Council Agenda

COUNCIL AGENDA

NOTICE is hereby given that an Ordinary meeting of the Kingborough Council will be held in the Civic Centre, Kingston on Monday, 9 May 2016 at 5.30pm

Back (L – R): Cr Paul Chatterton, Cr Mike Percey, Cr Sue Bastone, Cr Dean Winter, Cr Richard Atkinson Front (L – R): Cr Dr Graham Bury, Cr Flora Fox, Mayor Cr Steve Wass, Deputy Mayor Cr Paula Wriedt, Cr David Grace

QUALIFIED PERSONS

In accordance with Section 65 of the Local Government Act 1993, I confirm that the reports contained in Council Meeting Agenda No. 8 to be held on Monday, 9 May 2016 contain advice, information and recommendations given by a person who has the qualifications or experience necessary to give such advice, information or recommendations.

Gary Arnold GENERAL MANAGER

3 May 2016

TABLE OF CONTENTS

OPEN SESSION Agenda Page No.

Acknowledgement of Traditional Owners 1

Attendees 1

Apologies 2

Confirmation of Minutes of Council Meeting No. 7 held on Monday, 26 April 2016 2

Workshops held Since Council Meeting on 26 April 2016 2

Declarations of Interest 2

Questions on Notice from the Public 4

Questions Without Notice from the Public 4

Questions on Notice from Councillors 4

Questions Without Notice from Councillors 4

Motions of Which Notice has been Given 4

Climate Change Research Centre 4

Petitions Still Being Actioned 7

Petitions Received in Last Period 7

Lower Oxleys & Groombridges Roads, Kettering 7

Planning Authority - Reports of Officers 8

Delegated Authority for the Period 13 April 2016 to 26 April 2016 8

DA-2016-119 - Development Application for Shed Requiring Relaxation of Rear Boundary Setback at 43 Staff Road, Electrona for Mr J G Wallace 11

DA-2016-114 - Development Application for Extension and Alterations to Existing Dwelling at 7 Winmarleigh Avenue, Taroona for Mr C A Wills 28

DA-2015-473 - Development Application for Commercial Shed Requiring Relaxation of Side Boundary Setback at 175 Tinderbox Road, Tinderbox for G Hills & Partners Architects 53

TABLE OF CONTENTS (cont.)

OPEN SESSION Agenda Page No.

Council Reports of Officers 71

Tasmanian Planning Scheme and Review of State Planning Provisions 71

Code of Conduct 92

Councillors Gifts & Benefits Policy 107

LGAT General Management Committee Vacancy 118

Kingborough Access Policy 121

Nominations for Kingborough Access Advisory Committee 125

Recreational Vehicle / Camping Strategy 140

Annual General Meeting 242

Southern Obedience Club Lease 244

Twin Ovals Advertising and Signage Policy 247

Bruny Island Advisory Committee 252

Kingborough Bicycle Advisory Committee 261

Kingston and Taroona Tennis Clubs - Court Resurfacing 272

Information Reports 275

Mayors Communications 276

Kingborough Access Advisory Committee 279

Kingborough Road Safety Committee 283

Confirmation of Items to be Dealt with in Closed Session 297

AGENDA of an Ordinary Meeting of Council to be held at the Kingborough Civic Centre, Kingston on Monday, 9 May 2016 at 5.30pm.

From To Time Occupied Open Council 5.30pm Planning Authority Open Council Closed Council Open Council TOTAL TIME OCCUPIED

AUDIO RECORDING

Chairperson to direct commencement of recording.

Declare meeting open (time), welcome all in attendance and read:

All persons in attendance are advised that it is Council policy to record Council Meetings.

The audio recording of this meeting will be made available to the public on Council’s web site for a period of twelve months.

In accordance with Council Policy, I now ask staff to confirm that the audio recording has commenced.

ACKNOWLEDGEMENT OF TRADITIONAL OWNERS

The Chairperson acknowledges the traditional owners of this land and pays respects to them and their customs, and to their elders, past, present and future.

ATTENDEES

Councillors:

PRESENT Mayor Councillor S Wass Deputy Mayor Councillor P Wriedt Councillor R Atkinson Councillor S Bastone Councillor Dr G Bury Councillor P Chatterton Councillor F Fox Councillor D Grace Councillor M Percey Councillor D Winter

Staff:

TITLE NAME

Council Meeting No. 8 Page 1 Monday, 9 May 2016 ______

Council Agenda No. 8 Page 1 Monday 9 May 2016 APOLOGIES

CONFIRMATION OF MINUTES OF COUNCIL MEETING NO. 7 HELD ON MONDAY, 26 APRIL 2016

MOVED SECONDED

That the Minutes of Council Meeting No. 7 held on 26 April 2016 be confirmed.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

WORKSHOPS HELD SINCE COUNCIL MEETING ON 26 APRIL 2016

DATE PURPOSE 2 May 2016 State Planning Scheme

DECLARATIONS OF INTEREST

In accordance with Regulation 8 of the Local Government (Meeting Procedures) Regulations 2015 and Council’s adopted Code of Conduct, the Mayor requests Councillors to indicate whether they have, or are likely to have, a pecuniary interest (any pecuniary benefits or pecuniary detriment) or conflict of interest in any item on the Agenda.

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PUBLIC QUESTION TIME

GUIDELINES FOR PUBLIC QUESTION TIME

At each meeting of Council or a Council Committee there will be an opportunity for question to be asked by any member of the public. A question may either be in writing, or may be verbally asked at the meeting. You are reminded that the forum is designed to accommodate questions only. Neither the questions nor answers will be debated.

A period of 15 minutes, if required, will be set aside and the Chairperson will endeavour to deal with as many questions as possible at each meeting. If a response to a question cannot be provided at the meeting a written response will be provided as soon as practicable. If time constraints do not permit all questions to be put, the Council will reply to any question that is put in writing.

A Question must not relate to any matter that is listed on the agenda for the meeting.

Questions in Writing :

A member of the public may give written notice to the General Manager 7 days before a meeting of a question to be put to the meeting. The question will appear in the agenda of the meeting, and a written response will be recorded in the minutes. There is no standard form for such questions, but they should be clearly headed Question(s) on Notice.

Questions asked at the Meeting :

At the commencement of Question Time the Chairperson will ask members of the public present, if there are any questions, and if so what are those questions? This procedure is to permit the Chairperson to determine an appropriate time limit for Question Time and perhaps limit the opportunity for multiple questions, and to determine whether each question is appropriate. There is to be no discussion, preamble or embellishment of any question at this time.

The Chairperson will then determine which of those questions will be accepted and will provide the reason for any refusal; will determine the order of the questions, and may set a time limit for Question Time. The Chairperson may require a question to be put on notice and in writing.

A member of the public present may only ask one question at a time. The Chairperson may give preference to questions from other members of the public before permitting second or further questions from a member of the public. The Chairperson may rule that a multi-part question is in fact two or more questions, and deal with them accordingly.

The Chairperson may rule a question inappropriate, and thus inadmissible if in his or her opinion it has already been asked, is unclear, irrelevant, offensive or relates to any matter which would normally be considered in Closed Session.

Lengthy preambles or introductions are discouraged, and the Chairperson may require that a member of the public immediately put the question.

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QUESTIONS ON NOTICE FROM THE PUBLIC

At the time the Agenda was compiled there were no questions on notice from the public.

QUESTIONS WITHOUT NOTICE FROM THE PUBLIC

QUESTIONS ON NOTICE FROM COUNCILLORS

At the time the Agenda was compiled there were no questions on notice from Councillors.

QUESTIONS WITHOUT NOTICE FROM COUNCILLORS

MOTIONS OF WHICH NOTICE HAS BEEN GIVEN

Climate Change Research Centre

The following Notice of Motion was submitted by Cr Atkinson :

MOVED Cr Atkinson SECONDED

That Council lobby the Federal Government to attract the new CSIRO Climate Change Centre to Kingborough, given:

x the announcement by the CSIRO to base the Centre in Hobart

x Kingborough’s leading work on climate change adaptation and response, and

x Kingborough’s existing scientific community centred at the Antarctic Division and IMAS.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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Background

CSIRO Announcement :

26 April 2016 CSIRO Climate Science Centre a win for Australia's future

The CSIRO has today announced the establishment of a national climate research centre to be based in Hobart. CSIRO Chief Executive Dr Larry Marshall said the CSIRO Climate Science Centre will focus on climate modelling and projections for Australia, drawing on both national and international research expertise. “Our Strategy 2020 is focused on collaboration, global connection, excellent science and innovation – all four of these pillars are at work in this Centre,” Dr Marshall said. “As I indicated at the start of CSIRO’s current broader change process, it is critical that we retain the capability that underpins our national climate research effort. “The announcement today is a culmination of the ongoing consultation and feedback we’ve had from our staff and stakeholders, and this new Centre is a reflection of the strong collaboration and support right across our system and the global community.” Operating as part of CSIRO Oceans and Atmosphere, the new CSIRO Climate Science Centre has a guaranteed research capability for 10 years and will focus CSIRO’s climate measurement and modelling researchers and resources. Collaboration and partnership will be a cornerstone of this decadal commitment for Australia. In recognition of this, the Minister for Industry, Innovation and Science has agreed that an independent National Climate Science Advisory Committee will be established. The Committee will have representation from CSIRO, the Bureau of Meteorology and other experts from Australia and overseas. It will report at Ministerial level to inform the future direction of Australia’s climate science capability and research priorities. The Minister will work with the Minister for the Environment in the Committee's establishment. “The Centre, with support from the Advisory Committee, will allow scientists across the nation to provide a decadal commitment to climate research in the nation’s interest,” Dr Marshall said. The foundation of the Centre will be 40 full time CSIRO scientists. It will work closely with researchers from Australian universities and other stakeholders. Working closely with the Bureau of Meteorology, the CSIRO is also planning to deepen its existing partnership with the UK Meteorology Office.

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CSIRO will offer its unique Southern Hemisphere modelling capability and measurements to the UK’s global model, helping to build a model that is even more relevant for Australia and other Southern Hemisphere nations. All of CSIRO’s critical measurement infrastructure, such as the ice and air libraries, ARGO float program and Cape Grim, will be guaranteed in the same manner as the other national facilities such as the RV Investigator, which is also centred in Hobart. CSIRO thanks Australia’s Chief Scientist, Dr Alan Finkel AO, and its colleagues at the Bureau of Meteorology for their support in shaping this important national agenda.

Officer’s Comments

Responsible Officer: Jon Doole - Manager - Environmental Services

Kingborough Council could and should present a compelling case for the recently announced CSIRO National Climate Research Centre to be located in Kingston.

Kingborough is recognised as a leading force in local government climate change adaptation research through the Kingston Beach Adaptation Case Study and a partnership with the National Climate Change Adaptation Research Facility (NCCARF). Through this and other climate change projects council has forged strong relationships with the scientific community especially at the University of Tasmania.

Key data from the Climate Futures for Tasmania project (which involved state of the art climate modelling to a fine scale useful to local government) has been utilised by council staff for climate risk modelling and adaptation planning in Kingborough. This research was undertaken by the Antarctic Climate and Ecosystems Research Centre (ace) which linked fundamentally to CSIRO, BOM and UTAS.

It is anticipated that that during 2016 / 17 investigations will be undertaken by council staff into the establishment of a Climate Change Adaptation Innovation Laboratory in Kingston that will showcase adaptation research, implementation options and communications to benefit local government, the community, scientists and other key stakeholders. The potential for a linkage between the Innovation Laboratory and the CSIRO National Climate Research Centre could be a great outcome. It would facilitate a meaningful interface between world class climate science and community scale adaptation planning and implementation as well as providing a conduit for displaying and explaining climate science to the broader community.

Council could offer for consideration a potential site for the National Climate Research Centre at the Old Kingston High School site. This could prove attractive to the Commonwealth Government due to its decentralised location and proximity to the Antarctic Division and IMAS at Taroona.

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PETITIONS STILL BEING ACTIONED

There are no petitions still being actioned.

PETITIONS RECEIVED IN LAST PERIOD

Lower Oxleys & Groombridges Roads, Kettering

A petition containing 82 signatures petitioning Council to urgently seal the Lower Oxleys and Groombridges Roads, Kettering gravel surfaces for reasons of :

1. Long term cost reduction of Council’s Unsealed Roads Maintenance Program;

2. Reduced risk of motor vehicle accidents;

3. Upgrading of road surfaces to match increased traffic flow and residential development;

4. Reduced adverse recreational, health and environmental impact to residents and community.

MOVED SECONDED

That the Petition be received and referred to the appropriate Department for a report to Council.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

OPEN SESSION OF COUNCIL ADJOURNS

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PLANNING AUTHORITY IN SESSION

Planning Authority Meeting commenced at

REPORTS OF OFFICERS

REPORT TO: PLANNING AUTHORITY

SUBJECT: DELEGATED AUTHORITY FOR THE PERIOD 13 APRIL 2016 TO 26 APRIL 2016

FILE REF: 17.170 DATE: 27 April 2016

OFFICER: BELINDA LOXLEY – MANAGER DEVELOPMENT SERVICES

The following are matters that have received delegated approval from the Manager – Development Services for the period 13 April 2016 to 26 April 2016.

DEVELOPMENT APPLICATIONS FOR PERMITTED DEVELOPMENT/USE

DA-2016-92 Mr N C Saville Addition, alterations and verandah 130 Betts Road, NEIKA DA-2016-101 Mr D E Robson Extensions to existing dwelling and 55 Morphetts Road, outbuilding (spa) NEIKA

DEVELOPMENT APPLICATIONS FOR DISCRETIONARY USES

DA-2016-74 Ms M E Young Change of use from shed to dwelling 4751 Channel Highway, GORDON DA-2015-377 Mr D Grannetia Access road 32 Behrens Road (CT 109148/2) and within land designated Public Road (CT 161839/2) GORDON DA-2016-72 G Hills & Partners Architects Dwelling 11 Sandstone Grove, BLACKMANS BAY DA-2016-53 Ronald Young & Co Builders Pty Ltd Dwelling 40 Malachi Drive, KINGSTON

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DEVELOPMENT APPLICATIONS FOR SETBACK, SITE COVERAGE OR HEIGHT VARIATIONS

DA-2015-457 Christian Homes Tasmanian Inc Extension to existing residential aged "Snug Retirement Village", care facility requiring relaxation of site 17 Beach Road, coverage SNUG DA-2016-49 P & J Sheds Extension to existing garage requiring 16 Adelong Drive, relaxation of boundary setback KINGSTON DA-2016-102 Urban Homes Tasmania Pty Ltd Shed requiring relaxation of front 2 Sunsail Street, boundary setback SNUG DA-2016-82 Mr G C Thomas Demolition of carport and addition to 2 McKenzies Road, existing dwelling requiring relaxation of LESLIE VALE front boundary setback DA-2016-137 Mr M McLeod Roof over pergola requiring relaxation of 54 Incana Road, site coverage MARGATE DA-2016-100 Maveric Builders Pty Ltd Dwelling requiring relaxation of front 2 Indigo Court, boundary setback MARGATE

DEVELOPMENT APPLICATIONS FOR SEALED PLAN AMENDMENT

SPA-2016-4 PDA Surveyors Amendment to Sealed Plan No's. 47208 115 and 117 Browns Road, and 132417 KINGSTON

DEVELOPMENT APPLICATIONS FOR MINOR AMENDMENTS TO PERMIT

DA-2015-199 Mr S J Morse Amendment to window location/design 323 Redwood Road, KINGSTON DA-2015-198 Mr S J Morse Amendment to the single dwelling 325 Redwood Road, garage KINGSTON

DEVELOPMENT APPLICATIONS FOR NO PERMIT REQUIRED

DA-2016-122 Mrs E M Ogier Deck addition 25 Talone Road, BLACKMANS BAY DA-2016-125 SJM Property Developments Pty Ltd Dwelling 8 Tetratheca Drive, KINGSTON DA-2016-136 Prime Design Dwelling 75B Roslyn Avenue, KINGSTON BEACH

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DA-2016-151 Mr A Hill Addition to existing dwelling 55 Drysdale Avenue, KINGSTON DA-2016-160 Maveric Builders Dwelling 2B Willowbend Road, KINGSTON

RECOMMENDATION:

MOVED SECONDED

That in accordance with Council Policy 1.1 – Delegated Authority Policy, the Planning Authority and Development Committee resolves that the report of the Manager – Development Services on Delegated Authority for the period 13 April 2016 to 26 April 2016 be received and that the information contained therein be noted.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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REPORT TO: PLANNING AUTHORITY

SUBJECT: DA-2016-119 - DEVELOPMENT APPLICATION FOR SHED REQUIRING RELAXATION OF REAR BOUNDARY SETBACK AT 43 STAFF ROAD, ELECTRONA FOR MR J G WALLACE

FILE REF: DA-2016-119 DATE: 21 APRIL 2016

OFFICER: JOANNE HICKMAN - PLANNING OFFICER

ENDORSED BY: BELINDA LOXLEY – MANAGER DEVELOPMENT SERVICES

Application Number: DA-2016-119 Applicant: Mr J G Wallace

Zoning: Low Density Residential

Discretions: Rear boundary setback and Site Coverage Existing Land Use: Single dwelling No. of Representations: One (1) Planning Issues: Residential development Recommendation: Approval subject to conditions

1. THE PROPOSAL IN DETAIL

1.1 The Proposal

An application was received for 43 Staff Road, Electrona on the 4 April 2016 for a proposed shed requiring a relaxation of the rear boundary setback and site coverage according to the Kingborough Interim Planning Scheme 2015.

The proposed shed is a single storey structure with Colorbond wall cladding and roof sheeting which will be grey and black, it is appurtenant to an existing, three bedroom, single dwelling.

The proposed shed is 9 m long x 6 m wide and has a maximum height of 3.024 m. The existing dwelling has a site cover area of 144.55 m2 and a deck with an area of 23.6 m2, the proposed shed has an area of 54 m2 which is a total site cover area of 198.55 m2.

The proposed shed is to be setback approximately 33 m from the primary frontage (Staff Road), a minimum of 1 m from the western side boundary and 1 m from the southern rear boundary.

1.2 The Site

The site is an internal lot at 43 Staff Road, Electrona. The site area is 830 m2 and is on land sloping gently down to the south at a gradient of approximately 1:17. There are neighbouring residential properties on all sides, with a mix of one and two storey dwellings, and single dwellings and multiple dwelling units. The subject lot and surrounding lots are zoned Low Density Residential.

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Photo 1 – The subject lot 43 Staff Rd, Electrona, highlighted in the centre of the image, prior to the construction of the approved single dwelling.

Photo 2 – The proposed shed location looking south toward number 45 Staff Road, prior to the construction of the approved single dwelling.

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Photo 3 – View down the driveway from the street frontage at 43 Staff Road, Electrona.

1.3 Background

The application was submitted on 4 April 2016 and the application proceeded to advertising on the 6 April 2016.

The existing single dwelling was approved under the Development Use Permit DA- 2015-24 on the 17 March 2015.

2. PLANNING ASSESSMENT

2.1 Statutory Implications

The land is zoned Low Density Residential under the Kingborough Interim Planning Scheme 2015 (the Scheme). The proposal has been assessed under the Residential Use Class provisions of the Scheme. The proposal is discretionary.

The relevant parts of the Scheme are:

x Part 12.0 Low Density Residential Zone

x Code E6 - Parking and Access Code

x Code E7 - Stormwater Management Code

The following discretions apply to the development:

x Clause 12.4.2 Setbacks and building envelope (A3) – Rear boundary setback.

x Clause 12.4.3 Site coverage and private open space (A1) – Site coverage.

Council's assessment of this proposal should also consider the issues raised in the representation, the outcomes of any relevant State Policies and the objectives of Schedule 1 of the Land Use Planning and Approvals Act 1993.

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2.2 Public Consultation

The application was advertised in accordance with the requirements of s.57 of the Land Use Planning and Approvals Act 1993 (from 6 April 2016 to 19 April 2016). One (1) representation was received during the public exhibition period.

The following issues were raised by the representors:

(a) Traffic impact

(b) Overshadowing

(d) Privacy

(e) Use

2.3 Strategic Planning

The relevant strategies associated with the Scheme are as follows:

12.1.1 Zone Purpose Statements

The zone purpose statements of the 12.0 Low Density Residential Zone are:

12.1.1.1 To provide for residential use or development on larger lots in residential areas where there are infrastructure or environmental constraints that limit development.

12.1.1.2 To provide for non-residential uses that are compatible with residential amenity.

12.1.1.3 To avoid land use conflict with adjacent Rural Resource or Significant Agricultural zoned land by providing for adequate buffer areas.

12.1.1.4 To provide for existing low density residential areas that usually do not have reticulated services and have limited further subdivision potential.

Clause 12.1.2 Local Area Objectives and Desired Future Character Statements

The Scheme details separate Local Area Objectives and Desired Future Character Statements for the main towns in the municipal area.

There are no Local Area Objectives or Desired Future Character Statements for Electrona.

2.4 Zone

The site is zoned Low Density Residential under the Scheme. This zone provides a range of Use and Development Standards and the proposal is assessed against the relevant provisions as follows:

Clause 12.4.2 Setbacks and building envelope

A1. The proposed shed is to be setback approximately 33 m from the primary frontage which is greater than the 4.5 m requirement set out in A1. Therefore, the proposed development complies with the requirements of Acceptable Solution A1.

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A2. The proposed shed is to be setback approximately 33 m from the primary frontage which is greater than the 5.5 m requirement set out in A2. Therefore, the proposed development complies with the requirements of Acceptable Solution A2.

A3. The proposed shed is to be setback a minimum of 1 m from the western side boundary and 1 m from the southern rear boundary. The proposal complies with the side boundary setback requirements, however, the rear boundary setback required to comply with the acceptable solution A3 is 4 m, therefore the proposal must meet the performance criteria P3.

P3 The siting and scale of a dwelling must:

(a) not cause unreasonable loss of amenity by:

(i) reduction in sunlight to a habitable room (other than a bedroom) of a dwelling on an adjoining lot; or

(ii) overshadowing the private open space of a dwelling on an adjoining lot; or

(iii) overshadowing of an adjoining vacant lot; or

(iv) visual impacts caused by the apparent scale, bulk or proportions of the dwelling when viewed from an adjoining lot; and

(b) provide separation between dwellings on adjoining lots that is compatible with that prevailing in the surrounding area.

The proposed shed will not reduce sunlight to a habitable room of either the existing single dwelling or any adjoining lot and therefore complies with (a) (i).

The proposed shed will not overshadow the POS of an adjoining lot and therefore complies with (a) (ii).

There are no adjoining vacant lots therefore (a) (iii) is not relevant to the assessment of the application.

The proposed shed is 9 m long x 6 m wide and has a maximum height of 3.024m. The scale of the proposed shed is not inconsistent with other outbuildings in the area which are appurtenant to single dwellings, it is therefore considered to be acceptable, and complies with (a) (iv).

The proposed shed is located 1 m from the eastern and western side boundaries, and there is a 3 m wide driveway to the two units at number 45 Staff Road, on the other side of these boundaries which creates a reasonable separation distance between dwellings on adjoining lots. Therefore the proposed shed is considered to comply with (b).

The proposed development is considered to comply with the requirements of performance criteria P3.

A4. The proposed shed does not require the removal of any existing trees or vegetation. Acceptable Solution A4 is therefore not relevant to the assessment of the application.

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Clause 12.4.3 Site coverage and private open space

A1. The area of the subject lot is 830 m2 however as the lot is an internal lot the area of the access is not considered for the purposes of calculating the site coverage. The area of the access strip is 93.6 m2 therefore the applicable site area is 736.4 m2.

The existing dwelling has a total site cover area of 144.55 m2, and the proposed shed has an area of 54 m2 which is a total site cover area of 198.55 m2. Therefore the site coverage is 27%.

The maximum site coverage required to comply with the acceptable solution A1 is 25%. Therefore the proposal must meet the performance criteria P1.

P1 Dwellings must have:

(a) private open space that is of a size and dimensions that are appropriate for the size of the dwelling and is able to accommodate:

(i) outdoor recreational space consistent with the projected requirements of the occupants; and

(ii) operational needs, such as clothes drying and storage; and

(b) have reasonable space for the planting of gardens and landscaping.

(d) not result in an unreasonable loss of natural or landscape values.

The proposed shed is not located in the private open space (POS) of the existing dwelling and therefore complies with (a).

There is adequate space on the site for the planting of gardens and landscaping, therefore the proposal complies with (b).

Similarly sized sheds and garages appurtenant to a single dwelling are common throughout Electrona and nearby suburbs for the purposes of a car garage and/or the storage of personal belongings, therefore the proposal complies with (c).

The proposed shed does not require the removal of any existing trees or vegetation, therefore the proposal complies with (d).

The proposed development is considered to comply with the requirements of performance criteria P1.

A2. The proposed shed does not impact upon the POS of the existing single dwelling, or of any adjacent dwelling. Acceptable Solution A2 is therefore not relevant to the assessment of the application.

Clause 12.4.4 Sunlight and overshadowing

A1. The proposed shed does not impact upon the windows of the existing single dwelling, or of any adjacent dwelling. Acceptable Solution A1 is therefore not relevant to the assessment of the application.

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Clause 12.4.5 Width of openings for garages and carports

A1. The proposed shed is located approximately 33 m from the frontage which is greater than the 12 m requirement. Therefore, the proposed development complies with the requirements of Acceptable Solution A1.

Clause 12.4.6 Privacy

A1. The application does not involve a balcony, deck, roof terrace, parking space or carport with a finished surface level more than 1m above natural ground level. Acceptable Solution A1 is therefore not relevant to the assessment of the application.

A2. The setback of the proposed shed has no windows or openings apart from the north facing, single roller door. The development is therefore compliant with the requirements of Acceptable Solution A2.

Clause 12.4.7 Frontage fences

A1. The application does not include a proposal for any changes to the existing fences. Acceptable Solution A1 is therefore not relevant to the assessment of the application.

2.5 Code Matters

Code E6.0 – Parking and Access Code

There is an existing sealed driveway access on the subject lot.

The proposal complies with the requirements of the code as there is sufficient area available for the parking of two (2) cars in accordance with the requirements of Table E6.1.

Code E7 – Stormwater Management Code

The purpose of this Code is to ensure “that stormwater disposal is managed in a way that furthers the objectives of the State Stormwater Strategy”.

Plans have been submitted demonstrating how the roof of the proposed shed will be piped into the existing stormwater management system; therefore complying with the Acceptable Solution of Clause E7.7.1.

2.6 Other matters

There are no other matters relevant to the assessment of the application.

3. REFERRALS AND REPRESENTATIONS

3.1 Internal Referrals

Health

There are no environmental health issues relevant to the proposed development.

Engineering

The following report was prepared by Council’s Team Leader Development Engineering Officer, Paul Verne.

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The above development application has been assessed and the following comments are provided for inclusion in the planning assessment report:

Roads and Traffic

The proposed development is located off Staff Road which is owned and maintained as road by Council.

The submitted plans and details demonstrate compliance with E5.0 Road and Rail Asset Code of Kingborough Interim Planning Scheme 2015.

Parking and Access

The submitted plans and details demonstrate compliance with E6.0 Parking and Access Code of Kingborough Interim Planning Scheme 2015.

Council’s Development Engineering Unit (DEU) has reviewed the submitted plans and has determined the carparking and driveways complies with the Australian Standards and the overshadowing of the neighbouring driveway would be minor therefore would not decrease the use or safety of the their driveway.

Stormwater Management

The submitted plans and details demonstrate compliance with E7.0 Stormwater Management Code of Kingborough Interim Planning Scheme 2015.

Representations

There has been one engineering related representation against the proposed development which has been addressed in the above.

Recommendation

Approval should be subject to engineering conditions.

Natural Resource Management

There are no natural resource management issues relevant to the proposed development.

3.2 External Referrals

The following external referrals were required or undertaken as part of this application:

There were no external referrals required as part of this application.

3.3 Representations

One (1) representation was received during the public exhibition period and the issues raised are discussed in detail as follows:

(a) Traffic impact

The representor raised concerns that the proposed shed would “be very detrimental to the shared driveway of number 45 Staff Rd and of the sole driveway of Unit 1… Having a building on the fence line will create a further

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loss of light and create shadow. There will not be a clear view of vehicles leaving Unit 1 and travelling up the driveway or vice versa.”

The proposed shed will not impair the vision around the corner, of a person driving a vehicle, to any greater extent than the existing fence. Shading of a driveway is not considered by the scheme.

The application was referred to council’s development engineering officer who assessed the application against the Scheme and relevant Australian Standards.

(b) Overshadowing

The representor raised concerns that the proposed shed would overshadow the adjacent driveway to the south and east.

“In the cold months that last over six months that corner of the block is covered in frost and remains wet all day and is very slippery and dangerous. If a building was going to create more loss of light and create further moisture forming on our driveway it would become very dangerous.”

Overshadowing of a driveway is not considered in the acceptable solutions or performance criteria of the low density residential zone standards. The proposed shed will not overshadow an adjoining property’s POS or window of a habitable room and therefore complies with the relevant standards.

The application was referred to council’s development engineering officer who assessed the application against the Scheme and relevant Australian Standards.

The representor raised concerns that the proposed shed would create an eyesore.

“The garage being that close to the fence will also create an eyesore to our units as that is our front entrance. It would devalue both of the units on number 45. As it will be on our driveway which is all concrete, there will not be any way that we could soften the outlook with the growth of vegetation.”

The proposed shed is to be setback 1 m from the rear boundary, a condition requiring the planting of screening vegetation has been recommended as a condition of the permit.

(d) Privacy

The representor raised concerns that the proposed shed would infringe on their privacy.

“Whilst we did not make any complaints regarding the build of number 43, it has infringed greatly on our privacy. Any further infringement would be detrimental to our enjoyment of our properties.”

The proposed shed has no windows or openings apart from the north facing, single roller door. The development is compliant with the requirements of Clause 12.4.6 Privacy, Acceptable Solution A1 and A2.

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The proposed shed will not infringe upon the privacy of the adjoining properties.

(e) Use

The representor sent follow up correspondence and photos on the 25 April 2016 this email was received outside of the advertising period.

The representor raised concerns that the proposed shed would have a commercial use as a business premises.

The application does not indicate that the shed will have a commercial use and any approval would be for a residential garage or storage use only. Advice is recommended for inclusion in the planning permit should approval be granted.

4. STATE POLICIES AND ACT OBJECTIVES

The proposal is consistent with the outcomes of the State Policies, including those of the State Coastal Policy.

The proposal is consistent with the objectives of Schedule 1 of the Land Use Planning and Approvals Act 1993.

5. CONCLUSION

The proposal is for a shed requiring a relaxation of the rear boundary setback and site coverage according to the Kingborough Interim Planning Scheme 2015.

The proposed shed is fully compliant with the relevant standards, as the design for the proposed shed is considered acceptable and meets the requirements of the relevant Acceptable Solutions or Performance Criteria. The application is therefore recommended for approval subject to conditions.

6. RECOMMENDATION

MOVED SECONDED

That in accordance with Council Policy 1.1 – Delegated Authority Policy, the Planning Authority resolves that the report of the Manager Development Services be received and that the development application for shed requiring relaxation of rear boundary setback at 43 Staff Road, Electrona for Mr J G Wallace be approved subject to the following conditions:

1. Except as otherwise required by this Permit, use and development of the land must be substantially in accordance with Development Application No. DA-2016-119 and Council Plan Reference No. P1 submitted on 22 March 2016. This Permit relates to the use of land or buildings irrespective of the applicant or subsequent occupants, and whoever acts on it must comply with all conditions in this Permit. Any amendment, variation or extension of this Permit requires further planning consent of Council.

2. Landscaping must be provided and maintained at all times to the satisfaction of the Council’s Manager – Development Services.

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This vegetation must:

• be located between the proposed shed and the rear boundary; and

• provide screening along the entire length of the shed; and

• be of a suitable size and species.

No weeds listed under the Weed Management Act 1999 are to be planted on the property.

3. The stormwater runoff and overflows from all roofed or sealed areas must be collected and discharged into Council’s reticulated stormwater system to the satisfaction of the Executive Manager - Engineering Services.

4. Erosion/siltation infiltration control measures are to be applied during construction works in accordance with NRM South Soil and Water Management of Construction Sites – Guidelines, Tasmanian Standard Drawings (TSD-SW28) and to the satisfaction of the Executive Manager - Engineering Services.

ADVICE

A. In accordance with section 53(5) of the Land Use Planning and Approvals Act 1993 this permit lapses after a period of two years from the date on which it is granted if the use or development in respect of which it is granted is not substantially commenced within that period.

B. This Permit does not constitute building approval. The developer should obtain a Building Permit for the development prior to commencing construction.

C. The shed/garage must not be used for any commercial or industrial activity at any time without the written consent of the Council.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

Attachments:

1. Location Plan (1) 2. Proposal Plans (6)

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Site plan

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Floor Plan

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Southern Elevation

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Northern Elevation

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Western Elevation

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Eastern Elevation

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REPORT TO: PLANNING AUTHORITY

SUBJECT: DA-2016-114 - DEVELOPMENT APPLICATION FOR EXTENSION AND ALTERATIONS TO EXISTING DWELLING AT 7 WINMARLEIGH AVENUE, TAROONA FOR MR C A WILLS

FILE REF: DA-2016-114 DATE: 19 APRIL 2016

OFFICER: JOANNE HICKMAN - PLANNING OFFICER

ENDORSED BY: BELINDA LOXLEY – MANAGER DEVELOPMENT SERVICES

Application Number: DA-2016-114 Applicant: Mr C A Wills Zoning: Low Density Residential Discretions: Heritage Code Existing Land Use: Residential No. of Representations: One (1) Planning Issues: Impact on heritage values Recommendation: Approval subject to conditions

1. THE PROPOSAL IN DETAIL

1.1 The Proposal

An application was received for 7 Winmarleigh Avenue, Taroona on the 24 March 2016 for a proposed extension to a single dwelling in the Low Density Residential Zone requiring a relaxation to the Heritage Code according to the Kingborough Interim Planning Scheme 2015 (the Scheme).

The existing single dwelling is a single storey brick structure with painted, corrugated, galvanised iron roof sheeting. The proposed extension is a second storey design with fibre cement weatherboard clad walls and a hip roof which will have Colorbond, custom orb roof sheeting.

The proposed first floor extension is 9.585 m long x 6.04 m wide and has a maximum height of 7.054 m. The proposal has a first floor area of 52.63 m2 and a ground floor area increase of 7.11 m2. However, the total site cover area has not increased, as the proposed extension is located either located within the existing footprint or under the existing roof line.

The first floor extension is setback 3.729 m from the western side boundary, 4.769 m from the eastern side boundary, 7.884 m from northern front boundary and approximately 25 m from the southern rear boundary. The proposed extension fits within the building envelope requirements.

1.2 The Site

The subject site is an existing, fully serviced, residential allotment which contains an existing dwelling. The locality is an established residential area, characterised by

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lots of a similar size with existing single dwellings. The site is roughly rectangular and measures 716 m2.

The site is located on Winmarleigh Avenue and is approximately 84 m from the junction with the Channel Highway. The site slopes down to the east at a gradient of approximately 1:13.

The subject lot and surrounding lots are zoned Low Density Residential.

Photo 1 – The subject lot 7 Winmarleigh Avenue, Taroona, highlighted in the centre of the image.

Photo 2 – Street view of the existing dwelling at 7 Winmarleigh Avenue, Taroona.

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Photo 3 – Street view of the existing dwelling at 7 Winmarleigh Avenue, Taroona and the adjoining property at 5 Winmarleigh Avenue.

Photo 4 – Street view of the existing dwelling at 7 Winmarleigh Avenue and the adjoining property at 9 Winmarleigh Avenue, Taroona.

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1.3 Background

The application was submitted on 24 March 2016 and the application proceeded to advertising on the 6 April 2016.

There is no other background information relevant to this application.

2. PLANNING ASSESSMENT

2.1 Statutory Implications

The relevant parts of the Scheme are:

x Part 12.0 Low Density Residential Zone

x Code E3 - Landslide Code

x Code E6 - Parking and Access Code

x Code E7 - Stormwater Management Code

x Code E13 – Historic Heritage Code

The following discretions apply to the development:

E13.8 Development Standards for Heritage Precincts

x E13.8.1 Demolition

x E13.8.2 Buildings and Works other than Demolition

Council's assessment of this proposal should also consider the issues raised in the representations, the outcomes of any relevant State Policies and the objectives of Schedule 1 of the Land Use Planning and Approvals Act 1993.

2.2 Public Consultation

The application was advertised in accordance with the requirements of s.57 of the Land Use Planning and Approvals Act 1993 (from 06/04/2016 to 19/04/2016). One (1) representation was received during the public exhibition period.

The following issues were raised by the representor:

(a) Overshadowing

(b) Privacy

(d) Visual impact

(e) Property value

(f) View

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2.3 Strategic Planning

The relevant strategies associated with the Scheme are as follows:

12.1.1 Zone Purpose Statements

The zone purpose statements of the 12.0 Low Density Residential Zone are to:

12.1.1.1 To provide for residential use or development on larger lots in residential areas where there are infrastructure or environmental constraints that limit development.

12.1.1.2 To provide for non-residential uses that are compatible with residential amenity.

12.1.1.3 To avoid land use conflict with adjacent Rural Resource or Significant Agricultural zoned land by providing for adequate buffer areas.

12.1.1.4 To provide for existing low density residential areas that usually do not have reticulated services and have limited further subdivision potential.

12.1.2 Local Area Objectives

The Scheme details separate Local Area Objectives and Desired Future Character Statements for the main towns in the municipal area. The following Local Area Objectives and Desired Future Character Statements are relevant to the assessment of this application.

TAROONA Local Area Objectives Implementation Strategy (a) The relative low residential (a) Infill development should only be density of Taroona will be encouraged on sites convenient maintained and any significant to urban facilities and services. change to higher densities is to be avoided. (b) Areas within Taroona that are (b) Existing larger lot sizes are to be zoned Low Density Residential retained in order that there is are to be developed so that both sufficient land to accommodate visual landscape and natural substantial vegetation on site environmental values are and provide for the desired protected. landscape and natural amenity with only minimal expansion of the existing urban footprint permitted.

Response: No new dwelling is proposed. The proposed extension does not propose the conversion of any area currently landscaped and does not require the removal of any existing vegetation on the site. Therefore the proposal complies with (a) and (b).

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12.1.3 Desired Future Character Statements

TAROONA Desired Future Character Statements Implementation Strategy (a) Taroona is to continue to be a (a) Multi-unit housing is to be seaside suburb mainly containing discouraged other than in the single detached dwellings with vicinity of the Taroona shopping established landscaped gardens. centre. (b) The existing neighbourhood (b) The visual amenity of hillsides character that is associated with and skylines is retained by the area's landscape and providing for larger lots that are environmental values should be able to retain sufficient native protected. vegetation. Native vegetation is to be protected along the coastline and alongside gullies and watercourses. In some cases these areas also provide a buffer or transition between more closely settled urban areas and other areas with high natural values.

Response: No new dwelling is proposed therefore the proposal complies with (a). No native vegetation removal is proposed, therefore the proposal complies with (b).

2.4 Zone

The site is zoned Low Density Residential under the Scheme. This zone provides a range of Use and Development Standards and the proposal is assessed against the relevant provisions as follows:

Clause 12.4.2 Setbacks and building envelope

A1. The first floor extension is setback 7.884 m from northern front boundary which complies with the required 4.5 m setback. Therefore the proposed development complies with the requirements set out in the Acceptable Solution.

A2. No garage or carport is proposed. Therefore the Acceptable Solution is not relevant to the assessment of the application.

A3. The first floor extension is setback 3.729 m from the western side boundary, 4.769 m from the eastern side boundary, 7.884 m from northern front boundary and approximately 25 m from the southern rear boundary. The proposed extension fits within the building envelope requirements.

Therefore the proposed development complies with the requirements set out in the Acceptable Solution.

A4. No trees of high conservation value will be impacted. Therefore the Acceptable Solution is not relevant to the assessment of the application.

Clause 12.4.3 Site coverage and private open space

A1. The proposal has a first floor area of 52.63 m2 and a ground floor area increase of 7.11 m2. However, the total site cover area has not increased, as the proposed

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extension is located under the existing roof line. Therefore the proposed development complies with the requirements set out in the Acceptable Solution.

A2. As there is no increase in the site coverage of the subject lot, the area of private open space will not be changed. Therefore the proposed development complies with the requirements set out in the Acceptable Solution.

Clause 12.4.4 Sunlight and overshadowing

A1. The north facing window in the existing lounge room remains unchanged, the proposed first floor extension includes a new north facing window to the ‘parent’s retreat’ space. Therefore the proposed development complies with the requirements set out in the Acceptable Solution.

A2. The proposal is not a multiple dwelling. Therefore the Acceptable Solution is not relevant to the assessment of the application.

Clause 12.4.5 Width of openings for garages and carports

A1. No garage or carport is proposed. Therefore the Acceptable Solution is not relevant to the assessment of the application.

Clause 12.4.6 Privacy

A1. There are no decks or balconies proposed. Therefore the Acceptable Solution is not relevant to the assessment of the application.

A2. Windows on the first floor are setback greater than 3 m from the side boundaries and 4 m from rear boundary. Therefore the proposed development complies with the requirements set out in the Acceptable Solution.

Clause 12.4.7 Frontage fences

A1. There are no changes to the front fence proposed. Therefore the Acceptable Solution is not relevant to the assessment of the application.

2.5 Code Matters

Code E3 - Landslide Code

The subject lot is classified as a Low Landslide Hazard Area.

Code E6.0 – Parking and Access Code

There is an existing sealed driveway access on the subject lot.

The proposal complies with the requirements of the code as there is sufficient area available for the parking of two (2) cars in accordance with the requirements of Table E6.1.

Code E7 – Stormwater Management Code

The purpose of this Code is to ensure “that stormwater disposal is managed in a way that furthers the objectives of the State Stormwater Strategy”.

Plans have been submitted demonstrating how the roof of the proposed first floor extension will be piped into the existing stormwater management system; therefore complying with the Acceptable Solution of Clause E7.7.1.

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Code E13 – Historic Heritage Code

The site is subject to the Heritage Precinct Overlay therefore the provisions of the Historic Heritage Code apply.

The purpose of this code is:

E13.1.1 To recognise and protect the historic cultural heritage significance of places, precincts, landscapes and areas of archaeological potential by regulating development that may impact on their values, features and characteristics.

E13.4 Development Exempt from this code

In accordance with Clause E13.4 the proposal is not subject to any exemptions under the Code.

E13.8 Development Standards for Heritage Precincts

E 13.8.2 Buildings and Works other than Demolition

Objective:

To ensure that development undertaken within a heritage precinct is sympathetic to the character of the precinct. Acceptable Solution Performance Criteria A1 P1 No Acceptable Solution Design and siting of buildings and works must not result in detriment to the historic cultural heritage significance of the precinct, as listed in Table E13.2. A2 P2 No Acceptable Solution Design and siting of buildings and works must comply with any relevant design criteria / conservation policy listed in Table E13.2, except if a heritage place of an architectural style different from that characterising the precinct. A3 P3 No Acceptable Solution Extensions to existing buildings must not detract from the historic cultural heritage significance of the precinct. A4 P4 New front fences and gates must New front fences and gates must be accord with original design, based on sympathetic in design, (including height, photographic, archaeological or other form, scale and materials), and setback to historical evidence. the style, period and characteristics of the precinct.

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Table E13.2 Heritage Precincts Statement of Historic Cultural Heritage Significance states:

Ref. No. Name of Precinct Statement of Historic Cultural Heritage Significance T2 Taroona, This precinct is significant for reasons including: Winmarleigh Avenue 1. Significant as a good quality streetscape demonstrating the style of house and garden of the 1940's and 1950's streetscape with an essentially Interwar Functionalist style.

2. The precinct has relatively intact post WWII period houses with very few later extensions or modifications from street view.

3. House architectural styles display some variation but remain generally consistent to the one period immediately post WWII.

4. Houses are typically single storey.

5. Front gardens and front setbacks are typically generous and often have no, or low fencing in keeping with the architectural style and period of the house.

6. Front fences are typically absent altogether or low timber railing fences or dwarf concrete or brick fences.

7. Densities are low with a single detached dwelling per property.

8. Dwellings are a mix of red brick or painted weatherboard, often on masonry and face brick foundations.

9. Dwelling roof forms are typically pitch painted gci roofs of simple hip forms.

10. Front gardens are generally lawn with few mature trees and generally low shrubbery and straight concrete paths.

11. Very few properties have visible outbuildings and are further characterised by an absence of free standing garage or carport structures forward of the building line.

12. The continuous mid-20th century post WWII facades and general uniformity of scale create a distinctive visual impression of a post WWII suburb and streetscape of high residential amenity and character.

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The application was referred to council’s Heritage Planner who has provided a report under ‘Referrals’ below and recommended a condition regarding colours and finishes for inclusion on the permit.

2.6 Other matters

There are no other matters relevant to the assessment of the application.

3. REFERRALS AND REPRESENTATIONS

3.1 Internal Referrals

Health

There are no environmental health issues relevant to the proposed development.

Engineering

The following report was prepared by Council’s Development Engineering Officer, Paul Verne.

The above development application has been assessed and the following comments are provided for inclusion in the planning assessment report:

Roads and Traffic

The proposed development is located off Winmarleigh Avenue which is owned and maintained as road by Council.

The submitted plans and details demonstrate compliance with E5.0 Road and Rail Asset Code of Kingborough Interim Planning Scheme 2015.

Parking and Access

The submitted plans and details demonstrate compliance with E6.0 Parking and Access Code of Kingborough Interim Planning Scheme 2015.

Stormwater Management

The submitted plans and details demonstrate compliance with E7.0 Stormwater Management Code of Kingborough Interim Planning Scheme 2015.

Representations

There have been no engineering related representations against the proposed development.

Recommendation

Approval should be subject to engineering conditions.

Natural Resource Management

There are no natural resource management issues relevant to the proposed development.

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Heritage

The following report was prepared by Council’s Heritage Planner, Danielle Gray.

The proposal involves the first floor extension to an existing mid-20th century dwelling at 7 Winmarleigh Avenue in Taroona.

The proposed extension is located directly over the existing lounge room area, as well as a small dining area extension to the rear of the property to extend the current dining room. The ground floor dining room extension is under the existing roofline.

The first floor extension will sit above the current roof line and is a master bedroom with walk in robe, an open room (parent’s retreat or similar) and an ensuite.

The existing single dwelling is constructed of red brick with corrugated sheet roofing.

The proposed extension at first floor level will be clad in CSR Scarborough weatherboards (similar in appearance to weatherboards) with Colorbond roofing. The CSR ‘Scarborough’ weatherboards are not traditional timber but manufactured from fibre cement. The plan notes that no colours and finishes have been selected and are ‘TBA’.

The first floor extension is located in the front half of the overall roof plan and spreads above and across approximately 75% of the existing roof profile when viewed from the street.

While the subject property is not individually listed on the Heritage Code, the site is located within a Heritage Precinct, specifically the T2 Taroona Winmarleigh Avenue Heritage Precinct.

Under Table 13.2 of E13.0 Heritage Code of the Kingborough Interim Planning Scheme 2015, the Statement of Historic Cultural Heritage Significance is as follows:

1. Significant as a good quality streetscape demonstrating the style of house and garden of the 1940’s and 1950’s streetscape with an essentially Interwar Functionalist period.

2. The precinct has relatively intact post WWII period houses with very few later extensions or modifications from street view.

3. House architectural styles display some variation but remain generally consistent to the one period immediately post WWII.

4. Houses are typically single storey.

5. Front gardens and front setbacks are typically generous and often have no or low fencing in keeping with the architectural style and period of the house.

6. Front fences are typically absent altogether or low timber railing fences or dwarf concrete or brick fences.

7. Densities are low with a single detached dwelling per property.

8. Dwellings are a mixture of brick or painted weatherboard, often on masonry and face brick foundations.

9. Dwelling roof forms are typically pitch painted gci roofs of simple hip forms.

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10. Front gardens are generally lawn with few mature trees and generally low shrubbery and straight concrete paths.

11. Very few properties have visible outbuildings and are further characterised by an absence of free standing garage or carport structures forward of the building line.

12. The continuous mid-20th century post WWII facades and general uniformity of scale creates a distinctive visual impression and strong streetscape of high residential amenity and character.

The proposal is required to be assessed under clause E13.8.2 Buildings and Works other than Demolition which covers works in a heritage precinct on a place that is not individually listed. The Objective of this clause is to ensure that development undertaken within a heritage precinct is sympathetic to the character of the precinct.

Of clause E13.8.2, subclauses A1, A2 and A3 are relevant in the assessment of the proposal. A4 is not relevant as it relates to new front fences within a heritage precinct and no front fence is proposed as part of the development.

A1 states that the design and siting of buildings and works must not result in detriment to the historic cultural heritage significance of the precinct as listed in Table E13.2.

A2 states that the design and siting of buildings and works must comply with any relevant design criteria/conservation policy listed in Table E13.2 except if a heritage place of an architectural style different from that characterising the precinct.

A3 states that extensions to existing buildings must not detract from the historic cultural heritage significance of the precinct.

The proposal is discretionary under subclauses A1, A2 and A3. The proposal has no other discretions under the Planning Scheme.

The proposal complies with all development standards for the Low Density Residential zone including privacy standards, height, site coverage, window locations and building envelope/boundary setbacks.

The most relevant statements for the T2 Taroona Winmarleigh Avenue Heritage Precinct are highlighted in bold with a response provided below after all statements:

1. Significant as a good quality streetscape demonstrating the style of house and garden of the 1940’s and 1950’s streetscape with an essentially Interwar Functionalist period.

Response: The first floor extension will be visible from the streetscape but is of a design and scale that is subservient to the 1940’s brick residence. While there are only three other double storey dwellings in the street, the proposal will be comparable in visual impact to the overall streetscape as these.

2. The precinct has relatively intact post WWII period houses with very few later extensions or modifications from street view.

Response: The proposed first floor extension will be clearly visible from the street but sits into the current roof form and does not extend across the entire current façade. The proposed roof form mimics the existing form and the design is clearly subservient to the dwelling and does not make any overt

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architectural statements or introduce any new architectural forms into the streetscape.

3. House architectural styles display some variation but remain generally consistent to the one period immediately post WWII.

Response: The proposal has an architectural style that is clearly subservient to the original 1940’s residence and will not have a detrimental impact upon the architectural style of the house or the overriding architectural styles in the street, which vary but all fall within the post WWII period.

4. Houses are typically single storey.

Response: The proposed design will amend the existing house from a single storey residence to a double storey residence. The proposed second storey addition is not ideal if one was to ensure that no first floor extensions were allowed at all in the Heritage Precinct. However the Heritage Precinct statements do not specifically rule out first floor extensions, just that houses are typically single storey. There are other examples in the streetscape that are of a similar design and scale to that proposed and these do not detract from the streetscape or have a noticeably negative input into the streetscape. However one thing to note from these other examples is that these first floor extensions are of the same materials and colours and finishes as the ground floor of the dwelling.

In the instance of this proposal for 7 Winmarleigh Avenue, the proposed extension is of a completely different material (CSR fire cement sheeting) in contrast to the first floor 1940’s red brick. No colours are given in the proposal plans. The proposed roofline however is consistent with the original roof form. In its favour, the proposed first floor extension noticeably tapers in from the ground floor and also is incorporated into the existing roof form, rather than the existing roof form being obliterated altogether and the extension spreading across the entire building footprint. However consideration would have to be given to the actual CSR sheeting to ensure that it is of a weatherboard form consistent with traditional weatherboard forms (as opposed to a modern sheet look) and that colours of the first floor CSR fibre cement wall cladding should be as close as possible to the 1940’s brickwork at ground floor level. A white, cream or another lighter colour that does not closely mimic the red brick colour is considered inappropriate and should not form part of any approval. Lighter colours will emphasise the first floor addition, make it contrast with the ground floor 1940’s dwelling and also make it stand out in the streetscape. Careful consideration of final colours and wall cladding finishes will also ensure that the first floor extension is in keeping with other first floor extensions in the street which have matching colours and finishes and are subservient in design to the ground floor level, as well as sitting within the existing roof form.

5. Front gardens and front setbacks are typically generous and often have no or low fencing in keeping with the architectural style and period of the house.

Response: The proposal will have no impact on the front garden or existing front setback of the dwelling. The proposed first floor extension sits back from the current front façade and will sit within the existing roof form. The rear dining room extension is under the existing roofline and will have no impact at all on any garden or private open space area.

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6. Front fences are typically absent altogether or low timber railing fences or dwarf concrete or brick fences.

Response: The proposal does not seek approval for any front fences and therefore this clause is not relevant in the proposal.

7. Densities are low with a single detached dwelling per property.

Response: The proposal will not affect the current density (assessed as overall site coverage rather than floor area against site area) and will maintain the site as containing a single detached dwelling within a garden setting.

8. Dwellings are a mixture of brick or painted weatherboard, often on masonry and face brick foundations.

Response: The proposed extension at first floor level has a roof form that mimics the existing hip roof form. The proposed materials for the new roof at second floor level is Colorbond which is a modern equivalent to corrugated iron sheet roofing common throughout the 20th century from the Edwardian period onwards. However the wall cladding for the first floor extension is of CSR fibre cement cladding with no colours as yet proposed. The elevation drawings indicate that the cladding itself will potentially resemble traditional weatherboard however this is not certain unless conditioned in any permit of approval. Weatherboard is very commonly used for first floor extensions to early and mid-20th century dwellings as well as being a traditional material for wall cladding on rear lean-to additions. Therefore in the event of approving the proposal, conditions should be incorporated that the wall cladding used for the first floor extension closely mimics traditional weatherboard in form and that special consideration is given to ensuring the painted finish is as close as possible to the 1940’s red brick wall cladding at ground level.

