Agenda


Finance and Governance Committee

 

Monday, 12 November 2018

6.00pm

 

Dragon Room

Georges River Civic Centre

Level 1, corner Dora and MacMahon Streets

Hurstville

 

 

 

 

 


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 2

 

          Finance and Governance Committee

ORDER OF BUSINESS

 

1.      Acknowledgement of Country

2.      Apologies

3.      Disclosures of Interest

4.      Public Addresses to the Meeting

5.      Confirmation of Minutes of Previous Meeting

MINUTES: Finance and Governance Committee - 08 October 2018

6.      Committee Reports

FIN091-18         Advice on Costs and Status of Council's Court Proceedings - October 2018

(Report by Director Legal Services and General Counsel).................................... 4

FIN092-18         Quarterly Budget Review for Quarter Ending 30 September 2018

(Report by Senior Business Performance Accountant)........................................ 19

FIN093-18         Investment Report as at 30 September 2018

(Report by Finance Officer)........................................................................................ 33

FIN094-18         Code of Conduct Statistics 2018

(Report by Coordinator Corporate Governance).................................................... 52

FIN095-18         Audit, Risk and Improvement Committee Minutes from 6 August 2018

(Report by Internal Auditor)........................................................................................ 54

FIN096-18         Audit, Risk and Improvement Committee Minutes from the Special Financial Statements Meeting 24 October 2018

(Report by Internal Auditor)........................................................................................ 66

FIN105-18         Property Matter - Provision/Construction of Private Vehicular Access to Residential Properties Across Taylors Reserve, Lugarno

(Report by Head of Strategic Property)..................................................................... 70

FIN098-18         Property Matter - Proposed Short Term Licence Agreement for Car Parking to New South Wales Police - 2 Belgrave Street, Kogarah

(Report by Head of Strategic Property)..................................................................... 83

FIN099-18         Property Matter - Proposed Lease of Road Reserve - Beverley Park Golf Course

(Report by Strategic Property Specialist)................................................................. 86

FIN100-18         Georges River Council Quarterly Property Portfolio Report

(Report by Strategic Property Specialist)................................................................. 92

FIN101-18         Councillor Professional Development Annual Update

(Report by Acting Head of Executive Services)...................................................... 99

FIN102-18         Quarterly Report - Outstanding Council Resolutions as at 30 September 2018

(Report by Acting Executive Manager, Office of the General Manager).......... 102

FIN103-18         Georges River Council Draft Annual Report 2017-2018

(Report by Community Engagement Officer)....................................................... 141

FIN104-18         Cooperative Research Centre (CRC) Partnership Funding Application - Future Cities

(Report by Director Transformation and Change)............................................... 143  

7.      Confidential (Closed Session)

FIN008A-18       Sans Souci Bathers Pavilion

(Report by Director Legal Services and General Counsel)

 

 


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 6

Committee Reports

Item:                   FIN091-18          Advice on Costs and Status of Council's Court Proceedings - October 2018 

Author:              Director Legal Services and General Counsel

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation;

That the report “Advice on Costs and Status of Council’s Court Proceedings – October 2018” be received and noted.

 

 

Executive Summary

1.        Advice on Council’s Court proceedings for the period 22 September 2018 to 29 October 2018 is contained within this report.

2.        Total costs to date for the 2018/19 financial year for Court proceedings are $465,176.

3.        Total legal costs recovered to date for the 2018/19 financial year are $254,903.

4.        Total nett costs are $210,273.

 

Background

5.      The current Court Proceedings for the reporting period are broken down as follows:

Supreme Court

·        1 x Summons

Land and Environment Court

·        27 x Class 1 (Merit/DA)

·        4 x Class 4 proceedings (including 1 x Contempt of Court proceedings)

·        18 x Class 5 (Environmental Prosecutions) Summons’

Local Court

·        8 x Prosecutions

·        2 x Prosecutions (brought by NSW Police)

Cost Recovery

·        5 x cost recovery matters

 

New Matters

6.      Three new Class 1 appeals were received during the reporting period (Borina Pty Ltd, Abrahim and Australian Fitness Management Pty Limited) and one new Class 4 matter was commenced (Hville FCP Pty Limited). 

Finalised matters

7.      Four matters were finalised – (No. 1 Victoria Dragons Pty Limited, One Funds Management Pty Limited, Touma Property Developments Pty Limited and 80 Penshurst St Pty Limited ATF 80 Penshurst Street Trust).

 

Current Table

8.      The Court Proceedings current for the reporting period are set out below. The external costs include both external legal and expert consultants’ (Court witnesses’) fees.

 

 

 

No.

Property Address / Applicant / Proceedings Number

Description of Matter

Status / Critical Dates

Land and Environment Court Proceedings – Class 1 Appeals

1

11 Stanley Street & 28 – 36 Victoria Street, Kogarah

 

Applicant: No. 1 Victoria Dragons Pty Limited

Proceedings No. 217118 of 2017

Kogarah North Precinct

Class 1 Appeal against deemed refusal of DA9/2017/110/1 for demolition of existing buildings and construction of a residential flat building comprising 96 residential dwellings over 3 levels of basement parking.

S34 Agreement entered into.  Appeal upheld with amended plans on 23 October 2018.  The Applicant to pay Council’s s8.15(3) costs of $88,000 and additional contributions for public amenities in Kogarah North Precinct in the amount of $2.31million.

2

58 and 60 Blackshaw Avenue, Mortdale

 

Applicant:

Marion McDowell and Associates

 

Proceedings No.

294745 of 2017

Class 1 Appeal against refusal of Building Certificate Application No. 149D2016/0038 lodged on 21 September 2016 and refused on 20 September 2017.

Matter listed for contested hearing on 2 March 2018.  Applicant ordered to carry out structural rectification works to the warehouse building, to pay $7,000 for contribution to storm water works and to obtain Sydney Water consent relative to the sewer assets prior to the Council issuing building information certificate. Structural certification and Sydney Water approval received. Awaiting final certification from applicant before building certificate can be issued.

3

2 – 10 Woniora Road, Hurstville

 

Applicant:

Stellar Hurstville Pty Limited

 

Proceedings No. 2017/370324

Class 1 Appeal against deemed refusal of DA262/2016 for demolition of existing buildings and ancillary structures and construction of a new mixed use commercial residential building comprising three basement levels containing car parking and storage, ground floor commercial and basement parking and 12 residential apartment levels containing 112 apartments.

 

Matter was not resolved at the S34 Conference on 15 June 2018 and has been set down for hearing on 11 – 13 February 2018.  External heritage, traffic and urban design expert retained. 

4

2 – 4 Gladstone Street & 10 Victor Street, Kogarah

 

Applicant: Vortex Property Group

 

Proceedings No. 2017/377046

Kogarah North Precinct

Class 1 appeal against Council’s deemed refusal of DA 2017/0519 for demolition of existing structures and construction of eleven (11) storey residential flat building containing thirty eight (38) units with basement car parking at 2 – 4 Gladstone Street and 10 Victor Street, Kogarah.

Matter was not resolved at the S34 Conference on 11 July 2018.  External traffic, heritage and urban design briefed.  Matter is listed for hearing on 4, 5 and 6 March 2018.

5

832 – 836 King Georges Road & 51 Connells Point Road, South Hurstville

 

Applicant:  Cash Warwick Pty Limited

 

Proceedings No. 2017/384934

Class 1 appeal against Council’s deemed refusal of modification application no. MOD2017/0169 seeking to modify development consent structures and construction of a part 5, part 7 storey residential flat building containing sixty seven (67) units to provide for internal reconfigurations and addition of a storey to building B at 832-836 King Georges Road and 51 Connells Point Road, South Hurstville.

 

Matter did not resolve at S34 conciliation and has been terminated with an amended proposal being considered.   Matter has been set down on 9 November 2018 to enter into a S34 Agreement.  Matter listed on 9 November 2018 for a S34 Agreement to be filed.

6

5 – 9 John Street, Kogarah Bay

 

Applicant: Touma Property Developments

Proceedings No. 2018/38420

Class 1 appeal against Council’s deemed refusal of DA 2017/0663 for demolition of existing structures and construction of a six storey residential flat building with 44 units with associated 2 levels of basement parking.

 

Matter was listed for S34 Conference on 30 July 2018.  S34 Agreement entered into.  Applicant to pay costs pursuant to s8.15(3) of $9,000.

7

80 Penshurst Street, Penshurst

 

Applicant: 80 Penshurst St Pty Ltd ATF 80 Penshurst St Trust

 

Proceedings No. 2018/84104

Class 1 appeal against Council’s deemed refusal of Modification Application MOD2018/0007 to modify Development Consent 2016/0363 to add an additional unit on level 4, modifications that increase floor space to units on level 3, reduction of floor space for ground floor retail and addition of a substation.

 

Matter has been listed for hearing on 18 & 19 October 2018.  External planner and lawyer have been retained.  Section 34 Agreement entered into with top level of floor space removed following very late submission of amended plans. 

8

1 – 3 John Street, Kogarah Bay

 

Applicant: Al Abrahim

 

Proceedings No. 2018/114721

Class 1 appeal against deemed refusal to grant development consent to the Applicant for the demolition of existing structures and construction of a 7 storey residential flat building compromising 25 residential apartments and basement parking to

1 – 3 John Street, Kogarah Bay.

 

Matter listed for S34 Conference on 26 September 2018.  Matter was not resolved and has been listed for hearing on 9 and 10 April 2019.

9

22 Vaudan Street, Kogarah Bay

 

Applicant: Nelson Architecture Pty Limited

 

Proceedings No. 2018/121980

Class 1 appeal against deemed refusal of Development Application DA2017/0571 for the demolition of existing house, driveways and parking areas at 22 Vaudan Street, Kogarah Bay.

Matter is listed for hearing on 8 & 9 November 2018.  Section 8.15(3) costs paid in the amount of $3,000.  Amended scheme submitted. Section 34 Agreement being negotiated.

10

10 – 12 Mimosa Street, Oatley

 

Applicant: Ezra 1 Pty Limited

 

Proceedings No: 2018/140860

Class 1 appeal against deemed refusal of Development Application DA2018/0071 for demolition of existing structures and construction of basement car park and 8 attached units to be used as seniors living housing and other ancillary works.

 

Matter listed for S34 Conference on 17 October 2018.  External planner, traffic, acoustic and urban design consultants briefed.  Matter was not resolved at the S34 Conference and has been listed for hearing on 3 & 4 June 2019.

11

313 – 323 Princes Highway, Carlton

 

Applicant: Carlton Investments No. 1 Pty Limited

 

Proceedings No: 2018/ 140963

Class 1 appeal against deemed refusal of DA2018/0102 for demolition of existing structures and construction of a part five (5) part six (6) storey mixed use development with three (3) levels of basement car parking.

Matter listed for S34 Conference on 27 November 2018.  External solicitor, planner and traffic expert have been retained.

12

71 – 97 Regent Street, Kogarah

 

Applicant: 95 Regent Street Kogarah Pty Limited

 

Proceedings No: 2018/140943

Kogarah North Precinct

Class 1 appeal against deemed refusal of DA2017/0438 for demolition of existing structures and construction of a part 12 part 13 storey residential flat building development with 3 levels of basement car parking.

Matter listed for S34 Conference on 16 November 2018.  External experts for planning, urban design and traffic have been retained.

13

12 John Street, Kogarah Bay

 

Applicant: CAAE Consulting Pty Limited

 

Proceedings No: 2018/168099

Class 1 appeal against deemed refusal of DA2017/0595 for demolition of existing structures and construction of attached 1 and 2 storey dual occupancy with pools to each dwelling and Torrens title subdivision.

 

Matter listed for s34AA hearing on 4 & 5 December 2018.

14

22 – 26 Montgomery Street, Kogarah

 

Applicant: Icon Consulting Group Pty Limited

 

Proceedings No: 2018/167910

Class 1 appeal against deemed refusal of Development Application DA2018/0138 for partial demolition of existing buildings, restoration of existing heritage listed terraces and construction of a 12 storey plus rooftop, mixed use development consisting of 27 residential units, commercial retail floor area and basement car parking.

 

Matter listed for S34 Conference on 3 December 2018.  External planner, heritage and urban design experts retained.

