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20 March 2018
Council Meeting
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PLAN 1 STATUTORY PLANNER’S REPORT: CELLAR DOOR SALES AT 119 HENDERSONS LANE,
GRAVELLY BEACH (STONEY RISE VINEYARD) ..........................................................................6
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15 March 2018
TO ALL COUNCILLORS
Dear Councillor
I wish to advise that an Ordinary meeting of the West Tamar Council will be held at the Council
Offices, Windsor Community Precinct, 1 Windsor Drive, Riverside on Tuesday 20 March 2018 at
1.30pm.
Rolph Vos
GENERAL MANAGER
Workshop held 6/03/18: Kelso Community Group, Annual Reseal Program, Food
prior to Council Organics/Garden (FOGO) Service.
meeting day:
Workshops:
9.30am - Council Special Committees/Advisory Groups
(Kaitlin Roach, Tracey Kelly & Michele Gibbins)
10.00am - Tamar NRM Activities, Past, Present & Future
(Gill Basnett Program Coordinator & Roger Tyshing, President Tamar NRM)
10.30am - Battery of Nation Program (Paul Molnar, Program Manager, Hydro Tas)
11.30am - Planning
11.40am - Riverside Olympic Football Centre - Site Visit
12 noon Luncheon at Windsor Community Precinct.
AGENDA
1. Apologies
2. Confirmation of minutes from 20 February 2018
3. Declarations of Pecuniary Interest
4. Community Input Time
5. Reports a) Planning
b) General Manager
c) Development
d) Corporate
e) Community
f) Infrastructure
6. Notices of Motion from councillors
7. Questions with Notice
8. Questions without Notice
9. Closed Meeting Items
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Minutes of the Ordinary Meeting of the West Tamar Council held at the Council Offices, Windsor
Community Precinct, 1 Windsor Drive, Riverside on Tuesday 20 March 2018 at 1.30pm.
PRESENT:
APOLOGIES:
IN ATTENDANCE:
/18 MINUTES
Moved Cr ............................ seconded Cr ................................. that the minutes of the meeting held
on 20 February 2018 be received and confirmed.
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2. where any advice is given directly to council by a person who does not have the
required qualifications or experience that person has obtained and taken into account
in that person’s general advice the advice from an appropriately qualified or
experienced person.”
David Gregory
ACTING GENERAL MANAGER
“Notes: S65(1) of the Local Government Act requires the General Manager to ensure
that any advice, information or recommendation given to the council (or a council
committee) is given by a person who has the qualifications or experience necessary
to give such advice, information or recommendation. S65(2) forbids council from
deciding any matter which requires the advice of a qualified person without
considering that advice.”
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1) Introduction
This report assesses a discretionary planning application for hotel industry (cellar door sales) at 119
Hendersons Lane, Gravelly Beach. One representation to the proposal was received.
2) Background
Development Description
A cellar door sales building is proposed, to be roughly half way along the frontage of the lot and
setback 22m from it. It is associated with the Stoney Rise Vineyard which occupies the subject title
and another title across Hendersons Lane. Stoney Rise has an existing cellar attached to the
dwelling across Hendersons Lane – this will be closed and re-established in the new building
proposed. A 20 space plus over flow car park is located between the building and Hendersons Lane.
The building itself has an indoor area of approximately 100m2, with as much again as court yards
and a walled ‘entry lane’. There is a tasting and sales area, kitchen, storage and toilets. The design
is modern and angular and finished in a variety of materials - natural timber, concrete, clay bricks
and painted sheeting (colour ‘Monument’, a dark grey). The maximum height is 5.65m.
Applicant
Cumulus Studio.
Planning Instrument
West Tamar Interim Planning Scheme 2013 (the Scheme).
Zone
Rural resource.
Overlays
None.
Use
Use class: Hotel industry (cellar door sales)
Use status: Discretionary
Discretions
26.3 Use Standards (discretionary use)
E6.7.2 Design and Layout of Car Parking
Attachments
1. Location plan
2. Proposal plans
3. Scheme assessment report
4. Representations
The proposal is consistent with Council’s Strategic and Annual Plans and policies.
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4) Statutory Requirements
The application was made pursuant to section 57 of the Land Use Planning and Approvals Act 1993
(the Act). Determination of the application is a statutory obligation. The application must be
determined by 21 March 2018 to meet the statutory deadline under the Act.
The application was assessed against the relevant zone and code standards. The proposal complied
with the relevant standards, except for the identified discretions. The following discretions were
supported when assessed against the relevant performance criteria:
5) Notification
The application was notified for the required 14 day period from 10/2/18 to 26/2/18. One
representation was received, from the neighbour to the west and south. Council must consider
representations to discretionary applications under both the Act and the Scheme.
Matters raised in the representation are addressed in the following table. A full copy of the
representations is provided as Attachment 4 to this report.