9. Dwelling roof forms are typically pitch painted gci roofs of simple hip forms.

Response: The proposed roof form of the first floor addition is in keeping with the current 1940’s roof form and will complement rather than contrast the 1940’s dwelling. The proposal will also retain the existing roof form as the first floor addition will sit within the roof form, as opposed to being a first floor extension that does away with the entire roof form and covers the entire ground floor footprint.

10. Front gardens are generally lawn with few mature trees and generally low shrubbery and straight concrete paths.

Response: The proposal will have no impact on the front garden area.

11. Very few properties have visible outbuildings and are further characterised by an absence of free standing garage or carport structures forward of the building line.

Response: The proposal does not seek approval for any outbuildings and will retain the existing garage in the far southern corner of the rear garden.

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12. The continuous mid-20th century post WWII facades and general uniformity of scale creates a distinctive visual impression and strong streetscape of high residential amenity and character.

Response: The proposal will not result in the loss of the current 1940’s façade of the dwelling but sits above and behind it, within the current roof form. The first floor addition will not result in the subject property being the only double storey house as there are at least three others in the street that have first floors that blend well using the same colours and finishes as well as sitting within the original roof form. The proposed first floor extension itself is relatively modest and is less than 30% of the existing ground floor area. The proposal complies with all standards for development in the Low Density Residential zone including height, building envelope, boundary setbacks, density (site coverage), window locations, overshadowing etc. The proposal will certainly be visible within the streetscape but is of a subservient design that sits within the existing roof form. Additionally, the proposed roof form mimics the original. The only heritage concern relates to colours and finishes of the first floor addition where careful consideration must be given to replicating a traditional weatherboard cladding and selecting a colour that mimics the ground floor 1940’s brickwork. These should be conditioned in any permit of approval to ensure that this is achieved.

3.2 External Referrals

The following external referrals were required or undertaken as part of this application:

There were no external referrals required as part of this application.

3.3 Representations

One (1) representation was received during the public exhibition period and the issues raised are discussed in detail as follows:

(a) Overshadowing

The representor raised concerns that the proposed extension would overshadow the adjacent dwelling, thus reducing the capacity for this dwelling to be solar passively heated and lit by natural light during daylight hours, therefore increasing household power costs as well as comfort and amenity.

Overshadowing is considered in the acceptable solutions and performance criteria of the low density residential zone standards.

A sun shadow diagram was provided after the advertising period. This diagram indicated that there would be minimal additional overshadowing of the adjacent dwellings between 9 am and 3 pm on the 21 June.

The proposed extension complies with the relevant standards acceptable solutions. See Clause 12.4.2 Setbacks and building envelope above for further detail.

(b) Privacy

The representor raised concerns that the proposed extension would infringe on their privacy.

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Privacy is considered in the acceptable solutions and performance criteria of the low density residential zone standards.

The majority of the proposed windows are north facing. The proposed south facing window is located in the ensuite and will be 0.6 x 0.6 m in size. The proposed west facing window is located in the stairwell and will be 0.9 x 1.2 m in size. The proposed east facing window is located in the master bedroom and will be 1.8 x 1.2 m in size.

All proposed first floor windows are setback over 3 m from the side boundaries and 4 m from the rear boundary.

The proposed extension complies with the relevant standards acceptable solutions. See Clause 12.4.6 Privacy.

The representor raised concerns that the proposed extension would impact on the amenity of their property.

The proposed extension complies with the acceptable solutions of all of the relevant standards of the Low Density Residential Zone including: 12.4.2 Setbacks and building envelope; Clause 12.4.3 Site coverage and private open space; and 12.4.6 Privacy.

(d) Visual impact

The representor raised concerns that the proposed extension would not minimise the visual impact of the proposal and suggested that it would be more appropriate to design a ground floor extension.

A ground floor extension to the existing dwelling would create a requirement for a relaxation of Site Coverage therefore the proposal submitted is more compliant with the standards of the Scheme.

The proposed extension complies with the acceptable solutions of all of the relevant standards of the zone. Council’s heritage planner has assessed the application in regards to E13.0 Historic Heritage Code and concluded that the proposal meets the Performance Criteria.

(e) Property value

The representor raised concerns that the proposed extension will negatively impact upon the value of their property.

No evidence of a decrease in value has been provided and regardless property values are not a consideration of the Scheme.

(f) View

The representor raised concerns that the proposed extension will negatively impact upon views.

Views are not a consideration of the Scheme.

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4. STATE POLICIES AND ACT OBJECTIVES

The proposal is consistent with the outcomes of the State Policies, including those of the State Coastal Policy.

The proposal is consistent with the objectives of Schedule 1 of the Land Use Planning and Approvals Act 1993.

5. CONCLUSION

The proposal is for an extension and alterations to an existing single dwelling in a heritage precinct according to the Kingborough Interim Planning Scheme 2015.

The proposal is fully compliant with the relevant standards, as the design for the proposed extension and alterations to an existing single dwelling is considered acceptable and meets the requirements of the relevant Acceptable Solutions or Performance Criteria. The application is therefore recommended for approval subject to conditions.

7. RECOMMENDATION

MOVED SECONDED

That in accordance with Council Policy 1.1 – Delegated Authority Policy, the Planning Authority resolves that the report of the Manager Development Services be received and that the development application for extension and alterations to existing dwelling at 7 Winmarleigh Avenue, Taroona for Mr C A Wills be approved subject to the following conditions:

1. Except as otherwise required by this Permit, use and development of the land must be substantially in accordance with Development Application No. DA-2016-114 and Council Plan Reference No. P1 submitted on 24 March 2016. This Permit relates to the use of land or buildings irrespective of the applicant or subsequent occupants, and whoever acts on it must comply with all conditions in this Permit. Any amendment, variation or extension of this Permit requires further planning consent of Council.

2. To ensure that the external colours and finishes of the proposed development do not contrast with the existing dwelling, the external building materials of all buildings applying to this development must be of types and colours that complement the external materials of the existing mid-20th century brick residence and the surrounding Heritage Precinct environment and must be to the satisfaction of the Manager – Development Services. Unpainted metal surfaces and contrasting colours and finishes will not be approved.

Specifically, the colours and finishes for the CSR fibre cement sheeting used for the wall cladding of the extension must resemble as closely as possible colours and hues of the 1940’s external red brick walls of the dwelling. Samples must be provided to Council prior to the release of the building permit and must be to the satisfaction of the Manager Planning.

Likewise the appearance of the CSR fibre cement cladding must closely resemble traditional weatherboard paling cladding. Samples must be provided to Council prior to the release of the building permit and must be to the satisfaction of the Manager Planning.

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3. A drainage design plan in accordance with the Director of Building Control Specified List, Schedule 2, at a scale of 1:200, designed by a qualified hydraulic engineer, showing the location of the proposed sewer and stormwater house connection drains; including the pipe sizes, must be submitted with the application for Building Permit.

5. The stormwater runoff from all concrete, paved, or otherwise sealed areas must be collected and discharged the existing council approved discharge point. All works in relation to the discharge of stormwater is to be completed to the satisfaction of the Executive Manager - Engineering Services.

ADVICE

B. This Permit does not constitute building approval. The developer should obtain a Building Permit for the development prior to commencing construction.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

Attachments:

1. Location Plan (1) 2. Proposal Plans (6) 3. Sun shadow diagram (1)

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Site plan

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Ground floor plan

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First floor plan

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Elevations

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Elevations

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Roof plan

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Sun shadow diagram provided on the 21 April 2016

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REPORT TO: PLANNING AUTHORITY

SUBJECT: DA-2015-473 - DEVELOPMENT APPLICATION FOR COMMERCIAL SHED REQUIRING RELAXATION OF SIDE BOUNDARY SETBACK AT 175 TINDERBOX ROAD, TINDERBOX FOR G HILLS & PARTNERS ARCHITECTS

FILE REF: DA-2015-473 DATE: 13 APRIL 2016

OFFICER: MARY GIBBS - PLANNING OFFICER

ENDORSED BY: BELINDA LOXLEY – MANAGER DEVELOPMENT SERVICES

Application Number: DA-2015-473 Applicant: G Hills & Partners Architects

Zoning: Environmental Living

Discretions: Clause 14.4.2 Setback (P2) Side boundary setback Clause 14.4.3 Design (P3) Gross floor area of buildings Clause 14.4.4 Outbuildings Clause E6.6.1 Number of car parking spaces Clause E6.7.13 Facilities for commercial vehicles Clause E14.7.2 Appearance of buildings and works within Scenic Landscape Areas (P1) Buildings visible from public spaces Clause E14.7.2 Appearance of buildings and works within Scenic Landscape Areas (P2) Works visible from public spaces

Existing Land Use: Business and Professional Services - Institute of Mine Seismology (IMS) No. of Representations: 1 Planning Issues: Change to an existing non-conforming (prohibited) use Visual amenity Recommendation: Approval with conditions

1. THE PROPOSAL IN DETAIL

1.1 The Proposal

To construct and use an 8m x 15m shed for the purpose of storing equipment and stock for the use of the existing business on the site – Institute of Mine Seismology (IMS). The shed is proposed to be located to the north of the existing building on the site, at the same level on an existing cleared area, within the building envelope on the title. No vegetation is proposed to be removed beyond one large white gum which has recently collapsed.

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1.2 The Site

The site is 2.073ha in size, very steep, sloping downhill west to east towards Tinderbox Road. The upper (western) half of the site is densely vegetated with native bush. The lower half of the site has been developed to support the existing use, including a large driveway and parking area. Some native vegetation has been retained along the northern and southern side boundaries.

Figure 1: Aerial image of 175 Tinderbox Road, Tinderbox. NB existing parking area not shown on aerial image.

Figure 2: Photograph of front of site, showing existing building and parking area extending up into site.

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Figure 3: Photograph of proposed shed site, looking east, with fallen tree in background.

1.3 Background

A dwelling was approved to be constructed on the site in 2002 but was not completed until 2008. In 2014 a change of use from a dwelling to offices for the current company was approved with parking to be constructed behind the offices (DA-2014-191). Later in 2014, approval was given for 10 parking spaces to be constructed in front of the offices instead of behind and for the offices to be extended (DA-2014-296). In 2015, approval was given to extend parking by an additional 5 spaces (DA-2015-135). All of these proposals were approved under the Kingborough Planning Scheme 2000, under which the Business and Civic Use Class’ was discretionary in the Environmental Management Zone.

The current application is the first to be considered under the Kingborough Interim Planning Scheme 2015.

2. PLANNING ASSESSMENT

2.1 Statutory Implications

The land is zoned Environmental Living under the Kingborough Interim Planning Scheme 2015 (the Scheme). The proposal has been assessed under the Business and Professional Services Use Class provisions of the Scheme. This Use Class is prohibited within the Environmental Living Zone.

However, Clause 9.1 of the Scheme enables an extension to an existing non- conforming use to be considered as follows:

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9.1 Changes to an Existing Non-conforming Use

9.1.1

Notwithstanding any other provision in this planning scheme, whether specific or general, the planning authority may at its discretion, approve an application:

(a) to bring an existing use of land that does not conform to the scheme into conformity, or greater conformity, with the scheme; or

(b) to extend or transfer a non-conforming use and any associated development, from one part of a site to another part of that site; or

where there is –

(a) no detrimental impact on adjoining uses; or

(b) the amenity of the locality; and

In exercising its discretion, the planning authority may have regard to the purpose and provisions of the zone and any applicable codes.

In addition to Clause 9.1, the relevant parts of the Scheme are:

x Part 14.0 Environmental Living Zone

x Code E1.0 Bushfire-Prone Areas

x Code E3.0 Landslide

x Code E5.0 Road and Rail Asset

x Code E6.0 Parking and Access

x Code E7.0 Stormwater Management

x Code E10.0 Biodiversity

x Code E14.0 Scenic Landscapes

The following discretions apply to the development:

(a) Clause 14.4.2 Setback (P2) Side boundary setback

(b) Clause 14.4.3 Design (P3) Gross floor area of buildings

(d) Clause E6.6.1 Number of car parking spaces

(e) Clause E6.7.13 Facilities for commercial vehicles

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(f) Clause E14.7.2 Appearance of buildings and works within Scenic Landscape Areas (P1) Buildings visible from public spaces

(g) Clause E14.7.2 Appearance of buildings and works within Scenic Landscape Areas (P2) Works visible from public spaces

2.2 Public Consultation

The application was advertised in accordance with the requirements of s.57 of the Land Use Planning and Approvals Act 1993 (from 30/3/2016 to 12/4/2016). One representation was received during the public exhibition period.

The following issues were raised by the representors:

(a) That the proposal should not be approved as the use is prohibited and a disturbance to the area.

(b) That the existing development has negatively affected the amenity of adjoining neighbours, with installed vegetation screening apparently not maintained.

(c) That the proposed shed encroachment into the permitted side boundary setback may conflict with emergency fire access to the rear of the existing building.

(d) The location of the proposed shed has been cleared and altered, and potentially resulted in the loss of the large tree adjacent to the site.

(e) The proposal appears to contravene covenants on the title.

(f) The proposed shed should not be considered as minor as it is 120sqm in size and 14.8m from the existing building.

(g) The proposal and existing development may negatively affect values of neighbouring properties.

(h) This is the first application of which the owner has been notified.

2.3 Strategic Planning

The relevant strategies associated with the Scheme are as follows:

14.1.1 Zone Purpose Statements of the Environmental Living zone

The zone purpose statements of the Environmental Living zone are to:

14.1.1.1 To provide for residential use or development in areas where existing natural and landscape values are to be retained. This may include areas not suitable or needed for resource development or agriculture and characterised by native vegetation cover, and where services are limited and residential amenity may be impacted on by nearby or adjacent rural activities.

14.1.1.2 To ensure development is reflective and responsive to the natural or landscape values of the land.

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14.1.1.3 To provide for the management and protection of natural and landscape values, including skylines and ridgelines.

14.1.1.4 To protect the privacy and seclusion that residents of this zone enjoy.

14.1.1.5 To provide for limited community, tourism and recreational uses that do not impact on natural values or residential amenity.

14.1.1.6 To encourage passive recreational opportunities through the inclusion of pedestrian, cycling and horse trail linkages.

14.1.1.7 To avoid land use conflict with adjacent Rural Resource or Significant Agriculture zoned land by providing for adequate buffer areas.

As the proposed shed is to be located in an area already cleared and disturbed, it will result in minimal impact on natural values and skylines. It is understood from the applicant that this area has been cleared for some time, although additional leveling and clearing appears to have occurred recently, with the exception of one large white gum which has since collapsed. It is not clear to what extent management of the site has contributed to collapse of the tree, although it is noted that the tree had been on a significant lean for a long time.

The shed is to be located on the same contour level as the main building, with a maximum height of 3.5m. It is within the building envelope on the title, but requires a relaxation of side boundary setback on the northern side of the property from 30m to 20m, with native vegetation remaining between the shed and the boundary. A permit condition is recommended for some additional vegetation screen planting on the northern side of the shed. It is considered that the proposal meets the zone purpose statements.

Clause 9.1 Changes to an existing non-conforming use

The proposal is considered to be relevant to both (b) and (c) under this clause in that it is an extension of a non-conforming use to another part of the site, and a minor development to the use. It is considered minor in that it is providing storage for the existing business, and not providing additional office capacity, carparking or other capacity. It is noted that it is a large shed at 8m x 15m, but there is no definition or quantification of ‘minor development’ in the Scheme, so it must be considered in the context of the existing use of the site.

It is considered that the proposal in itself does not result in any detrimental impact on adjoining uses, the amenity of the locality, or substantial intensification of the use. It is noted that the submitted representation raises concerns about local amenity primarily in regard to the existing development, which was approved under the previous planning scheme. While the amenity impacts of the existing development, particularly the parking area, are acknowledged, the proposed shed is not considered likely to further detract from the amenity of the area, particularly if vegetative screening is provided. A permit condition is recommended that requires vegetative screening on both the eastern and northern sides of the shed.

Therefore the proposal is considered to be able to be approved under Clause 9.1 of the Scheme. However, an advice clause is recommended for the permit, stating that any development which constitutes an intensification of use, such as additional parking or office space, is unlikely to be approved. Additional sheds would also likely be seen as unreasonable.

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2.4 Zone

The site is zoned Environmental Living under the Scheme. This zone provides a range of Use and Development Standards and the proposal is assessed against the relevant provisions as follows:

Clause 14.3.1 Non-Residential Use

(A1) The proposal includes a statement that the shed will not be used outside existing office hours of 8am-5pm Monday-Friday.

(A2) The proposed use is extremely unlikely to exceed the permitted decibel levels of 55dB(A) (LAeq) between 8am and 6pm. These noise levels reflect the levels reached by traffic on a highway. In addition, neighbours are always entitled to complain about noise pollution under the Environmental Management and Pollution Control Act 1994, if they believe that acceptable noise levels have been exceeded.

Therefore the proposal complies with the Acceptable Solution under this clause. A permit condition is recommended enforcing the hours permitted under the Scheme to ensure that, if office hours are extended, the use of the shed and office do not extend beyond permitted hours.

Clause 14.4.1 Building Height

The proposed building has a maximum height above natural ground level of 3.5m, substantially below the maximum permitted height of 7.5m. Therefore the proposal complies with the Acceptable Solution under this clause.

Clause 14.4.2 Setback

(A1) The proposal complies with the permitted front boundary setback being more than 30m from the front boundary. Therefore the proposal complies with the Acceptable Solution under this clause.

(A2) Although within the building envelope on the title, the proposal seeks a relaxation of the permitted side boundary setback on the northern side from 30m to 20m. Therefore the proposal must comply with the Performance Criteria.

(P2) The setback is considered to comply with the Performance Criteria in that:

(a) It does not encroach further into the existing native vegetation on that side of the property and so has regard to the landscape;

(b) The proposed shed will have no impact on overlooking or privacy. With additional vegetative screening to the north and east, it will have no significant visual impact on amenity, particularly as it is low in height and on the same level as the existing building;

Clause 14.4.3 Design

(A1) The proposal complies with the Acceptable Solution in that the shed is to be located within the building area provided on the title.

(A2) The proposed shed is to be a colour that has a Solar Absorptance score of greater than 0.6, which should equate to a light reflectance of not greater than 40%. A permit condition is recommended requiring compliance with the Scheme standard.

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(A3) The existing building is ~400sqm in floor area, and the proposed shed is 120sqm in size. Therefore the proposal exceeds the permitted maximum gross floor area of buildings of 300sqm.

(P3) The proposal is considered to comply with the Performance Criteria in that:

(a) There is not considered to be any unreasonable impact on natural values;

(b) There is not considered to be any unreasonable impact on the landscape resulting from the addition of the shed; it is in proportion with the existing building, and will be barely visible from the road or from the adjacent properties to the north and south, even without additional recommended vegetative screening;

(c) This clause requires buildings to be ‘consistent with the domestic scale of dwellings on the site or in close visual proximity’. The proposed shed is considered to be in keeping with the scale of the existing main building on the site. It is noted that the existing structure is larger than the dwellings on adjacent properties, but this is not the test to be applied.

(d) No Desired Future Character Statements are applied.

(A4) There is already substantial cut and fill in the general area of the proposed shed as a result of previous construction of the dwelling extension and associated parking (see Figure 3). It appears that no additional cut and fill is proposed. A permit condition is recommended requiring that no additional cut and fill be undertaken other than for establishment of foundations.

Clause 14.4.4 Outbuildings

(A1) The proposed shed has a floor area of greater than 80sqm, and so does not comply with the Acceptable Solution.

(P1) The proposal is considered to comply with the Performance Criteria in that it:

(a) Will be less visually prominent than the existing main building on the site, due to its height and positioning;

(b) N/A

Clause 14.4.5 Environmental Values

The proposal complies with the Acceptable Solution in that it is located within a building area on the title.

2.5 Code Matters

Code E1.0 Bushfire Prone Areas Code

This Code does not apply to the proposal as no hazardous substances are proposed to be stored. A permit condition is recommended enforcing this requirement.

Code E3.0 Landslide Code

This Code does not apply to the proposal as the shed is proposed to be constructed within a ‘Low’ Landslide Hazard Area.

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Code E5.0 Road and Rail Asset Code

This Code is addressed under Section 3.1 Internal Referrals – Engineering below.

Code E6.0 Parking and Access Code

This Code is addressed under Section 3.1 Internal Referrals – Engineering below.

Code E7.0 Stormwater Management Code

This Code is addressed under Section 3.1 Internal Referrals – Engineering below.

Code E10.0 Biodiversity Code

This Code does not apply to the proposal as no native vegetation is proposed to be removed for the purpose of the shed. It is noted that a large white gum has recently fallen on the site, which was assessed by an arborist in early 2015 as stable but was on a substantial lean. Management of the area around the tree at the time, namely deposition of fill, was deemed to be potentially detrimental to the health of the tree. In regards to the current proposal, if there was a clear link between works for the shed and the loss of the tree, there would be grounds to seek a financial offset for its loss. However, given the lean of the tree when upright, is very difficult to be certain as to the degree to which management of the site has contributed to its demise. Therefore the loss of the tree must be considered to be incidental to the proposed development and an offset is not recommended.

Permit conditions are recommended requiring that no further vegetation clearing or disturbance be undertaken, no additional cut or fill created, and that remaining vegetation around the proposed shed site be protected throughout construction.

Code E14.0 Scenic Landscape Code

Clause E14.7.2 Appearance of Buildings and Works within Scenic Landscape Areas

(A1) The proposed shed will be visible from Tinderbox Road, and is not an extension to an existing building, and so does not comply with the Acceptable Solution under this clause.

(P1) The proposal is considered to comply with the Performance Criteria in that it will:

(a) Have non-reflective finishes sympathetic to the bush surroundings;

(b) Minimise additional cut and fill and have a low roof-line; and

(A2) Any works associated with the shed will be visible from Tinderbox Road, and so does not comply with the Acceptable Solution under this clause.

(P2) The proposal is considered to comply with the Performance Criteria in that additional cut and fill will be minimised, with a requirement to vegetate the existing batter below the shed where any exposed areas remain.

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3. REFERRALS AND REPRESENTATIONS

3.1 Internal Referrals

Health

There are no environmental health issues relevant to the proposed development.

Engineering

The following report was prepared by Council’s Development Engineering Officer, Paul Verne.

Roads and Traffic

The proposed development is located off Tinderbox Road, Tinderbox which is owned and maintained as a road by Council.

The submitted plans and details demonstrate compliance with E5.0 Road and Rail Asset Code of the Scheme.

Parking and Access

The submitted plans and details demonstrate compliance with E6.0 Parking and Access Code of the Scheme

Clause E6.6.1 Number of Car Parking Spaces

The plans and supporting documentation addresses the performance criteria because the current site has sufficient car parking to cater for the increase in storage area.

Clause E6.7.13 Facilities for Commercial Vehicles

The plans and supporting documentation addresses the performance criteria because commercial vehicle arrangements for loading, unloading or manoeuvring do not compromise the safety and convenience of vehicular traffic, cyclists, pedestrians and other road users.

Stormwater Management

The submitted plans and supporting documentation demonstrate compliance with E7.0 Stormwater Management Code of the Scheme.

Electricity and Telecommunications

The provision, removal or relocation of electricity and/or telecommunications infrastructure shall be in accordance with Kingborough Planning Interim Scheme 2015 and requirements of TasNetworks and/or telecommunication authorities who supply these services.

Representations

There have been no engineering related representations against the proposed development.

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Recommendation

Approval should be subject to engineering conditions.

Natural Resource Management

Natural resource management issues have been addressed in discussion under Code E10.0 Biodiversity above.

3.2 External Referrals

The following external referrals were required or undertaken as part of this application:

There were no external referrals required as part of this application.

3.3 Representations

The issues raised by the representor are addressed as follows:

(a) That the proposal should not be approved as the use is prohibited and a disturbance to the area.

This matter is addressed in discussion under Clause 9.1 above.

(b) That the existing development has negatively affected the amenity of adjoining neighbours, with installed vegetation screening apparently not maintained.

It is acknowledged that the existing carpark in particular is highly visible from Tinderbox Road and from the neighbouring properties. However, this assessment can only consider the proposed shed and its impact. It is noted that no additional parking is proposed as part of this application.

The impact of the proposed relaxation of side boundary setback is discussed in regard to the Zone provisions above. A permit condition is recommended requiring installation and maintenance of vegetation screening on the northern side of the proposed shed.

(c) That the proposed shed encroachment into the permitted side boundary setback may conflict with emergency fire access to the rear of the existing building.

There is no requirement under current bushfire management provisions to maintain access to the rear of the dwelling. In any case, the rear of the site is inaccessible by vehicles, and the shed leaves ample room for access on foot.

(d) The location of the proposed shed has been cleared and altered, and potentially resulted in the loss of the large tree adjacent to the site.

Some clearing of the area was previously approved for deliveries and parking to the northern end of the extended building. Given the substantial lean of the tree when standing, it is unclear the extent to which the works in the vicinity have resulted in the tree’s loss.

(e) The proposal appears to contravene covenants on the title in regard to not constructing more than a single residence for a family and associated

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outbuildings, needing consent to remove a tree, and not to construct outside the building area on the plan.

The covenants on the title all require the consent of the ‘Corporation’ which is not defined on the title but usually refers to the Council as a planning authority. Therefore the proposal is not in breach of the covenants if consent of the Council is given. It is noted that the proposed shed is in fact within the building area on the title.

(f) The proposed shed should not be considered as minor as it is 120sqm in size and 14.8m from the existing building.

As discussed in Section 2.3 of this report above, there is no definition of ‘minor development’ in the Scheme. The shed is larger than a residential shed, but is in keeping with the scale of the existing building.

(g) The proposal and existing development may negatively affect values of neighbouring properties.

Council has no head of power to consider property values under the Scheme.

(h) This is the first application of which the owner has been notified.

This matter does not relate to the current application. Council’s records indicate that letters for previous applications were sent to the adjacent properties but that the owners may have been absent.

4. STATE POLICIES AND ACT OBJECTIVES

The proposal is consistent with the outcomes of the State Policies, including those of the State Coastal Policy.

The proposal is consistent with the objectives of Schedule 1 of the Land Use Planning and Approvals Act 1993.

5. CONCLUSION

The proposed shed is considered to comply with the fundamental requirements under Clause 9.1 for permissible change to an existing non-conforming use, which may be approved by the planning authority at its discretion. The proposal is also considered to comply with the majority of relevant Acceptable Solutions under the Scheme, with no substantial discretions. Any potential impact on amenity, which is considered to be minor, is able to mitigated by screen planting as per recommended permit conditions. An advice clause is also recommended for the permit, clarifying for the landowners than no intensification of the existing use will be approved.

The proposal is recommended to be approved with permit conditions.

8. RECOMMENDATION

MOVED SECONDED

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boundary setback at 175 Tinderbox Road, Tinderbox for G Hills & Partners Architects be approved subject to the following conditions:

1. Except as otherwise required by this Permit, use and development of the land must be substantially in accordance with Development Application No. DA-2015-473, Council Plan Reference No. P2 submitted on 4 December 2015 and No. P4 submitted on 11 March 2016, and statement of proposed use submitted 9 March 2016. This Permit relates to the use of land or buildings irrespective of the applicant or subsequent occupants, and whoever acts on it must comply with all conditions in this Permit. Any amendment, variation or extension of this Permit requires further planning consent of Council.

2. The external cladding material used for the shed must be coloured using colours with a light reflectance value not greater than 40 percent.

3. A drainage design plan in accordance with the Director of Building Control Specified List, Schedule 2 at a scale of 1:200, designed by a qualified hydraulic engineer, showing the location of the proposed stormwater house connection drains; including the pipe sizes, pits and driveway drainage, must be submitted with the application for Building Permit.

4. No felling, lopping, ringbarking, slashing or otherwise disturbing or clearing of native vegetation or individual trees is to take place without further written approval of Council.

Prior to commencement of works, visible barriers to machinery (such as parawebbing, fencing or similar, must be erected around the construction site to protect adjacent native understory vegetation and trees. These barriers must be maintained throughout construction. For any trees within 10m of the proposed works, a Tree Protection Zone (calculated as 12 x trunk diameter at 1.4m above ground in accordance with AS 4970-2009) must be established and maintained during construction to exclude:

• Storing of building materials;

• Vehicular traffic;

• Placement of fill; and

• Excavation works.

5. To reduce the spread of weeds or pathogens and maintain the weed free status of the property, all machinery must take appropriate hygiene measures prior to entering and leaving the site as per the Tasmanian Washdown Guidelines for Weed and Disease Control produced by the Department of Primary Industries, Parks, Water and Environment.

Any imported fill materials are to be sourced from quarries able to provide documentation as to the weeds present on the source site in order to minimise introduction of new weeds and pathogens to the area.

6. No additional excavation or deposition of fill is to be undertaken on the site other than for installation of foundations for the shed within existing levelled areas.

7. Prior to the commencement of site works a soil and water management plan must be submitted to Council and implemented. The plan must be in accordance with NRM South Soil and Water Management of Construction Sites – Guidelines and

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Tasmanian Standard Drawings (TSD-SW28). A site inspection by the Council’s Development Inspector must be satisfactorily undertaken prior to the commencement of any work on site.

8. The stormwater runoff from all concrete, paved, or otherwise sealed areas must be collected and contained within the property or discharged to a Council approved discharge point. All works in relation to the discharge of stormwater is to be completed to the satisfaction of the Executive Manager - Engineering Services.

9. Screening vegetation must be provided adjacent to the northern and eastern sides of the shed, using species which will reach a mature height of 3.5m or more. Any areas of exposed soil on the batter below the shed must be planted out at a density sufficient to provide vegetative cover of the batter. Environmental weed species, as listed on the Department of Primary Industries, Parks, Water and Environment website, must not be planted. Vegetation must be installed prior to commencement of use of the shed and maintained with deceased plants replaced.

10. Except for office and administrative tasks, operating hours are restricted to the following:

Monday – Friday: 8am-6pm

Saturday: 9am-12pm

Sunday and Public Holidays: Nil

11. The shed must not be used to either:

a) Store an amount of hazardous chemicals exceeding the manifest quantity as specified in the Work Health and Safety Regulations 2012; or

b) Store explosives.

ADVICE

B. This Permit does not constitute building approval. The developer should obtain a Building Permit for the development prior to commencing construction.

C. Please be advised that the existing use of the site is classified as Business and Professional Services Use Class under the Kingborough Interim Planning Scheme 2015, and that this use class is prohibited within the Environmental Living Zone. While this proposal has been approved as a ‘change to an existing non-conforming use’ as defined under Clause 9.1.1 of the Scheme, these provisions do not allow for ‘substantial intensification of the use of any land, building or work’. Therefore, any proposal considered to constitute such intensification will not be approved. This includes additional office space, parking

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space, additional large sheds or other development which allows for the existing use to be expanded.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

Attachments:

1. Location Plan (1) 2. Proposal Plans (2)

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OPEN SESSION OF COUNCIL RESUMES

The open session of Council resume at

REPORTS OF OFFICERS

REPORT TO: COUNCIL

SUBJECT: TASMANIAN PLANNING SCHEME AND REVIEW OF STATE PLANNING PROVISIONS FILE REF 17.195 DATE: 2 MAY 2016

OFFICER: TONY FERRIER - DEPUTY GENERAL MANAGER

ENDORSED BY: GARY ARNOLD - GENERAL MANAGER

1. PURPOSE

Strategic Plan Reference

Key Priority Area 2 Sustainable land use and infrastructure management Strategic Outcome 2.3 Development is of a high quality, with due consideration given to public amenity, heritage, landscape, easy access, sustainable design and efficient approval processes. Strategy 2.3.1 Ensure that an efficient approval and regulatory system is in place that provides for sustainable development and certainty for both developers and potentially affected local community.

1.1 The purpose of this report is to consider the development of the Tasmanian Planning Scheme and a response to the draft State Planning Provisions.

2. BACKGROUND

2.1 The Tasmanian Government is reforming the State’s planning system by introducing a single planning scheme. At the end of 2015 the Tasmanian government introduced legislation that provided for the development of a Tasmanian Planning Scheme.

2.2 In future, all planning schemes will include the same State Planning Provisions (SPP) and these will ensure that all planning authorities will consider development applications in a consistent manner. These State Planning Provisions cannot be amended by Councils and consist of:

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x the Purpose and Objectives of the scheme, Administrative Provisions, Exemptions and General Provisions;

x the Zones and all of the development standards that relate to each of these Zones; and

x the 15 Codes and all of the development standards that relate to each of these Codes.

2.3 Local Provision Schedules (LPS) are to be prepared by each of the planning authorities once the SPPs have been finalised. Following this, the LPS will also be publicly exhibited and considered by the Tasmanian Planning Commission by way of a statutory hearing and assessment process. An LPS will in future be able to be changed by way of the normal planning scheme amendment procedures (this usually being by way of a rezoning application made to the planning authority, which is then initiated, certified, advertised and submitted to the Commission).

2.4 The draft SPPs have now been released by the State government for public comment. All comments must be submitted by 18 May 2016. The initial draft of these provisions was prepared by the Planning Reform Taskforce. The Land Use Planning and Approvals Act 1993 requires that the Commission make the draft SPPs available for comment, then consider the submissions and report back to the Minister. This current report contains the matters that will be within a submission from Council.

2.5 The draft SPPs are accompanied by an explanatory document that includes an overview of the process, a clause by clause explanation, an explanation of the LPS, and implementation guidelines.

2.6 The public release and review of the SPPs is a separate process to the current review that is also occurring of the existing Kingborough Interim Planning Scheme 2015 (KIPS2015) which replaced the previous Kingborough Planning Scheme 2000. As this new scheme was an “interim” scheme that had not been previously formally advertised, it was necessary that it be placed on public exhibition, as required under the Land Use Planning and Approvals Act 1993.

2.7 The KIPS2015 was placed on public exhibition during July and August 2015. Submissions were received and a subsequent report was considered by Council in November 2015. The Tasmanian Planning Commission then conducted hearings during late February and early March 2016. The Commission considered all of the matters raised and in a number of cases (where Council agreed with the public submission) issued instructions to prepare an urgent amendment to the current scheme. The Commission is still considering other matters that were raised in other public submissions.

2.8 This KIPS2015 will remain in force up until that time when it is replaced by a new scheme that includes the final SPPs and LPS. The review of this interim scheme will influence Council’s drafting of the future LPS.

3. STATUTORY REQUIREMENTS

3.1 The Land Use Planning and Approvals Act 1993 (LUPAA) provides the statutory framework for the establishment of new planning schemes and the amendments to existing planning schemes. The LUPAA provisions that directly relate to the State Planning Provisions are within Part 3 of LUPAA and include

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Sections 13 through to 30T. The Minister is responsible for making and amending the SPPs.

4. DISCUSSION

4.1 In reviewing the draft State Planning Provisions, a number of issues of concern have been identified and these are described in the various sections below.

Local objectives and desired future character

4.2 The SPPs include standard development controls that must be applied uniformly across Tasmania within the 22 Zones and the 15 Codes. The most important issue in this regard is that the application of such consistent provisions will inevitably create anomalies or problems for local areas. Such an approach assumes that the character of all land that is similarly zoned will be the same. This of course is not the case and the provisions need to accommodate the real need to protect local character. The proposed approach will result in inappropriate developments that adversely impact on this desired local character, though in many cases, it is acknowledged that most of these impacts cannot be predicted and will become apparent over time as development proposals emerge.

4.3 There is little capacity to include local objectives in the new schemes – and no capacity to include desired future character statements. Such provisions have been a major part of previous Kingborough planning schemes so this will be a major change for this municipality with many local communities having strong views on how the planning scheme can best protect the character (and the values they hold dear) of their local area.

4.4 The SPPs provide for local objectives to be considered when assessing discretionary uses in the business, commercial and industrial zones. Kingborough’s experience is that local communities focus more on the protection of character within residential areas – noting that this needs to be also supported by complementary development standards (eg lot sizes and building height restrictions along coastal frontages). There appears to be some capacity to include local objectives for the residential and rural zones but it is very unclear as to how they can be utilised. This greatly reduces the ability to guide future development in a particular direction that suits a local area’s desired character.

General Zoning Issues

4.5 The KIPS2015 has adopted a zoning approach that attempts to best match the minimum lot size for future subdivisions with the existing land use and settlement patterns. This resulted in a tiered approach that is summarised as follows:

General Residential – 450m² Low Density Residential C – 1,000m² Low Density Residential A – 2,500m² Low Density Residential B – 5,000m² Rural Living A – 2.5ha Rural Living B – 5ha Environmental Living – 10ha (20ha for Bruny Island) Rural Resource – 40ha

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4.6 This will be replaced by a zoning regime under the SPP that has the following minimum lot regime:

General Residential – 450m² Low Density Residential – 1,500m² Rural Living A – 1ha Rural Living B – 2ha Rural – 40ha Landscape Conservation – 50ha

4.7 Kingborough’s settlement pattern is such that there are many smaller rural residential properties and the new SPP subdivision requirements provide very little flexibility to match this settlement pattern. When preparing the LPS it will be necessary to choose between a zone that enables further subdivision or one that potentially introduces inappropriate land uses into local areas. The implications of this are examined in the next few sections.

4.8 If there is allowance made for a broader range of lot sizes, then Councils will be able to reflect their existing and desired character. This would still achieve the necessary desire for consistency across all planning schemes (the other development standards remain the same). A “one size fits all” approach does not work for Tasmania and may in fact not suit any municipality. The regions and the municipalities within the regions are quite different and these differences in settlement patterns are important to local communities and the overall character of Tasmania.

Low Density Residential Zone

4.9 This Zone has a permitted minimum lot size of 1,500m² (noting that performance criteria allow a smaller lot size). Multiple dwellings (or unit developments) are still potentially permitted within this Zone, provided they do not exceed the required density of single dwellings – that is, a site area per dwelling of 1,500m² is potentially permitted. The permitted site coverage for dwellings in this zone is 30%.

4.10 The absence of a two or three tiered approach for minimum lot sizes for the Low Density Residential (LDR) Zone will present Council with some problems when determining how land should be zoned. Currently, the Low Density Residential Zone applies to:

(a) Minor satellite towns, such as Margate and Snug, plus other areas within the municipality that have an established character of low density residential development, such as Taroona and Howden, have been zoned as LDR(C). The use of this zone in these urban areas is consistent with the larger minimum lot sizes within the previous KPS2000 that aimed to achieve a lower residential density. The proposed SPP changes will result in some parts of these settlements being zoned LDR (with an increased minimum lot size) and other parts being zoned as General Residential (encouraging infill subdivision and unit development).

(b) Smaller settlements that do not have reticulated wastewater services and require sufficient area for the on-site disposal of wastewater have been zoned as LDR(A). Due to local soil constraints a minimum lot size of 2,500m² is often required in this regard (noting that a smaller lot size is possible under performance criteria). Examples include such settlements as Bonnet Hill, Coningham, Kettering, Woodbridge, Middleton, Dennes Point, Adventure Bay

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and Alonnah. The proposed SPP changes will result in these areas still being zoned as Low Density Residential but with a reduced minimum lot size.

(c) Areas within the urban environment that have existing coastal, skyline and environmental values have been zoned as LDR(B). This has been mainly applied in the Kingston area (such as at Boronia Hill and the skylines of Kingston Beach and Blackmans Bay), where there is a distinct pattern of larger lot sizes that contain significant vegetation cover. The proposed SPP changes will result in these areas still being zoned as Low Density Residential but with a major reduction in the minimum lot size (encouraging infill subdivision and loss of coastal, skyline and environmental values). The alternative option would be to zone these properties as Rural Living but this would be inappropriate for areas that are not rural in nature and are part of existing lower density urban areas.

4.11 A single minimum lot size proposed under the TPS (of 1,500m²) will result in only one option for this zone. Ideally, another category that caters for a larger minimum lot size (of say, 2,500m² with unit development prohibited) would be provided, in order to protect the existing character of some of Kingborough’s lower density urban areas. If such a second category is not available, then Council anticipates that the character of the areas currently zoned LDR(B) in particular will change significantly and there will be a strong local community reaction against the adverse impacts on local coastal, skyline and environmental values.

4.12 The other concern is that the smaller minimum lot size, for those areas without reticulated wastewater infrastructure, will create difficulties in ensuring there is sufficient land for on-site wastewater disposal, while also resulting in a loss of local environmental values. Within Kingborough there are localities that have particularly poor soil conditions where a 1,500m² sized parcel would not be sufficient to effectively dispose of the wastewater on site. These areas (such as Bonnet Hill, Coningham, Kettering and Middleton) would be better suited to a larger minimum lot size. Other constraints also frequently exist, such as the suitable available area once the dwelling, driveways/access, outbuildings, setbacks, easements and wastewater compatibility.

4.13 By way of comparison, the KPS2000 had a minimum lot size of 1500m² in the performance criteria (not as an acceptable solution). The KIPS2015 addressed sustainable wastewater management with an On-site Wastewater Code and a minimum lot size of 2500m² in the acceptable solution. By having a minimum lot size of 1500m² in the acceptable solution for the TPS, new lots could potentially be less than this size if it addresses the requirements of the performance criteria. The intended deletion of the existing On-site Wastewater Code removes a necessary safeguard in this regard (see later section).

4.14 Given that a two tiered minimum lot size approach has been deemed to be appropriate for the Rural Living Zone, it is contended that a two tiered approach should also be implemented for the Low Density Residential Zone. This would provide an alternative that enables consideration of poor wastewater conditions, skylines, and environmental values. It is proposed that this second tier option would include a minimum permitted lot size of 2,500m² (noting that a smaller lot size would be possible under performance criteria as is the case for the existing 1,500m² proposal).

Rural Living Zone

4.15 The proposed two tiered minimum lot size approach for this Zone is supported, however the lot sizes proposed of 1ha and 2ha will be difficult to apply to most of the

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existing Rural Living zoned land for Kingborough. As a result of historical development patterns, Kingborough has a significant area of “rural living” type allotments that vary between about 2ha-10ha within a reasonable commuting distance of Kingston and nearby townships (eg Leslie Vale, Allen Rivulet, Summerleas Road, Nierinna Road etc). The 2ha minimum may suit some areas, but it is anticipated that many areas will need to be rezoned to a Rural Zone.

4.16 The existing Rural Living Zone under the KIPS2015 provides for two tiers with minimum permitted lot sizes of 2.5 hectares and 5 hectares respectively – as this best reflects the existing settlement pattern. The properties are typically used as hobby farms on mainly cleared land. To translate the existing Rural Living zones under the KIPS2015 to Rural Living under the TPS will result in significant subdivision potential for many areas – often in a manner that is quite contrary to the Southern Tasmanian Regional Land Use Strategy (STRLUS) – which limits the capacity to subdivide land outside of the designated urban areas. Increased subdivision in such rural areas may also exceed the capacity of local road infrastructure.

4.17 It is also anticipated that such small minimum lot sizes will make it difficult for the properties to be used for their intended purpose once site constraints are taken into account. For example, a minimum lot size of 1ha is insufficient in most areas to accommodate a dwelling (and outbuildings), an associated bushfire hazard management area and use as a hobby farm, whilst still being able to avoid local constraints such as steep terrain, waterway protection areas or areas of significant native vegetation.

4.18 In order to accommodate these issues, it will be necessary in many instances to back-zone properties so that they are within the Rural Zone. This is necessary in order to maintain the status quo (staying consistent with the STRLUS) despite there being some other detrimental implications (see under Rural Zone below).

4.19 The Explanatory Document for the SPPs indicates that priority should be given to the protection of residential amenity within this Zone and that it would be appropriate to apply it to areas abutting “residential” development. However, it is questionable whether some of the allowable Use Classes for this Zone (particularly the Resource Development Use Class and Vehicle Fuel Sales and Service Use Class), are appropriate in locations abutting areas zoned for residential development.

4.20 The way that land is zoned should reflect the existing and anticipated land use within a locality and this is then able to best reduce or eliminate the opportunities for future land use conflict. Concentric zoning patterns will usually radiate out from the higher density urban areas to the rural areas, enabling incompatible rural land uses to be separated from the townships. The zoning of land in such a manner is thus used as a spatial strategy to guide future development. In Kingborough however, this desired settlement pattern (as reflected in the current KIPS2015 zoning) will be made more difficulty by the lack of flexibility in the new SPP zoning regime – with the Rural Living Zone (rather than the Low Density Residential Zone) abutting existing residential areas.

Rural Zone

4.21 The Rural Zone provisions do not encourage residential development. The Zone purpose statements and provisions for the Rural Zone support agricultural or resource development. It effectively replaces the current Rural Resource Zone in the KIPS2015. Accordingly, the development standards anticipate rural activities that are not designed to protect residential amenity.

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4.22 However as indicated above many rural residential areas within Kingborough will need to be zoned as Rural because of the relatively small minimum lot sizes in the Rural Living Zone. A similar issue existed under the previous KPS2000 where extensive rural areas were zoned Primary Industries with a minimum lot size of 40 hectares. This zone did not reflect the actual land use pattern in many instances and at times was in conflict with the existing land use. The KIPS2015 had essentially resolved this inconsistency but it does now appear that it will be reintroduced by the TPS proposals.

4.23 It is likely that this Rural Zone will be applied to rural areas in Kingborough that contain existing properties across a very wide range of lot sizes – from about 2ha up to well over 40ha – and to properties that are not being used for a productive purpose and are essentially residential in nature. This gap in minimum lot sizes is too wide and can be avoided if there is a Rural Living Zone that has a larger minimum lot size.

4.24 In regard to the development standards, this Zone enables a maximum building height of 12 metres, with setbacks from all boundaries at 5 metres as an acceptable solution. Given that this Zone is likely to be applied to lots down to about 4ha in size, there will be many instances where future development will be inconsistent with existing development patterns that are mainly rural residential in nature – in that a 12 metre high dwelling could be built within 5 metres of an adjoining residential property. Whilst the height standard may be applicable to agricultural or resource development, this would not be the case for residential development. This issue will generate conflict with close neighbours, bearing in mind the many scattered smaller lots in rural areas and that this Zone will adjoin areas zoned Low Density Residential. As well as this many coastal properties further down the Channel will be zoned Rural up to the coastline. This will result in future dwellings up to 12 metres in height affecting the visual landscape of the coast.

4.25 The Rural Zone also allows for the value adding or diversification of an existing resource development, extractive industry or resource processing use on existing land or onto adjoining land with a relatively easy approval pathway. This in itself is not a major issue but it becomes a problem if Council is forced to apply the zone to areas that are predominantly residential (eg hobby farms) in nature – creating future amenity and conflict problems and also fettering appropriate primary industry uses.

4.26 Areas such as Woodbridge and Middleton that are currently zoned Rural Living under the KIPS2015 surrounding the residential area of the townships will need to be zoned Rural in order to limit subdivision potential under the minimum lot size proposed for the Rural Living zone. In applying the Rural Zone up to the township boundary, there is the potential for Resource Processing (such as a cheese factory, abattoir or animal saleyard) within 500m of the residential area as a Permitted Use. Further to this a fish filleting processing business could be within 250m of the township. The Rural Living Zone would form a more effective buffer around existing residential areas.

4.27 A subdivision provision exists for the Rural Zone and the Agricultural Zone that allows for the excision of an existing dwelling where it can be demonstrated that the balance lot provides for the sustainable operation of a Resource Development Use. This appears to be contrary to Zone purpose statements that do not encourage or recognise residential development. Similar standards were contained within a number of quite old planning schemes but were removed across Tasmania (about 10 years ago) as they created conflict between residential and agricultural activities.

4.28 It does appear that the new Rural Zone will need to be applied to a much larger extent throughout Kingborough than has previously been the case with the existing

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Rural Resource Zone. It is Council’s understanding that in order to be consistent with the STRLUS, the Rural Zone will also need to be utilised for many areas that are currently zoned Rural Living – to the extent that it will adjoin a number of rural settlements (eg Woodbridge, Middleton).

4.29 In summary, the relatively large extent of land that will need to be within the Rural Zone is of considerable concern. It will generate local community conflict and will misrepresent the actual land use and peri-urban nature of the Kingborough municipality. It is likely to cause ongoing problems in administering the new planning scheme.

Landscape Conservation Zone

4.30 The existing Environmental Living Zone has been deleted and has to some extent been replaced by the Landscape Conservation Zone. The zone purpose statements for the Landscape Conservation Zone aim to protect significant natural and landscape values – whether these occur on larger or smaller parcels of land.

4.31 The permitted minimum lot size has increased significantly compared to that currently allowable under the Environmental Living Zone (from 10ha to 50ha) and there may be some issues in applying the Landscape Conservation zone to smaller parcels of land that have self-evident environmental values.

4.32 Replacing the Environmental Living Zone with the Landscape Conservation Zone does seem to imply that smaller parcels of land with important environmental values should be ignored and the values allowed to be eroded. There are many smaller residential bush blocks in Kingborough that have been zoned Environmental Living. The objectives and development controls for the Rural Living and Rural zones do not suit such properties and the Natural Values Code cannot be relied upon to protect these values in the Rural Living Zone (as it allows up to 3,000m² of vegetation clearance regardless of its value). Again, there appears to be a “gap” in the proposed new zoning regime.

4.33 Extensive areas have been zoned as Environmental Living and they will need to be rezoned as either Landscape Conservation, Rural Living or Rural. This will result in significant zoning changes across the municipality and some community unrest, in that the Environmental Living Zone was previously quite well received and understood. It provided a good description of what the land was actually being used for, whereas the replacement options do not. These “bush blocks” are predominantly residential, however the Landscape Conservation Zone discourages residential uses and the Rural Living and Rural zones discourage environmental protection.

Stormwater Code

4.34 The removal of the Stormwater Code from the SPPs means that the scheme will be unable to deal with stormwater issues as part of the development application and appropriate conditions would not be able to be included on permits. The TPS explanatory document indicates that such issues will be addressed under separate legislation and as part of the building approval process.

4.35 The only stormwater provisions within the TPS require each new lot to be connected to a stormwater system that is “able to service the building area by gravity”. Therefore, while stormwater can be considered at the subdivision stage, it cannot be considered for other developments such as residential units, retail, commercial or industrial buildings or parking areas – each of which generate considerable downstream stormwater issues. The absence of a Stormwater Code will result in

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developments being assessed and potentially approved with no consideration able to be given to the stormwater requirements for that particular development.

4.36 Such development proposals (eg larger buildings and sealed ground surfaces) will have off-site stormwater implications and need to be considered within the context of surrounding development, both upstream and downstream. There should also be provision made to require water sensitive urban design measures where appropriate; such as for larger developments that have the potential for downstream environmental impacts (in compliance with the State Policy on Water Quality). These potentially major stormwater issues must be proactively dealt with during the initial assessment process.

4.37 A separate Stormwater Code is necessary in order that such matters are able to be considered and that measures are in place that prevent future costs being incurred by Council and ratepayers (that should have been properly attributed to the development in question).

On-site Wastewater Code

4.38 Similarly, the removal of the On-site Wastewater Code means that the scheme will be also unable to deal with such issues as part of the development application. An early assessment needs to be made of the capacity of land to meet essential wastewater requirements for a particular on-site wastewater generating activity. Within unserviced areas, the wastewater must be able to be effectively treated and disposed of within the affected property.

4.39 The treatment and disposal of wastewater has been the most significant environmental health issue in recent years when assessing development proposals for new dwellings and land subdivisions in unsewered areas. The need to follow up complaints and/or deficient systems already involves considerable staff time in Environmental Health. Particular problems occur where an area has reticulated water resulting in increased water usage and there not being sufficient land to disperse the wastewater.

4.40 Kingborough has some particularly challenging unsewered areas with significant site limitations for wastewater. Under the KPS2000 there were six specifically listed areas due to concerns and constraints with on-site wastewater. A recent example has been at Taronga Road, Bonnet Hill where complex wastewater and stormwater issues have required numerous on-site inspections, sampling, dye testing, independent consultant review and advice, coordination of a community forum, GM and Ombudsman involvement and formal enforcement action. This remains an ongoing challenge and the prevention of these issues from occurring through appropriate development control in the future is critical.

4.41 Most of the relevant zones do include a wastewater development standard for subdivision, identifying that each new lot “must be capable of accommodating an on- site wastewater treatment system”. However there are no on-site wastewater provisions in the development standards under any of the zones in the TPS. This could lead to situations where a dwelling (or addition) or commercial development is approved, only to later discover (at the Special Plumbing Permit stage) that it cannot proceed due to on-site wastewater constraints. Early consideration is needed in order to protect public health and prevent off-site pollution and nuisances to neighbours.

4.42 If an On-site Wastewater Code is not to be included, then the relevant zones should have wastewater provisions that enable an assessment of any potential on-site wastewater generating activity and ensure sustainable ongoing land management. In summary it is necessary to include wastewater standards within the planning

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scheme. They provide a pathway to achieve compliance that will provide an efficient approval process for landowners and developers.

Attenuation Code

4.43 It is important that both industries and neighbours understand the constraints that attenuation areas impose. Property owners within an attenuation distance for a known activity (eg a person with a house that is within a buffer zone for an activity), should be aware of this as it potentially impacts on their property. The statutory mapping also provides an accepted and expected buffer for the activity or industry based on the potential environmental impacts.