15

36 Bunyala Street, Blakehurst

Applicant: Lateral Estate Pty Limited

 

Proceedings No: 2018/201275

Class 1 appeal against deemed refusal of DA2017/0649 for the demolition of existing structures, tree removal, excavation, shoring, piling works and the construction of a residential flat development comprising 49 apartments, basement car parking and landscape works.

 

Matter has been listed for S34 Conference on 21 February 2019.

16

44 Mulga Road, Oatley

Applicant: Franco & Susan Lynette Bonamici

Proceedings No: 2018/208552

Class 1 appeal against order to remove unauthorised paving dated 8 June 2018.

Matter listed for S34 Conference on 11 January 2019.

17

2 – 4 Allen Street & 42 – 44 Connells Point Road, South Hurstville

 

Applicant:  C A Camperdown Pty Limited

 

Proceedings No: 2018/213640

Class 1 appeal against deemed refusal of DA2017/0421 for the construction of an 8 storey mixed use building containing 64 residential units & 2 retail/commercial tenancies and 4 levels of car parking.   DA includes part of Council land (public car park).

 

 

Matter listed for S34 Conference on 20 December 2018.  External lawyer and planning consultants briefed.

18

158 Connells Point Road, Connells Point

 

Applicant: Chung Kei Ng

 

Proceedings No: 2018/223668

Class 1 appeal against LPP refusal of DA2017/0286 for alterations and additions to a dwelling, construction of a new building to rear and change of use into a child care centre.

 

Matter listed for S34 Conference on 24 January 2019.

19

7 Wharf Road, Kogarah Bay

 

Applicant: Rod Zoabi T/A ZTA Architects

 

Proceedings No: 2018/234703

Class 1 appeal against refusal of DA2017/0024 for demolition of existing structures and construction of three storey attached dual occupancy premises with swimming pools and outbuildings and subdivision of land.

Matter listed for s34AA Conciliation Conference on 13 & 14 March 2019.

20

70 Kyle Parade, Kyle Bay

 

Applicant: Marilyn Kidd

 

Proceedings No: 2018/214451

Class 1 Appeal against deemed refusal of DA2017/0625 for subdivision into 2 allotments and demolition of carport structure.

Matter is listed for S34 Conference on 13 November 2018.  External lawyer retained.

21

279 – 281 Belmore Road, Riverwood

 

Applicant: Riverwood Development Company Pty Limited

 

Proceedings No: 2018/244694

 

Class 1 appeal for refusal of DA2016/0219 for demolition of existing structures and construction of a mixed use development.

Matter is listed for S34 Conference on 4 March 2019.  External lawyer together with planning, traffic and acoustic experts retained.

22

44 Caloola Crescent, Beverly Hills

 

Applicant: Oscar Picciau & Xianyong Zhang

 

Proceedings No: 2018/246713

 

Class 1 Appeal against refusal of DA2018/0081 for demolition of existing buildings and construction of a new two storey dual occupancy including outbuildings, front fences and swimming pools.

Matter is listed for S34 Conference on 7 & 8 March 2019.

23

32 – 38 Montgomery Street, Kogarah

 

Applicant:  Lateral Estate Pty Limited

 

Proceedings No: 2018/260971

Class 1 Appeal against deemed refusal of DA2018/0139 for the demolition of existing structures and construction of a 12/13 storey mixed use development comprising a residential flat building with 74 apartments over ground floor retail, basement car parking and landscaping.

 

Matter listed for S34 Conference on 12 December 2018.  External planning, urban design and heritage briefed.

24

10 Renn Street, Kogarah Bay

 

Applicant: Zeina Masri

 

Proceedings No: 2018/281447

 

Class 1 Appeal against deemed refusal of DA2017/0662 for the construction of a two storey dwelling house with a basement pool, front fence and cabana.

Matter has been set down for S34AA conciliation on 11 & 12 April 2019.  External planning consultant retained.

25

513 Princes Highway, Blakehurst

 

Applicant: Borina Pty Limited

 

Proceedings No: 2018/296856

Class 1 Appeal against deemed refusal of DA2018/303 for the demolition of the existing motel and improvements and the erection of a residential flat building development comprising 43 units being 1 x 1 bed and 42 x 2 bed apartments over two levels of basement parking (77 cars).

Matter is set down for a S34 Conference on 29 April 2019.  External planning consultant retained.

26

505 – 507 Rocky Point Road, Sans Souci

 

Applicant: Al Abrahim

 

Proceedings No: 2018/317003

Class 1 Appeal against deemed refusal of DA 2018/0252 for the demolition of existing dwellings and ancillary structures and the construction of a

mixed-use development over basement parking.

Matter is listed for first directions hearing on 14 November 2018.  External planning and urban design experts retained.

27

125 Boundary Road, Peakhurst

 

Applicant: Australian Fitness Management Pty Limited

 

Proceedings No: 2018/310085

Class 1 Appeal against deemed refusal of DA2018/0129 for the fit

out and use as a fitness studio (recreation facility (indoor)opening 24 hours, 7 days and associated signage.

 

Matter is listed for first directions on 16 November 2018.

Land and Environment Court Proceedings – Class 4 Proceedings

1

977 Forest Road, Lugarno

 

Parties: The Congregational Christian Church in Samoa, Parish of Sydney Incorporated and Taeipo Malifa

 

 

Proceedings No. 2018/23816

 

Proceedings commenced against Respondents for a declaration that the First and Second Respondents have each breached the Protection of the Environment (Operations) Act 1997 by failing to comply with prevention notices given to each of them under section 96 of that Act by Council.

 

Mediation on 2 occasions has failed to resolve noise issues.  Council’s evidence filed.  Matter has been listed for hearing on 12 & 13 December 2018.  External lawyers briefed.

2

34 Milsop & 47 Jersey Avenue, Mortdale

 

Parties: Robert Stojanovski &

Steven Stojanovski

Proceedings No. 2018/99739

 

Proceedings commenced for unauthorised erection of structures and slabs, including habitation of structure at the premises.

Matter listed for hearing on 21 August 2018.  Justice Pepper handed down judgment ex tempore and made orders for demolition of unauthorised building within 28 days.  Respondent has failed to comply with Court Orders.  Lawyers instructed to commence contempt proceedings.

3

39 – 41 Park Road, Hurstville

Parties: Owners of 63227

Proceedings No. 2018/282459

 

 

Proceedings commenced for non- compliance with fire safety orders.

Council’s evidence filed.  Matter is listed for further directions hearing on 7 December 2018.

4

East Quarter – 93 Forest Road,
Hurstville

 

Parties:  Hville FCP Pty Limited

 

Proceedings No: 2018/311231

Proceedings commenced for non payment of contributions under a Voluntary Planning Agreement for Stage 3 of East Quarter site.

Matter is listed for first directions hearing on 9 November 2018.

Land and Environment Court Proceedings – Class 5 Proceedings

1

111 Gungah Bay Road, Oatley

 

Parties: W K Strong Pty Limited

Proceedings No: 2018/227315, 2018/227316, 2018/227317, 2018/227361, 2018/227362 and 2018/227363.

 

Parties: Nader Haidar

Proceedings No: 2018/227331, 2018/227332, 2018/227333, 2018/227377, 2018/227378 and 2018/227379.

 

Parties: Khaled Awada

Proceedings No: 2018/227336, 2018/227337, 2018/227338, 2018/227399, 2018/227400 and 2018/227401.

Class 5 appeals in relation to lopping and injuring trees and development not in accordance with development consent at 111 Gungah Bay Road, Oatley.

 

Matter listed for further directions and Motion on 9 November 2018.  Council’s evidence in chief filed.

Local Court Proceedings

1

8 Kimberley Road, Hurstville

Parties:

Petre Dimovski

Prosecution for unlawful tree removal.

Guilty plea entered.  A conviction was recorded, defendant has agreed to pay $10,000 prosecutor’s costs.  Judgment on sentence to be handed down by Magistrate Bartley on 5 December 2018.

 

2

7 Isaac Street, Peakhurst

Parties:

Christina King

Prosecution for no PCA signage erection and site fence down on ground.

 

Matter listed on 24 September 2018 for hearing.  Matter withdrawn for lack of evidence, no order as to costs.

3

6 Loch Maree Crescent, Connells Point

Parties:

Mende Dimovski

Prosecution for 2 offences of development without consent involving failure to display sign and storage of building materials on public road.

 

Defendant pleaded not guilty.  Matter fixed for hearing on 26 September 2018.  Court found Mr Dimovski guilty and issued fines of $6,300 and $2,000 costs.

4

10 Tasker Avenue, Peakhurst

Parties:

Steve Krimizis

Police prosecution for making threats to and intimidation of Council’s environmental health officer and customer service officer. 

 

Matter has been adjourned for hearing to 8 February 2019.  Council has a watching brief only.

5

24 Ballantyne Road, Mortdale

Parties:

Gavin McLennan

Prosecution for development without consent – no sign erected showing PCA.

 

Matter listed for hearing on 19 October 2018.  A Section 10 was recorded and the defendant was ordered to pay Council’s costs of $1500.

6

Parties: Mr Xie

Police prosecution for an assault on Council’s parking officer.

Matter has been listed for hearing on 13 December 2018.  Council has a watching brief only. 

 

7

20 Torrens Street, Blakehurst

Parties: Danny Noumeir

Prosecution for offences of development without consent involving non-compliant signage, non- compliant sediment and erosion controls, required documentation not being supplied to Council and a possible pollution incident with materials being tracked off the site.

Matter is listed for hearing on 20 November 2018.

8

50 Queens Road, Connells Point

 

Parties: SAF Developments Pty Limited

Offences of development without consent involving unauthorised road closures, materials being stored on the road reserve area, defective/non-compliant sediment and erosion controls , defective non- compliant signage, defective tree protection facilities and allowing materials to enter the storm water system.

 

On 2 October 2018 the Defendant was found guilty and the Court imposed fines of $227,000 and costs of $2,500.

The Defendant has lodged an appeal which is listed for hearing of the annulment on 13 November 2018.

9

46 Terry Street, Blakehurst

 

Parties: Austyle Projects Pty Limited

 

Prosecution for offences of development without consent involving unauthorised road closures, materials being stored on the road/footpath reserve area and non- compliant signage.

 

Matter listed for contested hearing on 1 February 2019.

10

 

7 Elwin Street, Peakhurst

 

Parties:  WVB Constructions Pty Limited

Prosecution for construction out of hours.

Matter is listed for hearing on 18 February 2019.

Supreme Court

1

220 – 226 Princes Highway, Kogarah Bay.

 

Parties:

Nikolaos & Marianna Sykalos

Proceedings No.

2018/215935

Supreme Court appeal seeking transfer of ownership of public car park on corner of Princes Highway and Park Road to the plaintiffs as adjoining land owners allegedly pursuant to an historic Deed.

Matter listed for further directions hearing on 11 December 2018. 

Costs Recovery

1

37 Boronia Street

KYLE BAY

 

Parties:

Mrs Megan McOnie

 

Proceedings No.

40940 of 2015

Class 4 commenced in relation to failing to comply with Council Notices/Orders relating to a non-compliant swimming pool fence, overgrown vegetation and unhealthy swimming pool water.

Court Orders in support of Council’s Notices/Orders made including costs.  Pool safety works to be completed and Mortgagee to sell property.  Council will seek to recover outstanding rates and costs upon sale.  Mortgagee in possession will not commence the sale until the pool complies with the Swimming Pools Act 1992.

Council to make further inspection of the pool to determine compliance.

2

977 Forest Road, Lugarno

 

Applicant: Congregational Christian Church Samoa Parish of Sydney

 

Proceedings No: 103967 of 2017

Class 1 Appeal against refusal of DA2015/0443 for a child care centre.

Council successful in obtaining costs order for $1,200 following applicant’s application being out of time.  Costs recovery action being undertaken by external costs recovery agency as the Church and Rev Malifa refused to pay.   Recovery action being commenced. 

 

3

70 – 78 Regent Street, Kogarah

 

Applicant: Regent Land Pty Limited ATF Regent Land Unit Trust

 

Proceedings No. 215083 of 2017

Kogarah North Precinct

Class 1 Appeal against deemed refusal of DA 2017/111 for the demolition of existing buildings over eight lots (5 properties), amalgamation of the lots and development of an 11 storey residential flat building with 127 apartments and 145 car parking spaces.

 

Appeal upheld with amended plans for 104 apartments on 24 July 2018.  Council awarded costs – currently negotiating costs amount.

