<br />

The proposal plan originally submitted as part of that application showed a singular<br />

right-of-way to service the 3 lots. This plan was not considered acceptable by<br />

<strong>Council</strong> and an amended plan was submitted which provided a separate 3.6m wide<br />

right-of-way to each lot, which formed the approved plan.<br />

2. STATUTORY IMPLICATIONS<br />

2.1. The land is within both the Rural zone and the Landscape and Skyline<br />

Conservation zone and is subject in part to the Vegetation Management<br />

Overlay under the Scheme.<br />

2.2. The <strong>Council</strong> Policy C3.13 Shared Rights-of-Way is relevant to the proposal in<br />

terms of the number of rights-of-way providing access at this location. The<br />

Policy states as follows.<br />

“Where lots have frontage and/or access by way of shared rights<br />

of way with other lots, a maximum usage of four lots sharing such<br />

accesses shall be regarded as “reasonable vehicular access” for<br />

the purposes of Section 109(f) of the Local Government (Building<br />

and Miscellaneous Provisions) Act 1993”.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 84<br />

The implications of this Policy in terms of the proposal will be considered in<br />

detail below, in terms of the number of rights-of-way existing. It is noted,<br />

however, that the Policy has been consistently applied by council for in excess<br />

of 30 years and was applied when the existing property was created in<br />

accordance with the Policy by subdivision in 1997. Further, the Local<br />

Government (Building and Miscellaneous Provisions) Act, 1993 provide that<br />

in respect to the subdivision of land in any building area, lots must have a<br />

minimum frontage of 3.6m.<br />

2.3. The proposal is a Discretionary development as it relates to the creation of<br />

new lots within the Rural zone.<br />

2.4. The relevant parts of the Planning Scheme are:<br />

� Section 2 – Planning Policy Framework;<br />

� Section 3 – General Provisions;<br />

� Section 6.8 – Rural Zone;<br />

� Section 6.10 – Landscape and Skyline Conservation Zone; and<br />

� Section 7.1 – Vegetation Management Overlay.<br />

2.5. <strong>Council</strong>’s assessment of this proposal should also consider the issues raised in<br />

any representations received, the outcomes of the State Policies and the<br />

Objectives of Schedule 1 of the Land Use Planning and Approvals Act, 1993<br />

(LUPAA).<br />

3. PROPOSAL IN DETAIL<br />

3.1. The Site<br />

The site is located at 64 Kings Road, Cambridge and comprised in CT<br />

130283/1 which has a total area of 63.86ha. The location of the property is<br />

illustrated by the location plan at Attachment 1 and illustrated by the site<br />

photos at Attachment 3.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 85<br />

The property has an access strip with a width of 9.214m to Kings Road. This<br />

access strip is encumbered by 3 rights-of-way which provide access to the 3<br />

separate properties that comprise the same Sealed Plan.<br />

The site supports an existing dwelling and associated outbuildings and access.<br />

A large proportion of the site is comprised of native vegetation, whilst some<br />

sections of grassed areas occupy the north-eastern portion of the site, as does a<br />

small vineyard.<br />

The site slopes generally down to the north and approximately in the centre of<br />

the parcel is a natural watercourse which feeds to a dam to the west of the<br />

dwelling. A constructed access way also traverses the site, which supports 2<br />

rights-of-way benefitting the other 2 properties on the same Sealed Plan and<br />

provides access to the dwelling.<br />

3.2. The Proposal<br />

The proposal is for the subdivision of the subject property into 3 resultant lots<br />

of 22ha, 21.55ha and 20.31ha in size. The layout of the proposal is illustrated<br />

by the proposed plan of subdivision at Attachment 2.<br />

It is proposed that the lots be accessed via the existing right-of-way<br />

arrangement. The existing dwelling and associated infrastructure and<br />

outbuildings are contained within the boundaries of the proposed Lot 2.<br />

4. PLANNING ASSESSMENT<br />

4.1. Planning Policy Framework [Section 2]<br />

The relevant elements of the Planning Policy Framework are contained in<br />

Section 2.2.3(c)(iii) – Rural Industry. In particular, the Key Objectives and<br />

Strategies include the following.<br />

Objectives<br />

“� To ensure that agricultural land as defined in the State<br />

Policy on the Protection of Agricultural Land 2009 remains<br />

available for agricultural production.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 86<br />

Strategies<br />

� To maintain and enhance the landscape character of the<br />

rural areas and encourage both the retention of existing<br />

vegetation and revegetation.<br />

� To protect farmland from fragmentation into non-productive<br />

units including rural residential living or hobby farms”.<br />

“� Protect agricultural land as defined in the State Policy on the<br />

Protection of Agricultural Land 2009 and prevent<br />

encroachment by residential uses, especially in the Coal<br />

River, Richmond and Cambridge Areas.<br />

� Identify strategic location criteria for assessing any rural<br />

residential encroachment into rural areas”.<br />

The proposal relates to land described by the broadscale Grose 1999 mapping<br />

of the State as a combination of Classes 4, 5 and 6 land which is not described<br />

as prime agricultural land by the relevant State Policy.<br />

Also relevant is Section 2.2.3(b)(i) – Natural Heritage. In particular, the Key<br />

Objectives and Strategies include the following.<br />

Objectives<br />

Strategies<br />

“� To protect natural environments from the impacts of<br />

development encroachment, including the spread of pest<br />

animals and plants.<br />

� To ensure that land use planning and development is<br />

consistent with catchment management strategies.<br />

� To protect biodiversity and important conservation values”.<br />

“� Limit the removal of important native vegetation within the<br />

<strong>City</strong>.<br />

� Maintain urban growth boundaries to ensure that ad hoc<br />

growth does not prejudice important natural values”.<br />

It is considered that the proposal would have minimal impact upon the<br />

landscape character of the rural area. Reference to these principles is also<br />

contained in the discussion below.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 87<br />

4.2. General Decision Requirements [Section 3.3.1]<br />

“(a) General requirements:<br />

(v) The Specific Decision Requirements of the Zone,<br />

Overlay or Specific Provision.<br />

(vii) Any representation made in accordance with Section<br />

43F(5) or Section 57(5) of the Act.<br />

(b) Amenity requirements:<br />

(i) The character of the locality, the existing and future<br />

amenities of the neighbourhood.<br />

(iii) Landscaping, illumination and treatment of the site<br />

generally.<br />

(d) Design suitability requirements:<br />

(ii) The position and scale of buildings in relation to<br />

boundaries or to other buildings, their density,<br />

character, height and harmony in design of facades.<br />

(iv) The existing character of the site and the buildings<br />

and vegetation it contains.<br />

(e) Environmental requirements:<br />

(i) If the land is not sewered and no provision has been<br />

made for the land to be sewered, the capacity of the<br />

land to treat and retain all sewage and sullage within<br />

the lot boundaries of each lot.<br />

(iii) The compatibility of the development on the<br />

surrounding land uses.<br />

(vi) The impact on important wildlife corridors and flora,<br />

fauna, landscape features of the area and<br />

introduction of pests, plants or animals.<br />

(f) Subdivision requirements:<br />

(i) The suitability of the land for subdivision.<br />

(ii) The existing use and potential for future development<br />

of the land and its surrounds.<br />

(iii) The subdivision pattern having regard to the physical<br />

characteristics of the land including existing<br />

vegetation, natural drainage paths and significant<br />

stormwater catchment areas.<br />

(iv) The density of the proposed development.<br />

(v) The size and shape of each lot in the subdivision.<br />

(x) The design and siting of existing and future buildings.<br />

(xi) The availability and provision of utility services”.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 88<br />

The relevant requirements of both the Rural zone and the Landscape and<br />

Skyline Conservation zone will be addressed in detail below, however, it is<br />

noted that the impact of the proposed development upon the amenity of the<br />

area has been considered as part of this assessment in terms of possible<br />

impacts and design suitability. Reference to these principles is contained in<br />

the discussion below.<br />

4.3. Rural and Landscape and Skyline Conservation Zones<br />

The western portion of the subject property is within the Rural zone, the<br />

Purpose of which is as follows.<br />

“(a) To implement the Planning Policy Framework.<br />

(b) To encourage:<br />

(i) An integrated approach to land management.<br />

(ii) Development of new sustainable rural enterprises<br />

through value adding to products at source.<br />

(iii) Protection and enhancement of the bio-diversity of the<br />

area.<br />

(c) To ensure residential living in a rural environment is<br />

compatible with rural land uses.<br />

(d) To ensure that rural activities have priority over residential<br />

activities.<br />

(e) To ensure that subdivision promotes effective land<br />

management practices and infrastructure provision and<br />

avoid inappropriate fragmentation.<br />

(f) To provide for rural industries that promote the economic<br />

development of the region”.<br />

The western portion of the subject property is situated within the Landscape<br />

and Skyline Conservation zone, the Purpose of which is described as follows.<br />

“(a) To implement the Planning Policy Framework.<br />

(b) To identify and protect areas of landscape or conservation<br />

significance, including forested skylines, prominent<br />

ridgelines and hills that contribute to important vistas or<br />

provide a natural backdrop, and a contrast to the urban<br />

development in the Hobart Metropolitan area.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 89<br />

(c) To encourage development and the use of the land which is in<br />

accordance with sound management and land capability<br />

practices, and which takes into account the environmental<br />

sensitivity and the bio-diversity of the locality.<br />

(d) To ensure use or development is in accordance with sound<br />

management and land capability practices and which<br />

protects the environmental sensitivity and bio-diversity of the<br />

locality.<br />

(e) To manage areas that are unsuitable for future urban<br />

development due inherent physical and environmental<br />

constraints and the need to avoid the inefficient provision<br />

and utilisation of urban services”.<br />

The zoning of the subject property is illustrated by Attachment 4.<br />

The proposal has been assessed against the relevant Use and Development<br />

Standards of both zones, at Clauses 6.8.3 and 6.10.3. The proposal is<br />

consistent with the relevant standards of both zones, with the exception of the<br />

dimension (frontage) requirements of both zones at Clauses 6.8.3(c) and<br />

6.10.3(c). Given that the proposal does not satisfy these Clauses it is<br />

Prohibited under the Scheme. This issue will be discussed in detail below.<br />

Were the proposal not Prohibited, however, the following Specific Decision<br />

Requirements of the zone at Clause 6.8.4 of the Scheme would typically be<br />

relevant.<br />

“(a) The development is to suit the capability of the land,<br />

addressing site quality attributes including soil type, soil<br />

fertility, soil structure, soil permeability, aspect, contour and<br />

drainage patterns.<br />

(d) Areas of significant vegetation, habitat, threatened species or<br />

threatened communities should be maintained where<br />

possible.<br />

(h) Lot sizes are to be sufficient to suit differing levels of rural,<br />

service and recreational needs.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 90<br />

(n) Subdivision should ensure that based on a 1 in 100 year<br />

event natural drainage paths and significant stormwater<br />

catchment areas are protected from inappropriate<br />

development. This relates to development within drainage<br />

lines which may impede, restrict or adversely affect natural<br />

drainage flows”.<br />

Similarly, were the proposal not Prohibited the following Specific Decision<br />

Requirement at Clause 6.10.4 of the Scheme would also be relevant, in<br />

addition to those discussed above.<br />

“(b) Development should be an appropriate use, design and<br />

location so as to not fetter the agricultural use on the land or<br />

nearby properties”.<br />

The proposal is considered to be broadly consistent with the relevant Specific<br />

Decision Requirements, as described.<br />

It is considered, however, that the proposal does not comply with Clauses<br />

6.8.3(c) and 6.10.3(c) of the Scheme which require that all lots, including the<br />

balance, must have a minimum frontage of 6m. Frontage is defined by the<br />

Scheme as follows.<br />

“The minimum distance required to provide legal right of access,<br />

whether by fee simple or right-of-way, to the lot from a public<br />

road, excluding land that is required as the sole and principal<br />

means of access to any other lot as necessary to give that lot the<br />

qualities of a minimum lot”.<br />

The applicant submits that, based on the above definition, the proposed Lot 1<br />

would have a “frontage” of greater than 190m and Lots 2 and 3 would each<br />

have a “frontage” of greater than 700m.<br />

Internal legal consideration has been given to this interpretation of the above<br />

definition of frontage and it is considered to not be correct or reasonable. To<br />

create 3 new parcels from the subject property it would be necessary to<br />

provide either direct frontage to Kings Road, or a right-of-way access of at<br />

least 6m in width, per new lot, to Kings Road.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 91<br />

As noted above, the subject property has an access strip with a width of<br />

9.214m to Kings Road which is encumbered by 3 rights-of-way which provide<br />

access to the 3 separate properties that comprise the same Sealed Plan. This<br />

leaves the site with an available frontage as defined by the Scheme of 3.6m.<br />

What this application proposes is to add a further 2 properties to this existing<br />

access arrangement, claiming that “when Lot 1 on Sealed Plan 130283 (64<br />

Kings Road, Cambridge), is subdivided into 3 lots as proposed, each of them<br />

will inherit the existing Rights-of-Ways”.<br />

This is an incorrect interpretation as the rights-of-way relate to Lots 2 and 3<br />

also of the same Sealed Plan. They cannot be inherited by the proposed lots as<br />

Lots 2 and 3 of the same Sealed Plan are not part of this Subdivision<br />

application and their accesses cannot be compromised.<br />

It is further noted that the Scheme is specific in terms of the frontage<br />

definition, in that land required as the sole and principal means of access for<br />

any other lot cannot be considered frontage. The impact of this is that the<br />

existing rights-of-way cannot be compromised and that 3 new rights-of-way of<br />

a minimum of 6m in width must therefore be provided from the boundaries of<br />

each of the proposed lots to Kings Road. This is not proposed, nor is it<br />

proposed to include additional land to facilitate this.<br />

It is therefore considered that the proposed subdivision does not satisfy Clause<br />

6.8.3(c) of the Scheme and is therefore Prohibited. Advice was sought as part<br />

of this assessment from <strong>Council</strong>’s Solicitor, who confirms this position.<br />

It is further noted that Section 109 of the Local Government (Building and<br />

Miscellaneous Provisions) Act, 1993 describes the qualities of a minimum lot<br />

in terms of the subject property as “having reasonable vehicular access from<br />

the carriage-way of a road to a boundary”.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 92<br />

Reasonable access, as described above by <strong>Council</strong> Policy C3.13, would allow<br />

for up to a maximum of 4 lots having shared rights-of-way. The only means<br />

of achieving this proposal would be to create a further 2 rights-of-way and<br />

increase the width of the existing right-of-way, which would result in a total of<br />

5 rights-of-way. This would be in conflict with <strong>Council</strong> Policy.<br />

4.4. Vegetation Management Overlay<br />

The site is subject in part to the Vegetation Management Overlay, the Purpose<br />

of which is as follows.<br />

“(a) To implement the Planning Policy Framework.<br />

(b) To protect areas of significant vegetation and bushland<br />

habitat including forested skylines, prominent ridgelines and<br />

hills which contribute to important vistas and in particular<br />

those which create a natural backdrop to the urban setting<br />

for the <strong>City</strong>.<br />

(c) To protect and enhance areas of high, very high and<br />

extremely high vegetation significance and bushland habitat.<br />

(d) To ensure that development is sited to minimise the loss of<br />

native vegetation.<br />

(e) To maintain and enhance habitat and corridors for<br />

indigenous fauna”.<br />

The proposal does not, as noted, incorporate the clearing of vegetation on-site<br />

and therefore does not require a permit under this Overlay.<br />

That said the future development of the site in terms of the building envelopes<br />

proposed for the 2 vacant proposed lots would require clearing at the time of<br />

development. Such clearing would be subject to a Development Application<br />

at that stage and would involve consultation with the Department of Primary<br />

Industries, Water and the Environment in terms of the presence of threatened<br />

species on the site.<br />

4.5. External Referrals<br />

The proposal was referred to the Tasmania Fire Service (TFS) as part of the<br />

advertising process and comments were received on 7 May <strong>2012</strong>.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 93<br />

The proposal has been assessed by the TFS as being compliant with the<br />

Tasmania Service Guidelines for Development in Bushfire Prone Areas. It<br />

was noted that no dwellings are proposed at this time and that a bushfire<br />

management plan for any development on the lots would be required at that<br />

time to ensure compliance with the Guidelines.<br />

5. REPRESENTATION ISSUES<br />

The proposal was advertised in accordance with statutory requirements and 3<br />

representations (1 in support from the TFS, as discussed above) were received. The<br />

following issues were raised by the representors.<br />

5.1. Width of Frontage<br />

Concern was expressed by the representors regarding the lack of width of<br />

frontage proposed.<br />

� Comment<br />

As discussed above in detail, the proposal does not satisfy the frontage<br />

requirements of the Scheme and cannot be approved for this reason.<br />

5.2. Existing Roadway<br />

Comments were made with respect to the maintenance and use of the existing<br />

roadway that comprises the rights-of-way over the subject property.<br />

� Comment<br />

The issue of maintenance of the roadway is a shared matter between<br />

the relevant landowners and is a civil matter. It is not specifically<br />

relevant to this proposal.<br />

Despite this, the existing arrangement was put in place through the<br />

approval of the original subdivision in 1997 and it would seem<br />

unreasonable to put further maintenance burdens on the other owners in<br />

the same Sealed Plan.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 94<br />

5.3. Future Subdivision Opportunities<br />

Comments were made in terms of this subdivision being allowed and what<br />

opportunities may open for other landowners in the Kings Road area.<br />

� Comment<br />

As discussed in detail, the proposal is not possible in terms of the<br />

frontage requirements of the Scheme. The subdivision of any lots must<br />

satisfy the requirements of the Scheme and any proposal would be<br />

considered as such.<br />

5.4. Width of Kings Road and Surface<br />

Concern was expressed regarding the condition of Kings Road and the impact<br />

of additional traffic on the road and safety of users.<br />

� Comment<br />

The condition of Kings Road is considered to be acceptable in terms of<br />

the likely additional traffic to be generated by a further 2 dwellings,<br />

should the proposal be supported by <strong>Council</strong>.<br />

6. STATE POLICIES AND ACT OBJECTIVES<br />

6.1. The proposal is consistent with the outcomes of the State Policies, including<br />

those of the State Coastal Policy.<br />

6.2. The proposal is consistent with the Objectives of Schedule 1 of LUPAA.<br />

7. COUNCIL STRATEGIC PLAN/POLICY IMPLICATIONS<br />

As discussed above, the proposal is inconsistent with <strong>Council</strong> Policy C3.13 – Shared<br />

Rights-of-Way. This Policy relates to the maximum number of rights-of-way<br />

permissible and highlights 4 as the maximum number allowed. As the proposal<br />

proposes access to a total of 5 properties, it would therefore be in conflict with this<br />

Policy.


CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 95<br />

8. CONCLUSION<br />

The proposal is for the subdivision of an existing property at 64 Kings Road,<br />

Cambridge into 3 resultant lots. The proposal relies upon a narrow strip for access to<br />

the proposed lots and the same access strip is already encumbered by rights-of-way to<br />

2 neighbouring properties. For this reason and as a result of insufficient frontage<br />

width, the proposal is for a Prohibited development under the Scheme and should<br />

therefore be refused.<br />

Attachments: 1. Location Plan (1)<br />

2. Proposal Plan (2)<br />

3. Site Photo (1)<br />

4. Zoning Plan (1)<br />

Ross Lovell<br />

MANAGER INTEGRATED ASSESSMENT<br />

<strong>Council</strong> now concludes its deliberations as a Planning Authority under the Land Use<br />

Planning and Approvals Act, 1993.


Subject<br />

Site<br />

Attachment 1<br />

Location Plan - 64 Kings Road, Cambridge<br />

Scale : 1:19836.966<br />

Date Printed : 25/5/<strong>2012</strong><br />

Attachments: 64 Kings Road Page 1 of 5


Attachment 2<br />

Attachments: 64 Kings Road Page 2 of 5


Attachments: 64 Kings Road Page 3 of 5


64 Kings Road, CAMBRIDGE<br />

Attachment 3<br />

Site viewed from end of Kings Road, viewed looking west<br />

Kings Road and access strip to site, viewed looking west<br />

Attachments: 64 Kings Road Page 4 of 5


Attachment 4<br />

Zoning Plan - 64 Kings Road, Cambridge<br />

Scale : 1:9918.754<br />

Date Printed : 25/5/<strong>2012</strong><br />

Attachments: 64 Kings Road Page 5 of 5


CLARENCE CITY COUNCIL – CUSTOMER SERVICE- 4 JUNE <strong>2012</strong> 101<br />

11.4 CUSTOMER SERVICE<br />

Nil Items.


CLARENCE CITY COUNCIL – ASSET MANAGEMENT- 4 JUNE <strong>2012</strong> 102<br />

11.5 ASSET MANAGEMENT<br />

Nil Items.


CLARENCE CITY COUNCIL – FINANCIAL MANAGEMENT- 4 JUNE <strong>2012</strong> 103<br />

11.6 FINANCIAL MANAGEMENT<br />

Nil Items.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 104<br />

11.7 GOVERNANCE<br />

11.7.1 ESTIMATES <strong>2012</strong>/2013<br />

(File No 10-02-04)<br />

EXECUTIVE SUMMARY<br />

PURPOSE<br />

To consider the Estimates, incorporating the Capital Expenditure Programme, for the<br />

<strong>2012</strong>/2013 financial year, together with an updated List of Fees and Charges.<br />

RELATION TO EXISTING POLICY/PLANS<br />

Consistent with <strong>Council</strong>’s adopted Strategic Plan 2010-2015.<br />

LEGISLATIVE REQUIREMENTS<br />

<strong>Council</strong> is required to adopt Estimates for each financial year.<br />

CONSULTATION<br />

No issues to be addressed.<br />

FINANCIAL IMPLICATIONS<br />

The Estimates provide statutory authorisation for recurrent and capital expenditure for<br />

<strong>2012</strong>/2013. Based on the draft estimates, the required increased rating effort to meet<br />

the proposed functional outcomes is 3.2% excluding the effects of carbon pricing and<br />

the State Government Fire Services Contribution. A further 0.7% has been allowed to<br />

meet additional costs imposed on <strong>Council</strong> as a result of legislated pricing of carbon<br />

emissions, giving a total increase in net rating requirement of 3.9%.<br />

RECOMMENDATION:<br />

A. That the Estimates for <strong>2012</strong>/2013 as attached as Attachment 1 be adopted.<br />

B. That the Capital Expenditure Programme for <strong>2012</strong>/2013 attached as<br />

Attachment 2 be adopted.<br />

C. That the new List of Fees and Charges attached as Attachment 3 be adopted.<br />

NB: An Absolute Majority is required for a decision on this matter.<br />

________________________________________________________________________<br />

ASSOCIATED REPORT<br />

1. BACKGROUND<br />

1.1. Draft Estimates, Capital Expenditure Programme and List of Fees and Charges<br />

for <strong>2012</strong>/2013 have been prepared arising from a series of <strong>Council</strong> Workshops<br />

which considered a range of initiatives and issues likely to have an impact on<br />

the organisation in the coming year.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 105<br />

1.2. <strong>Council</strong> is required to adopt Estimates for each financial year.<br />

2. REPORT IN DETAIL<br />

2.1. The draft Estimates (refer Attachment 1) provide the high level financial<br />

framework within which <strong>Council</strong> will operate for the <strong>2012</strong>/2013 financial<br />

year. They are presented on a programme basis and meet <strong>Council</strong>’s statutory<br />

obligations under the Local Government Act, 1993. The draft Estimates are<br />

consistent with the detailed programme budgets discussed by <strong>Council</strong> at its<br />

series of Workshops on the issue, with minor adjustments made as definite<br />

amounts (eg final rates growth) become known.<br />

2.2. The draft Estimates require a net increase in rating income of 3.9% on<br />

2011/<strong>2012</strong> levels net of growth. Growth had been estimated at 2.1% during<br />

<strong>Council</strong>’s budget deliberations, however, final supplementary valuations<br />

received resulted in actual growth of 2.2%. This is a strong result when<br />

compared to the long term average (1.6% over 15 years).<br />

2.3. The net increase excludes the effects of the State Government’s Fire Services<br />

Contribution, which had an increase of 1.4%. The relatively small movement<br />

in this levy has the effect of reducing the overall percentage rate increase (ie<br />

including <strong>Council</strong>’s requirements and the Fire Levy) so that the aggregate shift<br />

is 3.4%. It is this lower amount which will be reflected on rate notices,<br />

although clearly varying from property to property.<br />

2.4. The increase in required total rating effort is above the March Consumer Price<br />

Index (Hobart) of 2.1%, against which <strong>Council</strong> rate movements are frequently<br />

compared. However, a range of issues needs to be taken into account in<br />

considering this comparison. Most significantly, the CPI is predominantly<br />

made up of goods and services which are irrelevant in considering <strong>Council</strong>’s<br />

cost structure. In particular, the low CPI figure was driven by a 30% reduction<br />

in fruit prices for the quarter.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 106<br />

2.5. Major factors affecting <strong>Council</strong>’s rating requirement include a further stage of<br />

budget “repair” following water reform, further increased effort in funding<br />

infrastructure renewal and the introduction of carbon pricing by the Australian<br />

Government.<br />

2.6. Transitional issues associated with water reform – in particular the short term<br />

loss of dividend revenue from equity in Southern Water – continue to have an<br />

impact on the recurrent estimates. The 2011/<strong>2012</strong> Estimates were supported<br />

by an amount of $400,000 from reserves in response to these issues.<br />

Aldermen considered a strategy to eliminate this reserve support over coming<br />

years and the <strong>2012</strong>/2013 Estimates contain support of $167,000 with this<br />

amount planned to reduce to nil in 2013/2014. The draft Estimates therefore<br />

require rating effort of $233,000 to meet this difference.<br />

2.7. The draft Estimates also provide for an increase in the level of additional<br />

effort dedicated to infrastructure renewal funding. Modelling considered by<br />

Aldermen during preparation of the draft Estimates confirmed a long term<br />

shortfall in renewal funding. A strategy to address this shortfall was<br />

considered and this strategy is reflected in the draft Estimates. An additional<br />

amount of $150,000 in increased funding is proposed for <strong>2012</strong>/2013, together<br />

with an inflation adjustment of $168,000 to maintain the value of the existing<br />

level of effort in real terms, giving a total nominal increase of $318,000.<br />

These amounts assume that new funding (real terms) will rise to $350,000<br />

each year from 2014/2015 and rely on future dividends from Southern Water<br />

being applied entirely to infrastructure renewal.<br />

2.8. Through this mechanism, the draft Estimates continue <strong>Council</strong>’s Policy of<br />

moving to full funding of future infrastructure renewal.<br />

2.9. Closely related to <strong>Council</strong>’s strategy for funding infrastructure renewal is<br />

interest earned on investments. This is estimated to increase by $600,000<br />

against the 2011/<strong>2012</strong> estimate due to the level of <strong>Council</strong>’s cash holdings,<br />

which have largely been driven by <strong>Council</strong>’s infrastructure renewal strategy<br />

and a range of funded capital projects which have yet to be completed.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 107<br />

However, the increase in revenue is entirely off-set by the amount<br />

appropriated to the Infrastructure Renewal Reserve, representing interest<br />

earnings on those funds, being increased. Through this mechanism the<br />

Infrastructure Renewal Reserve retains its value in real terms, assumptions<br />

made in long term financing modelling are met and the net rating requirement<br />

has effectively been insulated from the effect of cyclical movements in interest<br />

rates.<br />

2.10. As noted above, the Fire Services Contribution which <strong>Council</strong> is obliged to<br />

pay to the Tasmania Fire Service has increased by some 1.4% against<br />

2011/<strong>2012</strong>. The contribution will be $3.94 million, an increase of $55,000.<br />