4.44 There are a number of issues that relate to the mapping of attenuation distance for particular activities. Whilst mapping is the preferred option for identification of activities, a number of queries still remain in relation to how these should and would be amended as part of the planning scheme amendment process. There needs to be a process in place for increasing or decreasing an attenuation distance which is part of a statutory map (eg if an activity intensifies and the distance needs to be increased). A planning scheme amendment would need to accompany the development application.

4.45 The alternative to the proposed mapping is that Council may be able to rely solely on the activities listed in the relevant Tables and have informative mapping only. At this stage, the definition of attenuation area provides the option for an activity to either be shown in an overlay map to be in the relevant Local Provisions Scheme or that the activity is within the relevant Table. It does however state that the overlay map will prevail to the point of any inconsistency. It is therefore critical that mapping is both current and accurate and that Council is clear in how this will be applied when assessing applications.

4.46 Most industrial type activities are exempt from this Code where they occur within the Light Industrial, General Industrial, Port and Marine or Utilities zones. Therefore this Code would not apply to any new industrial activities or intensifications within these zones. This will mean that external impact of these activities will not be able to be considered where they affect nearby residential areas – such as would probably be the case at locations like Bundalla Road, Margate, Huntingfield, Browns Road, Electrona etc. The permitted use standards would allow an industrial activity to operate 7am-9pm Monday-Saturday and 8am-9pm on Sundays and Public Holidays. Any potential noise impacts on future residences and would not be able to be appropriately considered at the planning stage. It is assumed that the intention is that these impacts would be subsequently dealt with under environmental nuisance provisions of the Environmental Management and Pollution Control Act 1993 (see 4.85 below).

4.47 The current definition of development area is referenced within the definition of attenuation distance of the Attenuation Code. The development area is defined as the area of land occupied by development including its yard, outbuildings, car parking, driveways, storage areas, landscaping and wastewater disposal areas, including the area of any relevant mining lease. According to these definitions, the attenuation distance is to be measured from the relevant use or activity measured as the shortest distance from the boundary of the development area on which the use is located.

4.48 It is not clear how this would be measured for an activity that includes, on the same land, other structures and development that is not relevant to that activity. It is proposed that the definition be amended to refer to a development area as the area of land occupied by development relevant to that use or activity including its yard,

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outbuildings, car parking, driveways, storage areas, landscaping and wastewater disposal areas, including the area of any relevant mining lease. It may be the case that for certain activities on larger properties, the attenuation distance can actually be achieved within the confines of the property boundaries.

Bushfire Prone Areas Code

4.49 The Bushfire Prone Areas Code focuses on the subdivision of land and does not address issues relating to the development of existing properties. It assumes that the Building Regulations address the relevant bushfire hazard issues. This appears to be short-sighted and the Code needs to provide the necessary guidance in assessing bushfire-prone habitable development.

4.50 The Code also needs to complement other development controls in the scheme – such as the assessment of a proposal against environmental standards within the Natural Assets Code. For example, unless a Bushfire Hazard Assessment (BHA) is provided at the planning assessment stage, there is no way to quantify the area of clearance and conversion of priority vegetation required to carry out a proposed development. If approvals are given without this information, then the risk is that further planning approval may be required for the development once the BHA is carried out and identifies the extent of clearing required. This risk is borne by the developer as it is their responsibility to ensure that they have valid planning approval for all aspects of the development.

4.51 The BHA may also identify that other development is necessary for which further planning approval is required. For example, the BHA may identify that the provision of vehicular access on land other than the subject property is required. The BHA could also require that clearing on another property is necessary. The developer would not have planning approval for either the access or for clearing on adjoining land if these issues are not identified at the planning assessment stage.

4.52 Bushfire hazard management is best dealt with by planning schemes. The changes to building controls for bushfire prone buildings that make construction requirements for such buildings mandatory are relatively recent. Ensuring compliance with these construction requirements is clearly a matter best dealt with at the Building Permit stage of the development process. However determining what these requirements should be (i.e. determining a Bushfire Attack Level [BAL] in accordance with the relevant Australian Standard Construction of Buildings in Bushfire Prone Areas AS3959:2009) is a matter best dealt with via a planning assessment. To suggest otherwise is to ignore the financial and environmental impact of bushfire hazard management.

4.53 If the BHA for a habitable building is only required at the Building Permit assessment stage then a developer is likely to be faced with a choice between two undesirable outcomes – either seek further planning approval to relocate the development to reduce the BAL or to wear the additional costs associated with complying with construction requirements that increase exponentially and commensurately with the BAL. The BHA should inform the initial siting of habitable development on a bushfire prone site as this is often the determining factor in establishing its BAL. This information should be available to the developer from the outset to allow informed decisions to be made regarding the siting of the development and to reduce costs associated with bushfire hazard management. It is inappropriate to assume that any issues associated with bushfire hazard management can be resolved by simply increasing the BAL for a development and the subsequent building costs.

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Natural Assets Code

4.54 The Natural Assets Code provides far less opportunity to protect environmental values than the current Biodiversity Code in the KIPS2015. The Natural Assets Code does not apply to any of the residential zones (except for subdivision) and also allows for up to 3,000m² of vegetation clearance in the Rural Living zone without the need for a permit. There are also other exemptions which are of concern, with Commercial and Industrial Zones also exempt.

4.55 Kingborough has utilised the Low Density Residential Zone as a means of protecting environmental values within existing settlements (plus skylines, coastal areas etc). Under the new provisions there will be limited capacity to protect these values and an increased level of development is also likely (due to the smaller minimum lot size and ability for multi-unit housing). It is also not evident how this Code is consistent with its own Purpose Statement or Schedule 1 Objectives of LUPAA, given its ability to adversely impact on existing significant vegetation and habitat values.

4.56 The Code only provides limited protection to high priority vegetation and does not enable consideration of other biodiversity or natural asset issues including geo- conservation or threats to threatened species not involving vegetation clearing (such as collision risk and disturbance during breeding seasons). It also does not acknowledge that tracts of high priority vegetation are likely to be surrounded by low priority vegetation that remains unprotected. This leads to an erosion of the high priority vegetation through development encroachment and results in isolated pockets of high priority vegetation becoming even more vulnerable.

4.57 The inclusion of only high priority values combined with a reliance on mapping means that any determination of value, and therefore what will be considered under the Code, is reliant on desk-top data not what actually exists on the ground. This may result in many high priority values being lost without consideration, particularly when relying on TASVEG v3.0 which is notably unreliable. For example, TASVEG v3.0 identifies 4,530ha of threatened vegetation within Kingborough, whereas additional ground-truthing has established that there is well over 7,300ha.

4.58 The preferable approach would be to base an identification of values on field verification and provide a level of assessment for all threatened species values and all native vegetation over a certain threshold, not just solely relying on mapped high priority vegetation. This is the approach adopted by other legislation (including the Forest Practices Act and the Water Management Act) and the planning schemes should be more consistent in this regard.

4.59 The Natural Assets Code does contain offset provisions, but these are quite limited and do not follow the mitigation hierarchy, are not consistent with the use of offsets by other regulators and do not reflect current accepted best practice. All development should have to demonstrate it avoids and minimise impacts to the extent practicable and offsets should only be a last resort, not as a justification in their own right for a development proceeding. The application of offsets should be consistent with the guidelines prepared by the Department of Primary Industries, Parks, Water and Environment. Achieving a net conservation benefit should be a requirement of any impact on a priority vegetation area.

4.60 The Code does not integrate well with the Forest Practices System. While it is appropriate that clearance and conversion of native vegetation, including threatened vegetation, should not be regulated by planning schemes where it is dealt with in other statutes (including the Forest Practices Act 1985, the Water Management Act 1999 or EMPCA), the way in which the exemptions and provisions are worded within the draft SPPs is problematic and creates jurisdictional uncertainty by allowing

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clearing associated with developments regulated under LUPAA to be assessed under the Forest Practices system (particularly when the Forest Practices Regulations requires local government to manage the impact on biodiversity by certain forms of development).

4.61 Ensuring a planning scheme does not duplicate the Forest Practices System (or other statutes) is supported. However the proposed exemptions within this Code go well beyond this. The jurisdictional ambiguities need to be resolved by confirming that a proposed development will be subject to the Code where clearing is for non- forestry purposes (consistent with the intent of the Forest Practices Regulations).

Local Historic Heritage Code

4.62 The Local Historic Heritage Code does not apply to development or heritage works, as defined under the Historic Cultural Heritage Act 1995, on a registered place entered on the Tasmanian Heritage Register. This removes the ability for Council to assess any such development that could have impacts on the heritage precinct relating to issues such as scale and bulk or existing local heritage character for example. Such an assessment may not be considered by the Heritage Council but may have implications on a local scale. Current practice is for a local and Heritage Council assessment to be undertaken that is provided for under the requirements of LUPAA that allows for these issues to be addressed in conjunction. It would also appear that there are a number of technical wording issues contained within the Local Historic Heritage Code that could be addressed by a redrafting of the Code for further clarity.

Scenic Protection Code

4.63 The Scenic Protection Code replaces, and is quite different to, the existing Scenic Landscapes Code that is included in the KIPS. It will apply to a “scenic protection area” that is mapped as an overlay – protecting those areas that have high landscape or scenic values. The existing overlay in the KIPS2015 includes all land above the 100m contour. This has only ever been a temporary arrangement and Council will need to complete the necessary landscape studies that determine those specific areas that are worth protecting.

4.64 This Code only applies to the rural zones and excludes for example the General Residential and Low Density Residential zones. This means that landscape and scenic values will not be protected within these zones as it currently is under the Scenic Landscapes Code. It will not be feasible to zone existing urban areas that are on or close to the skyline as Landscape Conservation.

4.65 It is likely that, under the circumstances, the only option will be to zone such areas as Low Density Residential, though as previously indicated, the new provisions for this Zone will not be as effective in protecting the existing skyline or landscape values as is currently the case. This will be the situation for those areas that form a backdrop to Blackmans Bay and Kingston Beach (including the surrounds of Boronia Hill).

Coastal Erosion Hazard Code

4.66 This Code contains a number of definitions and terminology that are inadequate with the potential to create confusion, uncertainty and increased risk of poor outcomes on the ground. Examples of these include: “tolerable risk”, “coastal protection works”, “intensification of an existing use” and “minor utilities”. The lack of a definition of a suitably qualified person required to complete a coastal erosion hazard report will also lead to additional uncertainty, expense and time delays in development application assessments.

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4.67 A coastal erosion hazard area is defined as relating to land shown on an overlay map in the relevant Local Provisions Schedule. It is unclear how mapping (such as that undertaken for Kingborough to a fine scale by Chris Sharples) could be incorporated into the scheme to provide a more scientifically valid identification of risk. It is also unclear as to how the definitions of the low, medium and high hazard bands can accommodate future changes in risk and potential erosion acceleration tipping points due to sea level rise and changes in storm surge frequency and extent.

4.68 The Code does not acknowledge the potential significant risk of coastal erosion and future coastal protection works to existing and future coastal ecosystems and habitats. It is essential that any risk based reports and development proposals take this into account. An example could be the need to provide a corridor for future inland retreat of a species or ecosystem as a result of coastal erosion or inundation.

Coastal Inundation Hazard Code

4.69 This Code contains the same definitions as the Coastal Erosion Hazard Code and these have the same shortcomings. A critical omission is the actual definition of “coast”. In the recently released consultation draft of the Coastal Hazards Technical Report (DPAC) the “coastal zone” is defined as per the 1996 State Coastal Policy (ie. all land within one kilometre of the mean high tide line). This definition is important when considering the future risks in places such as Kingston Beach, Snug and Adventure Bay.

4.70 The Code as drafted does not reflect the actual potential future risk to communities, properties and infrastructure due to current and future inundation. This is due to the fact that:

x The future sea level rise allowance is out of date and not in accordance with IPCC recommendations.

x It does not take into account the potential coincident flood risk (riverine and coastal) that may occur at localities such as Kingston Beach, Snug and Adventure Bay.

x It does not take into account the influence that groundwater may have on current and future inundation risk.

x It does not make reference to environmental and ecosystem values and potential impacts due to coastal inundation.

4.71 The Code does not give clear guidance of how mapped potential inundation risk would be incorporated into the assessment of potential land use via the scheme and/or Code. For example, at Kingston Beach where Council now has detailed and scientifically sound inundation risk mapping for current and future scenarios, it is impossible to ascertain how this information could be reflected in the scheme or Code. This is especially the case for coincident and groundwater influenced inundation. Unfortunately the Code appears to facilitate an approach that attempts to deny the real extent of the risk or minimise the extent that a developer needs to respond to this risk. This will create future safety, economic and legal liability issues.

Riverine Inundation Hazard Code

4.72 This Code contains the same definitions as the Coastal Erosion Hazard Code and these have the same shortcomings. There is no definition of riverine or reference to

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estuarine and the potential interaction between them both. The Oxford dictionary definition of riverine indicates: “relating to or situated on a river or riverbank”. This being the case it is impossible to ascertain whether the riverine or coastal code is applicable to the Kingston Beach area below Channel Highway.

4.73 The Code as drafted does not reflect the actual potential future risk to communities, properties and infrastructure due to current and future inundation. This is due to the fact that:

x It does not take into account the potential coincident flood risk (riverine and coastal) that may occur at localities such as Kingston Beach, Snug and Adventure Bay.

x It does not take into account the influence that groundwater may have on current and future inundation risk.

x It does not make reference to environmental and ecosystem values and potential impacts due to riverine inundation.

x It does not acknowledge that the inundation of critical services may impact on the risk to the community.

4.74 The Code does not give clear guidance of how mapped potential inundation risk would be incorporated in the assessment of potential land use. The same concerns apply to this Code as those stated for the Coastal Inundation Code (4.69 above).

Performance criteria standards

4.75 The performance criteria standards will be difficult to apply in many situations. The common use of the term “having regard to” creates a great deal of uncertainty as it may be interpreted as simply requiring consideration as a matter of process, not substance and not conferring any duty of care or legal obligation to further the performance criteria in a meaningful manner. The wording “must take into account” would be preferable in that it at least indicates that the issue is “accountable” and that the development proposal must have demonstrated that the issue has been seriously considered.

4.76 This is one example, but it does appear that the drafting of these standards reflects little experience in the application of performance based planning schemes. Words such as “tolerable risk”, “reasonable”, “appropriate”, “adequate” and so forth, can all be interpreted quite differently and will generate future disputes. Kingborough has been applying such a scheme for the last 12 years and this experience indicates that many of the proposed standards will be insufficient on which to base an objective assessment. The problems in this regard will become apparent over time and are likely to be highlighted by legal disputes over the interpretation of planning scheme clauses.

4.77 Throughout the “residential” zones, there are a number of allowable discretionary uses that may not necessarily be appropriate within established residential areas (eg shops, medical centres, sports grounds). The SPPs do not provide sufficient standards to test the merit or otherwise of these uses, and there is insufficient consideration given to residential amenity impacts. This is different to the “business” zones where such tests do exist that protect the activity centre hierarchy. It is considered that residential amenity should be similarly protected as this is often a higher community priority.

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4.78 The range of allowable Uses within each Zone are very broad and not always entirely appropriate. For example, there are opportunities for industrial uses to locate within business areas as discretionary uses. It is not always appropriate to allow for these uses outside of designated industrial areas.

Local Provision Schedule

4.79 Once the State Planning Provisions have been determined, Council will be required to prepare the Local Planning Provisions (the Act requires that this task be completed within 42 days). These provisions will include:

x Zoning maps

x Overlays (usually relating to the related Codes)

x Specific Area Plans

x Particular Purpose Zones

x Local Objectives

x Site Specific Qualifications

x Local lists within a few Codes (eg local heritage significance)

4.80 Once the SPPs are known, it will then be possible to review the existing spatial strategy as defined by the new zoning regime. Such issues as minimum lot sizes and Code requirements will impact on how particular areas are to be zoned. The deletion of the Environmental Living Zone and the inclusion of the new Landscape Conservation Zone will also mean that there will be major zoning changes in Kingborough.

4.81 This is likely to generate considerable community interest as many areas will need to be rezoned in both rural and urban areas. This may be confusing as many people are not aware of the impact of these likely changes and probably assume that the existing zones in the KIPS2015 will remain in place. This impact will be reduced if the earlier suggestions in this report are followed through and the zoning regime is able to better reflect existing land use and settlement patterns (and thus also reflect the true nature and anticipated development rights expected by the community).

4.82 There are no guidelines available yet on what is allowable as a Specific Area Plan (SAP). Some local communities see this mechanism as being the means by which local character can be protected in order to avoid the higher residential densities generated by the proposed new zoning regime. It is suspected that such a use of SAPs will not be allowed but it is not at all clear as to what circumstances will be suitable for SAPs and they may not in fact be able to provide the flexibility anticipated by councils.

4.83 All proposed site specific qualifications are to be included in the Local Provisions Schedule. It is not at this stage clear if a standard mechanism will be used to identify the application of these qualifications to properties on the planning scheme maps (such as an overlay). It is also unclear how an existing site specific qualification can be transferred from the KIPS2015 to the TPS where that use is now not allowable in the new Zone. There is the potential over time for the list of Site Specific Qualifications to become very long and this would make the scheme more unwieldy if that list (or overlay) has to be always referred to.

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Other Comments

4.84 Legal advice has been sought as to how other legislation integrates with the TPS. Ideally the planning approval process should be designed so that as many relevant issues as possible relating to a development are considered as part of the assessment of a development application. This would enable a thorough up-front assessment of the development proposal and would help in avoiding the possibility of other legislation requiring subsequent changes to that proposal. Where such changes are required then there is the very real chance that an approved planning permit becomes invalid and/or there is the need for a fresh or amended planning application.

4.85 This situation has been described above in the context of there no longer being a Stormwater Code or an On-site Wastewater Code. There is also the potential that other legislative requirements will be overlooked entirely and a planning permit acted upon under the impression that the planning process is complete. Should this type of situation occur, there will be ongoing compliance and enforcement problems for other agencies and the overall development approval process only becomes more cumbersome and costly. A specific example in this regard will be the need to address noise and other environmental nuisances after the activity has commenced (see 4.86 below and 4.46 previously). Planning permits may need to include a list of advisory notes that indicate to the developers all of the other permits that need to be still obtained.

4.86 Throughout the TPS, there are no provisions relevant to the noise generated by a use – noting that Council receives many objections to proposed developments on the basis that nearby residents are concerned about the potential for excessive noise and often restricts the hours of operation as a result. Such noise control measures are included within the existing KIPS2015. Whilst it is understood there is a process for dealing with noise under the Environmental Management and Pollution Control Act 1993 (EMPCA), this is retrospective and is a compliance issue that could have been resolved as part of a more considered design of the proposed development. An approved use or development may not be able to proceed or needs to be substantially amended because it creates an excessive environmental nuisance. This should be addressed as part of the initial assessment and the necessary noise standards need to be part of the SPPs.

4.87 A particular aspect of noise control relates to a new requirement that air conditioning, air extraction, pumping, heating or refrigeration systems or compressors, for a building that is not a dwelling, must be located not less than 10m from a boundary with a sensitive use. If within 10m, applicants need to submit an independent assessment of the plant assessing the performance criteria prior to further consideration. This would appear to only be necessary where Business, Commercial or Industrial zones border residential areas. Council has not had any problems in the past with mechanical plants from non-dwellings within residential zones.

4.88 It is proposed that the “Tasmanian Agricultural Estate” will be independently mapped and that this will provide the basis for applying the Agriculture Zone. It is not yet clear how this will apply to Kingborough so it is difficult to ascertain what the impact will be.

4.89 Coastal height limitations are not proposed under the TPS. The explanatory document indicates that the Local Development Code contained in the KIPS2015 could potentially be utilised by way of a SAP. In reality, this may not be possible as a SAP would not normally be used in such a manner, there have been no guidelines issued in this regard and mapping all coastal areas on an overlay will be very

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difficult, in that all the detailed property boundaries will need to be clearly shown. The existing coastal height restrictions in the KIPS2015 have been a popular provision within Kingborough and it will be disappointing if it cannot be retained in some form (noting that removing this constraint will result in out-of-character development occurring along the coast in future).

4.90 Exemptions in relation to outbuildings for both residential and agricultural uses are considered to be too generous. For example, outbuildings associated with a residential use can be up to 108m² in area and can be less than the setback provisions where a dwelling already exists. Exemptions for agricultural buildings are also very generous given the building size of 200m² allowable. This creates an opportunity for conflict between existing residential uses and rural/agricultural pursuits. Further to this, the wording of the exemption as “individual buildings are not more than 200m2 in gross floor area” implies that as long as a building is under this floor area requirement, one or more may be exempted from the Scheme as it is not limited to one building. A multitude of outbuildings may result. These exemptions also do not allow any consideration to be given to the impact on vegetation removal or on adjoining waterways.

4.91 There is no flexibility in the height provisions and this has the potential to affect and conflict with local character. For example, for the Central Business Zone (which applies to central Kingston), the height maximum under the acceptable solution is 20 metres. This would be excessive in some locations. Another example is at Kettering where the Port and Marine Zone also has 20 metres as an acceptable solution. The previous height maximum was only 6 metres and existing development reflects this. It may be necessary to allow more flexibility for the height provisions in order to protect local character, while still retaining the other standards that provide for the desired consistency.

4.92 The SPPs are in themselves applying land use policy positions in an indirect manner. As has been described in this report, the resultant outcomes may be inconsistent with the STRLUS and other intended urban and rural settlement policies. The use and development standards for both the Zones and the Codes are a statutory expression of particular policy positions which have not been previously enunciated or made available for public scrutiny. Ideally, the policy work should be done first and that this would be then followed up by its implementation through the proposed use and development control provisions. The lack of any guiding policy can only lead to ad hoc outcomes.

4.93 This has not been the case. It does now appear the process is back to front and that after the State Planning Provisions have been adopted, then the associated policy work will be done and such strategies as the STRLUS will be reviewed. This absence of policy work and strategy development will create difficulties for councils in the subsequent preparation of Local Planning Provisions. It may also result in the need to make major changes to the SPPs. It would be better to get them right the first time round rather than making many changes later that will confuse both developers and local communities.

4.94 Council’s submission will include all of the above matters. It is also anticipated that the submissions from other councils will be addressing similar issues.

5. FINANCE

5.1 There are no direct financial issues for Council to consider in regard to this report, other than the fact that the review and ongoing development of the planning scheme involves considerable internal staff time. This work is being accommodated within Council’s existing budget. The reallocation of staff does have a significant impact on

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the availability to carry out other duties, such as the assessment of development applications.

5.2 It should also be borne in mind that any review of the planning system will have a major impact on how land can be developed in future and this has economic implications on Council’s future rating and revenue streams.

6. COMMUNICATION AND CONSULTATION

6.1 There has been considerable interest within the Kingborough community in regard to the changes being made to the Kingborough planning scheme. This may be partly due to the extensive public consultation that Council conducted in recent years and the raised awareness that resulted within the broader community. Accordingly, it is to be expected that there will be many public submissions made to the State government in regard to the advertised draft State Planning Provisions and the proposed Tasmanian Planning Scheme.

6.2 The public has the opportunity to make representations in regard to the draft SPPs. During the current public exhibition period, the only request made of Council was from the Blackmans Bay community. A public meeting was held on 28 April 2016 to discuss their concerns – which mainly focused on the adverse impacts of infill development within Blackmans Bay and the subsequent loss of coastal and aesthetic values within this area.

6.3 These draft SPPs are being reviewed by all other councils. There has been some communication between councils, particularly at a regional level. The concerns raised in this report are also held by other councils – there is a great deal of common ground in this regard.

6.4 There has been little communication between the Planning Taskforce and Departmental staff with councils in the initial preparation of the SPPs. This has been a disappointing aspect as a more collaborative approach may have been able to reduce future problems and would have benefited from the hands-on experience that is available within local government (eg Kingborough’s particular experience in applying performance based provisions in the planning scheme).

7. RISK

7.1 There is a risk that the issues and concerns raised by Council will not be addressed in any future changes made to the State Planning Provisions. The consequences of this occurring are described within this report. It should be noted that similar concerns were raised in regard to an earlier review of the draft SPPs and minimal changes were subsequently made. It is therefore expected that the same may well be the case following the current review.

8. CONCLUSION

8.1 The proposed State Planning Provisions do have a number of shortcomings as outlined within this report. The main issues and concerns have been identified in this report and it is intended that they will form the substance of the Council’s submission to the Minister for Planning and Local Government.

8.2 A short list of the main concerns would include the following:

x Zoning gaps exist in that there is no capacity to accommodate lower residential densities within urban areas. There is a need for other categories of the Low Density Residential and General Residential Zones that allow for larger minimum lot sizes and the capacity to prohibit unit developments.

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x Within rural areas there is a similar need for a zone category that allows for larger rural residential lots. Properties that are currently zoned Environmental Living are not easily accommodated within the proposed zoning framework.

x The proposed zoning framework will result in the need for extensive areas in Kingborough to be included within the Rural Zone and this will be incompatible with the inevitable proximity to residential areas.

x The deletion of the Stormwater Code will mean that stormwater impacts from larger development proposals (residential units, retail, commercial, industrial, parking etc) will not be able to be assessed and permits appropriately conditioned.

x The deletion of the On-site Wastewater Code will mean that site limitations in unsewered areas will not be able to be assessed and the development proposal designed to best accommodate future on-site wastewater disposal requirements.

x The Attenuation Code should apply to the Light Industrial, General Industrial, Port and Marine or Utilities zones.

x The Bushfire Prone Areas Code should ensure that bushfire hazard assessments are part of the planning approval process.

x The Natural Assets Code should apply to all zones and should be consistent with the Forest Practices Regulations.

x The overlay for the Scenic Protection Code should not be restricted to any particular zones and should be applied to any area that is worthy of scenic protection.

x Review the deletion of the Environmental Living Zone and, if it is not to be used, then issue zoning guidelines in regard to how affected properties that will need to be rezoned.

x There are no provisions that enable an assessment of potential noise impacts and a reliance on subsequent investigations of environmental nuisance complaints will prove to be inadequate, costly and exacerbate local conflict.

x Constraints on the height of coastal development should be retained and should be extended to include residential areas.

x The performance criteria standards need to be reviewed in order to minimise potential uncertainties and misinterpretation.

x The proposed State Planning Provisions are not underpinned by any clearly expressed policy positions. Policy and strategy should have preceded the development of the regulatory implementation framework.

8.3 Other councils will be making similar submissions. It is expected that they will vary in the level of detail being provided, though it is known that there will be a great deal of common ground and the issues raised by Kingborough will be also raised by other councils.

8.4 It is acknowledged that the development of a standardised system of land use and development control is a particularly complex undertaking. The proposed Tasmanian Planning Scheme should result in many benefits, however it is

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necessary to ensure that the detailed provisions are well drafted and do contain sufficient flexibility to protect or enhance a local area’s desired future character. It is necessary to obtain the appropriate balance between certainty and flexibility when designing a new planning scheme.

8.5 It is now proposed that Council’s submission be based upon the issues described within this report, with additional detail included as necessary. The 60 day exhibition period expires on the 18 May 2016. A copy of the final submission will be circulated to Councillors.

9. RECOMMENDATION

MOVED SECONDED

That the report on the development of the Tasmanian Planning Scheme and the public release of the draft State Planning Provisions be noted and that a submission be made to the Minister for Planning and Local Government that contains and expands upon the matters described within this report.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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REPORT TO: COUNCIL

SUBJECT: CODE OF CONDUCT

FILE REF: 12.143 DATE: 26 APRIL 2016

OFFICER: IAN HOLLOWAY - EXECUTIVE OFFICER

ENDORSED BY: GARY ARNOLD - GENERAL MANAGER

1. PURPOSE

Strategic Plan Reference

Key Priority Area 6 A well administer organisation Strategic Outcome 6.3 Legislative obligations are met Strategy 6.3.3 Ensure that Council’s governance arrangements meet the requirements of the Local Government Act

1.1 To adopt the Code of Conduct as required by the Local Government Act 1993.

2. BACKGROUND

2.1 Legislative changes to the Local Government Act 1993 received Royal Assent on 13 April 2016 and the Model Code of Conduct was made effective by Order dated 13 April 2016.

3. STATUTORY REQUIREMENTS

3.1 Section 28T of the Local Government Act 1993 (the Act) requires that each council must adopt the model code of conduct as its code of conduct relating to the conduct of councillors.

4. DISCUSSION

4.1 The legislative changes associated with the code of conduct were outlined to Council in a report to the 26 April 2016 meeting.

4.2 In essence, the changes are significant in that complaints against councillors to alleged breaches of the code of conduct are now considered by either the independent Code of Conduct Panel or the Director of Local Government (if the complaint is against half or more of the councillors).

4.3 In addition, the initial assessment as to whether a complaint complies with Section 28V of the Act is made by the General Manager. However the General Manager does not make any determination on the validity of the complaint.

4.4 Where breaches of the code of conduct are upheld, penalties that may be imposed by the Code of Conduct Panel or the Director are now enforceable with the Panel or Director having the power to suspend a councillor for a period not exceeding three months.

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4.5 If a councillor fails to comply with a sanction requiring the councillor to apologise or attend a training course within the specified time frame then the councillor may be subject to a fine not exceeding 50 penalty units (current value is $7,700).

4.6 Council’s Code of Conduct Policy – 1.8 is no longer applicable and the resolution of Council is to include that the Policy be withdrawn (the current policy is attached in green background for comparison).

4.7 As outlined to Councillors, it is the responsibility of Councillors to make themselves aware of the code of conduct. The following items are noted as significant changes between Council’s policy and the code of conduct included within this report:

Decision making

The code now states that councillors are to have an open and unprejudiced mind when deciding on councillor matters includes acting as a Planning Authority.

Conflict of interest

The requirements of councillors is now set out including whether a councillor should remove themselves from the debate and decision making where a conflict occurs.

Gifts and benefits

The value of a token gift is now set at $50.00. This requires amendment to Council’s Councillors Gifts & Benefits Policy and a report on that matter is included in the current agenda.

Relationship with community, councillors and Council employees

The code sets forth that the debate within Council and committee meetings must be conducted in manner that is respectful with councillors required to endeavour that issues and not personalities are the focus of the debate.

Clause 1 of the code is clear that a breach of the code may occur if a councillor fails to treat all persons with courtesy, fairness, dignity and respect.

The code also sets forth that there is separation between Council’s political arm and the administrative arm in that councillors are not permitted to contact a council employee unless authorised by the General Manager.

The remaining significant change in this area is that councillors are not to contact or issue instructions to any of the Council’s contractors or tenderers, without appropriate authorisation. Authorisation to contact a contractor or tenderer is to be sought in writing from the General Manager.

5. FINANCE

5.1 The administration of the code of conduct will be met from Council’s annual operation governance budget.

6. COMMUNICATION AND CONSULTATION

6.1 Following Council’s adoption of the code of conduct the new code will be promoted to the public to enable the community to understand the new code of conduct and the expectations now placed on councillors by legislation.

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7. RISK

7.1 Council is required to adopt the code of conduct in accordance with the provisions of the Local Government Act 1993. Compliance with this requirement does not pose any risks to Council.

8. CONCLUSION

8.1 The code of conduct is required to be adopted in accordance with the Local Government Act 1993.

8.2 The code of conduct is now enforceable under legislation and failure of any councillor to adhere to a penalty imposed by either the Code of Conduct Panel or the Director of Local Government may result in a councillor being suspended by the Minister.

8.3 It is the responsibility of all councillors to be aware of the provisions of the code of conduct.

9. RECOMMENDATION

MOVED SECONDED

That :

(a) Council adopt the Code of Conduct as attached to this report with immediate effect.

(b) Council withdraws existing Code of Conduct Policy 1.8.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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CODE OF CONDUCT

PREAMBLE

APPLICATION OF CODE OF CONDUCT

1. Introduction

Purpose of code of conduct

This Code of Conduct sets out the standards of behaviour expected of the councillors of the Kingborough Council, with respect to all aspects of their role.

As leaders in the community, councillors acknowledge the importance of high standards of behaviour in maintaining good governance. Good governance supports each councillor’s primary goal of acting in the best interests of the community.

Councillors therefore agree to conduct themselves in accordance with the standards of behaviour set out in the Code of Conduct.

This Code of Conduct incorporates the Model Code of Conduct made by Order of the Minister responsible for local government.

Application of code of conduct

This Code of Conduct applies to a councillor whenever he or she:

- conducts council business, whether at or outside a meeting;

- conducts the business of his or her office (which may be that of mayor, deputy mayor or councillor); or

- acts as a representative of the Council.

A complaint of failure to comply with the provisions of the Code of Conduct may be made where the councillor fails to meet the standard of conduct specified in the Model Code of Conduct.

Standards of conduct prescribed under the Model Code of Conduct

The model code of conduct provides for the following eight standards of conduct:

1. Decision making

A councillor is to bring an open and unprejudiced mind to all matters being considered in the course of his or her duties, so that decisions are made in the best interests of the community.

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2. Conflict of interest

A councillor effectively manages conflict of interest by ensuring that personal or private interests do not influence, and are not seen to influence, the performance of his or her role and acting in the public interest.

3. Use of office

A councillor uses his or her office solely to represent and serve the community, conducting himself or herself in a way that maintains the community’s trust in the councillor and the Council as a whole.

4. Use of resources

A councillor uses Council resources and assets strictly for the purpose of performing his or her role.

5. Use of information

A councillor uses information appropriately to assist in performing his or her role in the best interests of the community.

6. Gifts and benefits

A councillor adheres to the highest standards of transparency and accountability in relation to the receiving of gifts or benefits, and carries out his or her duties without being influenced by personal gifts or benefits.

7. Relationships with community, councillors and council employees

A councillor is to be respectful in his or her conduct, communication and relationships with members of the community, fellow councillors and Council employees in a way that builds trust and confidence in the Council.

8. Representation

A councillor is to represent himself or herself and the Council appropriately and within the ambit of his or her role, and clearly distinguish between his or her views as an individual and those of the Council.

Principles of good governance

By adopting this Code of Conduct, councillors commit to the overarching principles of good governance by being:

x Accountable – Explain, and be answerable for, the consequences of decisions made on behalf of the community.

x Transparent – Ensure decision making processes can be clearly followed and understood by the community.

x Law-abiding – Ensure decisions are consistent with relevant legislation or common law, and within the powers of local government.

x Responsive – Represent and serve the needs of the entire community while balancing competing interests in a timely, appropriate and responsive manner.

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x Equitable – Provide all groups with the opportunity to participate in the decision making process and treat all groups equally.

x Participatory and inclusive – Ensure that anyone affected by or interested in a decision has the opportunity to participate in the process for making that decision.

x Effective and efficient – Implement decisions and follow processes that make the best use of the available people, resources and time, to ensure the best possible results for the community.

x Consensus oriented – Take into account the different views and interests in the community, to reach a majority position on what is in the best interests of the whole community, and how it can be achieved.

2. Legislation

The code of conduct framework is legislated under the Local Government Act 1993 (the Act). The Act is available to view via the Tasmanian Legislation Website at www.thelaw.tas.gov.au.

Code of conduct

Tasmanian councillors are required to comply with the provisions of the Council’s Code of Conduct while performing the functions and exercising the powers of his or her office with the council.

The Code of Conduct incorporates the Model Code of Conduct (made by order of the Minister responsible for local government) and may include permitted variations included as attached schedules to the Model Code of Conduct.

Making a code of conduct complaint

A person may make a code of conduct complaint against one councillor in relation to the contravention by the councillor of the relevant council’s code of conduct.

A person may make a complaint against more than one councillor if the complaint relates to the same behaviour and the same code of conduct contravention.

Code of conduct complaints are lodged with the general manager of the relevant council and must comply with legislative requirements, as outlined below.

A complaint may not be made by more than two complainants jointly.

A code of conduct complaint is to –

- be in writing;

- state the name and address of the complainant;

- state the name of each councillor against whom the complaint is made;

- state the provisions of the relevant code of conduct that the councillor has allegedly contravened;

- contain details of the behaviour of each councillor that constitutes the alleged contravention;

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- be lodged with the general manager within six months after the councillor or councillors against whom the complaint is made allegedly committed the contravention of the code of conduct; and

- be accompanied by the code of conduct complaint lodgement fee.

Once satisfied that the code of conduct complaint meets prescribed requirements, the General Manager forwards the complaint to the Code of Conduct Panel.

Code of conduct complaint lodgement fee

The code of conduct complaint lodgement fee is prescribed under Schedule 3 (Fees) of the Local Government (General) Regulations 2015. The lodgement fee is 50 fee units ($75.50 in 2015/16).

3. Further assistance

Councillor dispute resolution

Councillors commit to developing strong and positive working relationships and working effectively together at all times.

Prior to commencing a formal code of conduct complaint, the councillors who are parties to any disagreement should endeavour to resolve their differences in a courteous and respectful manner, recognising that they have been elected to act in the best interests of the community.

A council’s internal dispute resolution process should be the first step that is taken when there is a dispute between councillors.

A councillor who is party to any disagreement should request the Mayor (or Lord Mayor) or the General Manager to assist that councillor in resolving the disagreement informally.

If the informal assistance does not resolve the disagreement, the General Manager may, with the consent of the parties involved, choose to appoint an external mediator to assist in the resolution of the disagreement. If an external mediator is appointed, councillors who are party to the disagreement must strive to cooperate with the mediator and use their best endeavours to assist the mediator and participate in the mediation arranged.

Where a matter cannot be resolved through internal processes, the next step may be to lodge a formal code of conduct complaint.

Councillors should only invoke the provisions of the Code of Conduct in good faith, where it is perceived that another councillor has not complied with the provisions or intent of the Code of Conduct.

Complaints under the Local Government Act 1993

The Director of Local Government is responsible for the investigation of complaints regarding alleged breaches of the Act.

Any person can make a complaint to the Director, via the Local Government Division (contact details below), in accordance with section 339E of the Act, where it is genuinely believed that a council, councillor or general manager may have committed an offence under the Act or failed to comply with the requirements of the Act.

To make a complaint, it is recommended that you first contact the Local Government Division to discuss whether the matter is something that the Division can assist with.

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Public Interest Disclosure

Any instances of suspected corrupt conduct, maladministration and serious and substantial waste of public resources or substantial risk to public health or safety or to the environment should be reported in accordance with the Public Interest Disclosures Act 2002. Disclosures may be made to the Tasmanian Ombudsman or the Tasmanian Integrity Commission.

Key contacts

Department of Premier and Cabinet’s Local Government Division Executive Building, 15 Murray Street, HOBART TAS 7000 GPO Box 123, HOBART TAS 7001 Phone: (03) 6232 7022 Fax: (03) 6232 5685 Email: [email protected] Web: www.dpac.tas.gov.au/divisions/local_government

Local Government Association of Tasmania 326 Macquarie Street, HOBART TAS 7000 GPO Box 1521, HOBART TAS 7001 Phone: (03) 6233 5966 Email: [email protected] Web: www.lgat.tas.gov.au

The Tasmanian Integrity Commission Surrey House, Level 2, 199 Macquarie Street, HOBART TAS 7000 GPO Box 822, HOBART TAS 7001 Phone: 1300 720 289 Email: [email protected] Web: www.integrity.tas.gov.au

Ombudsman Tasmania NAB House, Level 6, 86 Collins Street, HOBART TAS 7000 GPO Box 123, HOBART TAS 7001 Phone: 1800 001 170 Email: [email protected] Web: www.ombudsman.tas.gov.au

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Councillors

Code of Conduct

Adopted by Council………………..

Minute Ref:

POLICY 1.1 The Model Code of Conduct was made by an effective by Order dated STATEMENT: 13 April 2016 and is administered by the Department of Premier and Cabinet. 1.2 The Model Code of Conduct is a statement of the standard behaviour that Councillors are required to demonstrate, and which the community can expect when they are carrying out their roles and responsibilities as an elected member. 1.3 The requirement for all Councils to adopt Model Code of Conduct was inserted into the Local Government Act 1993 effective from 13 April 2016.

OBJECTIVE: 2.1 The Code of Conduct objectives are as set out in Section 28S of the Local Government Act 1993.

SCOPE: 3.1 The Code of Conduct applies to all Councillors.

PROCEDURE: Decision Making 1. A councillor must bring an open and unprejudiced mind to all matters being decided upon in the course of his or her duties, including when making planning decisions as part of the Council’s role as a Planning Authority. 2. A councillor must make decisions free from personal bias or prejudgment. 3. In making decisions, a councillor must give genuine and impartial consideration to all relevant information known to him or her, or which he or she should have reasonably been aware. 4. A councillor must make decisions solely on merit and must no take irrelevant matters or circumstance into account when making decisions. Conflict of interest 1. When carrying out his or her duty, a councillor must not be unduly influences, nor be seen to be unduly influenced, by personal or private interest that he or she may have. 2. A councillor must act openly and honestly in public interest. 3. A councillor must uphold the principles of transparency and honesty and declare actual, potential or perceived conflicts of interest at any meeting of the Council and at any workshop or any meeting of a body to which the councillor is appointed or nominated by Council. 4. A councillor must act in good faith and exercise reasonable judgement to determine whether he or she has an actual, potential or perceived conflict of interest. 5. A councillor must avoid, and remove himself or herself from, positions of conflict of interest as far as reasonably possible.

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6. A councillor who has an actual, potential or perceived conflict of interest in a matter before the Council must – (a) declare the conflict of interest before discussion on the matter begins; and (b) act in good faith and exercise reasonable judgement to determine whether conflict of interest is so material that is requires removing himself or herself physically from any Council discussion and remaining out of the room until the matter is decided by the Council. Use of Office 1. The actions of a councillor must not bring the Council or the office of councillor into disrepute. 2. A councillor must not take advantage, or seek to take advantage, of his or her office or status to improperly influence other in order to gain an undue, improper, unauthorised or unfair benefit or detriment for himself or herself or any other person or body. 3. I his or her personal dealings with the Council (for example as a ratepayer, recipient of a Council service or planning applicant), a councillor must not expect nor request, expressly or implicitly, preferential treatment for himself or herself or any other person or body. Use of resources 1 A councillor must use Council resources appropriately in the course of his or her public duties. 2 A councillor must not use Council resources for private purposes except as provided by Council policies and procedures. 3 A councillor must not allow the misuse of Council resources by another person or body. 4 A councillor must avoid any action or situation which may lead to a reasonable perception that Council resources are being misused by the councillor or any other person or body. Use of information 1. A councillor must protect confidential Council information in his or her possession or knowledge, and only release it if he or she has authority to do so. 2. A councillor must only access Council information needed to perform his or her role and not for person reasons or non-official purposes. 3. A councillor must not use Council information for personal reasons or non-official purposes. 4. A councillor must only release Council information in accordance with established Council policies and procedures and in compliance with relevant legislation. Gifts and benefits 1. A councillor may accept an offer of a gift or benefit if it directly relates to the carrying out of the councillor’s public duties and is appropriate in the circumstances. 2. A councillor must avoid situations in which the appearance may be created that any person or body, through the provisions of gifts or benefits of any kind, is securing (or attempting to secure) influence or a favour form the councillor or the Council.

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3. A councillor must carefully consider- (a) the apparent intent of the giver of the gift or benefit; and (b) the relationship the councillor has with the giver; and (c) whether the giver is seeking to influence his or her decisions or actions, or seeking a favour in return for the gift or benefit. 4. A councillor must not solicit gifts or benefits in the carrying out of his or her duties. 5. A councillor must not accept an offer of cash, cash-like gifts (such as gift cards and vouchers) or credit. 6. A councillor must not accept a gift or benefit if the giver is involved in a matter which is before the Council. 7. A councillor may accept an offer of a gift or benefit that is token in nature (valued at less than $50) or meets the definition of a token gift or benefit as defined by Council’s Councillors Gifts & Benefits Policy as amended from time to time. 8. A councillor accepting a gift or benefit must register the gift or benefit in Council’s Councillor’s Gifts & Benefits Register in accordance with the Councillors Gifts & Benefits Policy as amended from time to time. Relationship with community, councillors and Council employees 1. A councillor – (a) must treat all persons with courtesy, fairness, dignity and respect; and (b) must not cause any reasonable person offence or embarrassment; and (c) must not bully or harass any person. 2. A councillor must listen to, and respect, the views of other councillors in Council and committee meetings and other proceedings of the Council, and endeavour to ensure that issues, not personalities, are the focus of debate. 3. A councillor must not influence, or attempt to influence, any Council employee or delegate of the Council, in the exercise of the functions of the employee or delegate. 4. A councillor must not contact or issue instructions to any of the Council’s contractors or tenderers, without appropriate authorisation. 5. A councillor must not contact an employee of the Council in relation to Council matters unless authorised by the General Manager of the Council. Representation 1. When given information to the community, a councillor must accurately represent the policies and decisions of the Council. 2. A councillor must not knowingly misrepresent information that he or she has obtained in the course of his or her duties. 3. A councillor must not speak on behalf of the Council unless specifically authorised or delegated by the Mayor. 4. A councillor must clearly indicate when he or she is putting forward his or her personal views. 5. A councillor’s personal views must not be expressed in such a way as to undermine the decisions of Council or bring the Council into disrepute.

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6. A councillor must show respect when expressing personal views publicly. 7. The personal conduct of a councillor must not reflect, or have the potential to reflect, adversely on the reputation of the Council. 8. When representing the Council on external bodies, a councillor must strive to understand the basis of the appointment and be aware of the ethical and legal responsibilities attached to such an appointment.

GUIDELINES: 5.1 By virtue of section 28V of the Local Government Act 1993, a person may make a complaint to Council in relation to an alleged failure of a Councillor to comply with any provision of the Code of Conduct. 5.2 A breach of the Code of Conduct is a failure by a Councillor to comply with a provision of the Code. A complaint may only be lodged in respect of a breach of the Code. 5.3 A complaint must: x be in writing; and x state the name and address of the complainant; and x state the name of each councillor against whom the complaint is made; and x state the provision of the code of conduct that the councillor has allegedly contravened; and x contain details of the behaviour of each councillor that constitutes the alleged contravention; and x be lodged with the general manager of the council within 6 months after the councillor or councillors against whom the complaint is made allegedly committed the contravention of the code of conduct; and x be accompanied by the prescribed fee.

COMMUNICATION: 6.1 The Code of Conduct is a statutory requirement and is available from the Civic Centre or can be accessed on Council’s website at www.kingborough.tas.gov.au

LEGISLATION: 7.1 The Code of Conduct is intended to address matters specifically required in accordance with the Local Government Act 1993 and the Local Government (General) Regulations 2005.

RELATED 8.1 Other Council policies which are relevant to the Code of Conduct DOCUMENTS: include: x Payment of Councillor Expenses and Provision of Facilities Policy (2.1) x Occupational Health and Safety Policy (9.8) x Anti- Discrimination & Harassment Policy (9.3) x Equal Employment Opportunity & Workplace Diversity Policy (9.9) x Public Interest Disclosures Policy and Procedures (1.4)

AUDIENCE 9.1 Councillors, employees and public

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Councillors Policy Number 1.8

LAST NEXT MINUTE REVIEW REVIEW REF Jan 2012 Jan 2014 GF5/1-12 Code of Conduct Policy POLICY 1.1 The Code of Conduct is a statement of the standard behaviour that STATEMENT: Councillors have agreed should be demonstrated, and which the community can expect when they are carrying out their roles and responsibilities as an elected member. 1.2 The requirement for all Councils to adopt a Code of Conduct was inserted into the Local Government Act 1993 in 2005. As a result the Council adopted its first Code of Conduct in May 2006. The Code of Conduct is to be reviewed within 12 months of each ordinary election. 1.2 This policy was reviewed in January 2012 following the conduct of the Council elections in October 2011.

OBJECTIVE: 2.1 The Code of Conduct: x provides a clear understanding of how Councillors will behave in their dealings with each other, Council employees and members of the community. x provides a practical means of identifying and resolving situations which may face Councillors in carrying out their roles and functions. x promotes fair, objective, transparent and informed decision- making by Councillors, ensuring that public interest will always have priority over Councillors’ private interests.

SCOPE: 3.1 The Code of Conduct applies to all elected Councillors. The Code requires that Councillors: x act honestly; x exercise reasonable care and diligence in carrying out their role; x do not make improper use of their position, including to gain, or attempt to gain, directly or indirectly, an advantage for themselves or for any other reason or to cause, or attempt to cause, damage to the Council; x not make improper use of information acquired because of their position or to gain, or attempt to gain, directly or indirectly, an advantage for themselves or for any other person. x ensure that they act with dignity and integrity when representing the Council. 3.2 The Code of Conduct applies whenever a Councillor: x conducts Council business, whether at, or outside of a meeting; x conducts the business of the office of Mayor, Deputy Mayor or Councillor; x acts as a representative of the Council.

PROCEDURE: 4.1 Refer to the attached “Councillors Code of Conduct” document. (POLICY DETAIL)

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GUIDELINES: 5.1 By virtue of section 28F (1) of the Local Government Act 1993, a person may make a complaint to Council in relation to an alleged failure of a Councillor to comply with any provision of the Code of Conduct. 5.2 A breach of the Code of Conduct is a failure by a Councillor to comply with a provision of the Code. A complaint may only be lodged in respect of a breach of the Code. 5.3 A complaint must: x be in writing; x be lodged with the Mayor (or the Deputy Mayor if the complaint relates to the Mayor); x be lodged within 90 days after the alleged breach; x contain full particulars of the alleged breach; x identify both the respondent Councillors and the person making the complaint; and x be accompanied by the prescribed fee.

COMMUNICATION: 6.1 The Code of Conduct is a statutory requirement and is available from the Civic Centre or can be accessed on Council’s website at www.kingborough.tas.gov.au

LEGISLATION: 7.1 The Code of Conduct is intended to address matters specifically required in accordance with the Local Government Act 1993 and the Local Government (General) Regulations 2005. 7.2 In particular Regulation 22A requires that the following matters are to be addressed within the Council’s Code of Conduct: (a) conflicts of interest; (b) the use of the office of councillor, mayor or deputy mayor; (c) the use of council resources; (d) the use of council information; (e) the giving and receiving of gifts and benefits; (f) relationships with the community, other councillors and council employees; and (g) the representation of the council. 7.3 The following references to the Local Government Act 1993 and the Local Government (General) Regulations 2005 are relevant to matters contained within the Code of Conduct: x Local Government Act 1993 – Part 3 - Division 3 – Councillors (in particular sections 25 – 28I) x Local Government Act 1993 - Section 58 – Tabling of Petition x Local Government Act 1993 - Part 5 – Interests x Local Government Act 1993 – Part 16 - Division 3 – General Provisions – (in particular sections 338A, 339 & 339A) x Local Government Act 1993 – Schedule 5 – Office of Councillors (in particular sections 1, 2 & 3) x Local Government (Meeting Procedures) Regulations 2005 – (in particular sections 15 and 34)

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x Local Government (General) Regulations – Part 2A – Code of Conduct

DEFINITIONS: Code of Conduct Panel – means the Code of Conduct Panel established by the Council under section 28G of the Local Government Act 1993; Council – means the Kingborough Council

Councillors – means a councillor elected to the Kingborough Council and includes the Mayor and Deputy Mayor.

Standards Panel – means the Standards Panel established by the Local Government Association of Tasmania under section 28H of the Local Government Act 1993.

AUDIENCE 9.1 Councillors, employees and public

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REPORT TO: COUNCIL

SUBJECT: COUNCILLORS GIFTS & BENEFITS POLICY

FILE REF: 12.214 DATE: 26 APRIL 2016

OFFICER: IAN HOLLOWAY - EXECUTIVE OFFICER

ENDORSED BY: GARY ARNOLD - GENERAL MANAGER

1. PURPOSE

Strategic Plan Reference

Key Priority Area 6 A well administered organisation Strategic Outcome 6.3 Legislative obligations are met Strategy 6.3.3 Ensure that Council’s governance arrangements meet the requirements of the Local Government Act

1.1 To consider amendments to the Councillors Gifts & Benefits Policy 1.16 as a result of the new code of conduct for councillors.

2. BACKGROUND

2.1 Council adopted the Councillors Gifts & Benefits Policy on 27 July 2015 (Minute No. C236/10-15 refers). Changes to the Local Government Act 1993 have resulted in amendments being required to the Councillors Gifts & Benefits Policy.

3. STATUTORY REQUIREMENTS

3.1 The code of conduct for councillors has set the value of a “token gift” at $50.00 which is less than the value currently within the Gifts & Benefits Policy.

4. DISCUSSION

4.1 The following amendments have been made to the existing policy:

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Procedure - continued Clause 4.3 is amended by deleting “Accepting gift of money is prohibited” and substituting with “Accepting gifts of cash, cash-lie gifts (such as gift cards and vouchers) or credit is prohibited. Clause 4.10 is amended by deleting the second and third paragraph and substituting with “Any person may lodge a complaint in accordance with the Code of Conduct for an alleged breach of the Code of Conduct to the General Manager.” Clause 4.11 is amended by deleting $100.00 and substituting with $50.00 Legislation By adding the following: Section 28ZI of the Local Government Act 1993 states that the Code of Conduct Panel may impose one or more of the following sanctions on the councillors against whom a complaint is made: (a) a caution (b) a reprimand (c) a requirement to attend counselling or a training course (d) a suspension form performing and exercising the functions and powers of his or her office as a councillor for a period not exceeding 3 months. A third suspension may result in the councillor being disqualified as a councillor by the Minister.”