4

2 – 10 Palmerston Street, Kogarah

 

Applicant: Palmerston Dragon No. 1 Pty Limited

 

Proceedings No. 217105 of 2017

Kogarah North Precinct

Class 1 Appeal against deemed refusal of DA9/2017/112/1 for demolition of existing buildings and construction of a residential flat building comprising 67 residential dwellings over 2 levels of basement parking.

Matter was listed for hearing on 20 & 21 September 2018.  External urban design, planning and traffic consultants briefed. S34 Agreement was entered into on 20 September 2018 following amended plans which are height and FSR compliant.  The Applicant to pay Council’s s8.15(3) costs of $84,000 by 30 November 2018.

5

47 Croydon Road, Hurstville

Parties:

Van Lam

Police prosecution for failure to comply with requirements of authorised officers under s40 of the Food Act, 2003.

Matter was heard on 30 August 2018.  The Court ordered that Van Lam pay $900 for failure to comply with requirements of authorised officer – s40 Food Act 2003, pay $800 for resisting arrest and surrender himself to Police for finger printing.

9.      Costs to date are as follows:

 

Type

Amount

Class 1 Appeals – Consultants for Court Proceedings

$199,532.00

Class 1 Appeals – Planning DA External Lawyers

$165,659.00

Class 2 Appeals

$0

Class 3 Appeals

$0

Class 4 Appeals

$16,931.00

Class 5 Appeals

$7,050.00

Local Court Prosecutions/Enforcements

$32,023.00

Supreme Court Proceedings

$2,680.00

Industrial Relations Commission (IRC)

$0

Total

$423,875.00

 

Financial Implications

10.    Within budget allocation.

 

Risk Implications

11.    No risks identified.

 

Community Engagement

12.    No community engagement is required.

 

File Reference

17/1831

 

 

 

  


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 19

Item:                   FIN092-18          Quarterly Budget Review for Quarter Ending 30 September 2018 

Author:              Coordinator Financial Management

Directorate:      Business and Corporate Services

Matter Type:     Committee Reports

 

 

 

Recommendation;

(a)     That Council receive and note the report on the Quarterly Budget Review for Quarter Ending 30 September, 2018.

(b)     That Council approve the variances to the 2018/19 Budget, as contained in Attachment 1, as a result of the Quarter Ending 30 September 2018 Budget Review.

 

Executive Summary

1.       The purpose of this report is to highlight Council’s first quarter performance against the 2018-19 original budget and present any proposed budget variations in line with the revised projected year end result.

2.       For the first quarter for period ending 30 September 2018, budget variations include the receipt of the $9.5m Stronger Communities Fund (SCF) grant, Council resolutions from July 2018 and the adopted carryovers from 2017-18 financial year.

3.       In accordance with Clause 203(2) of the Local Government (General) Regulations 2005, the Quarterly Budget Review Statement for Georges River Council for the quarter ended 30 September 2018 indicates that Council’s projected financial position at 30 June 2019 will be satisfactory at year end, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

Background

4.       Clause 203 of the Local Government (General) Regulation 2005 requires that a quarterly budget review be considered by Council that shows current estimates for income and expenditure for the year, indicates whether Council’s financial position is satisfactory and makes recommendations for remedial action, if required.

5.       Quarterly Budget Review Statements, attached to this report, provide a comprehensive high level review of Council’s financial position for the quarter ending 30 September 2018, in accordance with requirements developed by the Office of Local Government (OLG).

6.       The attachment to this report contains tables outlining financial information required by the OLG. Tables include detail on the proposed budget variations, Council adopted variations from 1 July 2018 and the effect of the variations on the projected year end results.

7.       At the September Council meeting, a Notice of Motion was adopted unanimously by Council to donate a total of $50,000 to Aussie Helpers, Rural Aid Buy a Bale, Drought Angels and the Lions Club’s Need for Feed ($12,500 to each charity) to assist drought affected farming families in rural and regional areas of NSW. The General Manager was requested to source the required funding for the donation from appropriate cost centres; this has occurred as part of this quarter’s budget review and the cost has been absorbed within the original adopted 2018-19 budget.

 

 

 

Financial Comment

Income and Expenditure Statement

8.       Following this quarter’s budget review, Council’s financial position is revised to have a net increase of $6.43m in Council’s operating surplus. The revised operating surplus for the quarter ending 30 September 2018 is $10.31m.

9.       The variation is a result of a $3.15m increase in carryover expenditure and a $9.58m increase in income through capital grants and contributions, which resulted in a net result of $6.43m increase in operating surplus.

10.     While the projected year end Surplus appears to be healthy, it is boosted by the receipt of Capital Grants of $24.19m.

11.     The net result, excluding Capital Grants however, is an Operating Deficit of $13.89m.

12.     Due to the inclusion of additional expenditure of $3.15m, consequent to post budget decisions, the Budgeted Operating Deficit (net of Capital Grants) of $10.73m has been further adversely impacted.

13.     This is an unsustainable financial position in the long term and strategies will need to be put in place, to build strength in Council’s financial position.

14.     Quarterly Budget Review ending 31 December 2018 (Q2) will provide a strong projection of the year end results.

15.     Table 1 provides a statement of income and expenses and associated approved variances.

Capital Budget

16.     The capital works program at the quarter ending 30 September 2018 had year to date (YTD) expenditure of $8.26m and $17.27m funds committed.

17.     The Council adopted 2018/19 capital works program of $56.06m now includes a budget carryover from 2017/18 and 30 September 2017 quarter variations of $25.3m, totaling a revised capital budget of $81.36m.

18.     Approved variations for the quarter ending 30 September 2018 include increases in capital expenditure as part of the 2017/18 carryover process of $12.64m and Council resolutions within the first quarter of $12.66m including the new stronger communities funded projects.

19.     Table 2 of the appendix provides movements of the capital budget.

Financial Implications

20.    First quarter budget variations for the period ending 30 September 2018 are contained in table 1 and 2 of the attachment, for Council adoption.

 

Risk Implications

21.    Enterprise risk identified and management process applied.

 

22.    Council’s enterprise risk identified was ‘poor financial management adversely impacts Council’s long term financial sustainability’. The purpose of this report is to provide an update to Council on the financial performance each quarter. This is to enable financial information for sound decision making, to ensure financial sustainability of Council.

 

 

 

Community Engagement

26.    No community consultation is required as a result of this report. Members of the community are able to attend and address Council at the Council meeting in relation to this matter in accordance with Council’s Code of Meeting Practice.

 

File Reference

17/2686

 

 

 

ATTACHMENTS

Attachment 1

Quarterly Budget Review Report Attachment - 30 September 2018

 


Georges River Council -         Finance and Governance Committee - Monday, 12 November 2018

FIN092-18              Quarterly Budget Review for Quarter Ending 30 September 2018

[Appendix 1]          Quarterly Budget Review Report Attachment - 30 September 2018

 

 

Page 22

 


 


 


 


 


Georges River Council -         Finance and Governance Committee - Monday, 12 November 2018

FIN092-18              Quarterly Budget Review for Quarter Ending 30 September 2018

[Appendix 1]          Quarterly Budget Review Report Attachment - 30 September 2018

 

 

Page 27

 


 


Georges River Council -         Finance and Governance Committee - Monday, 12 November 2018

FIN092-18              Quarterly Budget Review for Quarter Ending 30 September 2018

[Appendix 1]          Quarterly Budget Review Report Attachment - 30 September 2018

 

 

Page 31

 


 


 


 


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 33

Item:                   FIN093-18          Investment Report as at 30 September 2018 

Author:              Financial  Accounting Officer and Financial Reporting Accountant

Directorate:      Business and Corporate Services

Matter Type:     Committee Reports

 

 

 

Recommendation;

That Council receive and note the contents of the Investment Report as at 30 September 2018.

 

 

Executive Summary

1.      This report details Council’s performance of its investment portfolio as at 30 September 2018 and compares it against key benchmarks.

2.      This report also includes the estimated market valuation of Council’s investment portfolio, loan liabilities and any required update on Council’s legal action against various parties.

3.      Council’s annualised rate of return is 2.81%, which is 0.94% above benchmark. Income from interest on investments totals $1.36m, which is in line with 2018/19 year-to-date adopted budget.

Background

4.      Council’s Responsible Accounting Officer is required to report monthly on Council’s Investment Portfolio and certify that the Investments are held in accordance with Council’s Investment Policy and Section 625 of the Local Government Act.

Investment Performance Commentary

5.      Council’s performance against the benchmark for returns of its investment portfolio for September 2018, are as follows:

 

1 Month

3 Month

12 Month

Portfolio Performance

0.21%

0.72%

2.81%

Performance Index

0.16%

0.52%

1.87%

Excess

0.05%

0.20%

0.94%

Notes:                                                      

a)      Portfolio performance is the rate of return of the portfolio over the specified period.

b)      The Performance Index is the rate of return of the market (comparable securities) over the specified period.                                    

c)      Excess performance is the rate of return of the portfolio in excess of the Performance Index.

 

 

6.      Council’s investment portfolio as at the end of September was as follows:

Security Type

Market Value $000's

% Total Value

Cash at Bank

10,086

5.06%

11am Cash

 1,060

0.53%

31 Day Notice Account

 22

0.01%

Flexi Deposit (Fix/Float)

 6,000

3.01%

Floating Rate Deposit

 5,000

2.51%

Floating Rate Note

 63,986

32.12%

Floating Rate TCD

 3,512

1.76%

Term Deposit

 103,542

51.99%

Managed Funds Trust

 5,989

3.01%

Total Cash and Investments

 199,197

100.00%

 

7.      At the end of August 2018, Total Cash and Investments were $199,370m and have decreased by $0.173m at end of September 2018 because of operational expenditure in the month of September.

 

8.      Council continues to utilise the Federal Government’s current guarantee ($250k) investing in Term Deposits with a range of Authorised Deposit Taking Institutions (ADI’s) on short to medium term investments (generally 30 days to 180 days maturity) where more competitive rates are available.

 

Legal Issues

9.      Nil.

 

Loan Liability

10.    Council’s loan liability as at 30 September was $2m which represents the balance of a $5m 10 year loan drawn down on 16 November 2012 for Jubilee Park upgrade in Mortdale. Next repayment of $125k is due on 27 December 2018.

 

The outstanding balance on this facility is at a variable interest of 194 basis points over three month BBSW. At the current three month BBSW rate, the interest rate payable is 3.87% pa.

 

11.    Council receives a 4% p.a. subsidy under the NSW Government’s Local Infrastructure Renewal Scheme funding agreement for this Jubilee Park upgrade facility. It is intended to continue this financially-advantageous arrangement through to full term in 2022.

 

Policy Limits

 

12.    The following graph below shows the limits, as a percentage of total cash investments, of the amount by periods, as allowed under Council’s policy, and comparing them to the amounts actually invested, as a percentage of the total cash investments. It shows that the funds invested are within the limits set in the Investment Policy.

 

 

Investment Income

13.    Income from interest on investments to the 30 September 2018 is estimated at $1.36m, which is in line with 2018/19 year-to-date adopted budget.

Certificate by Director Business and Corporate Services (Responsible Accounting Officer):                          David Tuxford

14.    Investments have been made in accordance with the Local Government Act, Minister’s Guidelines, Regulations and Council’s Investment Policy.

 

Analysis of Investments

 

Investment Duration

Investment Term

Market Value ‘000

% Total Value

Policy Limits

0 to < 1 Year

90,939

45.65%

100%

1 to < 3 Years

78,478

39.40%

70%

3 to < 5 Years

 29,780

14.95%

50%

Portfolio Total

199,197

100.00%

 

 

15.    Council’s portfolio is liquid, with 45.65% of assets maturing within 12 months. FRNs, funds and fixed bonds also provide additional liquidity in an emergency.

 

 

 

 

 

 

 

 

16.    The following graphs show analysis of the total cash investment by:

 

Type of Investments

17.    Council’s investment portfolio is mainly directed to fixed term deposits, which account for approximately 55% of total investments. Yields have steadily contracted, while tracking bond market volatility in the short term.

 

18.    Bank Floating Rate Notes (FRN) offer liquidity and a higher rate of income accrual, which is highly recommended by our Investment Advisors (CPG Research & Advisory) going forward.