2.11. Waste collection and recycling expenses are expected to increase markedly in<br />

<strong>2012</strong>/2013. Collection expenses are estimated at $2.305 million, or an<br />

increase of 12%. This is largely driven by the cost of disposal at the Copping<br />

landfill site charged to <strong>Council</strong> by the Joint Authority operating that facility.<br />

The Copping gate fee rate per tonne in 2011/<strong>2012</strong> is $40 and advice is that this<br />

will increase to $52 in <strong>2012</strong>/2013. Kerbside recycling costs and greenwaste<br />

collection costs, being the other major items in this category, are estimated to<br />

increase by 3%. Waste costs overall will rise by 8%.<br />

2.12. The Australian Government has enacted a range of legislation which<br />

introduces a price on carbon for some 500 of the biggest polluters in Australia,<br />

becoming effective on 1 July <strong>2012</strong>. This legislation also provides for a range<br />

of payments to individuals and in some cases, industry, to support them in<br />

<strong>meeting</strong> additional costs arising from carbon pricing. <strong>Council</strong> is not expected<br />

to incur a direct cost from this measure, however, will be exposed to a range<br />

of increased costs as the carbon price works its way through the supply chain.<br />

A major issue facing <strong>Council</strong> is that the precise effect of carbon pricing on its<br />

cost structure cannot be predicted accurately. Its final effect will depend on<br />

the extent to which primary “payers” pass on the cost, the extent to which<br />

these businesses participate in <strong>Council</strong>’s supply chain and how downstream<br />

producers and suppliers build the additional cost into their pricing.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 108<br />

Discussions with key suppliers who are likely to be affected by cost shifts<br />

indicate that their own cost (and hence pricing) structures are unclear post 1<br />

July <strong>2012</strong>.<br />

2.13. Studies undertaken to date vary markedly in the predicted effect of carbon<br />

pricing on Local Government. The NSW economic regulator has reported an<br />

estimate of 0.6%, Federal Treasury predicts an effect on CPI of 0.7%,<br />

Municipal Association of Victoria members have been advised a figure of<br />

0.8% and media reports have put the cost increase at up to 3%.<br />

2.14. It is clear that the 2 primary cost drivers for Local Government in relation to<br />

carbon pricing are electricity and larger landfill sites (annual emissions in<br />

excess of 25,000 equivalent tonnes of carbon). <strong>Council</strong>’s annual electricity<br />

charges are in the order of $1.2 million. An effect of 10% (which has been<br />

suggested for mainland <strong>Council</strong>s) would therefore give additional costs of<br />

$120,000. There is potential, however, for Tasmania’s power pricing to be<br />

less affected than other States due to its extensive use of hydro power<br />

generation. In relation to landfill, the Copping site is expected to exceed the<br />

25,000 tonne threshold. However, a facility is to be established at the site to<br />

extract methane gas, generate electricity and feed this into the grid. Advice<br />

from the Authority is that this will at least off-set any effects from carbon<br />

pricing. Pricing of waste disposal at Copping has been priced accordingly.<br />

2.15. Given this range of information on carbon pricing and having regard to other<br />

cost pressures affecting <strong>Council</strong>’s estimates such as waste charges and<br />

infrastructure renewal funding, it is recommended that <strong>Council</strong> provide for the<br />

effects of carbon pricing at the lower end of the range of estimates. While this<br />

creates the potential for further cost increases in 2013/2014 (a small additional<br />

increase is anticipated in any event), it ensures that <strong>Council</strong> is not likely to<br />

over-recover in <strong>2012</strong>/2013, a matter which is expected to receive close<br />

attention from the regulators. On this basis, the overall effect on the rating<br />

requirement provided by the draft Estimates in relation to carbon pricing is<br />

0.7%.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 109<br />

2.16. Significant items contained in the draft Estimates include:<br />

� continuation of the financing strategy for infrastructure renewal,<br />

additional $318,000;<br />

� increased investment income ($600,000) and corresponding increase in<br />

interest attributed to the Infrastructure Renewal Reserve ($600,000);<br />

� $1.47 million for sealed road maintenance;<br />

� $504,000 for unsealed road maintenance;<br />

� $1.012 million for street lighting;<br />

� $386,000 for stormwater inspection and repair;<br />

� $3.58 million for kerbside waste, recycling and greenwaste collection;<br />

� $175,000 for maintenance to tracks and trails;<br />

� $174,000 to address graffiti issues;<br />

� $864,000 for general sportsground maintenance;<br />

� $1.27 million for parks and playground maintenance;<br />

� $65,000 to develop a new Planning Scheme;<br />

� additional resourcing to support <strong>Council</strong>’s ranger services,<br />

administrative support and business systems development;<br />

� $87,000 to provide a full time fire management crew (additional 6<br />

months per year).<br />

2.17. A separate schedule of the proposed Capital Expenditure Programme is<br />

provided with this report as Attachment 2. The programme provides for<br />

works to the value of $14.38 million and is fully funded from a range of<br />

capital funding sources including State Grants Commission, infrastructure<br />

renewal funding, capital contribution from rates, road grants, specific purpose<br />

grants, and asset sales/equity contributions.<br />

2.18. Significant to the programme is a continued emphasis on road and footpath<br />

renewal. Major projects contained within this programme include:<br />

� $1.2 million footpath and kerb/gutter renewal;<br />

� $1.75 million road resealing;<br />

� $3.5 million road reconstruction;<br />

� $516,000 signalised intersection at Alma Street/Cambridge Road;


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 110<br />

� $300,000 multi-user pathway at Esplanade, Lindisfarne (Stage 2);<br />

� $230,000 rural footpath – Seven Mile Beach to Cambridge (Stage 2);<br />

� $177,000 Seven Mile Beach footpaths;<br />

� $410,000 stormwater upgrade – Lower River Street/Alexandra<br />

Esplanade/South Street (Stage 2);<br />

� $270,000 gross pollutant trap at Simmons Park;<br />

� $215,000 stormwater upgrade National Fitness Centre to Montagu Bay<br />

Road;<br />

� $185,000 upgrade culverts under Prossers Road/Wellington Street<br />

Richmond;<br />

� $180,000 Cremorne stormwater improvement;<br />

� $190,000 public toilet upgrade at DeBomfords Lane;<br />

� $263,000 Roches Beach/Cremorne Beach dune nourishment;<br />

� $600,000 Simmons Park upgrade (Stage 2);<br />

� $160,000 Bellerive Beach Park Master Plan (Stage 2);<br />

� $200,000 Richmond Oval lighting;<br />

� $180,000 North Warrane Oval drainage;<br />

� $150,000 <strong>Clarence</strong> Aquatic Centre pool resurfacing;<br />

� $110,000 Sandford Oval upgrade;<br />

� $100,000 Kangaroo Bay change rooms (Stage 3).<br />

2.19. No new borrowings are required under the draft Estimates. <strong>Council</strong>’s total<br />

debt at 30 <strong>June</strong> <strong>2012</strong> will be $1.0 million.<br />

2.20. <strong>Council</strong>’s List of Fees and Charges (refer Attachment 3) has also been<br />

considered during the Budget Workshops, with proposed alterations included<br />

for <strong>Council</strong>’s consideration.<br />

2.21. Fee adjustments are generally in line with inflation, however, 2 proposed<br />

charges received particular attention as part of the Budget Workshop process.<br />

Gate fees at the Mornington Park Waste Transfer Station (refer Page 35 of<br />

Attachment 3) are proposed to increase substantially.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 111<br />

This reflects increased costs for disposal at the Copping site and limits the<br />

increase in community service obligation otherwise payable in respect of this<br />

activity. It is consistent with the polluter pays principle that individual users<br />

should pay additional costs rather than being borne by ratepayers generally.<br />

Significantly, the minimum gate fee has been maintained at its current level<br />

under the proposal; this has the effect of lowering the weight at which the<br />

minimum fee no longer applies and at which the per tonnage rate takes over.<br />

2.22. A proposed new fee discussed during the budget process is a percentage<br />

charge for credit card transactions. The cost of providing credit card facilities<br />

is in the order of $70,000 for 2011/<strong>2012</strong>, however, card payments relate to<br />

only some 25% of transactions. Consequently, there is an equity issue in that<br />

all ratepayers currently pay for a facility used by only a minority of ratepayers<br />

and the specific users and their costs can be identified. Legislation now<br />

permits user charges for credit card transactions and it is therefore proposed<br />

that a 1% fee be applied, <strong>meeting</strong> the marginal and system costs of providing<br />

the service. A range of alternative payment methods are available should<br />

ratepayers not wish to pay the fee. If approved, the charge will not apply until<br />

later in the financial year, since a range of system modifications are required<br />

for its implementation. Specific advice of any new charge will be included on<br />

rate notices, in <strong>Council</strong> newsletters and on <strong>Council</strong>’s web site.<br />

3. CONSULTATION<br />

3.1. Community Consultation<br />

No issues to be addressed.<br />

3.2. State/Local Government Protocol<br />

No issues to be addressed.<br />

3.3. Other<br />

No issues to be addressed.<br />

4. STRATEGIC PLAN/POLICY IMPLICATIONS<br />

The Local Government Act requires the adoption of Estimates each year.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 112<br />

5. EXTERNAL IMPACTS<br />

No issues to be addressed.<br />

6. RISK AND LEGAL IMPLICATIONS<br />

No issues to be addressed beyond <strong>meeting</strong> the statutory obligation to adopt Annual<br />

Estimates.<br />

7. FINANCIAL IMPLICATIONS<br />

The Estimates provide statutory authorisation for recurrent and capital expenditure for<br />

<strong>2012</strong>/2013. Based on the draft Estimates, the required net increase in rating effort<br />

will be 3.4%, or 3.9% excluding the effects of the State Government Fire Services<br />

Contribution.<br />

8. ANY OTHER UNIQUE ISSUES<br />

Following adoption of the Estimates, a draft Annual Plan will be prepared for<br />

consideration by <strong>Council</strong> at a future Meeting. <strong>Council</strong> is required to adopt an Annual<br />

Plan each year.<br />

9. CONCLUSION<br />

9.1. The attached Estimates reflect a range of issues considered by Aldermen<br />

through the budget development process.<br />

9.2. The overall increase in rating effort required to meet the proposed expenditure<br />

levels is 3.4% net of growth or 3.9% excluding the effects of the State<br />

Government Fire Services Contribution.<br />

Attachments: 1. Annual Estimates (10)<br />

2. Capital Expenditure Programme (5)<br />

3. List of Fees and Charges (50)<br />

Andrew Paul<br />

GENERAL MANAGER


GOVERNANCE and COMMUNITY<br />

Communities and People 11,377<br />

<strong>City</strong> Future 2,343<br />

Natural Environment 6,862<br />

Governance 9,155<br />

Corporate Support 3,839<br />

INFRASTRUCTURE<br />

Roads & Transport 10,042<br />

Stormwater 2,078<br />

Facilities Management 3,941<br />

Plant 2,631<br />

TOTAL RATING REQUIREMENT 52,268<br />

CLARENCE CITY COUNCIL<br />

ANNUAL ESTIMATES <strong>2012</strong>/2013<br />

($000)<br />

EXPENSES REVENUES NET ASSET EXPENSES TFRS TO TFRS FROM NET RATING<br />

EXPENSES PURCHASES CAPITALISED RESERVES RESERVES REQU'T<br />

5,688<br />

1,417<br />

373<br />

3,714<br />

7<br />

1,285<br />

692<br />

525<br />

2,578<br />

16,279<br />

5,689<br />

926<br />

6,489<br />

5,441<br />

3,832<br />

8,757<br />

1,386<br />

3,416<br />

53<br />

35,989<br />

Less additional <strong>Council</strong> remissions 40<br />

Net Rating Requirement 40,132<br />

Rates Raised 2011/12 Plus Growth 38,812<br />

Net Increase Including Government Charges 3.4%<br />

Increase Due to Govt Charges -0.5%<br />

NET INCREASE 3.9%<br />

Page 1<br />

2,965<br />

477<br />

9,422<br />

2,240<br />

743<br />

15,847<br />

391<br />

59<br />

1,981<br />

492<br />

91<br />

3,014<br />

-<br />

300<br />

2,355<br />

-<br />

2,655<br />

Attachment 1<br />

1,461<br />

92<br />

167<br />

50<br />

7,654<br />

1,176<br />

652<br />

53<br />

11,305<br />

6,802<br />

1,226<br />

6,815<br />

7,629<br />

3,782<br />

8,544<br />

1,958<br />

3,416<br />

-<br />

40,172


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> Annual Estimates <strong>2012</strong>/2013<br />

COMMUNITIES & PEOPLE<br />

FINANCIAL RESOURCE REQUIREMENTS<br />

$'000<br />

Total Expenses 11,377<br />

Total Revenues 5,688<br />

Net Expenses 5,689<br />

Less Expenses Capitalised 391<br />

Net Operating Expenses 5,298<br />

Net Asset Purchases 2,965<br />

Borrowings<br />

Transfers to Reserves<br />

Transfers from Reserves 1,461<br />

Capital Financing Requirement 1,504<br />

Net Rating Requirement 6,802<br />

Capital<br />

0%<br />

Other<br />

51%<br />

Funding Mix<br />

Resource Mix<br />

Share of Total Rate Levy<br />

Page 2<br />

Internal<br />

43%<br />

External<br />

57%<br />

Rates<br />

49%<br />

17%


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> Annual Estimates <strong>2012</strong>/2013<br />

CITY FUTURE<br />

FINANCIAL RESOURCE REQUIREMENTS<br />

$'000<br />

Total Expenses 2,343<br />

Total Revenues 1,417<br />

Net Expenses 926<br />

Less Expenses Capitalised 0<br />

Net Operating Expenses 926<br />

Net Asset Purchases 0<br />

Borrowings<br />

Transfers to Reserves 300<br />

Transfers from Reserves 0<br />

Capital Financing Requirement 300<br />

Net Rating Requirement 1,226<br />

Other<br />

54%<br />

External<br />

23%<br />

Capital<br />

0%<br />

Funding Mix<br />

Resource Mix<br />

Share of Total Rate Levy<br />

Page 3<br />

3%<br />

Rates<br />

46%<br />

Internal<br />

77%


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> Annual Estimates <strong>2012</strong>/2013<br />

NATURAL ENVIRONMENT<br />

FINANCIAL RESOURCE REQUIREMENTS<br />

$'000<br />

Total Expenses 6,862<br />

Total Revenues 373<br />

Net Expenses 6,489<br />

Less Expenses Capitalised 59<br />

Net Operating Expenses 6,430<br />

Net Asset Purchases 477<br />

Borrowings<br />

Transfers to Reserves<br />

Transfers from Reserves 92<br />

Capital Financing Requirement 385<br />

Net Rating Requirement 6,815<br />

Other<br />

6%<br />

Internal<br />

16%<br />

Capital<br />

0%<br />

Funding Mix<br />

Resource Mix<br />

Share of Total Rate Levy<br />

Page 4<br />

17%<br />

Rates<br />

94%<br />

External<br />

84%


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> Annual Estimates <strong>2012</strong>/2013<br />

GOVERNANCE<br />

FINANCIAL RESOURCE REQUIREMENTS<br />

$'000<br />

Total Expenses 9,155<br />

Total Revenues 3,714<br />

Net Expenses 5,441<br />

Less Expenses Capitalised 0<br />

Net Operating Expenses 5,441<br />

Net Asset Purchases 0<br />

Borrowings<br />

Transfers to Reserves 2,355<br />

Transfers from Reserves 167<br />

Capital Financing Requirement 2,188<br />

Net Rating Requirement 7,629<br />

Other<br />

34%<br />

Capital<br />

0%<br />

Internal<br />

15%<br />

Funding Mix<br />

Resource Mix<br />

Share of Total Rate Levy<br />

Page 5<br />

19%<br />

Rates<br />

66%<br />

External<br />

85%


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> Annual Estimates <strong>2012</strong>/2013<br />

CORPORATE SUPPORT<br />

FINANCIAL RESOURCE REQUIREMENTS<br />

$'000<br />

Total Expenses 3,839<br />

Total Revenues 7<br />

Net Expenses 3,832<br />

Less Expenses Capitalised 0<br />

Net Operating Expenses 3,832<br />

Net Asset Purchases 0<br />

Borrowings<br />

Transfers to Reserves<br />

Transfers from Reserves 50<br />

Capital Financing Requirement -50<br />

Net Rating Requirement 3,782<br />

Other<br />

1%<br />

Capital<br />

0%<br />

External<br />

49%<br />

Funding Mix<br />

Resource Mix<br />

Share of Total Rate Levy<br />

Page 6<br />

9%<br />

Rates<br />

99%<br />

Internal<br />

51%


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> Annual Estimates <strong>2012</strong>/2013<br />

INFRASTRUCUTRE - ROADS & TRANSPORT<br />

FINANCIAL RESOURCE REQUIREMENTS<br />

$'000<br />

Total Expenses 10,042<br />

Total Revenues 1,285<br />

Net Expenses 8,757<br />

Less Expenses Capitalised 1,981<br />

Net Operating Expenses 6,776<br />

Net Asset Purchases 9,422<br />

Borrowings<br />

Transfers to Reserves<br />

Transfers from Reserves 7,654<br />

Capital Financing Requirement 1,768<br />

Net Rating Requirement 8,544<br />

Other<br />

51%<br />

Capital<br />

20%<br />

Funding Mix<br />

Resource Mix<br />

Share of Total Rate Levy<br />

Page 7<br />

Internal<br />

18%<br />

21%<br />

Rates<br />

49%<br />

External<br />

62%


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> Annual Estimates <strong>2012</strong>/2013<br />

INFRASTRUCTURE - STORMWATER<br />

FINANCIAL RESOURCE REQUIREMENTS<br />

$'000<br />

Total Expenses 2,078<br />

Total Revenues 692<br />

Net Expenses 1,386<br />

Less Expenses Capitalised 492<br />

Net Operating Expenses 894<br />

Net Asset Purchases 2,240<br />

Borrowings<br />

Transfers to Reserves<br />

Transfers from Reserves 1,176<br />

Capital Financing Requirement 1,064<br />

Net Rating Requirement 1,958<br />

Other<br />

49%<br />

External<br />

62%<br />

Internal<br />

24%<br />

Funding Mix<br />

Resource Mix<br />

Share of Total Rate Levy<br />

Page 8<br />

Capital<br />

14%<br />

5%<br />

Rates<br />

51%


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> Annual Estimates <strong>2012</strong>/2013<br />

INFRASTRUCTURE - FACILITIES MANAGEMENT<br />

FINANCIAL RESOURCE REQUIREMENTS<br />

$'000<br />

Total Expenses 3,941<br />

Total Revenues 525<br />

Net Expenses 3,416<br />

Less Expenses Capitalised 91<br />

Net Operating Expenses 3,325<br />

Net Asset Purchases 743<br />

Borrowings<br />

Transfers to Reserves<br />

Transfers from Reserves 652<br />

Capital Financing Requirement 91<br />

Net Rating Requirement 3,416<br />

Other<br />

26%<br />

External<br />

57%<br />

Internal<br />

8%<br />

Funding Mix<br />

Resource Mix<br />

Share of Total Rate Levy<br />

Page 9<br />

Capital<br />

35%<br />

9%<br />

Rates<br />

74%


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> Annual Estimates <strong>2012</strong>/2013<br />

PLANT<br />

FINANCIAL RESOURCE REQUIREMENTS<br />

$'000<br />

Total Expenses 2,631<br />

Total Revenues 2,578<br />

Net Expenses 53<br />

Less Expenses Capitalised 0<br />

Net Operating Expenses 53<br />

Net Asset Purchases 0<br />

Borrowings<br />

Transfers to Reserves 0<br />

Transfers from Reserves 53<br />

Capital Financing Requirement -53<br />

Net Rating Requirement 0<br />

Internal<br />

9%<br />

Funding Mix<br />

Resource Mix<br />

Share of Total Rate Levy<br />

Page 10<br />

0%<br />

External<br />

91%


Funding<br />

Attachment 2<br />

<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

Annual Plan <strong>2012</strong>/2013 - Capital Expenditure Programme<br />

Expenditure<br />

$000<br />

Grants Commission 2,680<br />

Renewal reserve (renewal projects only) 8,832<br />

Borrowings -<br />

Roads to Recovery 468<br />

Special Grants 139<br />

Property Sales 238<br />

Rates for reseal prep transferred from recurrent 400<br />

Major Development Rates 1,337<br />

Pool funds reallocated from 11/12 projects 60<br />

Public Open Space Reserve -<br />

Car Parking Reserve 135<br />

14,289<br />

Active Recreation 987<br />

Passive Recreation 1,590<br />

Community Arts 20<br />

Environmental 391<br />

Waste 27<br />

Facilities Management 652<br />

Roads 8,756<br />

Stormwater 1,868<br />

14,290<br />

Funds Variance (Shortfall) (0)<br />

Special Grants<br />

- MAST 34,000<br />

- Multi User Path Montagu Bay 75,000<br />

- Begonia/Flagstaff Intersection 20,000<br />

- <strong>Clarence</strong> Bicyle Strategy 10,000<br />

139,000<br />

Page 1


Capital Programme <strong>2012</strong>/2013<br />

Total Cost<br />

$<br />

Active Recreation<br />

<strong>Clarence</strong> Aquatic Centre - Refurbish the pool surface 150,000<br />

<strong>Clarence</strong> Aquatic Centre - Refurbish and upgrade female shower amenity block 72,000<br />

Kangaroo Bay - Sportsfield change rooms 100,000<br />

Lindisfarne Oval - completion of Wash Down Area 30,000<br />

Montagu Bay boat ramp - subject of MAST grant 70,000<br />

North Warrane Oval - Install sub-soil drainage 180,000<br />

Richmond Oval - Design stage for New Sports Pavilion to cater for DDA, 2 Female /<br />

2 Male Change Rooms and Umpires 30,000<br />

Richmond Oval - Upgrade sports ground lighting to Aust Standard 200,000<br />

Richmond Tennis Club - Construction of a Tennis Hit Up Wall on the Eastern side of<br />

the court - RAC priority 15,000<br />

Sandford Oval - Upgrade based on assessment, undertake oval turf maintenance<br />

work, install bore pump and 25,000l holding tank and instal automated irrigation<br />

system 110,000<br />

Wentworth Park - completion of Wash Down Area 30,000<br />

TOTAL $987,000<br />

Passive Recreation<br />

Acton Court Facility - Stage 2 Development, Access road and turning circle, Off<br />

street parking, Water system, Lookout area 80,000<br />

Adina Park - Shade and Amenity trees 10,000<br />

Anulka Park - Replacement of Play Gear and purchase and installation of seating<br />

and new rubbish bin 22,000<br />

Anzac Park - Shade and Amenity trees 10,000<br />

Astor Park - Upgrade Irrigation System 31,000<br />

Bellerive Beach Park - Master Plan Stage 2 160,000<br />

Bellerive Boardwalk - public shade structures Stage 2 70,000<br />

Bellerive/Rokeby/Clarendon Vale - Install replacement exercise equipment 35,000<br />

<strong>Clarence</strong> Foreshore Trail - Signage 20,000<br />

Clifton Beach Park - Replace BBQ's 10,500<br />

Clifton Play Park - Shade and Amenity trees 5,000<br />

Construction of steps at 100A Derwent Avenue, from Derwent Avenue to Natone Hill<br />

Reserve 20,000<br />

Construction of steps at 160A Derwent Avenue, from Derwent Avenue to Natone Hill<br />

Reserve 20,000<br />

Cremorne Beach Park - Install exercise equipment and replace BBQ 35,000<br />

Cremorne Beach Park - Shade and Amenity trees 10,000<br />

Duke Park - Upgrade Irrigation System 25,000<br />

Elinga Park - Replacement of Play Gear and purchase and installation of seating and<br />

fence along roadside of park 25,000<br />

Install seats at relevant locations on bus routes and shopping centres; Napoleon<br />

Street, <strong>Clarence</strong> Street/Shoreline Drive, <strong>Clarence</strong> Street/Wentworth Street 15,000<br />

Lauderdale Canal - Construct toddlers play gear at Lauderdale and fencing 31,000<br />

Lighting Walkways / Multi-use paths Bellerive Beach Park, Charles Hand Park 40,000<br />

Montagu Bay Park - Install a BBQ & Shelter 31,000<br />

Purchase & Installation of directional signage for major parks 9,000<br />

Replace the existing softfall with recycled rubber softfall throughout <strong>Council</strong>'s<br />

playgrounds. 53,000<br />

Richmond - St Johns Circle side - Remove stairs, rehabilitate the area, top soil and<br />

lawn 30,000<br />

Richmond - Replacement of Trees Richmond Cemetery 2,000<br />

Richmond Skate Park - Install drinking fountain at the open area rear of Tennis<br />

courts 5,000<br />

Page 2


Capital Programme <strong>2012</strong>/2013<br />

Total Cost<br />

$<br />

Risdon Vale Community Park - Replacement of teenage play equipment & purchase<br />

and installation of shelter and seating 60,000<br />

Simmons Park stage 2 - Rain Garden & U/G Tank, Irrigation, Seniors Equipment,<br />

Realign Paths, Landscaping/mounding. 600,000<br />

Tangara Trail - Implement management plan recommendation for installing signage,<br />

barriers and fencing along with upgrading sections of the trail. 15,000<br />

Warrane Green Belt - Replacement and improvement of Play Gear and purchase<br />

and installation of seating 60,000<br />

Waverly Flora Park - Replacement of Play equipment and construction of retaining<br />

wall and site works 50,000<br />

TOTAL $1,589,500<br />

Community Arts<br />

Purchase of Public Art 20,000<br />

TOTAL $20,000<br />

Natural<br />

Rosny Hill Management Plan - implementation 21,000<br />

Upgrading of fire trails 21,000<br />

Erosion protection and ramp access from Bellerive Beach to Second Bluff 50,000<br />

Roches Beach Bio-diversity Assessment 11,000<br />

Roches Beach & Cremorne Beach - Dune Nourishment 263,550<br />

Survey of Dune Profiles 9,000<br />

Roscommon Management Plan - Implementation of adopted Plan 10,000<br />

Sheoak Point Revegetation 5,000<br />

TOTAL $390,550<br />

Waste<br />

Install additional 20 Public Place Recycling bins throughout the <strong>City</strong> 27,000<br />

TOTAL $27,000<br />

Facilities Management<br />

Design stage - DDA Compliant Public Toilet Pindos Drive Play Park 40,000<br />

Public Toilet Upgrade-Debomfords Lane 190,000<br />

Bellerive Boardwalk Landings 20,000<br />

Richmond Town Hall Supper Room Kitchen Upgrade - RAC priority 50,000<br />

Deck renewal for Bellerive Boardwalk 10,500<br />

<strong>Council</strong> Chambers - replace chiller plant 260,000<br />

Depot Storage Material Bins 16,000<br />

Rosny Historic Centre - Construct Extension to existing storage 35,000<br />

Rosny Barn & Cottage remedial works including minor structural works 30,000<br />

TOTAL $651,500<br />

Page 3


Capital Programme <strong>2012</strong>/2013<br />

Total Cost<br />

$<br />

Roads<br />

Bus Bays-121 Seven Mile Beach Road and 208/216 Acton Road 40,000<br />

Rosny Bus Mall - traffic management works 120,000<br />

Howrah Rec Centre Overflow Car Park 88,000<br />

Multi Story Car park Rosny Park - Concept investigation 15,000<br />

Car Park <strong>Clarence</strong> Street as per DA for 4a <strong>Clarence</strong> Street 168,250<br />

Dampier St Soccer Field Car Park Sealing 30,000<br />

Begonia Street/Flagstaff Gully Intersection - Construct Traffic Calming measure 40,000<br />