5. FINANCE

5.1 There are no financial implications for Council as a result of the recommended amendments to the policy.

6. COMMUNICATION AND CONSULTATION

6.1 The policy will be made available to the public at the Civic Centre and on Council’s website. No public consultation is required for this matter.

7. RISK

7.1 The recommended changes are in line with amended legislation and adoption of the amendments does not expose Council to any risk.

8. CONCLUSION

8.1 The value of a token gift has been set at $50.00 as per the Model Code of Conduct and Council’s Code of Conduct. The amendments to the current Councillors Gifts and Benefits Policy are required to reflect the legislative changes.

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9. RECOMMENDATION

MOVED SECONDED

That the following amendments be made to Council’s Councillors Gifts and Benefits Policy 1.16 with immediate effect:

Section Amendment Objective By adding the following words at end of 2.1 – “as well as compliance with Council’s Code of Conduct”. Definitions By amending the sum in the nominal value from $100.00 to $50.00 Procedure By inserting the following after existing first paragraph: “Council’s Code of Conduct “Gifts and Benefits” outlines the provisions in relation to Councillors being offered a gift or benefit. A breach of the clauses within the Code of Conduct will be treated as a breach of the Code of Conduct.” Procedure - continued Clause 4.3 is amended by deleting “Accepting gift of money is prohibited” and substituting with “Accepting gifts of cash, cash-lie gifts (such as gift cards and vouchers) or credit is prohibited. Clause 4.10 is amended by deleting the second and third paragraph and substituting with “Any person may lodge a complaint in accordance with the Code of Conduct for an alleged breach of the Code of Conduct to the General Manager.” Clause 4.11 is amended by deleting $100.00 and substituting with $50.00 Legislation By adding the following: Section 28ZI of the Local Government Act 1993 states that the Code of Conduct Panel may impose one or more of the following sanctions on the councillors against whom a complaint is made: (a) a caution (b) a reprimand (c) a requirement to attend counselling or a training course (d) a suspension form performing and exercising the functions and powers of his or her office as a councillor for a period not exceeding 3 months. A third suspension may result in the councillor being disqualified as a councillor by the Minister.”

VOTING For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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COUNCILLORS (Policy No. 1.16 )

GIFTS AND BENEFITS POLICY LAST NEXT MINUTE REF REVIEW REVIEW

POLICY 1.1 The Gifts and Benefits Policy is to provide guidance to Councillors STATEMENT: regarding the issue of being offered or receiving gifts or benefits and compliments the requirements for gifts and benefits in Council’s Model Code of Conduct. 1.2 The Policy also ensures that in dealing with any gifts, benefits or the offer of gifts or benefits that Councillors are not influenced in the performance of their duties and that there is no perception of undue influence due to these offers. OBJECTIVE: 2.1 The Policy provides a clear understanding of Councillors’ responsibilities in relation to receiving or being offered gifts or benefits to ensure that the integrity of individual Councillors and Council as a corporation is protected as well as compliance with Council’s Code of Conduct. SCOPE: 3.1 The policy applies to all gifts and benefits offered to or received by Councillors in their role as officers of the Council. DEFINITIONS Councillors – means a person elected to Council and includes the Mayor and Deputy Mayor Gift – is usually a tangible item provided at no charge. Gifts may include, but are not limited to items such as cash, property (real or otherwise), goods and services made available at heavily discounted prices, alcohol, clothes, products, invitations to social functions and tickets to sporting, theatrical or music events. Cumulative gift – a series of gifts of nominal value from the same person or organisation over a specified period which may have an aggregate value that is significant. Gift of influence – a gift that is intended to generally ingratiate the giver with the recipient for favourable treatment in the future Gift of gratitude – a gift offered to an individual or department in appreciation of performing specific tasks or for exemplary performance of duties. Gifts to staff who speak at official functions may be considered an example of gifts of gratitude. Benefit – a non-tangible item which is believed to be of value to the receiver (i.e. preferential treatment such as queue jumping, access to confidential information and hospitality) Hospitality – the provision of accommodation, meals, refreshments or other forms of entertainment. Bribe – a gift or benefit given specifically for the purpose of winning favours or to influence the decision or behaviour of a Council official to benefit someone or something. Cash – money or vouchers which are readily convertible Nominal value – is the monetary limit of the value of gifts or benefits that may be accepted (i.e. total value of gift or benefit received). A gift

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or benefit is of nominal value when it has no significant or lasting value in excess of $50.00. Significant value – a gift or benefit that has a value above the nominal value limit. Token - usually have a value under the nominal value limit. Non token – items that are of a more individual nature, with a value above the nominal value limit. Items may include, free or discounted travel; use of holiday homes; corporate hospitality at major sporting events; free training excursions; tickets to major events and access to confidential information. Conflict of interest – any situation in which an individual or corporation (either private or government) is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit. Public perception – the perception of a fair-minded person in possession of the facts Gifts and Benefits Declaration Form – a form to be completed (example template at attachment 1), when an individual receives a gift or benefit of a non-token nature above the nominal limit or receives a series of token gifts or benefits in a specified time that may have significant aggregate value (Cumulative Gift) Gifts and Benefits Register – a register maintained by Council of all declared gifts and benefits (attachment 2). PROCEDURE: 4.1 General (POLICY DETAIL) Councillors at all times and in all circumstances must be seen to be fair, impartial and unbiased. Council’s Code of Conduct “Gifts and Benefits” outlines the provisions in relation to Councillors being offered a gift or benefit. A breach of the clauses within the Code of Conduct will be treated as a breach of the Code of Conduct. Councillors should actively discourage offers of gifts and benefits and must not solicit gifts or benefits. Councillors must not take advantage of their official position to secure an unreasonable personal profit or advantage. People doing business with the Council should be encouraged to understand that they do not need to give gifts or benefits to Councillors to get high quality service. From time to time Councillors may be offered gifts or benefits. In some limited circumstances gifts and benefits may be accepted. Token gifts of nominal value may generally be received. Non – token gifts of significant value should not generally be accepted. Councillors should at all times be aware of the wider situation in which an offer of a gift or benefit is being made. For example, Councillors should consider whether the donor is in or may be seeking to enter into a business relationship with Council or may be applying to Council in relation to the exercise of Councils functions.

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Councillors must avoid situations that suggest that a person or body, through the provision of gifts or benefits is attempting to secure favourable treatment from Council. When deciding whether to accept or decline a gift or benefit, consideration should be given to both the value of the gift or benefit and also the intent of the gift or benefit being offered. 4.2 Acceptable gifts and benefits Token gifts may be accepted by Councillors without disclosing details to the General Manager or Mayor and without recording the details of the gift or benefit on the Gifts and Benefits Declaration Form or Register (attachment 1 and 2). That said, Councillors who receive more than the specified number of token gifts of a nominal value from the same person or organisation, in a specified period must disclose that fact in the gifts and benefits register. If a Council official has any doubt if a gift or benefit is token or of nominal value they should discuss it with the General Manager or Mayor. 4.3 Non acceptable gifts and benefits Accepting gifts of cash, cash-like gifts (such as gift cards and vouchers) or credit is prohibited. Councillors should generally not accept gifts or benefits that appear to be non-token in nature or more than of a nominal value. If a gift or benefit of a non-token nature or above nominal value is offered and cannot reasonably be refused (as this action may cause embarrassment), the offer and receipt of the gift or benefit must be declared via completion of A Gifts and Benefits Declaration Form (at attachment 1) and the details must be recorded on the Council Gift Register (at attachment 2). If a Councillor refuses a gift or benefit because they believe that the gift was a deliberate attempt to receive “special treatment’, then such instances are to be reported to the General Manager or Mayor. 4.4 Non token gifts and benefits At times a gift of a non-token nature may be given from one authority to another. Such gifts are often provided to a host authority. These gifts may be given as an expression of gratitude without obligation on the receiver to respond. The gratitude usually extends to the work of several people in the authority and therefore the gift is considered to be for the authority, not a particular individual. 4.5 Actual or perceived effect of the gift or benefit Accepting gifts where a reasonable person could consider that there may be influence applied as a result of accepting the gift or benefit is prohibited. (gift of influence). Where it is suspected that a gift or benefit has been offered for the purpose of influencing the behaviour of someone acting in their official capacity, the gift or benefit must be declined and the matter should be reported immediately to the General Manager or Mayor.

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4.6 Bribes Councillors must not offer or seek a bribe. A person offered a bribe should refuse it and report the incident as soon as possible to the General Manager or the Mayor. Council will take steps to report the matter to Police immediately. Receiving a bribe is an offence under both the common law and Tasmanian Legislation. 4.7 Family members Councillors must take all reasonable steps to ensure that immediate family members do not receive gifts or benefits of a non-token nature or gifts or benefits above the nominal value. Immediate family members include parents, spouses, children and siblings. 4.8 Records – Gifts and Benefits Registers Councillors, who receive more than the specified number of token gifts or benefits from the same person or organisation, (cumulative gift) must disclose that fact on the Gifts and Benefits Declaration Form and Register (attachment 1 and 2). The specified number is included in 4.11 If a Councillor receives a non-token gift or benefit in circumstances where it cannot reasonably be refused or returned, the receipt of the gift or benefit should be disclosed and the details recorded on a Gifts and Benefits Declaration Form (at attachment 1) and in the Gifts and Benefits Register (at attachment 2). 4.9 Disposal of gifts The General Manager or Mayor will determine whether a gift or benefit of a non-token nature should be disposed. There are options for the disposal of gifts that have been accepted because they could not reasonably be refused, but should not be retained by an individual. Examples of such circumstances where gifts or benefits may be received include: x Gifts accepted for protocol or other reasons, where returning it would be inappropriate x Anonymous gifts (received through the mail or left without a return address) x A gift received in a public forum where attempts to refuse or return it would cause significant embarrassment. x A gift or benefit of significant value provided to a Council official through a Will, where the relationship between the giver and recipient was essentially a council related business relationship. Options for disposal include: x Surrendering the gift to Council for retention x Distributing the gift or benefit amongst a selection of Council’s officials - where a reasonable person would agree that the allocation was appropriate, (public perception). x Donating the gift to an appropriate charity.

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4.10 Breaches of Model Code of Conduct All Councillors are obliged to comply with the Code of Conduct and sanctions may be applied if the policy is breached. Any person may lodge a complaint in accordance with the Code of Conduct for an alleged breach of the Code of Conduct to the General Manager. 4.11 Detail of amounts and frequencies specified in the policy For the purpose of this policy the current nominal value limit is $50.00 Councillors who receive more than (three) nominal gifts of a token nature from the same person or organisation, in a six-month period must disclose that fact in the gifts and benefits register. 4.14 Gifts and Benefits Register The General Manager will establish a Councillors’ Gifts and Benefits register. All offers of Gifts and Benefits that are reported or declared are to be recorded in the Gifts and Benefits Register. The Register must include: x The date of the offer x The name of the intended recipient x The name of the person/organisation who offered the gift x The nature of the gift x The estimated value of the gift x Other relevant details (including details of refusal or return of gift or benefit) The General Manager will review the Gifts and Benefits Register every three months to ensure compliance with this Policy and will liaise with the Mayor on the issue. In auditing the register, the General Manager will review the submissions of the previous six months and record on the register that they have done so. This will be dated and signed. Any comments or observations made by the General Manager should also be recorded on the register in the space available. The Register will be available for public inspection. LEGISLATION 6.1 Local Government Act 1993 Section 28ZI of the Local Government Act 1993 states that the Code of Conduct Panel may impose one or more of the following sanctions on the councillor against whom a compliant is made: (a) a caution (b) a reprimand (c) a requirement to attend counselling or a training course (d) a suspension from performing and exercising the functions and powers of his or her office as a councillor for a period not exceeding 3 months.

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A third suspension may result in the councillor being disqualified as a councillor by the Minister. Section 339A of the Local Government Act 1993 specifies penalties in relation to misuse of office by Councillors and employees. 339A Misuse of office

(1) A Councillor, an employee or a member must not procure the doing or not doing of anything by the council to gain, directly or indirectly, an advantages or to avoid, directly or indirectly, a disadvantage for– (a) the councillor, employee or member; or (b) a close associate of the councillor, employee or member; or (c) a member of the councillor’s, employee’s or member’s family. Penalty: Fine not exceeding 50 penalty units.

(2) In addition to any penalty imposed under this section, a court may make an order – (a) barring the councillor from nominating as a candidate at any election for a period not exceeding 7 years; or (b) dismissing the councillor or member from office 6.2 Criminal Code Act 1924 Section 83 of the Criminal Code Act 1924 provides for Criminal action on behalf of public officers. 83 Corruption of Public Officers Any person who –

(3) being a public officer, corruptly solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person on account of anything done or omitted, or to be done or omitted, by him in or about the discharge of the duties of his office; or

(4) corruptly gives, confers, or procures, or promises or offers to give, confer, or procure, or attempt to procure, to, upon, or for any public officer, or any other person, any property or benefit of any kind on account of anything done or omitted, or to be done or omitted, by such office in or about the discharge of the duties of his office – is guilty of a crime. Councillors are considered ‘public officers’ under the Criminal Code Act 1924 which has provision for the imposition of severe penalties, including imprisonment. COMMUNICATION 5.1 Kingborough Councillors are informed of this Policy. 5.2 A copy of this Policy is available from the Civic Centre or can be accessed on Council’s website at www.kingborough.tas.gov.au RELATED DOCUMENTS Council’s Code of Conduct.

AUDIENCE: Kingborough Councillors Community

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Council Agenda No. 8 Page 115 Monday 9 May 2016 GIFTS AND BENEFITS DECLARATION FORM Attachment 1

Name Date gift offered Description of the gift What is the dollar value (approximate) of the gift Name of individual or organisation providing the gift Where was the gift offered? (i.e. at a function, through the mail, at a meeting…………….) Recipients relationship to the donor Was the gift or benefit accepted or declined Councillor’s signature

Date

General Manager’s comments

Should the gift be retained? If not disposal method

General Manager’s name and signature

Office Use Date details recorded on Gifts and Benefits Register Kingborough Council – Gifts and Benefits Policy

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Council Agenda No. 8 Page 116 Monday 9 May 2016 GIFT AND BENEFITS REGISTER Attachment 2 This register shows reportable gifts and benefits that have been offered to and/or received by Council Officials for the financial year (to be inserted) The register includes instances where Council Officials have received more than the specified number of token gifts of a nominal value from the same person or organisation, in a specified period. Date gift Description of gift or benefit Value Name of donor and Name of recipient Reasons for Disposal Name and received ($) organisation accepting the gift (Yes/No) signature of accountable officer

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REPORT TO: COUNCIL

SUBJECT: LGAT GENERAL MANAGEMENT COMMITTEE VACANCY

FILE REF: 13.49 DATE: 27 APRIL 2016

OFFICER: IAN HOLLOWAY - EXECUTIVE OFFICER

ENDORSED BY: GARY ARNOLD - GENERAL MANAGER

1. PURPOSE

Strategic Plan Reference

Key Priority Area 5 Community leadership Strategic Outcome 5.2 The community is well represented at regional and State government levels Strategy 5.2.1 Maintain an active involvement at regional and state government levels in order to influence future decisions

1.1 To consider the nomination of a Councillor to fill a vacancy on the Local Government Association of Tasmania (LGAT) General Management Committee – Southern Electoral District having a population of 20,000 or more.

2. BACKGROUND

2.1 Glenorchy City Council’s Mayor Johnston previously held the position however her nomination was deemed invalid and a casual vacancy has occurred.

3. STATUTORY REQUIREMENTS

3.1 The nomination is in accordance with the Rules of LGAT with the election conducted by the Tasmanian Electoral Commission.

4. DISCUSSION

4.1 The Tasmanian Electoral Commission has advised (copy of correspondence attached) that it is conducting a by-election to fill the vacancy. Only Clarence City, Glenorchy City and Kingborough Councils are eligible to nominate a candidate.

4.2 Following the ruling by LGAT in relation to Mayor Johnston, Mayor Wass has been acting as proxy to the General Management Committee. Mayor Wass was appointed proxy member in November 2015 and from 11 January 2016, has been required to fill the vacancy created. Given the Mayor’s role as proxy, it is appropriate that Council nominate the Mayor as a candidate.

5. FINANCE

5.1 There are no financial implications associated with nominating Mayor Wass as a candidate.

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6. COMMUNICATION AND CONSULTATION

6.1 No public consultation or communication is required for this report. As outlined in the attached correspondence, in the event of two or more nominations a ballot of all councils of the Southern Electoral district will be held.

7. RISK

7.1 There are no risks to Council associated with nominating Mayor Wass as a candidate to fill the current vacancy on the LGAT General Management Committee.

8. CONCLUSION

8.1 Following the ruling of Mayor Johnston’s ineligibility to be a member to the LGAT General Management Committee, Mayor Wass has acted as the proxy appointment.

8.2 It is appropriate that Council nominate Mayor Wass as a candidate.

9. RECOMMENDATION

MOVED SECONDED

That Council nominate Mayor Wass as a candidate for the by-election as a member to the Local Government Association of Tasmania – General Management Committee (Southern Electoral District having a population of 20,000 or more).

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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REPORT TO: COUNCIL

SUBJECT: KINGBOROUGH ACCESS POLICY

FILE REF: 15.7 DATE: 22 APRIL 2016

OFFICER: DANIEL SMEE – MANAGER, COMMUNITY & RECREATIONAL SERVICES

ENDORSED BY: TONY FERRIER – DEPUTY GENERAL MANAGER

1. PURPOSE

Strategic Plan Reference

Key Priority Area 1. A safe, healthy and supportive community Strategic Outcome 1.2 Opportunities available for all ages, abilities and backgrounds. Strategy 1.2.2 Implement positive ageing programs in order that older people and physically impaired people are able to fully participate in community life.

1.1 The purpose of this report is to recommend an update of the Kingborough Access Policy.

2. BACKGROUND

2.1 The Kingborough Access Policy was last reviewed by Council in 2001 and is in need of updating.

3. STATUTORY REQUIREMENTS

3.1 It is not a statutory requirement for Council to have an Access Policy but there are a number of legislative requirements (particularly in relation to the Disability Discrimination Act 1992) that are invoked by the policy.

4. DISCUSSION

4.1 Council’s current Access Policy was adopted on 27 August 2001 and is limited to the following statement:

(i) All citizens in the Municipality of Kingborough should be entitled to enjoy full use of the communities assets.

(ii) It is the aim of the Council to ensure all new and existing facilities, e.g. parks, buildings, paths and roads adhere to the standards set down by the Standards Association of Australia (AS 14.28) Part 1 and AS 14.28 Part 2 where practicable with provisions to be made within budget estimates. Liaison to occur with the Disability and Personal Care Advisory Group on all aspects of these standards when deemed necessary.

(iii) In the adoption of these Standards, Council, by way of example is in a position to advise private and commercial operators of the benefits to the community following a Policy and Equal Access.

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4.2 The policy has been updated to reflect current terminology, legislation and definitions. It has also been presented in the standard format for all Council policies.

4.3 The fundamental principle commitment to ensuring equal access to services and facilities for all residents remains the same, with the focus of this policy on access for people with a disability.

5. FINANCE

5.1 There are no financial implications associated with this matter.

6. COMMUNICATION AND CONSULTATION

6.1 The policy underpins Council’s Access Action Plan, which has been prepared and implemented in consultation with the Kingborough Access Advisory Committee.

6.2 The Terms of Reference for this committee have been recently updated to reflect the need to update this plan.

7. RISK

7.1 There is a risk that Council’s commitment to equal access for people with a disability will be perceived to be tokenistic if the principles of the policy are not supported by action.

7.2 To this end, it is considered important to have an up to date policy and to support the recommendations of the Access Advisory Committee.

8. CONCLUSION

8.1 The Kingborough Access Policy is long overdue for review by Council and accordingly, an updated policy is presented for endorsement.

9. RECOMMENDATION

MOVED SECONDED

That the update of the Kingborough Access Policy (4.1) as attached to this report be endorsed.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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KINGBOROUGH (Policy No. 4.1)

LAST NEXT MINUTE ACCESS POLICY REVIEW REVIEW REF

22/04/2016 1/5/2020

POLICY 1.1 Council is committed to ensuring that people with disabilities have equal STATEMENT: access to its services, programs, events, facilities, information, public consultation processes and employment opportunities.

1.2 Council will work to ensure that people with a disability feel a sense of belonging and safety, are included and are able to access the services and facilities they need to fully participate in community life and to ensure that their physical and mental health needs are being met.

1.3 Council will contribute to the development of a community where people with a disability are accepted and valued and their contributions are recognised and celebrated.

OBJECTIVE: 2.1 The objective of the Kingborough Access Policy is to underpin the Kingborough Access Action Plan that has been developed to protect and promote the human rights of people with a disability, so that they are able to participate equally in a broad range of community activities, and contribute in a meaningful way to the social and economic development of Kingborough.

SCOPE: 3.1 The policy principles will be applied to all aspects of the delivery of services by the Kingborough Council.

PROCEDURE: 4.1 Application of the above principles will be applied to all aspects of the (POLICY DETAIL) delivery of services by the Kingborough Council to ensure that:

x Existing functions, facilities and services are adapted to meet the needs of all community members, including people with disabilities;

x Access to buildings and facilities is improved; x Information about functions, facilities and services is provided in formats which meet the communication requirements of all community members;

x Councillors and staff members have a greater awareness of the needs of people with disabilities, and increase their skills to ensure the City is accessible to all; and

x Opportunities are provided for all community members, including people with disabilities to participate in public consultations, grievance mechanisms and decision making processes.

COMMUNICATION: 5.1 This policy will be communicated to all staff involved in the delivery of services to people with disabilities.

LEGISLATION: 6.1 Universal Declaration of Human Rights 1948 6.2 Disability Discrimination Act 1992 6.3 Commonwealth Racial Discrimination Act 1975 6.4 Tasmanian Anti Discrimination Act 1998

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DEFINITIONS: 7.1 The Disability Discrimination Act 1992 (DDA) defines “disability” in relation to a person as: a) Total or partial loss of the person’s bodily or mental functions; or b) Total or partial loss of a part of the body; or c) The presence in the body of organisms causing disease or illness; or d) The presence in the body of organisms capable of causing disease or illness; or e) The malfunction, malformation or disfigurement of a part of the person’s body; or f) A disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or g) A disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour; and includes a disability that: h) Presently exists; or i) Previously existed but no longer exists; or j) May exist in the future (including because of a genetic predisposition to that disability); or k) Is imputed to a person l) To avoid doubt, a disability that is otherwise covered by this definition includes behaviour that is a symptom or manifestation of the disability.

RELATED 8.1 Kingborough Access Action Plan. DOCUMENTS: 8.2 Bullying Harassment and Discrimination Policy. 8.3 Recruitment and Employment Administrative Policy. 8.4 Equal Employment Opportunity and Diversity Policy. 8.5 Kingborough Positive Ageing Policy.

AUDIENCE: 9.1 Available to the public.

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REPORT TO: COUNCIL

SUBJECT: NOMINATIONS FOR KINGBOROUGH ACCESS ADVISORY COMMITTEE

FILE REF: 15.7 DATE: 21 APRIL 2016

OFFICER: JULIE ALDERFOX - COMMUNITY DEVELOPMENT OFFICER

ENDORSED BY: DANIEL SMEE - MANAGER COMMUNITY AND RECREATIONAL SERVICES

1. PURPOSE

Strategic Plan Reference

Key Priority Area 1.0 A safe, active and supportive community Strategic Outcome 1.3 Safe, active and healthy local communities Strategy 1.3.3 Regulations are enforced that protect the safety, amenity and convenience of the public

1.1 The purpose of this report is to consider nominations received for representation on the Kingborough Access Advisory Committee and to recommend alterations to the Terms of Reference to better reflect current practice.

2. BACKGROUND

2.1 Membership of the Kingborough Access Advisory Committee is for a two year period, with the current term having recently expired.

2.2 Expressions of interest for membership of the new committee were advertised in March 2016.

3. STATUTORY REQUIREMENTS

3.1 The Committee is appointed in accordance with Section 24 of the Local Government Act 1993 and therefore Council is required to approve the appointment of members.

4. DISCUSSION

4.1 Five nominations for the committee have been received, with details as follows:

x Mr Tony Cane: Long term member of the Kingborough Access Advisory Committee. Past convener of support group for the visually impaired. Mr Cane is legally blind.

x Mr Paul Gilby: Long term member of the Kingborough Access Advisory Committee. Retired architect of 30 years’ experience. Member of the Institute of Architects National Access Working Group.

x Mr Richard Rigney: Statutory Building Inspector & Accredited Building Surveying Practitioner with an interest in accessible facilities.

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x Ms Julie Taylor: Long term member of the Kingborough Access Advisory Committee. Representative of Arthritis Tasmania.

x David Vickery: Long term member of the Kingborough Access Advisory Committee. Mr Vickery has a strong personal interest in the provision of accessible facilities.

4.2 The Terms of Reference for the Committee (see attached) have been amended to reflect a requirement to update Council’s Access Action Plan (see attached), which was last revised in May 2009.

4.3 There is provision for up to 13 members on the committee and it is intended to seek additional members on an ongoing basis for endorsement by Council.

5. FINANCE

5.1 There are no financial implications associated with this matter.

6. COMMUNICATION AND CONSULTATION

6.1 Nominations were called for in the Kingborough Chronicle in March 2016.

7. RISK

7.1 There are no risks identified in relation to this matter.

8. CONCLUSION

8.1 A total of five nominations were received for membership of the Kingborough Access Advisory Committee, all of whom have the necessary experience and interest in disability access issues to warrant appointment to the committee.

9. RECOMMENDATION

MOVED SECONDED

That:

(a) The updated Terms of Reference for Kingborough Access Advisory Committee as attached to this report be endorsed.

(b) Tony Cane, Paul Gilby, Richard Rigney, Julie Taylor and David Vickery be appointed as members of the Kingborough Access Advisory Committee.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt x

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KINGBOROUGH ACCESS ADVISORY COMMITTEE

TERMS OF REFERENCE

1. The Committee

The name of the committee shall be the Kingborough Access Advisory Committee (hereinafter referred to as the ‘Committee’) appointed as an advisory committee to the Kingborough Council under Section 24 of the Local Government Act, 1993.

2. Definitions

“Council” means the Kingborough Council.

“Committee” means the Kingborough Access Advisory Committee.

3. District

The Committee shall operate within the boundaries of the Kingborough municipal area.

4. Aims

The intention and purpose of the Committee is:

(a) To provide advice and assistance to Council on access issues, in particular in the implementation of the Disability Discrimination Act 1992;

(b) Regular evaluation of Council’s Access Action Plan.

5. Objectives

The Committee will endeavour to achieve its aim through the following:

(a) By being a point of consultation on issues regarding Council activities and projects and how they impact on the access needs of the community

(b) By identifying priorities each year, within the allocated budget, to improve access for all in parks, streetscapes, and Council-owned buildings and facilities.

(d) Promoting to Council the right of people with a disability to be treated in a manner that enhances dignity, independence and equality of service.

(e) Assisting in the provision of disability awareness training to Committee members and other identified groups where appropriate.

(f) Assisting in the development of policies and procedures relating to access.

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(g) Facilitating and overseeing regular evaluation, updating and implementation of Council’s Access Action Plan.

6. Membership

Members are appointed as an advisory committee to Council and shall comprise of the following:

(a) A Kingborough Councillor, who shall act as Chairperson for the Committee.

(b) Organisational representation – up to five (5) organisations, with one representative from each, with an interest or involvement in matters relating to access.

(c) Individual representation – up to eight (8), resident in the municipality if possible, and covering a broad range of disabilities or interest categories.

7. Support

The General Manager will designate a Council staff member who shall act as the executive officer to the Committee.

8. Appointment of Members and Tenure of Appointment

(a) Terms of office for Councillors shall be until the next Councillor election for Kingborough.

(b) Community members shall hold office for a period of two (2) years expiring 31 December. In the event of the resignation of a community member during their term of office, Council may appoint a community representative to complete the term of office. A member may re-nominate for consecutive terms of office.

(c) If a member fails to attend three (3) consecutive meetings of the Committee, his/her appointment shall be automatically terminated unless prior leave of absence has been granted.

9. Management

(a) The Committee has the authority to establish sub-working committees as required to address specific purposes of the Committee.

(b) The Committee has authority to second individuals from outside of the Committee on a voluntary basis for their expert advice.

(d) The Committee has no delegated powers and has no authority to implement its recommendations without the approval of Council.

(e) The Mayor shall be the spokesperson for any matters for which the Committee may wish to publicise.

10. Meetings

(a) The Committee will meet on a bi-monthly basis as approved by Council.

(b) The quorum at any meeting shall be fifty percent (50%) plus 1 of the Committee membership in accordance with the Local Government (Meeting Procedures) Regulations 2005.

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(c) In the absence of the appointed Chairperson, the Committee shall elect an Acting Chairperson for the meeting from amongst those present.

(d) A meeting may only transact business if a quorum is present.

(d) The Minutes shall as a minimum address each of the sections of the agenda, and record all formal decisions of the Committee.

(e) Committee Minutes will be provided to Council following each meeting.

(f) Matters requiring Council consideration will form a recommendation to Council within the Minutes and must be formally passed by the Committee.

11. Voting

(a) Committee members are entitled to vote at a Committee meeting. Meeting observers, and Council staff, will not have voting rights.

(b) Where decisions are required by the Committee, the Chairperson will seek to bring Committee members to a consensus decision. Where a consensus cannot be reached, the issue will be put to the vote.

(d) A majority vote will determine in favour of the matter and will be considered the opinion of the Committee.

(e) A tied vote will result in the proposed decision being defeated.

(f) A Committee member present may request that their dissent be recorded within the Minutes.

(g) If any member of the Committee calls for a division, then the votes of all members will be recorded.

(h) Members must be present to be able to vote on an issue.

(i) Councillors appointed to the Committee will be considered to be advising Council on the views of the Committee only when those views are the views expressed by the majority of Committee members.

Draft April 2016

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Kingborough Access Advisory Committee Action Plan

Local Government has a contribution to make in protecting and promoting the human rights of people with a disability, so that they are able to participate equally in a broad range of community activities, and to be contributing citizens in the social and economic development of our community.

As a major provider of services and facilities the Kingborough Council strives to create and facilitate an environment which is free of disability discrimination.

The Kingborough Access Advisory Committee’s Action Plan is a strategy for changing or improving Council’s practices which may discriminate against people with a disability.

KEY AREA 1 - COMMUNICATION

To develop communication systems and procedures which are accessible to our employees, residents and visitors with a disability.

1. Copies of the Action Plan are available without charge to members of the public, Councillors, member of staff, businesses, organisations and government departments.

2. Council will avoid where possible all unnecessarily complex language from Council documents and publications.

3. Council will, where practicable and upon request provide public notices and information in alternative formats.

4. Council will ensure that where necessary people with disabilities are referred to appropriate agencies to assist with their contact with Council.

5. Any complaints about Council’s compliance with the Disability Discrimination Act or Action Plan will initially be directed to the Manager Community Development. A report detailing progress towards resolution of any complaint will then be promptly provided to the Access Committee

KEY AREA 2 - SERVICES TO THE COMMUNITY

Council will endeavour to progressively achieve ease of access for residents and visitors with a disability when using its services.

This work will be undertaken in consultation with the Access Committee on a priority basis and within Council’s resources.

1. Council will ensure that the requirements of relevant legislation e.g. Disability Discrimination Act and the Building Code of Australia, are considered in the construction and refurbishment of buildings with public access.

2. Council will consider the following in relation to improving access:

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• General and toilet access at Council halls;

• Access to Council reserves (including access to toilet facilities);

• Access to the central business districts;

• Access to shopping centres and services.

3. Council, in consultation with the Access Committee, will maintain a database of accessible facilities. An access map of the Kingborough area will be maintained from that data.

KEY AREA 3 - ENVIRONMENT

Council will ensure that its environmental and land management activities do not create barriers for people with a disability.

1. In consultation with the appropriate peak bodies, and appropriate Stage Government departments, Council will encourage accessible environmental and land management projects within the Kingborough area.

KEY AREA 4 - LEISURE AND TOURISM

Council will work to prevent barriers to the participation of people with a disability in cultural and recreational activities. This work will be done on a priority basis within Council’s resources.

1. Access improvements will be considered as part of all major works being carried out by Council.

2. Council will consult with the Access Committee to ensure that any parks and reserves upgrades throughout Kingborough take the needs of people with a disability into consideration.

3. Council will progressively adopt Australian Standards with regards to signage, and will consult with the Access Committee to establish a priority basis for such works within Council’s resources.

4. Council will encourage tourist operators to remove barriers that may be encountered by people with a disability.

KEY AREA 5 - URBAN DEVELOPMENT

Council will ensure that any developments in the Kingborough area comply with relevant disability legislation.

1. Council will endeavour to resolve any conflict with advertising signs in pedestrian areas and the needs of people with disabilities.

2. Council will seek to ensure that disability issues are taken into consideration in the creation of Development Control Plans and the assessment of Development Applications.

KEY AREA 6 - PHYSICAL INFRASTRUCTURE

Where practicable, Council will ensure physical infrastructure in the Kingborough area is designed and constructed in a way that is accessible to residents and visitors with a disability. This would include access improvements to existing physical infrastructure through the Works Maintenance Program. This will be done on an ongoing basis, prioritised within Council’s resources.

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1. Council will attend to, and consult with appropriate agencies, to identify and correct any problems relating to road infrastructure. This work is to be undertaken on a priority basis in consultation with the Access Committee.

KEY AREA 7 - ORGANISATIONAL CULTURE

Council will encourage the participation in appropriate training by elected members, appropriate staff and volunteer committee members, to inform them of issues relating to the disability legislation.

1. Where appropriate staff performance evaluations will include consideration of success in achieving Action Plan goals.

KEY AREA 8 - FINANCE

Council will ensure its financial planning and administration processes account for the implementation of the action plan goals.

KEY AREA 9 - PRIORITY LIST

The Access Committee will ensure that an Access Priority List is produced and updated on a regular basis.

Allocate Responsibility

The General Manager may devolve responsibility for the achievement of goals and targets to relevant Managers or staff.

Evaluation Mechanisms

The evaluation mechanism in the Kingborough Action Plan will be the achievement of goals within the target time frames.

1. Evaluation will be achieved by the provision of timely information to the Access Committee.

The Access Committee will review the Action Plan each year and record progress towards the achievement of goals, together with any recommended changes to the Plan. The outcomes of the review will be reported to Council.

Council will consider changes to the Action Plan and decide on the amendments that need to be made, following recommendations from the Access Committee.

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Kingborough Access Advisory Committee Assessment Process Flowchart Aim: The purpose of the Committee is to provide advice and assistance to Kingborough Council on access issues, in particular, in the implementation of the Disability Discrimination Act and regular evaluation of Council's access Action Plan Terms of Reference -objective a) by being a point of consultation on issues regarding Council activities and project and how they impact on the access needs of the community.

The Committee has opportunities to Review of Planning input into the review of Council’s Scheme Planning Scheme

Opportunities may exist for the Access Advisory Committee to Council’s Capital Works provide advice on projects of interest. Program

1. Council sign off on capital works program.

2. List of capital works provided to Committee.

3. Committee meet and discuss list, identifying projects of interest.

4. Committee request presentation on identified projects.

5. Manager Design & Asset Services and Transport & Reserves Engineer provide presentation.

6. Feedback from Committee incorporated into design briefs.

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Private Development Committee provides only comments Applications on development applications. Planner will advise Committee on 1. Manager Planning codes and legislation. assigns identified public access development application (DA) to a Planner

2. Planner notifies the Administration Officer Community Liaison or Community Development Officer of DA.

3. Administration Officer Community Liaison or Community Development Officer e- mail DA’s plan to Committee and requests a meeting within 5 days. Committee to consider plan prior to meeting.

4. Committee meets with Planner and provides comment – one-off opportunity.

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REPORT TO: COUNCIL

SUBJECT: RECREATIONAL VEHICLE / CAMPING STRATEGY

FILE REF: 27.8 DATE: 21 APRIL 2016

OFFICER: IAN HOLLOWAY - EXECUTIVE OFFICER

ENDORSED BY: GARY ARNOLD - GENERAL MANAGER

1. PURPOSE

Strategic Plan Reference

Key Priority Area 4 A vibrant local economy Strategic Outcome 4.2 Visitors and new residents are attracted to come to Kingborough Strategy 4.2.1 Identify and promote the tourism, lifestyle and investment opportunities within Kingborough

1.1 To consider the development of a recreational vehicle and camping strategy for Kingborough.

2. BACKGROUND

2.1 With the increase in tourism in Tasmania there has been an increase in the number of tourists including those using recreational vehicles (RV) for accommodation/transport and also backpackers who are taking advantage of seasonal work opportunities within Kingborough.

3. STATUTORY REQUIREMENTS

3.1 There are no statutory requirements relating to this report.

4. DISCUSSION

4.1 The Bruny Island Advisory Committee and other community groups on Bruny Island are expressing concern about the adverse impacts of tourism on Bruny Island as a result of the 15-20% growth in visitor numbers to the Island over the past two years. The basis of the complaints is associated with what is considered to be a lack of facilities for visitors.

4.2 Council has also received a submission (copy attached) for the development of Margate as an “RV Friendly Town / Destination” with provision of facilities for overnight stays by recreational vehicles.

4.3 Council’s existing camping facility at Gordon has seen increased numbers with occupancy extending beyond what has been considered the traditional “camping” season.

4.4 Correspondence (copy attached) has also been received from the Campervan and Motorhome Club of Australia (CMCA) wishing to investigate opportunities for the establishment of a park for self-contained RV tourists. There are a number of

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potential sites in this regard, but each of these require a more detailed assessment and a decision on what would be the optimum site.

4.5 Conversely, correspondence (copy attached) has been received from the Kettering Community Association expressing concern about the adverse impacts of camping in the Kettering and Trial Bay areas. There are also reports that “unwanted” camping has been occurring around the hotel at Kettering and the adverse impacts of backpacker camping on Bruny Island especially around the day use reserves.

4.6 Council has received adverse comments from the RV market that there is a lack of suitable over-night parking areas within Kingborough as well as the lack of identified parking areas within Kingston that can accommodate RV vehicles whilst the occupants shop in Kingston.

4.7 Council provided facilities for RVs are limited to black-water dump points at Kingston (the wetlands), and Alonnah Council depot and a camping area at Gordon. Other approved facilities in Kingborough are the caravan park at Adventure Bay, Parks & Wildlife Services’ camp sites on Bruny Island and the Snug Caravan Park.

4.8 Current tourism projections are that there is likely to be further increases in visitor numbers similar to the past two years, which will place considerable strain on the limited facilities within Kingborough (both Council and State Government agency managed).

4.9 The State Government (via Destination Southern Tasmania) is to prepare a “Destination Action Plan” (DAP) for Bruny Island that will identify the gaps in tourism facilities on the Island. However this will not cover “mainland” Kingborough which is the entry point for Bruny Island, nor will the DAP identify all the issues associated with RV tourism in Kingborough. However the DAP would provide critical information that could be used in the development of a RV strategy for the whole municipality.

4.10 From the above comments it is clear that there is an urgent need for Council to consider the development of a strategy associated with the RV and backpacker tourism market in regards to the infrastructure needs to accommodate the expected visitors.

4.11 Provided under separate cover is a copy of the Moira Shire RV Friendly Strategy and the Toowoomba Regional Council RV Strategy. These examples identify the various issues faced and provide guidance for the development of a strategy for Kingborough.

5. FINANCE

5.1 The RV market is a growing market and has the capacity to increase spending within Kingborough which in turn builds the resilience of local businesses and potentially providing expanded employment opportunities.

5.2 However the encouragement of RVs to Kingborough also imposes costs on the community for the provision of facilities that are specific to the RV market and not necessarily used by the community.

5.3 Existing staffing resources do not have the capacity to undertake the development of a RV strategy. Therefore the development of a strategy would be reliant upon an appropriately skilled consultant funded from the Governance consultancy budget. At this time a detailed cost for a consultancy service is not known however it would be reasonable to allocate $10,000.

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6. COMMUNICATION AND CONSULTATION

6.1 If Council is supportive of the development of a recreational vehicle strategy then advice would be provided to the community as to Council’s actions.

6.2 The development of a strategy would require community consultation especially within the key target areas within Kingborough.

7. RISK

7.1 Without a coordinated approach to addressing the requirements of the RV and backpacker market, there is a real risk that there will be long term reputational damage to Kingborough. This would likely result in a downturn of tourism which would then have an adverse impact on the businesses that rely on tourism as their main business income.

7.2 Any Recreational Vehicle Strategy would need to address the risks associated with the likely concerns to be raised by commercial caravan park operators. These types of concerns have occurred whenever specific RV facilities have been provided. Care will need to be taken in regard to any anti-competitive activities and the need to consult with affected stakeholders.

8. CONCLUSION

8.1 There are complex issues associated with the increasing number of recreational vehicles visiting Kingborough and the lack of a strategy is resulting in Council not being able to adequately response to both desires and complaints around the RV market.

8.2 The past two years has seen a 15%-20% growth in the visitor numbers to Kingborough and based on current information this trend is expected to continue into the future. Both the Federal and State Governments have policies to encourage increase visitor numbers.

8.3 To provide direction to Council, local communities and in particular the tourism and commercial operators within Kingborough, a strategy is required to identify existing issues and to respond to future challenges associated with the RV market.

9. RECOMMENDATION

MOVED SECONDED

That Council approve the development of a Recreational Vehicle Strategy for Kingborough to be funded from the Governance consultancy budget for 2016/17.

VOTING For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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Margate - "RV Friendly Town"

Proposal: 1) That Council allocate an appropriate amount of space within Dru Point Bicentennial Park for short term/overnight "free camping" for self-contained Caravans and Motor Homes. 2) Council arrange for a dump point at Dru Point Bicentennial Park for the use of the owners of self-contained RV's. 3) Council take the appropriate action to meet the guidelines of the Campervan & Motorhome Club of Australia to be endorsed as an "RV Friendly Town" and arrange signage to be erected at the approaches. On any given day there is a constant stream of caravans and motorhomes passing through Kingston and Margate. This has been particularly noticeable since Tasmania began to experience the current tourist boom. These vehicles are most noticeable, passing through Margate for four to five months of the year. On peak days it would not be unreasonable to estimate one hundred vehicles per day. Unfortunately the nearest appropriate overnight stop locations are Hobart Show ground and Councils' own site at Gordon. Facilities on Bruny Island are limited to the Captain Cook Holiday Park and a dump point at Alonnah. On the other hand the Huon area provides numerous sites such as Franklin, two sites at Geeveston, Shipwrights Point Port Huon etc.

With the exception of the BP Service Station (while purchasing fuel only) owners of these vehicles have extreme difficulty finding a parking spot anywhere near shops on the Channel Highway at Margate. There is also no provision for caravan/RV parking in the vicinity of any of the three shopping centres in Kingston. With the absence of any reasonable parking, most drivers will by-pass these centres.

It is important to recognise that there are two distinct markets for holiday campers. The traditional Caravan Park (Snug) provides for people requiring onsite cabins and for owners of caravans and rental campervans which are not fully self-contained. This includes families who are attracted by the playground equipment and the facilities offered. The typical over-night cost for a powered site at most caravan parks is in the vicinity of $30 to $40. Most owners of modern self-contained vehicles have very little need for the facilities such as jumping castles, shower facilities, laundry, toilets, camp kitchen etc. offered by caravan parks. They covered this when they spent their $50k to $150k at the time they purchased their RV. Most owners of these vehicles gravitate to what is called "free camping" locations where they can pay a nominal amount $0 to $15 per night for short term/overnight camping. Where towns do not offer appropriate "free camping" sites owners of self-contained vehicles will not stop, they drive through, looking for an appropriate overnight stop. Unfortunately, the Kingborough Municipality has only one "free camping" location, located at Gordon which is far from any shops or facilities.

The owners of these RV's are usually couples, often retired, usually cashed up. Some are permanent travellers, having sold their home. They often spend the whole year on the road. While they do tend to spend much of their time at more remote locations, they do expect to be able to stop at shopping centres to stock up on supplies and spend time in towns which have shops, bakeries, coffee shops, hotels, bottleshops, fuel and attractions. Towns which do not cater for these travellers miss out on this opportunity.

Towns which do it well: Stanley. At the recreation ground. Smithton. Adjacent to Tall Timbers. Geeveston. Beside the RSL and at Huon Councils' Heritage Park.

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Sorell. Adjacent to the recreation ground. Campbell Town. Near the Red Bridge. Gordon. At the recreation ground. Oatlands. Near Lake Dulverton. Forth. On the recreation ground. Devonport. Girdleston Park A number of privately operated "free camping" locations make their space available to attract additional business: Dunalley Hotel Rocky Cape Hotel Triabunna Hotel Oyster Cove Inn at Kettering does cater for a small number.

There are many more free camping sites, usually located adjacent to small towns which recognise the business opportunities. In many towns these sites co-exist with caravan parks. As a general rule in Tasmania and Mainland States, the smaller towns do it better. Some larger towns do not recognise there are two entirely separate markets. Councils make an ill-conceived and unwarranted attempt to protect caravan parks at the expense of other businesses in their town. Expecting traditional caravan parks to cater for self-contained RV's could be compared to expecting 4 star hotels to cater for backpackers. To do this would undermine and devalue their primary business.

Kingborough Council and shopping centres appear to take minimal action to encourage Caravan & RV owners to the Municipality: The only public RV dump point within Mainland Kingborough with good access is located at Gordon. The public dump point behind the Kingston Gateway shopping area is at best difficult to access and impossible to enter with a towed vehicle. There is also no adjacent parking available of sufficient size. (Huon has five public dump points) There is no Visitor Information Centre or Locality Guide for tourists in the Margate/Kingston area. (Huon and Hobart both have Visitor Information Centres. The only public "Free Camping" site in the Municipality is located at Gordon. (Huon has at least five). It is virtually impossible for a caravan owner to find appropriate parking in the vicinity of Kingston Plaza, Channel Court or Kingston Town shopping centres.

Bruny Island has its own significant infrastructure/facility problems and has no public "Free Camping" areas. A site in Margate would be convenient for caravan owners wishing leave their van (to avoid the cost of the ferry) and make a day trip to Bruny Island. Kingborough Council have elected to change their marketing approach and no longer be aligned to Huon. While this may be an appropriate move, it is of no value if nothing is done to create a more welcoming environment for caravan and motorhome tourists. Currently all available overnight spots except Gordon have "no camping signs: Taroona Park, Tinderbox, Trail Bay, Dru Point etc. Despite this many caravan/motorhome owners still choose to overnight park as opposed to camping.

To create a short term park area for self contained vehicles on the under-utilised grassed area to the left of the entry at Dru Point would require only minimal infrastructure: Move the entry gates back to allow 24 hour access to the park area. This would also be an advantage for those boat owners who currently have daylight hours use only. Provide a public dump point for "grey and black water" adjacent to the existing sewerage infrastructure. The CMCA may provide sponsorship (supply the unit) with a value of approximately $1800. Drinking water is no doubt already available.

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That section of the park area would need to be dog friendly. A toilet block nearby is an advantage but not entirely necessary. Electric barbecue would be a luxury. Payment (say $10) could be made by an honour system similar to that used at Gordon. Caravan/motorhome owners could co-exist with the current trailer overflow, but the area would no doubt need to be expanded. By having responsible tourists on hand, security for the area in general would no doubt be enhanced.

Ps. I have subsequently been advised that Channel Heritage Museum are authorised to promote their location as a "tier two" information centre whereby they can display a white "I" rather than a blue "I" which is the fully trained and equipped advisory service. But Typical of the attitude in the area, the equipment is stashed away in a back room, not on display and the "I" Information sign is nowhere to be seen.

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THE KEY FACTS

The CMCA Park Project is a new accommodation concept for self-contained RV tourists who are members of the Campervan & Motorhome Club of Australia Ltd (CMCA). CMCA RV parks are low cost, member only, no frills managed RV accommodation facilities and do not operate commercially.

CMCA is recognised by the Federal Government as a not-for-profit association and a tourism promotion organisation.

In essence a CMCA RV Park is on land owned or leased by the CMCA with:

Approximately one hectare of flat ground. Space for 20 to 40 RV’s. A dump point with a wash down tap, with potable water taps around the site. One (1) powered site for the 24/7 volunteer custodian. A shelter shed for gatherings and an assembly point. Access only available to CMCA members whose vehicles meet the CMCA Self-Contained Vehicle Policy. All maintenance costs including grass cutting and rubbish collection met by CMCA. An administration/booking fee of $3 per person or $6 per vehicle, per night.

The infrastructure development consists of:

Access and roadways into and in the park, as required. Fences or bollards to restrict access to the main gate. The main gate and signage. The dump point and wash down tap. Potable water taps as required around the site.

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All infrastructure development is organised and funded by the CMCA. Based on our experience this cost will vary depending on the site, but we expect development costs generally to be in a range of $50,000 to $100,000

CMCA will consider purchasing or leasing any suitable land, however we see mutual opportunities and benefits in partnering with local councils.

When viewed from a council perspective it should be noted that:

CMCA seeks no financial or in-kind support from councils to develop the RV Park network. The lease of council land should be on the same basis as any other not for profit community association, such as a bowling club, pony club or the like. The CMCA will pay rates on the site. There is no cost to the council with all infrastructure developed and paid for by the CMCA. All maintenance is managed and paid for by the CMCA. All CMCA seeks from council is advice and support for any development application, or other local or State government approvals. It is an arms length financial arrangement with no hint of the council giving the CMCA a financial advantage. A CMCA RV Park will increase RV tourism to the area and increase the tourism spend with local businesses. Although access is restricted to CMCA members, any owner of an RV can join the CMCA. As the current annual subscription is $44, from a practical point of view any self contained RV owner can use a CMCA RV Park.

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CMCA RV Parks

Project Overview

March 2015

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CMCA RV Parks

Contents

1 Project Overview ...... 2 1.1 CMCA Goal ...... 2 2 Business Objectives ...... 2 2.1 The Challenge ...... 2 2.2 The Solution ...... 3 3 The Project ...... 3 3.1 Project goals ...... 3 3.2 CMCA Project benefits ...... 3 3.3 Local Government Project Benefits ...... 4 3.4 Project Deliverables ...... 4 3.5 Property Acquisition ...... 4 3.5.1 Required/preferred property attributes ...... 5 4 Risk Management ...... 5 5 Costs/revenue ...... 6 6 Implementation...... 6 6.1 Stage I - Trial sites ...... 6 6.2 Stage 2 - Annual Acquisition & Development Plan ...... 6

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Council Agenda No. 8 Page 149 Monday 9 May 2016 1 Project Overview

The Campervan & Motorhome Club of Australia Ltd (CMCA) is undertaking the development of member only recreational vehicle (RV) parks, specifically targeted to self-contained RVs, as defined under the Club’s Self Contained Vehicle Policy. The development of these RV parks will provide a safe, low-cost and environmentally responsible accommodation options for all owners of self- contained RVs including motorhomes, camper vans, caravans, fifth Wheelers, slide ons and camper trailers and the like. This project will deliver a clear and exclusive member benefit that will differentiate CMCA from all other RV clubs in Australia.

CMCA seeks to emulate the NZMCA model by offering unique accommodation benefits to RV travellers and unite the self-contained RV traveller market under one organisation.

1.1 CMCA Goals

Develop an Australia-wide network of member-only CMCA RV parks that deliver an integrated network of environmentally friendly, world-class RV accommodation facilities to meet the needs of CMCA members with Leave No Trace® certification.

Develop key RV tourism infrastructure that will allow CMCA to partner with state tourism organisations and Tourism Australia to promote Australian RV tourism to intrastate, interstate and international markets.

2 Business Objectives

2.1 The Challenge

The number of caravan parks in Australia is declining at an average rate of 13 per year with caravan park accommodation being further reduced by ongoing moves to convert current unpowered sites to fixed accommodation. Further to this, property upgrades combined with increases in rates, insurance, electricity and other charges make it no longer commercially feasible for many of these the last accommodation suitable for self-contained within the caravan park network.

The growth in sales of campervans and motorhomes in Australia is being significantly outstripped by the growth in caravans with on-board shower, toilet and fresh water tanks. The BDO Caravan and Campervan Data Report 2014 suggests a significant majority of RVs sold in 2012 were caravans between 1.6 and 3.0 t, vehicles most likely to have on-board toilet and fresh water tanks and therefore able meet the criteria of CMCA Self Contained Vehicle Policy. It is relatively easy to upgrade these vehicles with either inbuilt or external grey water tanks and this can be undertaken either on purchase or aftermarket. While self-containment was unique to motorhomes and campervans a decade ago, this facility is now found on a wide range of RVs including camper trailers, caravans and 5th wheelers.

It is estimated there are at least 150,000 RVs registered in Australia that either meet the criteria of CMCA Self Contained Vehicle Policy or have the potential to do so. Self-contained RV tourists are generally environmentally responsible travellers who take pride in the self-sustaining capacity of their vehicles and their ability to leave nothing behind but tyre tracks. Through a network of CMCA

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Council Agenda No. 8 Page 150 Monday 9 May 2016 RV parks, self-contained RV travellers will be able to minimise their accommodation costs while maximising the environmental advantages of their vehicles. This will allow members to engage socially and financially with the local communities they visit.

The challenge for CMCA is to unite these like-thinking tourists through the provision of a comprehensive network of CMCA RV parks, in partnership with local government, and deliver quadruple bottom line benefits to local communities.

