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Transcript of ORDINARY COUNCIL MEETING - ahc.sa.gov.au fileOrdinary Council Meeting AGENDA 22 April 2014 Page 2...
Page 1
ORDINARY COUNCIL MEETING
NOTICE OF MEETING To: Mayor Bill Spragg
Councillors Ward
Councillor Ron Nelson Councillor Jan-Claire Wisdom
Manoah
Councillor Ian Bailey Councillor Jan Loveday
Marble Hill
Councillor Kate Hosking Councillor John Kemp Councillor Simon Jones
Mt Lofty
Councillor Bill Gale Councillor Lynton Vonow Councillor Andrew Stratford
Onkaparinga Valley
Councillor Linda Green Councillor Malcolm Herrmann
Torrens Valley
Notice is hereby given pursuant to the provisions under Section 83 of the Local Government Act 1999 that the next meeting of the Council will be held on:
Tuesday 22 April 2014 6.30pm
63 Mt Barker Road Stirling A copy of the Agenda for this meeting is supplied under Section 83 of the Act. Meetings of the Council are open to the public and members of the community are welcome to attend.
Andrew Aitken Chief Executive Officer
Ordinary Council Meeting AGENDA 22 April 2014
Page 2
AGENDA FOR MEETING Tuesday 22 April 2014
6.30pm 63 Mt Barker Road Stirling
ORDER OF BUSINESS
Council Vision Nurturing our unique place and people Council Mission Delivering activities and services which build a resilient community, sustain our built and
natural environment and promote a vibrant economy
1. COMMENCEMENT
2. OPENING STATEMENT
“Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land. We understand that we do not inherit the land from our ancestors but borrow it from our children and in this context the decisions we make should be guided by the principle that nothing we do should decrease our children’s ability to live on this land.”
3. APOLOGIES/LEAVE OF ABSENCE
3.1. Apology
3.2. Leave of Absence – Cr Malcolm Herrmann
3.3. Absent
4. MINUTES OF PREVIOUS MEETINGS
Council Meeting – 25 March 2014 That the minutes of the ordinary meeting held on 25 March 2014 as supplied, be confirmed as an accurate record of the proceedings of that meeting.
5. DECLARATION OF INTEREST BY MEMBERS OF COUNCIL
6. PRESIDING MEMBER’S OPENING REMARKS
Ordinary Council Meeting AGENDA 22 April 2014
Page 3
7. REPORTS
7.1. Councillor Reports
7.2. Reports of Members as Council/Committee Representatives on External Organisations
7.2.1. Upper Torrens Land Management Group – Cr Malcolm Herrmann
7.3. CEO Report
8. QUESTIONS ADJOURNED/LYING ON THE TABLE
8.1. Questions Adjourned 8.1.1. Code of Conduct Complaint Cr Andrew Stratford
8.2. Questions Lying on the Table
9. PETITIONS / DEPUTATIONS / PUBLIC FORUM
9.1. Petitions
9.2. Deputations
9.3. Public Forum
10. PRESENTATIONS (by exception)
Nil
11. QUESTIONS ON NOTICE
Nil
12. MOTIONS ON NOTICE
12.1. Renaming Stirling Linear Park – Cr John Kemp I move that Council conducts community consultation to rename Stirling Linear Park as Woorabinda Bushland Reserves. The four reserves which constitute Stirling Linear Park will retain their existing names. This process will be in accordance with Council’s policies for Place and Road Naming and Public Consultation.
13. REPORTS OF COMMITTEES
13.1. Strategic Planning & Development Policy Committee – 8 April 2014 That the minutes of the SPDPC meeting held on 8 April 2014 as supplied, be confirmed as an accurate record of the proceedings of that meeting, except for item 12.4 Strategic Planning & Development Policy Committee Terms of Reference and Delegations Review:
Ordinary Council Meeting AGENDA 22 April 2014
Page 4
That having considered the recommendation of the Committee which has read and considered the report in the agenda related to item:
12.4 To recommend to Council to revoke the 9 April 2013 Strategic Planning & Development Policy Committee Terms of Reference and to adopt the draft April 2014 Strategic Planning & Development Policy Committee – terms of Reference with the following changes:
3.1 The Committee shall consist of all elected members 3.2 The Council will appoint the Presiding Member
Council adopts the motion as printed.
13.2. Development Assessment Panel – 1 April 2014 That the minutes of the CDAP meeting held on 1 April 2014 as supplied, be confirmed as an accurate record of the proceedings of that meeting.