Esplanade, Lindisfarne - Multiuser pathway - Stage 2 300,000<br />

<strong>Clarence</strong> Street Cycle Way/Multi User Path - Bellerive to Howrah. Undertake<br />

community consultation 20,000<br />

Bicycle U frames 5,000<br />

Construction of Multi User path Tasman Highway - Stage 2 from Conara Road to<br />

Riawena Road. 150,000<br />

Install DDA compliant ramps various 45,000<br />

Installation of kerb ramps various 20,000<br />

Installation of kerb ramps - pedestrian refuge 20,000<br />

Monaco Place - Rock fall fencing 6,000<br />

Seven Mile Beach footpaths 177,000<br />

Rural Footpath - Seven Mile Beach to Cambridge, Stage 2 - Estate Drive to<br />

Cambridge 230,000<br />

Replace aged kerb and gutter - various 50,000<br />

Footpath/Kerb and Gutter Remediation Program 1,200,000<br />

Gravel Road Sealing - Napoleon St Richmond 20,000<br />

South Arm - seal exist gravel road to jetty and provide footpath 35,000<br />

Kangaroo Bay-construct signalised intersection Alma Street/Cambridge Road -<br />

including temporary connection to Kangaroo Bay Drive 516,000<br />

Queen Street, centre median kerb and gutter replacement between Crown and<br />

Petchy Streets 75,000<br />

Road Reseal Program 1,750,000<br />

Replace treated pine retaining walls with masonry retaining wall near frontage of no<br />

204 Tranmere Road 40,000<br />

Major Digouts/ Reconstruction - Annual Program 3,500,000<br />

Grange Road West - Seal the gravel car park and landscaping of surrounds 20,000<br />

Laneway Sealing 40,000<br />

Construct a walking track along <strong>Council</strong> reserve from 141 Tranmere Road to 580<br />

Oceana Drive 21,000<br />

Install traffic island corner Tilanbi and Yarram Streets 15,000<br />

TOTAL $8,756,250<br />

Stormwater<br />

Drainage Minor Construction 52,000<br />

Pipe open drain at 141 Tranmere Road 31,000<br />

Stormwater Upgrade from the National Fitness Centre car park to Montagu Bay<br />

Road 215,000<br />

Install new headwall and silt trap outside 504 Cambridge Road 7,000<br />

Cremorne Stormwater Drainage Improvement Works 180,000<br />

Oscars Place Stormwater extension 50,000<br />

Upgrade existing 150 mm dia stormwater main in Correa Street 15,000<br />

Lauderdale Oval - drainage works 30,000<br />

Simmons Park - Beach Road Outfall 125,000<br />

Replace the existing 100 dia Stormwater line with 225 dia line at 37 Esplanade<br />

Lindisfarne 12,000<br />

Risdon Vale Rivulet - Stage 2 - creek remediation 64,000<br />

Page 4


Capital Programme <strong>2012</strong>/2013<br />

Total Cost<br />

$<br />

GPT - Simmons Park 270,000<br />

Stage 2 - Stormwater Upgrade - Lower River Street - Alexandra Esplanade to South<br />

Street 410,000<br />

International Close - Refurbish Soakage Pits 10,000<br />

Roches Beach Rivulet - Undertake bank stabilisation and rehabilitation works 20,000<br />

Mountain Bike Park Stormwater Diversion 12,000<br />

Upgrade culverts under Prosser Road and Wellington Street. Define swales. 185,000<br />

Increase capacity at Gunning Street to convey Victoria Street Richmond runoff 30,000<br />

Seven Mile Beach groundwater drainage-main from Woodhurst Road to Acton Creek 100,000<br />

Upgrade reticulation between Cambridge Road and Shackelton Street and further<br />

downstream 50,000<br />

TOTAL $1,868,000<br />

Page 5<br />

GRAND TOTAL $14,289,800


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

PLANNING FEES<br />

DEVELOPMENT APPLICATIONS<br />

Preliminary assessment including PD4 check (no charge)<br />

Advertising & Notification Fee (req for discretionary applications only) $250.00 $260.00 4.0%<br />

Single Dwelling Assessment Fee (charged for new dwellings and additions) $250.00<br />

Outbuildings and incidental residential structures


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Planning Scheme Amendments<br />

Advertising & Notification Fee $1,000 (100% refunded if <strong>Council</strong><br />

refuses to initiate and 30% refunded if<br />

Assessment Fee (excludes DA fees for S43 applications)<br />

TPC Costs<br />

amendment refused by TPC)<br />

$2,000 ($500 refunded if amendment<br />

not certified) - if amendment for<br />

minor changes - e.g. to a use and<br />

development standard)<br />

OR $10,000 for other amendments<br />

($2,000 refunded if amendment not<br />

certified)<br />

$272.00 (plus any TPC adjustment<br />

made during financial year)<br />

$1,100 (100% refunded if <strong>Council</strong><br />

refuses to initiate and 30% refunded if<br />

amendment refused by TPC)<br />

$2,100 ($500 refunded if amendment<br />

not certified) - if amendment for<br />

minor changes - e.g. to a use and<br />

development standard)<br />

10.0%<br />

5.0%<br />

OR $10,000 for other amendments<br />

($2,000 refunded if amendment not<br />

certified)<br />

$280.00 (plus any TPC adjustment<br />

made during financial year) 2.9%<br />

STRATA SCHEMES<br />

Strata Scheme Sealing $265.00 $300.00 13.2%<br />

Reinspections where development fails first requested inspection $85.00 $87.70 3.2%<br />

Assessment and issuing of Certificate of Approval for Strata Scheme<br />

(including amendments etc)<br />

Community Development and Staged Development Schemes Assessment<br />

(Where no DA required)<br />

Community Development and Staged Development Schemes Amendment<br />

(Where DA required also - DA fees also apply)<br />

$160 per new strata lot (min $160) $165 per new strata lot (min $165) 3.1%<br />

$130 per dwelling/ tenancy -<br />

minimum $180<br />

$130 per dwelling/ tenancy -<br />

minimum $210<br />

0.0%<br />

16.7%<br />

$150.00 $165.00 10.0%<br />

SUBDIVISION FEES<br />

Advertising & Notification Fee $250.00 $260.00 4.0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 2


ITEM<br />

ASSESSMENT FEE<br />

2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

For not more than 10 lots $340.00 $350.00 2.9%<br />

For 11 - 30 lots inclusive $900.00 $950.00 5.6%<br />

For more than 30 lots $1,700.00 $1,800.00 5.9%<br />

For review & approval of infrastructure plans<br />

Request to consider amended plans, prior to expiry of Statutory approval<br />

period<br />

Checking of Final plan for sealing<br />

Request for document signing & or sealing<br />

Reinspections where development fails first requested inspection<br />

OTHER PLANNING FEES<br />

Application for minor amendment under Section 56 or 43K LUPAA<br />

Petitions to amend Sealed Plans - S103 Local Government (Bld & Misc<br />

Provisions) Act including sealing fee<br />

Applications for Certificates of non-contravention of dealings - S90 LG<br />

(Bld & Misc) Act<br />

Applications for Adhesion Orders including sealing fee<br />

Preparation of part 5 agreement<br />

Deferment of <strong>Council</strong>'s consideration of applications for planning permits<br />

Any application withdrawn prior to determination<br />

Any application seeking to authorise use or development already<br />

undertaken<br />

ASSET MANAGEMENT FEES (DA's & Subdivision)<br />

Site Inspection to re-assess previously non approved works<br />

1% of contract cost or certified<br />

construct cost - Min fee $240<br />

1% of contract cost or certified<br />

construct cost - Min fee $250 4.2%<br />

50% of applicable Fee 50% of applicable Fee 0.0%<br />

$280.00 $280.00 0.0%<br />

$85.00 $85.00 0.0%<br />

$85.00 $85.00 0.0%<br />

Permitted DA - $105<br />

Discretionary DA - $165<br />

$1,315.00 ($315.00 to be paid on<br />

application, balance fee of $1,000.00<br />

to be paid if hearing is to be<br />

conducted) All fees to be paid by<br />

applicant.<br />

Permitted DA - $110<br />

4.8%<br />

Discretionary DA - $170<br />

3.0%<br />

$1,315.00 ($315.00 to be paid on<br />

application, balance fee of $1,000.00<br />

to be paid if hearing is to be<br />

conducted) All fees to be paid by<br />

applicant. 0.0%<br />

$330.00 $350.00 6.1%<br />

$265.00 $270.00 1.9%<br />

$500.00 $550.00 10.0%<br />

$250.00 $250.00 0.0%<br />

30% of the applicable fee up to a<br />

maximum of $500 (balance of<br />

original fee to be refunded)<br />

Applicable fee for the use or<br />

development plus 25% of that fee.<br />

30% of the applicable fee up to a<br />

maximum of $500 (balance of<br />

original fee to be refunded) 0.0%<br />

Applicable fee for the use or<br />

development plus 50% of that fee. 100.0%<br />

$85 per additional inspection $87 per additional inspection 2.4%<br />

Page 3<br />

All fees and charges inclusive of GST where applicable


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

BUILDING FEES<br />

PERMIT AUTHORITY FEES<br />

Building permit - Class 1 single dwellings $350.00<br />

$170 (except where a Levy<br />

under Section 270 of the Act<br />

$355.00 1.4%<br />

Building permit - Class 10A work under $12,000<br />

is not applicable = $80) $85.00 6.3%<br />

Building permit - Class 10A work exceeding $12,000 $175.00 NEW<br />

$600 for 2 dwellings plus $615 for 2 dwellings plus 2.5% +<br />

$120 for each additional $125 for each additional 4.2%<br />

Building permit Multiple Dwellings or Commercial<br />

dwelling<br />

dwelling<br />

0.2% of estimated cost of 0.2% of estimated cost of<br />

Levy: prescribed under Part 3 of the Building and Construction Industry works<br />

works<br />

Training Fund Act 1990<br />

E.g. For $100,000 works E.g. For $100,000 works<br />

Applies for value of work more than $12,000<br />

Levy = $200<br />

Levy = $200 0.0%<br />

0.1% of estimated cost of 0.1% of estimated cost of<br />

works<br />

works<br />

Levy: payable under Section 270 of the Building Act 2000<br />

E.g. For $100,000 works E.g. For $100,000 works<br />

Applies for value of work $12,000 or more<br />

Levy = $100<br />

Levy = $100 0.0%<br />

Extension of Time to Building / Plumbing Permit $100.00 $100.00 0.0%<br />

Certificate of Completion $45.00 $48.00 6.7%<br />

Sealing of Services (carried out by <strong>Council</strong>) $150.00 $150.00 0.0%<br />

Amendment Fee (Re-assessment) $160.00<br />

In accordance with Schedule<br />

$160.00 0.0%<br />

4 of the Building<br />

In accordance with Schedule 4<br />

Infringement Notices<br />

Regulations<br />

of the Building Regulations 0.0%<br />

Temporary Occupancy Permit $90.00 $95.00 5.6%<br />

All fees and charges inclusive of GST where applicable<br />

Page 4


ITEM<br />

OTHER FEES<br />

2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Infrastructure Protection Bond (All new dwellings, commercial buildings & Please refer to fees list for Please refer to fees list for<br />

substantial additions) Applies to urban areas and Richmond only<br />

"Infrastructure Bonds" "Infrastructure Bonds"<br />

Normal building fee plus Normal building fee plus<br />

Permit to proceed (following illegal works notice)<br />

$250<br />

$260 4.0%<br />

Normal building fee plus Normal building fee plus<br />

Permit of Substantial Compliance (Processing & Issue)<br />

$250<br />

$260 4.0%<br />

Build over easement request/assessment fee $69.00 $71.50 3.6%<br />

$650 Inspection and $450 $650 Inspection and $450<br />

Building Certificate - Class 1 and 10<br />

each subsequent inspection each subsequent inspection 0.0%<br />

$1,200 Inspection and $450 $1,200 Inspection and $450<br />

Building Certificate - Commercial and Industrial<br />

each subsequent inspection<br />

50% of permit fee (balance<br />

each subsequent inspection 0.0%<br />

of original fee to be 50% of permit fee (balance of<br />

Any application withdrawn prior to issue of permit<br />

refunded)<br />

original fee to be refunded) 0.0%<br />

Hard Copy Paper Print of Permit and Plans Up to (A3) in size - per page $2.50 NEW<br />

Hard Copy Paper Print of Permit and Plans Over (A3) in size - per page $10.00 NEW<br />

PLUMBING APPLICATIONS<br />

Plumbing fees specifically relating to the installation of retro-fit rainwater tanks<br />

(only) will be waived $0.00 $0.00 0.0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 5


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

DWELLINGS, FLATS & OUTBUILDINGS<br />

Plumbing Permit - Stand Alone & Certificate of Completion $115.00 $175.00 52.2%<br />

Plumbing Permit Class 10A - Stormwater Only & Certificate of Completion $150.00 $200.00 33.3%<br />

Plumbing Permit Residential Class 1A and/or Class 10A with fixtures $115.00 $175.00 52.2%<br />

Plumbing Permit - Lauderdale connection to sewer system only $70.00 $70.00 0.0%<br />

Lauderdale Sewer Connection Inspection Fee $30.00 $30.00 0.0%<br />

Special Plumbing Permits non-trade waste (excluding on site systems) $60.00 $65.00 8.3%<br />

$160 for each dwelling. $165 for each dwelling.<br />

Unit developments - $160 Unit developments - $165 for<br />

Residential Sanitary Plumbing Inspection Fee<br />

for each unit<br />

each unit 3.1%<br />

$90 for each dwelling. $95 for each dwelling.<br />

Unit developments - $90 for Unit developments - $95 for<br />

Residential Stormwater Inspection Fee<br />

each unit<br />

each unit 5.6%<br />

$150 for each dwelling. $200 for each dwelling.<br />

General Inspection Fee (Chargeable on all plumbing permits with sanitary Unit developments - $150 Unit developments - $200 for<br />

fixtures and/or per unit in unit developments)<br />

for each unit<br />

each unit 33.3%<br />

Amended permit $120.00 $125.00 4.2%<br />

COMMERCIAL BUILDINGS<br />

Plumbing Permit Commercial Class 2-9 work under $500,000 $150.00 $200.00 33.3%<br />

0.03% of cost of works. 0.031% of cost of works.<br />

Plumbing Permit Commercial Class 2-9 work over $500,000<br />

Minimum $150<br />

Minimum $155 3.3%<br />

Commercial Sanitary Inspection Fee $200.00 $210.00 5.0%<br />

Commercial Stormwater Inspection Fee $100.00 $105.00 5.0%<br />

General Inspection Fee $150.00 $200.00 33.3%<br />

Amended permit<br />

Plumbing Permit - connection of water tank in serviced urban and rural<br />

$120.00 $125.00 4.2%<br />

residential areas $25.00 $25.00 0.0%<br />

Trade waste assessment and agreements connection to Stormwater $200 annual fee NEW<br />

Page 6<br />

All fees and charges inclusive of GST where applicable


ITEM<br />

OTHER PLUMBING FEES<br />

2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Copy Sewerage House Connection Plans $15.00 $20.00 33.3%<br />

Any application withdrawn prior to issue of permit<br />

50% of permit fee (balance<br />

of original fee to be<br />

refunded)<br />

50% of permit fee (balance of<br />

original fee to be refunded) 0.0%<br />

SEEPAGE INVESTIGATIONS - GROUNDWATER<br />

Initial Inspection and Dye Testing $90.00 NEW<br />

Further request for investigation of groundwater. Minimum charge $270. Fee<br />

$270 minimum charge + $90<br />

refunded if <strong>Council</strong> infrastructure at fault. Additional time charged at hourly<br />

per hour on the job charge to<br />

rate.<br />

nearest 15 minutes. NEW<br />

All fees and charges inclusive of GST where applicable<br />

Page 7


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM<br />

HEALTH - LICENCE, PERMIT and NOTICE FEES<br />

Miscellaneous<br />

Place of Assembly fees - permanent structures/regular public events<br />

2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Application fee to licence new premise $75.00 $78.00 4.0%<br />

Application for annual renewal of a licence $75.00 $78.00 4.0%<br />

Swimming Pools - annual licence fee, follow up inspections including water $75.00 + $75.00 per $78.00 + $78.00 per<br />

sampling as part of conditions of approval<br />

Place of Assembly fees - temporary structures/irregular and once off public<br />

events<br />

inspection/water sample inspection/water sample 4.0%<br />

Application fee - per event $127.00 $131.00 3.1%<br />

Licence Fee (issued for limited period specified) $75.00 $78.00 4.0%<br />

Follow up inspections and/or sampling as part of conditions of approval $75.00 $78.00 4.0%<br />

Public Health Risk Activity (acupuncturing, tattooing, ear/body piercing)<br />

Registration of Premises<br />

$75.00 + Licence Fee<br />

$28.00 per person<br />

Registration of Premises<br />

$78.00 + Licence Fee<br />

$29.00 per person<br />

Permit for burial of human remains on private land $165.00 $170.00 3.0%<br />

Cooling tower registration $75.00 $78.00 4.0%<br />

Registration of a regulated system $75.00 $78.00 4.0%<br />

Registration of Private Water Supplier $78.00 NEW<br />

Water Carting Permit - testing & inspection of vehicle used for the sale and $165.00 + $90.00 each $170.00 + $93.00 each<br />

cartage of potable water<br />

additional vehicle additional vehicle 3.0% + 3.3%<br />

Environmental Protection Notices - investigation, issuing and management<br />

charges<br />

$75.00 per hour / part<br />

thereof<br />

All fees and charges inclusive of GST where applicable<br />

4.0%<br />

3.6%<br />

$78.00 per hour / part<br />

thereof 4.0%<br />

Page 8


ITEM<br />

Food Premises Fees<br />

Food Premises Registration Licence<br />

2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Payment received by 31 Payment received by 31<br />

Risk Assessment - Numbers of Food Handlers 1 - 5<br />

May<br />

May<br />

Category A (Commercial) - 6 inspections $552.00 $571.20 3.5%<br />

Category B (Commercial) - 3 inspections $276.00 $285.60 3.5%<br />

Category C (Commercial) - 2 inspections $184.00 $190.40 3.5%<br />

Category CV (Voluntary Organisation) - 1 inspection $92.00 $95.20 3.5%<br />

Category D (Commercial) - 1 inspection $92.00 $95.20 3.5%<br />

Category DV (Voluntary Organisation) $28.00 $28.80 2.9%<br />

Category DN (notification) $28.00 $28.80 2.9%<br />

Category X (Non Profit Organisation) Exempt from Fees Exempt from Fees<br />

Payment received after 31 Payment received after 31<br />

Risk Assessment - Numbers of Food Handlers 1 - 5<br />

May<br />

May<br />

Category A (Commercial) - 6 inspections $690.00 $714.00 3.5%<br />

Category B (Commercial) - 3 inspections $345.00 $357.00 3.5%<br />

Category C (Commercial) - 2 inspections $230.00 $238.00 3.5%<br />

Category CV (Voluntary Organisation) - 1 inspection $115.00 $119.00 3.5%<br />

Category D (Commercial) - 1 inspection $115.00 $119.00 3.5%<br />

Category DV (Voluntary Organisation) $35.00 $36.00 2.9%<br />

Category DN (notification) $35.00 $36.00 2.9%<br />

Category X (Non Profit Organisation) Exempt from Fees Exempt from Fees<br />

Payment received by 31 Payment received by 31<br />

Risk Assessment - Numbers of Food Handlers 6 - 10<br />

May<br />

May<br />

Category A (Commercial) - 6 inspections $828.00 $856.80 3.5%<br />

Category B (Commercial) - 3 inspections $414.00 $428.40 3.5%<br />

Category C (Commercial) - 2 inspections $276.00 $285.60 3.5%<br />

Category CV (Voluntary Organisation) - 1 inspection $92.00 $95.20 3.5%<br />

Category D (Commercial) - 1 inspection $92.00 $95.20 3.5%<br />

Category DV (Voluntary Organisation) $28.00 $28.80 2.9%<br />

Category DN (notification) $28.00 $28.80 2.9%<br />

Category X (Non Profit Organisation) Exempt from Fees Exempt from Fees Page 9<br />

All fees and charges inclusive of GST where applicable


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Payment received after 31 Payment received after 31<br />

Risk Assessment - Numbers of Food Handlers 6 - 10<br />

May<br />

May<br />

Category A (Commercial) - 6 inspections $1,035.00 $1,071.00 3.5%<br />

Category B (Commercial) - 3 inspections $517.00 $535.50 3.6%<br />

Category C (Commercial) - 2 inspections $345.00 $357.00 3.5%<br />

Category CV (Voluntary Organisation) - 1 inspection $115.00 $119.00 3.5%<br />

Category D (Commercial) - 1 inspection $115.00 $119.00 3.5%<br />

Category DV (Voluntary Organisation) $35.00 $36.00 2.9%<br />

Category DN (notification) $35.00 $36.00 2.9%<br />

Category X (Non Profit Organisation) Exempt from Fees Exempt from Fees<br />

Payment received by 31 Payment received by 31<br />

Risk Assessment - Numbers of Food Handlers 11+<br />

May<br />

May<br />

Category A (Commercial) - 6 inspections $1,104.00 $1,142.40 3.5%<br />

Category B (Commercial) - 3 inspections $552.00 $571.20 3.5%<br />

Category C (Commercial) - 2 inspections $368.00 $380.80 3.5%<br />

Category CV (Voluntary Organisation) - 1 inspection $92.00 $95.00 3.3%<br />

Category D (Commercial) - 1 inspection $92.00 $95.00 3.3%<br />

Category DV (Voluntary Organisation) $28.00 $28.80 2.9%<br />

Category DN (notification) $28.00 $28.80 2.9%<br />

Category X (Non Profit Organisation) Exempt from Fees Exempt from Fees<br />

Payment received after 31 Payment received after 31<br />

Risk Assessment - Numbers of Food Handlers 11+<br />

May<br />

May<br />

Category A (Commercial) - 6 inspections $1,380.00 $1,428.00 3.5%<br />

Category B (Commercial) - 3 inspections $690.00 $714.00 3.5%<br />

Category C (Commercial) - 2 inspections $460.00 $476.00 3.5%<br />

Category CV (Voluntary Organisation) - 1 inspection $115.00 $119.00 3.5%<br />

Category D (Commercial) - 1 inspection $115.00 $119.00 3.5%<br />

Category DV (Voluntary Organisation) $35.00 $36.00 2.9%<br />

Category DN (notification) $35.00 $36.00 2.9%<br />

Category X (Non Profit Organisation) Exempt from Fees Exempt from Fees<br />

Page 10<br />

All fees and charges inclusive of GST where applicable


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Inspection & Certification of Food Transport Vehicles<br />

$75.00 + travel if required at<br />

$75.00 per hour / part<br />

thereof<br />

$78.00 + travel if required at<br />

$78.00 per hour / part<br />

thereof 4.0%<br />

Food Premises - Pre-purchase Inspection per hour or part thereof $75.00 $78.00 4.0%<br />

Improvement Notices or Prohibition Orders - investigation, issuing & mgt<br />

charges per hour $75.00 $78.00 4.0%<br />

Application for report of likely compliance - new food premises (form 49)<br />

EHO Occupancy Report (Form 50)<br />

$112.00 per application +<br />

$75.00 per hour / part<br />

thereof for assessment fees<br />

$112.00 per application +<br />

$75.00 per hour / part<br />

thereof for assessment fees<br />

$115.00 per application +<br />

$78.00 per hour / part<br />

thereof for assessment fees<br />

$115.00 per application +<br />

$78.00 per hour / part<br />

thereof for assessment fees<br />

Temporary Food Premises Fees<br />

Food Stalls/Vans: Raising money for charity Exempt from fees Exempt from fees<br />

$25 for 1st day + $10 for $26 for 1st day + $10 for<br />

each additional day to a each additional day to a<br />

maximum of 6 days (dates maximum of 6 days (dates<br />

Food Stalls/Vans: Commercial or for profit activity<br />

must be nominated) must be nominated) 4.0%<br />

On-site Wastewater Disposal Systems<br />

Application - special plumbing permit (septic tank application) $186.00 $192.00 3.2%<br />

$435 + $75 per hour / part $450 + $78 per hour / part<br />

Application for special plumbing permit (septic tank application) - Commercial thereof<br />

thereof 3.5% + 4.0%<br />

Amended Applications $184.00 $190.00 3.3%<br />

Subsequent Inspection per hour or part thereof $75.00 $78.00 4.0%<br />

Variation to Existing Permit $92.00 $95.00 3.3%<br />

Extension to Permit $45.00 $46.00 2.2%<br />

Hard Copy - Paper Print of Permit and Plans - Up to (A3) in size $2.50 per page NEW<br />

Hard Copy - Paper Print of Permit and Plans - Over (A3) in size $10.00 per page NEW<br />

All fees and charges inclusive of GST where applicable<br />

2.7%<br />

4.0%<br />

2.7%<br />

4.0%<br />

Page 11


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Immunisation fees<br />

(Items do not attract GST)<br />

Hepatitis B Vaccination - Energix B (Adult) $30.00 $30.00 0.0%<br />

Hepatitis B Vaccination - Energix B (Junior) $20.00 $20.00 0.0%<br />

Hepatitis A Vaccination - Havrix (Adult) $70.00 $75.00 7.1%<br />

Hepatitis A Vaccination - Havrix (Junior) $55.00 $55.00 0.0%<br />

Hepatitis A and B - Twinrix (Adult) $80.00 $80.00 0.0%<br />

Hepatitis A and B - Twinrix (Junior) $60.00 $60.00 0.0%<br />

Chickenpox - Varilrix $65.00 $65.00 0.0%<br />

Flu Vaccine - Vaxigrip $20.00 $20.00 0.0%<br />

BOOSTRIX (DTP) $45.00 $45.00 0.0%<br />

Sharps containers<br />

Medical Patients No cost No cost<br />

1.4 litre container $7.00 $7.20 2.9%<br />

3 litre container $11.00 $11.35 3.2%<br />

6 litre container $15.00 $15.50 3.3%<br />

Sharps Collection Fee - Commercial Only<br />

$1.50 per litre (or part<br />

thereof) if waste taken to<br />

<strong>Council</strong>; $1.50 per litre plus<br />

$75.00 collection fee for<br />

<strong>Council</strong> to collect<br />

$1.55 per litre (or part<br />

thereof) if waste taken to<br />

<strong>Council</strong>; $1.55 per litre plus<br />

$78.00 collection fee for<br />

<strong>Council</strong> to collect<br />

Miscellaneous<br />

Food Probe Thermometers $25.00 NEW<br />

Food Training Packages $20.00 NEW<br />

Alcohol Swabs $8.00 NEW<br />

All fees and charges inclusive of GST where applicable<br />

3.3% + 4.0%<br />

Page 12


ITEM<br />

Testing and sampling fees<br />

2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Testing of Natural, Environmental and Effluent per sample $50.00 $52.00 4.0%<br />

Sampling Fees: Bacteriological per sample $50.00 $52.00 4.0%<br />

$37 per sample + $75 per $38 per sample + $78 per<br />

Sampling Fees: Private Water Supplies<br />

hour / part thereof hour / part thereof 2.7% + 4.0%<br />

Testing & inspection for water quality in Public Pools, payable by Public Pool<br />

Operator<br />

$82 per sample + $75 per<br />

hour / part thereof<br />

All fees and charges inclusive of GST where applicable<br />

$85 per sample + $78 per<br />

hour / part thereof 3.6% + 4.0%<br />

Page 13


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

ABATEMENT FEES<br />

Abatement Action $200.00 $250.00 25%<br />

Impounding fee for illegal agistment on <strong>Council</strong> Land $165 per day $165 per day 0%<br />