2.2 The Solution

State governments are changing policies to support the development of basic camping options to meet the needs of self-contained RVs. These policy changes are in turn freeing up local government to explore new opportunities to develop RV tourism. CMCA seeks to partner with local government to either lease existing camping grounds or establish new RV parks on land leased from them. Where suitable property is not available through leasing, CMCA will consider purchasing freehold property. Developing CMCA RV Parks will provide low-cost accommodation for self-contained CMCA member vehicles and a strong incentive for any owner of a self-contained vehicle to join the Club.

CMCA is in a unique position to establish member only RV parks due to: Significant funds on hand to lease and develop, or where needed purchase, properties as basic RV parks. A large, geographically diverse membership base able to provide advice and support to the property acquisition process. A network of State Representatives liaising with State and local government A Board committed to developing significant member benefits and through these, growing the membership base. The skills, experience and capacity of senior management.

3 The Project

3.1 CMCA Project goals

1. To establish a minimum 100 RV parks by 2019 2. To make CMCA RV parks the most environmentally friendly drive tourism accommodation 3. To promote the CMCA RV parks as a key club benefit that drives membership growth to over 50,000 vehicles by 2019

3.2 CMCA Project benefits

1. CMCA membership growth 2. CMCA property portfolio 3. CMCA a major RV accommodation supplier 4. CMCA an inbound tourism supplier 5. Greater recognition and support of CMCA by Federal and State government 6. Significantly increased CMCA brand equity

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3.3 Local Government Project Benefits

The project will deliver quadruple bottom line benefits to partner councils including:

1. Development of a sustainable, eco-friendly tourist facility, delivering the lowest greenhouse gas emissions of any type of tourist accommodation. 2. Onsite custodian to ensure RV Park users meet CMCA Leave No Trace® standards, along with any lease or other Council requirements. 3. No management costs or Council staff tied up in overseeing compliance, bookings or collecting fees. 4. No maintenance costs or costs for upgrades and improvements. 5. Access to CMCA volunteers for events and community projects. 6. Direct return to ratepayers through rates and lease payments. 7. Indirect return to ratepayers through purchases from local businesses by CMCA members using the RV Park. 8. Direct benefits to local businesses through increased tourism spend. 9. No competition policy or compliance issues with caravan park operators. 10. Privately operated, members only, non-commercial camping ground for self-contained RVs with any self-contained RV owner able to join the club by phone or Internet. 11. A sustainable, long-term tourist facility linked into a national tourist accommodation network and supported by national and international promotion through marketing activities of CMCA and its partners.

3.4 Project Deliverables

1. RV parks of a quality and style that are acceptable to the majority of CMCA members wanting basic camping options. 2. A set of strategies to guide camping ground acquisition and development processes that maximise user benefits and minimise cost and risk issues. 3. A comprehensive, Australia-wide network of RV parks that provides CMCA members accommodation options at most frequented locations. 4. Leases on of either public or private land, or where leasehold options are not available purchase freehold land, on which to establish RV parks. 5. An integrated and consistent RV accommodation product that can be marketed internationally, particularly to members of RV clubs elsewhere in the world. 6. A cost efficient online booking, payment to support access and use of CMCA RV parks. 7. Active and consistent promotion of the CMCA camping ground network across a range of media, to attract new members and retain existing members. 8. Ongoing management and maintenance of RV parks. 9. Training and scheduling of camping ground caretakers, where required. 10. Management and maintenance of payment and booking system. 11. Ongoing liaison with councils and other stakeholders to support established RV parks.

3.5 Property Acquisition

Property acquisition will be guided by a Property Acquisition Strategy document that will outline the key set of strategies to underpin property acquisition activities. These strategies will help determine

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Council Agenda No. 8 Page 152 Monday 9 May 2016 preferred location, size and type of properties along with timeframes and growth requirements on a State by State basis. This strategy document should be finalised in early 2015.

Property acquisition will take place either through working with local real estate agents to identify appropriate land available for lease or purchase or liaison with councils. Where possible, CMCA will seek to lease property on long-term commercial leases and where suitable leasehold property is not available, purchase freehold property.

CMCA will initially seek to access its RV Friendly Town™ network and negotiate to lease the existing camping ground where these meet the required property attributes. This will guarantee these towns long-term RV Friendly status while relieving councils of the costs of management and maintenance.

3.5.1 Required/preferred property attributes

When identifying land for acquisition the following attributes will be considered:

a) Required (essential) attributes

1. In a safe and sustainable location 2. Provides ease of access for all vehicles including large motorhomes and fifth Wheelers 3. Access to potable water 4. Acceptably flat land of approximately 10,000m2 (approx. 40-60 vehicles) 5. Likely to receive all necessary consents and approvals 6. Adjacent to or within easy access of major roads or highways 7. Able to install a dump point at or within 200 m of the location 8. Fits with the long-term objective of an integrated national RV accommodation network b) Preferred (non-essential) attributes:

1. Away from residential neighbourhoods 2. Provide a tranquil and scenic setting 3. Adequate fencing 4. Reticulated sewerage 5. Water and electricity 6. Reasonable proximity to tourist and recreational attractions 7. Within reasonable walking distance of retail outlets

4 Risk Management

A full risk management plan with associated risk register will be developed for the project. Identified key areas of risk are:

Financial Risk - failure to meet funding, budgeting and financial reporting targets. Operational Risk - failure to meet implementation targets, identify appropriate properties for acquisition and develop these properties into usable and acceptable RV parks. Strategic Risk - inability to support targeted strategic outcomes for the project including RV park usage and membership growth Hazard Risk - failure to identify and mitigate hazards during the development of RV parks

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Council Agenda No. 8 Page 153 Monday 9 May 2016 5 Costs/revenue

Average establishment cost per RV park (including property purchase where required) = $50,000 Average RV park size = 50 vehicles Average RV park occupancy = 50% Average accommodation charge per person, per night = $3.00 Revenue per site = $50,000 Management/lease/maintenance cost per RV park = $42,000 These costings anticipate an average monthly operational cost $3,500 per site. These costs would include lease payments, rubbish removal, mowing and general maintenance, electricity and management. It is envisaged staff costs for management and administration will be allocated to overall operational costs. CMCA will aim to generate a small surplus from operating RV parks with this used for any further acquisition activity.

6 Implementation

6.1 Stage I - Trial sites

To initiate this process, the Board will approve the acquisition and development of four trial sites along the east coast to gain better understanding of the various issues involved in setting up member-only RV parks before officially launching a camping ground policy and strategy to members and the public. Learnings from these sites should help formulate acquisition, development and operational templates compatible with the legislative environments of each State. It will also help to develop an acquisition strategy to guide ongoing activities.

6.2 Stage 2 - Annual Acquisition & Development Plan

In tandem with the development of the initial trial sites, a plan for the ongoing rollout of CMCA RV parks will be developed following completed development of the trial sites and full analysis and documentation of this process.

This planning process will include an acquisition strategy aimed at focusing CMCA resources on targeting areas of highest demand and/or locations with the greatest potential to drive membership growth. This strategic approach to property acquisition will provide clear guidelines to CMCA State Representatives undertaking initial assessment of proposed properties and avoid any ad hoc acquisitions that do not support an integrated RV accommodation network.

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Recreational Vehicle (RV) Friendly Strategy

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Table of Contents 1 Executive Summary ...... 4 2 Industry Overview ...... 6 2.1 Importance of Tourism ...... 6 2.2 Traditional Caravan and Camping Market versus the Self Contained RV Market ...... 6 3 CMCA RV Friendly Schemes ...... 8

3.1 RV Friendly DestinationsTM ...... 9 3.1.1 Essential criteria: ...... 9 3.1.2 Desirable criteria: ...... 9

3.2 RV Friendly TownsTM ...... 9 3.2.1 Essential criteria: ...... 10 3.2.2 Desirable criteria: ...... 10 3.3 Leave No Trace® ...... 10 4 Situation Analysis ...... 11 4.1 Tourism Destinations in the Murray Considering RV Friendly Option ...... 11 4.2 Moira Shire’s Existing Caravan and Road Vehicle Accommodation Capacity ...... 11 4.2.1 Current Unauthorised Sites ...... 12 4.2.2 Current Authorised Sites ...... 13 4.3 Dump Points ...... 13 4.3.1 Dump Point Locations in Moira Shire ...... 13 4.3.2 Dump Point Installation Costs ...... 14 4.4 Long Vehicle Parking (day time) ...... 14 4.4.1 Long Vehicle Parking in Major Towns ...... 15 4.4.2 Long Vehicle Parking in Smaller Towns ...... 15 4.5 Potable Water ...... 15 5 RV Friendly Policies and Strategies for Other Councils ...... 16 5.1 Murray Region ...... 16 5.2 Other Rural Victorian Councils ...... 17 6 Challenges and Issues ...... 19 6.1 Dump Points ...... 19

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6.2 Short-Term Parking Locations ...... 19 6.3 Long Term Parking/Camping: ...... 19 6.4 Regulatory Requirements ...... 20 6.4.1 Moira Shire Council’s Recreation Reserves Local Law 2009 ...... 20 6.4.2 Moira Shire Council’s Community Safety & Environment Law ...... 20 6.4.3 Competitive Neutrality Policy ...... 20 6.4.4 Residential Tenancies Act 1997 ...... 21 6.5 Risk Management ...... 21 6.6 Environmental Management ...... 21 7 Discussion ...... 21 8 Action Plan ...... 22 8.1 Endorse and Promote Moira Shire as an Attractive RV Friendly Shire ...... 23 8.2 Transition from 4 RV Friendly Towns to an RV Friendly Shire ...... 23 8.3 Transition to Commercially Managed Dump Points ...... 23 8.4 Decommission Council managed dump points ...... 24 8.5 Develop RV Friendly Long Term Parking Sites ...... 24 8.5.1 Tungamah ...... 25 8.5.2 Yarroweyah ...... 25 8.5.3 Picola ...... 25 8.5.4 Wunghnu ...... 25 8.5.5 Forges Beach ...... 25 8.6 Commit resources to enforcement ...... 27 8.7 Encourage local businesses to become CMCA RV Friendly Destinations ...... 27 8.8 Provide long-vehicle parking close to shopping precincts ...... 27 8.9 Offer access to potable water from designated locations ...... 28 8.10 Provide new signage ...... 28 8.11 Establish Economic Data and Visitor Profile of RV Market ...... 23 9 RV Friendly Shire Map ...... 30

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1 Executive Summary Moira shire Council wants to be an Recreational Vehicle (RV) Friendly Shire and seeks to proactively encourage greater visitation and economic impact from this niche tourism market.

Tourism is an important contributor to the local economy in Moira Shire Council with around 900,000 visitors coming to the region annually. The tourism industry makes a considerable contribution by bringing new dollars into the region that directly spent on a wide range of services from accommodation, restaurants and attractions to the retail sector.

The traditional caravan and camping market represent an important component of the tourism mix in Moira Shire with caravan parks and commercial camping grounds being the second most popular type of accommodation for domestic overnight visitors. In total, there are 22 caravan parks registered in Moira Shire offering a total of 1,010 cabins and 1,450 powered/unpowered sites.

A new market has developed; the self-contained RV market that covers visitors travelling with caravans, campervans and/or motorhomes, but does not necessarily require the facilities of commercial caravan parks and camping grounds. This market require only access to potable water, dump points and a place to stop and camp overnight legally.

Research has shown that the self-contained RV market has the potential to generate economic activity with an average weekly spend of $500 and an average of 163 days of travel annually. Some RVers will only stay in commercial caravan parks, other RVers will never stay in commercial caravan parks and some RVers will stay in a mixture of commercial and non-commercial caravan parks and camping grounds.

The self-contained RV market represents a growing but lower yielding market that should be considered in Moira Shire’s tourism offering, but should not detract from the traditional caravan and camping market.

In 2007 The RV Friendly schemes (i.e. RV Friendly Destination and RV Friendly Town) was established by the Caravan Motorhome Club of Australia (CMCA) with the purpose of assisting regional areas to attract RV tourists and provide a network of RV friendly sites throughout Australia. Specific criteria apply to each of these schemes.

Moira Shire Council currently has four RV Friendly Towns (i.e. Yarrawonga, Cobram, Nurmukah and Nathalia), but is looking to take a shire-wide approach to being RV Friendly.

There are a number of issues relating to the provision of free dump points and low cost or free camping that must be considered, including management and maintenance of dump points, enforcement and policing, cost of water/power, noise, risks and insurance, application and adherence to regulatory requirements.

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Taking into the consideration the range of challenges and issues, Moira Shire Council’s vision is to become an RV Friendly Shire.

To achieve the vision of becoming an RV Friendly Shire, Moira Shire Council will have to implement the following actions:

Endorse and Promote Moira Shire as an Attractive RV Friendly Shire Establish Economic Data and Visitor Profile of RV Market Transition to Commercially Managed Dump Points Trial the continuation of Council managed dump points Develop RV Friendly Low Cost Overnight Sites in smaller towns and surrounds Trial RV Friendly Low Cost Overnight Sites in major towns Commit resources to enforcement Encourage local businesses to become CMCA RV Friendly Destinations Provide long-vehicle parking close to shopping precincts Offer access to potable water from designated locations Provide new signage

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2 Industry Overview

2.1 Importance of Tourism Tourism is an important contributor to the local economy in Moira Shire Council. The tourism industry makes a considerable contribution by bringing new dollars into the region that are directly spent on a wide range of services from accommodation, restaurants and attractions to the retail sector. Then there are the indirect and flow-on effects from tourism in Moira Shire.

The tourism sector in Moira Shire currently contributes: $95.504 million (3.7 %) of total output 580 jobs (6.3 %) to total employment $22.335 million (4.5 %) of total wages and salaries $43.417 million (4.1 %) of total value-added Source: These figures are derived from economic modelling by REMPLAN for July 2014 based on the following sources of data: 2012-13, Australian Bureau of Statistics (ABS), Tourism Satellite Account.

For the year ending March 2015, Sun Country on the Murray1 received close to 900,000 visitors of which 525,000 were domestic overnight, 365,000 domestic day visitors and 5,200 were international visitors. Domestic visitors (day and overnight) spent an approximately $320 million in the region. International visitor expenditure in the region is considered statistically unreliable for the year ending March 2015.

After ‘friends or relatives property’ (40.3%), ‘caravan parks and commercial camping grounds’ represent the second most popular type of accommodation for domestic overnight visitors, with 15.3 per cent of the overnight domestic visitors staying at this type of accommodation. The caravan and commercial camping grounds do not rank highly with international visitors.

Moira Shire Council seeks to strengthen Moira’s tourism offer through the development of a destination management plan (DMP) and advocacy and support for the development of key tourism assets in the region.

2.2 Traditional Caravan and Camping Market versus the Self Contained RV Market As highlighted in the above section, the typical caravan and camping market represent an important component of the tourism mix in Moira Shire. Nevertheless, an opportunity also exists to tap into the self-contained RV market.

1 For the statistics reported, the Sun Country region includes Yarrawonga, Mulwala, Cobram, Barooga, Numurkah, Barmah, Nathalia, Tocumwal, Finley and Berrigan.

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The traditional caravan and camping market covers visitors that travel with tents or vehicles such as caravans, campervans and motorhomes that can either be self-contained or not self-contained that stay in commercial caravan and camping grounds.

The self-contained RV market covers visitors that travel with caravans, campervans and/or motorhomes, but does not require the facilities of commercial caravan and camping grounds. This newer generation of RVers are seeking an experience that offers freedom of choice along with new options to satisfy their needs. In other words, the self-contained RVers are capable of being independent for up to a week and enjoy the freedom of stopping whenever and wherever they want. They require only access to potable water, dump points and a place to stop and camp overnight legally.

Nationally, the interests of businesses associated with the caravan and camping market is represented by the Caravan Industry Association of Australia (CIAA). The CIAA is the national peak body for the Australian caravan and camping industry representing over 4000 industry businesses ranging from caravan parks, manufacturers and retailers of industry products, suppliers of goods and services, and service providers.

In Victoria the traditional caravan and camping market is also represented by the Victorian Caravan Parks Association (often referred to as VicParks) and other relevant industry associations. The Victorian Caravan Parks Association was formed in 1964 to protect, promote and advance the caravan park industry. VicParks represents the interests of the commercial caravan and camping grounds.

In Victoria the self-contained RV market is also represented by the Campervan and Motorhome Club of Australia. The Caravan Motorhome Club of Australia (CMCA) is the peak body for the RV market. It was established in 1986 and currently represents more than 65,000 members.

Being a relative new and growing market, research for the self-contained RV market is not yet covered through formal research channels, such as the traditional caravan market that is represented in our national and international visitor surveys conducted by Tourism Research Australia. However, research conducted by the CMCA indicates that the RV market has potential to generate economic activity with the average weekly spend of RV tourists when travelling is around $500. This is generally spent on:

Fuel $210 Expenses $160 Repairs/maintenance $25 Site fees $51 Other $46

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What is particularly important to note is that the RV tourists spends around 163 days travelling annually and on average spends three days at each stop that they make. The replenishment cycle of the RV tourist mean that generally RVers will stock up on day 1 (fully stocked vehicle), day 2 (need to stock up with fuel and basics), day 4 (need to stock up with more basics) and day 7 (full replenishment of groceries and vehicle needs).

Research conducted by CMCA of their 65,000+ members have also shown that of the RV market: 33% will only stay in a commercial caravan and camping grounds; 16% will only stay in RV friendly site (i.e. non-commercial sites only); and 51% will stay in a mixture of commercial and non-commercial caravan and camping grounds.

The following provide an overview of research considering the pros and cons of RV Friendly:

The 2013 Caravan Motorhome Club of Australia The 2012 Caravan and Road Vehicle (CMCA) snapshot report highlights the growth Accommodation (CRVA) snapshot report and value of the RV market highlights the commercial and non-commercial camper spend patterns Around 500,000 RVs registered in Australia Commercial campers create $5.4 billion of RV market is worth $6.5 billion a year to the economic activity a year in Australia – with Australian economy 90% of direct expenditure ($2 billion) spent The RV market spend on average in regional areas. expenditure of $500-$900 per week Commercial campers’ average expenditure is The RV market is a growing market due to $576 per location (excl. accomm. cost) vs. baby boomers $213 non-commercial campers. The average 34% of the RV market stay in caravan parks – daily spend for a commercial camper is only 16% of the RV market will only stay in around $73 versus $53 for a non-commercial non-commercial accommodation camper. 50% use a mix of commercial and non- Commercial campers on average stay longer commercial accommodation.

The RV market represents a growing tourism market that should be considered in Moira Shire’s tourism offering, but should not detract from the traditional caravan and camping market.

3 CMCA RV Friendly Schemes The RV Friendly schemes were launched by the CMCA in 2007. The purpose of the RV Friendly Schemes was to assist regional areas to attract RV tourists and provide a network of RV friendly sites throughout Australia as a service to their club members.

The RV Friendly Schemes identify common criteria that are appealing to the RV market and which will help encourage short stays within the communities or destinations that enter into the scheme.

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There are two schemes:

1. RV Friendly Destinations 2. RV Friendly Towns

An RV Friendly Shire scheme has not yet been identified. We have discussed this with CMCA and they are welcoming Moira Shire Council to take an RV Friendly Shire approach where Council can promote to RVers that we welcome them to the shire and identify the relevant RV facilities. Macedon Ranges is one example of a local council that has recently taken an RV Friendly Shire approach to being RV Friendly.

The criteria for each of the existing schemes have been outlined below.

3.1 RV Friendly DestinationsTM An RV Friendly Destination™ is often a small town, club, oval, showground, scenic attraction or business that is not able to meet the full criteria of the CMCA RV Friendly Town™ program. Councils, progress associations and businesses can apply to participate by completing an application form, which is available from the CMCA National Headquarters.

3.1.1 Essential criteria: Provision of short term, low cost overnight parking (24/48 hours) for self-contained RVs. The parking area needs to be on a solid, level surface. There must be enough room for large vehicles to manoeuvre.

3.1.2 Desirable criteria: A waste water dump point. Potable water. Longer term parking.

CMCA will offer RV Friendly DestinationsTM specified signage at cost price plus promotion of the destination on the Club website (subject to terms and conditions).

In Moira Shire, the following RV Friendly Destinations are:

Wakiti Creek Resort; and The Big Strawberry

With the appropriate Council permits in place, other businesses could be encouraged to enquire

about joining this RV Friendly DestinationTM scheme.

3.2 RV Friendly TownsTM

An RV Friendly Town™ is a town that has met a set of guidelines to ensure they provide a certain amount of amenities, and a certain level of services for these travellers. When RV tourists enter a

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town displaying the RV Friendly Town sign, they know they will be welcome, certain services will be provided for them that may not be available in other centres, and they will have access to a safe place to stay overnight, and possibly for a longer period.

3.2.1 Essential criteria: Provision of appropriate parking within the town centre, with access to a general shopping area for groceries and fresh produce. Provision of short term, low cost overnight parking (24/48 hours) for self-contained RVs, as close as possible to the CBD. Access to potable water. Access to a free dump point at an appropriate location.

3.2.2 Desirable criteria: Provision of long term parking for self-contained RVs. Access to medical facilities or an appropriate emergency service. Access to a pharmacy or a procedure to obtain pharmaceutical products. Visitor Information Centre (VIC) with appropriate parking facilities. VIC to provide a town map showing essential facilities, such as short and long term parking areas, dump point and potable water. RV Friendly Town™ signs to be erected within the town precinct.

The CMCA provides the participating Council with two signs advertising the RV Friendly TownTM and promotion of the town on the Club website (subject to terms and conditions). The CMCA signs are not compliant with VicRoads standard signage.

Moira Shire Council currently has four RV Friendly TownsTM including Yarrawonga, Cobram, Numurkah and Nathalia.

3.3 Leave No Trace® The CMCA recognised that one of the great advantages of travelling in a self-contained vehicle is having the luxury to be able to stop at remote and regional locations, with no facilities, and become immersed in the tranquillity.

The CMCA wants to secure the opportunity for freedom camping and have established a code of conduct for their members titled the Leave No Trace® Program, which was introduced in 1994.

The program demonstrates to all levels of governments that self-contained vehicles do not necessarily have a negative impact on the environment, even if the campsite does not have any facilities. Under the Leave No Trace program, RV users adhere to strict guidelines relating to the vehicle’s capacity for holding fresh, grey and black water allowing Councils to give access to controlled areas for RV self-contained users.

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4Situation Analysis

4.1 Tourism Destinations in the Murray Considering RV Friendly Option Moira Shire Council is not the only council in the Murray Region and Victoria to consider the RV Friendly tourism options. Many towns in the Murray Region are considering or have become RV Friendly Towns under the guidelines set out by the CMCA.

Considering the issues that it creates for commercial caravan parks, The Murray Regional Tourism Board (MRTB) indicates in their Destination Management Plan that a strategic approach to RV Friendly Towns and the provision of RV infrastructure is required.

The MRTB recommends that only towns without caravan parks and existing visitor demand should consider becoming RV friendly: other locations should consider providing RV facilities on a commercial basis, typically within existing caravan parks (MRTB DMP, p. 39).

It is recommended that this regional tourism strategy is considered in the development of Moira Shire’s RV Friendly Strategy and implementation of such.

4.2 Moira Shire’s Existing Caravan and Road Vehicle Accommodation Capacity Moira Shire is rather unique in terms of its existing caravan and road vehicle accommodation capacity. Many councils in Victoria do not have the same existing capacity that Moira Shire Council does.

In Moira Shire there are currently 22 operational caravan parks on offer across the towns of Barmah, Bathumi, Bundalong, Cobram, Kanyapella, Katamatite, Koonoomoo, Kotupna, Nathalia, Numurkah, Strathmerton and Yarrawonga. Of these 22 caravan parks, four (4) are council owned but managed through a Committee of Management. We have no community parks in Moira Shire.

Across these 22 caravan parks, there are a total of 1,010 cabins and 1,450 powered/unpowered sites. The sites vary in size and further investigation is necessary to identify the capacity to cater for large scale RVs.

Prices in the commercial caravan parks although varying are approximately between $30-$35 per night, increasing up to $50 during holiday periods; cheaper for non-powered and chain member discounts. Member discounts are usually a percentage with a maximum discount of $40.00

The 22 caravan parks that are registered with Moira Shire Council include:

Apex Caravan Park Barmah Camping Pty Ltd Caravan Park

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Bundalong Holiday Park Coach Stop Caravan Park Cobram East Caravan Park Cobram Oasis Tourist Park Cobram Willows Caravan Park Green Palms Caravan Park Jelara Caravan Park Katamatite Caravan Park Murray Perch Caravan Park Murray River Hideaway Holiday Park Nathalia Motel & Holiday Park Numurkah Caravan Park RACV Cobram Resort River Bend Caravan Park Riverbank Caravan Park Time Out Holiday Resort Wakiti Creek Resort Yarrawonga Holiday Park Yarrawonga Westside Caravan Park Skiland Motel Pty. Ltd.

There is also a wide range of vehicle dispersed camping opportunities in the parks and forests of our shire. These sites are too many to list. Areas where such dispersed camping options can be found include but is not limited to:

Barmah National Park; The Murray River Reserve; Cobram Regional Park; Yarrawonga Regional Park; and Warby-Ovens National Park.

4.2.1 Current Unauthorised Sites There are areas within Moira Shire Council that currently has camping occurring on an ad hoc basis, which Council’s Local Laws Officers from time to time receive complaints about. Some sites include:

Thompsons Beach, Kennedy Park Cobram Showgrounds, Cobram Showgrounds, Yarrawonga Showgrounds, Numurkah Lions Park, Numurkah Murray Valley Highway, Strathmerton

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West Rest Area, Yarrawonga Rest Area, Bundalong Truck Stop, Wunghnu

Increasing the awareness of RV Friendly sites and facilities will assist to limit the inappropriate usage of unauthorised sites and lessen the burden on our Local Laws Officers.

A clearer promotion of where the RV Friendly facilities and sites are will direct RVers to the appropriate sites and may offer opportunities for promotion of commercial caravan and camping grounds within the shire.

4.2.2 Current Authorised Sites There are currently no Authorised Sites.

4.3 Dump Points A dump point is a properly designed facility allowing RVers to dispose of grey and black water, as well as sewage waste. Dump points need to be installed as low to the ground as possible to allow discharge from a vehicle by gravity. Dump points are usually connected either directly to the sewage system or to a septic tank. Dump points also need to be placed in a position that allows access to large vehicles up to 19.5 metres in length.

The purpose of providing easily-accessible dump points is to encourage more self-contained tourism throughout Australia, benefiting both regional and rural centres, and the environment.

4.3.1 Dump Point Locations in Moira Shire Over 300 public dump points have been installed throughout Australia under the dump point subsidy scheme organised by the CMCA.

In Moira Shire, there are five dump points managed by Council and a range of dump points located within caravan parks. The following provide a list of dump points in Moira Shire:

Showgrounds, Numurkah Showgrounds, Yarrawonga Showgrounds, Cobram Murray Valley Highway, Strathmerton Weir St, Nathalia

The following commercial dump points also exist in Moira Shire:

Yarrawonga Holiday Park, Yarrawonga x 2 - For guests only Bundalong Holiday Resort, Bundalong - For guests only Murray River Hideaway, Strathmerton (septic tank) Nathalia Motel & Holiday Park, Nathalia - For guests only

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Oasis, Cobram – $5 dollar user charge RACV, Cobram – For guests only River Bank, Nathalia – For guests only Time Out Holiday Park, Koonoomoo (currently installing) – would allow user charge Wakiti Creek, Kotupna – would allow user charge

The following caravan parks would allow usage by RVers either for free or at a charge if they had a dump point installed:

Barmah Numurkah Caravan Park, Numurkah Cobram East Caravan Park, Cobram Willows, Cobram Westside Creek, Yarrawonga– need more information

The Westside Petrol Station in Strathmerton has also expressed an interest in allowing usage by RVers either for free or at a charge if they had a dump point installed. The Westside Petrol Station is open 24 hours, seven days a week.

4.3.2 Dump Point Installation Costs Under the RV Friendly scheme, CMCA/KEA Campers provide selected councils with a dump point for installation at a suitable public site, such as a community facility or rest area. The subsidised dump point must be provided free of charge as a public facility and be available for use, at the minimum, during normal daylight hours. Subsidised dump points will display a small stainless steel plaque (supplied by CMCA) acknowledging the contribution of CMCA and KEA Campers.

Although CMCA under their RV Friendly Town Scheme can provide the actual dump point free of charge, the installation of the dump point can be costly. All dump points need to be connected to the local sewerage system and depending on the location can cost up to $15,000 to install.

4.4 Long Vehicle Parking (day time) One of the essential criteria of the RV Friendly Town scheme is to provide appropriate parking within the town centre, with access to a general shopping area for groceries and fresh produce.

Long vehicle parking bays are significantly longer than regular vehicle bays and allow for parking of caravans, motorhomes, boats and longer vehicles that can be otherwise difficult to accommodate.

The provision of long vehicle parking options within the major towns as well as smaller towns is crucial to ensure that the economic impact of RV tourism is felt locally.

Long vehicle parking options can either be line-marked designated long-vehicle parking or un- marked off the side of the street parking.

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4.4.1 Long Vehicle Parking in Major Towns Long vehicle parking is available un-marked or line-marked in the following locations within the four major towns of Yarrawonga, Cobram, Numurkah and Nathalia:

Punt Road , Cobram Behind Federation Park, Cobram Railway Station, Cobram Mivo Park, Cobram Blake St, Nathalia Weir Street, Nathalia Irvine Parade, Yarrawonga Hunt Street, Yarrawonga Hume Street, Yarrawonga Hovell Street, Yarrawonga Gilmore Street, Yarrawonga Melville Street Numurkah Knox Street, Numurkah

There may be further options for long vehicle parking that could be explored further, including but not limited to:

x Railway land at the end of Lott Street, Yarrawonga – this land is owned by VicTrack and not Council. In other words, this would either require VicTrack’s direct consent or the Committee of Management could apply for an extension of their lease of land near the Railway Station to allow Council to promote this location for parking.

4.4.2 Long Vehicle Parking in Smaller Towns Long vehicle parking is available un-marked in the following locations:

Lions Park, Tungamah Barr Street, Tungamah Swamp Road, Lake Rowan Hotchin Street, Katamatite Off Murray Valley Highway near Goughs Lane, Bundalong Off Murray Valley Highway, Strathmerton Wunghnu, by the creek Moran Street, Picola

4.5 Potable Water Access to potable water in Moira Shire will be from the following locations:

Cnr Barr Street and Tungamah Main Road, Tungamah Cnr Benalla - Tocumwal Road and Moore St, Katamatite

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Benalla-Tocumwal Road, Katamatite Blake Street, Nathalia Weir Street, Nathalia

Access to potable water may also potentially be provided from the same location as the commercial dump points. This will depend on the level of interest from the caravan parks to be part of such a packaged deal (i.e. dump your waste and fill up with potable water) at a minimal set fee.

5 RV Friendly Policies and Strategies for Other Councils RV Friendly policies and strategies vary between shires in Victoria depending on the features and needs of the differing regions.

5.1 Murray Region The following provide just a snapshot of the RV Friendly policies and strategies of other councils within the Murray Region (tourism region):

Albury City Council Albury City is RV Friendly but the shire does not have a specific RV Strategy. Albury City Council promotes one free dump site located within their Railway Precinct and one designated free camping site within the shire.

Gannawarra Shire Council Gannawarra Shire has three RV Friendly towns (i.e. Leitchville, Cohuna and Murrabit) and another two towns in the process of becoming RV Friendly (i.e. Kerang and Quambatook). Gannawarra Shire Council does not have a specific RV Strategy, but will be developing an RV Friendly Policy in the near future. Four free dump points are provided to RVs visiting the Gannawarra Shire. Gannwarra Shire Council is also planning to provide five short stay camping areas and already has an extensive range of longer term camping sites in the parks and forests managed by either Parks Victoria or the Department of Environment, Land, Water and Planning (DELWP).

Campaspe Shire Council Campaspe Shire has two official CMCA RV Friendly Towns (i.e. Kyabram and Lockington). The Campaspe Shire offers six dump points to RVers. Four dump points are free. Two dump points are located within Caravan Parks and are free to guests and $5 and $15 to non-guests. In terms of designated camping sites, Campaspe Shire offers one council operated free camping site with a stay limit of 28 days, two on Parks Victoria and GV Water sites and four in townships where camping fees are by way of a donation, plus innumerable other free-camping sites along the Murray River.

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Corowa Shire Council Corowa Shire is not RV Friendly under the CMCA scheme, but the shire does offer free dump points in all three towns (i.e. Corowa, Howlong and Mulwala). There are also a number of reserves where RVers can camp overnight at no cost (e.g. Kyffins Reserve, Wagon Wheel and Lions Park).

Berrigan Shire Council Each of the towns in Berrigan Shire now has a dump point accessible to all, including: Barooga, Berrigan, Finley and Tocumwal.

Deniliquin Deniliquin Shire is RV Friendly, but does not have a specific RV strategy. Deniliquin Council promotes its RV Friendly town (i.e. Deniliquin) with one free dump point and two free camping areas with a maximum stay of 48 hours.

Swan Hill Rural City Council There are two RV Friendly Towns (i.e. Nyah and Robinvale) within the boundaries of Swan Hill Rural City Council. The Council also offers three free dump points and one designated free camping site at the Nyah Recreation Reserve.

Wakool Shire Council The Wakool Shire may consider becoming an RV Friendly Shire and developing a specific strategy, as part of their process of reviewing all tourism strategies. There currently is one RV Friendly Town (i.e Moulamein). There are three dump points available across the Wakool Shire - one in Barham that is free for guests and with a fee for use of dump point only and two dump points in Moulamein that are both free. Multiple designated free camping sites are available from Campbell’s Island and Koondrook State Forest.

Wentworth Shire Council The Wentworth Shire is not RV friendly nor is any of its towns under the CMCA scheme. Wentworth Shire, however, does offer the following facilities for RVers visiting: a free dump point at the Wentworth Caravan Park; and two 48 hour free camping sites.

5.2 Other Rural Victorian Councils The following provide just a snapshot of the RV Friendly policies and strategies of other rural Victorian Councils:

Bass Coast Shire Council No RV strategy, but a number of dump points are located in commercial caravan parks.

Baw Baw Shire Council No RV strategy – the RV market is however recognised in their draft strategy.

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Glenelg Shire Council Provides free camping sites.

East Gippsland Shire Council East Gippsland Shire Council promotes four designated free rest areas and eight dump points.

LaTrobe City Council LaTrobe City Council does not have an RV Strategy and does not offer any public dump points or overnight parking facilities to cater for the RV market.

Macedon Ranges The Macedon Ranges has one RV Friendly Town (i.e. Kyneton) with overnight parking of up to 48 hours at the Kyneton Mineral Springs Reserve. A dump point is also made available at this location. RV parking is available in five towns (Kyneton, Woodend, Gisborne, Romsey and Lancefield).

Moyne Shire Council No free camping within the shire – Council owned caravan parks provide free dump points.

Wellington Shire Council Wellington Shire Council has five RV Friendly towns and locations, 11 dump points and promotes more than 50 free or low cost camping and short term overnight parking.

Shepparton City Council Shepparton City Council is not RV Friendly under the CMCA scheme and does not offer any designated free camping sites. They do however offer one free public access dump point, three dump points can be accessed at a fee within caravan parks and one dump point is offered for free within a business (car dealership). Shepparton City Council currently has established a working group to look into the topic of RV Friendly further.

Wangaratta City Council Wangaratta not RV Friendly under the CMCA scheme, but does offer seven designated free camping sites, a free dump point at Oxley Reserve and access to a dump point at a caravan park in Wangaratta (i.e. Painters Island Caravan Park) at a small fee ($5).

Benalla Rural City Council Benalla is not yet officially recognised by the CMCA, but has been working with the CMCA to achieve this. Although Benalla does not have a specific RV strategy, there is one free public dump point and five designated free camping sites within the shire.

Indigo Shire Indigo Shire is keen to demonstrate to the RV community that its towns embrace RVers and acknowledge their valuable contribution to regional economies whilst recognising that not all towns will be able to meet the CMCA RV Friendly Town/Destination criteria. Indigo Shire Council has

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developed an internal RV policy that clearly states Council’s policy on RV tourism. The policy outlines that RV facilities within major towns will exclude overnight parking and that dump points are provided within commercial caravan parks to RVers at a fee (token amount/$5).

6 Challenges and Issues Regardless of the RV market contributing to the local economy, there are a number of issues relating to the provision of free dump points and low cost or free camping that must be taken into consideration:

6.1 Dump Points The current location of three of the current council managed dump points in showgrounds is not ideal, particularly when users wish to use the dump points during sporting and other events.

As the dump points are connected to the sewage system, Council is required to sign a Waste Trade Service agreement with the local water board at a cost of $300 per year per dump point. This is due to the fact that the chemicals used in the black water holding tanks of RVs impede the natural processes of decomposition by either killing or retarding beneficial bacterial growth or may result in blockages of the discharge pipeline.

Under the Waste Trade Service agreement Council must ensure that the dump points are:

Locked when not in use; Supervised at all times when used - This is to ensure that the dump points are not misused and that the wrong waste is not dumped into the sewage system; and Record vehicle registration numbers and time/date of use.

All dump points are in locations that are not easily supervised. Finally, there is also the cost of ongoing maintenance of these dump points.

6.2 Short-Term Parking Locations To be an RV Friendly Town under the CMCA scheme, there must be short term (e.g. 15min – 8 hours) parking within the vicinity of the town. These need to be long enough to fit RV vehicles and brings with it the challenge of policing to ensure that the given time limits are adhered to.

6.3 Low Cost Overnight Parking: The low cost overnight parking (e.g. 48 hours) bring with it the following challenges and issues:

1) Enforcement - ensuring that RVers only stay for the permitted period of time; 2) Waste – dump points, contamination of dump points and general waste; 3) Water – potable water needs to be accessible to become RV Friendly – who bears the cost?; 4) Power – should this be accessible and who pays and how is the use otherwise prevented;

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5) Noise caused from increased traffic – will this affect the amenity of neighbouring residents?; 6) Competition to commercial businesses; 7) Risks and insurance – changes would be required to premium and coverage; 8) Current local laws do not allow for camping (except when linked to an event with a successful ‘hire of park/reserve’ application) – amendments would be required; and 9) Application – is this for RVers only or can all caravan’ers and campers use these facilities and sites. This raises the issue of being in competition with existing commercial caravan parks. On the other hand, not all commercial caravan parks can fit the very large motorhomes and RVs.

6.4 Regulatory Requirements If Council proceeds to become an RV Friendly Shire there are a number of legislative and policy implications, as follows:

6.4.1 Moira Shire Council’s Recreation Reserves Local Law 2009 Part 3, 12.1(d) of the Recreation Reserves Local Law outlines that no camping is allowed at a recreation reserve.

Clause 9, however, states that the Section 86 Committee of Management may issue a permit for an event. There is a process for hiring of a recreation reserve that needs to be followed in order for any permit to be successfully granted. The end decision for the approval of any application for hire of the reserves lies with the relevant Section 86 Committee.

In order for Council to provide camping facilities for RVers in Council’s Recreation Reserves, Council would have to amend this local law in order to allow camping (outside of permitted event) to be allowed in recreation reserves.

6.4.2 Moira Shire Council’s Community Safety & Environment Law Clause 2.16 of the Community Safety and Environment Law outlines that “A person must not, except with a permit, camp on any Council land, on any public land, or on any privately owned vacant land within the municipal district unless within a designated camping area.”

In order for Council to provide camping facilities for RVers on Council managed land, Council would have to amend this local law or on a case by case basis resolve to approve the erection of signage stating “free camping allowed” at the designated location(s).

6.4.3 Competitive Neutrality Policy As per the policy, “The objective of competitive neutrality is set out in Clause 3(1) of the CPA [read Competition Principles Agreement] as ‘the elimination of resource allocation distortions arising out of the public ownership of entities engaged in significant business activities: Government business should not enjoy any net competitive advantage simply as a result of their public sector ownership.

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These principles only apply to the business activities of publicly owned entities, not to the non- business, non-profit activities of these entities’.”

This means that if Council was to supply overnight camping facilities to the RV market as a significant business activity, Council would have to comply with the same regulatory environment that commercial caravan parks must comply with. This includes fire, safety and environmental regulations. Council would also be required to charge the true market value for the provision of such service and facility. The Emergency Management requirements can be particularly arduous.

Council is not proposing to engage in significant business activity through the delivery of the RV Strategy and therefore the Competitive Neutrality Policy does not strictly apply.

6.4.4 Residential Tenancies Act 1997 The regulations covering caravan parks set out the following requirements for operating a caravan park in Victoria:

Registration with local council and associated duties on owners; Fees for registration; Standards for fire safety and emergency management planning in caravan parks; Construction standards and installation requirements for movable dwellings in parks; and Standards for services and amenities and the maintenance of sites and dwellings.

6.5 Risk Management All Victorian councils and caravan park operators are required to protect sites users and to minimize risk to themselves, Council and the environment.

6.6 Environmental and Waste Management With no provision of dump points, Council would face the issue of RVers disposing of their waste water (grey and black) on the side of the road.

Council will have to consider waste management for any new proposed RV sites. Council will be required to allocate funds to and/or find appropriate solutions that minimise the cost and impact to the flora, fauna and local communities. These are issues that are already being considered by Council for campers camping in the bush.

During the development of this strategy, the suitability of several sites has been assessed with the above issues and challenges in mind.

7Discussion Travelling the country-side in RVs has become a popular lifestyle of retirees as well as the family market. The RV market is growing in size and will continue to grow in coming years. In order for

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Moira Shire Council to capitalise on this market growth and encourage any economic activity from this market, it is crucial that the current needs of the RV market are considered and appropriate facilities and services are provided.

Many RVers regularly use formal caravan parks. It is the intention by Moira Shire Council to actively support the shire’s formal caravan parks by increasing the pool of RVers coming to the region; by providing a few low cost camping sites and promoting the RV market to stay longer, explore the region, visit the region’s attractions and stay in formal caravan parks for at least part of their stay.

Although Moira Shire Council currently has four RV Friendly Towns, Council seeks to take a shire- wide approach. An RV Friendly Shire approach is the appropriate way forward, capturing the opportunities arising from tapping into the RV market.

Tourism business operators and businesses supporting the tourism industry can apply for the RV Friendly Destination status where the business addresses the CMCA RV Friendly Destination criteria and are subject to planning approval.

Moira Shire Council is an attractive destination for the RV market, situated in the south to north/north to south route from Melbourne. Using the appropriate communication channels and clearly promoting the approved RV facilities and services will limit inappropriate usage and address the challenges and issues currently faced by Moira Shire Council.

By taking a shire-wide approach, effective measures can be applied to ensure that the:

Benefits of tapping into the RV market are enhanced; Needs of the RV market are met; Sites are properly maintained, protected and preserved through regulation of the sites; and Existing caravan park operators and other tourism operators are respected and in-directly supported.

A series of actions will transition Moira Shire from having four RV Friendly Towns to becoming an RV Friendly Shire with a range of facilities and services on offer to the RV market while enhancing the economic input.

8 Action Plan The following actions will further enhance the profile of Moira Shire as an attractive region for RVers. Moira Shire Council will pro-actively encourage greater visitation and economic impact from the RV market by:

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8.1 Endorse and Promote Moira Shire as an Attractive RV Friendly Shire Council will position and promote Moira Shire (utilising its tourism brand) in partnership with the tourism industry as a destination that welcomes RVs and highlights the facilities and experiences encouraging visitation and increased length of stay.

Council can provide visitor information packs targeted specifically to the RV market from the visitor information centres and promote the facilities and experiences on offer through appropriate RV channels, the destination tourism website(s), Murray Regional Tourism Board and the visitor information centre network.

8.2 Establish Economic Data and Visitor Profile of RV Market Moira Shire Council to work with community groups to develop the appropriate mechanisms to obtain economic data (i.e. visitor length of stay and expenditure), visitor profiles (i.e. visitor demographics and psychographics) and industry feedback.

This data will help validate if this strategy is the best way forward for Moira Shire Council and if any amendments are required to this RV strategy.

8.3 Transition to Commercially Managed Dump Points A number of existing caravan parks with dump points have expressed an interest in providing this service to the RV market at a fee. There are also existing caravan parks that do not yet have a dump point, but if given the chance would be interested in providing the service to the RV market at a fee. Council should liaise with these caravans to finalise the list of commercially managed dump points available to the RV market (at a fee).

Existing commercial dump points that could be offered at a charge: o Murray River Hideaway, Strathmerton (Septic Tank) o Oasis, Cobram – $5 dollar user charge already in place o Time Out Holiday Park, Koonoomoo (currently installing) o Wakiti Creek, Kotupna Caravan parks interested in having dump point installed in order to offer their service at a charge: o Numurkah Caravan Park, Numurkah o Cobram East Caravan Park, Cobram o Willows, Cobram o Westside Creek, Yarrawonga– need more information There may also be service stations that could be interested in installing dump points and making these available at a nominal fee for non-patrons and free of charge for patrons. o Westside Petrol Station, Strathmerton

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In the transition phase, existing public dump points that can be offered free of charge include

Murray Valley Highway, Strathmerton Weir Street, Nathalia Nangunia St adjacent to the Lions Bus Shelter, Barooga – approval for promotion of this dump point has been sought from Berrigan Shire Shire. Purtle Park, Mulwala – approval for promotion of this dump point has been sought from Corowa Shire.

Economic data and evaluation (Section 8.2) will identify if Moira Shire Council should continue to offer a mixture of public and commercially managed dump points or fully transition to only commercially managed dump points.

8.4 Trial the Continuation of Council Managed Dump Points in Showgrounds Council should seek to trial the continuation of the Council managed dump points in showgrounds – i.e. Cobram, Numurkah and Yarrawonga. During the trial period, free dump points will also be accessible from:

Showgrounds, Cobram Showgrounds, Numurkah Showgrounds, Yarrawonga

A review should be taken after 12 months. The review will ascertain if Council should continue to provide free dump points at the showgrounds, keep the dump points open for events only or completely decommission the dump points.

8.5 Develop RV Friendly Low Cost Overnight Parking Sites in Smaller Towns and Surrounds Council should in the long term seek to develop 8 locations that offer low cost overnight parking (up to 48 hours), catering for RVers travelling to the east, south, west and north of the shire. These locations should aim to increase economic activity in smaller towns thereby enhancing the economic benefit of tapping into the RV market and at the same time not be seen as in competition with our formal caravan parks.

Council will be required to register the following proposed sites with its Environmental Health Department, to follow the fire safety and emergency management standards and to abide by the given standards for services, amenities and maintenance, as outlined in section 6.4.4.1 to 6.4.4.8.

Council will be required to find a solution for how to address the issue of non-RVers using the sites once they are established, such as itinerant workers and homeless people that are not travelling in self-contained vehicles. This may be through a signage or a revision to the local law. Legal advice

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may need to be sought to ensure that this will not be seen as discrimination under the Human Rights Act.

8.5.1 Tungamah A site has been identified in Tungamah as an ideal location for low cost overnight parking. The community at Tungamah has expressed a keen interest in having the Lions Park on the Broken Creek turned into a destination catering for the RV market.

8.5.2 Yarroweyah The recreation reserve in Yarroweyah has been identified as an ideal location for low cost overnight parking. The Recreation Reserve is currently being used by the local Footy Club, which is the last club using the facility. The long-term viability of the Footy Club has been questioned and if the footy club was to fold, there would just be vacant land, which would be suitable for overnight parking of no more than 48 hours.

The site is on the Benalla-Tocumwal Route and near the Murray Valley Highway and would therefore capture both the north/south and east/west travel.

8.5.3 Picola A site has been identified in Picola as an ideal location for low cost overnight parking. Although off the beaten track, it would capture RV traffic from the Barmah-Shepparton Rd and Murray Valley Highway.

The location is on the East side of the Picola Train Park, but in order for this to be offered as a RV facility, a lease with VicTrack would be required. Such a lease would cost around $250 per annum.

8.5.4 Wunghnu A site has been identified in Wunghnu as an ideal location for low cost overnight parking.

The Recreation Reserve is managed by a Section 86 Committee. Council would have to liaise with this Section 86 Committee to ensure that they would be happy to provide this location for overnight parking of up to 48 hours.

The location in Wunghnu would capture the north/south travel along the Goulburn-Valley Highway.

8.5.5 Forges Beach Forges Beach is managed by Parks Victoria. Parks Victoria currently supports the notion to promote Forges Beach No1 &2 to the RV market, but requires the following challenges and issues to be considered:

Road maintenance - Traditionally Parks Victoria has maintained the access road to allow for 2 wheel drives to access Forges No. 1 . Nevertheless, there may be some minor constraints with the reliability of funding to maintain the access road to an acceptable standard

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consistently . For example, Parks Victoria’s Road Maintenance budget for the entire road network within their reserves managed out of Yarrawonga is $7,000 for 2015/16. If there was any assistance available from the Moria Shire for road maintenance linking some of our more iconic beaches this would be of assistance. Toilet infrastructure at capacity- The promotion of the site to the RV Market would add pressure to the toilet at Forges Beach no. 1, which already is at capacity during peak times. Furthermore, Parks Victoria has experienced issues with RVers dumping waste into the existing toilets. With increased usage of chemical toilets and other systems available to campers the need for a dump disposal point located between Yarrawonga and Cobram could be an option.

8.5.6 Barmah Lakes Camping Area, Barmah National Park This site is maintained by Parks Victoria. The Barmah Lakes Camping Area has recently been upgraded and is suitable for promotion to the RV Market.

The site offers easy access to the Barmah National Park, the Barmah Lakes, the township of Barmah, local tourism operators and a number of walking tracks. RVers need to be aware of camping under trees as River Red Gums can drop branches or fall over without warning.

8.5.7 The Killawarra Camp, Warby Ovens National Park, Killawarra This site is maintained by Parks Victoria. The Killawarra Camp in the Warby Ovens National Park is accessed via Camp Rd, off the Boweya Road and is suitable for promotion to the RV Market. RVers need to be aware of camping under trees as River Red Gums can drop branches or fall over without warning.

8.5.8 Lower Ovens Wildlife Reserve at Bundalong. This site is maintained by Parks Victoria. Although technically in the Indigo Shire by 50m, park visitors shop in Bundalong and Yarrawonga and it would be suitable to promote to the RV market. It is located downstream of the River Bend Caravan Park at Bundalong and is recognised as one of the best sites in Northern Victoria. RVers need to be aware of camping under trees as River Red Gums can drop branches or fall over without warning.

8.6 Trial RV Friendly Low Cost Overnight Parking Sites in Major Towns The provision of low cost overnight parking in towns with caravan parks is somewhat controversial; with RVers claiming it is necessary to attract the RV market and caravan parks arguing it will affect their viability.

Over at least a year Council will trial the provision of low cost overnight parking in the showgrounds of each of its major towns (i.e. Yarrawonga, Cobram, Numurkah and Nathalia).

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After a year Council will undertake an independent review of the provision of low cost overnight parking in showgrounds. Monitoring strategies may include:

Enforcement of time limit Enforcement of self-contained vehicles only Economic impact survey and results Impact on caravan parks

8.7 Commit Resources to Enforcement To ensure that the RV Strategy is successfully implemented, Council must commit the necessary resources to ensure appropriate enforcement of the duration of stay and restricting parking to designated areas and associated activities.

8.8 Encourage Local Businesses to Become CMCA RV Friendly Destinations With the appropriate Council permits in place, local tourism and tourism support businesses could

be encouraged to join the RV Friendly DestinationTM scheme, if this aligns with the overarching aim and strategies of the individual business.

8.9 Provide Long-Vehicle Parking Close to Shopping Precincts Long vehicle parking to be properly line marked or sign-posted where appropriate. Moira Shire Council will provide long-vehicle parking of up to four hours in close proximity to shopping precincts and amenities in the following locations:

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Hovell Street, Yarrawonga Gilmore Street, Yarrawonga Melville Street Numurkah Knox Street, Numurkah Lions Park, Tungamah Barr Street, Tungamah Swamp Road, Lake Rowan Hotchin Street, Katamatite Off Murray Valley Highway near Goughs Lane, Bundalong Off Murray Valley Highway, Strathmerton Wunghnu, by the creek Moran Street, Picola

There may be further options for long vehicle parking that could be explored further, including but not limited to:

8.10 Offer Access to Potable Water from Designated Locations Moira Shire Council will offer access to potable water from the following designated locations:

Cnr Barr Street and Tungamah Main Road, Tungamah Cnr Benalla - Tocumwal Road and Moore St, Katamatite Benalla-Tocumwal Road, Katamatite Blake Street, Nathalia Weir Street, Nathalia

8.11 Provide New Signage Signage will be an important component of clearly identifying the RV Facilities and Services. A signage plan is to be developed as part of the Moira Shire Signage Strategy outlining the signage requirements and locations. Signage is to include:

Long vehicle parking signage (where appropriate); Overnight parking signage; Promotional signage of key attractions and caravan parks

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Council Agenda No. 8 Page 183 Monday 9 May 2016 Potable water signage

The provision of signage and any potential line marking would require a budget of approximately $10,000 - $15,000.

