Come Back in Three Weeks

Happenings in the Clarence City Council Chambers

2022-12-19: A Misguided Double Down

I usually go into these meetings with some sort of main event in mind, a drawcard, something I think will be the most interesting. Last meeting that was the Council Prayer motion,1 the meeting before the end of the election I was eyeing up the Little Howrah Beach item, and so on. This doesn’t always pan out. Tonight’s big item descends into mundanity and what should be simple becomes complex. Roll tape.

7.1

DEVELOPMENT APPLICATION PDPLANPMTD-2022/026489 – 26A ESPLANADE, LINDISFARNE - BOAT SHED AND JETTY

Recommendation (Approval)
  1. That the Development Application for Boat Shed and Jetty at 26A Esplanade, Lindisfarne (Cl Ref PDPLANPMTD-2022/026489) be approved subject to the following conditions and advice.

    1. GEN AP1 – ENDORSED PLANS.

    2. Construction access and methodology plan must be submitted and approved by Council’s Group Manager Engineering Services prior to commencement of works.

    3. An erosion and sedimentation control plan, in accordance with the Hobart Regional Soil and Water Management on Building and Construction Sites document, must be submitted and approved by Council’s Group Manager Engineering Services prior to the commencement of works. The plan must outline the proposed construction practices in relation to:

      • erosion, siltation, sedimentation and runoff from the property during construction;

      • procedures to prevent soil and debris being carried into the River Derwent; and

      • how works would be undertaken generally in accordance with ‘Wetlands and Waterways Works Manual’ (DPIWE, 2003) and “Tasmanian Coastal Works Manual” (DPIPWE, Page and Thorp, 2010).

    ADVICE

    • The Department of Natural Resources and Environment (Conservation Assessments) recommends that the impact site is surveyed by a suitably qualified person in accordance with the Guidelines for Natural Values Surveys - Estuarine & Marine Development Proposals.

    • A building surveyor will be required for the construction of the boatshed in relation to the application for building approval.

    • Marine and Safety Tasmania (MAST) recommends no vessels are to be berthed on the eastern side of the proposed development.

  2. That the details and conclusions included in the Associated Report be recorded as the reasons for Council’s decision in respect of this matter.

Ah, here’s what David Beard was here about at the last meeting. Unfortunately, it seems Beard’s concerns will be going unallayed: His question inquired about marine standards used in assessing the application, but such matters are really the realm of MAST2, ruling them out from consideration at the planning stage.

Councillor James has some issues with setbacks from the proposed building and a lack of forecourt, but Councillor Walker notes there has been no alternative floated, and the idea doesn’t seem to have legs under the scheme anyway. We avoid last meeting’s mess by a good margin, though there is a somewhat bizarre vote against from Councillor Mulder, who’d seconded the recommendation.3

Recommendation (Approval)

10
FOR
Blomeley, Chong, Darko, Goyne, Hulme, Hunter, Kennedy, Ritchie, Walker, Warren
2
AGAINST
James, Mulder
CARRIED

Mayor Blomeley continues to have some issues with correctly providing right of reply speeches to movers of motions, though there are extenuating circumstances in parts. A quick jaunt through the Quarterly Report4 takes us up to:

8.4.2

APPOINTMENT TO COMMITTEES, BOARDS AND AUTHORITIES

Recommendation
  1. That the following schedule of nominations be endorsed by Council: [see minutes, I’m not dealing with tables right now]

Where we find the unexpected excitement I was talking about. All positions5 filled by nomination, no elections required, should be very simple, and yet… Councillor Mulder gets up to object to the nominations for the CEO Review Committee (set as the Mayor and two other members, in this case Councillors Ritchie and Goyne for 2 and 1 years respectively) but his objection is based on completely incorrect information.

Now I also have a problem with this selection in that I don’t think both the Mayor and the Deputy Mayor should be on this specific committee, reviewing as it does the third member of the Executive, but we take what nominations we get. No, no, Mulder’s objection relates to the Better Clarence Team that Blomeley and Ritchie led at the elections in October. Mulder complains that all three nominees for the committee are members of that team, which might be reasonable… If Goyne had actually been one.