Request for Withdrawal of Summons $40.00 $40.00 0%<br />

MPEA Referral Fee $40.00 $40.00 0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 14


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

ANIMAL CONTROL<br />

DOG FEES<br />

Dog Complaint Fee $65.00 $65.00 0.0%<br />

Early Discount Rate - payment by 31st July <strong>2012</strong><br />

Entire Dog $82.50 $85.00 3.0%<br />

De-sexed Dog $21.30 $22.00 3.3%<br />

Pure Bred $30.00 $31.00 3.3%<br />

Greyhound $30.00 $31.00 3.3%<br />

Pension Discount 20% off applicable fee 20% off applicable fee 0.0%<br />

Pensioner rate for dogs registered prior to 1/7/03 $16.00 $16.60 3.8%<br />

Working Dog $30.00 $31.00 3.3%<br />

Dangerous Dog $437.50 $450.00 2.9%<br />

Guard Dog $175.00 $180.00 2.9%<br />

Guide Dog/Hearing Dog No Charge No Charge 0.0%<br />

Full Fee - payment After 31st July <strong>2012</strong><br />

Entire Dog $87.50 $90.00 2.9%<br />

De-sexed Dog $26.30 $27.00 2.7%<br />

Pure Bred $35.00 $36.00 2.9%<br />

Greyhound $35.00 $36.00 2.9%<br />

Pension Discount 20% off applicable fee 20% off applicable fee 0.0%<br />

Pensioner rate for dogs registered prior to 1/7/03 $21.00 $21.60 2.9%<br />

Working Dog $35.00 $36.00 2.9%<br />

Dangerous Dog $437.50 $450.00 2.9%<br />

Guard Dog $175.00 $180.00 2.9%<br />

Guide Dog/Hearing Dog No Charge No Charge 0.0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 15


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Dog turned 6 months since 1/1/13 - 50% discount of full rate (does not apply to dangerous and guard dogs)<br />

Entire Dog $43.80 $45.00 2.7%<br />

De-sexed $13.20 $13.50 2.3%<br />

Pure Bred $17.50 $18.00 2.9%<br />

Greyhound $17.50 $18.00 2.9%<br />

Pension Discount 20% off applicable fee 20% off applicable fee 0.0%<br />

Working Dog $17.50 $18.00 2.9%<br />

Dangerous Dog $450.00<br />

Guard Dog $87.50 $180.00 105.7%<br />

Guide/Hearing Dog No Charge No Charge 0.0%<br />

Registration after 31st December due to detection by Ranger that dog is<br />

unregistered or collection from dogs' home - Full fee to apply<br />

Registration Fees - after 31st December<br />

Entire Dog $87.50 $90.00 2.9%<br />

De-sexed $26.30 $27.00 2.7%<br />

Pure Bred $35.00 $36.00 2.9%<br />

Greyhound $35.00 $36.00 2.9%<br />

Pension Discount 20% off applicable fee 20% off applicable fee 0.0%<br />

Pension discount (dogs registered after 1/7/03) $21.00 $21.60 2.9%<br />

Working Dog $35.00 $36.00 2.9%<br />

Dangerous Dog $437.50 $450.00 2.9%<br />

Guard Dog $175.00 $180.00 2.9%<br />

Guide/Hearing Dog No Charge No Charge 0.0%<br />

Refunds and Reimbursements<br />

Death of Dog<br />

On receipt of Certificate of Euthanasia from recognised veterinary clinic or<br />

statutory declaration. Refunds are only to apply if application is made in the<br />

same financial year as registration has been paid<br />

All fees and charges inclusive of GST where applicable<br />

Page 16


ITEM<br />

Refund Amount for Deceased Dogs<br />

2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

75% refund of registration 75% refund of registration<br />

Dog Deceased within 3 months of registration<br />

fee paid<br />

fee paid 0.0%<br />

50% refund of registration 50% refund of registration<br />

Dog Deceased after 3 months and within 6 months of date of registration fee paid<br />

fee paid 0.0%<br />

25% refund of registration 25% refund of registration<br />

Dog Deceased after 6 months and within 9 months of date of registration fee paid<br />

fee paid 0.0%<br />

Dog deceased after 9 months of registration<br />

De-sexed Dogs<br />

Applies to dogs registered at the normal registration rate and subsequently<br />

spayed. Paid only on receipt of certificate of neutering from a recognised<br />

veterinary clinic. Discount applies to difference between entire fee paid and desexed<br />

fee<br />

Refund Amount for Entire Dog being de-sexed<br />

No refund No refund 0.0%<br />

Animal de-sexed within 3 months of registration 75% refund of difference 75% refund of difference 0.0%<br />

Animal de-sexed after 3 months & within 6 months of registration 50% refund of difference 50% refund of difference 0.0%<br />

Animal de-sexed after 6 months & within 9 months of registration 25% refund of difference 25% refund of difference 0.0%<br />

Animal de-sexed after 9 months of registration No refund No refund 0.0%<br />

Attendance at Obedience Course<br />

Evidence to be provided that dog has satisfactorily completed obedience course<br />

run by an accredited officer (for the present the Tasmanian Canine Defence<br />

Association). Only one discount per dog per financial year. Discount applies<br />

for one year only<br />

Grade 1- Beginner Puppy Stage - 8 week course 30% 30% 0.0%<br />

Grade 2 - All on-lead training - 12 week course 40% 40% 0.0%<br />

Grade 3 - Some off-lead training - 12 week course 70% 70% 0.0%<br />

Grade 4 - Mostly off-lead training - 12 week course 80% 80% 0.0%<br />

Trained Dog 50% for the life of dog 50% for the life of dog 0.0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 17


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Dog Adopted from Dogs' Home or RSPCA<br />

To apply until new registration year only No Charge No Charge 0.0%<br />

OTHER DOG FEES<br />

Citronella Spray $20.00 $20.00 0.0%<br />

$15.00 per week + $50.00 $15.00 per week + $50.00<br />

Anti Barking Collars<br />

deposit (refundable) deposit (refundable) 0.0%<br />

Battery for collar $10.00 $10.00 0.0%<br />

Replacement of Lost Tag $5.00 $5.00 0.0%<br />

Sml / Med $50.00; Lge Sml / Med $50.00; Lge<br />

Dangerous dog collar<br />

/ExLge $60.00<br />

/ExLge $60.00 0.0%<br />

Dangerous dog sign $70.00 $70.00 0.0%<br />

Release Fee from Dogs Home $30.00 $60.00 100.0%<br />

KENNEL LICENCE (Prescribed)<br />

Application Fee $87.00 $90.00 3.4%<br />

Renewal $87.00 $90.00 3.4%<br />

Early Payment Fee $62.00 $65.00 4.8%<br />

Advertising Fee $135.00 $135.00 0.0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 18


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

BUSINESS PERMIT - EVENTS<br />

Commercial Conventions, Functions, Events : (Non <strong>Council</strong> Sponsored)<br />

- Richmond Park (Village Green) - per day $565.00 $583.00 3.2%<br />

- Boardwalk (Bellerive) - per day $565.00 $583.00 3.2%<br />

- Boardwalk Stage (no side curtains) - per day or part thereof $112.00 $116.00 3.6%<br />

- Boardwalk Stage (with side curtains) - per day or part thereof $414.00 $427.00 3.1%<br />

- Other locations - per day or part thereof $335.00 $346.00 3.3%<br />

Private Conventions, Functions, Events : (Non <strong>Council</strong> Sponsored)<br />

- Richmond Park (Village Green) - per day $400.00 $413.00 3.3%<br />

- Boardwalk (Bellerive) - per day $400.00 $413.00 3.3%<br />

- Boardwalk Stage (no side curtains) - per day or part thereof $90.00 $93.00 3.3%<br />

- Boardwalk Stage (with side curtains) - per day or part thereof $370.00 $382.00 3.2%<br />

- Other locations - per day or part thereof $280.00 $289.00 3.2%<br />

Charitable Conventions, Functions, Events : (Non <strong>Council</strong> Sponsored)<br />

- Richmond Park (Village Green) - per day or part thereof $90.00 $93.00 3.3%<br />

- Boardwalk (Bellerive) - per day or part thereof $90.00 $93.00 3.3%<br />

- Boardwalk Stage (no side curtains) - per day or part thereof $67.50 $70.00 3.7%<br />

- Boardwalk Stage (with side curtains) - per day or part thereof $345.00 $356.00 3.2%<br />

- Other locations - per ceremony $90.00 $93.00 3.3%<br />

Civic Ceremonies Only NB: No receptions to be held on reserves including beaches under <strong>Council</strong> control<br />

- Richmond Park (Village Green) - per ceremony $57.00 $59.00 3.5%<br />

- Richmond River Bank Platform - per ceremony $45.00 $46.00 2.2%<br />

- Boardwalk Stage (no side curtains) - per ceremony $90.00 $93.00 3.3%<br />

- Boardwalk Stage (with side curtains) - per day or part thereof $370.00 $382.00 3.2%<br />

- Other locations - per ceremony $57.00 $59.00 3.5%<br />

All fees and charges inclusive of GST where applicable<br />

Page 19


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Car Club Displays : (Non <strong>Council</strong> Sponsored / Non commercial organisation)<br />

- Richmond Park - per day or part thereof $138.00 $142.00 2.9%<br />

- Boardwalk - per day or part thereof $112.00 $115.00 2.7%<br />

- Other locations (Excluding Ovals) - per day or part thereof $112.00 $115.00 2.7%<br />

Temporary Stalls for <strong>Council</strong> Events*<br />

All locations charitable stall Nil<br />

All locations - Non Charitable Stall - 1 day $175.00 $180.00 2.9%<br />

All locations - Non Charitable Stall - 2 days $250.00 $258.00 3.2%<br />

All locations - Non Charitable Stall - 3 days $290.00 $300.00 3.4%<br />

* Includes Temporary food licence<br />

All fees and charges inclusive of GST where applicable<br />

Page 20


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

FAMILY DAY CARE<br />

Carer levy per week $15.00 $20.00 33.3%<br />

Administration levy<br />

1 child per week $5.00 $5.20 4.0%<br />

family (2 or more children) per week $10.00 $10.40 4.0%<br />

Play session levy per session $7.50 $8.00 6.7%<br />

Carer Registration $200.00 $200.00 0.0%<br />

ROSNY CHILD CARE CENTRE<br />

5 Days/week plus $310.30 for full week<br />

$327.35 for full week<br />

($65.47 p/day) 5.5%<br />

Daily $72.00 $76.00 5.6%<br />

Morning Session $44.40 $46.85 5.5%<br />

Afternoon Session $39.00 $41.15 5.5%<br />

A late fee is charged for children collected after 5.45 pm $20.00 $20.00 0.0%<br />

OUTSIDE SCHOOL HOURS/HOLIDAY CARE<br />

After School Care (Permanent and Casual Bookings<br />

Per Child Per Hour $7.80 $8.20 5.1%<br />

Per Child Every 1/2 hour after the first hour $4.20 $4.40 4.8%<br />

Cancellation Fee (per Child) $8.40 $8.80 4.8%<br />

Non Cancellation Fee (per Child) $10.00 $10.50 5.0%<br />

Late Collection Fee (per Child every 15mins after 6pm) $21.00 $25.00 19.0%<br />

Late Payment Fee $21.00 $22.00 4.8%<br />

Before School Care (Permanent and Casual Bookings)<br />

Per Child per session $7.80 $8.20 5.1%<br />

Cancellation Fee (per Child) $8.40 $8.80 4.8%<br />

Non Cancellation Fee (per Child) $10.00 $10.50 5.0%<br />

Late Payment Fee $21.00 $22.00 4.8%<br />

Page 21<br />

All fees and charges inclusive of GST where applicable


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Holiday Care<br />

Per Child per Day $42.00 $45.00 7.1%<br />

Cancellation Fee without parent signature (per Child per Day) $26.00 $26.00 0.0%<br />

Late Collection Fee (per Child every 15 mins) $21.00 $25.00 19.0%<br />

Late Payment Fee $22.00 NEW<br />

Holiday Care Excursions $10.00 NEW<br />

Holiday Care Incursions (guests to program) $5.00 NEW<br />

All fees and charges inclusive of GST where applicable<br />

Page 22


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

CLARENCE COMMUNITY VOLUNTEER SERVICE<br />

Transport - CBD $5.00 $5.00 0%<br />

Transport - Rural $10.00 $10.00 0%<br />

Gardening $5.00 $5.00 0%<br />

Assisted/List Shopping $5.00 $5.00 0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 23


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

BELLERIVE COMMUNITY ARTS CENTRE $7.70 per hour; Bond $50 $7.70 per hour; Bond $50 0.0%<br />

ROSNY FARM (Gardens Only)<br />

Special tour parties $65.00 $65.00 0.0%<br />

Private functions incl. wedding ceremonies per hour $125.00 $140.00 12.0%<br />

Photography Session per hour $70.00 $80.00 14.3%<br />

Security callout fee for after hours functions per hour $60.00 $70.00 16.7%<br />

THE BARN<br />

Exhibitions/Displays<br />

Not-for-profit groups, Educational Organisations - per day $158.00 $158.00 0.0%<br />

- per week $790.00 $805.00 1.9%<br />

Students groups - per day $85.00 $87.00 2.4%<br />

- per week (7 days) $420.00 $430.00 2.4%<br />

Commercial exhibitions, Corporate, Government - per day $190.00 $195.00 2.6%<br />

- per week (7 days) $950.00 $980.00 3.2%<br />

Full day hire fee includes<br />

2hrs staff time to assist with<br />

lighting & display panels &<br />

provide instruction on<br />

equipment. Half day hire =<br />

1hr staff time. Additional<br />

staff hrs charged at $75.00<br />

per hr. Additional Tech hrs<br />

charged at $75.00 per hr<br />

All fees and charges inclusive of GST where applicable<br />

Full day hire fee includes<br />

2hrs staff time to assist with<br />

lighting & display panels &<br />

provide instruction on<br />

equipment. Half day hire =<br />

1hr staff time. Additional<br />

staff hrs charged at $78.00<br />

per hr. Additional Tech hrs<br />

charged at $78.00 per hr 4.0%<br />

Page 24


ITEM<br />

Performance/Recitals/Concerts<br />

Not-for-profit groups, Educational Organisations<br />

2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Setup/rehearsal Days per day $65.00 $68.00 4.6%<br />

Performance Days - per full day $190.00 $195.00 2.6%<br />

- up to 4 hours $95.00 $100.00 5.3%<br />

- per hour $26.00 $26.00 0.0%<br />

Commercial exhibitions, Corporate, Government<br />

- per week (7 days) $685.00 $706.00 3.1%<br />

Setup/rehearsal Days per day $175.00 $180.00 2.9%<br />

Performance Days - per full day $270.00 $280.00 3.7%<br />

- per week $1,030.00 $1,060.00 2.9%<br />

Full day hire fee includes<br />

2hrs staff time to assist with<br />

lighting & display panels &<br />

provide instruction on<br />

equipment. Half day hire =<br />

1hr staff time. Additional<br />

staff hrs charged at $75.00<br />

per hr. Additional Tech hrs<br />

charged at $75.00 per hr<br />

Full day hire fee includes<br />

2hrs staff time to assist with<br />

lighting & display panels &<br />

provide instruction on<br />

equipment. Half day hire =<br />

1hr staff time. Additional<br />

staff hrs charged at $78.00<br />

per hr. Additional Tech hrs<br />

charged at $78.00 per hr 4.0%<br />

Charge for heating on Performance Days - per day $50.00 $60.00 20.0%<br />

- per half day $25.00 $30.00 20.0%<br />

Bond for Barn Hire $220.00 $220.00 0.0%<br />

CAMBRIDGE HALL<br />

Hall Hire - per hour $10.00 $10.30 3.0%<br />

Functions (Weddings Parties etc) - per function $157.00 $162.00 3.2%<br />

Bond (No alcohol) $185.00 $190.90 3.2%<br />

Bond (Alcohol) $317.00 $327.00 3.2%<br />

All fees and charges inclusive of GST where applicable<br />

Page 25


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Cambridge Oval Club Rooms<br />

Club Rooms Hire (Sporting Events in conjunction with oval<br />

hire) - per hour $10.00 $10.30 3.0%<br />

Functions (Non Sporting Events) - per function $157.00 $162.00 3.2%<br />

Bond (no alcohol) $185.00 $190.90 3.2%<br />

Bond (alcohol) $317.00 $327.00 3.2%<br />

GEILSTON BAY COMMUNITY CENTRE<br />

Hire Charge $12.00 $12.00 0.0%<br />

Bond $55.00 $55.00 0.0%<br />

HOWRAH RECREATION CENTRE<br />

Baudinet Lounge - Function Rates<br />

Excluding Bar - per hour $35.00 $37.10 6.0%<br />

Including Bar - per function $138.00 $147.60 7.0%<br />

Additional Charge After Midnight<br />

Baudinet Lounge - Conference Rates<br />

- per hour $35.00 $37.10 6.0%<br />

Includes the use of the in-house audio visual system, which comprises of a data<br />

- 1/2 day rate $180.00 $191.30 6.3%<br />

- full day rate<br />

Kitchen<br />

$225.00 $240.20 6.8%<br />

Includes use of kitchen including crockery, cutlery, urns, microwave, pie warmer $70.00 +<br />

$72.20 +<br />

and commercial gas oven (breakages will be paid for)<br />

$50 cleaning bond $50 cleaning bond 3.1%<br />

BBQ Hire<br />

Sunshine, Skyline Rooms and Guide Hall<br />

$27.50 $28.40 3.3%<br />

Room Hire - Day (9am-6pm) - per hour $18.00 $19.10 6.1%<br />

Room Hire - Evening (after 6pm) - per hour $24.50 $26.00 6.1%<br />

A mobile television/VCR combination is available for hire<br />

$11.60 $11.90 2.6%<br />

Special Functions/regular bookings Negotiable Negotiable 0.0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 26


ITEM<br />

CLARENCE SENIOR CITIZEN CENTRE<br />

Centre - Function Rates<br />

2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Function Rate (Wedding Receptions, Private Functions etc)<br />

$150.00 $150.00 0.0%<br />

Centre - Conference Rates - half day rate $169.40 $169.40 0.0%<br />

Kitchen<br />

- full day rate $214.50 $214.50 0.0%<br />

Includes use of kitchen including crockery, cutlery, urns, microwave, pie warmer<br />

Function Rate<br />

Combined Kitchen / Hall Hire<br />

$50.00 $50.00 0.0%<br />

Function Rate<br />

Alma's Bar & Lounge<br />

$200.00 $200.00 0.0%<br />

Available for small functions<br />

Casual Hire Rate<br />

Negotiable Negotiable 0.0%<br />

Daily Hire 9:00am - 6:00pm - per hour $18.00 $18.00 0.0%<br />

Night Hire (After 6:00pm)<br />

Bonds<br />

- per hour $25.00 $25.00 0.0%<br />

Bond (no alcohol) $200.00 $200.00 0.0%<br />

Bond (alcohol)<br />

Other<br />

$300.00 $300.00 0.0%<br />

Public Liability Insurance Levy - per hour $3.00 $3.00 0.0%<br />

LAUDERDALE HALL<br />

Hall Hire per hour $10.00 $10.30 3.0%<br />

Functions (Weddings Parties etc) - per function $157.00 $162.00 3.2%<br />

Bond (No alcohol) $185.00 $190.90 3.2%<br />

Bond (Alcohol) $317.00 $327.00 3.2%<br />

LINDISFARNE ACTIVITIES CENTRE<br />

Centre Hire per hour<br />

Alcohol - selling of prohibited, can only be consumed with meal<br />

$11.00 $11.00 0.0%<br />

Special Occasions - Local (e.g. 100 years function) Negotiable Negotiable 0.0%<br />

Page 27<br />

All fees and charges inclusive of GST where applicable


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

RICHMOND COUNCIL CHAMBERS<br />

Richmond <strong>Council</strong> Chambers - per hour $10.00 $10.30 3.0%<br />

Formal Functions - per half day $195.00 $201.20 3.2%<br />

Wedding Ceremony Only - per ceremony $157.00 $162.00 3.2%<br />

Bond (No alcohol) $185.00 $190.90 3.2%<br />

RICHMOND HALL<br />

Hall Hire per hour $10.00 $10.30 3.0%<br />

Functions (Weddings, Parties etc) - per ceremony $156.00 $161.00 3.2%<br />

Hire of Supper Room & Kitchen only<br />

Locals & Charities per function $27.50 $30.25 10.0%<br />

Others per function $56.00 $57.80 3.2%<br />

Bond (No alcohol) $185.00 $190.90 3.2%<br />

Bond (Alcohol) $317.00 $327.00 3.2%<br />

RISDON VALE HALL<br />

Charity functions Negotiable Negotiable 0.0%<br />

Hall Hire - per hour $9.00 $9.00 0.0%<br />

Kitchen and Supper Room - per hour $5.50 $5.50 0.0%<br />

Functions $88.00 $88.00 0.0%<br />

Bond $100.00 $100.00 0.0%<br />

Bond (Alcohol) $275.00 $275.00 0.0%<br />

Bowls (Foyer) - per session $7.00 $7.00 0.0%<br />

Foyer Area $3.50 $3.50 0.0%<br />

Tennis Court Clubroom - per week $13.00 $13.00 0.0%<br />

Tennis Court (per court) - per hour $2.00 $2.00 0.0%<br />

Risdon Vale Bargain Centre - per week $12.00 $12.00 0.0%<br />

Basement Room includes public liability levy - per week $13.00 $13.00 0.0%<br />

Pigeon Club includes public liability levy - per week $13.00 $13.00 0.0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 28


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

ROKEBY COMMUNITY CENTRE<br />

Activities Room - per hour - per hour $10.00 $10.30 3.0%<br />

Gym Day/Night - per hour - per hour $10.00 $10.30 3.0%<br />

Kitchen - first hour $13.50 $13.90 3.0%<br />

- per hr thereafter $6.90 $7.10 2.9%<br />

Receptions (+ bond as below) - per function $135.00 $140.00 3.7%<br />

Teenage admission (all activities) - per head $0.55 $0.55 0.0%<br />

Bond (No alcohol) $185.00 $190.00 2.7%<br />

Bond (Alcohol) $317.00 $327.00 3.2%<br />

ROKEBY TRUST HALL HIRE<br />

Hall Hire - per hour $10.00 $10.30 3.0%<br />

Bond (No alcohol) $185.00 $190.00 2.7%<br />

Bond (Alcohol) $317.00 $327.00 3.2%<br />

Wedding Receptions/Formal Functions - per function $157.00 $162.00 3.2%<br />

SANDFORD HALL<br />

Hall Hire - per hour $10.00 $10.30 3.0%<br />

Functions (Weddings Parties etc) - per function $157.00 $162.00 3.2%<br />

Bond (No alcohol) $185.00 $191.00 3.2%<br />

Bond (Alcohol) $317.00 $327.10 3.2%<br />

Tennis Court - per hour $6.20 $6.40 3.2%<br />

SEVEN MILE BEACH COMMUNITY CENTRE (Lewis Park)<br />

Hire of Centre - per hour $7.90 $8.10 2.5%<br />

Bond (No alcohol)<br />

- Alcohol is not allowed to be consumed<br />

$185.00 $191.00 3.2%<br />

All fees and charges inclusive of GST where applicable<br />

Page 29


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

SOUTH ARM CALVERTON HALL<br />

Locals $85.00 $85.00 0.0%<br />

Others $105.00 $105.00 0.0%<br />

Cleaning Bond $55.00 $55.00 0.0%<br />

Tennis Courts - per hour $7.40 $7.40 0.0%<br />

Sports Ground - Locals $25.00 $25.00 0.0%<br />

Sports Ground - Others $45.00 $45.00 0.0%<br />

Bond (No alcohol) $180.00 $180.00 0.0%<br />

Bond (Alcohol) $310.00 $310.00 0.0%<br />

TRANMERE HALL - Hire Charges (NO ALCOHOL)<br />

Hall Hire - per hour $10.00 $10.30 3.0%<br />

Bond (No alcohol) $185.00 $191.00 3.2%<br />

MISCELLANEOUS HALL FEES<br />

Key/Tag Deposit (Forfeit - if not returned by 12 noon following working day)<br />

Insurance levy for public liability insurance for informal user<br />

$35.00 $36.10 3.1%<br />

groups - per hour $3.00 $3.10 3.3%<br />

Kiosk Hire (Environmental Health approved kiosk only)<br />

Hire of Furniture (additional costs for any damage)<br />

- per hour $8.40 $8.70 3.6%<br />

- Tables - per table $2.60 $2.70 3.8%<br />

- Chairs - per chair $0.70 $0.70 0.0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 30


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

SPORTS GROUND USE PERMITS<br />

SOCCER<br />

Soccer Small Sided Ground hire No Fixed Goals (Effective 1 Oct for 12<br />

month period) - per hour $3.70 $3.80 2.7%<br />

Soccer Small Sided Ground hire Fixed Goals (Effective 1 Oct for 12<br />

month period) - per hour $7.40 $7.60 2.7%<br />

Youth (Up to U18) Games / Training (Effective 1 Oct for 12 month<br />

period) - per hour $15.50 $16.00 3.2%<br />

Senior Games / Training (Effective 1 Oct for 12 month period) - per hour $31.00 $32.00 3.2%<br />

AFL<br />

Junior Games / Training (Effective 1 Oct for 12 month period) - per hour $15.50 $16.00 3.2%<br />

Senior Games / Training (Effective 1 Oct for 12 month period) - per hour $31.00 $32.00 3.2%<br />

TOUCH FOOTBALL<br />

Junior (Effective 1 Oct for 12 month period) - per hour $15.50 $16.00 3.2%<br />

Senior (Effective 1 Oct for 12 month period) - per hour $31.00 $32.00 3.2%<br />

Cambridge New Ground - 1010 Cambridge Rd<br />

Cambridge New Ground (Junior / Youth) Training (Effective 1 Oct for<br />

12 month period) - per hour $20.80 $21.50 3.4%<br />

Cambridge New Ground (Junior / Youth) Games (Effective 1 Oct for 12<br />

month period) - per hour $20.80 $21.50 3.4%<br />

CRICKET / HOCKEY<br />

Junior including practise wickets where applicable - per hour $15.50 $16.00 3.2%<br />

Senior including practise wickets where applicable - per hour $31.00 $32.00 3.2%<br />

All fees and charges inclusive of GST where applicable<br />

Page 31


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Lindisfarne Oval<br />

Turf Wickets No1 Ground - (No junior rates) - per hour $40.00 $41.30 3.2%<br />

Turf Wicket - Special Event Match / Training National / International $705.00 $727.50 3.2%<br />

Turf Practice Wicket - Special Event Match / Training National /<br />

International $70.00 $72.20 3.1%<br />

Turf Practice Wickets (Lindisfarne) - Training (No junior rates) - per hour $14.00 $14.40 2.9%<br />

Seasonal Turf Practice Wickets (Lindisfarne) - per hour $10.00 $10.30 3.0%<br />

Synthetic Practice Wickets (Lindisfarne) - per hour $7.00 $7.20 2.9%<br />

SANDFORD<br />

Oval (no irrigation) - per hour $7.60 $7.80 2.6%<br />

Junior (Fee to only apply if oval redeveloped) - per hour $15.50 $16.00 3.2%<br />

Senior (Fee to only apply if oval redeveloped) - per hour $31.00 $32.00 3.2%<br />

Casual (Fee to only apply if oval redeveloped) - per hour $31.00 $32.00 3.2%<br />