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Council Agenda No. 8 Page 184 Monday 9 May 2016 9 RV Friendly Shire Map

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Council Agenda No. 8 Page 185 Monday 9 May 2016 Toowoomba Regional Council Recreational Vehicle Strategy Final Report

December 2015

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Council Agenda No. 8 Page 186 Monday 9 May 2016 Contents

1 Project Scope & Objectives……………………………………………..………………………………………..…… 3

1.1 Current Situation……………………………………………………………………………………………………………… 5

2 Understanding the RV Market…………………………...... 7

2.1 National Trends in RV……………………………………………………………………………………………………….. 8

2.2 Camping Trends in Australia & Queensland………………………………………………………………………. 10

2.3 Camping Trends in Toowoomba……………………………………………………………………………………..... 11

2.4 Comparative Trends…………………………………………………………………………………………………………. 12

2.5 Travelling with Pets………………………………………………………………………………………………………….. 14

3 Strategic and Regulatory Context………………………………………..…………………………….………..… 15

3.1 State Context……………………………………………………………………………………………………………………. 16

3.2 State & Regional Context…………………………………………………………………………………………………. 18

3.3 Local Laws………………………………………………………………………………………………………………………... 19

3.4 Planning Scheme………………………………………………………………………………………………………………. 24

3.5 Guiding Principles…………………………………………………………………………………………………………..... 25

4 Recommendations………………………………………………………..……………………………………….……… 26

4.1 Governance & Management…………………………………………………………………………………………….. 28

4.2 Legal & Policy Framework……………………………………………………………………………………………….. 30

4.3 Site Management…………………………………………………………………………………………………………….. 38

4.4 Marketing & Communication…………………………………………………………………………………………… 44

5 Appendices…………………………………………………………………………..……………………………………… 45

DISCLAIMER The information and recommendations provided in this Recreational Vehicle Strategy are made on the basis of information available at the time of preparation and the assumptions outlined throughout the document. While all care has been taken to check and validate material presented in this report, independent research should be undertaken before any action or decision is taken on the basis of material contained in this report. This report does not seek to provide any assurance of project viability and EarthCheck accept no liability for decisions made or the information provided in this report.

ACKNOWLEDGEMENT Images used throughout this document are courtesy of Tourism Events Queensland and members of the public.

Toowoomba Region Recreational Vehicle Strategy 2

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Council Agenda No. 8 Page 187 Monday 9 May 2016 1 Project Scope & Objectives

Toowoomba Region Recreational Vehicle Strategy 3

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Council Agenda No. 8 Page 188 Monday 9 May 2016 Project Scope & Objectives

Toowoomba Regional Council aims to find the balance The Recreational Vehicle Strategy for its community between growing the Recreational This RV Strategy aims to: Vehicle (RV) market and supporting local business. This RV Strategy provides a direction for Council in ¾ Encourage RVs to visit the Toowoomba region providing camping options for Recreational Vehicle and enhance the visitor experience, increase Use within the Toowoomba region and visitor expenditure and prolong length of stay; recommendations to Council on changes to Local Laws and the Planning Scheme which Council could ¾ Respond and adapt to shifting demand patterns, consider for adoption. change and industry trends, catering for all users including people with disabilities and those Council recognises that Recreational Vehicle (RV) travelling with pets; camping is a variable and complex topic at times, with stakeholder groups holding diverse views on the issue. ¾ Assist with meeting and managing the changing needs of a diverse range of travellers; The primary objective of the Recreational Vehicle strategy is to provide a future direction which will ¾ Develop a consistent approach across encourage RVs to visit the Toowoomba region and to Toowoomba Regional Council; and manage Council’s assets safely and sustainably. Additionally, this will contribute towards increasing ¾ Sustainably protect and manage valued assets visitor experience, visitor expenditure and length of (natural and cultural) across the region. stay through catering to RV visitor requirements, whilst also considering the interests of stakeholders.

Background The formation of Toowoomba Regional Council saw The Toowoomba Region the inheritance of a range of different approaches to Located 90 minutes west of Brisbane, Toowoomba managing Recreational Vehicle Users. is the eastern gateway to Western Queensland located on the Great Dividing Range 700 metres Accordingly, there have been inconsistencies above sea level, Toowoomba Regional Council is throughout the Toowoomba region in relation to comprised of urban and regional communities. whether or not overnight camping is permitted and how long RVs can stay at identified locations. Acknowledging the needs of the non-commercial camping market may discourage that sector to Growth in drive tourism, particularly RVs, has seen camp in an unmanaged way, preventing a range of visitors make greater use of roadside sites. This issues for the communities of the Toowoomba growth is expected to continue into the foreseeable region. future as the Baby Boomer generation undertakes retirement travel. This RV Strategy identifies the best approach to manage the range of commercial and non- For the Toowoomba region, the drive tourism market commercial camping options for all RVs, following has proven to be important, given the geographical the approach outlined in the Queensland Camping location in relation to major urban centres, Options Toolkit and following engagement of accessibility to major highways and as a stopover for internal and external stakeholders. longer road trips.

Toowoomba Region Recreational Vehicle Strategy 4

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Council Agenda No. 8 Page 189 Monday 9 May 2016 1.1 Current Situation

Context Issues Toowoomba Regional Council currently allow 18 sites The Site Audit revealed the following consistent throughout the region that provide overnight stays issues across the region: (Site Audit, page 6). • Incomplete signage caused difficulty finding the sites; Of these sites, 14 are no-cost options while 4 locations • Inconsistent signage caused uncertainty as to the charge a fee for use of the site. The fees range from appropriate terms of use; $8.00 at Cressbrook Dam to $19.50 at the Jondaryan • Minimal information available online; and Woolshed per night for an unpowered site. • Dump Point locations are poorly signed and promoted The sites are well distributed throughout the region, see Figure 1, with paid locations available in every direction.

Figure 1: Existing Overnight Locations Operated by Council

Cambooya

Toowoomba Region Recreational Vehicle Strategy 5

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Council Agenda No. 8 Page 190 Monday 9 May 2016 Current Situation

Locations Currently Permitting Overnight The following table identifies all overnight locations permitted by Council, the distance to the nearest Caravan Park and the infrastructure that is on site.

Table 1: Existing Overnight Locations Permitted by Council

Nearest Site Nearest Town Infrastructure Caravan Park Hampton VIC/ Chapman Hampton 11km Water, Toilets, Bins, VIC, Shelter, Tables Park Jondaryan Woolshed Jondaryan 20km Toilets, Showers, Café, Dump Point, Wi-Fi

Bowenville Reserve Bowenville 18km Toilets, Water, Bins, Playground

Ravensbourne Rest Area Ravensbourne 15km Shelter, Tables, Toilets, Bins

Cressbrook Dam Ravensbourne 19km 30 sites, Toilets, Barbeque

Swinging Bridge Cooyar 29km Shelter, Barbeque, Bins, Power $5

Harland Park Yarraman 6km Shelter, Table

Federation Park (Maclagan) Maclagan 25km Shelter, Bins

Apex Park/Cecil Plains Weir Cecil Plains 1km Shelter, Tables, Bins, Toilets, Water

Hard surface sites, Toilets, Water, Dump Cecil Plains Caravan Park Cecil Plains 45km Point, Laundry, Bins

Walpole Park Millmerran 2km Water, Bins, Shelter, Tables

Yarramalong Weir Pampas 25km Toilets, Barbeque, Tables, Bins

Toilets, Showers, Shelter, BBQ, Power, Clifton Rec Grounds Clifton 10km Dump Point

Nobby Town Park Nobby 18km Shelter, Table, Water, Power $3

Federation Park (Vale View) Vale View 10km Toilets, Shelter, Water, Barbeque

Passmore Reserve Clifton 29km Shelter, Bins

Boodua Reserve Boodua 22km Bollards

Cambooya Recreation Floodlit arena, Canteen, Undercover area, Cambooya 19km Reserve Small playground, Showers , Toilets

Toowoomba Region Recreational Vehicle Strategy 6

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Council Agenda No. 8 Page 191 Monday 9 May 2016 2 UNDERSTANDING THE RV MARKET

Toowoomba Region Recreational Vehicle Strategy 7

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Council Agenda No. 8 Page 192 Monday 9 May 2016 2.1 National Trends in RV

The caravanning and camping industry in Australia is ¾ The sector makes up 10% of all visitor nights in vast and significant to the nation’s economy. Australia According to the Caravan Industry Association of Australia (http://www.caravanindustry.com.au): ¾ 90% of caravanning and camping activity is undertaken by Australian domestic travellers ¾ 85% of the Australian population has had a caravanning or camping experience at least ¾ There are 170,000 powered and unpowered once in their lifetime and 88% of campers say it sites available nightly in Australia. At an average something that every child should experience occupancy rate of 54% this means 86,000 sites go unused nightly around the country ¾ 73% of people purchasing caravans and motorhomes cited the desire to see more of ¾ 90% of all visitor nights in the sector are spent in Australia as sparking their original interest in regional Australia, making the sector a large caravanning and camping economic contributor to regional Australia

¾ There were 556,884 caravans and motorhomes ¾ Caravanning and camping visitors spend registered as of 31 January 2014 (a 5.5% approximately $7 billion when travelling in increase from the previous year) Australia

¾ There were 21,300 units manufactured in ¾ The Australian caravanning and camping industry Australia in 2014 (a 4.4% increase on 2013 makes an annual contribution to the Australian production) economy of $15.95 billion

¾ Caravans (or towable products) make up 89% of ¾ For every $100 of revenue received by a caravan registered RV’s in Australia and Motorhomes (or park $138 of direct economic benefit flows motorise products) make up the remaining 11% through the local economy (where RV represents all types of RVs) ¾ International caravanning and camping visitors in ¾ Over 70% of the RV’s purchased in Australia 2011 spent on average $7,507 per trip and an were made in Australia. The wholesale value of average of 71 visitor nights Australian manufactured RV’s is $940 million annually ¾ Primary market is 35-49 year olds accounting for approximately 50% of all travel in the sector ¾ 73% of all RV vehicles registered are below 1.5 tonne ¾ The secondary market is the 55–70 years age group, making up approximately 25% ¾ 43% of recent RV purchasers were made by people looking to use their caravanning and ¾ The caravanning and camping sector in Australia camping product 5-10 times per year employs over 25,000 direct employees.

¾ 67.8 million site nights were spent in the ¾ In 2010 campervans and motorhomes alone caravanning and camping sector in 2011 travelled approximately 607 million kilometres in Australia

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Council Agenda No. 8 Page 193 Monday 9 May 2016 RV Friendly Destinations

The RV market has been recognized by National and RV Friendly State organisations through the establishment of The RV Friendly program is offered by Campervan & two programs that help communities identify Motorhome Club of Australia to assist those themselves as welcoming to RVs. When visitors see travelling throughout the country in recreational the signs erected in town, they are reassured that vehicles. Locations are clearly identified with specific amenities and provisions are available to signage. them. The following two programs have been developed The two programs that are currently on offer are to provide business owners the opportunity to managed by Caravanning Queensland and the capture these visitors: Campervan & Motorhome Club of Australia; these programs are outlined below: RV Friendly Town An ‘RV Friendly Town’ is one that offers specific Community Welcomes Recreational Vehicles amenities and services for RV travellers. Essential This initiative was recently launched by Caravanning provisions of ‘RV Friendly Towns’ include: Queensland to offer Local Government Areas the ¾ Appropriate parking within the town centre, opportunity to positively promote their with access to a general shopping area for communities as welcoming to RV visitors. groceries and fresh produce; ¾ Short term, low cost overnight parking (24/48 This scheme is in practice across Australia and New hours) for self-contained RVs; Zealand with the purpose of recognizing a ¾ Access to potable water; and community as being welcoming to RV visitors even ¾ Access to a free dump point at an appropriate though they may not have ‘RV Friendly’ status from location. Campervan & Motorhome Club of Australia.

RV Friendly Destination The ‘Community Welcomes Recreational Vehicles’ campaign was adopted by Caravanning Queensland An ‘RV Friendly Destination’ is generally a small to promote communities that embrace recreational town or a location in the town such as a vehicles, serving as a positive promotion scheme. Showground or attraction that is not eligible of meeting the RV Friendly Town designation. Essential provisions of ‘RV Friendly Destinations’ Essential provisions of ‘Community Welcomes include: Recreational Vehicles’ communities include: ¾ Provision of short term, low cost overnight ¾ Easily accessible towns, or plans to make the parking (24/48 hours) for self-contained RVs; town centre easily accessible for RVs (parking ¾ The parking area needs to be on a solid, level and signage) surface; and ¾ Visitor Information Centre, or directional ¾ There must be enough room for large signage to local information vehicles to manoeuvre. ¾ Commercial caravan park in town ¾ No free camping locations in town centre An analysis of eligibility for Toowoomba and the larger regional communities is provided in Appendix A.

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Council Agenda No. 8 Page 194 Monday 9 May 2016 2.2 Camping Trends in Australia and Queensland

Introduction Figure 2: Visitors to Australia by type of Camping Five year trends in commercial, non-commercial and national parks help to identify the size of the 5,000,000 market at the state and national levels. These trends help identify the status of the overnight 4,000,000 camping market and determine that the market is 3,000,000 growing, showing a clear demand for a RV strategy. 2,000,000 Overall, commercial caravan parks proved to attract the largest amount of visitors to both Australia (3.9 1,000,000 million) and Queensland (796,868). This is followed by non-commercial caravan parks and national - parks. These markets are broken down in the 2011 2012 2013 2014 2015 following sections. Commercial Non-Commercial National Park

Australia experienced a 10% per annum increase for Commercial Caravan Parks visitors to non-commercial caravan parks while Commercial caravan parks received 3.9 million Commercial caravan parks and National parks visitors throughout Australia, while Queensland experienced 2% and 9% per annum increase received 796,868 visitors (YE June 2015). respectively. Commercial caravan parks saw the lowest increase when compared with growth for non-commercial camping locations and national parks, noting a 2% Figure 3: Visitors to Queensland by type of Camping increase per annum in both Australia and Queensland from 2011-2015. 900,000 800,000 700,000 Non-Commercial Camping Locations 600,000 Non-commercial sites received 2.7 million visitors throughout Australia and 736,989 visitors in 500,000 Queensland (YE June 2015). Non-commercial 400,000 camping locations increased 10% per annum in 300,000 Australia and 11% in Queensland from 2011-2015. 200,000 100,000 - National Parks 2011 2012 2013 2014 2015 National parks received a total of 1.9 million visitors throughout all of Australia and 375,593 in Commercial Non-Commercial National Park Queensland (YE June 2015). A significant increase of 9% was noted for Australia, while the Queensland Queensland experienced an 11% per annum increase for market has grown steadily with an increase of 2% visitors to non-commercial caravan parks while from 2011-2015. Commercial caravan parks and National parks each experienced a 2% per annum increase.

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Council Agenda No. 8 Page 195 Monday 9 May 2016 2.3 Camping Trends in Toowoomba

Now that we are aware of the trends at a National and Figure 4: Visitors to Toowoomba by type of Camping State level, it is important to know how camping is taking shape within the Toowoomba region. Overall, 50,000 commercial and non-commercial camping alternate as 40,000 the largest market, as detailed subsequently. 30,000 20,000 Average Length of Stay is 1.8 nights 10,000 - 2011 2012 2013 2014 2015 63,533 visitors to Commercial, Non-Commercial & National Commercial Non-Commercial National Park Parks Non Commercial Camping Locations 18,074 visitors to Non- A total of 18,074 visitors identified as having Commercial Locations camped at non-commercial sites throughout the Toowoomba region (Year Ending June 2015). Although this is a slight decrease from the previous Camping in the Toowoomba Region years, this is a 64% increase over this same segment Non-commercial caravan parks attracted the greatest in 2011. Visitors to non-commercial caravan parks amount of visitors in 2012, 2013 and 2014 when has grown by 13% per annum from 2011 to 2015. compared to commercial caravan parks and national parks, attracting a peak of 45,643 for the year ending For the year ending June 2015, Queensland June 2013. This then dipped to 18,074 in 2015. welcomed 736,989 visitors to non-commercial camping sites while 2.7 million were accounted for The majority of the caravan market (60,927) in in all of Australia. In terms of visitation, the Toowoomba are domestic visitors, while 2,605 were Toowoomba region captured 2% of all visitors to international visitors (YE June 2015). The Toowoomba non-commercial sites in Queensland. region has experienced an 8% per annum increase in domestic visitors from 2010 to 2015, while National Parks international visitation rose by 1% per annum. This segment refers to visitors in Toowoomba who camp in a National Park or on Crown Land. A total of Commercial Caravan Parks 7,896 visitors camped at a National Park (YE June Commercial caravan parks in the Toowoomba region 2015), accounting for a 5% per annum increase attract the greatest amount of visitors compared to from 2011 which represents 2% of Queensland’s other available options, accounting for 37,563 visitors total market share. (Year ending June 2015). This is followed by non- commercial caravan parks (18,074) and national parks Campervan Ownership in Toowoomba (7,896). Campervan ownership within the Toowoomba region has experienced a 24% increase per annum Commercial caravan parks in the Toowoomba region between 2006 and 2010 (ABS Motor Vehicle capture 5% of Queensland’s total market share. Census, 2006-2010). A total of 542 campervans Visitors to commercial caravan parks in Toowoomba were registered in the Toowoomba region. has grown by 7% per annum from 2011 to 2015.

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Council Agenda No. 8 Page 196 Monday 9 May 2016 2.4 Comparative Trends

The Comparator Destinations Gympie Regional Council received approximately 6% The following destinations were chosen as comparator of all overnight camping visitors to Queensland, regions to Toowoomba Regional Council (TRC) due to while Murweh received just 1.1%. their similar tourism characteristics in terms of: ¾ Location and size within Queensland; Gympie’s self-drive, caravanning and camping ¾ Inland/regional locality; and visitors had the highest average length of stay, of ¾ Significant touring market. approximately 3.4 nights, followed by Western Downs and Murweh with an average of 2.5 and 2.4 These comparator destinations are: respectively. Toowoomba saw the lowest average ¾ Western Downs Regional Council (WDRC); length of stay of self-drive, caravanning and ¾ Gympie Regional Council (GRC); and camping visitors at approximately 1.8 nights. ¾ Murweh Shire Council (MSC). However, all regions were lower than the State average of 4.7 nights. All Overnight Camping Over the past five years, Gympie has received the Staying in Commercial Sites most visitors to all commercial, non-commercial and Similarly to all overnight camping, Gympie has seen national park camping facilities, followed by Western the largest commercial camping visitors; however, it Downs and Toowoomba (which have both seen large has experienced a 5.3% p.a. decrease while all other fluctuations) and then Murweh. destinations have seen an increase.

However, Western Downs saw the highest percentage Murweh saw the greatest increase of percentage share of all commercial, non-commercial, and national share per annum (8.3%) of all visitors to Queensland park visitors to Queensland increasing by 4.9% p.a. staying in commercial sites. This is followed by This is followed by Murweh (2.5% p.a.) and Toowoomba (3% p.a.) and Western Downs (0.5% Toowoomba (0.3% p.a.), while Gympie saw a 3.7% p.a. p.a.). After a decrease in 2014, Toowoomba decrease in its share of all overnight camping visitors Regional Council saw a sharp increase in visitors to to Queensland. commercial sites in 2015

Figure 5: Percentage Share of All Overnight Camping Figure 6: Percentage Share of All Visitors to visitors to Queensland Queensland Staying in Commercial Sites 8.0% 10.0% 7.0% 6.0% 8.0% 5.0% 6.0% 4.0% 3.0% 4.0% 2.0% 2.0% 1.0% 0.0% 0.0% 2011 2012 2013 2014 2015 2011 2012 2013 2014 2015

WDRC GRC TRC MSC WDRC GRC TRC MSC

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Council Agenda No. 8 Page 197 Monday 9 May 2016 Comparative Trends cont.

Staying in Non-Commercial Sites Staying in National Parks Overall, Queensland has seen a significant increase of Of all visitors to Queensland camping in National approximately 13% in visitors staying in non- Parks, Western Downs saw the greatest percentage commercial sites since 2011. increase of market share (16.7% p.a.), followed by Gympie (1.2% p.a.). Western Downs captured the highest percentage share of all non-commercial camping visitors to Figure 8 below depicts the percentage share of all Queensland, increasing by 13.2% p.a. visitors to Queensland camping in National Parks over time. While Toowoomba saw fluctuations over the years, the overall trend identified is a 0% p.a. increase. While Gympie Regional Council had significantly higher visitation then the other comparator Murweh saw a decrease of 8.1% p.a. and Gympie saw destinations, Murweh recorded no domestic data, a decrease of 2.9% p.a.; therefore, fewer visitors to and very few international data. This is likely due to Queensland staying in non-commercial sites are there being very few national parks in Murweh, and visiting Murweh and Gympie now compared to 2011. thus is also a reflection of the amount and accessibility of national parks in each destination.

Figure 7: Percentage Share of All Visitors to Figure 8: Percentage Share of All Visitors to Queensland Staying in Non-Commercial Sites Queensland Staying in National Parks

7.0% 14.0% 6.0% 12.0% 5.0% 10.0% 4.0% 8.0% 3.0% 6.0% 2.0% 4.0% 1.0% 2.0% 0.0% 2011 2012 2013 2014 2015 0.0% 2011 2012 2013 2014 2015 WDRC GRC TRC MSC WDRC GRC TRC

Summary When these regions are combined, they account for 16% of all visitors to Queensland staying in commercial sites and 9.3% staying in non- commercial sites.

Toowoomba Region Recreational Vehicle Strategy 13

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Council Agenda No. 8 Page 198 Monday 9 May 2016 2.5 Travelling with Pets

Understanding the Market While most pet owners do online research (87%), the There is now a growing trend to take the family pet majority (71%) do not complete their booking online as on holiday with 14% of Australian households they wish to verify the arrangements for keeping their travelling with their pets in 2014 (Roy Morgan, pets. 2015). Toowoomba’s Pet-Friendly Offering A study conducted by Little Hotelier (2015) With Toowoomba being a key travelling thoroughfare identified: for rodeo participants there is demand for pet friendly • 30 million people globally travel with pets each accommodation, in particular providers who can cater year, 51% say they would bring their pets along for horses. The below table provides an overview of on every vacation if they could; the current Toowoomba pert-friendly providers with at least 13 locations, approximately 30 minutes apart, • Most travellers with pets would be happy to pay offering camping options for those with pets including to ensure their pet’s comfort; and horses.

Campsite Pets Horses Conditions / Comments (distance from Toowoomba)

Toowoomba Showgrounds 99Owner of Horse(s) must have 'Horse Health Declaration’

Currently will not accept horses, Owner of Horse(s) must have Oakey Showgrounds (30 mins NW) 99 'Horse Health Declaration’

Owner of Horse(s) must provide 'Horse Health Declaration’ and Jondaryan Woolshed (40 mins NW) 99 advance warning of intention to keep horses for overnight stay Subject to ensuring horses are kept safe and secure and no riding Bowenville Reserve (50 mins NW) 99 is allowed Cecil Plains Caravan Park (1 hr West) 9 Pets allowed but not Horses Subject to ensuring horses are kept safe and secure and no Cecil Plains Weir (1 hr West) 99 riding is allowed

Pittsworth Showgrounds (30 mins SW) 99Owner of Horse(s) must have 'Horse Health Declaration’

Pets allowed in guest's accommodation only, Owner of Horse(s) Millmerran Showgrounds (1hr SW) 99 must fill out 'Horse Health Declaration'

Subject to ensuring horses are kept safe and secure and no Walpole Park Camping Area (1hr SW) 99 riding is allowed

The reserve is ideal for equestrian events with floodlit arena, Cambooya Recreation Reserve 99canteen, undercover area, small playground, showers and toilets. Clifton Recreational Grounds (40 mins 99Dogs on lead at all times SSW)

Passmore Reserve (1hr SSW) 99Not recommended for horse riding (advice from Park Ranger)

Cooyar Showgrounds (1hr North) 99Owner of Horse(s) must have 'Horse Health Declaration'

Murphy's Creek Escape (Private) 99Specific 'horse only' camping areas 14 Toowoomba Region Recreational Vehicle Strategy

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Council Agenda No. 8 Page 199 Monday 9 May 2016 3 Strategic and Regulatory Context

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Council Agenda No. 8 Page 200 Monday 9 May 2016 3.1 State Context

To effectively implement an RV Strategy in the drink outlet, kiosk, amenity buildings and the provision Toowoomba region, it needs to build from the State of recreation facilities. legislative and policy framework. Short-term accommodation Legal basis for Camping in Queensland Premises used to provide short-term accommodation To camp in Queensland is defined under the for tourists or travellers for a temporary period of Recreation Areas Management Act 2006 as time (typically not exceeding 3 consecutive months) including ’to pitch, place or erect a tent, caravan or and may be self-contained. The use may include a another structure that may be used for camping for manager’s residence and office and the provision of the purpose of staying overnight by using the tent, recreation facilities for the exclusive use of visitors. caravan or structure’. Tourist park The Local Government Act 2009 does not Premises used to provide for accommodation in specifically define or legislate around camping. It caravans, self-contained cabins, tents and similar requires local governments to develop and adhere structures for the public for short-term holiday to a planning scheme for all lands they manage. purposes. Section 26-38B allows each local government to pass a local law to enforce camping guidelines. The use may include, where ancillary, a manager’s residence and office, a kiosk, amenity buildings, a food The Queensland Caravan Park Policy (PUX/901/102) and drink outlet, or the provision of recreation allows land to be classified as a ‘reserve for facilities for the use of occupants of the tourist park recreation’. This allows for camping with limited and their visitors, and accommodation for staff. facilities for a maximum of 3 nights. Local governments wishing to pursue this must create a Rest Areas Policy & Best Practice (DTMR) local law to authorise the activity. Over 700 rest areas are provided through Queensland as part of the State’s commitment to road safety and The Secondary Use of Trust Land (PUX/901/209) fatigue management. Sites are located in the road allows for the use of trust land for other purposes as reserve and are either managed by the Department of long as the use does not diminish the purpose of the Transport and Main Roads or managed by Local trust land or adversely affect any local licensed Government on behalf of the State. caravan and/or tourist park owners. Stays may be limited to no more than 3 nights. Sites typically have a 20 hour limit for fatigue stops, are located less than 80km apart with clear signage, Queensland Planning Provisions basic facilities (shelter, and non-potable water) and The Queensland Planning Provisions (QPP) is a state vegetation cover to allow drivers to rest away from planning instrument under the Sustainable Planning noise and glare. Act 2009 and provides a consistent form for the preparation of planning schemes across A Best Practice guide for roadside rest areas in Queensland. The QPP prevails over all other Queensland was released in 2014 which encourages guidelines and includes the following definitions: sites to be ‘fit for purpose’ as opposed to ‘one size fits all’. Where sites are designed for visitors they should Relocatable home park include toilets and where they are for RV users also a Premises used for relocatable dwellings (whether dump point is desirable. Availability of Wi-Fi is also a they are permanently located or not) that provides consideration. long-term residential accommodation. The use may include a manager’s residence and office, food and (Queensland Camping Options Toolkit, 2014) Toowoomba Region Recreational Vehicle Strategy 16

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Council Agenda No. 8 Page 201 Monday 9 May 2016 State Context cont.

Queensland Camping Options Toolkit (2014) Full-Cost Disclosure The Camping Options Toolkit was developed by the This is the process in which local governments use Queensland Government to help local governments the same model of costing a site as if they were a effectively manage camping alternatives in their commercial enterprise (including allocation of costs communities and provide visitors with a more for administration, infrastructure, compliance, predictable approach to non-commercial camping workplace health and safety, staffing, rates, across Queensland. electricity and interest) in communicating the real cost of operating a site per night. The overarching principle is to grow the drive tourism market in Queensland through developing Recreational Vehicle (RV) and promoting a wide variety of camping options. According to the Recreation Vehicle Industry Association, an RV is a vehicle that combines The following definitions are adopted throughout transportation and temporary living quarters for this report, as per the Queensland Camping Options travel, recreation and camping. Toolkit, 2014: Self-Contained Vehicle Basic Camping Ground While no Australian standard exists to provide a clear This toolkit recommends local governments adopt a definition of self-contained vehicles, for the purpose definition for both basic and bush camping grounds of this toolkit self-contained vehicles are those that as sites offering minimal facilities (water, toilet can hold fresh water, greywater and/or blackwater and/or dump point, rubbish bins) and an agreed and have on board cooking and sleeping facilities as minimum standard of site management to ensure defined in the Campervan & Motorhome Club of health and safety. A shower is not considered suited Australia (CMCA) Leave No Trace scheme. to the standard definition of a basic camping ground (subject as in all cases to local government Additional Tools consideration). The adoption of a minimum In addition to definitions, the Camping Options standard would provide local governments with a Toolkit introduces new tools that Local Governments foundation for the best management of camping can use to provide transparency, support road safety choices, both seasonal and year-round. and ensure the natural and cultural assets of the state are preserved, these include: Competitive Neutrality To ensure competitive neutrality, public sector ¾ Needs Assessment (see page 39 for an example business activities that are in competition with the of a needs assessment) to assess the costs and private sector should not have competitive benefits of identified camping options; advantages or disadvantages simply by virtue of ¾ Community Reference Groups to engage their government ownership or control. stakeholders in the process early; and ¾ A process of managing overflow camping.

Figure 9: Camping Options Spectrum

Toowoomba Region Recreational Vehicle Strategy 17

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Council Agenda No. 8 Page 202 Monday 9 May 2016 3.2 State & Regional Context

Queensland Drive Tourism Strategy (2013-2015) Aiming to ensure a better understanding of linkages between tourism demand, infrastructure CASE STUDY: Fraser Coast Regional Council requirements and road user conflicts. Drive tourism is a key market and has great significance to the Council regulates camping areas to ensure they are tourism industry in many regions. The drive market maintained in a clean and hygienic condition and represents visitors who use some form of vehicular provide appropriate facilities. The Fraser Coast transport as a mode of transport to reach their camping policies are within Subordinate Local Law destination, where their main purpose of visit is No. 1 (Administration) 2011 and Local Law No. 4 leisure (i.e. where their main purpose is for a (Local Government Controlled Areas, Facilities and holiday or to visit friends and relatives). This Roads) 2011. includes day trips and overnight trips to one or multiple destinations. Drive tourism is of particular importance in the As defined by Local Law No. 4, camping or sleeping Southern Queensland Country region due to its overnight on all areas and roads controlled by the sheer size and the distance between destinations. local government is a restricted activity and is permitted only where: ¾ a sign indicates that camping or sleeping overnight is allowed, or Southern Queensland Country Tourism Destination ¾ the place is located on the Queensland Tourism Plan (2014-2020) Heritage Trails Network, or This Destination Tourism Plan provides clear ¾ camping is authorised by an authorised direction for the development of tourism person. throughout the region to 2020. The identification of new approaches to increasing the value of the region’s major drive routes is outlined in this plan. Fraser Coast Regional Council has been supportive of Southern Queensland Country is positioned to be a non-commercial camping options. In 2011, it part of several major touring routes, including the established nine new campsites, including the Adventure Way, the Great Inland Way, Australia’s Maryborough Showgrounds, as a plan to attract Country Way, and the Leichhardt Highway. more drive tourists. This was done through a six- stage site needs and assessment process. The Maryborough Showgrounds has a schedule of fees.

Toowoomba Regional Community Plan (2014) Since the launch of the Queensland Camping While camping is not mentioned in the Community Options Toolkit, in 2014 the Fraser Coast Regional Plan, Theme 8 encompasses the Economy, Council have formed a Camping Options Advisory identifying a vision for Toowoomba as being a Group with representation from a range of user prosperous city providing a service hub for the groups and community representatives and have region. Desired outcomes for Tourism are: reviewed the use of each camping site including “a thriving sector capitalising on natural and conducting a Needs Analysis of certain sites. heritage assets, as well as arts and cultural exchange opportunities.”

Toowoomba Region Recreational Vehicle Strategy 18

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Council Agenda No. 8 Page 203 Monday 9 May 2016 3.3 Local Laws

Overview Subordinate Local Law No. 4 (Local Government Unlike the majority of Local Government Areas Controlled Areas, Facilities and Roads) 2011 throughout Queensland, Toowoomba Regional The purpose of this subordinate local law is to Council did have a selection of relevant definitions supplement Local Law No.4 (Local Government embedded in Local Law No. 4. Controlled Areas, Facilities and Roads) 2011 in order to protect the health and safety of persons using local Local Law No. 4 (Local Government Controlled government controlled land, facilities, infrastructure Areas, Facilities and Roads) 2011 and roads and preserve features of the natural and The purpose of this local law is to: built environment and other aspects of the amenity of ¾ protect the health and safety of persons local government controlled land, facilities, using local government controlled land, infrastructure and roads. facilities, infrastructure and roads; and ¾ preserve features of the natural and built The purpose is to be achieved by providing for: environment and other aspects of the ¾ the regulation of access to local government amenity of local government controlled land, controlled areas; and facilities, infrastructure and roads. ¾ the prohibition or restriction of particular activities in local government controlled areas The purpose is to be achieved by providing for: or roads. ¾ the regulation of access to local government controlled areas; and Section 5, Schedule 2 Item 4(b) states sleeping, ¾ the prohibition or restriction of particular occupying or remaining overnight in a park or reserve activities on local government controlled is restricted in all parks and reserves within the local areas or roads; and government area unless written permission is ¾ miscellaneous matters affecting roads. obtained from the CEO.

Toowoomba Region Recreational Vehicle Strategy 19

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Council Agenda No. 8 Page 204 Monday 9 May 2016 Local Laws cont.

Definitions that are currently included in Local Law Caravan Park No.4 (Local Government Controlled Areas, Facilities Means a place for parking and residing in caravans, and Roads; 2011) are as follows: including a place that provides also for complementary accommodation. Accommodation At a local government caravan park, means a caravan; Caravan Site or a complementary accommodation. At a local government caravan park, means a part of the local government caravan park which is Camping designated for a single accommodation of a At a place, includes sleeping, occupying or remaining particular type. overnight at the place. Local Government Camping Ground Camping Ground Means a camping ground under the control of the Means land that is approved by the local government local government, including a camping ground for camping but does not include a caravan park. located on land owned by the local government or on land for which the local government is the Camp Site trustee. Means a part of a camping ground which is designated for occupation by a tent, inclusive of ropes, poles, Local Government Caravan Park supports and pegs incidental to the erection and use of Means a caravan park under the control of the the tent. local government, including a caravan park located on land owned by the local government or on land Caravan for which the local government is the trustee. Has the meaning given in the Residential Tenancies Act 1994, section 3A: Park (1) A “caravan” is a trailer— (a) designed principally Means a public place which the local government for residential purposes; and (b) designed to be has, by resolution, set apart for park, recreational attached to and towed by a self-propelled vehicle; or environmental purposes, and includes land and (c) that, as originally designed, was capable of designated as a park in the planning scheme of the being registered under a law of the State about local government. the use of vehicles on public roads. (2) Also, a “caravan” is something— (a) not fitted with Reserve wheels; and (b) not designed for permanent Means land dedicated as a reserve, or granted in attachment to land but designed for attachment to trust, under the Land Act 1994 and for which the a motor vehicle and for use for residential local government is a trustee under that Act and purposes. other land held in trust by the local government (3) In addition, a “caravan” is a self-propelled which the local government has, by resolution, set vehicle— (a) that— (i) is designed to be used both apart for recreational or environmental purposes, as a vehicle and for residential purposes; or (ii) was and includes land designated as a reserve in the designed to be used solely as a vehicle but has planning scheme of the local government. been modified to be suitable for use both as a vehicle and for residential purposes; and (b) that, as originally designed, was capable of being registered under a law of the State about the use of vehicles on public roads.

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Council Agenda No. 8 Page 205 Monday 9 May 2016 Local Laws cont.

Table 2: Suggested Amendments to Local Laws

LOCAL LAWS CURRENT REQUIREMENTS SUGGESTED AMENDMENTS

Local Law No. 1 Schedule 2, Part 2, (d) operation of Include a definition for the operation of a (Administration) caravan parks means to operate, on a Campground and a set of triggers for where 2011 commercial basis, a place for parking and Council operates or where an expression of residing in caravans, including a place that interest is called based on a Needs Assessment. provides also for complementary accommodation. Subordinate Local Under the current definition, a Camping A ‘Camping Ground’ should be amended to be Law No. 1.6 Ground is defined in a similar way to that defined as “in areas remote from other (Operation of of a caravan park, with slightly less development (including caravan parks and Camping Grounds) mandatory facilities and more suited to camping grounds that are licensed)” 2011. school camps and bunk accommodation, this includes: On land below the Q100 flood line, a risk assessment and management plan can be • A ‘camping ground’ requires on-site provided and where adequate evidence exists sewerage that a risk management plan can ensure user • It cannot be on land below the flood- safety and timely evacuation such a site may line be considered for a Campground. Schedule 1 (m) requires - the operator must provide and maintain adequate Schedule 1 (m) reworded to: toilet, bathing and showering facilities for A Camping Ground allows for toilets, water persons of both sexes (including disabled and a dump point, but not for more than one persons) using the camping ground, powered site, and should not include kiosks including: and or communal facilities. • at least 2 showers or baths for each sex, • Toilets should be centrally accessible to for every 15 individual camp sites sites, in an obvious location, and screened • at least 1 hand basin for every 4 shower from all campsites. A rate of one toilet to cubicles (or baths) for each sex; and every 20 sites is suitable. The ratio of • for water closets—for every 12 female toilets to male toilets to urinals is individual camp sites (within the 3:2:1. camping ground) for males—at least 2 • Communal toilet and / or dump point water closet pedestals and 0.9 metres facilities are located within 200m, but no of urinal stall; and for females—at least closer than 6 metres, of every 4 water closet pedestal; and caravan/campervan/ motorhome or tent • all toilet and ablution facilities must be area. provided with reticulated water and ablution facilities must have reticulated The facility does not need to be connected to hot and cold water provided to all the sewerage system but must provide shower cubicles and hand basins adequate toilet facilities (either septic, pump- toilets located at least 6m, but no more out or composting). Unauthorised dumping of than 100m from any camp site black or grey water is illegal and subject to a fine.

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Council Agenda No. 8 Page 206 Monday 9 May 2016 Local Laws cont.

Table 3: Suggested Amendments to Local Laws continued

LOCAL LAWS CURRENT REQUIREMENTS SUGGESTED AMENDMENTS

Subordinate Local Each site must have a well-drained surface, and must not Discuss alterations to these Law No. 1.8 be situated on flood-prone land; Toilets facilities must be requirements with local caravan (Operation of provided, using the following ratio for guidance: parks based on Statewide Caravan Parks) • For 40 sites or less, 1 pedestal for every 7 sites should amendments to the 1997 Design 2011. be provided for female occupants and 1 pedestal for Guideline for Caravan Parks. every 10 sites should be provided for male occupants, and a 0.6m urinal should be provided for every 20 sites; and • For every 15 sites exceeding 40 sites, an additional pedestal should be provided both for male and female occupants and a 0.6m urinal should be provided for every 20 sites; • Separate ablution facilities for each gender must be provided in the ratio of 1 shower (or bath) and hand basin to every 15 sites; and all toilet and ablution facilities must be provided with reticulated water and ablution facilities must have reticulated hot and cold water to all shower cubicles and hand basins Subordinate Local Multiple pets are allowed on multi-residential premises The definition of multi-residential Law No.2 Animal or allotment with an area over 450m2. No specific premises in SLL No.2 could Management reference is made to caravan parks, but they are not include a reference to caravan excluded from the multi-residential premises definition parks. so pets are allowed.

Toowoomba Region Recreational Vehicle Strategy 22

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Council Agenda No. 8 Page 207 Monday 9 May 2016 Local Laws cont.

Table 4: Suggested Amendments to Local Laws continued

LOCAL LAWS CURRENT REQUIREMENTS SUGGESTED AMENDMENTS

Subordinate Local “Sleeping, occupying or remaining overnight in a park or The Subordinate Local Law needs Law No.4 Local reserve is restricted in all parks and reserves within the to reference the recommended Government local government area – Register of Campgrounds in Controlled Areas Permitted only with the written authorisation of the chief which overnight camping is Facilities and executive officer of the local government.” permitted, and ensure clear Roads 2011 signage is provided at these (Section 5, locations. Written authorisation Schedule 2, 4(b)) could be permitted by the CEO or delegate. Subordinate Local “Camping, sleeping, occupying or remaining overnight in “Camping, sleeping, occupying or Law No.4 Local a caravan or complementary accommodation at a remaining overnight in a caravan Government caravan site at a local government caravan park is or complementary Controlled Areas permitted only if - (xii) the person undertaking the accommodation at a caravan site Facilities and activity limits the conduct of the activity to a maximum of at a local government caravan Roads 2011 21 nights in any 12 month period.” park, showgrounds, or (Section 5, campground is permitted only if - Schedule 2, 5(b), (xii) the person undertaking the xii) activity limits the conduct of the activity to a maximum of 21 nights in any 12 month period.” Subordinate Local “Camping, sleeping, occupying or remaining overnight at The Subordinate Local Law needs Law No.4 Local a camp site at a local government camping ground” to reference a time limit: Government “is permitted only if - the person Controlled Areas undertaking the activity limits the Facilities and conduct of the activity to a Roads 2011 maximum of 21 nights in any 12 (Section 5, month period.” Schedule 2, 8(b))

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Council Agenda No. 8 Page 208 Monday 9 May 2016 3.4 Planning Scheme

Definitions Campground The inclusion of definitions in the Planning Scheme for Where a site can demonstrate a need for greater each camping option is critical to the governance and maintenance and provision of amenities, Council could compliance of the sites. consider designating the sites as a Campground.

The following section identifies suggested definitions Basic Caravan Park to be included in the Planning Scheme, as follows: Where a park can demonstrate it operates with a clear ¾ Bush Camp seasonal peak, Council could consider a seasonal fee ¾ Campground structure that recognises the use of water, sewer and ¾ Basic Caravan Park sullage differs in the seasons and charges could be applied accordingly. Further, Council could consider Bush Camp providing Caravan Parks with the option to ‘close’ an Where a site is located away from residential areas area seasonally and not charge fixed provision fees for and offer limited amenities on site, Council could water, sewer and sullage during dedicated closure consider designating the site as a Bush Camp. periods.

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Council Agenda No. 8 Page 209 Monday 9 May 2016 3.5 Guiding Principles

Developing the RV strategy for the Toowoomba region Transparency required the identification of guiding principles that Site management and procedures must be clearly were required to achieve the vision. These guiding outlined and policies must be implemented to ensure principles are outlined subsequently: transparency in all decision-making moving forward. Items to be addressed include site assessment, site Signage compliance, and overflow management. Sites need to be clearly marked and consistent across the region. Wayfinding signage must be strategically Diversity of Options placed and should easily direct traffic to the site. The overnight sites available to the public must be Signage on-site should identify the terms of use and comprehensive and provide a diverse range of options penalties for unauthorised use. so as to appeal to broad audience. The options must also be of a standard quality and well cared for. The Safety variety of options will create a diversity of experiences Sites must be safe for those staying overnight and to RV travellers in the Toowoomba region. appeal to safe road users. The sites should be maintained regularly so that the site manifests itself as Sense of Place a clean and safe environment. Overnight sites should support and sustain a sense of community in each place. The Toowoomba region will Environmental Protection become acclaimed for its camping options and visitors Sites should be managed and maintained so as to will remember their experiences with fondness. protect the environmental and cultural assets and values. Overnight locations should be managed in a Balance Commercial and Consumer Need way that ensures the health and wellbeing of the Commercial caravan parks are important to the local people staying in them while ensuring environmental economy and a balance between the camping options values are not compromised. Healthy environments available must be attained to encourage the greatest will facilitate long-term sustainable use of the sites for offerings to visitors. all to enjoy. Manage Quality and Standard Support the Economy Offering quality camping experiences to a variety of Sites should be located near communities encouraging markets and ensuring site rules are enforced are vital visitors into the local businesses supporting the to Council’s approach to RVs being well-received by communities and their economies. the users.

Pet Friendly Maximize the Visitor Economy Sites should be welcoming to animals and allow The camping options need to maximize the visitor visitors to have pets with them so long as they are economy and facilitate memorable experiences kept on a lead and abide to local regulations. throughout the Toowoomba region. The visitor’s whole experience influences their perception of the region and can determine if they choose to return in the future.

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Council Agenda No. 8 Page 210 Monday 9 May 2016 4 RECOMMENDATIONS

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Council Agenda No. 8 Page 211 Monday 9 May 2016 Recommendations

The Way Forward The guiding principles set out in the previous section provide the basis for the approach recommended for the Toowoomba region. The recommendations are grouped into four sections, outlined below. These recommendations provide the basis for achieving the Toowoomba Region RV Strategy Vision:

To provide RV travellers in the Toowoomba region with a range of camping options from bush camping to caravan parks that meet the needs of travellers, are easy to find, safe to use, and maximise the value to the traveller and the community, without compromising the region’s environmental or cultural values.

A Governance & Management C Site Management

Governance is the cornerstone to the successful The RV Strategy recognises that sites evolve over time, management of camping options. A transparent as to users expectations. With this in mind it is decision-making process is needed, that engages the important that sites are managed as part of a community and RV users, encouraging visitors to travel spectrum of camping options across the region, and to and stay in the region. Underpinning this needs to considering the options provided in neighbouring be a management process that is consistent, regions. This begins with a clear definition of where predictable and efficient supported by an agreed legal each site is placed in the camping options spectrum framework. It is recommended that Toowoomba and what facilities and use guidelines are appropriate establish a Regional Camping Reference Group and for that site (maintained in a Sites Register). In seven Local Camping Reference Groups serving to addition, each site has potential enhancements that oversee the RV Strategy and provide asset managers can be funded over time. An annual review of sites is with the tools required to provide a consistent needed to ensure they continue to meet the needs of outcome. the community and users or if capacity needs to be constrained due to excessive use. B Legal & Policy Framework D Marketing & Communication

Amendments are required to the current Local Laws Promoting the camping options available throughout and Subordinate Local Laws to provide a consistent the Toowoomba region is essential to further range of camping options and to provide the necessary developing the RV market. The provision of accurate tools for enforcement. In addition, a range of site information on the Toowoomba Regional Council supporting policies and procedures are needed to website is necessary. Clear and effective signage is guide the application of the Planning Scheme, the also required to direct RV visitors throughout the enforcement process and the management of sites region and will complement information available over time as needs and circumstances change. online. This needs to be delivered both through It is recommended that in addition to a range of minor Council’s website and communication channels as well amendments to the Local and Subordinate Local Laws, as through partners channels including the Regional the following policy and procedure documents be Tourism Organisation, RACQ, industry and user developed: a Site Assessment and Needs Assessment groups. Template, Register of Camping Locations, a Design & Some recommended enhancements include website Management Guide to Bush Camps and Campgrounds content, a touring map and App (as part of wider (including outsource arrangements) and a Managed Council App), and signage. Overflow Policy. Toowoomba Region Recreational Vehicle Strategy 27

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Council Agenda No. 8 Page 212 Monday 9 May 2016 4.1 Governance & Management

Governance Regional Camping Reference Group The structure proposed to ensure transparency and Develop a Regional Camping Reference Group effective implementation of the RV Strategy is the (RCRG). This group will guide the implementation of establishment of a local and regional groups. This will the RV Strategy and guide the delivery of camping enable engagement at all levels and encourage options across the region, reporting as required to involvement in administering the camping options Council. throughout the region. Governance arrangements should be reviewed after the first year to discuss the The RCRG should consist of 4-5 people and will efficacy of the model. When issues are raised, they oversee the structure of the overnight camping should first go to Tourism & Events to determine if options throughout the region and should include they can be resolved internally with the asset owner. If the following: not, the issue is then passed on through the hierarchy ¾ Toowoomba Regional Council CEO or delegate; of governance. ¾ Industry Representative (Caravan Parks Association); Figure 10: Hierarchy of Governance ¾ User Representative (CMCA); ¾ Business Representative. Toowoomba Regional The RCRG will also be responsible for assessing the Council cumulative flow-on impact of the sites.

Local Camping Reference Groups Develop seven Local Camping Reference Groups (LCRG) in the following communities to report to Regional Camping the Regional Camping Reference Group. The Reference Group following seven communities are suggested so as to correspond with the boundaries by which the Community Liaison Officers (CLO) operate within: ¾ Toowoomba; Local Camping ¾ Clifton; Reference Groups (7) ¾ Pittsworth; ¾ Millmerran; ¾ Oakey; Management ¾ Crows Nest; and, The RCRG and LCRG’s provide the first stage of the ¾ Yarraman. management process. Each group needs a high level These LCRG’s are to meet ‘as-needed’ when new Terms of Reference, and an appeals process is needed location referrals are submitted or amendments to for decisions from both groups. existing arrangements are suggested. Submissions are to be made by the public through Council’s All new site proposals moving forward will be internal Pathway platform. The LCRG’s will most discussed by the LCRG’s and then by the RCRG. This likely meet a few times a year and should include process will include a needs assessment to determine the relevant CLO. the need of the site based on occupancy, offer and a cost benefit analysis. Submissions in Pathway will prompt the CLO to organize a LCRG meeting to discuss the request for Council staff implementing the RV Strategy will rely on permanent use of a space. The LCRG will then follow the Legal Framework (see over) and the management the guidelines identified in this strategy, which tools outlined to provide day-to-day management of begin at the private sector and then move to the the camping options spectrum. public sector.

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Council Agenda No. 8 Page 213 Monday 9 May 2016 Governance & Management

Table 5: Action Plan for Governance & Management Recommendations

ACTION ITEM RESPONSIBILITY COMPLETION BY

Develop a Regional Camping Reference Group Tourism and Events July 2016 including a high level terms of reference Develop a Terms of Reference for seven Local Camping Reference Groups and call for Tourism and Events September 2016 nominations from the community and stakeholder organisations Host Workshop for RCRG & LCRG to inform Tourism and Events October 2016 and train newly appointed members Coordinate the first meetings of both the RCRG and the LCRGs to review the Sites Tourism and Events November 2016 Register Amend the definition of multi-residential premises in Subordinate Local Law No.2 to include a reference to caravan parks to Local Laws September 2017 support Caravan Parks to allow pets (including horses) onsite where practical.

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Council Agenda No. 8 Page 214 Monday 9 May 2016 4.2 Legal & Policy Framework

Creating a Camping Options Spectrum Why Offer Options? Toowoomba currently captures just 2% of the An increasing number of travellers are looking for a camping market to Queensland, this share could broader range of options, many of whom are grow by offering a broader range of camping travelling on the road with their own facilities. The options. The current legal framework for managing provision of camping options enables the visitor a camping in the Toowoomba region needs to be choice and encourages a longer stay in the region, amended to provide a consistent approach. Figure thus increasing the opportunity to spend money and 10 outlines the recommended Camping Options support local businesses in the community. Spectrum for Toowoomba Regional Council.

Figure 11: Recommended Camping Options Spectrum Subordinate Local Law 1.8 Local Law 4 Subordinate Design Guidelines provided (Tourist Camping in Parks and Local Law 4 Park in Planning Scheme) no clear Reserves prohibited Maximum Stay 21 Subordinate Local Law 1.6 ‘Overflow’ Policy defined (relies on unless signed. nights in 12 months Campgrounds facilities defined Secondary Use of Trust Land PUX/901/209)

Council Managed Commercial / Outsourced National Park Rest Areas Bush Camps Needs Assessment required, Expression of Interest required, Caravan Park Managed under Requires definition in management and design management and design Campground Work with industry to DTMR Rest Local Law 4 and under guidelines needed guidelines needed Managed under QPWS review facilities Areas Policy the Planning Scheme Design Guidelines requirements and and additional limitation Campgrounds define an ‘Overflow‘ on stays Amend Subordinate Local Law 1.6 to redefine the facilities requirements policy to align with National Parks Design Guide

Denotes proposed new camping options for Toowoomba region

Summary of Recommended Amendments To provide for a consistent approach and the addition of new enforceable camping options in the Toowoomba region, the following amendments and additions are recommended:

¾ Amend Subordinate Local 4 to include definitions for ‘bush camps’ and ‘campgrounds’ limiting stays in bush camps to 7 nights and campgrounds to 21 days; ¾ Amend Subordinate Local Law 1.6 to align the facilities required to that of National Parks; ¾ Amend Subordinate Local Law 1.6 to provide a trigger for the creation of a management process that uses a Needs Assessment and decision by Council to either manage a campground in-house or trigger an outsource arrangement with supporting policy; ¾ Prepare a ‘Campground Design & Management Policy’ with guidelines on site design; ¾ Create a sites register linked to Subordinate Local Law 1.6 to list all bush camps and campgrounds on Council land under the Queensland Caravan Park Policy (PUX/901/102); ¾ Create an addendum to the Planning Scheme to allow for Campgrounds to be developed; and ¾ Amend the Local Laws (Subordinate Local Law No.2 Animal Management) relating to multi-residential sites to define caravan parks as multi-residential sites that permit pets.