Councillor Goyne was not a member of the Better Clarence Team, indeed, she was not a member of any ticket that went to the election, operating a completely independent campaign. The Mayor goes to correct Mulder, who doubles down??? Blomeley is6 correct to call the behaviour poor and, yes, tawdry.7

The back and forth, which ends up dragging in Councillor James, and results in no meaningful apologies from anyone involved, so confuses matters as to cause the Mayor to attempt to call the motion before everyone has had the opportunity to weigh in. Fortunately, some people are on the ball and we do get to hear the remaining speeches in a far less combative manner. Indeed, it seems an extensive process has brought things to where they stand, and the vote shows how much simpler this all could’ve been:

Recommendation

CARRIED UNANIMOUSLY
8.4.2

CHAMBROAD REQUEST FOR EXTENSION OF TIME AND MODIFIED DEVELOPMENT PROPOSAL FOR A HOTEL

Recommendation
  1. Notes the terms of the “Standstill Agreement” negotiated between Council and Chambroad Overseas Investment Australia Pty Ltd (Chambroad), dated 14 October 2022, requiring Council to advise Chambroad on or before 5.00pm, 21 December 2022:

    1. If Council does not accept the Modified Development proposal; and

    2. Whether or not Council consents to Chambroad’s request for a further extension of time to satisfy clause 6.3 of the current Sale and Development Agreement (SDA).

  2. Does not consent to Chambroad’s request for a further extension of time to satisfy clause 6.3 of the SDA (as made by a letter, and supporting letter, dated 27 September 2022) and subsequently deferred in accordance with the Standstill Agreement, to achieve substantial commencement of the project under the current SDA, for the reasons set out in this report (specifically at paragraphs 2.12 to 2.16 of the Associated Report) and summarised below:

    1. that the SDA “substantial commencement” requirement relates to a physical start of works and does not require consideration of contractual or other matters related to the project;

    2. that Chambroad has not provided any reasons sufficient to justify why it has not substantially commenced the development by starting the physical works referred to in clause 6.3 of the SDA or why that failure is not within the reasonable control of Chambroad; and

    3. that, to the extent if any that Chambroad securing an education provider is relevant, while Chambroad has made significant attempts to secure an education provider to support the project, by its own admission that now appears unlikely to occur in the short to mid-term due to substantial changes to the education market post-pandemic. A further extension of time for substantial commencement, no matter how long, is unlikely to result in Chambroad securing an education provider in the short to medium term.

  3. Does not accept the Modified Development proposal provided by Chambroad (Attachment 3), on the basis that:

    1. there has been inadequate time to properly consider the Modified Development proposal and insufficient detail as a consequence of time constraints;

    2. there has been no public consultation on the Modified Development proposal undertaken by Chambroad and therefore no opportunity for Chambroad to consider that feedback and refine its design before seeking the agreement of Council; and

    3. As of 14 December 2022, Chambroad communicated that they would not include concept designs in the information pack to be released with this agenda item and sought for the draft Development Agreement, which was negotiated under the “Standstill Agreement”, to remain confidential at this stage. Both these circumstances were contrary to clearly stated requirements put forward by council officers at the commencement of this process.”

In comparison, though it does take a little under an hour of speeches to get there, this item is an absolute cakewalk. The meeting opened with deputations from two Chambroad representatives urging councillors not to take up the officers’ recommendation to deny COIA’s request for a yet further extension to achieve substantial commencement… And also completely change the fundamental nature of the project from a hotel and hospitality school to not only just a hotel but a completely differently designed one at that.

Those designs, by the way, only went public at 7pm on the night of the meeting, i.e. the start of the meeting. Apparently both it and a draft Development Agreement could’ve been available sooner, but Chambroad baulked on the former and refused on the latter, despite Council’s requirements. Call that transparency, because I don’t.

There is almost unanimous support for the officers’ advice, backed as it is by well-considered legal advice telling councillors the time was not yet ripe to activate the much-discussed buyback clause, but I had made a bold prediction to my family in the leadup: The vote would come to 11-1, with Councillor James as the only holdout because he didn’t think the recommendation went far enough. Lo and behold, in the middle of a series of speeches ranging from eagerness to put this chapter behind us to notes that the community had had less than an hour to look at the design and hey maybe this new idea will be good, Councillor James is the only one to indicate he’ll be voting against because, against the legal advice, he would rather call the buyback immediately, considering the recommendation a dragging out of proceedings.