 

19.    The following are the types of investments held by Council:

a)      Cash and Call Accounts refer to funds held at a financial institution and can be recalled by Council either same day or on an overnight basis.

b)      A FRN is a debt security issued by a company with a variable interest rate. This can either be issued as Certificates of Deposit (CD) or as Medium Term Notes (MTN). The interest rate can be either fixed or floating, where the adjustments to the interest rate are usually made quarterly and are tied to a certain money market index such as the Bank Bill Swap Rate.

c)      A Fixed Term Deposit is a debt security issued by a company with a fixed interest rate over the term of the deposit.

d)      A managed fund is a professionally managed investment portfolio that individual investors can buy into, purchasing 'units' rather than shares. Each managed fund has a specific investment objective. This is usually based around the different asset classes (cash, fixed interest, property and shares). The money you invest is used to buy assets in line with this investment objective. When you invest in a managed fund, you are allocated a number of 'units'. The value of your units is calculated on a daily basis and changes as the market value of the assets in the fund rises and falls.

*These managed funds have been grandfathered since the NSW State Government changed the list of Approved Investments as a result of the Cole enquiry (which was reflected in the Ministerial Order dated 31/7/2008).

 

 

Credit Rating

20.    Credit ratings are generally a statement as to an institution’s credit quality. Ratings ranging from A1+ to NR (Short Term) & AAA to NR (long term) are considered investment grade.

21.    A general guide as to the meaning of each credit rating that Council deals with is as follows:

Short-term

A1+:           the best quality companies, reliable and stable. An obligor has extremely strong capacity to meet its financial commitments.

A1:             Adequate capacity to meet financial commitments, many positive investments attributes but also elements susceptible to adverse effects of changes in economic conditions.

A2:             Adequate capacity to meet financial commitments, but also speculative or lack of protection against changes of economic conditions.

B1:             Moderate characteristic capacity to meet financial commitments, also in good economic conditions.

Unrated:   This category includes unrated Authorised Deposit-Taking Institutions (ADI’s) such as some Credit Unions and Building Societies to the extent not Commonwealth-guaranteed. No rating has been requested, or there is insufficient information on which to base a rating.         

Long-term

AAA:          the best quality companies, reliable and stable. An obligor has extremely strong capacity to meet its financial commitments.

AA:            quality companies, a bit higher risk than AAA. An obligor has very strong capacity to meet its financial commitments. It differs from the highest-rated obligors only to a small degree.

A:               economic situation can affect finance. An obligor has strong capacity to meet its financial commitments but is somewhat more susceptible to the adverse effects of changes in circumstances and economic conditions than obligors in higher-rated categories.

BBB:          medium class companies, which are satisfactory at the moment. An obligor has adequate capacity to meet its financial commitments. However, adverse economic conditions or changing circumstances are more likely to lead to a weakened capacity of the obligor to meet its financial commitments.

Unrated:  This category includes unrated Authorised Deposit-Taking Institutions (ADI’s) such as some Credit Unions and Building Societies to the extent not Commonwealth-guaranteed. No rating has been requested, or there is insufficient information on which to base a rating.

22.    The credit quality of Council’s portfolio is relatively high with approximately 71% of assets rated ‘A’ or higher. The ‘AAA’ assets represent the deposit investments covered by the Federal Government’s Financial Claims Scheme (FCS).

 

23.    The remaining 29% rated ‘BBB’ or ‘unrated’ reflects the deposit and FRN investments with the regional and unrated ADIs.

Council’s Investment Powers

24.    Council’s investment powers are regulated by Section 625 of the Local Government Act, which states:

·        A council may invest money that is not, for the time being, required by the council for any other purpose.

·        Money may be invested only in a form of investment notified by order of the Minister published in the Gazette.

·        An order of the Minister notifying a form of investment for the purposes of this section must not be made without the approval of the Treasurer.

·        The acquisition, in accordance with section 358, of a controlling interest in a corporation or an entity within the meaning of that section is not an investment for the purposes of this section.

 

25.    Council’s investment policy and strategy requires that all investments are to be made in accordance with:

·        Local Government Act 1993 - Section 625

·        Local Government Act 1993 - Order (of the Minister) dated 12 January 2011

·        The Trustee Amendment (Discretionary Investments) Act 1997 – Sections 14A (2), 14C (1) & (2)

·        Local Government (Financial Management) Regulation 1993

·        Investment Guidelines issued by the Department of Local Government

 

Financial Implications

 

26.    Within budget allocation.

 

Risk Implications

27.    Enterprise risk/s identified and management process applied.

 

28.    Council’s enterprise risk identified was ‘poor financial management adversely impacts Council’s long term financial sustainability’. The risk has been managed by Council’s management of investments in accordance with the relevant act and regulations, along with Council adopted Investment Policy. To further minimise the risk, Council will progressively move towards placement of investments only in investments rated A and above.

 

Community Engagement

 

29.    No community consultation is required as a result of this report. Members of the community are able to attend and address Council at the Council meeting in relation to this matter in accordance with Council’s Code of Meeting Practice.

 

File Reference

D18/241201

 

 

 

 

ATTACHMENTS

Attachment 1

Investment Portfolio as at 30 Septmeber 2018

 


Georges River Council -         Finance and Governance Committee - Monday, 12 November 2018

FIN093-18              Investment Report as at 30 September 2018

[Appendix 1]          Investment Portfolio as at 30 Septmeber 2018

 

 

Page 40

 


 


 


 


 


 


 


 


 


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 49

Item:                   FIN094-18          Code of Conduct Statistics 2018 

Author:              Coordinator Corporate Governance

Directorate:      Business and Corporate Services

Matter Type:     Committee Reports

 

 

 

Recommendation;

That Council receive and note the report on the Code of Conduct Complaints Statistics for the period ending 30 September 2018.

 

Executive Summary

1.      Clause 12.1 of the Procedures for the Administration of the Code of Conduct requires Council’s Code of Conduct Complaints Coordinator to report details of any complaints received about Councillors and the General Manager under the Code of Conduct, within three months of the end of September of each year.

2.      This report provides statistics on the complaints received during that period, 1 September 2017 - 31 August 2018.

 

Background

3.      Council is required to adopt a Code of Conduct in accordance with s440 of the Local Government Act 1993. Additionally, clause 193 of the Local Government (General) Regulation 2005 requires Council to adopt the model Procedures for the Administration of the Code of Conduct.

 

4.      The statistics provided in this report are required to be reported in accordance with the adopted Procedures for the Administration of the Code of Conduct.

 

Total number of code of conduct complaints made about Councillors and the General Manager under the code of conduct in the year to September 2018

 

2

The number of code of conduct complaints referred to a conduct reviewer

 

2

The number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints

 

0

The number of code of conduct complaints investigated by a conduct reviewer

 

2

The number of code of conduct complaints investigated by a conduct review committee

 

0

The outcome of code of conduct complaints investigated by a conduct reviewer or conduct review committee under these procedures (without identifying particular matters)

 

1 – Mediated

1 – Dismissed

 

The number of matters reviewed by the Division and, without identifying particular matters, the outcome of the reviews

 

0

The total cost of dealing with code of conduct complaints made about Councillors and the General Manager in the year to September, including staff costs.

 

$13,760

 

5.      Council’s consideration of this report ensures that the requirements of Council’s Procedures for the Administration of the Code of Conduct are met. The Complaints Coordinator for the subject Code of Conduct Complaints was the Director Legal Services.

 

6.      Council is to provide the Division with a report containing the statistics referred to in clause 12.1 within 3 months of the end of September of each year.

 

 

Financial Implications

7.      The total cost of dealing with Code of Conduct complaints of $13,760 has been allowed in Councils 2018/19 budget.

 

Risk Implications

8.      The consideration of this report ensures that Council meets the requirements of the Administration of the Code of Conduct and compliance reporting obligations to the Division.  

9.      No operational risks have been identified.

 

Community Engagement

10.    No community consultation is required as a result of this report. Members of the community are able to attend and address Council at the Council meeting in relation to this matter in accordance with Council’s Code of Meeting Practice.

 

 

  


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 51

Item:                   FIN095-18          Audit, Risk and Improvement Committee Minutes from 6 August 2018 

Author:              Internal Auditor

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation:

That the Minutes of the Audit, Risk and Improvement Committee Meeting held on the 6 August 2018 provided as Attachment 1, be noted.

 

 

Executive Summary

1.      Council’s Audit, Risk and Improvement Committee Charter provides in Clause 5.1 for the reporting of Audit, Risk and Improvement Committee (ARIC) Minutes to the Council.         

 

2.      The Minutes of the ARIC meeting held 6 August 2018 were confirmed by the ARIC at their meeting of 29 October 2018 and are now presented for Council’s information.

Background

3.       Council’s Audit, Risk and Improvement Committee Charter adopted by Council’s Finance and Governance Committee on 13 November 2017, provides in Clause 5.1 for the periodic reporting of Audit, Risk and Improvement Committee Minutes to the Council, as follows:

“The Committee shall report back to Council within a six (6) months period following each meeting. Summary reports may be presented to the Council. The report shall provide Council with the following as appropriate and applicable:

 

- Minutes of each meeting

- All significant issues which can be reported without prejudice to the audit function.

 

This provision is to permit the implementation of Committee recommendations in a reasonable window of confidentiality, to optimise the effectiveness of Committee actions.”

 

4.      The Audit, Risk and Improvement Committee meet four times per year to review, note and recommend on items identified in their Charter.

 

5.      These Minutes relate to the ARIC meeting held on 6 August 2018 and were confirmed at the ARIC meeting held on 29 October 2018.

Financial Implications

6.      There are no budget impacts for this report.

 File Reference

D18/238020

 

 

 

ATTACHMENTS

Attachment 1

ARIC Minutes-6 August 2018 pdf

 


Georges River Council -         Finance and Governance Committee - Monday, 12 November 2018

FIN095-18              Audit, Risk and Improvement Committee Minutes from 6 August 2018

[Appendix 1]          ARIC Minutes-6 August 2018 pdf

 

 

Page 53

 


 


 


 


 


 


 


 


 


 


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 63

Item:                   FIN096-18          Audit, Risk and Improvement Committee Minutes from the Special Financial Statements Meeting 24 October 2018 

Author:              Internal Auditor

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation;

That the Minutes of the Audit, Risk and Improvement Committee Special Financial Statements Meeting held on the 24 October 2018 provided as Attachment 1, be noted.

 

 

Executive Summary

1.      Council’s Audit, Risk and Improvement Committee Charter provides in Clause 5.1 for the reporting of Audit, Risk and Improvement Committee (ARIC) Minutes to the Council.         

 

2.      The Minutes of the ARIC Special Financial Statements meeting held 24 October 2018 were confirmed by the ARIC at their meeting of 29 October 2018 and are now presented for Council’s information.

 

Background

3.       Council’s Audit, Risk and Improvement Committee Charter adopted by Council’s Finance and Governance Committee on 13 November 2017, provides in Clause 5.1 for the periodic reporting of Audit, Risk and Improvement Committee Minutes to the Council, as follows:

“The Committee shall report back to Council within a six (6) months period following each meeting. Summary reports may be presented to the Council. The report shall provide Council with the following as appropriate and applicable:

 

- Minutes of each meeting

- All significant issues which can be reported without prejudice to the audit function.

 

This provision is to permit the implementation of Committee recommendations in a reasonable window of confidentiality, to optimise the effectiveness of Committee actions.”

 

4.      The Audit, Risk and Improvement Committee meet four times per year to review, note and recommend on items identified in their Charter.

 

5.      In addition to the four ARIC meetings per year, a special meeting is held to review, discuss and endorse the audited financial statements for Council to sign.

 

6.      These Minutes relate to the ARIC Special Financial Statement meeting held on the 24 October 2018 and were confirmed at the ARIC meeting held on 29 October 2018.