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Council Agenda No. 8 Page 215 Monday 9 May 2016 Legal & Policy Framework

Through the Industry Forum hosted by Toowoomba Campgrounds Regional Council on 5 November 2015, the following A campground is a site designed to provide a ‘National definitions and guidelines were proposed and Park’ style camping experience with basic facilities for discussed in creating a spectrum of camping options travellers seeking an overnight stay (up to 7 nights). throughout the Region. Four camping option They offer more facilities than a Bush Camp, can be categories were identified for Council operated located closer to commercial caravan parks (where overnight camping sites (See Site Audit on page 40): need has been established) but less facilities than a commercial caravan park. Fees can be charged and sites can be managed by Council or a third party on Rest Areas / Fatigue Management Sites behalf of Council. Rest Areas are sites designed for fatigue management and should follow the best practice guidelines Sites suggested to operate under these categories provided by the State with minimal facilities for include: Clifton Rec Grounds, Nobby Town Park, travellers to take a break from the road to get some Swinging Bridge, Bowenville Reserve, Cambooya and rest. These sites are located adjacent to a main road Cressbrook Dam. The classification of these sites will and should have a maximum stay of 20 hours. be determined by the results of the Expression of Signage at the site identifying the location as a rest Interest (EOI) process, outlined below. stop is the only necessary feature for this category. ¾ Council Managed Campground Sites suggested in this category include: Apex A site classified as a Council Campground can operate Park/Cecil Plains Weir, Chapman Park (Hampton VIC), either free of charge or be managed by a community Ravensbourne Rest Area, Federation Park group collecting a nominal fee for cost recovery as (Maclagan), and Federation Park (Vale View). determined through an EOI process. These sites should offer, at minimum, toilets, water (potable or non-potable), designated sites, shelter and where Bush Camps possible a dump point. A site classified as a Bush Camp is generally located in a rural area away from any main travel routes. They ¾ Commercial / Outsourced Campground have minimal features and serve to provide a safe A site classified as a Commercial Campground can place to enjoy a wilderness setting. These sites charge a fee and are managed by an entity selected should be a minimum distance of 15km from the through an EOI process. These sites should offer nearest Caravan Park. Bush Camps are free of charge common amenities such as water and toilets as well as and should provide access to water. Water can be one emergency power outlet. either potable or simple rain water, so long as it is appropriately signed. Caravan Parks It is recommended that the design guidelines Bush Camp sites are intended for longer stays, suggested in Subordinate Local Law 1.8 should be depending on the needs of the user. Each site should discussed with the Caravan Park industry (through be clearly signed with a time limit of 7 days. Sites Caravanning Queensland) as part of a proposed state- suggested to operate under this category include: wide review. Yarramalong Weir, Passmore Reserve, and Boodua Site operating under this category should comply to Reserve. the same standard as any other caravan park. Sites suggested to operate under this category include: Cecil Plains Caravan Park and Jondaryan Woolshed.

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Council Agenda No. 8 Page 216 Monday 9 May 2016 Figure 12: Toowoomba Region’s Camping Options Spectrum

CAMPING OPTION LENGTH OF STAY FEATURES COST GOVERNANCE

FATIGUE • Local Laws 20 hours • Signage Free MANAGEMENT • State Legislation

• Signage • Water • Local Laws BUSH CAMP 7 nights • Minimum of 15km Free • Planning to nearest Scheme Caravan Park

• Needs Free Assessment • Signage required COUNCIL MANAGED 7-21 days • Water OR CAMPGROUND • Bins • Local Laws Nominal Fee • Planning Scheme

• Local Laws • Signage • Planning • Water COMMERCIAL / Scheme • Bins As Per the OUTSOURCED 21 days • Toilets Operator CAMPGROUND • Expression of • Emergency Power Interest Point • Annual Review

• Local Laws COMMERCIAL As Per the • Planning As Per the Operator As Per the Operator CARAVAN PARK Operator Scheme • State Legislation

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Council Agenda No. 8 Page 217 Monday 9 May 2016 Legal & Policy Framework

Local Law 4 Assessment of Need In addition to the recommended changes on pages There needs to be a trigger in the Local Law for 20-21 to the wording of the Local Laws, the following assessment of need, this will help to determine if amendments are recommended to deliver an proposed sites in the future are permitted. A effective RV Strategy for the Toowoomba region: Template Form for Site Assessment has been developed (see Appendix C).

Register of Camping Locations Design and Management Guide The development of a Register of Camping Sites The Planning Scheme provides the necessary legal operated by Council to accompany Local Law 4 will triggers for site management, to ensure consistency provide formal recognition of the sites. design and management of campgrounds it is recommended Council prepare a guide with case Including the list of sites in a Register attached to the studies / examples to assist proponents and Council’s Local Law, as opposed to being in the Local Law, Planning department in better assessing proposed enables amendments to be made as required sites, designing Council managed sites and managing without amending the Local Law. contracts with third party providers.

Planning Scheme Additions Caravan Parks Recognising that the Queensland Planning Policy A review of the caravan Park Facilities Guide (1997) (QPP) guides the use categories allowed in local should take place by the industry to better reflect planning schemes, it is recommended that the current market; while at a local level, a review of Toowoomba Regional Council’s planning scheme be compliance and fees outlined in the Local Laws supported by an addendum to the ‘tourist park’ and should ensue. Council regulations could consider ‘fishing reserve’ uses to allow for planning guidance seasonal rates for Caravan Parks as well as the co- for bush camps, campgrounds and basic caravan location of a campground adjacent to a commercial parks (see page 23) caravan park (if the application is from the same operator). Definitions A selection of new definitions, as defined in Section Pet Friendly Caravan Parks 3.4, should be included in the Local Law, including The Local Laws already allow for pets in Caravan Bush Camp, Campground and Basic Caravan Park. Parks, a planning brief for caravan parks is needed to inform them of what is allowed. Managing Overflow A policy that outlines how to manage overflow is an integral part of this RV Strategy (see Appendix B). The purpose of an overflow policy is to provide overflow facilities within the region that will accommodate additional numbers of camping visitors when permanent caravan parks and camping facilities are operating at or near capacity.

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Council Agenda No. 8 Page 218 Monday 9 May 2016 Bush Camp

Table 6: Suggested Bush Camp Definitions Input into the Planning Scheme

PERFORMANCE OUTCOMES ACCEPTABLE SOLUTIONS

INFRASTRUCTURE

Site Area

PO1 The site is appropriately located away from AO1 Located within a Limited Development Zone. residential areas. PO2 The site is of a size and configuration capable of AO2 An agreed number of sites is set out, each tent site is a accommodating: minimum of 40m2and each Caravan/Campervan/Motorhome site has a minimum of a) Caravans, motorhomes and tent areas; and 75m2 with an average of 100m2 b) Natural buffer areas

Design of Sites

PO3 Individual camp areas are designed with limited AO3 No acceptable solution. amenities so that they are used primarily for short term accommodation. Access PO4 Campground access, vehicle parking, and AO4 Vehicular access is limited to one major entry/exit located associated manoeuvring areas are sufficient to on the lowest order road frontage. accommodate the expected vehicle traffic in terms of vehicle types, numbers and frequency without compromising safety. PO5 Internal road design does not compromise the AO5 Internal roads/areas facilitate unobstructed access to every safety of park users in the event of an emergency. site and building by emergency services vehicles. Refuse Collection

PO6 The provision of a central refuse collection area is AO6 Any refuse stored in weather-proof and securable not required. receptacles to prevent them from attracting vermin and wildlife.

Treatment and disposal of effluent PO7 The disposal of effluent does not result in AO7 No acceptable solution. environmental nuisance or contamination of surface or ground water.

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Council Agenda No. 8 Page 219 Monday 9 May 2016 Campground

Table 7: Suggested Campground Definitions Input into the Planning Scheme PERFORMANCE OUTCOMES ACCEPTABLE SOLUTIONS

Site Area

PO1 The size is appropriately located to provide AO1 No acceptable outcome is provided. campground users with access to tourist attractions, community facilities and infrastructure. PO2 The site is of a size and configuration capable AO2 The site is at least 0.5ha in area. of accommodating: a) Caravans, motorhomes and tent areas; b) Landscape buffer areas; and c) Servicing requirements such as waste storage and collection areas.

Design of Sites

PO3 Individual camp areas are: AO3 No more than one powered site. a) Designed and equipped to ensure 1 orderly and convenient use and servicing; AO3 The area allocated to accommodate each caravan, b) Adequate in size and dimension to 2 campervan, motorhome or tent is clearly marked (and accommodate the intended use, having numbered if bookable). regard to length of stay and varying AO3 If a caravan/campervan/motorhome site, each site has a styles and sizes of vehicles and 3 minimum of 75m2 with an average of 100m2. accommodation; and c) Are designed with limited amenities so AO3 If a tent site, each site is a minimum of 40m2. that they are used primarily for short 4 term accommodation. Infrastructure PO4 The use is provided with basic communal toilet AO4 Communal toilet and / or dump point facilities are and / or dump point facilities that are based 1 located within 200m, but no closer than 6 metres, of on the: every caravan/campervan/ motorhome or tent area. a) Number of projected site users without self-contained vehicles; b) Frequency of use during peak and quiet AO4 Toilets should be centrally accessible to sites, in an periods; 2 obvious location, and screened from all campsites. A rate c) Need to provide for specific groups such of one toilet to every 20 sites is suitable. The ratio of as people with disabilities or parents female toilets to male toilets to urinals is 3:2:1. with children; Toowoomba Region Recreational Vehicle Strategy 35

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Council Agenda No. 8 Page 220 Monday 9 May 2016 Basic Caravan Park

Table 8: Suggested Basic Caravan Park Definitions Input into the Planning Scheme PERFORMANCE OUTCOMES ACCEPTABLE SOLUTIONS

Water Supply Objective: Residential park occupants are provided with a water supply maintained to a good standard. P1 Any water supply point which provides water not suitable for S1 No acceptable solutions specified. drinking must be labelled ‘unsuitable for drinking’ and & provided with child-proof taps. S2 P2 Potable water supply points are provided within a convenient walking distance of every occupancy site and within all toilet and ablution buildings. If a reticulated water supply is not available, arrangement are made for the supply of potable water. P3 All taps, water pipes, fittings and appliances are connected to S3 All taps, water pipes, fittings and appliances the public water supply system or a treated water system. complying with the requirements of the Standard Water Supply Law and the Australian Standard, AS 3500.1 – National Plumbing and Drainage Code P4 Water supply is able to cope with fire-fighting demands. S4 No acceptable solution specified for performance criteria. Sewage and Sullage Objective: To provide a safe disposal of sewage and sullage. P1 Residential parks are connected to the Local Government’s S1 On-site treatment and irrigation conforming to sewerage system. If the Local Government sewerage the Code of Practice for On-Site Waste Water system is not available, arrangements are made for the Management and any requirements of the treatment and disposal of sewage and liquid waste. A Queensland Department of Environment license is required from the Queensland Department of Environment before discharge of wastes to State waters commences. P2 Liquid waste disposal (sullage) points are provided at S2 A liquid waste disposal point is provided within convenient locations around the property. Each has a 30m of any site. The disposal point is provided water stand pipe to ease regular cleansing of paved area with a water stand pipe in an impervious paved and backflow prevention device. area of at least 1m x 1m (Part 2 Camping Grounds of the Health Regulations 1996) graded to a central drain connected to a sewerage system. P3 Council gives recognition of the seasonal nature of utility S3 No acceptable solution is provided. usage and provides a calculation for peak and off-peak season sewerage and sullage and charges according to average use in these seasons not at peak usage. Toowoomba Region Recreational Vehicle Strategy 36

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Council Agenda No. 8 Page 221 Monday 9 May 2016 Legal & Policy Framework

Table 9: Action Plan for Legal & Policy Framework Recommendations

ACTION ITEM RESPONSIBILITY COMPLETION BY Amend Local Law 4 to include: • Proposed Definitions • Register of Camping Locations Local Laws July 2016 • Site Assessment Template • Managed Overflow Policy Minor Amendments to Local and Subordinate Local Laws (see pp20-21) to support the camping options spectrum including: ¾ Amend Subordinate Local 4 to include definitions for ‘bush camps’ and ‘campgrounds’ limiting stays in bush camps to 7 nights and campgrounds to 21 days; ¾ Amend Subordinate Local Law 1.6 to align the facilities required to that of National Parks (see over page); ¾ Amend Subordinate Local Law 1.6 to provide a trigger Local Laws April 2017 for the creation of a management process that uses a Needs Assessment and decision by Council to either manage a campground in-house or trigger an outsource arrangement with supporting policy; and ¾ Create a Sites Register linked to Subordinate Local Law 1.6 to list all Bush Camps and Campgrounds on Council land under the Queensland Caravan Park Policy (PUX/901/102).

Provide an addendum to the Planning Scheme to define Bush Camps, Campgrounds and Basic Caravan Parks. This Strategic Planning and would be supported by a Design and Management Guide April 2017 Economic Development with examples of application of the scheme changes and guidelines for enforcement officers to use for compliance

Design and install new signage at all sites managed by Council reflecting the new length of stay provisions and Parks and Recreation Services October 2017 the site definition to align with material online Assess the priority of additional infrastructure suggested Parks and Recreation Services As needed on page 40 and implement accordingly

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Council Agenda No. 8 Page 222 Monday 9 May 2016 4.3 Site Management

Site Register Community Partnerships & Council Owned A Site Register (based on the Site Audit, see page 40) Campgrounds should be maintained, and linked through Council’s Council should work with community groups to online portal Pathways to issues of compliance and manage Council owned campgrounds collecting a enforcement. nominal fee. Outsourcing site governance and fee collection to community groups will reduce costs to Council and increase community ownership of the site, Economic Development enabling re-investment of the fees directly into the The sites should be located strategically to best community. support local economic development. When new sites are proposed, their proximity to town should be This is currently being practiced at Nobby and should considered. serve as a prime example. The Nobby Heritage and Progress Association have a MOU with Council, they A 12 month trial of a receipts box is suggested for all collect a nominal fee for access to power. The sites to measure the economic impact. Visitors are community organisation is then able to reinvest the encouraged to place their receipts from local shops in revenue into the community as outlined in the the box to assist Council in quantifying the economic Agreement with Council. impact of each site. Expressions of Interest & Commercial/Outsourced Campgrounds Dump Points All sites categorised as Commercial/Outsourced Dump points should not be installed away from Campgrounds need to be put on the market through existing pump-out locations and should always be an Expression of Interest process. The length of the connected to the sewer to offset ongoing tenure can be decided by Council, however, an annual maintenance costs. These locations need to be review is required. dispersed throughout the region and promoted. CMCA should be approached to consider a partnership with Needs Assessments Council in the delivery of two or three new dump From the consultation it is clear that a number of points throughout the region. Opportunities have Needs Assessments are required. It is recommended been outlined in the Site Audit (Appendix A). that the relevant Local Camping Reference Groups be engaged to participate in the Needs Assessments for with the Local Camping on Federation Park, Walpole Managed Overflow Park (see example on page 38), Passmore Reserve, Feedback from caravan park operators and the Visitor Nobby and Boodua Reserve. Information Centre is that overflow arrangement are rarely required. The main reasons for them to date Two additional sites were suggested at the Industry have been RVs too large for a caravan park (e.g. Forum (Greenmount Recreation Reserve, Crows Nest Oakey), travelling with pets (e.g. Toowoomba) and Sales Yards), Needs Assessments should be conducted peak demand (e.g. Carnival of Flowers) and these have for these. been rare. A process to manage overflow (see over) is required, but should not be too formalised. The asset owner and/or manager must also be involved in this process. When sites are being considered for either temporary or permanent closure, the needs assessment process should be applied in reverse.

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Council Agenda No. 8 Page 223 Monday 9 May 2016 Managed Overflow

Toowoomba Regional Council will require an ¾ If no host has been appointed for an overflow overflow policy that can be applied during peak camping facility, a Toowoomba Regional Council seasons and when major events are taking place. ranger could be appointed to resolve any unforeseen problems and be responsible for day- Purpose to-day supervision of the facility. After-hours The aim is to offer an alternative to camping in a rest contact could be available with the host or the area by providing a safe camping environment for ranger. Toowoomba Regional Council could visitors while protecting the viability of permanent delegate authority to a volunteer ranger provided facilities. they are given reasonable training. Any established temporary seasonal overflow ¾ Fees for camping at overflow facilities could be arrangement would need to adhere to an agreed determined in accordance with Toowoomba overflow policy that is linked to the temporary use Regional Council annual schedule of fees and conditions of the Queensland Planning Provisions charges. (QPP). Recommendations for Implementation Guidelines Make overflow management a role for Local The following guidelines are intended only for Camping Reference Groups: Communities that camping arrangements; they have no provisions for regularly experience peak seasonal demand and recreational facilities, cabins or self-contained require overflow arrangements could make overflow temporary accommodation: management an agenda item at their Local Camping Reference Group. The Group should meet at least 6 ¾ The trigger for commencing overflow months prior to the seasonal peak to discuss and arrangements rests with Toowoomba Regional agree on the protocols to be used during the peak. Council after consultation with all commercial caravan parks. Identify the sites at least 6 months in advance: The ¾ Where no vacancies are available at existing LCRG should identify locations to be used for caravan parks within a 15km catchment, including overflow at least 6 months in advance to provide approved overflow sites within licensed caravan enough time for those sites to comply with the town parks, Toowoomba Regional Council may planning scheme. authorise the operation of overflow camping grounds at suitable locations with preferences for Take a regional approach: Establish a regional the release of sites. approach to managing travellers during seasonal ¾ Where a suitable site cannot be found because of peak visitor periods through feeding the results of the size of the vehicle or some other determinant the LCRG meetings into the Regional Camping (e.g. travelling with pets, including horses), Reference Group (RCG). In that way, towns should Toowoomba Regional Council may authorise be aware of what nearby towns are offering. operation of overflow camping grounds to avoid pushing users on to other towns where that is Create an online booking system: Council could perceived as a safety risk. consider developing a standard online booking ¾ The maximum stay at an emergency or at capacity system for overflow sites. The most effective overflow camping facility could be 7 consecutive solution would be regional or state-wide. The current days. A camper may be allowed to book an booking system operated by the Queensland overflow site only if there is a reasonable belief Department of National Parks, Recreation, Sports within Toowoomba Regional Council that there and Racing could provide a model for the basis of any are no available spaces in the licensed caravan booking. parks, in safe travel proximity.

Toowoomba Region Recreational Vehicle Strategy 39

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Council Agenda No. 8 Page 224 Monday 9 May 2016 Example Needs Assessment of Walpole Park, Millmerran

Walpole Park is currently offered as a free overnight Following the Queensland Camping Options Toolkit, option for RVs visiting Millmerran. this example Needs Assessment would then be followed-up with a Cost Benefit Analysis. The community features a commercial caravan park offering unpowered sites for $25.00 as well as the Considering the availability of camping options Showgrounds offering camping for $20.00 per night, within Millmerran, it is suggested that this site be these locations are less than 2kms away from reverted back to day use. Walpole Park.

Infrastructure on site includes bins, picnic tables and shelter.

Table 10: Walpole Park Needs Assessment

Do any of Is there a Do any of these the Are any of the commercial Nearest commercial sites commercial commercial sites Are pets Overnight Site Location park within Caravan Park have unpowered sites charge suitable for the allowed? 5km? camp sites? less than $20 market? (or $25) Millmerran Village Caravan Yes, Walpole Park Millmerran Park & 2km Yes $25.00 Yes on a lead Millmerran Caravan Park

Toowoomba Region Recreational Vehicle Strategy 40

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Council Agenda No. 8 Page 225 Monday 9 May 2016 Site Audit

Table 11: Site Audit of Current Toowoomba Regional Council Overnight Locations

CURRENT TIME NEED NEAREST CARAVAN SITE PETS ALLOWED? LIMIT IDENTIFIED? PARK

Hampton VIC/Chapman Park 24 hours 9 11km 9

Jondaryan Woolshed Fee 9 20km 9

Bowenville Reserve 7 days 9 18km 9

Ravensbourne Rest Area 24 hours 9 15km 9

Cressbrook Dam 14 nights 9 19km ×

Swinging Bridge 48 hours 9 29km 9

Harland Park 24 hours 9 6km 9

Federation Park (Maclagan) 24 hours × 25km 9

Apex Park/Cecil Plains Weir 72 hours 9 1km 9

Cecil Plains Caravan Park Fee 9 45km 9

Walpole Park 72 hours × 2km 9

Yarramalong Weir 72 hours 9 25km 9

Clifton Rec Grounds 7 days 9 10km 9

Nobby Town Park 72 hours 9 18km 9

Federation Park (Vale View) 24 hours 9 10km 9

Passmore Reserve 72 hours × 29km 9

Boodua Reserve 72 hours × 22km 9

Cambooya Recreation Reserve 72 hours 9 19m 9

ADDITIONAL SITES PROPOSED AT INDUSTRY FORUM:

Greenmount Recreational Reserve n/a 9 28km n/a

Crows Nest Sales Yards n/a × 5km n/a

Toowoomba Region Recreational Vehicle Strategy 41

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Council Agenda No. 8 Page 226 Monday 9 May 2016 Site Audit cont. Table 12: Site Audit of Current Toowoomba Regional Council Overnight Locations PROPOSED SITE INFRASTRUCTURE NEEDED DESIGNATION Hampton Fatigue Management No Additional Infrastructure VIC/Chapman Park Cost Benefit Analysis to determine additional infrastructure required. Must comply to one of the following: 1) Council adopt a definition for ‘Basic Caravan Park’ Jondaryan Caravan Park 2) Council doesn’t adopt this definition and sites must comply to Woolshed planning scheme / building approvals 3) Site deemed as a ‘Campground’ and Council removes any infrastructure in excess of the definition Managed Bowenville Reserve Bollards to manage capacity Campground Ravensbourne To minimise erosion and to protect the trees, develop a concept plan to Fatigue Management Rest Area guide incremental improvements to improve safety, and amenity. Managed Cressbrook Dam Review to the compliance as a Caravan Park Campground Managed Swinging Bridge Toilets within 200m Campground There are 3 Fatigue Management sites within a 20km radius, Bollards to Harland Park Day Use be installed to manage use Federation Park Fatigue Management No Additional Infrastructure required (Maclagan) Apex Park/Cecil Fatigue Management No Additional Infrastructure required Plains Weir Must comply to one of the following: 1) Council adopt a definition for ‘Basic Caravan Park’ and sites comply Cecil Plains 2) Council doesn’t adopt this definition and sites must comply to Caravan Park Caravan Park planning scheme / building approvals 3) Site deemed as a ‘Campground’ and Council removes any infrastructure in excess of the definition Walpole Park Day Use Only No Additional Infrastructure required

Yarramalong Weir Bush Camp Bollards; Monitor site and review designation if use increases Managed Clifton Rec Grounds No Additional Infrastructure required Campground Managed Start with a Needs Assessment, if needed an alternative site needs to be Nobby Town Park Campground found for managed camping, in consultation with QR and DTMR. Federation Park Fatigue Management No Additional Infrastructure required (Vale View) No Additional Infrastructure required; Monitor site and review Passmore Reserve Bush Camp designation if use increases No Additional Infrastructure required; Monitor site and review Boodua Reserve Bush Camp designation if use increases Cambooya Managed Bollards to manage capacity Recreation Reserve Campground

Toowoomba Region Recreational Vehicle Strategy 42

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Council Agenda No. 8 Page 227 Monday 9 May 2016 Site Management

Table 13: Action Plan for Site Management Recommendations

ACTION ITEM RESPONSIBILITY COMPLETION BY Prior to developing a Managed Overflow Policy, ensure all Showgrounds operating Tourism and Events July 2016 arrangements allow for camping with horses Implement 12 month trial of receipt boxes at Strategic Planning & Economic July 2016 all sites Development Conduct a Needs Assessment with the Local Camping Reference Group on Federation Park, Local Camping Reference Groups December 2016 Walpole Park, Passmore Reserve, Nobby and Boodua Reserve Complete a Business Plan for the development of a Caravan Park and Campground at Tourism and Events December 2016 Jondaryan Woolshed Partner with community organisations interested in overseeing fee collection at Tourism and Events December 2016 Council Managed Campgrounds Encourage Local Camping Reference Groups to have an agenda item annually on overflow Community Liaison Officers November 2016 management and feed up into the RCG Infrastructure needs for each site need to be Tourism and Events December 2016 documented in the Site Register Organize Expressions of Interest for all Tourism and Events March 2017 Commercial/Outsourced Campgrounds Partner with CMCA to investigate the installation of 2-3 new public dump points Tourism and Events December 2017 throughout the region

Toowoomba Region Recreational Vehicle Strategy 43

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Council Agenda No. 8 Page 228 Monday 9 May 2016 4.4 Marketing & Communication

Effective promotion of Toowoomba’s Camping RV Friendly Options is critical to the success in attracting RV All eligible communities should become recognized as visitors to the region. The provision of complete and ‘RV Friendly’ as outlined in Section 2.1 of this report. A accurate site information will help visitors plan their review of which program suits each community along journey. with actions needed for eligibility is outlined at the end of this report (see page 48). Council Website Camping sites warrant a dedicated section on Designated Long Vehicle Parking Council’s website. Information online should identify The provision of better parking in towns with the terms and conditions of each site along with the designated spaces for long vehicles is conducive to a features and amenities available. A map showcasing welcoming environment. These parking locations need the location of each site and their allowable use would to be properly signed so as to promote their use and offer a visual tool that RV visitors can use. discourage illegal parking on side streets.

Signage Wi-Fi All existing signs should be replaced to better portray Wireless Internet should be added to communities a consistent layout use across the region. The signs throughout the region as this infrastructure is worthy should describe the site conditions and identify which of promotion and encourages visitors to stop and category of the Camping Options Spectrum the site is. spend time at each location.

Table 14: Action Plan for Marketing & Communication Recommendations

ACTION ITEM RESPONSIBILITY COMPLETION BY

Dedicated section for overnight camping on Stakeholder Engagement and June 2016 Council’s website Communication

Update Signage at all camping locations Parks and Recreation Services October 2017

Strategic Planning and Economic Obtain RV Friendly Status for all communities December 2016 Development Create designated long vehicle parking spaces Transport and Drainage Planning December 2016 throughout the region and sign accordingly Install Wi-Fi at key points of interest Strategic Planning and Economic December 2016 throughout the region Development

Toowoomba Region Recreational Vehicle Strategy 44

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Council Agenda No. 8 Page 229 Monday 9 May 2016 5.0 APPENDICES

Toowoomba Region Recreational Vehicle Strategy 45

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Council Agenda No. 8 Page 230 Monday 9 May 2016 A Audit: Dump Points

Table 15: Toowoomba Regional Council Dump Points

TOWN LOCATION COST

Cecil Plains Cecil Plains Rural Retreat Caravan Park Free

Clifton Rec Grounds Free

Millmerran Walpole Street Free

Oakey TRC Depot Free

Pittsworth Showgrounds Free

There are additional dump points located at commercial caravan parks throughout the region.

There is an opportunity to fill a gap by installing a public dump point North of Toowoomba for those travelling in that direction, the Crows Nest Depot offers great potential as it has good infrastructure connectivity. This dump point could be installed in a similar way to the dump point in Oakey, and presumably could be done at low cost to Council.

There is also opportunity to install a dump point in Toowoomba, possibly on the southern side near Harristown.

Toowoomba Region Recreational Vehicle Strategy 46

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Council Agenda No. 8 Page 231 Monday 9 May 2016 Audit: Showgrounds

Table 16: Showgrounds within the Toowoomba Region

TRUSTEE/OWNED BY TOOWOOMBA TOWN LOCATION MANAGED BY REGIONAL COUNCIL? Clifton Morton Street 9 Toowoomba Regional Council

Cooyar Cooyar-Rangemore Road × Cooyar Agricultural Society Crows Nest Agricultural Horticultural Crows Nest New England Highway × & Industrial Society Goombungee-Haden A H & P Society Goombungee Mill Street × Inc. Millmerran Millmerran Cecil Plains Road 9 Millmerran Show Society

Oakey Oakey-Cooyar Road 9 Oakey AP & R (Show) Society

Pittsworth Railway Street 9 Toowoomba Regional Council Royal Agricultural Society of Toowoomba Glenvale Road × Queensland

Toowoomba Region Recreational Vehicle Strategy 47

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Council Agenda No. 8 Page 232 Monday 9 May 2016 Audit: RV Friendly Destinations

Table 17: Eligibility to becoming an RV Friendly Destination

TOWN NAME TIMING OF RECOGNITION PROGRAM ACTIONS REQUIRED

Millmerran n/a RV Friendly Town Promote existing status

Signed RV Parking Community Welcomes Crows Nest February 2017 (William Street towards Esk Street RVs is a potential location)

Dump Point made free to everyone, Signed RV Parking Clifton March 2017 RV Friendly Town (Clifton-Leyburn Road is a potential location)

Signed RV Parking (Rail Line corridor along Bridge Street is a Oakey March 2017 RV Friendly Town potential location), Approach Commercial Caravan Park to develop a low-cost option

Signed RV Parking Community Welcomes Pittsworth February 2017 (Short Street is a potential RVs location)

Signed RV Parking Community Welcomes (Water Street, Station Street and Toowoomba February 2017 RVs Lindsay Street are potential locations)

Signed RV Parking Community Welcomes Yarraman February 2017 (Barr-Smith Street is a potential RVs location)

Toowoomba Region Recreational Vehicle Strategy 48

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Council Agenda No. 8 Page 233 Monday 9 May 2016 Audit: Motorist Rest Areas

Table 18: Queensland Motorist Rest Areas in the Toowoomba Region

MOTORIST REST AREAS Water Shelter Location Control Toilet BBQ Table Playground Supply Shed 0.8km NE Millmerran LGA ● ● ● 0.1km N Millmerran LGA ● ● ● ● ● 1km W Millmerran LGA ● ● Cecil Plains LGA ● ● ● ● ● 10km E Millmerran LGA ● ● 0.6km N Cooyar LGA ● ● ● ● 0.1km SW Yarraman LGA ● ● ● ● 18.7km N Toowoomba LGA ● ● ● 13.5km N Toowoomba LGA ● ● ● ● 0.4km N Nobby LGA ● ● ● ● ● ● 0.1km SE Kulpi LGA ● ● ● ● ● 0.1km S Quinalow LGA ● ● ● ● 0.1km S Maclagan Other ● ● ● ● ● 1.7km S Oakey LGA ● ● ● ● ● 0.2km NW Jondaryan LGA ● ● ● ● 0.1km NW Crows Nest LGA ● ● ● ● 0.3km S Crows Nest LGA ● ● ● ● ● 0.4km SE Clifton LGA ● ● ● 4km S Bowenville LGA ● ● ● ● ● 3.6km S Toowoomba LGA ● ● ● 0.3km E Toowoomba LGA ● ● ● ● ● ● 51.5km W Millmerran TMR ● ● ● 0.1km SW Cooyar LGA ● ● ● ● ● 0.1km E Hampton LGA ● ● ● ● ● 7.2km N Toowoomba PO LGA ● ● ● ● 9.4km S Toowoomba PO Service Clubs ● ● ● ● ● ● 0.1km SW Clifton LGA ● ● ● ● ● ● 0.3km N Clifton LGA ● ● ● ● ● ● Department of National 13.9km NE Hampton Parks, Recreation, Sport and ● ● ● ● ● Racing Toowoomba Region Recreational Vehicle Strategy 49

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Council Agenda No. 8 Page 234 Monday 9 May 2016 B Managed Overflow Policy

Managed Overflow Policy Assessing proposed locations for non-commercial camping options is one of the first steps undertaken by the Local Camping Reference Group. The following Managed Overflow Policy should be included in Local Law No.4:

Part A

• This section relates to the establishment and operation of a recreational vehicles (RV) emergency overflow facility within Toowoomba Regional Council. • For the purposes of this policy, an RV is a vehicle that combines transportation and temporary living quarters for travel, recreation and camping. • Council may establish an overflow area for RVs only when there are no vacancies for vehicles of this nature available at any caravan park within Toowoomba Regional Council. A camper is permitted to book into the overflow only if it is believed that there are no available spaces in the caravan parks. • Council may close the overflow area for camping for the purposes of significant community events. • Primary-use activities at the overflow area will take precedence at all times. • The maximum stay at any RV overflow camping facility could be a maximum of 7 consecutive days or at the determination of Toowoomba Regional Council. Authorised camping ground hosts may stay longer than the maximum period. • Camping by participants at community events may be exempt from some or all of the conditions in this policy as determined by Council from time to time. • Unless otherwise determined, camping by participants of community events is deemed to be authorised by the Council approval to conduct the event and no further charges shall apply. • Bona-fide grey nomad program volunteers who are actively involved in a grey nomad project within the community may continue to camp at the overflow area beyond the 7-day limit (only during the time that they are working on that project). • During the utilisation of the overflow sites, the Council’s ranger or authorised delegate is to resolve any unforeseen problems arising except where a camping ground host has been appointed, in which case the camping ground host is responsible for day-to-day supervision and management of the facility. A camping ground host will have delegated authority over the site. • Fees for camping at overflow facilities shall be determined in accordance with Council’s annual schedule of fees and charges. • The maximum number of vehicles allowed in a RV overflow facility area will be determined based on allocated spacing between vehicles, size of vehicles (whether they have trailers), turning circles, and usable space in the allocated area. • Dogs and other pets are permitted in this overflow camping area but must be held on a leash and/or under the control of a responsible person at all times.

Toowoomba Region Recreational Vehicle Strategy 50

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Council Agenda No. 8 Page 235 Monday 9 May 2016 Managed Overflow Policy

Part B • This section relates to the Toowoomba Regional Council overflow camping grounds. • Where there are no vacancies available at all existing caravan parks within Council areas, including approved overflow sites within the licensed caravan parks, Council may authorise the operation of overflow camping grounds at the following locations: o Clifton Showgrounds o Millmerran Showgrounds o Oakey Showgrounds o Pittsworth Showgrounds o Toowoomba Showgrounds

• Council does not favour the use of the overflow sites over privately operated caravan parks in the area and will actively promote private parks as an alternative camping option to the overflow sites through:

• (a) the Toowoomba Visitor Information Centre and the Hampton Visitor Information Centre • (b) signage at the overflow site • (c) information provided from phone enquiries to Council’s administration office.

• The maximum stay at Council emergency overflow camping facilities is to be 7 consecutive days. Authorised camping ground hosts may stay longer than the maximum period. A camper is permitted to book for up to 7 consecutive days at the overflow only if it is confirmed by Council that there are no available spaces in the caravan parks in the Council area. • Fees for camping at the above facilities shall be determined in accordance with Council’s annual schedule of fees and charges. • Dogs and other pets are permitted in the above overflow camping areas but must be held on a leash and be under the control of a responsible person at all times.

Toowoomba Region Recreational Vehicle Strategy 51

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Council Agenda No. 8 Page 236 Monday 9 May 2016 C Site Assessment Template

Assessing Proposed Locations Assessing proposed locations for non-commercial camping options is one of the first steps undertaken by the Local Camping Reference Group. The following template can be used to complete an initial site assessment:

Proposed Location: ______Clifton Crows Nest Millmerran Oakey Reviewed By: (Local Camping Reference Group) Pittsworth Toowoomba Yarraman

Is there a Commercial Park Yes No within 15km? Nearest Commercial Distance from Park: ______Proposed Site: ______km Do any of these Commercial Sites Yes No offer Unpowered Sites? Do these sites charge less than Yes No $25.00?

Are these sites Pet Friendly? Yes No

BBQ Power Water Toilets Infrastructure Currently on Site: Table Shelter Bins None

BBQ Power Water Toilets Proposed Infrastructure for the Site: Table Shelter Bins None

______Are there any issues ______with the site? ______Proposed Designation: Council Commercial *Refer to Toowoomba’s Fatigue Bush Managed /Outsourced Camping Option Matrix Management Camp Campground Campground

Is there a Need for this Yes No Proposed Location?

Toowoomba Region Recreational Vehicle Strategy 52

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Council Agenda No. 8 Page 237 Monday 9 May 2016 D Guidelines for Low Cost Campgrounds

Guidelines for Low Cost Campgrounds Toowoomba Regional Council should adhere to the following guidelines for Low Cost Campgrounds, as identified in the ‘Guidelines on Good Design for Caravan Parks and Relocatable Home Parks’ developed by Queensland Government (1997) :

RESIDENTIAL PARK SERVICES AND FACILITIES Toilet & Ablution Facilities ¾ The acceptable criteria for the number of sanitary conveniences are as follows: ¾ Where there are 40 sites or less, one pedestal for every 7 sites is provided for female occupants and one pedestal for every 10 sites is provided for male occupants and a 0.6m urinal is provided for every 20 sites (or part of) for male occupants. ¾ For every 15 additional sites exceeding 40 sites, an additional pedestal is provided both for female and male occupants. A 0.6m urinal is also provided for every 20 additional sites for male occupants. ¾ Each female toilet block has at least one sanitary disposal unit. ¾ Toilet and ablution facilities located at least 6m, but no more than 100m from any site (except where private ensuite facilities are provided) ¾ Hot and cold reticulated water provided to all shower cubicles and associated hand basins ¾ One 240 volt power point installed for every 5 washbasins ¾ Separate toilet and ablution facilities for each gender are provided in the ratio of one shower or bath and hand basin to every 15 sites. ¾ Where 10 or more toilet fixtures are provided, there is at least one toilet fixture and shower facility constructed, equipped and provided with access in accordance with AS1428 Code of Practice Design Rule for Access by the Disabled. ¾ A child size toilet and hand basin amenity are centrally located to maximize access and supervision, with unlocked external access. Laundry and Drying Facilities ¾ One laundry tub, one washing machine and one clothes line of suitable length or hoist are provided for every 20 sites (or part of) except where private laundry facilities are provided. Hot and cold reticulated water is provided to facilities for effective clothes washing. ¾ If the number of sites exceeds 40, one mechanical clothes drier is provided for: ¾ Every 60 sites exceeding the first 40 sites or part thereof for long-term occupants; and ¾ Every 80 sites exceeding the first 40 sites or part thereof for short-term occupants. ¾ At least one ironing board and power outlet is provided for every 30 sites for short-term occupants Waste (Refuse) Disposal Facilities ¾ Waste containers are located at least 10m from children’s play areas, cooking facilities and camp sites. Waste containers are provided for a convenient disposal of waste (refuse) from each site, on a durable and impervious surface such as a concrete slab. ¾ Waste (refuse) collection and disposal are maintained with bins and bin areas disinfected at least weekly

Toowoomba Region Recreational Vehicle Strategy 53

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Council Agenda No. 8 Page 238 Monday 9 May 2016 Guidelines for Low Cost Campgrounds cont. Fire Protection ¾ Fire hydrants are to be provided within 90m of all sites and buildings and be: ¾ In-ground hydrants or two outlet stand pipes; ¾ Located not more than 20m unobstructed distance from hard standing access for a fire pump appliance; ¾ Clearly shows; and ¾ Capable of a 750 litres per minute flow and a running pressure of 450KPA to 650KPA Fire hose reels complying with the Australian Standard, AS1221 – Fire Hose Reels and installed to comply with the Australian Standard, AS2441 – Installation of Fire Hose Reels are to be provided with access to all caravan and camp sites. ¾ No more than 5 litres of fuel, which is kept in a cool place or in purpose-made fuel containers, is permissible ¾ Compliance with the standards in the Building (Flammable and Combustible Liquids) Regulation 1994 and the Gas Regulations AS1596 and the requirements of the Chief Gas Examiner ¾ All buildings and structures complying with the Building Code of Australia ¾ All equipment for fire-fighting purposes complying with Part E, Services and Equipment of the Building Code of Australia (Volume 1) ¾ Buildings and rigid annexes having automatic warning devices activated on the detection of smoke in accordance with the Building Code of Australia ¾ Buildings and rigid annexes constructed in accordance with the Building Code of Australia Emergency Provisions ¾ The method of tie down complying with the wind loading requirements in either AS1170 – Part 2, Wind Loads or AS4055 – Wind loads for housing Access to Telephone and Postal Services ¾ If a roadside mail service is available to parks, an individual lockable mail service delivery box, identified by site number, is provided for each long-term household. ¾ Where facilities are not provided in the immediate locality, a caravan park or relocatable home park has available one pay phone for each 100 sites or part thereof. This calculation does not include individual sites with telephone connections. ¾ The provision of individual telephone connections for each long-term household. RESIDENTIAL PARK INFRASTRUCTURE Stormwater Drainage ¾ Pollution traps and litter screens provided in stormwater drainage outlets. ¾ The capacity of the internal underground drainage network is designed for an annual flood recurrence interval of 10 years (subject to the performance criterion relating to overland flows at a frequency of 1 in 100 years being met). Water Supply

¾ All taps, water pipes, fittings and appliances complying with the requirements of the Standard Water Supply Law and the Australian Standard, AS 3500.1 – National Plumbing and Drainage Code.

Toowoomba Region Recreational Vehicle Strategy 54

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Council Agenda No. 8 Page 239 Monday 9 May 2016 Guidelines for Low Cost Campgrounds cont. Sewage and Sullage ¾ On site treatment and irrigation conforming to the Code of Practice for On-Site Waste Water Management and any requirements of the Queensland Department of Environment ¾ A liquid waste disposal point is provided within 10m of any site. The disposal point is provided with a water stand pipe in an impervious paved area of at least 1m x 1m graded to a central drain connected to a sewerage system. ¾ All materials, fittings, fixtures, pipes and apparatus for the disposal of sewage and liquid waste complying with the Standard Sewerage Law and AS3500.2 Power and Gas Supply ¾ Underground reticulated power lines are provided at the expense of the developer. The electrical services comply with Australian Standards: ¾ AS3000 – Rules for the Electrical Equipment of Buildings, Structures and Premises (Wiring Rule) for dwellings and associated structures; or ¾ AS3001 – Electrical Installations, Caravans and Caravan Park Areas for caravans and such conveyances. ¾ Gas fittings comply with AG601 (Gas Installation Code), Australian Standard, AS1596 – Liquefied Petroleum Gas – Storage and Handling, and also approved by the Australian Gas Association. PARK OPERATION Management and Maintenance ¾ Information in the register includes: the name of all occupants; the registration number of any private vehicle on the premises; the residential address; the date of occupation; and the site number occupied. ¾ The weekly inspection of the park to ensure there are no mosquito breeding or potential mosquito breeding sites, is part of a pest management program to control mosquito breeding. Local Government is the designation controlling body according to Part B Mosquito Prevention and Destruction of the Health Regulation 1996.

Toowoomba Region Recreational Vehicle Strategy 55

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Council Agenda No. 8 Page 240 Monday 9 May 2016 ______

Council Agenda No. 8 Page 241 Monday 9 May 2016 REPORT TO: COUNCIL

SUBJECT: ANNUAL GENERAL MEETING

FILE REF: 12.45 DATE: 13 APRIL 2016

OFFICER: IAN HOLLOWAY - EXECUTIVE OFFICER

ENDORSED BY: GARY ARNOLD - GENERAL MANAGER

1. PURPOSE

Strategic Plan Reference

1.1 To consider whether Council conducts an Annual General Meeting.

2. BACKGROUND

2.1 Until 13th April 2016, Council was required to conduct an Annual General Meeting no later than 15 December.

3. STATUTORY REQUIREMENTS

3.1 Amendments to the Local Government Act 1993 have now been enacted with Section 72B of the Act amended to allow Council to determine whether it conducts an Annual General Meeting or not.

3.2 If Council determines to hold an Annual General Meeting then Council is required to conduct that meeting no later than 15 December and advertise its intention to hold the meeting.

3.3 The amendments to the Act do not release Council from its obligations to produce an Annual Report.

4. DISCUSSION

4.1 Previous Annual General Meetings conducted by Council have only been attended by a very small number of residents and in some years no public attendance has been recorded.

4.2 The purposes of the Annual General Meeting are to present the Annual General Report and provide an opportunity for questions to Council from the public. The format of the meeting is limited to the reading of the Mayor’s report, reports from Committee Chairpersons (as printed in the Annual Report) and public question time.

4.3 If Council resolves not to conduct an Annual General Meeting, the annual report would still be made available to the public and the public retain the opportunity at the two Council meetings per month to attend and ask questions without notice or

Council Meeting No. 8 Page 242 Monday, 9 May 2016 ______

Council Agenda No. 8 Page 242 Monday 9 May 2016

alternatively write to Council and lodge a question on notice for any Council meeting.

5. FINANCE

5.1 The Annual General Meetings have generally been conducted immediately prior to a scheduled Council meeting and therefore the only additional cost to Council has been the advertising costs which are met from the operational budget.

6. COMMUNICATION AND CONSULTATION

6.1 If the purpose of the Annual General Meeting is to provide communication and consultation with the community, then given the attendance at previous Annual General Meetings, the public have not considered that there have been any significant issues that warranted attendance.

6.2 As previously mentioned, the ability for the community to ask questions of Council (both without and on notice) is provided at the two Council meetings conducted monthly.

7. RISK

7.1 Provided that Council complies with its legislative obligations there are no known risks to Council.

8. CONCLUSION

8.1 The Local Government Act 1993 has been amended to allow councils to determine whether or not to conduct an Annual General Meeting. Previous Annual General Meetings have not been well attended and there is no significant reason to conduct an Annual General Meeting noting that the information presented will be published within the Annual Report.

9. RECOMMENDATION

MOVED SECONDED

That Council not conduct Annual General Meetings in 2016 and 2017.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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Council Agenda No. 8 Page 243 Monday 9 May 2016

REPORT TO: COUNCIL

SUBJECT: SOUTHERN OBEDIENCE CLUB LEASE

FILE REF: 8.11 DATE: 27 APRIL 2016

OFFICER: DANIEL SMEE - MANAGER, COMMUNITY & RECREATIONAL SERVICES

ENDORSED BY: TONY FERRIER - DEPUTY GENERAL MANAGER

1. PURPOSE

Strategic Plan Reference

Key Priority Area 1.0 A safe, healthy and supportive community Strategic Outcome 1.3 Safe, active and healthy local communities Strategy 1.3.2 Support increased participation in physical activities, through the planning, delivery and advocacy of appropriate recreation and sporting services and facilities.

1.1 The purpose of this report is to seek approval for the renewal of the agreement between Council and the Southern Obedience Club Inc for lease of land off Gormley Drive, Kingston.

2. BACKGROUND

2.1 The Southern Obedience Club is a not for profit organisation that has operated in Kingborough for over 35 years on various sites leased from Council.

2.2 The Club has enjoyed exclusive use of the property (marked in red below) in Gormley Drive at peppercorn rental since moving to this venue in 1983.

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2.3 The Club signed a five year lease over the land from 1 July 2011 and has requested Council’s consideration of the renewal of the lease for a further five years.

3. STATUTORY REQUIREMENTS

3.1 The lease of public land by Council is subject to the requirements of the Local Government Act 1993. There is no requirement for public advertising for a lease period of five years or less.

4. DISCUSSION

4.1 The Club provides dog training for members of the public at levels ranging from puppy familiarisation through to formal certification. It reinforces the notion of responsible dog ownership and the importance of developing dogs in such a way that they behave appropriately in public and at home.

4.2 The Club has upheld all of the conditions of the lease over the past five years and has continued to provide a valuable service to the community.

4.3 Whilst there has been some suggestions for alternate uses of the site (eg an additional junior soccer ground), the KSC Precinct Masterplan does not propose any change to the current usage for dog obedience training.

4.4 The proximity of the ground to the Twin Ovals makes it a potential venue for parking for major events held at this facility. The existing lease contains clauses to enable this to occur following prior notice and negotiation with the club and it proposed that this provision would be maintained.

4.5 On the basis of the above, it is recommended that a new lease be offered for a five year period, with key terms and conditions in line with the original lease agreement

5. FINANCE

5.1 There are no financial implications for Council associated with current arrangement under which the Club has full responsibility for all operational costs associated with their use of the property.

6. COMMUNICATION AND CONSULTATION

6.1 Discussions have been held with representatives of the Southern Obedience Club in relation to this matter.

7. RISK

7.1 Council’s exposure to risk is minimised by having a formal lease agreement in place.

8. CONCLUSION

8.1 The Southern Obedience Club has sought a renewal of its lease over Council owned land in Gormley Drive for a further five years.

8.2 The Club has proven to be an excellent tenant in the past and has fully complied with all lease conditions.

8.3 Accordingly, the provision of a new lease for a term of five years is recommended.

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9. RECOMMENDATION

MOVED SECONDED

That the General Manager be authorised to negotiate a new lease agreement with the Southern Obedience Club over land in Gormley Drive, Kingston, subject to the following terms and conditions:

(a) A maximum lease period of five years; (b) A peppercorn rental to apply; (c) The Club to enjoy exclusive use of the property; (d) Council to have reasonable rights of priority access upon prior notification; (e) The Club to meet all operational expenses associated with their use of the property; and (f) The Club to undertake all maintenance and upkeep on the grounds and facilities located on the property.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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REPORT TO: COUNCIL

SUBJECT: TWIN OVALS ADVERTISING AND SIGNAGE POLICY

FILE REF: 12.186 DATE: 27 APRIL 2016

OFFICER: DANIEL SMEE – MANAGER, COMMUNITY & RECREATIONAL SERVICES

ENDORSED BY: TONY FERRIER – DEPUTY GENERAL MANAGER

1. PURPOSE

Strategic Plan Reference

Key Priority Area 1.0 A safe, healthy and supportive community Strategic Outcome 1.3 Safe, active and healthy local communities Strategy 1.3.3 Enforce regulations that protect the safety, amenity and convenience of the public

1.1 The purpose of this report is to review the Twin Ovals Advertising and Signage Policy.

2. BACKGROUND

2.1 The Twin Ovals Advertising and Signage Policy was developed and approved by Council in 2011 to provide guidance in relation to the display of signage and advertising at the Twin Ovals facility.

3. STATUTORY REQUIREMENTS

3.1 The policy provides details in relation to statutory requirements that must be met in relation to advertising signs and billboards.

4. DISCUSSION

4.1 A review of the Twin Ovals Advertising and Signage Policy has been undertaken and it is considered that the document is still relevant for the present and foreseeable future. Accordingly, no changes are necessary.

4.2 Accordingly it is recommended that the policy as attached be endorsed.

5. FINANCE

5.1 There are no financial implications associated with this matter.

6. COMMUNICATION AND CONSULTATION

6.1 The policy was developed in consultation with the Twin Ovals Advisory Committee (now disbanded) that included representation from all relevant stakeholder groups.

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7. RISK

7.1 There is a risk that the amenity of the Twin Ovals and Council’s reputation could be compromised is advertising signage allowed to proliferate without any policy guidelines.

8. CONCLUSION

8.1 The Twin Ovals Advertising and Signage Policy was developed following consultation with stakeholder groups in 2011 and remains a valid policy document by which to regulate the display of advertising signage at the facility.

8.2 It is recommended that the policy be endorsed and reviewed again in 2020.

9. RECOMMENDATION

MOVED SECONDED

That the Twin Ovals Advertising and Signage Policy (number 4.8) as attached to this report be endorsed.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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KINGBOROUGH TWIN OVALS (Policy No. 4.8)

ADVERTISING AND SIGNAGE LAST NEXT MINUTE REF REVIEW REVIEW POLICY April 2016 April 2020

POLICY 1.4 The Twin Ovals is a high quality sporting facility and all advertising and signage STATEMENT: should reflect this high standard.

OBJECTIVE: 2.1 The objective of the Twin Ovals Advertising and Signage Policy is to provide clear parameters for the display of signage and advertising at the Twin Ovals facility.

SCOPE: 3.1 The policy principles will be applied to all areas and infrastructure contained within and including the boundary fence of the Twin Ovals.

4.1 General Principles: PROCEDURE: (POLICY DETAIL) a. Regulatory Requirements – All advertising must comply with the provisions of State and Federal advertising regulations.

b. Statutory Requirements – All signage must comply with the requirements of the Kingborough Planning Scheme 2000.

c. Authorised Users – Signage may only be erected by or on behalf of a club/organisation that has a current user agreement (either seasonal or casual) for use of the facility with the Kingborough Council.

d. Costs – Clubs will be fully responsible for all costs associated with design, production and maintenance of approved advertising signage.

e. Standards – No advertising or signage will be permitted that could be considered offensive, discriminatory or contrary to the values of the Kingborough Council.

f. Quality – All advertising signs shall be professionally produced and of a standard commensurate with the Twin Ovals facility.

g. Removal – Council reserves the right to request clubs to remove signs if a clean venue is required for an alternate event. 4.2 Naming Rights:

a. Facility – The naming rights to the Twin Ovals facility shall be the sole prerogative of the Kingborough Council.

b. Pavilion – The naming rights to the Pavilion shall be determined by Council. Clubs may make application to Council for inclusion of naming rights to the Pavilion as part of a sponsorship package or in recognition of the contribution of a significant club/community member.

c. Function Centre – No advertising naming rights shall be issued for the Function Centre.

4.3 Signage Protocol: a. Pavilion – Permanent or temporary signage may only be erected on the exterior of the Pavilion with prior approval of the Council. No advertising signage will be permitted on the roof of the building.

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b. Function Centre – No permanent advertising signage shall be permitted within the Function Centre. Club memorabilia and honour boards shall be confined to the non-public areas of the Upper Pavilion unless otherwise agreed with Council. Removable signage, (eg free standing boards and banners), shall be permitted providing that it is removed by the hirer at the conclusion of their event.

c. Playing Field – No advertising signage shall be painted or erected on the playing surface without the prior approval of Council.

d. Oval Fences – Clubs are permitted to erect temporary sponsor signage on the fence line of the oval(s) without prior approval of the Council provided that such signage:

x Complies with the general principles of this policy; x Is professionally produced; x Can be readily removed upon request; x Has uniform dimensions; x Is replaced immediately when out of date; and x Boundary Fences – No advertising signage is permitted to be erected on the boundary fences of the Twin Ovals facility unless approved by Council. e. Scoreboards – Approval for advertising signage on the scoreboard(s) may be negotiated with Council.

f. Interchange Benches - Clubs may erect temporary signage on the interchange benches without prior approval of Council provided it complies with the general principles of this policy and is removed at the end of each season.

g. Billboards – Council will give consideration to the erection of billboards at the facility subject to prior negotiation on size, location and design and submission of a development application.