This is all well and good, and I’m sure he’ll find plenty in the community who agree with him, but as someone who lives in Clarence, I’d rather Clarence wasn’t spending money on otherwise unnecessary legal battles. And besides, there’s always the next meeting. No, seriously, at time of going to press, we’ve received the agenda for tonight’s8 meeting, which includes no less than four items related to the Kangaroo Bay project.

There is little good news in this decision for COIA, despite their best(?) efforts. I don’t subscribe to the idea that foreign investment is by default a bad thing, though I am wary of projects that appear to have state backing. Despite this philosophy, it is difficult for me to see a way forward for Chambroad in Clarence. The site remains as it was half a decade ago, a slightly larger gravel pit than there was before, where a project that couldn’t find the backers it wanted never really got off the ground. Whether anything ever will is anyone’s guess.

Recommendation

11
FOR
Blomeley, Chong, Darko, Goyne, Hulme, Hunter, Kennedy, Mulder, Ritchie, Walker, Warren
1
AGAINST
James
CARRIED
10

COUNCILLOR’S QUESTION TIME

Tonight’s keywords: Pipe Clay Esplanade,9 AFL Tasmania and the Clarence Zebras11, Olympia FC Warriors12, planning staff13, voting fine waivers14, Mount Rumney15, derelict property16

Which finally brings me to the end of the meeting. Sorry again for taking so long, hopefully I can do better in future. Next post should be the next meeting, and that election expenditure wrapup is still on the way, just as soon as I get my inspection in.

19 December, 2022 Vote Record

FOR AGAINST ABSTAIN18 MOVED SECONDED
Blo Cho Dar Goy Hul Hun Jam Ken Mul Rit Wal War
Present
4. Omnibus Items
Recommendations CARRIED UNANIMOUSLY
7. Planning Authority Matters
7.1. Development Application PDPLANPMTD-2022/026489 – 26A Esplanade, Lindisfarne - Boat Shed and Jetty
Rec Approval 10-2 CARRIED
8.4. Governance
8.4.1. Quarterly Report to 30 September 2022
Recommendation CARRIED UNANIMOUSLY
8.4.2. Appointment to Committees, Boards and Authorities
Recommendation CARRIED UNANIMOUSLY
8.4.3. Chambroad Request for Extension of Time and Modified Development Proposal for a Hotel
Recommendation 11-1 CARRIED

  1. The moment of reflection tonight was even briefer than I was already expecting. If they’re all going to be that short I couldn’t care less whether it sticks or not. Big win. 

  2. Who did, at least, provide some advice to the applicant. 

  3. Genuinely can’t find a reason for it in his speech, which read to me like a for vote was the only valid option, whether he liked it or not. 🤷‍♂️ 

  4. Just a quick question on Pass Road funding, another on the Rosny Hill lease and a third on homelessness from Councillor James. 

  5. At least those currently being made open, apparently there’s a big committee review going on at the moment, leaving a good chunk off the table tonight. 

  6. And I’m not usually going to be quick to praise him, so he can count himself lucky tonight. 

  7. adj., showy but cheap and of poor quality. (Oxford via Google) 

  8. I blame the holiday and the heat and also I have no work ethic and ooo look at that pretty bug over there. 

  9. A largely unsealed10 road in Cremorne running alongside Pipe Clay Lagoon, being considered in the development of Council’s Sealing Gravel Roads Strategy. 

  10. At its southernmost extremity it seems to just sort of become Cremorne Beach but there’s still eight or nine houses left. Proper houses too, a couple of them have pools and everything. Very weird. 

  11. Who booked Wentworth Park’s playing surface and social areas, respectively, the Zebras intending to hold their AGM, but AFL Tasmania assumed they were entitled to the social areas so that was a whole thing. 

  12. Who have lost their National Premier League Licence, and are looking into new options. 

  13. Who now only have a presence in the Bligh Street chambers in the morning. 

  14. Costs to council will be what they are. 

  15. Hooning and vehicular destruction and antennae, oh my! 

  16. If you’ve been to Bellerive, you know the one. 

  17. When I refer to an approval or refusal as alternative, I mean that it was recommended, but the motion in question substantially modified or replaced the recommendation. 

  18. Abstentions count as votes against. (Local Government (Meeting Procedures) Regulations 2015 s28(3)

Comments on "2022-12-19: A Misguided Double Down"