 

Financial Implications

7.      There are no budget impacts for this report.

 

 File Reference

D18/238020

 

 

 

ATTACHMENTS

Attachment 1

ARIC Minutes 24 October 2018

 


Georges River Council -         Finance and Governance Committee - Monday, 12 November 2018

FIN096-18              Audit, Risk and Improvement Committee Minutes from the Special Financial Statements Meeting 24 October 2018

[Appendix 1]          ARIC Minutes 24 October 2018

 

 

Page 65

 


 


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 67

Item:                   FIN105-18          Property Matter - Provision/Construction of Private Vehicular Access to Residential Properties Across Taylors Reserve, Lugarno 

Author:              Head of Strategic Property and Strategic Property Specialist

Directorate:      Community and Culture

Matter Type:     Committee Reports

 

 

 

Recommendation;

That legal vehicular access to ten residential properties located on the western side of Taylors Reserve be granted via the creation of a right of carriageway (easement) subject to:

(a)     The prior reclassification of part of Taylors Reserve from community to operational land pursuant to the current Planning Proposal; and

(b)     The completion of road works to ensure that the private access road to the properties meets Austroads Local Road - Class 9 Classification standards; and

(c)     The grant of Right of Way to each property owner by easement; and 

(d)     The full cost of the private road construction and the grant of easement being borne by   the property owners who will benefit from the easement.

(e)     That funding option 1(c) be made available to all of the property owners who will benefit from the easement.

 

 

Executive Summary

1.      Council is the owner of public open space known as Taylors Reserve described as Lots 1 and 2 in  Deposited Plan 1200178 located at 18A and 18B Lime Kiln Road, Lugarno (the Reserve). 

2.      Situated within the Reserve is an informal accessway that provides vehicular access to the rear of residential properties that adjoin the western boundary of the Reserve.  All of the residential properties currently have legal access from Forest Road, Lugarno.  The informal accessway has never been constructed to Australian public road standards and is considered to be in a poor state of repair.

 

3.      The adjoining residential properties, despite having legal access from Forest Road, do not enjoy practical vehicular access (from Forest Road), due to steep topography.  In order to resolve the unlawful access through the Reserve, affected residents were provided the opportunity to make a financial contribution towards upgrading the accessway (to Australian public road standards) and subsequently obtaining an appropriate easement for access or Right of Way (easement).  The offer was made pursuant to resolution (f) of Council Report CCL151-17 dated 7 August, 2017 as shown below:

 

That prior to lodging the Planning Proposal with the Department of Planning & Environment requesting notification in (e) above, that Council approach all the land owners that utilise the informal access (highlighted in Figure 4 of the report) seeking their agreement to contribute to the costs of any road construction required to formalise the access.

 

4.      The adjoining properties are listed below:

·        2a Woodlands Avenue, Lugarno        (1/DP506903)

·        2a Woodlands Avenue, Lugarno        (2/DP506903)

·        1061 Forest Road, Lugarno                 (100/DP631384)

·        1061b Forest Road, Lugarno               (101/DP631384)

·        1059 Forest Road, Lugarno                 (3/DP568695)

·        1057 Forest Road, Lugarno                 (2/DP568695)

·        1055 Forest Road, Lugarno                 (2/DP859623)

·        1053 Forest Road, Lugarno                 (A/DP354257)

·        1043 Forest Road, Lugarno                 (C/DP16077)

·        16 Lime Kiln Road, Lugarno                (3/DP549708)

 

5.      The owners of the ten adjoining properties (Property Owners) have since confirmed that, while they wish to receive legal rights of access to their properties through the Reserve, they do not wish to financially contribute any costs towards the construction or maintenance of the private road. 

 

6.      Nor do they wish to pay for the creation of legal rights (easements) that will secure lawful access to their private property and which will subsequently encumber public lands in perpetuity. 

 

7.      This report outlines current planning and real property issues associated with Taylors Reserve and the options available to fund the road construction works and the creation of the easements for access.

Background

8.      Council is the owner of public open space known as Taylors Reserve located at 18A and 18B Lime Kiln Road, Lugarno, legally described as Lots 1 and 2 in Deposited Plan (DP) 1200178.  The Reserve, which comprises approximately 8,792m2, is currently zoned RE1 Public Recreation and classified as Community Land in accordance with the community provisions of the Local Government Act, 1993.  A location plan is annexed to this report (Attachment 1).

9.      Situated within Lot 2 of Taylors Reserve is an informal accessway that has, over time, been constructed in an ad-hoc manner.  The accessway, which is in a poor state of repair, is currently used by the Property Owners as the only means of practical vehicular access to their properties.  A plan showing the location of the accessway together with adjoining benefited land is annexed to this plan (Attachment 2).

10.    The residential parcels of land adjoining the Reserve and fronting Forest Road, Lugarno were subdivided in/after 1973.  It is unclear why the subdivision was permitted considering there was no practical vehicle access to Forest Road and no formal access requirements were ever established by Council through the Reserve.

 

11.    In addition to the subdivision, the former Hurstville City Council approved a number of buildings (garages) on the adjoining residential properties without any requirement to secure a formal easement for vehicles to service the subject buildings.  It should be noted however, that such building approvals do not confer any rights of vehicle access over the subject public reserve and none of the subdivision approvals confer such rights either.

 

12.    Private roads are permitted without development consent in the RE1 zone. However, the relevant part of the Reserve must be reclassified from community land to operational land before easements for vehicle access can be granted. A Planning Proposal for the reclassification of the Reserve is currently under assessment.

 

13.    Each Property Owner would be the beneficiary of the easement granting vehicle access.

 

14.    Council is advised that granting of an easement to secure lawful vehicle access through the Reserve to adjoining private properties will result in an increase in the value of these properties by a minimum 10%.  The full valuation advice in relation to each individual property can be viewed in (confidential) Attachment 3 annexed to this report.

 

15.    In light of the valuation advice received, the cost to formalise lawful access is far outweighed by the increase in property values to each of the benefiting properties. Therefore, it is recommended that the individual Property Owners fund the road construction works and the legal grant of easement as a fair and reasonable approach.

History

16.    Prior to 1955 the land comprising Taylors Reserve formed part of an 8.5 acre poultry farm owned by the Taylor family. Subsequently the land was subdivided and dedicated to Council who named the reserve Taylors Reserve in 1960.

 

17.    Following the initial subdivision, a gravel accessway (track) began to form (near 2A Woodland Avenue), through the Reserve which Council vehicles used for maintenance.  The track was then subsequently used by adjoining residents to access the rear of a number of residential properties, dwellings and outbuildings.  The accessway track was the sole physical means of vehicle access to some of these properties.

 

18.    Over the years the accessway track has been gradually sealed by Council (in an ad-hoc manner) with the placement of left-over loads of asphalt from other Council projects. The accessway track is not constructed nor maintained to Australian public road standards. The accessway has since provided vehicle access for Council’s garbage trucks, emergency services, adjoining residences on the western side of the Reserve and general users of Taylors Reserve who park their vehicles on the accessway track for convenience.

 

19.    In 1999 Council named the accessway through the Reserve as Taylor Avenue for identification purposes for emergency services vehicles, however no legal road was created.

 

20.    On 22 March 2000 Hurstville Council resolved that a survey plan be prepared outlining the proposed boundaries of the area to be dedicated as public road, and that the plan be advertised to the public to indicate Council’s intentions to consider the dedication of this area as public road.

 

21.    Following that advertising period a further report was prepared for Council and on 16 August 2000 Council resolved to create a Right of Carriageway 6 metres wide through Taylors Reserve to benefit the subject properties that require access from the track.  Ongoing maintenance of the track surface was to be at full cost to the adjoining residential properties that benefitted from the right of carriageway.  The dedication of a public road was not pursued.

 

22.    The decision not to create and dedicate a public road was made on the basis that:

 

a.   At the time the residential subdivisions were approved, no developer contributions were obtained to cover the cost of physically constructing or upgrading the access track to normal subdivisional standards;

b.   Council did not wish to incur the costs of constructing a public road at the required residential subdivision standard of 15m wide reservation with a minimum 8m wide carriageway width (ie: a full reconstruction of the track would be required);

c.   At least one resident expressed concern regarding the formal alienation of the public reserve that would occur as a result of the construction of a formal public road;

d.   It was clear that the existing Plan of Management made no provision for such a significant change to any parcel of community land;

e.   There may have been an expectation from adjoining residents that Council would meet the costs of construction of the public road when the benefit was essentially limited to the adjoining properties only.

 

23.    A draft plan to create the right of way was prepared but it appears that no action was taken due to register the plan, presumably because agreement could not be reached with the adjoining residents to fund the maintenance costs of the accessway track.

 

24.    In September 2013 the former Hurstville Council resolved to create a right of carriageway for access across Taylors Reserve to provide formal legal access to properties that require vehicle access from the accessway known as Taylor Avenue.  At the time of the report, the Council also considered the need to upgrade the accessway and to carry out initial pavement works estimated to be $30,000.  Ongoing maintenance funding from Council’s Road Maintenance budget was also foreshadowed.

Current Situation

25.    The Property Owners have requested that Council grant formal and legal vehicle access through the Reserve via a Right of Way.

 

26.    The Property Owners have confirmed in writing that they do not wish to financially contribute any costs towards the construction or future maintenance of the required private road and nor do they wish to pay for the creation of the easements for access.

Status of the Planning Proposal

27.    At its meeting on 7 August 2017, Council resolved to proceed with the reclassification of 18B Lime Kiln Road, Lugarno (Lot 2 DP 1200178) from Community Land to Operational Land.

 

28.    The Operational Land classification enables Council to formalise the unlawful informal vehicular access to the adjoining residential properties that currently enjoy informal vehicle access through Taylors Reserve.

 

29.    On 11 August 2017, Council referred the Planning Proposal to the Department of Planning and Environment (DPE) for a Gateway Determination.

 

30.    On 14 September 2017, a Gateway Determination was issued by the DPE providing consent for the Planning Proposal to proceed to community consultation and a public hearing.

 

31.    The Planning Proposal was placed on public exhibition from 15 November to 13 December 2017. Two submissions were received but these require no amendments to the Planning Proposal.

 

32.    At the conclusion of the public exhibition period, Council held a public hearing on 28 March 2018 independently chaired by Michael McMahon from M.E. McMahon & Associates. The public hearing report supports the reclassification of the Reserve.

 

33.    As the proposal involves Council rezoning of its own land, an independent planning consultant has been engaged to assess the Planning Proposal from a planning perspective, including consideration of the strategic and site-specific merit and access provisions of properties adjoining the subject site.

 

Next Steps for the Planning Proposal

34.    Following the consultant’s assessment, a Council report presenting the findings of the assessment and recommending whether the Planning Proposal will proceed to the Georges River Local Planning Panel.

 

35.    If Council resolves to adopt the Planning Proposal, the Planning Proposal will be forwarded to the DPE for gazettal.

 

36.    Should Council resolve to not proceed with the Planning Proposal, Council will write to the DPE to withdraw the Planning Proposal.

 

Funding Options

37.    Council’s options to secure funding for the necessary private road construction works and granting each property owner legal access to the new road, are as follows:

 

 

Funding Option

Benefits

Constraints

1

The Property Owners to fund the private road construction and the easements for access to their properties.

·    Addresses existing inconsistencies (unlawful accessway) with the Plan of Management and Community Land classification.

·    Easement is created to formalise legal access through the reserve.

·    Alleviates Council’s public liability issues.

·    Private owners will gain a significant uplift in their property values.

·    No cost to ratepayers for private road construction.

·    No undesirable precedent established.

 

·    Refusal of Property Owners to contribute towards private road construction and easement costs.

·    Creation of an undesirable precedent in providing private access through public lands.

·    Loss of open space lands (inconsistent with Ministerial Direction).

·    Inconsistent with the objectives of the RE1 Public Recreation zone.

 

2

Council to fund the construction of the private road and the easements for access to each property. (Approximately $325,000 plus ongoing maintenance costs)

·    Addresses existing inconsistencies (unlawful accessway) with the Plan of Management and Community Land classification.

·    Easement is created to formalise legal access through the reserve.

·    Alleviates Council’s public liability issues

 

·    Creation of an undesirable precedent by using ratepayers’ funds (public monies) to fund the construction of a private road which will only benefit 10 properties.

·    No funding is currently allocated for private road construction.

·    Provision of a public subsidy for 10 private properties with no broader public benefit.

·    Private owners will gain a significant uplift in their property values at the expense of the public.

·    Creation of undesirable precedent in providing private road access through public lands.

·    Loss of open space lands (inconsistent with Ministerial Direction).

·    Inconsistent with the objectives of the RE1 Public Recreation zone.

 

3

Council and Property Owners to jointly fund the private road construction works and the easements for access to each property

·    Addresses existing inconsistencies (unlawful accessway) with the Plan of Management and Community Land classification.

·    Easement is created to formalise legal access through the reserve.