The concerns of the representors are noted but did not raise any matters that alter assessment of
the application against the Scheme (notwithstanding the applicant’s agreement to erect the fence).
6) Alternative Options
The Planning Authority may approve (with or without conditions) or refuse the application, based on
its assessment against the Scheme and any representations that were received. A recommendation
was provided for approval with conditions. Any alternative decision should be provided with relevant
planning reasons.
7) Financial Impact
Financial impacts are normally limited to the application process and any appeal that may be lodged
against the Planning Authority’s decision, provided statutory obligations are met.
8) Officer’s Comments
The proposal was assessed against the provisions of the Scheme and complied with all relevant
tests. On this basis, the proposal should be approved subject to the conditions listed below.
James Ireland
STATUTORY PLANNER
RECOMMENDATION
That the application for hotel industry (cellar door sales) at 119 Hendersons Lane, Gravelly Beach,
Lot 1 on Plan 228633 be APPROVED subject to the following conditions:
ENDORSED PLANS
1. The use and/or development must be carried out as shown on the endorsed plans by Cumulus
Studio dated 31/1/18 (T17317) to the satisfaction of Council. Any other proposed development
and/or use will require a separate application to and assessment by Council.
EXTERIOR LIGHTING
2. All exterior lights are to be mounted lower than 1m above ground level and directed below this
height.
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Permit Notes
Notations
A. This permit was issued based on the proposal documents submitted for PA2018027. You
should contact Council with any other use or developments, as they may require the separate
approval of Council. Council planning staff can be contacted on 6323 9309.
C. This permit is valid for two (2) years only from the date of approval and will thereafter lapse if
the development is not substantially commenced. An extension may be granted subject to
the provisions of the Land Use Planning and Approvals Act 1993 as amended, by a request
to Council.
Other Approvals
D. This permit does not imply that any other approval required under any other by-law or
legislation has been granted.
Restrictive Covenants
E. The granting of this permit takes no account of any covenants applicable to the land. The
permit holder and any other interested party, should make their own enquires as to whether
the proposed development is effected, restricted or prohibited by any such covenant. If the
proposal is non-compliant with any restrictive covenants, those restrictive covenants should
be removed from the title prior to construction commencing or the owner will carry the liability
of potential legal action in the future.
Appeal Provisions
F. A planning appeal may be instituted by lodging a notice of appeal with the Registrar of the
Resource Management and Planning Appeal Tribunal. A planning appeal may be instituted
within 14 days of the date the Corporation serves notice of the decision on the applicant. For
more information see the Resource Management and Planning Appeal Tribunal website
Permit Commencement
G. If an applicant is the only person with a right of appeal pursuant to section 61 of the Land Use
Planning and Approvals Act 1993 and wishes to commence the use or development for which
the permit has been granted within that 14 day period, the Council must be so notified in writing.
A copy of Council’s Notice to Waive Right of Appeal is attached.
Aboriginal Heritage
H. If any Aboriginal relics are uncovered during works;
a) All works are to cease within a delineated area sufficient to protect the unearthed and other
possible relics from destruction,
b) The presence of a relic is to be reported to Aboriginal Heritage Tasmania Phone: (03)
6233 6613 or 1300 135 513 (ask for Aboriginal Heritage Tasmania) Fax: (03) 6233 5555
Email: aboriginal@heritage.tas.gov.au). and
c) the relevant approval processes will apply with state and federal government agencies.
DECISION
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Plan 1 - Attachment 1
Location Plan
119 Hendersons Lane, Gravelly Beach, Riverside
Cellar
door site
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Plan 1 - Attachment 2
Proposal Plans
119 Hendersons Lane, Gravelly Beach, Riverside
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Plan 1 - Attachment 3
Scheme Assessment Report
119 Hendersons Lane, Gravelly Beach, Riverside
DEVELOPMENT DESCRIPTION
A cellar door sales building is proposed, to be roughly half way along the frontage of the lot and
setback 22m from it. It is associated with the Stoney Rise Vineyard which occupies the subject title
and another title across Hendersons Lane. Stoney Rise has an existing cellar attached to the
dwelling across Hendersons Lane – this will be closed and re-established in the new building
proposed. A 20 space plus over flow car park is located between the building and Hendersons Lane.
The building itself has an indoor area of approximately 100m2, with as much again as court yards
and a walled ‘entry lane’. There is a tasting and sales area, kitchen, storage and toilets. The design
is modern and angular and finished in a variety of materials - natural timber, concrete, clay bricks
and painted sheeting (colour ‘Monument’, a dark grey). The maximum height is 5.65m.