- access to toilets - Bond $57.00 $58.80 3.2%<br />

- access to toilets, supper room & kitchen (dependent on duration) (NO<br />

ALCOHOL) - Bond $180.00 $185.70 3.2%<br />

- access to toilets, supper room & kitchen (dependent on duration)<br />

(ALCOHOL) - Bond $310.00 $320.00 3.2%<br />

All fees and charges inclusive of GST where applicable<br />

Page 32


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

MISCELLANEOUS<br />

Casual Ground Hire - per hour $30.00 $30.96 3.2%<br />

Use of Ovals associated with adjacent Education Department/ School<br />

Facilities - Cambridge, Risdon Vale, Rosny College (Licence<br />

CPI Adjusted annually per CPI Adjusted annually<br />

Agreement)<br />

agreement<br />

per agreement<br />

Use of Ovals by High Schools/Colleges where no licence agreement<br />

Senior Ground Hire<br />

exists<br />

Wentworth Park - Salacia Ave Training Ground (Up to U18) (Effective<br />

Senior Ground Hire Rate Rate<br />

1Oct for 12 month period)<br />

Wentworth Park - Salacia Ave Training Ground (Senior) (Effective 1<br />

- per hour $11.60 $12.00 3.4%<br />

Oct for 12 month period) - per hour $23.00 $23.70 3.0%<br />

Wentworth Park - Sports Centre hire for sporting activities only - per hour $10.00 $10.30 3.0%<br />

Storage Room - per hour $142.50 $147.00 3.2%<br />

Boot Camp and Fitness Activities on <strong>Council</strong> Reserves - per hour $10.90 $11.20 2.8%<br />

CARNIVALS<br />

School carnivals other ovals (no line marking) - per hour $15.50 $16.00 3.2%<br />

School carnivals other ovals (basic line mark perimeter line no running<br />

Fixed Fee $188.00 + Fixed Fee $194.00 +<br />

lanes & 100m grid only marked)<br />

School Athletic Carnivals Kangaroo Bay (Summer Only) (Effective 1<br />

$30 per hour<br />

$31 per hour 3.2%<br />

Oct for 12 month period)<br />

State, National & International events on sportsgrounds additional<br />

- per hour $31.00 $32.00 3.2%<br />

cleaning of change rooms / toilets At contract rate At contract rate<br />

BONDS<br />

Bond for seasonal users as per Sportsground Use Permit - per season $360.00 $371.50 3.2%<br />

Surcharge for use of sporting facility without prior booking + Hire Rate $58.00 $59.80 3.1%<br />

All fees and charges inclusive of GST where applicable<br />

Page 33


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

KEYS<br />

Key/Tag Charges Casual Use of Facilities (Forfeit non-return within<br />

7days) $35.00 $36.00 2.9%<br />

LIGHTING<br />

Lighting charges (Rate applies for all winter season bookings from<br />

5:00pm onwards effective from end of Daylight Saving period)<br />

Sportsground (additional to ground hire charge)<br />

- per hour<br />

per ground $7.10 $7.30 2.8%<br />

Sportsground - Lighting upgraded to Aus Standard (additional to ground - per hour<br />

hire charge)<br />

per ground $14.30 $14.70 2.8%<br />

All fees and charges inclusive of GST where applicable<br />

Page 34


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

MORNINGTON WASTE TRANSFER STATION CLARENCE<br />

DOMESTIC RESIDENT USERS<br />

Any Resident vehicle under 4.9 tonne GVM<br />

Minimum Gate Fee $7.00 $7.00 0%<br />

Recoverables/Recyclables/Tonne $55.00 $80.00 45%<br />

Green Organic Waste (suitable for mulching)/Tonne $55.00 $80.00 45%<br />

Contaminated Green Organic Waste/Tonne $60.00 $85.00 42%<br />

Residual Waste - General Domestic/Tonne $60.00 $85.00 42%<br />

Residual Waste - General Mixed/Tonne $60.00 $85.00 42%<br />

Fees for non residential waste set by operator<br />

REFUSE NEW BINS<br />

80 Litre MBG $64.00 $66.00 3%<br />

120 Litre MBG $69.00 $71.00 3%<br />

240 Litre MBG $76.00 $78.00 3%<br />

All fees and charges inclusive of GST where applicable<br />

Page 35


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

ROAD CLOSURE REQUESTS<br />

Temporary $370.00 $382.00 3.2%<br />

Permanent for Private Benefit $420.00 $434.00 3.3%<br />

All fees and charges inclusive of GST where applicable<br />

Page 36


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM<br />

BOARDWALK<br />

2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Boardwalk Stage Power Supply<br />

- per event, or<br />

- per day or part thereof $19.50 $20.10 3.1%<br />

Boardwalk boat moorings - short term only (max 7 days per month) - per day or part thereof $30.00 $30.90 3.0%<br />

Boardwalk Power Supply - short term only<br />

Other locations<br />

Use of Reserves for Commercial activities (e.g. Dog Obedience Class<br />

- per day or part thereof $18.00 $18.60 3.3%<br />

at South Street Reserve) - per hour $11.00 $11.40 3.6%<br />

Promotions & product launches $337.00 $347.80 3.2%<br />

Bond if alcohol consumed $317.00 $327.10 3.2%<br />

Buskers $42.00 $43.30 3.1%<br />

Note: Charges for permits only, and does not include items such as<br />

Portable Toilets, Litter Bins & Skiffs or additional items that may be<br />

required by permit applicant<br />

OTHER PUBLIC PLACE FEES<br />

Consumption of Liquor on <strong>Council</strong> Reserves (to be approved by<br />

MCS) $56.40 $58.20 3.2%<br />

Notation on Licensing Board Permit applications on <strong>Council</strong><br />

premises (to be signed by CS EOGM or MHS) $22.70 $23.40 3.1%<br />

Request for Notation on Licensing Board Permit for non <strong>Council</strong><br />

properties (to be signed by CS EOGM or MHS) $28.30 $29.20 3.2%<br />

All fees and charges inclusive of GST where applicable<br />

Page 37


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

COUNCIL PROPERTIES<br />

Lease or Licence Application Fee $50.00 $85.00 70.0%<br />

Lease Preparation Fee $100.00 $100.00 0.0%<br />

Licence Preparation Fee $50.00 $50.00 0.0%<br />

Request for Creation of Easements on <strong>Council</strong> Land $380.00 $380.00 0.0%<br />

Request for document preparation in relation to property by private individuals<br />

(e.g. part 5 Agreements) - per hour or part thereof $85.00 $85.00 0.0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 38


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM<br />

TECHNICAL INSPECTION/WORK/INFORMATION<br />

2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Work carried out at a persons request (per s205 Fee) - per hour $84.00 $87.00 3.6%<br />

Underground Service Locations<br />

Investigation and assessment of proposals to install infrastructure (not controlled by<br />

<strong>Council</strong>) on <strong>Council</strong> property &/or the road reservation (s205)<br />

$84 callout fee plus $84/hr<br />

on job charge to nearest 15<br />

minutes<br />

$84 callout fee plus $84/hr<br />

on job charge to nearest 15<br />

minutes<br />

$87 callout fee plus $87/hr<br />

on job charge to nearest 15<br />

minutes 3.6%<br />

$87 callout fee plus $87/hr<br />

on job charge to nearest 15<br />

minutes 3.6%<br />

Traffic Management Plan Assessment fee $84.00 $87.00 3.6%<br />

Road Crossing Permit $84.00 $87.00 3.6%<br />

Tree Inspections $168.00 $173.00 3.0%<br />

Traffic Information Data Extraction<br />

$84 Base fee plus $84/hr on<br />

job charge to nearest 15<br />

minutes<br />

All fees and charges inclusive of GST where applicable<br />

$87 Base fee plus $87/hr on<br />

job charge to nearest 15<br />

minutes 3.6%<br />

Page 39


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

OCCUPATIONAL LICENCES<br />

Helicopter/Hot air balloons landing fee (per flight) $86.00 $88.00 2.3%<br />

Public Land - Annual rental for Commercial Activity - Use of Footpath<br />

/Forecourt for Outdoor Dining - per m2 $34.00 $35.00 2.9%<br />

All fees and charges inclusive of GST where applicable<br />

Page 40


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

PORTABLE TOILETS *<br />

Portable Accessible Toilet $1,050 $1,050 + $100 each additional day 0.0%<br />

Portable Toilet Block (16 unit) $1,550 $1,550 + $100 each additional day 0.0%<br />

Portable Accessible Toilet - (Not for profit) $525 $300 + $50 each additional day -42.8%<br />

Portable Toilet Block (16 unit) - (Not for Profit) $825 $650 + $50 each additional day -21.2%<br />

Bond for cleaning $110 $120 9.1%<br />

* Hire cost does not include transport and pump costs - Hirer is<br />

responsible for cleaning<br />

All fees and charges inclusive of GST where applicable<br />

Page 41


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

INFRASTRUCTURE BONDS<br />

Infrastructure Bond establishment fee $265.00 $275.00 3.8%<br />

Infrastructure Bond administration fee - for extensions or alterations not specified in original<br />

bond agreement<br />

Infrastructure Protection Bond (All new single residential dwellings, and additions)<br />

Infrastructure Protection Bond (All new multiple dwellings, new commercial buildings and<br />

additions and all demolition/removal works)<br />

$170.00 $175.00 2.9%<br />

$830 (Refund at completion<br />

if road /crossing /footpath is<br />

left in good condition)<br />

$1,660 (Refund at<br />

completion if road /crossing<br />

/footpath is left in good<br />

condition)<br />

$855 (Refund at completion<br />

if road /crossing /footpath is<br />

left in good condition) 3.0%<br />

$1,710 (Refund at<br />

completion if road /crossing<br />

/footpath is left in good<br />

condition) 3.0%<br />

Infrastructure Protection Bond - Access to work site over <strong>Council</strong> Land (Refund at completion<br />

if Reserve/road/crossing/footpath is left in good condition)<br />

Parking Permit within <strong>Council</strong> Car Park (Temporary Permit for Building<br />

$1,660.00 $1,710.00 3.0%<br />

Works only) per space or part space - per day $14.00 $14.50 3.6%<br />

Associated Building Site Works Occupation of <strong>Council</strong> Land - per month per m2 $7.00 $7.25 3.6%<br />

Skip Bin Permits - per week $26.00 $27.00 3.8%<br />

Surcharge for occupation of <strong>Council</strong> land without prior approval + Infrastructure Bond $105.00 $108.00 2.9%<br />

Crane/Concrete Pump/Cherry Picker etc Permits on <strong>Council</strong> Land inc - per 4 hour or part<br />

Roads<br />

Infrastructure Protection Bond (Skip Bin - residential dwellings, and<br />

thereof $68.00 $70.00 2.9%<br />

additions)<br />

Infrastructure Protection Bond (Skip Bin - commercial buildings &<br />

$335.00 $345.00 3.0%<br />

additions & all demolition/removal works) $1,280.00 $1,320.00 3.1%<br />

All fees and charges inclusive of GST where applicable<br />

Page 42


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

REQUEST FOR PHOTOCOPYING (Per Copy)<br />

Single A4 - up to 10 copies $0.40 $0.40 0.0%<br />

Double A4 - up to 10 copies $0.50 $0.50 0.0%<br />

Single A3 - up to 10 copies $0.65 $0.65 0.0%<br />

Double A3 - up to 10 copies $1.00 $1.00 0.0%<br />

Single A4 - 10 or more copies $0.25 $0.25 0.0%<br />

Double A4 - 10 or more copies $0.40 $0.40 0.0%<br />

Single A3 - 10 or more copies $0.45 $0.45 0.0%<br />

Double A3 - 10 or more copies $0.60 $0.60 0.0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 43


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

DOCUMENT FEES<br />

Copy of full <strong>Council</strong> Agenda or minutes Free (as per Regulations) Free (as per Regulations) 0.0%<br />

Copy of <strong>agenda</strong> report/working papers - per page $0.40 $0.40 0.0%<br />

Extract of <strong>Council</strong> Policy Guide (per extract) $10.00 $10.30 3.0%<br />

Full copy of <strong>Council</strong> Policies by CD (to date) $90.00 $93.00 3.3%<br />

Tender & Contract Documents<br />

- Minor ($100,000 or less) $70.00 $70.00 0.0%<br />

- Major ($100,001 or more) $200.00 $200.00 0.0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 44


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

REPRODUCTION FEES<br />

MAPS, PLANS LIS MAP INFORMATION<br />

Building Plans - class 1& 10 - for all applications on property $16.90 $17.00 0.6%<br />

Building Plans - class 2 to 9 - for each page. $11.30 $11.50 1.8%<br />

Drainage Plans $11.30 $11.50 1.8%<br />

A4 paper copy of any map - 1:2000 $9.90 $10.00 1.0%<br />

Density rating plan (BW A4 1:2000 only) no charge no charge<br />

A1 1:5000 map $33.50 $33.50 0.0%<br />

A0 1:7500 Map $129.80 $130.00 0.2%<br />

Survey Control (A4) $9.90 $10.00 1.0%<br />

Large format photocopying of plans - A4 $10.00 $10.00 0.0%<br />

Large format photocopying of plans - A3 $20.00 $20.00<br />

Large format photocopying of plans - A2 $40.00 $40.00<br />

Large format photocopying of plans - A1 $60.00 $60.00 0.0%<br />

Large format photocopying of plans - A0 $135.00 $135.00 0.0%<br />

BULK DIGITAL DATA (1-10 parcels) (Min. Charge $25)<br />

. Base Cadastre (per parcel or per property) $1.58 $1.65 4.4%<br />

. Kerb & Channel (per parcel) $0.19 $0.20 5.3%<br />

. Vegetation Map per km2 $22.60 $23.30 3.1%<br />

. Geology Map per km2 $22.60 $23.30 3.1%<br />

. Contours per km2 $22.60 $23.30 3.1%<br />

. Storm Water (per parcel) $0.68 $0.70 2.9%<br />

. Planning Scheme Zones (per parcel) $0.68 $0.70 2.9%<br />

. Textual Information $0.19 $0.20 5.3%<br />

All fees and charges inclusive of GST where applicable<br />

Page 45


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

BULK DIGITAL DATA (11-100 parcels)<br />

. Base Cadastre (per parcel or per property) $1.45 $1.50 3.4%<br />

. Kerb & Channel (per parcel) $0.18 $0.20 11.1%<br />

. Vegetation Map per km2 $22.50 $23.00 2.2%<br />

. Geology Map per km2 $22.50 $23.00 2.2%<br />

. Contours per km2 $22.50 $23.00 2.2%<br />

. Storm Water (per parcel) $0.55 $0.60 9.1%<br />

. Planning Scheme Zones (per parcel) $0.55 $0.60 9.1%<br />

. Textual Information $0.18 per attribute $0.20<br />

BULK DIGITAL DATA (101-500 parcels)<br />

. Base Cadastre (per parcel or per property) $1.35 $1.40 3.7%<br />

. Kerb & Channel (per parcel) $0.17 $0.20 17.6%<br />

. Vegetation Map per km2 $22.57 $23.30 3.2%<br />

. Geology Map per km2 $22.57 $23.30 3.2%<br />

. Contours per km2 $22.57 $23.30 3.2%<br />

. Storm Water (per parcel) $0.45 $0.50 11.1%<br />

. Planning Scheme Zones (per parcel) $0.45 $0.50 11.1%<br />

. Textual Information $0.17 per attribute $0.20<br />

BULK DIGITAL DATA (500 - 1000 parcels)<br />

. Base Cadastre (per parcel or per property) $1.24 $1.30 4.8%<br />

. Kerb & Channel (per parcel) $0.16 $0.20 25.0%<br />

. Vegetation Map per km2 $41.00 $23.30 -43.2%<br />

. Geology Map per km2 $41.00 $23.30 -43.2%<br />

. Contours per km2 $41.00 $23.30 -43.2%<br />

. Storm Water (per parcel) $0.34 $0.35 2.9%<br />

. Planning Scheme Zones (per parcel) $0.34 $0.35 2.9%<br />

. Textual Information $0.15 $0.18 20.0%<br />

. Update Charge 20% - 30% initial cost<br />

All fees and charges inclusive of GST where applicable<br />

Page 46


ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

BULK DIGITAL DATA (per additional 1000 parcels)<br />

. Base Cadastre (per parcel or per property) $1.20 NEW<br />

. Kerb & Channel (per parcel) $0.18 NEW<br />

. Vegetation Map per km2 $23.30 NEW<br />

. Geology Map per km2 $23.30 NEW<br />

. Contours per km2 $23.30 NEW<br />

. Storm Water (per parcel) $0.25 NEW<br />

. Planning Scheme Zones (per parcel) $0.25 NEW<br />

. Textual Information $0.15 NEW<br />

All fees and charges inclusive of GST where applicable<br />

Page 47


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

ADDITIONAL FEES<br />

Request for Document Signing and/or Sealing Fee $85.00 $85.00 0.0%<br />

Work carried out at a persons request<br />

e.g. requests for research, processing for a <strong>Council</strong> (non planning) discretionary<br />

decisions; report and document preparation; provision of information and/or<br />

copies/extracts from council records (including additional information on a 337<br />

property request ) etc. - per hour or part thereof $85.00 $85.00 0.0%<br />

Supplementary Information request arising from 337 certificates regarding<br />

planning permits on adjacent properties - per nominated property $30.00 $32.00 6.7%<br />

Credit Card Fee - charged as a percentage of transaction value (to commence<br />

upon implementation of system modifications) 1% New<br />

All fees and charges inclusive of GST where applicable<br />

Page 48


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM 2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

COUNCIL COMMUNITY BUS<br />

Per Person: - half day $3.00 $3.00 0.0%<br />

- full day $5.00 $5.00 0.0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 49


<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

List of Fees Effective from 1 July <strong>2012</strong><br />

ITEM<br />

PUBLICATIONS<br />

2011-12 <strong>2012</strong>-13 (Proposed) % Change<br />

Annual Report - Regulation $3.00 $3.00 0%<br />

Local Area Plans (inc Richmond Cultural Resource Mgt Plan) $17.00 per volume $17.00 per volume 0%<br />

Planning Schemes<br />

$25.00 each.<br />

Glebe Hill Development Plan<br />

annexure $32.00<br />

Other DPOs - free<br />

$25.00 each.<br />

Glebe Hill Development Plan<br />

annexure $32.00<br />

Other DPOs - free 0%<br />

History of <strong>Clarence</strong> $29.95 $29.95 0%<br />

Stock Thieves and Golfers $25.00 $25.00 0%<br />

All fees and charges inclusive of GST where applicable<br />

Page 50


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 178<br />

11.7.2 ROSNY HILL NATURE RECREATION AREA MANAGEMENT STRATEGY<br />

(File Nos A008-12A; 12-06-08)<br />

EXECUTIVE SUMMARY<br />

PURPOSE<br />

To consider a property report on development within the Rosny Hill Nature<br />

Recreation Area to enhance the visitor experience and recreational potential of the<br />

site.<br />

RELATION TO EXISTING POLICY/PLANS<br />

<strong>Council</strong>’s Strategic Plan 2010-2015 is relevant as is <strong>Council</strong>’s adopted Rosny Hill<br />

Nature Recreation Area Management Strategy 2011 in relation to improved visitor<br />

infrastructure and experience.<br />

LEGISLATIVE REQUIREMENTS<br />

The National Parks and Reserves Management Act 2002, Nature Conservation Act<br />

2002 and the <strong>Clarence</strong> Planning Scheme 2007 are relevant.<br />

CONSULTATION<br />

The consultation processes under the Land Use Planning Act, 1993 and the <strong>Clarence</strong><br />

Planning Scheme will apply to any development or site enhancement proposals.<br />

FINANCIAL IMPLICATIONS<br />

<strong>Council</strong>’s annual operating plan provides for implementation of Rosny Hill Nature<br />

Recreation Area Management Strategy actions in regard to maintenance and<br />

improvements, such as fire management trails and access. An Expression of Interest<br />

process if endorsed would be funded from budget allocations within the Economic<br />

Development program.<br />

RECOMMENDATION:<br />

A. That <strong>Council</strong> receives the Opteon Tasmania Property Report – Rosny Hill<br />

Nature Recreation Area, May <strong>2012</strong> (Report) on Rosny Hill Nature Recreation<br />

Area (RHNRA).<br />

B. That <strong>Council</strong>’s preferred development concept to enhance the visitor<br />

experience and recreational potential of the Rosny Hill Nature Recreation<br />

Area include the following commercial use options:<br />

(a) commercial active recreational activities;<br />

(b) restaurant with take away food kiosk;<br />

(c) tourist accommodation and operations;<br />

(d) conference centre;<br />

and development of areas outside of the 2 designated development zones in<br />

the Rosny Hill Nature Recreation Area Management Strategy may be<br />

considered provided proposals remain sensitive to and address the<br />

conservation objectives and constraints of the reserve.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 179<br />

C. That <strong>Council</strong> authorises the General Manager to undertake the following<br />

actions in seeking sensitive commercial development and enhancement of the<br />

RHNRA, as per the findings of the Report:<br />

(i) seek a long-term head-lease of the RHNRA from the Crown;<br />

(ii) continue to implement actions within the Rosny Hill Nature Recreation<br />

Area Management Strategy 2011 to promote increased active<br />

recreational use of the property and provide infrastructure which will<br />

facilitate public use;<br />

(iii) prepare marketing material and preferred development standards to be<br />

met by proponents for both leases or business licenses;<br />

(iv) seek Expressions of Interest (EOI) from interested parties for<br />

commercial uses of the RHNRA consistent with <strong>Council</strong>’s preferred<br />

development concepts;<br />

(v) appoint an EOI evaluation panel and probity officer to review<br />

Expressions of Interest and recommend to <strong>Council</strong> a short-list of<br />

preferred proponents;<br />

(vi) negotiate lease or license terms with preferred proponents subject to:<br />

� the proponent obtains a Planning permit and any other required<br />

business licences prior to lease finalisation;<br />

� the lessee completes the development within a specified timeframe<br />

(or failing that the lease is surrendered and other alternative<br />

proponents are considered).<br />

________________________________________________________________________<br />

ASSOCIATED REPORT<br />

1. BACKGROUND<br />

1.1. <strong>Council</strong> became the Managing Authority for the Rosny Hill Nature Recreation<br />

Area (RHNRA) in September 2009.<br />

1.2. On 25 July 2011, <strong>Council</strong> adopted the Rosny Hill Nature Recreation Area<br />

Management Strategy 2011 incorporating the following actions:<br />

(i) <strong>Council</strong> to explore the market potential for development consistent<br />

with <strong>Council</strong>’s Planning Scheme and the site’s status under the<br />

National Parks and Reserve Management Act, 2002; and<br />

(ii) the General Manager to pursue any identified developments in<br />

consultation with the State Government.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 180<br />

2. REPORT IN DETAIL<br />

2.1. Further to <strong>Council</strong>’s decision, <strong>Council</strong> officers sought quotes and property<br />

consultants Opteon Tasmania were commissioned to prepare a property report<br />

with a brief to undertake:<br />

� a review of the site development constraints, including those in relation<br />

to the National Parks and Reserve Management Act, 2002, Nature<br />

Conservation Act 2002 and the <strong>Clarence</strong> Planning Scheme 2007;<br />

� an analysis of visitor services and enterprise opportunities in the<br />

context of those constraints; and<br />

� make recommendations in regard to the:<br />

� development opportunities that are most likely to be achievable<br />

and sustainable;<br />

� land tenure needed to facilitate various types of investment;<br />

� development footprints within the reserve;<br />

� infrastructure services that are required or desirable;<br />

� mechanism and process for going to the market.<br />

2.2. The property consultant’s report and findings are Attachment 1. The<br />

following are the key findings of the Report.<br />

� there is currently a lack of public facilities at the RHNRA and although<br />

the site has regular visitors, the site is under-utilised and underdeveloped;<br />

� the RHNRA has some unique attributes which would appeal to<br />

commercial operations on the site;<br />

� the National Parks and Reserves Management Act 2002, the <strong>Clarence</strong><br />

Planning Scheme 2007 and the RHNRA Management Strategy permit<br />

some commercial activities on the site;<br />

� the site has some sensitive conservation issues which should be<br />

considered as part of any development proposal;


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 181<br />

� there are commercial development opportunities which are considered<br />

to be consistent with the management strategy and use of the property<br />

as “public land” for nature conservation and recreational use, which<br />

could complement and enhance Rosny Hill and the public’s use of the<br />

Reserve and simultaneously provide the financial capacity for the<br />

improved use and maintenance of the Reserve. Sensitive commercial<br />

development should therefore be encouraged;<br />

� Areas outside of the 2 designated development zones in the<br />

management strategy should be considered, provided they remain<br />

sensitive to the other constraints of the Reserve. Proposals should not<br />

be restricted to defined development zones but rather be assessed based<br />

on their merits;<br />

� the conservation value of the Reserve in comparison to other reserves<br />

(eg National Parks, World Heritage Areas) is comparatively low.<br />

Conversely the site, due its location in a largely developed area, is well<br />

suited to the pursuit of recreational land uses and complementary<br />

commercial activities for the benefit of tourists and the general public;<br />

� the most likely feasible commercial uses for the site include<br />

commercial active recreational activities; minor utilities; restaurant<br />

with take away food kiosk; tourist accommodation and operations.<br />

2.3. Recommended Process<br />

The report recommends the following process for going to market to seek<br />

proponents for the sensitive commercial development of the RHNRA per the<br />

findings of the report:<br />

� <strong>Council</strong> obtains a 99 year head-lease from the Crown for the RHNRA<br />

at a peppercorn rent;<br />

� <strong>Council</strong> considers recommendations of the report and agrees on<br />

development concepts it believes are appropriate for the site;<br />

� revision of master plan and design for the site based on <strong>Council</strong>’s<br />

preferred future desired character of the site;


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 182<br />

3. CONSULTATION<br />

� <strong>Council</strong> undertakes non-commercially viable development to promote<br />

increased active recreational use of the property and provision of<br />

services infrastructure which will underpin and facilitate commercial<br />

development;<br />

� <strong>Council</strong> prepares marketing material and defines preferred<br />

development standards to be met by proponents for both leases or<br />

business licenses;<br />

� <strong>Council</strong> seeks Expressions of Interest from interested parties for<br />

commercial uses of the RHNRA, consistent with <strong>Council</strong>’s preferred<br />

development concepts (the Expression of Interest is to include the<br />

proponents proposed sub-lease offer);<br />

� a <strong>Council</strong> evaluation panel and probity officer are appointed to review<br />

Expressions of Interest and short-list preferred proponents;<br />

� <strong>Council</strong> appoints a commercial real estate agent or property consultant<br />

to negotiate lease or license terms with preferred proponents;<br />

� the proponent obtains a Planning permit and any other required<br />

business licences, prior to lease finalisation;<br />

� the lessee completes the development within a specified timeframe (or<br />

failing that the lease is surrendered and other alternative proponents are<br />

considered).<br />

3.1. Community Consultation<br />

Consultation occurred with the broader community in regard to the<br />

establishment of the Rosny Hill Nature Recreation Area Management Strategy<br />

2011. No consultation has yet occurred in relation to specific development of<br />

the site. The consultation requirements under the Land Use Planning and<br />

Approvals Act, 1993 and the <strong>Clarence</strong> Planning Scheme will apply to any<br />

proposals.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 183<br />

3.2. State/Local Government Protocol<br />

<strong>Council</strong> as the Managing Authority for the Rosny Hill Nature Recreation Area<br />

will liaise with the Crown through the Department of Primary Industries,<br />

Parks, Water and Environment.<br />

3.3. Other<br />

Nil.<br />

4. STRATEGIC PLAN/POLICY IMPLICATIONS<br />

<strong>Council</strong>’s Strategic Plan 2010-2015 includes the following strategy:<br />