·    Alleviates Council public liability issues.

·    Creation of an undesirable precedent by using ratepayers’ funds (public monies) to fund the construction of a private road which will only benefit 10 properties.

·    No funding is currently allocated for private road construction.

·    Provision of a public subsidy for 10 private properties with no broader public benefit.

·    Private owners will gain a significant uplift in their property values at the expense of the public.

·    Creation of undesirable precedent in providing private road access through public lands.

·    Loss of open space lands (inconsistent with Ministerial Direction).

·    Inconsistent with the objectives of the RE1 Public Recreation zone.

 

 

Creation of a Public Road

38.    Should Council wish to consider the option of construction and dedication of a public road in lieu of a right of way across the Reserve, a new resolution of Council would be required to withdraw the current planning proposal, reclassify the land to operational for the purposes of constructing a public road, commence preparation of a new planning proposal and conduct a new public hearing.

39.    The estimated costs of creating and dedicating a public road include the reclassification/public hearing costs of approximately $70,000, preparation of a new survey plan and plan of subdivision to create the road of approximately $5000, and construction of the single lane road which is costed at $305,000. A two-way road would incur additional construction costs above $305,000.  In addition to the upfront costs, Council would also be liable for the ongoing maintenance costs for the road.

 

Financial Implications

40.    Each of the residential property owners will gain a significant private financial benefit from creation of the formal legal rights of vehicle access across public lands.

41.    There are no funds allocated for the construction of private roads in Council’s 2018/19 budget.

42.    The total cost of works will be in the order of $305,000 to bring the track up to minimum Austroads Local Road - Class 9 Classification standards.  This figure does not include any associated legal costs that will create the proposed easements for access benefiting the Property Owners and burdening Council’s land. The estimated legal costs (which are in addition to the construction costs) are $2000 per lot, or approximately $20,000 in total.

43.    The figure is also exclusive of annual road maintenance costs.

44.    The Property Owners have advised that they are unable or unwilling to financially contribute towards the cost of any private road construction and creation of the easement.

45.    Several options for funding the road construction works and the creation of the easement (the Access Contributions) are shown below.

Funding Option 1: Property Owners to Pay

46.    The Property Owners, the significant financial beneficiaries of the proposed easements, could fund the Access Contributions by any of the following means:

a.      Property Owners voluntarily paying the Access Contributions to Council in one lump sum payment.

b.      Property Owners voluntarily paying the Access Contributions to Council via interest free instalments over an agreed period of 5 years.

 

c.       Property Owners voluntarily grant Council a charge over their land to the value of the Access Contributions.  That is, a form of security over land similar to a mortgage except that it does not convey or assign any legal title in the property. Once given, the charge would give Council a caveatable interest under the Real Property Act 1900 (NSW). A caveat could then be registered on the title of the relevant Property. This would prevent the property from being sold without Council’s consent. Council would only withdraw the caveat upon full payment of the Access Contribution. Specialist property law advice should be obtained before pursuing this option with any property owner. Council would then proceed to construct the private road at it’s cost and recoup the public funds over time when each affected property was sold or transferred.

 

d.      Pursuant to the legal advice from Lindsay Taylor Lawyers dated 14 August 2018, in the absence of agreement from the property owners, Council could levy a special rate for the contribution to the construction works under s495 of the Local Government Act 1993 (LG Act). 

 

e.      Under s565 of the LG Act, the Council could agree to accept a lump sum capital contribution instead of a special rate. Further legal advice should be sought about the process for levying a special rate if this option is to be pursued. Further legal advice should also advise whether an unpaid special levy can amount to a caveatable interest.

 

Funding Option 2: Ratepayers Fund the Construction of a Private Road

47.    Council could pay the Access Contributions and fund the cost of the creation of the easement on behalf of the Property Owners.

48.    Such funding would need to be sourced and identified as part of the 2019/2020 budget process.

49.    Financial assistance may be granted under section 356 of the Local Government Act 1993 subject to prior advertising of its intention to do so as shown in 356(2) below:

 356 Can a council financially assist others?

(1) A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

(2) A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this section until at least 28 days' public notice of the council's proposal to pass the necessary resolution has been given.

(3) However, public notice is not required if:

(a) the financial assistance is part of a specific program, and

(b) the program's details have been included in the council's draft operational plan for the year in which the financial assistance is proposed to be given, and

(c) the program's proposed budget for that year does not exceed 5 per cent of the council's proposed income from the ordinary rates levied for that year, and

(d) the program applies uniformly to all persons within the council's area or to a significant group of persons within the area.

(4) Public notice is also not required if the financial assistance is part of a program of graffiti removal work.”

 

Funding Option 3: Council and the Property Owners pay

50.    Council and the Property Owners could equally share the costs of the Access Contributions. The Property Owners could pay their 50% share in accordance with any of the methods identified under Funding Option 1.

51.    Council’s funding would need to be sourced and identified as part of the 2019/2020 budget process.

52.    As stated above, financial assistance may be granted under section 356 of the Local Government Act 1993 subject to prior advertising of its intention to do so.

 

Risk Implications

Legal Risks

53.    Legal advice has been obtained from Lindsay Taylor Lawyers recommending that the Reserve be reclassified from community to operational otherwise Council could be found in breach of the Local Government Act 1993 by allowing the continuation of the current unlawful use of the Reserve as a private accessway for the Property Owners. The confidential legal advice by Lindsay Taylor Lawyers is annexed to this report as Attachment 4.

54.    Further legal advice obtained from Lindsay Taylor Lawyers indicated that Council would be liable for damages if any death or injury occurred due to the state of the accessway or conflicts between vehicles and pedestrians. Whilst there could also be a claim for liability for approving garages and structures to the rear of the Forest Road Properties without there being legal access available to those structures, the damages arising from such action is not considered to be significant.  The confidential legal advice by Lindsay Taylor Lawyers is annexed to this report as Attachment 5.

 

Insurance Risks

55.    Councillors will recall a recent legal and insurance advice provided in relation to a crossing located at Tooronga Terrace, Beverly Hills in contravention of RMS technical standards.  In this matter, Council was advised to remove the pedestrian crossing as a failure to do so may, in the event of an accident at the crossing, lead to Councillors individually being personally liable to pay damages and legal costs in the event of a claim by an individual alleging loss or damage as a result of the defective crossing.

 

56.    If the insurer declined to cover Council against a claim by an individual alleging loss or damage as a result of the defective and unlawful accessway, and Council was found to have contributed to that loss or damage, Councillors could personally be liable to pay damages and legal costs if the claim was successful.

 

57.    As per the Tooronga Terrace advice, a majority decision by Councillors to leave the accessway in situ, providing continued unlawful access would still expose all Councillors to a potential damages claim regardless of how a Councillor voted in this matter.

58.    Council’s intention to have the land reclassified as operational land in order to formalise unlawful vehicle access and construction of a private road to the appropriate Austroad Standards, would mitigate public liability risks associated with the current use and condition of the accessway.

59.    Council’s insurer advises that it would protect Council’s interests against any claims for personal injury or loss of, or damage to, property in accordance with the terms, conditions, limits and exclusions, if Council takes all reasonable care to mitigate the existing risk.

 

Community Engagement

60.    Community engagement was conducted via the Planning Proposal being placed on public exhibition from 15 November to 13 December 2017.

 

61.    Further community engagement was conducted by Council holding a public hearing on 28 March 2018 relating to the reclassification.

 

62.    Should Council wish to provide financial assistance to the property owners (pursuant to s356 of the LG Act) and bear the full or partial cost of the private road construction, public advertising of the proposed assistance would need to occur for a period of 28 days.

 

File Reference

16/1676

 

 

 

ATTACHMENTS

Attachment 1

Location Plan

Attachment 2

Plans showing the location of the accessway track and the adjoining beneficial land owners

Attachment 3

Taylors Reserve Lugarno Valuation Report (Confidential)

Attachment 4

Privileged Legal Advice provided by Lindsay Taylor Lawyers -Taylors Reserve Lugarno (Confidential)

Attachment 5

Further Privileged Legal Advice provided by Lindsay Taylor Lawyers -Taylors Reserve Lugarno (Confidential)

 


Georges River Council -         Finance and Governance Committee - Monday, 12 November 2018

FIN105-18              Property Matter - Provision/Construction of Private Vehicular Access to Residential Properties Across Taylors Reserve, Lugarno

[Appendix 1]          Location Plan

 

 

Page 76

 


Georges River Council -         Finance and Governance Committee - Monday, 12 November 2018

FIN105-18              Property Matter - Provision/Construction of Private Vehicular Access to Residential Properties Across Taylors Reserve, Lugarno

[Appendix 2]          Plans showing the location of the accessway track and the adjoining beneficial land owners

 

 

Page 77

 


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 79

Item:                   FIN098-18          Property Matter - Proposed Short Term Licence Agreement for Car Parking to New South Wales Police - 2 Belgrave Street, Kogarah 

Author:              Head of Strategic Property

Directorate:      Community and Culture

Matter Type:     Committee Reports

 

 

 

Recommendation;

That the General Manager be authorised to enter into a licence agreement with NSW Police for ten basement level car parking spaces at 2 Belgrave Street, Kogarah for a period of six months as detailed within this report.

 

 

Executive Summary

1.      Georges River Council is the registered proprietor of the former Kogarah City Council Civic Centre located at 2 Belgrave Street, Kogarah.  The property is partially vacant, pending base building renovation works that are required following Council’s decision to offer the main building to the market for medium term lease.

2.      While these works are being undertaken, Council has received a request from the St George Police Area Command (St George PAC) for a short term licence agreement for ten car parking spaces within the basement of 2 Belgrave Street, Kogarah.

 

3.      It is proposed that the licence agreement will be for a six month period, commencing in December 2018 and for a nominal fee of $1.00 for this term.

Background

4.      The St George PAC is located in the centre of the Kogarah CBD at 13 Montgomery Street, Kogarah with the rear of the property facing Wicks Lane adjacent to the former Kogarah City Council’s civic centre.  A location plan is provided (Attachment 1).

 

5.      The civic centre is partially vacant (Levels 1 and 2) pending base building renovations that are required prior to offering the commercial office space to the market.

 

6.      While the remedial works are being undertaken, Council has received a request from the St George PAC for a short term licence agreement for ten 10 car parking spaces within the basement of 2 Belgrave Street, Kogarah.

 

7.      The Kogarah CBD is extremely limited in terms of affordable all day parking options.  The purpose of the proposed short term licence agreement is to provide serving police officers with safe and secure off-street parking spaces in close proximity to the police station, especially at the start and end of shift, in the late night/early morning hours.

Financial Implications

8.      Generally, parking spaces in the Georges River Council Local Government area are worth in the order of $200 per month plus GST.  However, due to impending remedial works required within the building, Council is not in a position to offer the commercial office space and associated car parking to the market until those works are complete.  As such, the licensing of the ten car parking spaces to the St George PAC is not considered to have a substantial impact on revenue at this property.

9.      NSW Police can be viewed as a not for profit organisation which the new Council has steadily been developing a solid relationship with.  In a sign of goodwill to the St George PAC, this report recommends Council waive any commercial rental that could be applied in normal circumstances and furthermore, that Council apply a nominal rental amount of $1.00 for the six month term.

 

Risk Implications

10.    Risk implications are considered minimal however, Council will seek appropriate general and public liability indemnities as part of the proposed licence agreement.

 

Community Engagement

11.    Community engagement is not required.

 

File Reference

18/2345

 

 

 

ATTACHMENTS

Attachment 1

Location Plan

 


Georges River Council -         Finance and Governance Committee - Monday, 12 November 2018

FIN098-18              Property Matter - Proposed Short Term Licence Agreement for Car Parking to New South Wales Police - 2 Belgrave Street, Kogarah

[Appendix 1]          Location Plan

 

 

Page 80

 


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 82

Item:                   FIN099-18          Property Matter - Proposed Lease of Road Reserve - Beverley Park Golf Course  

Author:              Strategic Property Specialist

Directorate:      Community and Culture

Matter Type:     Committee Reports

 

 

 

Recommendation;

(a)     That a lease be granted to Beverley Park Golf Club for parts of the golf course currently encroaching upon surrounding road reserves, in order to formalise occupation.

(b)     That the General Manager be authorised to sign the lease agreement for the subject road reserves as generally detailed in this report.