13.3. Audit Committee Nil
13.4. CEO Performance Review Panel Nil
14. OFFICER REPORTS
14.1. Consultation re former Mt Torrens CFS Shed That Council resolves to: 1. Note the findings of the community consultation undertaken at the open
day 30 March, 2014. 2. Further investigate the costs of retaining and upgrading the CFS Shed
with associated landscaping and public toilet provision. 3. Further investigate the costs of removing the CFS Shed with associated
landscaping and public toilet provision. 4. Investigate the costs associated with upgrading the existing Coach
house. 5. Continue to work with the Mount Torrens District and Community
Association Inc.(MTDCA) in investigating the costing options. 6. Report back to Council by June 2014 on the outcome of the costings
investigations. 7. Notes the MTDCA preferred site for the AHISS sculpture is the former
CFS site.
14.2. Transfer of land to Public Road – Epiphany Place, Crafers That Council: 1. Approves the execution of the Certificate of Consent for the Deposit of
a Plan of Division that vests Allotment 52 Epiphany Place in the name of the Adelaide Hills Council.
2. Authorises the Mayor and Chief Executive Officer to sign and seal all necessary documentation.
Ordinary Council Meeting AGENDA 22 April 2014
Page 5
14.3. Hills Voice Working Party 1. The Terms of Reference for the Hills Voice Reference Panel as
contained in Appendix 1 be adopted. 2. The Terms of Reference for the Australia Day Awards Panel as
contained in Appendix 2 be adopted.
14.4. Request for waiver of CWMS contribution fee for Mt Torrens CFS That Council agrees to waive the $3470 CWMS contribution fee for the Mount Torrens CFS at Lot 11 Springhead Road Mount Torrens in Development Application 473/D38/11.
14.5. Building Fire Safety Committee Membership and Update That Council appoints the following people as members of the Adelaide Hills Council Building Fire Safety Committee as the appropriate authority for the purposes of Section 71 of the Development Act 1993 until 31 March 2017: a. Peter Harmer, Contract Building Surveyor/Building Engineer, as a
person with expertise and qualifications in building surveying, engineering and building fire safety;
b. Colin Paton, as a person nominated by the Country Fire Service, with Julian Aggiss and Ray Jackson nominated as deputy members;
c. Zig Osis, Team Leader Building Services as an authorised Council officer with expertise and qualifications in building surveying and building fire safety;
d. Deryn Atkinson, Manager Development Services as an authorised Council officer, with Marc Salver appointed as a deputy member.
14.6. Long Term Financial Plan – still to come from LM That Council resolves to adopt the Adelaide Hills Council Long Term Financial Plan prepared in February 2014.
15. MISCELLANEOUS ITEMS
15.1. Documents for signing & sealing
15.2. Status Report – Council Resolutions Update
16. QUESTIONS WITHOUT NOTICE
17. MOTIONS WITHOUT NOTICE
Ordinary Council Meeting AGENDA 22 April 2014
Page 6
18. CONFIDENTIAL ITEMS
18.1. RLMAG Grazing Broadacre Representative
18.2. AHRWMA Update
18.3. Cemetery Advisory Group Selection of Independent Members
18.4. Local Heritage DPA Stage 1 Statement of Intent
19. NEXT MEETING
Tuesday 27 May 2014, 6.30pm, 63 Mt Barker Road, Stirling
20. CLOSE MEETING
Council Meeting/Workshop Venues 2014 Meetings are subject to change, please check agendas for times and venues. All meetings (except Workshops & Elected Member Training) are open to the public.