4.4 Planning Permits:

a. Requirements – applications for advertising signs may be required in accordance with the provisions of the Kingborough Planning Scheme.

4.5 Installation Conditions:

a. Building Permit – A building permit may be required for any free standing sign or billboard structure.

b. Asset Protection – The installation and dismantling of signage must not result in any damage or defacement of any underground services, Council property or fixtures.

c. Safety – All signage must be designed, constructed, installed and maintained to minimise the likelihood of risk of injury to any person.

COMMUNICATION: 5.1 This policy will be communicated to all staff involved in the management and maintenance of the Twin Ovals facility.

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LEGISLATION: 6.5 Land Use Planning Approvals Act 1993 6.6 Building Code of Australia

DEFINITIONS: 7.1 Advertising Sign - A displayed structure bearing lettering or symbols, used to identify or advertise a place of business:

RELATED DOCUMENTS: 8.1 Kingborough Sports Centre Precinct Master Plan 2011

AUDIENCE: 9.1 Available to sporting clubs and the general public.

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REPORT TO: COUNCIL

SUBJECT: BRUNY ISLAND ADVISORY COMMITTEE

FILE REF: 5.183 DATE: 21 APRIL 2016

OFFICER: IAN HOLLOWAY - EXECUTIVE OFFICER

ENDORSED BY: GARY ARNOLD - GENERAL MANAGER

1. PURPOSE

Strategic Plan Reference

Key Priority Area 5 Community leadership Strategic Outcome 5.1 The local community is well informed and engaged with Council Strategy 5.1.3 Seek the views of the community and ensure engagement in the decision making process of Council

1.1 To consider the recommendations from the Bruny Island Advisory Committee meeting.

2. BACKGROUND

2.1 A meeting of the Bruny Island Advisory Committee was held on 14 April 2016 and a copy of the minutes from that meeting is attached.

3. STATUTORY REQUIREMENTS

3.1 The Bruny Island Advisory Committee is a committee appointed by Council in accordance with Section 24 of the Local Government Act 1993.

4. DISCUSSION

4.1 The Committee has raised concern about the safety of pedestrians crossing the bridge on Bruny Main Road at Alonnah located between School Road junction and hotel. The bridge width is less that the road carriageway and with sight lines not conducive to pedestrian safety despite being within the 50km/h speed limit zone. The bridge is the responsibility of the Department of State Growth and the matter has been raised with the Department without any resolution being found.

4.2 The State Government provides funding from the Tasmanian Road Safety Levy for road projects under the Vulnerable Road User Program (VRUP) with approximately $500,000 allocated per annum.

4.3 The Committee is seeking support from Council for a funding application to be made under the 2016/17 VRUP for the construction of a separated walkway for the bridge thus providing similar treatment to the bridge on the northern approach to Woodbridge.

4.4 The Committee also raised concern as to the road safety issues associated with the delivery of mail by the postal contractor. Members from the Committee reported

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experiences of other Bruny residents associated with “near misses” with the postal contractor who drives onto the incorrect side of roads on the Island to place mail in postal boxes.

4.5 The Committee is concerned that the likelihood of a crash is increased due to this practice of postal contractors. The Committee has requested that this issue be referred to the Kingborough Road Safety Committee for investigation.

5. FINANCE

5.1 It is not expected that Council would contribute to the separated walkway for the bridge at Alonnah given that the road and bridge are within the jurisdiction of the Department of State Growth.

6. COMMUNICATION AND CONSULTATION

6.1 The Bruny Island Advisory Committee was established to provide communication and consultation with the Bruny Island community.

7. RISK

7.1 The matters referred to Council do not pose a risk to Council.

8. CONCLUSION

8.1 The Bruny Island Advisory Committee is seeking Council’s support for a funding application under the 2016/17 Vulnerable Road Users Program funded by the State Government for construction of a separated walkway at the bridge on Bruny Main Road, Alonnah.

8.2 The Committee is also concerned as to the road safety issues resulting from the practises of the postal contractor on the Island who drives onto the incorrect side of roads to place mail into postal boxes. The Committee has asked for this matter to be referred to the Kingborough Road Safety Committee for investigation.

9. RECOMMENDATION

MOVED SECONDED

That:

(a) Council lodge a funding application under the 2016/17 Vulnerable Road Users Program for a separated pedestrian walkway for the bridge on Bruny Main Road, Alonnah (between School Road and the Hotel); and (b) The practice of driving onto the incorrect side of roads to deliver mail by the postal contractor for Bruny Island be referred to the Kingborough Road Safety Committee.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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MINUTES

BRUNY ISLAND ADVISORY COMMITTEE

Meeting No. 96

Thursday 14 April 2016

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Minutes of the meeting of the Bruny Island Advisory Committee held at the Bruny Island Community Health on Thursday 14 April 2016 commencing at 9.00 a.m.

ATTENDANCE

PRESENT APOLOGY Chairperson Cr Mike Percey Members Mr Trevor Adams Mr A Matysek Mr John Kobylec Mr B Schmidt Mr Bill Hughes Ms S Gaskell X Mr G McAfee Mr R Clarke

COUNCILLORS IN ATTENDANCE

COUNCIL OFFICER IN ATTENDANCE

Mr David Reeve – Executive Manager Engineering Services Mr Ian Holloway – Executive Officer

IN ATTENDANCE

Robert Armstrong MLC Sarah Boyle (Department of State Growth) Andrew Hargrave (Department of State Growth)

APOLOGIES

Ms Siobhan Gaskell

LEAVE OF ABSENCE

Mr Schmidt leave of absence for June 2016 Mr Adams leave of absence for June 2016

DECLARATIONS OF INTEREST

Nil

CONFIRMATION OF PREVIOUS MINUTES

Moved Mr Adams / Seconded Mr Schmidt

That the minutes of the Committee meeting held on Thursday 11th February 2016 as circulated be confirmed. Carried unanimously

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BUSINESS ARISING FROM PREVIOUS MINUTES

PRESENTATIONS:

Councillor Percey advised on the release of preliminary details from the Australian Renewal Energy Agency as to $2.9M for the provision of solar panels/batteries for approximately 40 residences on Bruny. TasNetworks will be conducting public forums at a later time.

Mr Reeve – Executive Manager Engineering Services:

Mr Reeve outlined Council’s infrastructure activities on Bruny Island. The draft capital works budget for 2016/17 included funding for resheeting Cloudy Bay Road and Council’s section of Lighthouse Road. In addition an assessment is being made to ascertain if the extension of the Adventure Bay Road footpath from the shop to Quiet Corner can be funded in2016/17. The remaining capital project was further works on the Alonnah pontoon.

Discussion was held on the importance of the provision of a separate walkway at the bridge on Bruny Main Road at Alonnah between School Road and the hotel.

Moved Mr Adams Seconded Mr Hughes

That the Committee recommend to Council that a funding application be made under the Vulnerable Road Users program for funding of a separate pedestrian walkway at the Bruny Main Road bridge between School Road and the Alonnah hotel.

Carried unanimously

Concern was raised regarding the postal contractor on Bruny Island driving on the wrong side of the road causing numerous ‘near misses’. The Committee requested that the matter be referred to the Kingborough Road Safety Committee for further investigation.

QUESTIONS ON NOTICE FROM COMMITTEE

At the time of preparation of the agenda there were no questions on notice from the Committee.

QUESTIONS ON NOTICE FROM THE PUBLIC

At the February 2016 meeting, Councillor Grace asked the following question:

How much is the cost to Council of day labour for rubbish collection on the Island?

Response: The majority of litter collection is undertaken by the contractor. However from time to time it is necessary for Council staff to empty bins. The cost of this work is not specifically identified within Council’s accounting system.

At the February 2016 meeting, Mr Bill asked the following question:

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Will the sealing of Harvey Road be considered in the 2016/2017 budget?

Response: The sealing has not been listed in the preliminary capital works schedule for 2016/2017.

QUESTIONS WITHOUT NOTICE FROM COMMITTEE MEMBERS

Nil

QUESTIONS WITHOUT NOTICE FROM THE PUBLIC

Nil

CORRESPONDENCE

Nil

ENVIRONMENTAL MANAGEMENT

Item Background and Current Situation Committee Advice Ragwort No further advice Noted program Cat control Ms Kaylene Allen to attend future Noted meeting to brief the Committee on the cat control programme for the Island. Weed control The draft Weed Management Strategy Noted has been released for public comment. Roadside Concern was raised as to the service Slashing – State level for roadside slashing and Roads spraying along State roads.

The Executive Manager Engineering Services to investigate and report to Committee.

PLANNING STRATEGIES AND FUTURE DEVELOPMENT

Item Background and Current Situation Committee Advice New No further advice. Noted Kingborough Planning Scheme Strategic Mr Schmidt reported that the Friends Community of North Bruny are currently contacting Planning for community groups on the Island with Bruny Island the view of developing a strategic community plan for the Island.

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SOCIAL, CULTURAL AND COMMUNITY SERVICES

Item Background and Current Situation Committee Advice

Bruny Island Ms Boyle advised that MAST had issued Noted Ferry issues the previous instruction in relation to the number of lanes on the ferry. Ms Boyle to refer the matter to MAST for further advice. The Department will be gathering data over the next eighteen months or so to help make a decision in relation to the next ferry contract. A decision on the future contract / replacement ferry won’t be made for at least another two years.

Abbeyfield A funding application has been made project by the Community Committee for funding to further investigate the feasibility of an Abbeyfield complex on the Island.

Council activities Council’s Media/Communications Officer Noted. has been in contact with the Bruny News to discuss increasing Council’s media advice to residents.

PUBLIC INFRASTRUCTURE

Item Background and Current Situation Committee Advice

North Bruny No further advice Noted Master Plan

Adventure Bay Advice sought from the Dept of State Ms Boyle advised that Department will Road linemarking Growth. undertake linemarking during the summer of 2016/17

Item Background and Current Situation Committee Advice

Speed limit - Awaiting advice from Department The reduction is not now considered Main Road at necessary to provide consistency in Lunawanna speed limits.

Sealing of roads Advice sought from the Dept of State Ms Boyle outlined the project Growth – awaiting advice. associated with the sealing of the Bruny Main Road at the Neck. Design works/investigations have commenced with the major issue being associated with protection of the penguin population. Funding for the project has been allocated in 2017/18 & 2018/19 forwarded budgets with construction likely during the winter of 2018.

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Public toilets - No further advice Noted Alonnah

Alonnah pontoon As advised by Mr Reeve, funding has Noted been allocated in the draft capital works program for 2016/17.

Adventure Bay The footpath will now be considered for Noted foreshore path listing in the draft capital works budget submitted to Council.

Pedestrian Bridge Advice to be provided by Ms Boyle from See recommendation to Council Bruny Main Road Dept of State Growth following her relating to funding option for the inspection. provision of separated walkway.

Coolangatta Ms Boyle advised that the issue of road Noted Road maintenance of State managed roads is currently being considered. This includes DSG and Parks & Wildlife roads.

Litter and dog Refer to question on notice Noted. bags

Adventure Bay Mr Reeve advised that he would For discussion at future meeting. Road – Bligh investigate the issues of increased traffic Creek to East usage and report back to the Committee. Cove

TOURISM PROMOTION AND ECONOMIC DEVELOPMENT

Item Background and Current Situation Committee Advice

Proliferation of Ms Boyle advised that Departmental staff Noted signs at the are currently photographing and Adventure Bay documenting all signs on Bruny and will turn-off work with Council to standardise and improve signage on the Island.

Bruny Island Amended draft strategy provided to Tourism Strategy members.

Recreational Strategy to be developed for inclusion Vehicles on within Tourism Strategy Island

Tourism traffic Mr Hargrave advised: x 15-20% growth in traffic on Bruny in last 2 years. x Bruny is mirroring other areas in State for tourism growth. x Over last 5 years only 1 crash on Lighthouse Road involved a Tasmanian licensed driver. x Rate of tourism increase is likely to rise in line with current trends.

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Destination Ms Boyle responded to a question from Action Plan Mr Matysek that the local community (DAP) groups would be consulted as part of the DAP process to gather input on public infrastructure matters. BIAC members also wish to participate in the meeting to discuss the Bruny Island DAP scheduled for May 2016.

LIAISON WITH STATE GOVERNMENT AGENCIES

Item Background and Current Situation Committee Advice

Management of Advice provided to members via email Concern as to the lack of regeneration State Forests prior to meeting. of coupe on Clennetts Link (10B?). Request advice from Forestry Tasmania as to intentions.

MATTERS OF GENERAL INTEREST

Nil

CLOSURE

Meeting closed at 12.30 p.m.

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SUBJECT: KINGBOROUGH BICYCLE ADVISORY COMMITTEE

FILE REF: 28.114 DATE: 22 APRIL 2016

OFFICER: RENAI CLARK – ROADS & STORMWATER ENGINEER

ENDORSED BY: DAVID REEVE – EXECUTIVE MANAGER ENGINEERING SERVICES

1. PURPOSE

Strategic Plan Reference

Future Direction 3 Wellbeing and inclusiveness. Integrated Transport Systems. Desired Strategic 3.4 A community actively participating in a wide range Outcome of recreational, educational, entertainment and sporting opportunities.

A reduced use/dependence on private motor 5.1 vehicles through the encouragement of other forms of access and transport.

An attractive and user friendly network of footpaths 5.3 and trails for both pedestrians and cyclists.

1.1 The purpose of this report is to consider the recommendations from the Kingborough Bicycle Advisory Committee (KBAC) meeting held on 13 April 2016 (copy attached).

2. BACKGROUND

2.1 A meeting of KBAC was held on 13 April 2015. The following motions were passed during the meeting:

Moved: Gordon Keith Seconded: Richard Langman

That the Kingborough Bicycle Advisory Committee Action Plan 2016-2017 as tabled be endorsed by KBAC and recommended to Council for acceptance.

Carried unanimously

Moved: Gordon Keith Seconded: Richard Langman

That KBAC endorse the recommendation of Cycling South emailed to Council’s Executive Manager Engineering Services, reiterated by Bicycle Network Tasmania, that the Snug to Margate Cycleway is constructed at a width no less than 2.0 metres.

Carried unanimously

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Council Agenda No. 8 Page 261 Monday 9 May 2016 Moved: Richard Langman Seconded: Gordon Keith

That Council should express the opinion to TasWater that pedestrian and cycling access be included on any route of the Kingborough Sewerage Upgrade project that crosses the North West Bay River.

That TasWater use every opportunity to provide pedestrian and cycle access along the chosen route.

Carried unanimously

3. STATUTORY REQUIREMENTS

3.1 KBAC was appointed in accordance with Section 24 of the Local Government Act 1993.

4. DISCUSSION

KBAC Action Plan 2016-2017

4.1 Cr Atkinson and Rob Sheers recently met with Council’s Executive Manager Engineering Services to discuss how projects identified in the KBAC Action Plan 2016-2017 could be adopted into the Capex plan. It was suggested that KBAC should add the action plan as a layer to Council’s GIS map. The Roads & Stormwater Engineer can assist with this during meetings.

4.2 KBAC provides advice to Council on bicycle issues and encourages and promotes the use of bicycles in Kingborough for transport and recreation.

4.3 The KBAC Action Plan 2016-2017 provides a strategic framework for the development of a network of routes on roads, shared pathways and end of trip facilities to make it safer, easier, more comfortable and viable for people to use bicycles for recreation and transport.

4.4 The KBAC Action Plan 2016-2017 aims to facilitate the development of a cycling network in the municipality by identifying and prioritising projects for Council to consider implementing over the next 3 years.

Snug to Margate Cycleway

4.5 KBAC received the attached submission from the Convenor, State Committee, Bicycle Network Tasmania (BNT), Ms Di Elliffe about Snug to Margate Cycleway. The submission notes the safety benefits of the proposed shared use trail, particularly for recreational riders and children, but also raises concern regarding Council’s decision to consider reducing the width of the path to 1.5 metres to save costs (Minute C383/14-15 refers).

4.6 BNT noted the recommendation of Cycling South that a 2.0 metre wide shared path would be suitable and requests Council to consider a path no less than 2.0 metres wide to minimise tension and conflict on a shared cycling/pedestrian trail. BNT requested KBAC’s support of the recommendations.

4.7 The Committee discussed and agreed with Ms Elliffe’s submission and the recommendation of Cycling South that the shared use trail should be no less than 2.0 metres wide.

4.8 The Austroads Guide to Road Design – Part 6A: Pedestrian and Cyclist Paths provides detailed guidance for road designers and other practitioners on the design of paths for safe and efficient walking and cycling including path location, alignment and width, as well as clearances, crossfall, drainage and sight distance

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requirements. A minimum width of 3.0 metres is recommended for a recreational shared path and notes that a lesser width should only be adopted where cyclist volumes and operational speeds will remain low. In reality, the Snug to Margate Cycleway may not initially carry large volumes of cyclists, although the volume may become significant throughout its operational life.

4.9 The absolute minimum width recommended for any shared used path is 2.0 metres and should only be considered where cycling volumes and operating speeds will remain low throughout the life of the path.

Footpath across North West Bay River bridge

4.10 KBAC received a copy of the attached submission from Mr Marcus Higgs of Margate addressed to TasWater’s Project Manager, Mr Matthew Palmer, requesting consideration for the provision of a shared use path within the easement corridor of the proposed Kingborough Sewerage Upgrade project, and in particular, provision of a footbridge across the North West Bay River.

4.11 KBAC also received a copy of correspondence from Mr Higgs to Kingborough General Manager, Mr Gary Arnold asking Council to contact Department of State Growth (DSG) requesting improved access across the bridge as it would create an important link in a future shared path between Kingston and Margate.

4.12 The Committee discussed Mr Higgs’ submissions and agreed that Council should contact TasWater to request that public access be included on any route of the Kingborough Sewerage Upgrade project that crosses the North West Bay River.

4.13 The existing Channel Highway road bridge across North West Bay River is owned and maintained by DSG and is only wide enough to accommodate two travel lanes. The posted speed limit along this section of Channel Highway is 60 km/h and cyclists and pedestrians must share the travel lane with vehicular traffic.

4.14 This creates a significant safety issue, particularly for pedestrians. The only option to improve safety would be through construction of a cantilevered footbridge section across the existing bridge or construction of a separate footbridge within the existing Road Reservation corridor

4.15 All other land abutting the river is privately owned. Any easements that TasWater would require on those parcels would be for pipelines only. It is unlikely that landholders would consent to TasWater establishing easements for public right of passage should the chosen pipeline route fall outside the road corridor.

4.16 Improved access across the bridge would create an important link in a future shared path between Kingston and Margate. As such, Council may consider raising the matter with both DSG and TasWater that would allow for this to happen.

5. FINANCE

KBAC Action Plan 2016-2017

5.1 Some of the Project Proposals identified in the KBAC Action Plan 2016-2017 have resourcing and financial implications to Council such as preparation of designs and cost estimates and construction/implementation of proposed projects.

5.2 It should also be noted that the Project Proposals identified in the KBAC Action Plan 2016-2017 have not been ground-truthed and may prove unfeasible.

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Snug to Margate Cycleway

5.3 While a 2.0 metre wide trail would be more expensive to construct than a 1.5 metre wide trail, a cost savings would still be realised from the initial cost estimates given for the three options in the feasibility study which were based on 3.0 metre wide trails.

Footpath across North West Bay River bridge

5.4 There would be no financial implications to Council to bring this matter to the attention of DSG and TasWater.

6. CONCLUSION

KBAC Action Plan 2016-2017

6.1 The Committee gave their approval of the current plan recently updated by Cr Atkinson and Rob Sheers.

Moved: Gordon Keith Seconded: Richard Langman

That the Kingborough Bicycle Advisory Committee Action Plan 2016-2017 as tabled be endorsed by KBAC and recommended to Council for acceptance.

Carried unanimously Snug to Margate Cycleway

6.2 The Committee discussed and agreed with the submission from the Convenor, State Committee, Bicycle Network Tasmania, Ms Di Elliffe and the recommendation of Cycling South that the Snug to Margate Cycleway should be constructed no less than 2.0 metres wide.

Moved: Gordon Keith Seconded: Richard Langman

Carried unanimously

Footpath across North West Bay River bridge

6.3 The Committee discussed the submission from Marcus Higgs to TasWater’s Project Manager and Council’s General Manager recommending a footpath be constructed at the North West Bay River bridge in conjunction with TasWater’s proposed Kingborough Sewerage Upgrade project.

Moved: Richard Langman Seconded: Gordon Keith

That Council should express the opinion to TasWater that pedestrian and cycling access be included on any route of the Kingborough Sewerage Upgrade project that crosses the North West Bay River.

That TasWater use every opportunity to provide pedestrian and cycle access along the chosen route.

Carried unanimously

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7. RECOMMENDATION

MOVED SECONDED

That:

(a) The Minutes of the Kingborough Bicycle Advisory Committee meeting held on 13 April 2016 be noted.

(b) Council accept the Kingborough Bicycle Advisory Committee Action Plan 2016- 2017.

(c) Council acknowledge the recommendation of Kingborough Bicycle Advisory Committee, Cycling South and Bicycle Network Tasmania that the Snug to Margate Cycleway is constructed at a width no less than 2.0 metres.

(d) Council communicate to DSG and TasWater that a high priority should be given to the provision of pedestrian and cycling access across the North West Bay River bridge and on the chosen route of the kingborough Sewerage Upgrade project.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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MINUTES

KINGBOROUGH BICYCLE ADVISORY COMMITTEE

Meeting No. 2016-2

Wednesday 13 April 2016

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MINUTES of a Meeting of the Kingborough Bicycle Advisory Committee (KBAC) held at the Kingborough Civic Centre, Kingston on Error! Reference source not found. at 5.00 pm. PRESENT

PRESENT APOLOGY

Chairperson Cr Richard Atkinson 9

Deputy Chairperson Mr Rob Sheers 9

Members Ms Suzanne Betts 9

Mr John Hayes 9

Mr Richard Langman 9

(Bicycle Tasmania Rep.) Mr Gordon Keith 9

(Cycling South Rep.) Ms Mary McParland 9

Councillor in attendance Cr Flora Fox 9

Council Officers in Ms Renai Clark – Roads & 9 attendance Stormwater Engineer

Ms Su Sprott – Recreation 9 Officer

CONFIRMATION OF MINUTES Moved: Richard Langman /Seconded: Gordon Keith That the Minutes of the Committee meeting held on Wednesday 10 February 2016, as circulated, be confirmed. Carried unanimously LEAVE OF ABSENCE A leave of absence was requested by Rob Sheers and John Hayes for the April meeting. An apology was noted for Suzanne Betts and Mary McParland.

DECLARATIONS OF INTEREST There were no declarations of interest. BUSINESS ARISING FROM PREVIOUS MINUTES Bonnet Hill Bike Lane Upgrade Maintenance concerns were raised that rocks are falling out of the embankment, on the western side of the road, north of the Kingston Beach Golf Club. The rocks are blocking up the shoulder, tree branches also. The next stage of works has commenced near the shot tower. The road is being widened on the outside of the right hand bend below the shot tower. The existing bend is tight, the crossfall

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slopes against the curve and the area is frequently wet. A number of cyclists have previously slid and crashed on this curve. There is strong concern that the centreline will be moved closer to the outside of the curve as part of the widening and will exacerbate the hazard for cyclists Cycle lanes and parking signage on Channel Highway Taroona The Roads & Stormwater Engineer is working on a plan for improved delineation of cycle lanes and upgrade of restricted parking signage on Channel Highway through Taroona. KBAC Action Plan Review Cr Atkinson and Rob Sheers recently met with Council’s Executive Manager Engineering Services to discuss how projects identified in the KBAC Action Plan could be adopted into the Capex plan. It was suggested that KBAC should add the action plan as a layer to Council’s GIS map. The Roads & Stormwater Engineer can assist with this during meetings. The Committee gave their approval of the current plan recently updated by Cr Atkinson and Rob Sheers. Moved: Gordon Keith Seconded: Richard Langman That the Kingborough Bicycle Advisory Committee Action Plan 2016-2017 as tabled be endorsed by KBAC and recommended to Council for acceptance. Carried unanimously Richard Langman tabled the following recommendation to Council, prepared by Rob Sheers: Kingborough Bike Advisory Committee – recommendations to Council 1. New developments: x Pathway connectivity be designed into new developments and this process is adopted as standard practice. x KBAC be invited to assess all development proposals and planned works to roads and footpaths to ensure bike riders, both on-road and on footpath/shared paths, are fully considered. x Comment from KBAC committee member John Hayes – Sherburd St which has recently been made up with new kerbs and footpaths but no signs, lead-in or dropped kerb to the footpath linking to Harris Court and the Calvin Christian School (project 8), not particularly inviting. It never came to KBAC I guess, despite being in the Kingborough Bicycle Plan. 2. Major road work (any works other than maintenance): x Consider cyclists with all major road work. x Take opportunities to upgrade bike infrastructure where possible (install bike lanes/sealed verges etc). 3. Signage: x Adopt standardised signage and insure tracks & trails are appropriately signed. 4. Vehicle crossovers/driveways: x High/sharp lips on kerb & channel driveway transitions is a dangerous hazard for cyclists. x Recommend adopting as standard practice “no lip” driveway transitions.

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5. Chip road seals – if children fall onto chip seal road surfaces it rips their tender skin to pieces: x Avoid using “chip seals” on urban streets where young children learn to ride bikes and play in streets. 6. Appoint a designated Council “Cycling Officer”. It was agreed to hold off discussions on Rob’s recommendations until his return at the June meeting. CORRESPONDENCE Inward Submission from the Convenor, State Committee, Bicycle Network Tasmania, Ms Di Elliffe about Snug to Margate Cycleway (attached). Letter from Marcus Higgs to General Manager, Mr Gary Arnold, recommending a footpath be constructed at the North West Bay River bridge in conjunction with TasWater’s proposed Kingborough Sewerage Upgrade Project (attached). Letter from Marcus Higgs to TasWater’s Project Manager, Mr Matthew Palmer, expressing route preferences and recommending a footpath be built at the North West Bay River bridge in conjunction with TasWater’s proposed Kingborough Sewerage Upgrade project (attached). Outward There was no correspondence outward. GENERAL BUSINESS Cycling South Report x The Super Tuesday counts were done in March but the data has not been provided yet. Channel Highway in Taroona and Beach Road/Channel Highway in Kingston were counted. Richard Langman also counted the Summerleas roundabout. x State Growth has purchased Strava data which can be used to compare usage on various routes. x The Sandy Bay Road Bike Lanes project from the Taroona boundary to Lower Sandy Bay has commenced. Linemarking is expected to be done late April. Kerb works and surface works are being carried out at present. Snug to Margate Cycleway The Committee discussed and agreed with the submission from the Convenor, State Committee, Bicycle Network Tasmania, Ms Di Elliffe and the recommendation of Cycling South that the Snug to Margate Cycleway should be constructed no less than 2.0 metres wide. Moved: Gordon Keith Seconded: Richard Langman That KBAC endorse the recommendation of Cycling South emailed to Council’s Executive Manager Engineering Services, reiterated by Bicycle Network Tasmania, that the Snug to Margate Cycleway is constructed at a width no less than 2.0 metres. Carried unanimously Footpath across North West Bay River bridge The Committee discussed the submission from Marcus Higgs to TasWater’s Project Manager and Council’s General Manager recommending a footpath be constructed at the North West

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Bay River bridge in conjunction with TasWater’s proposed Kingborough Sewerage Upgrade project. Moved: Richard Langman Seconded: Gordon Keith That Council should express the opinion to TasWater that pedestrian and cycling access be included on any route of the Kingborough Sewerage Upgrade project that crosses the North West Bay River. That TasWater use every opportunity to provide pedestrian and cycle access along the chosen route. Carried unanimously Summerleas Road Footpath Upgrade The Roads & Stormwater Engineer advised that Council has adopted the Summerleas Road Footpath Upgrade for inclusion in the 2016/17 Capital Works program. The project is for widening and upgrading the path to a 2.0m concrete shared use path between Greenhill Drive and Kingston View Drive. It was requested if seating could be included at the bus stop near Kingston High School as students often sit all over the footpath and block access for pedestrians. Some Australian Road Rules related to cyclists The Senior Sergeant at Kingston Police raised concern at the April meeting of the Kingborough Road Safety Committee that many cyclists frequently disobey the Road Rules when cycling in pairs or packs, obstructing the safe passage for other motorists, particularly along Channel Highway through Bonnet Hill and Taroona. It was requested that the matter be raised with KBAC, Cycling South and Bicycle Network Tasmania. x Section 151 of the Road Rules 2009 allows a rider of motor bike or bicycle to ride alongside no more than one other rider; however Section 367 (2) requires that a person must not drive without reasonable consideration for other road users. x Section 258 requires a bicycle to have a bell, horn, or similar warning device, in working order. Kingston Police noted their concern regarding the number of bicycle riders they have found without a bell or horn fixed to the bicycle. It was noted by the Roads & Stormwater Engineer that a letter had been published in the April edition of RACT Journey’s magazine requesting that the law be changed to require cyclists to ride single file to ensure the safety of cyclists by minimising frustration to motorists. The Roads & Stormwater Engineer will send out a copy of the letter to members, Cycling South and Bicycle Network Tasmania for their information. Kingborough Road Safety Committee At the April meeting of the Kingborough Road Safety Committee it was requested to change the June meeting date to Wednesday 22 June 2016 and subsequent meeting schedules to the fourth Wednesday of every second month. Richard Langman advised he would not be able to attend the meetings and is seeking a member of KBAC to replace him. Gordon Keith advised that he may be able to take on the role following his retirement in the last week of June, but may not be able to attend the 22 June meeting. Blowhole Road Bollards It was noted that a number of the bollards were damaged along Blowhole Road recently. The Roads & Stormwater Engineer advised that alternative bollards are being considered to replace

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the PVC ones which are too susceptible to damage and vandalism and also considering installing additional intermediate bollards to try to stop vehicles parking over the pedestrian/cycle space. Kerb Ramps Gordon Keith advised that there is no kerb ramp at the Kingston View Drive/Twin Ovals Road junction. Kingston View Drive leads to the Mount Pleasant multi user trail. There are no kerb ramps at the end of Spring Farm Road which leads to Whitewater Creek track. The Roads & Stormwater Engineer will look into the feasibility of providing access ramps. KBAC Meeting Schedule Mary McParland has advised that Wednesday evenings are virtually impossible for her to attend KBAC meetings. Evenings are difficult generally with family commitments. The Committee was requested to consider an alternative meeting time, preferably during work hours. The Committee proposed the second Friday of every second month, at 9am and subject to confirmation from Mary. MATTERS OF GENERAL INTEREST There were no matters of general interest. NEXT MEETING The next meeting of the Committee is proposed to be held on Friday 10 June 2016 starting at 9.00 am at the Civic Centre.

CLOSURE: There being no further business, the Chairperson declared the meeting closed at 7.00 pm.

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REPORT TO: COUNCIL

SUBJECT: KINGSTON AND TAROONA TENNIS CLUBS - COURT RESURFACING

FILE REF: 22.24 & 5.175 DATE: 22 APRIL 2016

OFFICER: DANIEL SMEE - MANAGER, COMMUNITY & RECREATIONAL SERVICES

ENDORSED BY: TONY FERRIER - DEPUTY GENERAL MANAGER

1. PURPOSE

Strategic Plan Reference

Key Priority Area 1. A safe, healthy and supportive community Strategic Outcome 1.3 Safe, active and healthy local communities Strategy 1.3.1 Support increased participation in physical activities through the planning, delivery and advocacy of appropriate recreation and sporting services and facilities.

1.1 The purpose of this report is to recommend a funding option for Council’s contribution towards the resurfacing of the Taroona and Kingston Tennis Clubs’ courts.

2. BACKGROUND

2.1 The Taroona and Kingston Tennis Clubs sought financial support from Council towards the resurfacing of their courts as part of their respective applications to Sport and Recreation Tasmania’s 2016 Major Grants Program.

2.2 Council subsequently resolved to forward allocate amounts of $17,100 and $20,000 respectively from the 2016/17 Capital Works budget, subject to the success of the applications to Sport and Recreation Tasmania (Minutes C384 /14-15 and C24/1-16 refer).

2.3 Both clubs have now received formal advice that their applications have been successful.

3. STATUTORY REQUIREMENTS

3.1 There are no statutory requirements associated with this matter.

4. DISCUSSION

4.1 Due to the nature of the court resurfacing and the fact that both clubs operate on Council leases, it was considered difficult for the asset improvements to be capitalised and hence Council’s commitment was included in the draft 2016/17 operational budget.

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4.2 With both clubs now having been notified of the success of their applications, there is an opportunity for Council to provide its contribution immediately via savings in the current financial year’s operational budget.

4.3 The provision of immediate funding would be appreciated by both clubs as it would enable them to bring forward the date for the commencement of works.

4.4 There are also advantages to Council in providing the funding in the current financial year as it frees up operational expenditure in the draft 2016/17 budget that can be used to accommodate additional items that Councillors have requested for inclusion.

5. FINANCE

5.1 $38,000 was initially allocated in Council’s 2016/17 draft operational budget to support applications by the Taroona and Kingston Tennis Clubs to Sport and Recreation Tasmania for resurfacing of their respective courts.

5.2 Both clubs have subsequently been advised that their applications have been successful, with the early notification providing Council with the opportunity to provide the funding from savings identified in the current financial year’s operational budget.

6. COMMUNICATION AND CONSULTATION

6.1 Communication has been undertaken with representatives from both clubs in relation to this matter.

7. RISK

7.1 The driving force behind the desire to resurface the courts in both instances is to address risk management concerns associated with the condition of the respective playing surfaces.

7.2 The provision of funds from the current financial year’s operational budget will enable the resurfacing work to be brought forward, thus minimising the length of time that the clubs will be required to operate with sub-standard facilities.

8. CONCLUSION

8.1 Council has previously committed to the provision of funding to support applications to Sport and Recreation Tasmania by the Taroona and Kingston Tennis Clubs for the resurfacing of their courts.

8.2 Both clubs have now been formally advised that their applications have been successful, providing the opportunity for Council to consider the provision of its contribution in the current financial year.

8.3 There are benefits to both the respective clubs and Council in providing the funding from the 2015/16 operational budget.

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9. RECOMMENDATION

MOVED SECONDED

That Council’s commitment of $37,100 towards the resurfacing of courts at the Taroona and Kingston Tennis Clubs be made available from savings in the 2015/16 operational budget.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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INFORMATION REPORTS

MOVED SECONDED

That the following information reports be noted:

1. Mayor’s Communications.

2. Minutes of the Kingborough Access Advisory Committee.

3. Minutes of the Kingborough Road Safety Committee Minutes.

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

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MAYORS COMMUNICATIONS

Mayor Wass reported the following:

Appointments / Activities:

1. 10.00 a.m. Saturday 2.4.16 Met with and provided short address to weetapoona Aboriginal Corporation General Board Meeting. Venue : Y Space, 98 Beach Road, Kingston.

2. 2.00 p.m. Sunday 3.4.16 Attended Kingborough Lions United Football Club 1st home game in this years PS4 National Premier League home and away roster. Venue : Lightwood Park, Kingston.

3. 2.00 p.m. Tuesday 5.4.16 Met with Messrs Salim and Charlie Chedid. Venue : Civic Centre.

4. Attended Boots for Change, part of the national 2016 Boots for Change support farming families awareness campaign, with Cr Bastone also in attendance. Venue : Kingston Produce Market, Forecourt, Civic Centre.

5. 5.30 p.m. Wednesday 6.4.16 At invitation of ANZ Bank, in company with General Manager, Mr Arnold attended as a guest speaker to small and medium business operators in Kingborough. Venue : ANZ Bank, Kingston.

6. 8.30 a.m. Friday 8.4.16 In company with General Manager, Mr Arnold met with Senator Jacqui Lambie to brief her on Councils funding submission to the Federal Government, under the National Stronger Regions Fund for the former Kingston High School site. Venue : Civic Centre.

7. 4.00 p.m. Friday 8.4.16 Attended Colour Festival @ Kingston Beach, part of Youth Week Activities. Venue : Kingston Beach.

8. 7.00 p.m. Friday 8.4.16 Attended Tasmanian Young Achiever Awards, with Deputy Mayor Wriedt also attending. Venue : Wrest Point, Sandy Bay.

9. 12.00 Noon Saturday 9.4.16 At invitation attended Gymnastics Tasmania State Championships. Venue : Kingborough Sports Centre, Kingston.

10. 6.00 p.m. Saturday 9.4.16 Attended Kingborough Tigers Football Club 1st home game in this years Tasmanian State League, home and away roster.

11. 11.00 a.m. Tuesday 12.4.16 Met with Steve and Maryjean Wilson. Venue : Civic Centre.

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12. 10.20 a.m. Wednesday 13.4.16 In company with General Manager, Mr Arnold met with Graeme Phillips. Venue : Civic Centre.

13. 12.00 Noon Thursday 14.4.16 At invitation of Commonwealth Bank attended CEO luncheon. Venue : Henry Jones Art Hotel, Hunter Street, Hobart.

14. 11.00 a.m. Wednesday 20.4.16 In company with Deputy General Manager, Mr Ferrier and Strategic Planner, Planning Services, Mrs Cowen met with Hon Lara Giddings MP, Member for Franklin. Venue : Civic Centre.

15. 10.15 a.m. Thursday 21.4.16 In company with Deputy General Manager, Mr Ferrier attended the Bruny Island Inc Tourist Association meeting, attended by the Premier, the Hon Will Hodgman MP, Minister for Human Services, the Hon Jacquie Petrusma and Mr Nic Street, MP. Also in attendance Councillor Bastone. Venue : Bruny Island Premium Winery, Lunawanna.

16. 12.00 Noon Thursday 21.4.16 In company with Deputy General Manager, Mr Ferrier attended the Launch of the New Adventure Bay Jetty for Bruny Island Cruises, attended by Senator the Hon Richard Colbeck, Minister for Tourism and International Education, the Hon Julie Collins MP, Federal Member for Franklin, the Premier, the Hon Will Hodgman MP, Minister for Human Services, the Hon Jacquie Petrusma, Mr Nic Street, MP. Also attending Councillors Bastone, Fox and Grace. Venue : Adventure Bay.

17. 1.45 p.m. Thursday 21.4.16 In company with Deputy General Manager, Mr Ferrier attended a combined meeting of the Bruny Island Primary Industries Group and the Bruny Island Shellfish Growers Association, attended by the Premier, the Hon Will Hodgman MP, the Minister for Human Services, the Hon Jacquie Petrusma, Mr Nic Street, MP. Also attending Councillors Bastone, Fox and Grace. Venue : Bruny Island Community Health Centre, Alonnah.

18. 10.00 a.m. Friday 22.4.16 In company with General Manager, Mr Arnold attended LGAT general meeting. Venue : Tramsheds, Launceston.

19. 6.00 a.m. Monday 25.4.16 At invitation of Taroona ex-Services Club attended and laid a wreath at the ANZAC Dawn Service. Venue : Taroona.

20. 11.00 a.m. Monday 25.4.16 At invitation of Lions Club of Kingborough attended and laid a wreath at the ANZAC Service, and attended ANZAC Sports Carnival. Venue : Snug Park, Snug.

21. 2.35 p.m. Monday 25.4.16 Attended the Tasmanian Football League ANZAC Day clash for the ‘Fred House Shield’ between Kingborough and Glenorchy Football Clubs. Venue : Twin Ovals, Kingston.

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22. 10.30 a.m. Tuesday 26.4.16 In company with General Manager, Mr Arnold, Deputy General Manager, Mr Ferrier and Manager, Community & Recreational Services, Mr Smee met with representatives from Cricket Tasmania and Kingborough District Cricket Club. Venue : Civic Centre.

23. 10.00 a.m. Friday 29.4.16 In company with General Manager, Mr Arnold and Deputy General Manager, Mr Ferrier met with Ms Ellen Witte of SGS Economics and Planning for an update on Local Government Reform. Venue : Civic Centre.

24. 2.00 p.m. Friday 29.4.16 In company with General Manager, Mr Arnold conducted Citizenship Ceremony (27 participants) with Councillors Fox and Percey attending. Venue : Twin Ovals Function Centre, Kingston.

25. 2.30 p.m. Sunday 1.5.16 At invitation of Brave Foundation attended the ‘World’s Biggest Baby Shower’. Venue : Villa Howden, Howden.

Attended by Representative of the Mayor:

1. 6.30 a.m. Monday 25.4.16 At invitation of Kingston Beach RSL Sub-Branch, Councillor Winter attended and laid a wreath at the ANZAC Dawn Service. Venue : Kingston Beach.

2. 6.00 a.m. Monday 25.4.16 At invitation of Kingborough RSL Sub-Branch, Councillor Bastone attended and laid a wreath at the ANZAC Dawn Service. Venue : Woodbridge.

3. 6.00 a.m. Monday 25.4.16 At invitation of Bruny Island RSL Sub-Branch, Mr Bill Hughes attended and laid a wreath at the ANZAC Dawn Service. Venue : Alonnah.

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MINUTES

KINGBOROUGH ACCESS ADVISORY COMMITTEE

Meeting No. 2016-2

Wednesday 13 April 2016

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Minutes of a Meeting of the Kingborough Access Advisory Committee to be held at the Kingborough Civic Centre, Kingston, on Wednesday, 13 April 2016 at 2.00pm.

PRESENT

PRESENT APOLOGY

Chairperson Cr Paula Wriedt 3 Members Paul Gilby (Community 3 representative) Sue Hawker (Community 3 representative) Kris Apps (Community 3 representative) Tony Cane (Community 3 representative) Julie Taylor (Arthritis Tasmania and Osteoporosis Tasmania 3 representative) David Vickery (Community 3 representative) Council Officers in Renai Clark (Roads & Stormwater 3 attendance Engineer) Julie Alderfox (Community 3 Development Officer) Sarah Wilcox-Standring 3

LEAVE OF ABSENCE

No leaves of absence requested.

DECLARATIONS OF INTEREST

There were no declarations of interest.

CONFIRMATION OF MINUTES

Moved David Vickery /Seconded Julie Taylor

That the Minutes of the Committee meeting held on 10 February 2016 as circulated, be confirmed.

BUSINESS ARISING FROM PREVIOUS MINUTES

Kingston Beach Sailing Club

Kingston Beach Sailing Club representative Mr Stephen Reynolds attended the meeting to discuss issues being experienced by people with disabilities using the Kingston Beach area on sailing days.

Mr Reynolds assured committee members that the information received would be taken to the next Sailing Club meeting and that communication streams within the membership will be used

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to convey reminders about access issues. Mr Reynolds noted that Sailing Club marshals are present on sail days and should be approached if issues are being experienced and/or club officials notified of any failure by marshals to ensure pedestrian access is maintained.

Council staff reported that a comprehensive master plan is being developed for the Kingston Beach foreshore with a variety of solutions being explored to address current problems including; changed traffic flows, signage and changes to parking area usage.

Committee Chair Cr Wriedt expressed gratitude to the Kingston Beach Sailing Club for sending a representative to the meeting.

It was suggested that a letter be sent to the Kingston Beach Sailing Club at the start of the sailing season to remind the sailing community of the issues raised. Staff to follow up.

Accessible Business Premises Brochure

Council’s Communications Officer attended the meeting to receive feedback on the production of the ‘Building an Accessible Business Premises’ brochure. Amendments were suggested and the revised brochure is to be distributed to committee members prior to final approval.

Blackmans Bay Shopping Centre Issues

Staff reported that no response had been received regarding an invitation to Blackmans Bay Shopping Centre management to attend an onsite meeting to discuss access issues.

Kris Apps arrived at the meeting at 2.55pm

It was resolved that individuals should be encouraged to bring the centre management’s attention to the problems being faced by centre users and to encourage management to provide a more user friendly centre.

It was decided that a follow-up request is to be sent to the centre management for an on-site meeting and that individuals be encouraged to convey their displeasure about conditions for those with mobility issues.

CORRESPONDENCE

No correspondence in.

Out

Letter to Blackmans Bay Shopping Centre.

GENERAL BUSINESS

Development Applications

No Development Applications were presented for comments.

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OTHER BUSINESS

Beach Road Traffic Calming

A question was raised about Council’s position on the use of speed humps/cushions as traffic calming measures.

In response, Council staff reported that speed humps were no longer the preferred method to reduce speeding and that various measures such as reducing sightlines, narrowing of carriageways and use of different surface treatments were preferable.

It was reported that traffic counters will be installed on Beach Road to determine if a speeding problem exists and follow up actions will be undertaken as required.

MATTERS OF GENERAL INTEREST

Yellow Line at Balmoral Rd

Staff to confirm when work to extend the yellow line is scheduled to take place.

Invitation to Surf Life Saving Club

An invitation is to be sent to the Kingston Beach Surf Life Saving Club to attend the June meeting of the Access Advisory Committee to discuss access issues arising when Surf Life Saving activities are taking place at the foreshore.

NEXT MEETING

The nest meeting of the Access Advisory Committee is scheduled to take place on Wednesday 8th June 2016, starting at 2pm at the Civic Centre.

CLOSURE: There being no further business, the Chairperson declared the meeting closed at 3.50pm.

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MINUTES

KINGBOROUGH ROAD SAFETY COMMITTEE

Meeting No. 2016-2

Wednesday 13 April 2016

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MINUTES of a Meeting of the Kingborough Road Safety Committee held at the Kingborough Civic Centre, Kingston, on Wednesday 13 April 2016 at 9.00a.m.

PRESENT

PRESENT APOLOGY Chairperson Cr Paul Chatterton 9 Members: Community Representatives Mr Neil Broomfield 9 Mr Michael Hughes 9 Mr Andrew Knight 9 left 10am Ms Rae Wells 9 Kingborough Access Committee RACT Mr Peter Gillon Kingborough Bicycle Advisory Mr Richard Langman 9 Committee Tasmania Police Snr Sgt Adam Stanwix 9 left 10.10am Kingborough Community & Police Mr Bill Brundle 9 Liaison Group Council Officers In Attendance: Executive Manager Engineering Mr David Reeve 9 Services Roads & Stormwater Engineer Mrs Renai Clark 9 Communications Officer Ms Sarah Wilcox 9 Executive Assistant Ms Julie Summerfield 9 In Attendance: Bruny Island Ferry Mr Graeme Phillips from 9.22am Mayor Cr Steve Wass 9 Cr David Grace 9

LEAVE OF ABSENCE

A leave of absence was recorded for Michael Hughes.

DECLARATIONS OF INTEREST

There were no declarations of interest.

CONFIRMATION OF MINUTES

MOVED: Bill Brundle SECONDED: Neil Broomfield

That the Minutes of the Committee meeting held on Wednesday 10 February 2016, as circulated be confirmed.

Carried

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BUSINESS ARISING FROM PREVIOUS MINUTES

Media and Communications

This item was moved to General Business.

Cycling Safety

Senior Sergeant Stanwix and Rae Wells voiced their concerns over cycling in pairs and packs.

The Roads & Stormwater Engineer to raise the matter with Council’s Cycling South representative. It is hoped Cycling South will participate with both Tasmania Police and Council’s Communications Officer to hold a campaign reminding cyclists of their obligations.

Rae is to be advised of progress.

Road Safety on Bruny Island

This item was deferred until later in the meeting.

Kingborough Community and Police Liaison Group (KC&PLG) Minutes

The Group’s 17 February 2016 meeting was deferred to 20 April 2016 due to a lack of quorum.

VMS Trailer

The Executive Assistant Engineering Services successfully gained approval for the VMS trailer to be deployed at Channel Highway, Margate for a week and Great Bay, Bruny Island over the Easter period. “Speeding Shatters Lives” was the messaging theme.

Julie will continue to submit applications for permits to State Growth, however please note that it can take up to a month to obtain a permit, and approval needs to be obtained for every occasion the VMS is to be deployed on State Roads.

Julie is currently waiting on permits for the Kingston Bypass and Huon Highway as part of National Road Safety Week, with this year’s main theme being “Distraction”.

CORRESPONDENCE

Inwards

x Email from Eva Cripps tendering her resignation from the Committee.

Outwards

x Email to Graeme Phillips of Bruny Island Ferry Company extending an invitation to the Committee’s next meeting.

x Email to Graeme Phillips of Bruny Island Ferry Company regarding the Committee’s Easter campaign.

x Letter of appreciation to John Reeves.

x Letter to RACT re Committee Membership. The Executive Assistant to follow up with a phone call.

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GENERAL BUSINESS

Committee Representatives

The Chairperson had discussed the Committee’s vacant community representative positions with the Mayor and General Manager. It was decided not to fill these positions until the end of term (31 December 2016). The Terms of Reference will be reviewed before calling for representation.

Bruny Ferry Traffic

Neil Broomfield congratulated Tasmania Police on ferry traffic management over the Easter Period. It was noted by Senior Sergeant Stanwix that ferry traffic was the responsibility of State Growth.

The Roads & Stormwater Engineer to liaise with State Growth requesting they assist with traffic management during peak periods.

Headlights

The Mayor voiced his concerns about motorists driving with one headlight and thought that the Committee could consider holding an information session.

Mr Graeme Phillips attended the meeting at 9.22a.m.

BUSINESS ARISING FROM PREVIOUS MINUTES

Road Safety on Bruny Island

The Chairperson welcomed Graeme Phillips from the Bruny Island Ferry.

The current and future arrangements of the two ferries, including traffic volumes was discussed. Graeme has had issues in the past with tourists using the ferry.

It was noted that time is a factor in ensuring the smooth running of the ferry service, so handing out road safety material with tickets was not considered to be an option.

Graeme agreed to work with the Communications Officer to look at alternative ways of getting key road safety messages out to ferry users.

GENERAL BUSINESS

Summerleas Road/Huon Highway Intersection Improvements

Andrew Knight updated the Committee on progress. Community feedback received has been positive. The proposed preliminary design has been presented to RACT and public displays have been held at Channel Court and Council.

Noise monitoring has been undertaken due to noise concerns.

Expected timeline is December 2015 through to April 2018.

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Media and Communications

The SIMWORX Driver Training Simulator event 8 March 2016 was considered successful. Participants were asked to come up with ideas for road safety campaigns, which will be used for getting out key messages to the community.

A draft social media ad was shown that will be placed on social media and Council websites in the next couple of weeks. The focus of the ad is texting and driving and drink driving.

Andrew Knight left the meeting at 10.00a.m.

The Bobbie the Bear social media campaign was pulled halfway through due to tweets about toilets on Bruny Island. It was thought that the campaign could be revisited later on.

Learner Drivers

Senior Sergeant Stanwix asked if the Committee would consider exploring the idea of adults teaching learner drivers sitting the same test as the learners.

To be placed on the agenda of the next meeting.

Senior Sergeant Stanwix left the meeting at 10.10a.m.

Safety Concerns Roslyn Avenue

Bill Brundle had representation from a resident regarding increasing traffic volumes on Roslyn Avenue and access difficulties crossing the road at the bus stop on Beach Road near the Roslyn Avenue traffic lights.

The Roads & Stormwater Engineer to liaise with State Growth regarding the traffic light arrangements and investigate options for the bus stop.

It was thought that motorists need to be educated to use Algona Road.

Hooning

Neil Broomfield raised that hooning is becoming more prevalent.

To be discussed at the next meeting.

Pedestrian Concerns

The Executive Assistant had representation from a resident in Tinderbox Road regarding a jogger travelling one metre from the edge of the road facing oncoming traffic every morning. Tasmania Police had referred the resident to the Road Safety Committee.

The Committee noted the resident’s concerns, conveying that the matter is outside the Committee’s jurisdiction and that it be referred back to Tasmania Police.

Future Meetings

It was agreed that the next meeting be deferred to Wednesday 22 June 2016 at 9.00a.m. and that future meetings be held on the fourth Wednesday every two months.

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Richard Langman noted he will be an apology for the next meeting and will arrange for a replacement.

MATTERS OF GENERAL INTEREST

There were no matters of general interest.

The Chairperson thanked Graeme Phillips for attending the meeting and his input.

NEXT MEETING

The next meeting of the Committee is to be held on Wednesday 22 June 2016, starting at 9.00a.m. at the Civic Centre.

CLOSURE: There being no further business, the Chairperson declared the meeting closed at 10.23a.m.

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CONFIRMATION OF ITEMS TO BE DEALT WITH IN CLOSED SESSION

MOVED SECONDED

That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015 the following items are to be dealt with in Closed Session.

Matter Local Government (Meeting Procedures) Regulations 2015 Reference

Applications for Leave of Absence 15(2)(h)

Contract for Kiosk – Dru Point Bicentennial Park 15(2)(d)

VOTING For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

CLOSED SESSION

MOVED SECONDED

That in accordance with Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015 that Council move into Closed Session.

VOTING For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

In accordance with the Kingborough Council Meetings Audio Recording Guidelines Policy, recording of the open session of the meeting will now cease.

The Open Session of Council adjourned at

OPEN SESSION OF COUNCIL ADJOURNS

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OPEN SESSION OF COUNCIL RESUMES

The Open Session of Council resumed at

MOVED SECONDED

The Closed Session of Council having met and dealt with its business resolves to report that it has determined the following:

Subject Decisions/Documents Applications for Leave of Absence Contract for Kiosk – Dru Point Bicentennial Park

VOTING

For Against For Against Cr Atkinson Cr Grace Cr Bastone Cr Percey Cr Dr Bury Cr Wass Cr Chatterton Cr Winter Cr Fox Cr Wriedt

CLOSURE There being no further business, the Chairperson declared the meeting closed at

...... (Confirmed) (Date)

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