SITE EVALUATION
The subject site is a 10.72 ha lot on the southern side of Hendersons Lane. The lot is a fairly recent
addition to the long established Stoney Rise Vineyard, with the oldest vines, a winery and dwelling
on the opposite side of Hendersons Lane. The subject site has been partly planted with vines but is
otherwise pasture. It slopes down approximately 30m to the south east and a creek runs across the
lowest part, 120m from the proposal. There are some old farm building in the far south eastern part
of the site. To the north across Hendersons Lane is the remainder of the Stoney Rise Vineyard
property. To the west and south are large rural lots. To the east is a single dwelling on a 1 ha lot
which gains access from Tomah Place.
ANALYSIS
The surrounding uses and developments are compatible with the proposal.
The proposal is compatible with the surrounding uses.
There are no known hazards impacting on the proposal.
INTERNAL REFERRALS
Internal referrals raised no issues.
PLANNING MATTERS
The subject site is located in the rural resource zone. The zone purpose statements are:
To provide for the sustainable use or development of resources for agriculture, aquaculture,
forestry, mining and other primary industries, including opportunities for resource
processing.
To provide for other use or development that does not constrain or conflict with resource
development uses.
To provide for economic development that is compatible with primary industry,
environmental and landscape values.
To provide for tourism-related use and development where the sustainable development of
rural resources will not be compromised.
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26.1.2 Local Area Objectives
a) Primary Industries: The proposal is consistent with a) Primary
Resources for primary industries make a Industries, as the cellar door sales is
significant contribution to the rural associated with the vineyard on the site.
economy and primary industry uses are to
be protected for long-term sustainability. It also makes a contribution to b) Tourism.
The prime and non-prime agricultural land It is a clear example of: ‘the value adding of
resource provides for variable and diverse primary industries through visitor facilities
agricultural and primary industry and the downstream processing of
production which will be protected through produce.’
individual consideration of the local
context.
Processing and services can augment the
productivity of primary industries in a
locality and are supported where they are
related to primary industry uses and the
long-term sustainability of the resource is
not unduly compromised.
b) Tourism
Tourism is an important contributor to the
rural economy and can make a significant
contribution to the value adding of primary
industries through visitor facilities and the
downstream processing of produce. The
continued enhancement of tourism
facilities with a relationship to primary
production is supported where the long-
term sustainability of the resource is not
unduly compromised.
The rural zone provides for important
regional and local tourist routes and
destinations such as through the
promotion of environmental features and
values, cultural heritage and landscape.
The continued enhancement of tourism
facilities that capitalise on these attributes
is supported where the long-term
sustainability of primary industry
resources is not unduly compromised.
c) Rural Communities
Services to the rural locality through
provision for home-based business can
enhance the sustainability of rural
communities. Professional and other
business services that meet the needs of
rural populations are supported where
they accompany a residential or other
established use and are located
appropriately in relation to settlement
activity centres and surrounding primary
industries such that the integrity of the
activity centre is not undermined and
primary industries are not unreasonably
confined or restrained.
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9.5 OBJECTIVES OF THE LAND USE PLANNING AND APPROVALS ACT 1993
The proposal is consistent with the objectives of the Land Use Planning and Approvals Act 1993.
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Plan 1 - Attachment 4
Representation
119 Hendersons Lane, Gravelly Beach, Riverside
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1) Introduction
The purpose of this report is to consider the adoption of council’s Financial Management Strategy
and Long Term Financial Plan 2018/2019 to 2027/2028 (2019-2028).
2) Background
The Financial Management Strategy and Long Term Financial Plan for 2019-2028 forms part of the
management of council’s finances. The plan and strategy is adopted on a rolling basis, in that it is
reviewed on an annual basis. The document will supersede the Financial Management Strategy and
Long Term Financial Plan 2018-2027 completed in 2017.
One of the objectives of The Strategic Plan 2016-2026 is to. ‘Represent the community in a
responsive, professional and innovative manner’. Encompassed by the objective is Council’s ability
to provide sustainable and responsible management of public resources and ensure financial
stability. The continual development and regular review of long-term financial management plans
and strategies forms part of the strategy to achieve these outcomes.
4) Statutory Requirements
The Local Government Act 1993 requires the maintenance of a long-term financial plan and
maintenance of a financial management strategy by councils. Ministerial orders outline the minimum
requirements necessary.
5) Government Departments
Not applicable.
6) Community Consultation
The strategic plan was put out to community consultation, and includes a strategy of regular review
of long-term financial management plans and strategies.
7) Alternative Options
Council may adopt the Financial Management Strategy and Financial Plan as is, or further amend
the plan and strategy as required.
8) Financial Impact
9) Officer’s Comments
The Financial Management Strategy and Long Term Financial Plan has been reviewed by Council’s
Audit Panel in December 2017 and by a Council workshop in February 2018.
Jason Barker
CHIEF FINANCIAL OFFICER
RECOMMENDATION
That Council adopts the Financial Management Strategy and Long Term Financial Plan 2019-2028.
DECISION
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