|
Regulatory
Committee
05 July 2022
|
|
Note: a
roll-call was conducted that ascertained the following members were in
attendance at the commencement of the meeting.
|
Member
|
Member
|
|
Cr L Cooper
|
ü
|
IMSB Chair D Taipari
|
ü
|
|
Cr J Bartley
|
ü
|
IMSB Member G Wilcox
|
ü
|
|
Cr C Casey
|
ü
|
Cr S Stewart
|
ü
|
|
Cr E Collins
|
ü
|
Cr P Young
|
|
|
Cr S Henderson
|
ü
|
Mayor P Goff (Ex-officio) apology
|
|
|
Cr D Newman
|
|
Deputy Mayor B Cashmore (Ex-officio) apology
|
|
1 Apologies
2 Declaration
of Interest
There were no
declarations of interest.
3 Confirmation
of Minutes
4 Petitions
There were no
petitions.
5 Public
Input
There was no
public input.
6 Local
Board Input
There was no
local board input.
7 Extraordinary
Business
There was no
extraordinary business.
|
9
|
Summary of Confidential Decisions and
related information released into Open
|
|
|
Resolution
number REG/2022/30
MOVED by Cr L Cooper, seconded by Cr S Henderson:
That
the Regulatory Committee:
a) note
the confidential decision and related information that is now publicly
available:
i) Appointment of Panel member to the National
Policy Statement - Urban Development plan change Independent Hearing Panel.
CARRIED
|
|
10
|
Summary of Regulatory Committee Information
- updates, memos and briefings - 5 July 2022
|
|
|
Resolution
number REG/2022/31
MOVED by Cr L Cooper, seconded by Cr P Young:
That
the Regulatory Committee:
a) note
the progress on the forward work programme appended as Attachment A of the
agenda report.
b) receive
the summary of Regulatory Committee report 5 July 2022.
CARRIED
|
|
11
|
Objection to Nuisance Abatement Notice by
Susan Nerney
|
|
|
Deputy Mayor B Cashmore joined the meeting at
10.06am
|
|
|
The hearing
commenced at 10.06am in relation to the objection against the Nuisance
Abatement Notices issued for dog ‘Freya’ under s55 of the Dog
Control Act 1996.
The objector addressed the committee and outlined the
classification and responded to questions.
Council staff addressed the committee and outlined the
classification and responded to questions.
The objector was given the opportunity to reply to the
matters raised by the council and provide the committee with final comments.
The hearing concluded at 10.54am.
|
|
Public Excluded
|
|
Resolution
number REG/2022/32
MOVED by Cr L Cooper, seconded by Cr P Young:
That the Regulatory Committee:
a)
exclude the public
from the following part(s) of the proceedings of this meeting.
The general
subject of each matter to be considered while the public is excluded, the
reason for passing this resolution in relation to each matter, and the
specific grounds under section 48(1) of the Local Government Official
Information and Meetings Act 1987 for the passing of this resolution follows.
This resolution is
made in reliance on section 48(1)(a) of the Local Government Official
Information and Meetings Act 1987 and the particular interest or interests
protected by section 6 or section 7 of that Act which would be prejudiced by
the holding of the whole or relevant part of the proceedings of the meeting
in public, as follows:
11 Determination of
Objection to Nuisance Abatement Notice by Susan Nerney
|
Reason for passing this resolution in relation to each matter
|
Particular interest(s) protected (where applicable)
|
Ground(s) under section 48(1) for the passing of this
resolution
|
|
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
|
s7(2)(i) - The withholding of the information is necessary to enable
the local authority to carry on, without prejudice or disadvantage,
negotiations (including commercial and industrial negotiations).
In particular,
deliberations of the decision could be compromise the council in
undertaking without prejudice negotiations of this objection pursuant to
section 33A of the Dog Control Act 1996
|
s48(1)(a)
The public conduct
of the part of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exists under section 7.
|
The text of these resolutions is made available to the
public who are present at the meeting and form part of the minutes of the
meeting.
CARRIED
|
10.55am The
public was excluded.
Resolutions in
relation to the confidential items are recorded in the confidential section of
these minutes and are not publicly available.
11.05am The
public was readmitted
RESTATEMENTS
It was resolved while the public was
excluded:
|
11
|
Determination of Objection to Nuisance
Abatement Notice by Susan Nerney
|
|
|
Resolution number REG/2022/33
MOVED by Cr L Cooper, seconded by Cr P Young:
That the Regulatory Committee:
a) hear
and determine the objection to the Noise Abatement Notice, and
b) uphold
the Noise Abatement Notice.
Restatement
c) agree
that the matter remain confidential until the conclusion of the hearing and
then be restated in the open minutes.
CARRIED
|
|
|
Reason for decision:
The Committee is
satisfied on the evidence presented by Animal Management Staff and in the
Agenda Report that the 8 year old Doberman called Freya has been barking in a
loud and persistent way such that the complainant’s use and enjoyment
of the property has been unlawfully and unreasonably interfered with.
The barking goes beyond alert barking, which is of a short duration.
Animal
management staff have adopted a graduated enforcement approach to this matter
including providing educational information around the causes of barking and
suggestions on ways that this could be controlled, such as by placing shade
cloth along the boundary fence and a noise and vibration bark collar on the
dog. Formal warning notice was issued.
The owner has
not taken steps to implement these suggestions and refused to put a bark
collar on the dog. The owners evidence was contradictory, at one time saying
her dog does not bark, at other times that there is alert barking and in an
incident in January 2022 accepted that there was nuisance barking on that
occasion when she was not home and could not arrange a dog sitter. However,
she continued to assert that the complaint was vexatious and in response to
her inability to fund half of a boundary fence however the Committee
preferred the evidence of the complainant and Animal Management officer.
For these
reasons the Committee is satisfied that the objection should be dismissed and
the Noise Abatement Notice confirmed.
|
12 Consideration
of Extraordinary Items
There was no
consideration of extraordinary items.
11.05am The
Chairperson thanked Members for their attendance and attention to business and
declared the meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF
THE Regulatory Committee HELD ON
DATE:.........................................................................
CHAIRPERSON:.......................................................