DATE TYPE LOCATION MINUTE TAKER
May
6 May 2014 CDAP TBA Karen Savage
7 May 2014 Workshop Stirling N/A
13 May 2014 SPDPC Woodside
20 May 2014 Elected Member Training TBA N/A
27 May 2014 Council Stirling Pam Williams
June
3 June 2014 CDAP TBA Karen Savage
4 June 2014 Workshop TBA N/A
10 June 2014 SPDPC Woodside
17 June 2014 Elected Member Training Stirling N/A
24 June 2014 Council Stirling Pam Williams
July 1 July 2014 CDAP TBA Karen Savage
2 July 2014 Workshop TBA N/A
8 July 2014 SPDPC Woodside
15 July 2014 Elected Member Training Stirling N/A
22 July 2014 Council Stirling Pam Williams
August 5 August 2014 CDAP TBA Karen Savage
6 August 2014 Workshop Stirling N/A
12 August 2014 SPDPC Woodside TBA
19 August 2014 Elected Member Training TBA N/A
26 August 2014 Council Stirling Pam Williams
September 2 September 2014 CDAP TBA Karen Savage
3 September 2014 Workshop Stirling N/A
9 September 2014 SPDPC Woodside TBA
Caretaker Mode commences on 16 September 2014 16 September 2014 Elected Member Training TBA N/A
23 September 2014 Council Stirling Pam Williams
October
7 October 2014 CDAP TBA Karen Savage
1 October 2014 Workshop Stirling N/A
14 October 2014 SPDPC Woodside TBA
21 October 2014 Elected Member Training TBA N/A
28 October 2014 Council Stirling Pam Williams
Periodic Election Polling Day is 7 November 2014
Community Forums 2014
DATE TYPE LOCATION
Tues 29 April 2014 Community Forum Crafers Primary School
Tues 29 July 2014 Community Forum Cudlee Creek
Tues 30 September 2014 Community Forum Charleston
Item 4 Minutes of Council
33 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
In Attendance: Mayor Bill Spragg
Councillors Ward
Councillor Ron Nelson Councillor Jan-Claire Wisdom
Manoah
Councillor Ian Bailey Councillor Jan Loveday
Marble Hill
Councillor Kate Hosking Councillor John Kemp
Mt Lofty
Councillor Bill Gale Councillor Lynton Vonow Councillor Andrew Stratford
Onkaparinga Valley
Councillor Linda Green Councillor Malcolm Herrmann
Torrens Valley
In Attendance
Andrew Aitken Chief Executive Officer
Tim Piper Director Corporate Services
Tim Hancock Director Engineering & Assets
Marc Salver Director Strategy & Development
David Waters Director Community & Customer Service
Lachlan Miller Manager Governance & Risk
Chris Button Manager Health & Regulatory Services
Pam Williams Minute Secretary
1 Commencement
The meeting commenced at 6.34pm.
2 Opening Statement
Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land. We understand that we do not inherit the land from our ancestors but borrow it from our children and in this context the decisions we make should be guided by the principle that nothing we do should decrease our children’s ability to live on this land.
3 Apologies/Leave of Absence
34 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
3.1 Apology
Cr Simon Jones
3.2 Leave of Absence
Moved Cr Jan-Claire Wisdom S/- Cr Linda Green
Carried Unanimously 37
That the apology from Councillor Simon Jones for unavoidable absence be accepted and leave of absence from the meeting granted.
4 Previous Minutes
4.1 Council Meeting 11 February 2014 Moved Cr Malcolm Herrmann S/- Cr Jan Loveday
Carried Unanimously 38
That the minutes of the ordinary meeting held on 11 February 2014 as supplied, be confirmed as an accurate record of the proceedings of that meeting.
4.2 Council Special Meeting 11 March 2014
Moved Cr Lynton Vonow S/- Cr Linda Green
Carried Unanimously 39
That the minutes of the ordinary meeting held on 11 March 2014 as supplied, be confirmed as an accurate record of the proceedings of that meeting.
4.3 Reports of Committees Strategic Planning & Development Policy Committee 25 February 2014 Moved Cr John Kemp S/- Cr Ron Nelson
Carried Unanimously 40
That the minutes of the Strategic Planning & Development Policy Committee meeting of 25 February 2014 as distributed, be received and noted, with the recommendations in Item 12.2 Code of Practice for Meeting Procedures and Item 12.1 Dog Registration Fees referred to Council – see Items 13.12 and 13.14.
35 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
4.4 Development Assessment Panel 4 March 2014
Moved Cr Linda Green S/- Cr John Kemp
Carried Unanimously 41
That the minutes of the Development Assessment Panel meeting of 4 March 2014 as distributed, be received and noted.
4.5 Audit Committee 10 February 2014
Moved Cr Kate Hosking S/- Cr Jan Loveday
Carried Unanimously 42
That the minutes of the Audit Committee meeting of 10 February 2014 as distributed, be received and noted.
4.6 CEO Performance Review Panel
Nil
5 Declaration of Interest by Members of Council
Under Section 74 of the Local Government Act 1999: Crs Loveday, Kemp & Green disclosed an interest in Items LMA 203 Sturt Valley Road Upper Sturt & Merrion Tce as they are members of Council’s Development Assessment Panel.