“Identify opportunities for development of key commercial and tourism<br />

opportunities;<br />

� Promotion and future development of Rosny Hill;…”.<br />

5. EXTERNAL IMPACTS<br />

Nil.<br />

6. RISK AND LEGAL IMPLICATIONS<br />

6.1. The National Parks and Reserves Management Act 2002, Nature Conservation<br />

Act 2002 and the <strong>Clarence</strong> Planning Scheme 2007 apply.<br />

6.2. It is proposed that the Minister would enter into a long term lease with the<br />

<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> under Section 48 of the National Parks and Reserves<br />

Management Act, 2002. <strong>Council</strong> would then enter into a sub-lease (as<br />

approved by the Minister) with any preferred developer/proponent. Any<br />

development of the Reserve would be via a sub-lease, whilst the Minister also<br />

has the right to issue business licences.<br />

7. FINANCIAL IMPLICATIONS<br />

No capital funding allocation is proposed at this time. There is, however, provision<br />

within <strong>Council</strong>’s annual Operating Plan for implementation of some Rosny Hill<br />

Nature Recreation Area Management Strategy actions in regard to maintenance and<br />

improvements, such as fire management trails and access. An Expression of Interest<br />

process if endorsed is proposed to be funded from budget allocations within the<br />

Economic Development program.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 184<br />

8. ANY OTHER UNIQUE ISSUES<br />

Nil.<br />

9. CONCLUSION<br />

9.1. The report identifies that there are commercial development opportunities at<br />

Rosny Hill Nature Recreation Area which can be consistent with the Rosny<br />

Hill Nature Recreation Area Management Strategy 2011 and use of the<br />

property for nature conservation and recreational use, which could<br />

complement and enhance the public’s use of the area and simultaneously<br />

provide the financial capacity for the improved use and maintenance of the<br />

site.<br />

9.2. The report identifies that the most feasible commercial uses at the site include:<br />

� commercial active recreational activities;<br />

� minor utilities;<br />

� restaurant with take away food kiosk;<br />

� tourist accommodation and operations;<br />

� conference centre.<br />

9.3. The feasibility of commercial development can be further facilitated by:<br />

� implementation of actions under Rosny Hill Nature Recreation Area<br />

Management Strategy 2011 aimed at increasing active recreational use<br />

of the area; and<br />

� the provision of services infrastructure.<br />

9.4. An important next step is consultation with the State Government (Parks) in<br />

regard to the report findings and the establishment of a long term lease of the<br />

site to <strong>Council</strong> under Section 48 of the National Parks and Reserves<br />

Management Act, 2002.<br />

Attachments: 1. Opteon Tasmania Property Report - Rosny Hill Nature Recreation Area,<br />

May <strong>2012</strong> (27)<br />

Andrew Paul<br />

GENERAL MANAGER


Consulting Report<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania 7018<br />

Prepared For <strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

Date Report Issued 10-May-12<br />

Our Reference 114169<br />

Integrated Property Services Tas Pty Ltd trading as Opteon (Tasmania)<br />

ABN 98 136 982 173<br />

7 Castray Esplanade, Hobart TAS 7000<br />

T (03) 6220 7555<br />

F (03) 6224 2331<br />

E tasmania.info@opteonproperty.com.au<br />

W opteonproperty.com.au<br />

Value made visible


Table of Contents<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

1.0 EXECUTIVE SUMMARY ........................................................................................ 3<br />

2.0 INSTRUCTIONS ................................................................................................. 6<br />

3.0 LOCATION ....................................................................................................... 7<br />

3.1 Regional ................................................................................................. 7<br />

3.2 Specific Location ....................................................................................... 7<br />

3.3 Access & Parking ....................................................................................... 8<br />

3.4 Transport & Infrastructure ........................................................................... 8<br />

4.0 TENURE .......................................................................................................... 9<br />

4.1 Legal Description ....................................................................................... 9<br />

5.0 LAND DESCRIPTION ......................................................................................... 10<br />

5.1 Physical Characteristics ............................................................................. 10<br />

6.0 PLANNING ..................................................................................................... 10<br />

6.1 Local Planning ........................................................................................ 10<br />

6.2 Heritage Issues ....................................................................................... 12<br />

7.0 SERVICES ...................................................................................................... 13<br />

7.1 Services Infrastructure Required: ................................................................. 13<br />

8.0 IMPROVEMENTS .............................................................................................. 14<br />

9.0 PHOTOGRAPHY .............................................................................................. 14<br />

10.0 OCCUPANCY & LEASE DETAILS ........................................................................... 16<br />

10.1 Possible Ground Lease Terms ...................................................................... 16<br />

10.2 Alternative Casual License Terms ................................................................. 18<br />

11.0 MARKET DEMAND & LIKELY DEVELOPMENT: .......................................................... 18<br />

11.1 Market Demand: ...................................................................................... 18<br />

11.2 Potential Uses: ....................................................................................... 18<br />

11.3 Sensitive Commercial Development Opportunities: ........................................... 20<br />

11.3.1 Active Recreation ............................................................................ 20<br />

11.3.2 Minor Utility ................................................................................... 20<br />

11.3.3 Restaurant ..................................................................................... 21<br />

11.3.4 Take Away Food Shop ....................................................................... 21<br />

11.3.5 Tourist Accommodation ..................................................................... 21<br />

11.3.6 Tourist Operation ............................................................................ 22<br />

12.0 DEVELOPMENT FOOTPRINTS: ............................................................................. 24<br />

13.0 MECHANISM AND PROCESS FOR GOING TO MARKET: ................................................ 25<br />

13.1 Expression of Interest: .............................................................................. 25<br />

14.0 CONCLUDING COMMENTS .................................................................................. 27<br />

Appendices<br />

1. Rosny Hill Property Report Project Brief<br />

2. Certificates of Title and Title Plans<br />

3. Extract from <strong>Clarence</strong> Planning Scheme 2007<br />

4. Rosny Hill Nature Recreation Area Management Strategy<br />

Page 2


1.0 Executive Summary<br />

Instructing Party Mr Greg Walker, <strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

Client / Authorised Party <strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Purpose General consultancy purposes for management of the site<br />

Rosny, Tasmania<br />

Property Address "Rosny Hill Nature Recreation Area" (RHNA) 12A Akuna Street, Rosny,<br />

Tasmania 7018<br />

Property Description The property comprises a nature recreation area with a total site area<br />

of approximately 20.965 ha.<br />

Date of Inspection 14-Feb-12<br />

Certificate(s) of Title Volume 12799 Folio 1<br />

Registered Proprietor The Crown<br />

Site Area 20.965 ha<br />

Zoning “Recreation”<br />

Volume 236367 Folio 1<br />

Occupancy Status The property is currently managed by the <strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> as a<br />

nature reserve.<br />

Key Assumptions • The instructions and subsequent information supplied contain a<br />

full disclosure of all information that is relevant;<br />

Page 3


"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

Key Findings • There is currently a lack of public facilities at the RHNRA and<br />

although the site has regular visitors, the site is under-utilised and<br />

under-developed;<br />

• The RHNRA has some unique attributes which would appeal to<br />

commercial operations on the site;<br />

• The National Parks and Reserves Management Act 2002, the<br />

<strong>Clarence</strong> Planning Scheme 2007, and the RHNRA Management<br />

Strategy permit some commercial activities on the site;<br />

• The site does have some sensitive conservation issues which<br />

should be considered as part of any development proposal;<br />

• There are commercial development opportunities which are<br />

considered to be consistent with the management strategy and<br />

use of the property as “public land” for nature conservation and<br />

recreational use which could complement and enhance Rosny Hill<br />

and the public’s use of the Reserve and simultaneously provide<br />

the financial capacity for the improved use and maintenance of<br />

the Reserve. Sensitive commercial development should therefore<br />

be encouraged.<br />

• Areas outside of the two designated development zones should be<br />

considered provided they remain sensitive to the other constraints<br />

of the Reserve. Proposals should not be restricted to defined<br />

development zones but rather be assessed based on their merits.<br />

• The conservation value of the Reserve in comparison to other<br />

reserves (eg National Parks, World Heritage Areas) is<br />

comparatively low. Conversely the site, due its location in a<br />

largely developed area, is well suited to the pursuit of<br />

recreational land uses and complementary commercial activities<br />

for the benefit of tourists and the general public.<br />

• The most likely feasible commercial uses for the site include<br />

commercial active recreational activities; minor utilies; restaurant<br />

with take away food kiosk; tourist accommodation and operations.<br />

• Following <strong>Council</strong> obtaining a head lease from the Crown, and<br />

completion of non-commercially viable recreational development<br />

the <strong>Council</strong> should seek Expressions of Interest from interested<br />

parties for commercial uses of the RHNRA consistent with<br />

<strong>Council</strong>’s preferred development concepts;<br />

Page 4


Date of Advice 14-Feb-12<br />

Author<br />

Counter Signatory<br />

William Reynolds<br />

AAPI, B.Bus (L.Ec), CPV<br />

API Member 40064<br />

Director<br />

Richard Steedman<br />

AAPI, B.Comm (Prop), CPV<br />

API Member 40071<br />

Senior Valuer<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

Important This Executive Summary must be read in conjunction with the remainder of this<br />

report. The Executive Summary is only a synopsis designed to provide a brief<br />

overview and must not be acted upon in isolation to the contents of this report.<br />

Third Party Disclaimer This report has been prepared for the private and confidential use of our client,<br />

<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> for the specified purpose. It should not be reproduced in<br />

whole or part without the express written authority of Opteon (Tasmania) or<br />

relied upon by any other party for any purpose and the author shall not have any<br />

liability to any party who does so. Our warning is registered here, that any party,<br />

other than those specifically named in this paragraph should obtain their own<br />

advice before acting in any way in respect of the subject property.<br />

Counter Signatory The counter signatory confirms that the report is genuine and is endorsed by<br />

Opteon (Tasmania). The counter signatory may not have formally inspected the<br />

property or comparable sales. The opinion of value has been arrived at by the<br />

principal signatory.<br />

Page 5


2.0 Instructions<br />

Instructing Party Mr Greg Walker, <strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

Property Address "Rosny Hill Nature Recreation Area" 12A Akuna Street, Rosny Tasmania<br />

Date of Instructions 23-Jan-12<br />

Client / Authorised Party <strong>Clarence</strong> <strong>City</strong> <strong>Council</strong><br />

Purpose To consider the market potential that may exist for development<br />

within the Rosny Hill Nature Recreation Reserve<br />

More specifically the scope of instructions was specified within the Rosny Hill Property Report<br />

Project Brief as follows:<br />

“1.2. THE PROJECT AND SCOPE<br />

The Project work in summary entails the provision of the consultancy services required to prepare<br />

and deliver a property report addressing the market potential that may exist for development<br />

within the Rosny Hill Nature Recreation Reserve.<br />

The property report shall include:<br />

• a review of the site development constraints;<br />

• an analysis of visitor services and enterprise opportunities in the context of those constraints;<br />

• recommendations in regard to the:<br />

o development opportunities that are most likely to be achievable and sustainable;<br />

o land tenure needed to facilitate various types of investment;<br />

o development footprints within the reserve;<br />

o infrastructure services that are required or desirable;<br />

o mechanism and process for going to the market.”<br />

Pecuniary Interest We confirm that the author does not have any pecuniary interest that<br />

would conflict with the proper assessment of the property.<br />

Documentation Provided Information we have been provided with and relied upon in preparing<br />

this report includes:<br />

• Rosny Hill Nature Recreation Area Management Strategy;<br />

• <strong>Clarence</strong> Planning Scheme 2007;<br />

• Traffic counts;<br />

• Aerial photography;<br />

Scope of Work The scope of work undertaken by the author in completing this advice<br />

has included:<br />

• Collation of information from relevant parties regarding the<br />

subject property;<br />

• Undertaking our own research regarding the subject property;<br />

• An inspection of the property;<br />

• Undertaking market research in terms of the state of economy<br />

and property market sectors;<br />

• Consideration of reference material and the issues;<br />

• Preparation of conclusions and this report.<br />

Page 6


"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

Full Disclosure Disclaimer Whilst we have attempted to confirm the veracity of information supplied, the<br />

scope of work did not extend to verification of all information supplied or due<br />

diligence. Our report has been prepared on the assumption the instructions and<br />

information supplied has been provided in good faith and contains a full disclosure<br />

of all information that is relevant. The author does not accept any responsibility or<br />

liability whatsoever in the event the author has been provided with insufficient,<br />

false or misleading information.<br />

A copy of our instructions is attached to this report.<br />

3.0 Location<br />

3.1 Regional<br />

The property is situated within the established, residential suburb of Rosny, which is approximately<br />

5 kms east Hobart's CBD, on the eastern shore of the River Derwent. Rosny Park is the<br />

administrative centre for the municipality of <strong>Clarence</strong>. Shops, schools and other community<br />

facilities are provided within the immediate area.<br />

Location Map<br />

3.2 Specific Location<br />

SUBJECT ����<br />

Properties in the immediate vicinity include residential dwellings of varying construction and<br />

designs.<br />

Page 7


Aerial Photo<br />

3.3 Access & Parking<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

Vehicular access to the property is via Akuna Street which is a single lane road carrying two way<br />

traffic.<br />

A circular road traverses through the site and provides access to the pinnacle of the reserve where<br />

there is on site car parking.<br />

3.4 Transport & Infrastructure<br />

SUBJECT ����<br />

The property has good access to major arterial roads including the Tasman Highway.<br />

The Hobart airport is located within approximately 10 kms of the subject property.<br />

Public transport (bus services) is available within the immediate vicinity of the subject property.<br />

Traffic counts undertaken by the <strong>Clarence</strong> <strong>Council</strong> for the month of February <strong>2012</strong> indicate an<br />

average of 192 vehicles per day currently visit the site. There are no facilities or services offered to<br />

these visitors. The majority of visits to the site occur between 8 am and 10 pm, peaking at or<br />

around midday.<br />

Page 8


"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

The number of traffic movements to the site reflects the attributes of the site in terms of its appeal<br />

for sightseeing. The existing visitation to the site would assist in terms of viability of development<br />

and would be viewed positively by potential businesses for the site.<br />

4.0 Tenure<br />

4.1 Legal Description<br />

Title References Volume 12799 Folio 1<br />

Volume 236367 Folio 1<br />

Registered Proprietor The Crown<br />

Tenure Tenure to the property is by virtue of a Torrens title/freehold land.<br />

We have been advised the <strong>Clarence</strong> <strong>Council</strong> intend to be granted a<br />

long term head-lease over the site from The Crown.<br />

Managing Authority <strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> has been responsible for the management of<br />

the reserve since 30 September 2009, when the management role<br />

transferred from the Tasmanian Parks and Wildlife Service. 1<br />

Tenure for Development Given ownership is held by the Crown and the strong association of<br />

the land to the community, development on the site is most likely to<br />

be undertaken by way of tenure via a ground (sub)lease or license.<br />

Subdivision or sale of the land is possible but not considered<br />

practical/likely.<br />

Data Source Copies of the Certificate of Title and Title Plans have been obtained<br />

from the Land Titles Office and are attached to this report.<br />

1 National Parks and Reserves Management (Rosny Hill Nature Recreation Area - Managing Authority)<br />

Order 2009 (S.R. 2009, No. 113)<br />

Page 9


5.0 Land Description<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

Shape and Dimensions The shape and dimensions of the property are shown on the Title<br />

plans.<br />

Site Area Approximately 20.965 ha<br />

Source of Site Area The land area has been obtained from the Title Plans.<br />

5.1 Physical Characteristics<br />

Site Area<br />

Volume: Folio: Area (ha):<br />

12799 1 20.560 ha<br />

236367 1 0.405 ha<br />

Total Site Area: 20.965 ha<br />

Slope The site is of generally gradual to steep slope with some near level<br />

areas towards the top of Rosny Hill.<br />

Aspect/Views The property has a varying aspect and spectacular views overlooking<br />

the River Derwent and <strong>City</strong> of Hobart.<br />

Geotechnical We have not sighted a geotechnical engineers’ survey of the property.<br />

We are not experts in the field of civil or geotechnical engineering<br />

and we are therefore unable to comment as to the geotechnical<br />

integrity of the ground and soil conditions. It is specifically assumed<br />

that there are no adverse geotechnical conditions that compromise<br />

the utility of the property for the current or highest and best use. In<br />

the event there is found to be adverse ground conditions we<br />

recommend the matter be referred to this Company for comment.<br />

6.0 Planning<br />

6.1 Local Planning<br />

Local Government<br />

Authority<br />

Current Town Planning<br />

Scheme<br />

<strong>Clarence</strong><br />

<strong>Clarence</strong> Planning Scheme 2007<br />

Current Zoning “Recreation”<br />

The purpose of the Recreation zone is:<br />

a) To implement the Planning Policy Framework.<br />

b) To recognise public and private land which may be used for open<br />

space or recreation.<br />

c) To provide for uses which support recreational activities or which<br />

may be interim uses that do not prejudice future recreational<br />

activities. 2<br />

2 <strong>Clarence</strong> Planning Scheme 2007<br />

Page 10


Permitted Uses Agriculture<br />

Active Recreation<br />

Minor Utility<br />

Passive Recreation 3<br />

Discretionary Uses Aquaculture<br />

Camping and Caravan Park<br />

Community Building<br />

Extractive Industry<br />

Educational or Cultural Centre<br />

Forestry<br />

Major Utility<br />

Restaurant<br />

Take Away Food Shop<br />

Tourist Accommodation<br />

Tourist Operation<br />

Any undefined use 4<br />

Prohibited Uses Any other defined use not listed above 5<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

Overlays The property is also subject to a Vegetation Management Overlay.<br />

The purpose of the Overlay is:<br />

a) To implement the Planning Policy Framework.<br />

b) To protect areas of significant vegetation and bushland habitat<br />

including forested skylines, prominent ridgelines and hills which<br />

contribute to important vistas and in particular those which create a<br />

natural backdrop to the urban setting for the <strong>City</strong>.<br />

c) To protect and enhance areas of high, very high, and extremely high<br />

vegetation significance and bushland habitat<br />

d) To ensure that development is sited to minimise the loss of native<br />

vegetation.<br />

e) To maintain and enhance habitat and corridors for indigenous<br />

fauna. 6<br />

Planning Comment<br />

Whilst the site is zoned “Recreation” there are some potentially viable uses which are either<br />

permitted or discretionary within the zone. We note also that other environmental and skyline<br />

protection types zones, such as the “Landscape and Skyline Protection Zone” that covers areas<br />

such as the Droughty Point hills and the Meaghan Range, do not apply to Rosny Hill.<br />

Planning Disclaimer Town planning and zoning information was informally obtained from the relevant<br />

local and State Government authorities. This information does not constitute a<br />

formal zoning certificate. Should the addressee require formal confirmation of<br />

planning issues then we recommend written application be made to the relevant<br />

authorities to obtain appropriate current zoning certificates.<br />

3 <strong>Clarence</strong> Planning Scheme 2007<br />

4 <strong>Clarence</strong> Planning Scheme 2007<br />

5 <strong>Clarence</strong> Planning Scheme 2007<br />

6 <strong>Clarence</strong> Planning Scheme 2007<br />

Page 11


6.2 Heritage Issues<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

The Section 2 (Physical, Biological and Cultural Characteristics) of the Rosny Hill Nature Recreation<br />

Area Management Strategy provides a summary of the natural and cultural values of Rosny Hill.<br />

Pertinent sections of that report include:<br />

Geology and Topography The geology/soil type is relatively robust, with the capacity to<br />

sustainably support recreational trail development and use. …<br />

The stony nature of the local geology may be a design element that<br />

could be incorporated into facility upgrades and landscaping, with<br />

the potential to utilise stone from the site.<br />

Vegetation The Rosny Hill Bushfire Management Plan 2010 indicates that there<br />

are five distinct vegetation communities within the reserve:<br />

(DVG) Grassy Eucalyptus viminalis woodland<br />

(NAV) Inland Acacia verticillata low Forest<br />

(GTL) Lowland Themeda grassland<br />

(GCL) Lowland grassland complex<br />

(NBA) Bursaria-acacia woodland and Scrub<br />

Rosny Hill NRA provides habitat for several rare and threatened<br />

native plant species, including:<br />

Leafy sun orchid (Thelymitra bracteata)<br />

Grassland flax lily (Dianella amoena)<br />

Spear grass (Austrostipa nodosa)<br />

Tall wallaby grass (Austrodanthonia induta)<br />

Shade peppercress (Ledidium pseudotasmanicum)<br />

Narrow leaf New Holland daisy (Vittadinia muelleri)<br />

…<br />

None of these vegetation communities are listed as threatened under<br />

the Nature Conservation Act 2002. However, it is noted that all<br />

communities, with the exception of the Inland Acacia verticillata low<br />

forest, are considered to be inadequately reserved at state level 5.<br />

The small size of remnant vegetation communities, the minimal<br />

capacity for increase, and the density of urban development<br />

surrounding the reserve, mean that they need to be well-managed to<br />

ensure long-term viability.<br />

Fauna The Natural Values Report indicates that the following threatened<br />

fauna species have been recorded from within 500m of the reserve:<br />

Swift parrot (Lathamus discolor); and<br />

Tasmanian devil (Sarcophilus harrisii).<br />

Aboriginal The Rosny Hill NRA is within the original territory of the Oyster Bay<br />

people, once the largest tribe in Tasmania. The Band most closely<br />

associated with the Rosny Hill area was the Moomairremener.<br />

All sites or artefacts of Aboriginal significance are protected under<br />

the Aboriginal Relics Act 19759. To date, there are no know sites or<br />

artefacts of significance in the study area – such sites or artefacts are<br />

more likely to be associated with the nearby coastal areas.<br />

Historic and Heritage<br />

Values<br />

Although Rosny Hill does not contain any known tangible evidence of<br />

historic cultural heritage, it’s prominence in the landscape<br />

(particularly when seen from the western shore), as illustrated in<br />

Page 12


Contemporary Social<br />

Values<br />

7.0 Services<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

paintings and photographs throughout the history of European<br />

settlement within the Greater Hobart Area, suggests it has always<br />

been an important element of the cultural landscape.<br />

The strategic directions and recommendations .. respond to the<br />

identified contemporary social values, and aim to balance the needs<br />

and potential impacts of users, with the maintenance of natural and<br />

aesthetic values.<br />

The proposed recommendations identify practical and achievable<br />

ways to enhance recreation (primarily walking opportunities), lowlevel<br />

tourism (e.g. improvements to the quality of the lookouts),<br />

aesthetic values (e.g. maintenance, landscaping, and the visual values<br />

of the reserve when viewed from surrounding areas), and<br />

environmental management.<br />

Any new infrastructure must be designed and located with<br />

consideration to the potential visual impact when viewed from<br />

outside the reserve. 7<br />

Electricity Available but not connected<br />

Water Reticulated water supply is available to Rosny Hill although supply<br />

may be restricted due to its elevation.<br />

Gas Reticulated natural gas is not available<br />

Sewer Available but not connected. Any new development is likely to<br />

require new mains connection to existing sewer drains/systems.<br />

Telecommunications Available but not connected<br />

7.1 Services Infrastructure Required:<br />

In order to undertake development of the site, proponents would ordinarily undertake<br />

infrastructure works required to facilitate development. In particular, proponents would ordinarily<br />

expect to have access to electricity, telecommunication, reticulated water and sewer services.<br />

In recent times there have been a number of innovations which now mean more remote sites can be<br />

appropriately serviced without connections to reticulated services. Sustainable building design is<br />

now also placing greater emphasis on sustainability/self-sufficiency and so whilst services<br />

infrastructure is desirable, it is no longer considered essential. For example mobile phone and data<br />

services may mean that landline telecommunication services are not essential, or rainwater tanks<br />

can be used for water supply.<br />

In this instance, there is likely to also be a community benefit/demand for the provision of services.<br />

We expect any development is likely to need to cater for public amenities and this places a higher<br />

demand on water supplies and sewerage treatment. The cost of providing this infrastructure should<br />

therefore be shared on a negotiated basis with an successful commercial proponent for the site.<br />

Most services should be reasonably able to be provided to facilitate development of the RHNRA. The<br />

exception would appear to be water supply given the elevation of the proposed development zones.<br />

Any new development may need to provide its own water supply (via tanks) or pump station at the<br />

mains connection to a header tank.<br />

7 Rosny Hill Nature Recreation Area Management Strategy, Author: inspiring place<br />

Page 13


8.0 Improvements<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

At present improvements on the site are limited to a bitumen road/drive, on site carparking,<br />

signage, interpretive signs and signage, and a survey trig point<br />

9.0 Photography<br />

Trig Grid at the top of Rosny Hill<br />

Developable area on the north eastern side of<br />

Rosny Hill<br />

Views overlooking the River Derwent and<br />

Tasman Bridge<br />

Views southwards to Droughty Point and South<br />

Arm<br />

Page 14


Existing interpretive signage<br />

Existing carparking area<br />

Views overlooking the <strong>City</strong> of Hobart and across<br />

to Mount Wellington<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

Existing signage and permitted recreational<br />

uses<br />

Former quarry area near the entrance of the<br />

Rosny Hill reserve<br />

Existing signage<br />

Page 15


10.0 Occupancy & Lease Details<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Occupancy Status Property is currently used by the general public free of charge.<br />

Rosny, Tasmania<br />

Legislative Framework It is proposed that the Minister would enter into a long term lease<br />

with the <strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> under section 48 of the National Parks<br />

and Reserves Management Act 2002. <strong>Council</strong> would then enter into a<br />

sub-lease (as approved by the Minister) with the preferred<br />

developer/proponent.<br />

Any development of the Reserve would be via a sub-lease, whilst the<br />

Minister also has the right to issue business licences.<br />

Tenure Options for<br />

Development<br />

10.1 Possible Ground Lease Terms<br />

In the event development was to occur on part of the property the<br />

recommended form of tenure to be offered to a proponent is by way<br />

of a ground lease (by virtue of a Crown Land Lease).<br />

Ordinarily development on this type of property would be undertaken on the basis of a long term<br />

lease of the land to a tenant who would construct improvements (tenant improvements) to meet<br />

their business requirements (subject to the approval of the lessor). Alternatively the <strong>Council</strong> could<br />

construct improvements and lease the land and buildings to a tenant, although this involves capital<br />

expenditure and the improvements may not meet the specific requirements of tenants.<br />

For any substantial development by an operator to occur, the proponent is likely to require secure<br />

land tenure. This in part will be required to facilitate financing of any development. Given the land<br />

is and is expected to remain in the ownership of the Crown, freehold land tenure is not expected to<br />

be offered.<br />

Our recommendation to assist facilitating any substantial development is to offer a long term<br />

ground (sub) lease on terms and conditions similar to the following:<br />

Lessor/Landlord Major and Aldermen of the <strong>City</strong> of <strong>Clarence</strong><br />

Lessee/Tenant Yet to be nominated<br />

Demised Premises Land to be defined by way of illustration plan<br />

Commencement Date Yet to be specified<br />

Initial Term 25 yrs<br />

Options 25 yrs<br />

Commencement Rent To be negotiated<br />

Rent Reviews Annualy in accordance with movements in the Consumer Price Index<br />

with the rent reviewed to the market rent of the land every 5 years<br />

Net or Gross Net<br />

Outgoings The tenant is to pay all outgoings including their share of land tax (on<br />

a single holding basis), <strong>Council</strong> Rates and water and serwage rates.<br />