 

 

Executive Summary

1.      Georges River Council currently leases the Beverley Park Golf Course to the Beverley Park Golf Club.

 

2.      Through a recent boundary survey (Attachment 1) it has been identified that parts of the golf course currently encroach onto the adjoining Council owned road reserves, outside of the lease area.  The encroachment boundary can generally be identified by the location of the existing copper log fencing at the course (Attachment 2).

 

3.      The boundary survey identified five locations of encroachment into the adjoining Council owned road reserve.  The affected roads include Battye Avenue, Ferry Avenue, Targo Road, Harslett Crescent and Burgess Street.

 

4.      In order to formalise the current encroachments of the golf course within the adjoining road reserves it is proposed to offer the Beverley Park Golf Club lawful occupation of the road reserves via a lease, subject to the provisions of the Roads Act, 1993.

 

Background

 

5.      The Beverley Park Golf Course was established in 1941 (77 years).

 

6.      The copper log fence at the golf course (indicating the extent of the encroachment) has been in place since 1988 (30 years).

 

7.      The total area of the golf course is 29.3 hectares. The total area of the five encroaching areas comes to a combined total of approximately 6,137 square metres.

 

8.      In order for the perimeter security fencing to be installed over the existing copper log fencing, a formal lease of the currently encroaching road reserve is required.

 

9.      Under the Roads Act 1993, Council as roads authority can enter into a lease for parts of the course that encroach upon the adjoining road reserve. The term of any such lease must not exceed 5 years (inclusive of options).

 

10.    Public notice must be given of any such proposal and the roads authority must consider any submissions made in relation to such proposal.

 

11.    The current lease agreement for Beverley Park Golf Course expires 31 December 2020 with a further 10 year option to renew.

 

12.    It is proposed to enter into a 2 year lease for the encroached road reserve to run in line with the existing lease term expiry being 31 December 2020. A further option period of 3 years will be included.

 

13.    The proposed lease fee is considered to represent current market value for the proposed encroachment areas.  Beverley Park Golf Club has agreed to the proposed lease terms and conditions in the proposed Term Sheet (Attachment 3).

 

 

Financial Implications

14.    Council’s general revenue will increase in accordance with the annual lease fee received from the lease of the road reserve (Attachment 3).

 

Risk Implications

 

15.    Noting that parts of the surrounding road reserves are currently being used for golf course purposes and in order to mitigate Council’s public liability exposure, it is recommended that the subject encroachments be formalised via an appropriate lease agreement.  As part of the agreement, the lessee will be required to provide Council with a copy of their current public liability insurance, noting Georges River Council as an interested party.

Community Engagement

16.     Public notification of the proposed lease to the Beverley Park Golf Club will be advertised in accordance with Section 154 of the Roads Act, 1993.

 

File Reference

17/1392

 

 

 

ATTACHMENTS

Attachment 1

Survey Plan Identifying Boundary Encroachments

Attachment 2

Existing Copper Log Fencing on Ferry Ave and Battye Ave

Attachment 3

Proposed Term Sheet - Beverley Park Golf Course (Confidential)

 


Georges River Council -         Finance and Governance Committee - Monday, 12 November 2018

FIN099-18              Property Matter - Proposed Lease of Road Reserve - Beverley Park Golf Course

[Appendix 1]          Survey Plan Identifying Boundary Encroachments

 

 

Page 84

 


 


 


Georges River Council -         Finance and Governance Committee - Monday, 12 November 2018

FIN099-18              Property Matter - Proposed Lease of Road Reserve - Beverley Park Golf Course

[Appendix 2]          Existing Copper Log Fencing on Ferry Ave and Battye Ave

 

 

Page 86

 


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 88

Item:                   FIN100-18          Georges River Council Quarterly Property Portfolio Report 

Author:              Strategic Property Specialist

Directorate:      Community and Culture

Matter Type:     Committee Reports

 

 

 

Recommendation:

That the report “Georges River Council Quarterly Property Portfolio Report” be received and noted.

 

 

Executive Summary

1.      At its meeting on 1 May 2017, Council resolved to report regularly on the commercial property portfolio and other associated leases and licences.

2.      This report details the performance of Council’s property portfolio. The report includes information on Council’s commercial properties (Attachment 1), community properties (Attachment 2), commercial car parking, sporting facilities and footway licences.

 

Background

3.      This report details the performance of Council’s property portfolio. The report includes information on Council’s commercial properties, community properties, commercial car parking, sporting facilities and footway licences.

4.      There are currently zero (0) arrears on leases and licences.

5.      The report is an evolving document and responds to the ongoing audit of Council’s leases and licences.

6.      Commercial Property

Property Address

No. of Current Leases

No. of Vacant Premises

Monthly Rent       (incl. GST)

Annual Rent – Estimated (incl. GST)

Comment

Commercial Office Building - 34 MacMahon Street, Hurstville – (Hurstville House)

24

0

$108,623

$1,303,471

 

Commercial Office Building - 38 Humphreys Lane, Hurstville

3

0

$58,457

$701,484.00

 

Other Leases

 

 

 

 

 

Commercial

17

NIL

$95,757

$1,149,083

Retail

4

NIL

$20,464

$245,570

Telecommunications

3

N/A

$3,901

$46,812

Footway Licences

TBA

N/A

TBA

TBA

Policy to be finalised and data included in next report.

Kogarah Civic Centre Building - 2 Belgrave Street Kogarah

2

1

$17,296

$207,552

Offer accepted on remaining vacant suite. Rental per annum (inc GST) = $66,000.

Total

53

1

$304,498

$3,653,972

 

There is currently a 2% vacancy rate across the commercial property portfolio.

7.      Sporting Facilities

Property

No. of Current Agreements

Hirer or Club

Agreement

Monthly Revenue   (excl. GST)

Annual Revenue    (excl. GST)

Comment

Golf Courses

 

 

 

 

 

$79,134 pa Golf Course Rental + $29,015 pa Club House Rental.

Beverley Park Golf Course

1

Beverley Park Golf Club Ltd

Lease
Beverley Park Golf Club Ltd

$9,012

$108,144

 

 

 

 

 

 

Hurstville Golf Course

2

Hurstville Golf Club

Bluefit Management Agreement

$49,686

$596,232

Revenue includes contribution to utilities and maintenance. Not a NET figure.

Hurstville Golf Club (MoU)

$2,486

$29,832

Swimming Pools/Aquatic Facilities

 

 

 

 

 

Revenue includes contribution to utilities and maintenance. Not a NET figure.

Hurstville Aquatic Leisure Centre

1

NA

Bluefit Management Agreement

$148,865

$1,786,380

Sans Souci

1

NA

Lease
Hinarni Pty Ltd

$8,800

$105,600

Lease option negotiation finalised.
Asset Management Plan required.

Carss Park Pool

Nil

Council

Nil

-$17,830

-$213,960

Operation assisted by Bluefit staffing.

Tennis Courts

 

 

 

 

 

Term from September 2016 to September 2019.

Ken Rosewell

1

NA

Management Agreement
Evolution Tennis

$7,083

$85,000

Parkside Drive

1

NA

Lease
Graeme Wardrop

$3,098

$37,176

 

Term from June 2016 to June 2021 with a 5 year option.

Jubilee Oval

 

 

 

 

 

Revenue includes on-costs for matches.

St George NRL Club

1

St George NRL Club

Hire Agreement

-

$410,000

St George District Football Club

1

St George District Football Club

Lease includes use of venue for fixtures

-

$71,500

Hurstville Oval

 

 

 

 

 

6 month seasonal arrangement - October to March.

St George District Cricket Club

1

St George District Cricket Club

Licence

-

$1,802

Total

10

 

 

$211,200

$3,017,706

 

 

8.      Commercial Car Parking

Car Park

No. Permanent Parking

No. of Public Parking Spaces

Management Agreement

Monthly Revenue       (incl. GST)

Annual Revenue Estimate (incl. GST)

Comment

Waratah Hospital Car Park

-

150

Secure Parking

$6,391

$76,692

$265,000 Strata Fees

31 Dora St Hurstville

(Average)

Annual subsidy of $188,308 per annum.

 

 

 

Kogarah Town Square Car Park

4

224

APARC

$34,420

$413,040

Annual Strata Fees of $94,509.

6 Derby St Kogarah

TDN

Empress/Woniora Gardens Car Park

5

100

APARC

$12,270

$147,240

Annual Strata Fees of $2,778.

588-604 Railway Pde Hurstville

TDN

ATO spaces
12-22 Woniora Road, Hurstville

-

79

Council as Lessee

-

$300,000

$450,000 received for period July 2017 - December 2018. Handover of stratum title to Council expected first half of 2019.

Total

9

553

 

$53,081

$936,972

 

9.      Community Leases

Community Leases

No. of Properties

Vacancies

Annual Rent

NOTE

(excl. GST)

Scouts & Girl Guides

10

NIL

$63

 

Community Centres

6

NIL

 

 

1. Jubilee (Mortdale)

 

 

$63,000

Nil income due to 100% Council reimbursement of Annual Rent.

2. Kingsgrove

 

 

$54,798

Nil income due to 100% Council reimbursement of Annual Rent.

3. Kogarah

 

 

$10,920

 

4. Riverwood

 

 

TBC

Rental and subsidy to be assessed in line with Policy.

5 Pole Depot (Penshurst)

 

 

$1

Subsidised rental due to extensive capital investment by tenant.

6. Youth Outreach Kogarah

 

 

$1,000

 

Community Sports

3

NIL

$19,362

 

St George Business Chamber of Commerce

1

NIL

-

$22,000 annual office rental subsidy plus $30,000 per annum over 5 years Council contribution to assist with program development.

Radio 2NBC

1

NIL

$1

$1 income to Council as per Council resolution.

Hurstville District Small Bore Rifle Club

1

NIL

$1

 

Misc. Others

9

NIL

$2,047

 

Total

31

0

$151,193

 

 

Financial Implications

10.    No budget impact for this report.

 

File Reference

17/2939

 

 

 

ATTACHMENTS

Attachment 1

Commercial Properties

Attachment 2

Community Properties

 


Georges River Council -         Finance and Governance Committee - Monday, 12 November 2018

FIN100-18              Georges River Council Quarterly Property Portfolio Report

[Appendix 1]          Commercial Properties

 

 

Page 92

 


Georges River Council -         Finance and Governance Committee - Monday, 12 November 2018

FIN100-18              Georges River Council Quarterly Property Portfolio Report

[Appendix 2]          Community Properties

 

 

Page 93

 


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 96

Item:                   FIN101-18          Councillor Professional Development Annual Update 

Author:              Acting Head of Executive Services

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation;

That the Councillor Professional Development Annual Update be received and noted.       

 

Executive Summary

1.      Amendments to the Local Government Act 1993 (the Act) in August 2016 saw the inclusion in the prescribed role of Councillors under Section 232 of the Act a responsibility “to make all reasonable efforts to acquire and maintain the skills necessary to perform the role of a councillor”.

2.      Accordingly, the Administrator implemented a Councillor Induction and Professional Development Program where it was determined that Councillors would be required to undertake a minimum of 12 hours of professional development per annum.

 

Background

3.      In response to the amendments to the Act in August last year by the Local Government Amendment (Governance and Planning) Act 2016 Council has developed an induction and Professional Development Program which will assist Councillors “to make all reasonable efforts to acquire and maintain the skills necessary to perform the role of a Councillor” in accordance with Section 232 of the Act.

 

4.      All Councillors have achieved their induction and professional development requirements by participating in the following induction and professional development activities over the past 12 months:

 

Induction and Professional Development Activity

 

Roles and Responsibilities of Councillors (Conduct Obligations and Sanctions)

Lindsay Taylor Lawyers

Directorate Presentations – Office of the General Manager, Office of the Chief Operating Officer, Transformation and Change

Council Directorate Presentations

Directorate Presentations – Environment and Planning, Office of the General Counsel

Council Directorate Presentations

Directorate Presentations – Assets and Infrastructure, Community and Culture

Council Directorate Presentations

Councillor Workshop “Working Together”

Norman Turkington and Associates

NIDA Corporate “Presenting with Confidence”

National Institute of Dramatic Art

Housing Affordability Boardroom Lunch

Cities Leadership Institute

Ethics

St James Ethics Centre

·    Governance in Action

·    Conflicts of Interest

·    Interpreting Financial Statements

Australian Institute of Company Directors

Chairing Effective Meetings

Local Government NSW

 

5.      Over the next 12 months, in addition to identifying individual Councillor requirements, Councillors will be provided the following professional development opportunities:

a.      18th International Cities, Town Centres and Communities (ICTC) Conference

b.      ICAC Presentation by Adam Shapiro, The Independent Commission Against Corruption

c.       The New Model Code of Conduct by Lindsay Taylor Lawyers

d.      Crown Lands Management Act 2016 – Native Title by Lindsay Taylor Lawyers

e.      2019 Local Government NSW Conference

Next Steps

6.      In support of the changes to the Act, regulations will soon be made for induction and professional development for mayors and councillors.