Permitted Use To be agreed<br />

Special Provisions The lessee shall undertake all works required to complete the<br />

development within a specified time frame. If the lessor gives due<br />

notice to complete the development and the lessee fails to complete<br />

the development within the timeframe specified, the lease shall be<br />

surrendered and become null and void.<br />

If required by the lessor, all improvements made by the lessee shall<br />

Page 16


"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

be removed by the lessee at the end of the lease. If the lessor does<br />

not require the tenant improvements to be removed the<br />

improvements shall become the property of the lessor.<br />

Note: It is considered important to include a provision that the development must be undertaken<br />

within an agreed timeframe so that if the tenant fails to develop the property, the lease is<br />

surrendered and other development proponents can be considered.<br />

10.1.1 Ground Lease Rental Structures<br />

There are a number of means by which ground rentals can be determined/established.<br />

Ordinarily where the tenant (and not the landlord) is making a significant capital contribution to the<br />

construction of buildings and other improvements (collectively known as tenant improvements), it is<br />

not appropriate to assess a rental as a percentage of turnover because the majority of that turnover<br />

is generated from the improvements and business which are the property of the lessee (tenant).<br />

Nonetheless these type of lease agreements do exist and certainly this can be an appropriate<br />

method of determining the rent for a new business (where the tenant is concerned about the<br />

affordability of rent) or specialised types of businesses.<br />

Where the tenant is making significant tenant improvements it is more common for the rental to be<br />

negotiated by the parties, based on valuation advice of prevailing market ground rents.<br />

Where the tenant is establishing a new business it is common for the lessor to provide a rent free<br />

period during the period of construction, and if deemed necessary during the first few months or<br />

first year of the lease to assist the tenant establish their business.<br />

Typically at the end of the lease ownership of the tenant improvements unless removed by the<br />

tenant will become the property of the lessor (land owner) and rental payable after that date would<br />

be payable on both the ground and the improvements.<br />

The benefits of an agreed rental are that this is a known quantum from which both the tenant and<br />

landlord can make informed decisions about the lease. Conversely it is a fixed overhead to the<br />

tenant.<br />

The benefits of a rental which is a percentage of turnover are that the rental is set at a<br />

theoretically affordable percentage of sales and therefore reduces the risk of tenant default (it<br />

does not eliminate this risk). Conversely there is no certainty of rent for the landlord, the landlord<br />

shares in business decisions/risks, and if the tenant’s business is successful (which would almost<br />

certainly be a result of their business initiatives, capital investment and management) the tenant<br />

pays a higher rental.<br />

Notwithstanding the above, the quantum and manner of determining a rental payable under a lease<br />

is usually determined through commercial negotiations (either directly or though a commercial real<br />

estate agent or valuer), market forces (ie competition between tenants), with parties ordinarily<br />

seeking expert valuation advice. In the event agreement cannot be reached, the assessment of the<br />

rent can be referred to a valuer or the Australian Property Institute for the rental to be determined<br />

(either as an expert or an arbitrator).<br />

Page 17


10.2 Alternative Casual License Terms<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

In addition to developments which require a long term ground lease (such as a retail café, visitor<br />

centre, tourist accommodation etc), there are likely to be potential commercial uses for the site<br />

which involve more casual or infrequent use of the site.<br />

This could be facilitated by way of issue of licenses (by either the <strong>Council</strong> or the Crown) which could<br />

include the right to use the reserve for bus or scenic tours, exercise/fitness sessions, or<br />

weddings/functions etc. As distinct to members of the public using the reserve for recreational<br />

purposes, in these instances the operators are conducting a commercial venture and it is therefore<br />

considered appropriate that these users contribute financially to assist with the overall<br />

maintenance and development of the site.<br />

11.0 Market Demand & Likely Development:<br />

11.1 Market Demand:<br />

Quantifying market demand within the property market is difficult. There are few statistics on<br />

actual property related data which are available without undertaking detailed specific analysis<br />

which is beyond the scope of this brief.<br />

Demand for property needs to be differentiated between the various sectors ie residential,<br />

industrial, office, retail, tourism etc. Supply and demand within each sector can vary significantly<br />

at any one point in time.<br />

By comparison most commercial developers undertake some preliminary review and make a<br />

judgement as to demand and whether existing or potentially competing supply is adequate to fulfil<br />

that demand ie they make a subjective judgement.<br />

Within a particular sector, where supply satisfies demand, developers may make a judgement that<br />

they can offer a more competitive product (in terms of pricing or quality) within that sector.<br />

Statistics on the broader demographic and economic indicators are provided within the <strong>Clarence</strong><br />

<strong>City</strong> <strong>Council</strong> Prospectus, a copy of which is available on the <strong>Council</strong>’s website.<br />

11.2 Potential Uses:<br />

We have considered likely development uses for the site in light of the RHNRA Management<br />

Strategy, whether such development is likely to be commercially viable (and adequate demand to<br />

justify development) and whether such uses are considered appropriate with the intended character<br />

of the Reserve.<br />

Consideration of these factors is detailed below together with a simplistic rating score (the higher<br />

the rating score the more likely development).<br />

Identified possible land use:<br />

Permitted<br />

/discretionary<br />

use?<br />

Considered<br />

commercially<br />

viable?<br />

Appropriate<br />

for RHNRA?<br />

Rating Score<br />

of Most<br />

Likely &<br />

Suitable Uses<br />

Active Recreation P � � 3<br />

Page 18


"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

Agriculture P � � 1<br />

Aquaculture D � � 0.5<br />

Camping and Caravan Park D � � 0.5<br />

Car Parking X � � 1<br />

Community Building D � � 0.5<br />

Conference Centre Not defined � � 2<br />

Educational or Cultural Centre X � � 1<br />

Extractive Industry D � � 0.5<br />

Forestry D � � 0.5<br />

Major Utility D � � 0.5<br />

Minor Utility P � � 3<br />

Passive Recreation P � � 2<br />

Restaurant D � � 2.5<br />

Take Away Food Shop D � � 2.5<br />

Tourist Accommodation D � � 2.5<br />

Tourist Operation D � � 2.5<br />

Un-defined Uses D Possibly Possibly<br />

All other uses X Possibly �<br />

Some of the identified uses are not consistent with the Management Strategy and therefore should<br />

be dismissed as potential uses.<br />

There are however identified commercial development opportunities which are considered to be<br />

consistent with the management strategy and use of the property as “public land” for nature<br />

conservation and recreational use which could complement and enhance the reserve. These uses<br />

can provide financial returns to provide better maintenance and facilities for use of the reserve by<br />

the general and accordingly sensitive commercial development should therefore be encouraged. In<br />

addition, the <strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> would appear to have an important role to play in terms of the<br />

provision of community facilities which are not commercial viable but would enhance the use and<br />

visitation of the site, improve use and experiences afforded to the local community and which will<br />

underpin viability of appropriate commercial activities.<br />

There are commercial development opportunities which are<br />

considered to be consistent with the management strategy and use<br />

of the property as “public land” for nature conservation and<br />

recreational use which could complement and enhance Rosny Hill<br />

and the public’s use of the Reserve and simultaneously provide the<br />

financial capacity for the improved use and maintenance of the<br />

Reserve. Sensitive commercial development should therefore be<br />

encouraged.<br />

Page 19


11.3 Sensitive Commercial Development Opportunities:<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Of the potential uses considered, the most likely and suitable identified uses are:<br />

� Active Recreation<br />

� Minor Utility<br />

� Restaurant<br />

� Take Away Food Shop<br />

� Tourist Accommodation<br />

� Tourist Operation<br />

Rosny, Tasmania<br />

Specific consideration of these potential uses and how we believe these uses could be applied to the<br />

RHNRA is as follows:<br />

11.3.1 Active Recreation<br />

The RHNRA has a clear and very important role to play in terms of recreational use. To date most<br />

recreational use has been passive, in terms of visiting the site to enjoy views/vistas.<br />

Whilst there are some informal tracks through the site, development of more formal (walking and<br />

bike) tracks and other active recreational facilities (eg outdoor exercise equipment) could play an<br />

important role in the increased use of the site. Provision of such facilities should be viewed in the<br />

context of linkages to other projects or infrastructure within the area including Kangaroo Bay, bike<br />

track to the Tasman Bridge etc.<br />

Development of such facilities would underpin appropriate commercial development opportunities<br />

on the site (eg walkers stopping for a coffee or breakfast, <strong>meeting</strong> for lunch, and improving the<br />

overall ambience/vibe of the site).<br />

There may also be opportunities for use of the reserve by commercial active recreation providers,<br />

such as for use for boot camps or physical outdoor activities (eg abseiling off the former quarry<br />

face). Such activities are probably best accommodated by way of a casual business license rather<br />

than long term lease tenure.<br />

Development of active recreational facilities is unlikely (in the main) to be commercially viable.<br />

<strong>Council</strong> has a clear role in facilitating such development, and this is considered a key ingredient to<br />

the start of an overall project for the RHNRA.<br />

Visitors amenities and interpretive displays or signs are common features of where facilities for<br />

active recreation can be developed in conjunction with or as part of other commercial development<br />

(eg amenities and interpretive signage explaining the flora and fauna and history of the RHNRA at<br />

the entrance or adjoining a restaurant).<br />

11.3.2 Minor Utility<br />

Given the site’s elevation in comparison to surrounding densely populated residential areas, there<br />

may exist opportunities for the location of minor utilities on the site. These could include water or<br />

sewerage pumping stations, telecommunication exchanges, electrical substation, or mobile phone<br />

and data services.<br />

Page 20


"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

Such development should occur on parts of the site which do not compromise other uses and the<br />

aesthetics and character of the reserve.<br />

11.3.3 Restaurant<br />

There are a number of restaurants in the Bellerive/Rosny area and more generally throughout the<br />

Hobart area (eg Botantical Gardens, Cornellian Bay, Mount Nelson signal station etc).<br />

Restaurants can be profitable but gross margins are generally lower than other businesses, and this<br />

compromises the ability of restaurateurs to have the financial willingness and capacity to fund<br />

capital works.<br />

A restaurant located on Rosny Hill is likely to have a commercial advantage to other restaurants in<br />

the area due to the unique site, existing visitation, and vistas. A restaurant at Rosny Hill is<br />

therefore likely to be more commercially viable.<br />

We believe a restaurant is a potential commercial venture that is suitable for RHNRA although its<br />

commercial viability will be conditional/dependant upon development of other facilities at the<br />

Reserve (ie it is unlikely to be self sustaining on its own).<br />

There are various examples of other similar restaurants facilities both in Tasmania and interstate<br />

including:<br />

� Brisbane Lookout (Summit restaurant & café) – www.brisbanelookout.com<br />

� Mount Lofty Summit restaurant and café, SA – www.mtloftysummit.com<br />

11.3.4 Take Away Food Shop<br />

The nature of the reserve does not lend itself to a traditional take away food shop.<br />

Nevertheless an astute restaurateur would offer some take away products in conjunction with and<br />

using the commercial kitchen of a restaurant. We envisage this could be in the form of an adjoining<br />

kiosk for take away coffees and light snacks, which might appeal to active recreational users of the<br />

Reserve.<br />

11.3.5 Tourist Accommodation<br />

Accommodation establishments can achieve some of the highest gross profit margins. This can<br />

provide the commercial justification for major capital works/building programs.<br />

At present there is a complete lack of 4 or 5 star accommodation within the Rosny/Bellerive area.<br />

There are a number of older motel style accommodation establishments but there no facilities<br />

(other than the Airport Hotel) which provide a higher standard of accommodation.<br />

Given the high margins in tourist accommodation, the scale of an accommodation facility can be<br />

kept relatively small (eg possibly 10-15 cabins).<br />

Provided tourist accommodation was developed on the basis of an eco-tourism style venture which<br />

would be unobtrusive to the nature conservation aspects of the reserve, we believe construction of<br />

a tourist accommodation facility is a potential commercial use for the site which would complement<br />

other identified commercial activities (eg restaurant, offering guests active recreational activities<br />

etc).<br />

Page 21


"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

The vistas obtained from RHNRA provide a superb setting and attraction for visitors to the site who<br />

may wish to stay (and dine) overnight.<br />

There are many examples of environmentally sensitive<br />

accommodation facilities which are sympathetic to the<br />

surrounding natural environment and which are located in<br />

higher conservation value areas than RHNRA including National<br />

Parks. Examples include Freycinet Lodge, Coles Bay; Maria Island<br />

Walks; Bay of Fires; Cradle Mountain Huts etc. With modern<br />

sustainable architectural design such facilities can have minimal<br />

impact on the surrounding environment and be aesthetically<br />

unobtrusive.<br />

11.3.6 Tourist Operation<br />

There are potential commercial tourist operations which could be complimentary to the<br />

recreational use of the site. There are a multitude of these potential tourist operations, limited<br />

only by the ingenuity of an operator.<br />

Examples on other sites include:<br />

Page 22


"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

These are example Tourist Operations which would both enhance the overall experience<br />

opportunities for visitors to Hobart yet also appeal to local residents. They are also compatible with<br />

Active Recreational uses and improvements for access, understanding and public appreciation of the<br />

natural conservation values of the RHNRA.<br />

Page 23


12.0 Development Footprints:<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

The RHNRA Management Strategy identifies two possible Development Zones as shown below:<br />

The two identified zones are the most logical given the topography of the site and that natural<br />

vegetation has been disturbed in these areas in the past.<br />

In our view areas outside of the two designated development zones should be considered provided<br />

they remain sensitive to the other constraints (eg vegetation conservation) of the Reserve. For<br />

example the former quarry area on the northern side of the Reserve may be suitable and other<br />

Active Recreational commercial activities could extend through the entire reserve. Ultimately we<br />

believe proposals should not be restricted to defined development zones but rather be assessed<br />

based on their merits and measures taken to meet the other management objectives of the<br />

Reserve. In this regard we are conscious that it would appear there are no threatened vegetation<br />

communities on the site due to the encroachment of surrounding suburban areas, the conservation<br />

value of the Reserve in comparison to other reserves such as National Parks, World Heritage Areas<br />

etc is comparatively low. Conversely the site, due its location in a largely developed area, is well<br />

suited to the pursuit of recreational land uses and complementary commercial activities.<br />

Page 24


"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

Areas outside of the two designated development zones should be considered<br />

provided they remain sensitive to the other constraints of the Reserve. Proposals<br />

should not be restricted to defined development zones but rather be assessed based<br />

on their merits. It would appear the conservation value of the Reserve in<br />

comparison to other reserves (eg National Parks, World Heritage Areas) is<br />

comparatively low. Conversely the site, due its location in a largely developed area,<br />

is well suited to the pursuit of recreational land uses and complementary<br />

commercial activities for the benefit of tourists and the general public.<br />

13.0 Mechanism and Process for Going to Market:<br />

The following is our recommended process for going to market to seek proponents for the sensitive<br />

commercial development of the RHNRA per the comments in this report.<br />

� <strong>Council</strong> obtains a 99 year head-lease from the Crown for the RHNRA at a peppercorn rent;<br />

� <strong>Council</strong> considers recommendations of this report and agrees on development concepts<br />

<strong>Council</strong> believes are appropriate for the site;<br />

� Revision of master plan and design for the site based on <strong>Council</strong>’s preferred future desired<br />

character of the site;<br />

� <strong>Council</strong> undertakes non-commercially viable development to promote increased active<br />

recreational use of the property and provision of services infrastructure which will underpin<br />

and facilitate commercial development;<br />

� <strong>Council</strong> prepares marketing material and defines preferred development standards to be met<br />

by proponents for both leases or business licenses;<br />

� <strong>Council</strong> seeks Expressions of Interest from interested parties for commercial uses of the<br />

RHNRA consistent with <strong>Council</strong>’s preferred development concepts (the Expression of Interest<br />

is to include the proponents proposed sub-lease offer);<br />

� A <strong>Council</strong> evaluation panel and probity officer are appointed to review Expressions of Interest<br />

and short-list preferred proponents;<br />

� <strong>Council</strong> appoints a commercial real estate agent or property consultant to negotiate lease or<br />

license terms with preferred proponents;<br />

� The proponent obtains a planning permit, and any other required business licences, prior to<br />

lease finalisation;<br />

� The lessee completes the development within a specified timeframe (or failing that the lease<br />

is surrendered and other alternative proponents are considered).<br />

An overview of the Expression of Interest Marketing method and why it is considered the most<br />

appropriate is provided in the following section.<br />

13.1 Expression of Interest:<br />

This sale method incorporates an initial calling or advertising for expressions of interest (EOI) in the<br />

form of non-binding offers. Following closing of the EOI period, qualified parties either enter direct<br />

negotiation or are invited to participate in further closed bidding (a two staged EOI process) to<br />

determine the most acceptable offer.<br />

A two staged EOI process typically works as follows:<br />

The property is offered publicly to the market, and interested parties are invited to submit by a<br />

nominated date an EOI form confirming their interest, capability and price range. From the initial<br />

EOI forms, suitably qualified parties are selected and invited to submit by a due date a formal and<br />

final bid. Final bids are normally in the form of a contract for sale. The highest bidder (having<br />

regard to conditions and capability) is then accepted by the vendor, contracts are exchanged and<br />

the deposit paid.<br />

Page 25


"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

Depending on the complexity of the property and the level of due diligence required to lodge a<br />

signed contract, purchasers may not be willing to participate in a second stage if a signed contract<br />

is required. In such cases, a preferred party may be selected and provided an exclusive period in<br />

which to complete due diligence and exchange contracts at the agreed price.<br />

Benefits of expression of interest include:<br />

� It is a commonly accepted method of sale in commercial property markets;<br />

� The method is similar but less formal and more flexible to a public tender campaign;<br />

� All prospective purchasers are given the opportunity to submit an EOI;<br />

� The method is nationally and internationally accepted due to the opportunity to participate<br />

in the first stage of the process with limited time and costs associated;<br />

� Flexibility in terms offered can often influence the purchase price. Expressions of Interest<br />

allow variations to a standard contract of sale enhancing the prospect of maximisation of<br />

price to the vendor.<br />

� The method allows confidentiality of information to the invited bidders;<br />

� The method imposes timeframes for a receipt of EOI;<br />

� Agents will have access to a database of prospective purchasers to invite to submit an EOI;<br />

� After receipt of EOIs negotiations can be undertaken confidentially;<br />

� An agent facilitates negotiations between the buyer and the vendor and can identify common<br />

ground;<br />

� The method is able to facilitate conditions precedent to a sale by either the prospective<br />

purchaser or vendor;<br />

� The method can allow the vendor to assess various expressions of interest to achieve the best<br />

outcome. This can be of significant benefit in assessing differing development projects which<br />

requires greater consideration than just the proceeds of sale (price);<br />

� The method can be used as a fore-runner to other methods of sale eg sale by private treaty<br />

with preferred parties;<br />

Limitations of expression of interest include:<br />

� The method does not (on its own) promote competition between purchasers;<br />

� The method can be criticised to be secretive by unsuccessful parties;<br />

� Documentation required to be prepared in the EOI process may compel the prospective<br />

purchasers to incur costs without any guarantee of success;<br />

� Some purchasers are intimidated by the method;<br />

The EOI process is considered the most appropriate marketing method for the sale or leasing of a<br />

leasehold interest in the RHNRA because:<br />

� It provides <strong>Council</strong> with the opportunity to consider potential uses put forward by proponents<br />

before deciding on the preferred development concept;<br />

� It allows <strong>Council</strong> to balance the interests of the general public with the interests of<br />

commercial operators;<br />

� The method is transparent and provides an opportunity for any party to express an interest in<br />

the proposed future use of the site;<br />

� The nature of the site requires flexibility in terms of commercial negotiations for the<br />

development of the site;<br />

Page 26


14.0 Concluding Comments<br />

"Rosny Hill Nature Recreation Area" 12A Akuna Street<br />

Rosny, Tasmania<br />

The “Rosny Hill Nature and Recreation Area” is a unique site which enjoys supberb vistas<br />

overlooking the River Derwent, the Eastern Shore, <strong>City</strong> of Hobart and Mount Wellington. It is a<br />

popular reserve for local residents and tourists and is presently used for some commercial business<br />

activities (such as bus tours).<br />

Although the site has regular visitors, there are no public facilities and the site is under utilised and<br />

under developed.<br />

The site should continue to be preserved as a reserve for flora and fauna conservation, and for the<br />

use and enjoyment of the general public as a recreational reserve. This should not preclude<br />

sensitive or appropriate commercial activities or development which could provide financial<br />

contributions which will enhance the use and maintenance of the reserve for the future benefit of<br />

the community.<br />

Author<br />

Counter Signatory<br />

William Reynolds<br />

AAPI, B.Bus (L.Ec), CPV<br />

API Member 40064<br />

Director<br />

Richard Steedman<br />

AAPI, B.Comm (Prop), CPV<br />

API Member 40071<br />

Senior Valuer<br />

Important This report is subject to the definitions, qualifications and disclaimers and other<br />

comments contained within this report.<br />

Counter Signatory The counter signatory confirms that the report is genuine and is endorsed by<br />

Opteon (Tasmania). The counter signatory may not have formally inspected the<br />

property. The opinions herein have been arrived at by the principal signatory.<br />

Report Version <strong>2012</strong>[Commercial Comprehensive]: Version 1<br />

Page 27


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 212<br />

11.7.3 RESPONSE TO LGAT - STATUTORY WASTE LEVY<br />

(File No 30-08-00)<br />

EXECUTIVE SUMMARY<br />

PURPOSE<br />

To consider a request received from the Local Government Association of Tasmania<br />

(LGAT) seeking <strong>Council</strong>’s position in regard to a proposal for a Statutory Waste<br />

Levy.<br />

RELATION TO EXISTING POLICY/PLANS<br />

<strong>Council</strong>’s adopted position opposes any proposal to negotiate or have imposed a<br />

mandated waste levy.<br />

LEGISLATIVE REQUIREMENTS<br />

Nil.<br />

CONSULTATION<br />

No consultation has been undertaken by <strong>Council</strong> on this proposal.<br />

FINANCIAL IMPLICATIONS<br />

There are no immediate financial implications arising out of the report’s<br />

recommendations. However, the imposition of a waste levy will have direct impact<br />

on future Annual Operating Plans and the Waste Rate charged to the community.<br />

RECOMMENDATION:<br />

That in response to the request received from the Local Government Association of<br />

Tasmania seeking <strong>Council</strong>’s position in regard to a proposed Statutory Waste Levy,<br />

<strong>Council</strong> advises the Local Government Association of Tasmania, either:<br />

A. <strong>Council</strong> maintains its adopted policy position of not supporting a statutory<br />

waste levy.<br />

OR<br />

B. <strong>Council</strong> endorses the Local Government Association of Tasmania<br />

recommendation as follows:<br />

� That <strong>Council</strong> endorses the proposal to introduce a statutory waste levy<br />

of $10 per tonne to be collected via public and private landfills.<br />

� That the funding be allocated on the basis of 20% to regional waste<br />

bodies; 10% to the EPA and 70% to the Waste to Resources Funding<br />

Pool.<br />

� That these arrangements be the basis that the funding is directly<br />

hypothecated to activities that reduce the volume of waste going to<br />

landfill and is not absorbed into the State Government Consolidated<br />

Fund.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 213<br />

� That the Waste Advisory Committee be formally acknowledged within<br />

the legislation as having an integral role in the disbursement of funds<br />

from the Waste to Resources Funding Pool, providing<br />

recommendations to the EPA Board in accordance with relative<br />

priorities in the Waste to Resources Strategy.<br />

___________________________________________________________________________<br />

ASSOCIATED REPORT<br />

1. BACKGROUND<br />

1.1. In 2009 the Southern Tasmanian <strong>Council</strong>s Authority (STCA) convened a<br />

working party comprising officers of the STCA, Southern Waste Strategy<br />

Authority (SWSA) and member <strong>Council</strong>s. A report from this group was<br />

circulated to the member <strong>Council</strong>s and at its Meeting on 30 November 2009<br />

<strong>Council</strong> resolved:<br />

“A. That <strong>Council</strong> endorses the working party recommendations<br />

in relation to the governance structure for SWSA and waste<br />

management in Southern Tasmania, and that the STCA and<br />

SWSA functions be merged.<br />

B. In relation to the waste levy proposed, <strong>Council</strong> opposes any<br />

proposal to negotiate or have imposed a mandated waste<br />

levy”.<br />

1.2. The STCA conducted a Workshop on 19 January 2010 and drafted a further<br />

set of recommendations, set out below, for the member <strong>Council</strong>s to consider<br />

prior to the SWSA Board Meeting on 26 February 2010.<br />

“Negotiations commence immediately with the State Government<br />

and Local Government in the North West and North both directly<br />

and through the Waste Advisory Committee (WAC) to determine<br />

whether a process backed by State legislation can be agreed upon<br />

which will:<br />

i. Raise sufficient funds to finance waste reduction and waste<br />

management initiatives;<br />

ii. Achieve the overall goal of equitable funding and<br />

management of waste issues into the future;<br />

iii. Restrict the use of such funds to waste reduction and waste<br />

management initiatives; and<br />

iv. Protect and preserve Local Government’s interests”.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 214<br />

At the time this motion was put to the member <strong>Council</strong>s of the STCA and<br />

<strong>Clarence</strong> <strong>City</strong> <strong>Council</strong> did not support it.<br />

1.3. At its Meeting of 22 February 2010, <strong>Council</strong> considered recommendations<br />

from the SWSA Board in relation to the operation of SWSA and <strong>Council</strong><br />

resolved as follows.<br />

“A. That <strong>Council</strong> endorses the recommendations of the SWSA<br />

Board in relation to the review of finances and governance of<br />

SWSA.<br />

B. That <strong>Council</strong> advises the SWSA Board that its support for the<br />

recommendations is conditional on the preparation of the<br />

SWSA Annual Business Plan for 2010/2011 and its<br />

circulation to <strong>Council</strong> prior to the adoption of <strong>Council</strong>’s<br />

Annual Operating Plan”.<br />

1.4. At its Meeting of 26 February 2010, the SWSA Board adopted the following:<br />

“SWSA instruct its CEO (the Southern Tasmania representative on<br />

the Waste Advisory Committee) to take into account the views<br />

expressed by member <strong>Council</strong>s in their response to the STCA’s<br />

request regarding future funding options for waste management<br />

activities during WAC discussions regarding the funding of waste<br />

management activities;…”.<br />

1.5. At its Meeting of 2 May 2011, <strong>Council</strong> considered recommendations from the<br />

SWSA Board in relation to the Blue Environment report “Waste Management<br />

2020 and Beyond” and resolved as follows.<br />

“That in response to the key matters arising out of the Blue<br />

Environment Waste Management 2020 and beyond report, <strong>Council</strong><br />

advises the SWSA Board as follows:<br />

� <strong>Council</strong> views that a regional waste authority (SWSA or<br />

another regional body) should not continue to exist; and<br />

� <strong>Council</strong> resolves to maintain its adopted policy position of<br />

not supporting a mandated waste levy and cannot support the<br />

establishment of a joint local/State recovery authority”.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 215<br />

2. REPORT IN DETAIL<br />

2.1. The LGAT General Meeting on 6 April 2011 adopted a motion that changed<br />

the LGAT Policy on a waste levy. LGAT no longer opposes the waste levy<br />

and authorised the commencement of discussions with the 3 regional waste<br />

groups and the State Government regarding the waste levy and governance<br />

models. <strong>Clarence</strong> <strong>City</strong> <strong>Council</strong>, Devonport <strong>City</strong> <strong>Council</strong> and West Tamar<br />

<strong>Council</strong> opposed the motion.<br />

2.2. A series of <strong>meeting</strong>s and discussions have been held between representatives<br />

from the State Government, LGAT and the 3 regional waste groups. A<br />

discussion paper has now been prepared and LGAT has now written to all<br />

<strong>Council</strong>s on a proposal to support the introduction of a Waste Levy. A copy<br />

of the letter from LGAT and the discussion paper “The proposal to introduce<br />

a Statutory Waste Levy” is Attachment 1.<br />

2.3. LGAT have asked <strong>Council</strong>s to consider this paper and the recommendations<br />

made in the paper and provide written comments by 23 <strong>June</strong> <strong>2012</strong> The views<br />

of the <strong>Council</strong>s are to be considered at the LGAT General Meeting to be held<br />

in July <strong>2012</strong>.<br />

2.4. In summary the recommendations ask <strong>Council</strong>s to endorse a statutory waste<br />

levy, detail the division of funds derived from the levy and specify that all<br />

funds are to be directed to waste management activities and not absorbed into<br />

the State Government consolidated funds.<br />

2.5. The specific recommendations made in the paper are as follows:<br />

“� That <strong>Council</strong>s endorse the proposal to introduce a statutory<br />

waste levy of $10 per tonne to be collected via public and<br />

private landfills;<br />

� That the funding be allocated on the basis of 20% to regional<br />

waste bodies; 10% to the EPA and 70% to the Waste to<br />

Resources Funding Pool;<br />

� That these arrangements be on the basis that the funding is<br />

directly hypothecated to activities that reduce the volume of<br />

waste going to landfill and is not absorbed into the State<br />

Government Consolidated Fund;


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 216<br />

� That the WAC be formally acknowledged within the<br />

legislation as having an integral role in the disbursement of<br />

funds from the Waste to Resources Funding Pool, providing<br />

recommendations to the EPA Board in accordance with<br />

relative priorities in the Waste to Resources Strategy”.<br />

2.6. As <strong>Council</strong> has an established policy position opposing any mandated waste<br />

levy it is appropriate to consider the possible benefits that a statutory waste<br />

levy may derive as a market-based economic instrument. A waste levy would<br />

potentially serve a number of purposes.<br />

� provide financial incentive to recover and recycle rather than deposit<br />

waste in landfill and provides a price signal to waste generators that<br />

landfill disposal has additional, sometimes hidden, costs;<br />

� enables the collection of a levy on Commercial and Industrial (C&I)<br />

waste which comprises the largest portion of waste to landfill;<br />

� provides funds for waste minimisation and recovery programs which<br />

are more effectively undertaken at a strategic level (eg strengthening<br />

recycling markets, addressing infrastructure inadequacies); and<br />

� help to balance the price differential between existing landfill systems<br />

and new technologies, facilitating the introduction of innovative<br />

approaches to waste processing.<br />

The waste levy can be used to fund Waste Authorities whose charter can<br />

include principles and functions such as:<br />

� development and co-ordination of State and Local Government waste<br />

policies;<br />

� development, administration and monitoring of State waste strategies;<br />

� provision of assistance to Local Government with arrangements for<br />

regional waste management;<br />

� commissioning, support and collaboration on research into waste<br />

management and resource recovery practices and issues;<br />

� development of standards and best practice guidance in relation to<br />

waste technologies, systems, infrastructure and practices;<br />

� co-ordination of education initiatives;<br />

� data collection and reporting; and


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 217<br />

� support the development of sustainable markets for recovered<br />

resources.<br />

2.7. Given <strong>Council</strong> has considered this matter on a number of occasions and<br />

maintained an established policy position opposing any mandated waste levy,<br />

the consideration of the LGAT recommendation is a matter for <strong>Council</strong>.<br />

3. CONSULTATION<br />

3.1. Community Consultation<br />

Nil.<br />

3.2. State/Local Government Protocol<br />

Not applicable.<br />

3.3. Other<br />

Nil.<br />

4. STRATEGIC PLAN/POLICY IMPLICATIONS<br />

<strong>Council</strong>’s Strategic Plan 2010-2015 has as 1 of its Governance Objectives: “To<br />

provide leadership in representing the interests of the <strong>City</strong>”.<br />

And within this Objective the Strategies:<br />

“Actively engage Government and other organisations in the pursuit of<br />

community priorities.<br />

Develop strategic alliances and partnerships to best represent <strong>Clarence</strong>.<br />

Participate in regional, local and State representative bodies”.<br />

5. EXTERNAL IMPACTS<br />

Nil.<br />

6. RISK AND LEGAL IMPLICATIONS<br />

Nil.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 218<br />

7. FINANCIAL IMPLICATIONS<br />

7.1. The discussion paper proposes that the Waste Advisory Committee (WAC) be<br />

charged with the role of allocating 70% the funds derived from the waste levy<br />

to suitable waste projects. Local Government has only 3 of the 7 votes on this<br />

Committee so the monies allocated to Local Government resources may<br />

potentially be limited.<br />

7.2. However, 20% of the funds would be directed to the 3 regional Local<br />

Government waste bodies and this represents around the same level of funding<br />

as raised by the existing voluntary levy. This would then remove the<br />

allocation in the budget to fund SWSA.<br />

7.3. The introduction of a statutory waste levy will have financial implications in<br />

future years operating plans as the costs associated with waste management<br />

activities that send waste to landfill will increase by the $10/tonne levy. These<br />

costs would apply to <strong>Council</strong>’s residential kerbside waste collection service,<br />

the CSO payment for waste at the Waste Transfer Station and the disposal<br />

costs for waste collected as a part of <strong>Council</strong>’s litter operations.<br />

8. ANY OTHER UNIQUE ISSUES<br />

Not applicable.<br />

9. CONCLUSION<br />

9.1. LGAT have asked <strong>Council</strong> to consider a discussion paper outlining a proposal<br />

to introduce a statutory waste levy. The paper contains 4 specific<br />

recommendations that provide for a statutory waste levy, detail the division of<br />

funds derived from the levy and specify that all funds are to be directed to<br />

waste management activities and not absorbed into the State Government<br />

consolidated funds.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 219<br />

9.2. <strong>Council</strong> has an adopted policy position of not supporting a mandated waste<br />

levy, however, if a waste levy is introduced it is reasonable that all funds<br />

raised are used only for waste management purposes and distributed on a pre-<br />

agreed formula. The proposal being put forward by LGAT adopts this<br />

process.<br />

Attachments: 1. LGAT letter and Discussion Paper (6)<br />

John Stevens<br />

GROUP MANAGER ASSET MANAGEMENT


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 226<br />

11.7.4 SOUTH ARM PENINSULA RESIDENTS’ ASSOCIATION COMMUNITY<br />

CENTRE - FUTURE MANAGEMENT<br />

(File No C081-9)<br />

EXECUTIVE SUMMARY<br />

PURPOSE<br />

To consider the future management arrangement of the South Arm Community Centre<br />

and the associated loan repayment to <strong>Council</strong>.<br />

RELATION TO EXISTING POLICY/PLANS<br />

� <strong>Council</strong>’s Leased Facilities and Pricing Term of Lease Policy is applicable.<br />

� <strong>Council</strong>’s adopted Strategic Plan (2010-20150 is applicable.<br />

LEGISLATIVE REQUIREMENTS<br />

� Section 178 of the Local Government Act, 1993 is applicable.<br />

� Section 77 Grants and Benefits provision of the Local Government Act, 1993<br />

is applicable and if granted will be included in the Annual Report.<br />

CONSULTATION<br />

Consultation has occurred between <strong>Council</strong> officers and South Arm Peninsula<br />

Residents’ Association Committee Members.<br />

FINANCIAL IMPLICATIONS<br />

If adopted, the Recommendation will result in a minor change in <strong>Council</strong>’s Annual<br />

Plan, however, would not require amendment to the Annual Estimates.<br />

RECOMMENDATION:<br />

A. That <strong>Council</strong> continues its lease of the South Arm Community Centre to South<br />

Arm Peninsula Residents’ Association at a nominal rental of $1 per annum<br />

subject to the Centre being used as a multi-use community facility based on<br />

the following:<br />

� <strong>Council</strong> maintains the grounds surrounding the Centre;<br />

� <strong>Council</strong> continues to be responsible for the structural integrity of the<br />

building;<br />

� the South Arm Peninsula Residents’ Association be responsible for<br />

internal maintenance of the facility, power and gas charges, service<br />

charges (if applicable) and Rates.<br />

B. That <strong>Council</strong> agrees to waive, by way of grant under Section 77 of the Local<br />

Government Act, 1993, the balance of the current loan of $39,662.94 to allow<br />

the South Arm Peninsula Residents’ Association to manage the facility by<br />

using the rental received from hiring the Centre to pay for the day-to-day<br />

running expenses of the Centre.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 227<br />

SOUTH ARM PENINSULA RESIDENTS’ ASSOCIATION COMMUNITY CENTRE -<br />

FUTURE MANAGEMENT /contd…<br />

___________________________________________________________________________<br />

ASSOCIATED REPORT<br />

1. BACKGROUND<br />

1.1. The South Arm Peninsula Residents’ Association (SAPRA) leases from<br />

<strong>Council</strong> the South Arm Community Centre. <strong>Council</strong> approved the sub-leasing<br />

of the Centre exclusively to a commercial operator to use the facility as a child<br />

Care Centre in 2005.<br />

1.2. The most recent lease between SAPRA and <strong>Council</strong> expired on 31 December<br />

2011. <strong>Council</strong>, at its Meeting of 17 October 2011 approved the renewal of the<br />

lease for a further term of 10 years with SAPRA to continue repaying its<br />

existing loan agreement with <strong>Council</strong> using the rental it receives from the<br />

commercial child care operator.<br />

1.3. SAPRA has advised <strong>Council</strong> that the most recent commercial child care<br />

operator has vacated the Centre and it has requested <strong>Council</strong> to consider the<br />

future management arrangement of the Centre.<br />

2. REPORT IN DETAIL<br />

2.1. The South Arm Community Centre was proposed in 1993 by SAPRA, a group<br />

of local community members which had undertaken extensive local<br />

fundraising and had obtained financial assistance from Federal, State and<br />

Local Government to build the Centre. The Centre was completed and opened<br />

in 1997.<br />

2.2. Funding for the Centre was provided from the following sources:<br />

<strong>Council</strong> land purchase $61,000<br />

<strong>Council</strong> loan $60,000<br />

State Government Grant $145,000


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 228<br />

Commonwealth Government Funding $145,000<br />

SAPRA community fundraising $97,000<br />

TOTAL $443,000.<br />

2.3. The facility was officially opened in 1997 and has been managed for the<br />

community by SAPRA in accordance with a Lease Agreement with <strong>Council</strong>.<br />

2.4. In 2005 SAPRA obtained <strong>Council</strong> approval to sub-let the facility exclusively<br />

to a commercial child care operator and any revenue derived to off-set the loan<br />

repayments to <strong>Council</strong> for the facility.<br />

2.5. On 17 October 2011, <strong>Council</strong> approved the renewal of a Lease Agreement<br />

with SAPRA for a term of 10 years allowing the sub-letting of the Centre to a<br />

commercial child care operator.<br />

2.6. There have been 4 commercial child care contractors that have sub-let the<br />

facility, with the most recent contract ending during February <strong>2012</strong> as the<br />

contractor did not wish to extend the agreement. The closure of the Centre as<br />

a child care facility is due to it not being a viable business for the South Arm<br />

area.<br />

2.7. During the period of sub-letting the facility to child care operators SAPRA has<br />

reduced its loan with <strong>Council</strong> to $39,662.94 which demonstrates the goodwill<br />

of the Association.<br />

2.8. SAPRA has approached <strong>Council</strong> to amend the purpose of its lease<br />

arrangement to a multi-use Community Centre and has also sought for <strong>Council</strong><br />

to waive the loan agreement. This would enable SAPRA to have a fresh start<br />

in managing the facility without the burden of finding revenue to pay off a<br />

loan.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 229<br />

2.9. Under the proposal put forward by SAPRA a committee within SAPRA has<br />

been formed which will be solely responsible for managing the facility for<br />

community use. Any rental raised from hiring of the Centre will be used by<br />

SAPRA to pay for the day-to-day running expenses of the facility.<br />

2.10. SAPRA intends to continue using the Centre for <strong>meeting</strong>s and storage. The<br />

following groups are either using the Centre or intend to use the Centre in the<br />

near future. They are as follows:<br />

� Community Emergency Response Team - a group of local volunteers<br />

who attend medical emergencies in the first instance. This is a project<br />

funded through the Tasmanian Ambulance Service and SAPRA<br />

administers the Team’s funds. They have moved into the Centre and<br />

use it as their base and for training;<br />

� the South Arm Market has returned to the Centre;<br />

� Garden Club;<br />

� Coastcare Group;<br />

� Art Group;<br />

� Playgroup.<br />

2.11. A sub-committee of SAPRA for heritage and history has been formed to<br />

identify and progress projects for the South Arm Peninsula. It is proposed to<br />

investigate the development of a history room within the Centre.<br />

2.12. It is considered that any future lease arrangement should be on the same basis<br />

as the South Arm Calverton Hall Committee in that SAPRA will have its own<br />

public liability insurance and its annual accounts will not form part of<br />

<strong>Council</strong>’s own Annual Financial Statement. As with the South Arm Calverton<br />

Hall, <strong>Council</strong> is already responsible for the structural repairs to the Centre<br />

building. Mowing of the grounds surrounding the SAPRA Centre can be<br />

undertaken by <strong>Council</strong> at the same time as work crews attend to the<br />

maintenance of the South Arm Recreation Ground. This would be a minimal<br />

cost to <strong>Council</strong>.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 230<br />

2.13. The reversion in use of the Centre from commercial child care to a multi-use<br />

community centre will mean a reduction in the rental received by SAPRA.<br />

Community groups that hire the Centre will pay an hourly hire fee similar to<br />

other halls/community centres owned by <strong>Council</strong>, however, it is anticipated<br />

that this revenue will not be sufficient for SAPRA to meet repayment of the<br />

loan. In light of this it is considered that SAPRA’s request for the waiving of<br />

the loan balance is justified.<br />

2.14. SAPRA has maintained a good relationship with <strong>Council</strong>, is perceived as a<br />

group with a high community profile and is very active. It has worked with<br />

<strong>Council</strong> on a number of successful community projects, including recently the<br />

erection of a community BBQ on the South Arm Recreation Ground. Through<br />

the efforts of SAPRA the South Arm community has demonstrated a high<br />

level of community self-sufficiency which is unparalleled elsewhere in the<br />

<strong>City</strong> of <strong>Clarence</strong>.<br />

3. CONSULTATION<br />

3.1. Community Consultation<br />

No public consultation has occurred.<br />

3.2. State/Local Government Protocol<br />

Nil.<br />

3.3. Other<br />

Discussions have occurred between representatives of SAPRA, Aldermen and<br />

<strong>Council</strong> officers.<br />

4. STRATEGIC PLAN/POLICY IMPLICATIONS<br />

4.1. <strong>Council</strong>’s adopted Strategic Plan (2010-2015) Social Inclusion states that<br />

<strong>Council</strong> will support local communities to build on existing capacity and<br />

progress their health and well-being by doing the following:<br />

� provide essential infrastructure to support, sustain and enhance<br />

community safety and social well-being;


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 231<br />

� develop and implement plans and programs that respond to community<br />

safety and well-being issues;<br />

� prepare plans to create a sense of place for local communities;<br />

� develop and implement Asset Management Plans that respond to the<br />

identified needs of local communities;<br />

� facilitate the provision of needed public facilities;<br />

� recognise contributions of community groups and volunteers.<br />

5. EXTERNAL IMPACTS<br />

Nil.<br />

6. RISK AND LEGAL IMPLICATIONS<br />

6.1. After <strong>Council</strong>’s decision of 17 October 2011, a Notice of Intention to Lease<br />

was advertised in accordance with Section 178 of the Local Government Act,<br />

1993. No objections to the leasing of the facility were received.<br />

6.2. <strong>Council</strong>, should it agree, can waive the current loan balance in accordance<br />

with the Grants and Benefits Provisions of Section 77 of the Local<br />

Government Act, 1993. The details of any grant made or benefit provided are<br />

to be included in the Annual Report of <strong>Council</strong>.<br />

7. FINANCIAL IMPLICATIONS<br />

There will be no significant implications for the Annual Plan should approval be<br />

given to waive the loan agreement between <strong>Council</strong> and SAPRA.<br />

8. ANY OTHER UNIQUE ISSUES<br />

SAPRA is a not for profit organisation that is prepared to manage the South Arm<br />

Community Centre as a multi use Centre for the benefit of the South Arm Peninsula<br />

community.


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 232<br />

9. CONCLUSION<br />

9.1. SAPRA is a motivated active group of residents who represent the South Arm<br />

Peninsula community. It is well known as being very hands-on with its<br />

approach to projects and has been successful in producing public amenities<br />

such as the multi-user bike path, public seating, Opossum Bay Park<br />

landscaping and maintenance, developing a History/Heritage and Cultural<br />

Plan and the avenue of flowering gums.<br />

9.2. The leasing of the South Arm Community Centre to SAPRA as a multi-use<br />

Community Centre is supported, together with the existing loan agreement<br />

with <strong>Council</strong> being waived. This would give due recognition by <strong>Council</strong><br />

towards the South Arm community and its consistently high level of<br />

community volunteer activities in the South Arm area.<br />

Attachments: Nil.<br />

Andrew Paul<br />

GENERAL MANAGER


CLARENCE CITY COUNCIL – GOVERNANCE- 4 JUNE <strong>2012</strong> 233<br />

11.7.5 SOUTH ARM CALVERTON HALL AND RECREATION GROUND LEASE<br />

AGREEMENT<br />

(File No H002-21)<br />

EXECUTIVE SUMMARY<br />

PURPOSE<br />

To consider entering into a new Lease Agreement with the South Arm Calverton Hall<br />

Management Committee for the management of the South Arm Calverton Hall and<br />

Recreation Ground.<br />

RELATION TO EXISTING POLICY/PLANS<br />

� <strong>Council</strong>’s Leased Facilities and Pricing Term of Lease Policy is applicable.<br />

� <strong>Council</strong>’s adopted Strategic Plan (2010-2015) is applicable.<br />

LEGISLATIVE REQUIREMENTS<br />

Section 177 of the Local Government Act, 1993, is applicable.<br />

CONSULTATION<br />

No public consultation has occurred in regard to the proposal.<br />

FINANCIAL IMPLICATIONS<br />

The Recommendation has no direct implications on <strong>Council</strong>’s Annual Plan.<br />

RECOMMENDATION:<br />

A. That <strong>Council</strong>, in accordance with Section 178 of the Local Government Act,<br />

1993 gives notice of its intention to lease the South Arm Calverton Hall and<br />

Recreation Ground to the South Arm Calverton Hall Management Committee<br />

Inc.<br />

B. That provided the notice of intention to lease process is finalised and no<br />

objections are received, <strong>Council</strong> enters into a lease with the South Arm<br />

Calverton Hall Management Committee Inc for a term of 5 years and renews<br />

the lease in accordance with the delegation issued to the General Manager<br />

under Section 179 of the Local Government Act, 1993.<br />

C. That the annual rental for the term of the lease be at a nominal amount of<br />

$1.00 per annum.<br />

NB: An Absolute Majority is required for a decision on this matter.


CLARENCE CITY COUNCIL - GOVERNANCE- 4 JUNE <strong>2012</strong> 234<br />

SOUTH ARM CALVERTON HALL AND RECREATION GROUND LEASE<br />

AGREEMENT /contd…<br />

___________________________________________________________________________<br />

ASSOCIATED REPORT<br />

1. BACKGROUND<br />

1.1. At the time of <strong>Council</strong>’s takeover of the South Arm Calverton Hall and<br />

Recreation Ground, arrangements were made with the then Hall Committee to<br />

enter into a Lease Agreement with <strong>Council</strong> in order for that organisation to<br />

retain a degree of independence which it had previously enjoyed.<br />

1.2. For a short period of time between 1993 and 1996 the Committee became a<br />

Special Committee of <strong>Council</strong>. However, after a number of discussions<br />

between Aldermen and Committee members the Committee decided to again<br />

become incorporated and reverted to the lease arrangement.<br />

1.3. <strong>Council</strong> entered into a Lease Agreement with the South Arm Calverton Hall<br />

Management Committee Inc in 1996 to manage the South Arm Calverton Hall<br />

and Recreation Ground. The lease is due to expire on 30 <strong>June</strong> <strong>2012</strong>.<br />

1.4. The Management Committee has requested a new Lease Agreement with<br />

<strong>Council</strong> to continue the current management arrangement of the Hall and<br />

Recreation Ground.<br />

2. REPORT IN DETAIL<br />

2.1. The South Arm Calverton Hall Management Committee Inc has managed the<br />

South Arm Calverton Hall and Recreation Ground in accordance with a Lease<br />

Agreement with <strong>Council</strong> since 1996.<br />

2.2. During 1996 the Committee became an incorporated body and entered into a<br />

Lease Agreement with <strong>Council</strong>. The Lease Agreement terms and conditions<br />

were modelled around the standard constitution hall/centre management<br />

committees operate within.


CLARENCE CITY COUNCIL - GOVERNANCE- 4 JUNE <strong>2012</strong> 235<br />

2.3. The Committee functions in much the same way as a Committee of <strong>Council</strong>,<br />

including provision for a <strong>Council</strong> representative appointee to the Management<br />

Committee.<br />

2.4. The Committee holds its own public liability insurance and its annual accounts<br />

do not form part of <strong>Council</strong>’s own Annual Financial Statements. However,<br />

budget provisions for the maintenance of the building fabric and grounds<br />

remain the responsibility of <strong>Council</strong>.<br />

2.5. The lease arrangement has been working very well and the Hall and<br />

Recreation Ground is used extensively by community groups. The Committee<br />

has worked hard and raised money which has been used to upgrade the Hall<br />

kitchen, install motorised stage curtains and it has also replaced the tennis<br />

court fence. The Committee was successful in obtaining a Sport and<br />

Recreation Grant to resurface the tennis court. <strong>Council</strong> also contributed to this<br />

project.<br />

3. CONSULTATION<br />

3.1. Community Consultation<br />

No public consultation has occurred, however, this will occur through the<br />

statutory public land advertising process.<br />

3.2. State/Local Government Protocol<br />

Nil.<br />

3.3. Other<br />

Nil.<br />

4. STRATEGIC PLAN/POLICY IMPLICATIONS<br />

<strong>Council</strong>’s adopted Strategic Plan (2010-2015) Social Inclusion states that <strong>Council</strong> will<br />

support local communities to build on existing capacity and progress their health and<br />

well-being by doing the following:


CLARENCE CITY COUNCIL - GOVERNANCE- 4 JUNE <strong>2012</strong> 236<br />

� provide essential infrastructure to support, sustain and enhance community<br />

safety and social well-being;<br />

� develop and implement plans and programs that respond to community safety<br />

and well-being issues;<br />

� prepare plans to create a sense of place for local communities;<br />

� develop and implement Asset Management Plans that respond to the identified<br />

needs of local communities;<br />

� facilitate the provision of needed public facilities;<br />

� recognise contributions of community groups and volunteers.<br />

5. EXTERNAL IMPACTS<br />

Nil.<br />

6. RISK AND LEGAL IMPLICATIONS<br />

6.1. The Local Government Act, 1993 allows for <strong>Council</strong> to dispose of its land by<br />

leasing, however, draws very clear definition between ordinary <strong>Council</strong> land<br />

holding and land which it classes as “public land”. The 2005 amendments to<br />

the Local Government Act require that if <strong>Council</strong> intends to lease public land<br />

it is to undertake formal public processes in accordance with the Act as though<br />

it was disposing of the public land.<br />

6.2. The disposal of public land by leasing is required to follow a set statutory<br />

process. The following outlines the process required:<br />

� a <strong>Council</strong> resolution by Absolute Majority is required;<br />

� <strong>Council</strong> is to publish its intention in the daily newspaper on 2 separate<br />

occasions;<br />

� <strong>Council</strong> is to notify the public that objections may be made to the<br />

<strong>Council</strong> within 21 days;<br />

� if <strong>Council</strong> does not receive any objections it may lease or otherwise<br />

dispose of the land, however, before disposing of any land, <strong>Council</strong> is<br />

to obtain a valuation of the land from the Valuer General or a person<br />

who is qualified to practice as a land valuer;


CLARENCE CITY COUNCIL - GOVERNANCE- 4 JUNE <strong>2012</strong> 237<br />

� if <strong>Council</strong> receives objections it must consider any objections received<br />

and advise the objector of its decision;<br />

� the objector may appeal to the Resource Management and Planning<br />

Appeals Tribunal (RMPAT) against <strong>Council</strong>’s decision within 14 days;<br />

and<br />

� the RMPAT decision on the appeal is final and neither party can appeal<br />

further, as the legislation prohibits an appeal to the Supreme Court.<br />

7. FINANCIAL IMPLICATIONS<br />

The Recommendation has no direct implications on <strong>Council</strong>’s Annual Plan.<br />

8. ANY OTHER UNIQUE ISSUES<br />

The South Arm Calverton Hall Management Committee Inc is a not for profit<br />

organisation that manages a <strong>Council</strong> facility for the benefit of the South Arm<br />

Peninsula area and the whole <strong>Clarence</strong> community.<br />

9. CONCLUSION<br />

The continuation of the current lease arrangement with the South Arm Calverton Hall<br />

Management Committee is supported.<br />

Attachments: Nil.<br />

Andrew Paul<br />

GENERAL MANAGER


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 238<br />

12. ALDERMEN’S QUESTION TIME<br />

An Alderman may ask a question with or without notice at <strong>Council</strong> Meetings. No debate is<br />

permitted on any questions or answers.<br />

12.1 QUESTIONS ON NOTICE<br />

(Seven days before an ordinary Meeting, an Alderman may give written notice to the General<br />

Manager of a question in respect of which the Alderman seeks an answer at the <strong>meeting</strong>).<br />

Nil.<br />

12.2 ANSWERS TO QUESTIONS ON NOTICE<br />

Nil.<br />

12.3 ANSWERS TO PREVIOUS QUESTIONS TAKEN ON NOTICE<br />

Nil.<br />

12.4 QUESTIONS WITHOUT NOTICE<br />

An Alderman may ask a Question without Notice of the Chairman or another Alderman or the<br />

General Manager. Note: the Chairman may refuse to accept a Question without Notice if it<br />

does not relate to the activities of the <strong>Council</strong>. A person who is asked a Question without Notice<br />

may decline to answer the question.<br />

Questions without notice and their answers will not be recorded in the minutes.<br />

The Chairman may refuse to accept a question if it does not relate to <strong>Council</strong>’s activities.<br />

The Chairman may require a question without notice to be put in writing. The Chairman, an<br />

Alderman or the General Manager may decline to answer a question without notice.


CLARENCE CITY COUNCIL – 4 JUNE <strong>2012</strong> 239<br />

13. CLOSED MEETING<br />

Regulation 15 of the Local Government (Meetings Procedures) Regulations 2005 provides that<br />

<strong>Council</strong> may consider certain sensitive matters in Closed Meeting.<br />

The following matters have been listed in the Closed Meeting section of the <strong>Council</strong> Agenda in<br />

accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations<br />

2005.<br />

13.1 APPLICATIONS FOR LEAVE OF ABSENCE<br />

13.2 REPORTS FROM SINGLE AND JOINT AUTHORITIES<br />

13.3 SPORTING FACILITY – LEASE AGREEMENT<br />

The grounds for listing these reports in Closed Meeting are that the detail covered in the reports<br />

relates to:<br />

� the security of property of the <strong>Council</strong>;<br />

� information provided to the <strong>Council</strong> on the condition it is kept confidential;<br />

� applications by Aldermen for Leave of Absence.<br />

Note: The decision to move into Closed Meeting requires an absolute majority of <strong>Council</strong>.<br />

PROCEDURAL MOTION<br />

“That the Meeting be closed to the public to consider Regulation 15<br />

matters, and that members of the public be required to leave the <strong>meeting</strong><br />

room”.

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