 

7.      In the interim, the Act the Office of Local Government has prepared guidelines to assist Councils to develop and deliver induction and ongoing professional development activities in compliance with the proposed regulations.

 

8.      Council will implement a policy for ongoing professional development for the mayor and councillors in compliance with the guidelines.

 

Financial Implications

9.      Council’s Mayor and Councillors’ Expenses and Facilities Policy was developed incorporating the following maximum amounts for attendance at Professional Development courses and Conference/Seminars. All induction and professional development activities undertaken are within budget allocation.

Professional Development (training and education courses)

$1500 per Councillor per year

Conferences and Seminars

$3000 per Councillor per year

General Travel Expenses incurred within NSW when attending professional development and conference/seminars

$1000 per Councillor per year

$3000 for the Mayor per year

Interstate, overseas and long distance intrastate travel expenses

$10,000 total for all Councillors per year

 

Risk Implications

10.    The Enterprise Risk Management Strategy contains relevant actions in regards to the provision of professional development to Councillors.  Affording Councillors the opportunity to participate in professional development mitigates both political and governance risks by ensuring that Councillors are provided forums which provide exposure to current trends and changes within the Local Government Sector.

 

Community Consultation

11.    The Office Local Government undertook consultation with Councils in regards to the development of the Councillor Induction and Professional Development Guidelines.

 

 

File Reference

D18/236075

 

 

 

  


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 97

Item:                   FIN102-18          Quarterly Report - Outstanding Council Resolutions as at 30 September 2018 

Author:              Acting Executive Manager, Office of the General Manager

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation;

That the Quarterly Report - Outstanding Council Resolutions as at 30 September 2018, be received and noted.

 

 

 

Executive Summary

1.      Council resolved on 26 February 2018 that a quarterly report be provided, commencing in April 2018, detailing progress made on any outstanding resolutions from previous Council meetings.

2.      This report provides progress on outstanding resolutions as at 30 September 2018.

 

Background

3.      Attachment 1 contains all Council resolutions that remain outstanding or require further action. 

4.      Completed items have been marked accordingly and will be removed from future reports. 

 

Financial Implications

5.      There are no budget implications for this report.

 

Risk Implications

6.      The Enterprise Risk Management Strategy contains relevant actions in regards to the provision of an open, accessible and transparent decision making and meeting process.  The quarterly consideration of this report ensures that Councillors and members of the community are informed in regards to the status of implementation of council resolutions.  

 

Community Engagement

7.      Members of the community are able to attend and address Council meetings in accordance with Council’s Code of Meeting Practice.

 

File Reference

D18/61564

 

 

ATTACHMENTS

Attachment 1

Attachment to ~ Outstanding Council Resolutions as at 30 September 2018

 


Georges River Council -         Finance and Governance Committee - Monday, 12 November 2018

FIN102-18              Quarterly Report - Outstanding Council Resolutions as at 30 September 2018

[Appendix 1]          Attachment to ~ Outstanding Council Resolutions as at 30 September 2018

 

 

Page 99

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 137

Item:                   FIN103-18          Georges River Council Draft Annual Report 2017-2018 

Author:              Community Engagement Officer

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation

a)      That the Georges River Council Draft Annual Report 2017-2018 be approved and forwarded to the Minister of Local Government and an electronic version published on the Council Website.

b)      That the General Manager be delegated authority to undertake any necessary minor administrative or editorial changes to the Draft Annual Report 2017-2018. 

 

Executive Summary

1.      The NSW Local Government Act 1993 requires councils provide an Annual Report to its community by the 30 November and submit a copy to the Minister for Local Government.

2.      The Georges River Council Draft Annual Report 2017-2018 documents achievements for the year, including progress with implementation of initiatives, financial performance and other information that Council is required to disclose. A copy of the Draft Annual Report 2017-2018 will be distributed under separate cover.

Background

3.      The Georges River Council Draft Annual Report 2017-2018 has been completed to meet the statutory requirements and reporting responsibilities under section 428 of the Local Government Act 1993, the Local Government (General) Regulation 2005 and in compliance with various other legislation and reporting guidelines.  

 

4.      Under Section 428 Council is required to submit an Annual Report detailing its activities to the community and to the Minister for Local Government (via the Office of Local Government) by 30 November each year.

 

5.      Normally, Council would be required to report progress against its 4 year Delivery Program, as a newly amalgamated Council the Delivery Program was not in place until 30 June 2018.

 

6.      The 2017-2018 Annual Report reports against Council’s 2017-2018 Operational Plan and merger Implementation Plan, which contains the milestones and actions issued by the NSW Department of Premier and Cabinet and the approved funding for those actions.

 

7.      The Draft Annual Report 2017-2018 provides information about the Georges River Area, the Community, Council operations, progress with the amalgamation, achievements, financial performance and various statutory details.

 

8.      The Draft Annual Report seeks to give readers an understanding of the Council’s performance across its many services during 2017-2018 and the significant effort put into making the Georges River Council a successful new local government entity.

 

9.      An electronic version will be submitted to the Minister for Local Government via the Office of Local Government and will be accessible to the community from the Georges River Council website.

 

Financial Implications

10.    No budget impact for this report.

 

Risk Implications

11.       The Enterprise Risk Management Strategy contains relevant actions in regards to the provision of an open, accessible, transparent decision making and meeting process and legislative compliance. The consideration of this report ensures that members of the community are informed in regards to compliance by Council with statutory obligations.  

 

Community Consultation

12.    Members of the community are able to attend and address Council meetings in accordance with Council’s Code of Meeting Practice.

 

 

File Reference

D17/213076

 

 

 

  


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 139

Item:                   FIN104-18          Cooperative Research Centre (CRC) Partnership Funding Application - Future Cities 

Author:              Director Transformation and Change

Directorate:      Transformation and Change

Matter Type:     Committee Reports

 

 

 

Recommendation;

(a)     That Georges River Council provide in-principle commitment as a project partner in the Future Cities Cooperative Research Council Funding application.

(b)     That the General Manager be delegated authority to negotiate a formal commitment once the results of the application are known, to a maximum value of $25,000 per annum.

 

 

Executive Summary

1.      Georges River Council has been invited to partner with a range of government, academic and industry bodies across Australia in a bid for $40 million in funding from the Commonwealth Cooperative Research Centres (CRC) Program to support and $80 million project.

2.      The Future Cities Project has successfully progressed beyond the Expression of Interest (EOI) stage to be shortlisted with 5 other projects for potential funding.

3.      The funding criteria requires partners to financially contribute 50% of the total costs. For this project, academic institutions are committing $150,000 per annum (minimum) and State government departments up to $2 million per annum. Local government commitments are $25,000 per annum. The project is expected to run for 10 years with a minimum commitment of 3 years and thereafter by annual review. 

4.      This report seeks in-principle commitment from Council as a project partner for an initial period of 3 years at a cost of $25,000 per annum. Funding is available from the existing Merger Initiatives Reserve.

5.      The project is consistent with Council’s adopted direction for the newly established Directorate – City Strategy and Innovation and will cement our brand as an exciting location for innovation and investment.

6.      The project is split into four programs with potential direct benefits for the Georges River LGA:

 

a.      Program 1 Smart Connected Place – use of created digital applications, sensor products for testing and deployment

b.      Program 2 Efficient Integrated Infrastructure – access to financial and business models for smart procurement and asset maintenance

c.       Program 3 City Analytics and Foresighting – access to data products and insights for our area

d.      Program 4 Liveable Cities and Regions – national benchmarking and indices for equity, affordability and other factors

 

 

 

Background

7.      With the commencement of the new Directorate, Council will be well positioned to support this proposal. The City Strategy and Innovation staff have been tasked with developing partnerships that extend beyond our LGA to influence policy and funding allocation for Georges River. The CRC Program supports industry-led collaborations between industry, researchers and the community. It’s a proven model for linking researchers with industry to focus on research and development towards use and commercialisation.

8.      This proposal includes opportunities to work with government and industry on pilot projects that will benefit our local residents and businesses directly and indirectly support the reputation and image of Council.

9.        In addition, the City Strategy and Innovation Directorate is responsible for promoting and managing grant opportunities across Council, further strengthening of our smart cities and digital capabilities and engaging with the community to develop innovative solutions to urban issues.

10.    The CRC Program aims to:

a.      improve the competitiveness, productivity and sustainability of Australian industries, especially where Australia has a competitive strength and in line with government priorities;

b.      foster high quality research to solve industry-identified problems through industry-led and outcome-focused collaborative research partnerships between industry entities and research organisations;

c.       encourage and facilitate small and medium enterprise (SME) participation in collaborative research.

11.    CRC grants provide successful applicants with access to grant funds for up to 10 years for collaborations from industry, research and community sectors to solve industry problems and improve the competitiveness, productivity and sustainability of the Australian industries.

12.    The Future Cities Project will deliver outputs that advance the digital, physical, analytical and societal elements of our cities and regions. Researchers will work with industry to develop products that deliver a technology-enabled built environment, integrated with city serving systems to deliver outcomes for communities.

 

13.    Research will be tested in Living Laboratories. These will be community focussed, embedded in real-time development projects and digitally enabled – to deploy and test smart city technology and infrastructure, social innovation, governance and regulatory reform, new business and finance models, and urban planning and design. This project will deliver measurable reductions in carbon and improvements in affordability, resilience and health and well-being of citizens.

 

14.    The following agencies are confirmed project partners:

 

a.      Federal Government: Department of Environment and Energy, Infrastructure Australia

b.      State Governments: Infrastructure NSW, Landcom, NSW Office of Environment and Heritage, NSW Ministry of Health, South Australian Water Corporation, Roads Corporation of Victoria, VIC Department of Health and Human Services, Western Australian Land Authority

c.       Local Government: Bathurst, Wollongong, Parramatta, Sydney, Liverpool, NSROC, Randwick, Gold Coast, Ipswich, Logan, Salisbury, Brimbank, Yarra

d.      Research Providers: CSIRO, Curtin University, Deakin University, QLD UTS, University of Melbourne, UNSW, RMIT, UTS, UOW

e.      Industry Partners: 12 Associations including the Property Council, HIA, GBCA; 10 BE and Developers including ARUP, AECOM, Bluescope, Mirvac; 4 Energy providers including Origin, Enosi, Transgrid; and 11 others such as Australia Post, The Committee for Sydney, IoT Alliance.

f.       12 international partners such as MIT, King’s College London, UK Collaboratorium for Research on Infrastructure and Cities, UN Economic and Social Commission for Asia Pacific.

 

Financial Implications

15.    If the grant funding application is successful, additional non-budgeted funds of $25,000 per annum from the Merger Initiatives Reserve will be required to be allocated by Council for the period 2018/19 – 2020/21. 

16.    Funds are payable only in the event of program establishment success.  

Risk Implications

17.    No risks identified at this stage, however ongoing monitoring should occur.

Community Engagement

18.    Community engagement will be conducted for individual projects should the grant application be successful.

 

File Reference

17/1831

 

 

 

    


Georges River Council – Finance and Governance Committee -  Monday, 12 November 2018                                  Page 142

Confidential items (Closed Meeting)

Council's Code of Meeting Practice allows members of the public present to indicate whether they wish to make representations to the meeting, before it is closed to the public, as to whether that part of the meeting dealing with any or all of the matters listed should or should not be considered in closed session.

 

Recommendation

That in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the following matters be considered in closed Meeting at which the press and public are excluded.

 

FIN008A-18       Sans Souci Bathers Pavilion

(Report by Director Legal Services and General Counsel)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting at which the press and public are excluded. In accordance with Section 10A(2) (g) it is considered the matter contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

That in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to these matters be withheld from the press and public.