6 Mayor’s Opening Remarks
6.1 Mayoral activities since 11 March 2014
12 March
Metropolitan Local Government Group – Local Excellence workshop
17 March
National Association for Sustainable Agriculture, Australia: Chinese organic market access agreement
19 March
Metropolitan Local Government Group meeting
20 March
LGA Board meeting
21 March
Met with a Crafers resident regarding a complaint about a council decision
Interviewed by two high school students about bicyclists on council roads
24 March
Mayor's Awards for People with Disability
The Mayor reported that:
Council’s Senior Environmental Health Officer has been appointed to the Plumbing Technical Advisory Committee of the Office of the Technical Regulator.
36 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
The Remuneration Tribunal is starting its next round of deliberations on elected member allowances
7 Reports
7.1 Councillor Reports Cr Vonow – Freight Train Bypass Committee seeking more community members Cr Kemp – Friends of Stirling Linear Park patron is now Prof Chris Daniels Cr Wisdom – State Libraries Board one card library system rollout progressing well Cr Stratford – Hills Christian Community School – traffic & parking issues Cr Green – Primary Production Land DPA community meeting re Primary Production, Piccadilly & Kersbrook Residents Association Cr Bailey – Harmony Day at Inverbrackie Detention Centre and Primary Production Land DPA community meeting Cr Herrmann – Opening of Birdwood Hall Kitchen
7.2 CEO Report
Works on Ridge Road, Lobethal & Swamp Road, Balhannah
Community Shed, Uraidla
Bus Shelters, Verdun & Oakbank
District Master Plan
World Heritage Project
Farewell to Tim Hancock, Director Engineering & Assets
8 Matters Adjourned for Further Consideration/Lying on the Table
8.1 Adjourned Items
Nil
8.2 Lying on the Table
Nil
9 Motions on Notice Nil
10 Questions on Notice
Nil
11 Petitions/Deputations/Public Forum
37 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
11.1 Petitions
Lobethal Retirement Village grounds Moved Cr Jan-Claire Wisdom S/- Cr Bill Gale
Carried Unanimously 43
That the petition signed by Mrs Barbara Wingrove & 10 signatories, requesting
that Council undertakes regular maintenance on the grounds of Lobethal Retirement Village, be received.
11.2 Deputations Nil
11.3 Public Forum Nil
12 Presentations
Nil
13 Officers’ Reports
13.1 Community Forums
Moved Cr Malcolm Herrmann S/- Cr Jan-Claire Wisdom
Carried 44
That: 1. Council endorses the community forums being held in the following
times and locations; Tuesday 29 April 2014 Crafers Primary School Tuesday 29 July 2014 preferably Cudlee Creek Tuesday 30 September 2014 preferably Charleston
2. Council endorses the proposed format for the forums, removing reference to Wards
3. a report be presented to Council in January 2015 to review the format and scheduling of community forums for the next year.
13.2 Additional Dog Parks
Moved Cr Jan Loveday S/- Cr Kate Hosking
Carried Unanimously 45
1. That the report be received and noted 2. That a further report be presented to the 27 May 2014 Council meeting
providing the outcome of the community engagement and details of the
38 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
project plan for the upgrade of Carripook Park at Bridgewater and providing an update on the progress of the upgrades at the disused tennis courts at Upper Sturt and River Street Reserve at Balhannah.
3. That a strategy to promote off-leash areas be developed.
Leave of the meeting was granted to bring item 13.14, Dog Registration Fees, forward to this point of the meeting
13.14 Dog Registration Fees 2014/15 Moved Cr Linda Green S/- Cr Jan Loveday
Carried Unanimously 46
That the following schedule of dog registration fees for 2014/15 be forwarded to the Minister for Sustainability, Environment & Conservation for approval. 1. Maximum registration fee $70 2. Rebate for desexed dogs: 40% of the maximum fee 3. Rebate for Microchipped dogs: 10% of the maximum fee 4. Rebate for appropriately trained dogs: 10% of the maximum fee 5. All of the above rebates are to be aggregated to determine the
registration fee payable 6. Rebate for concession card holders: 50% of the registration fee payable 7. Fee for working dogs: $15 (no other rebate to apply) 8. Fee for greyhounds: $15 (no other rebate to apply) 9. Business registration fees: to be the same fee as for individual dog
registrations 10. Fee for transfer and issue of replacement discs: $5 11. Late registration fee: $15 12. Impounding fee: $60 13. Impounding fee after hours: $85 14. Daily Holding fee: $20
13.3 Proposed Road Closure Merrion Tce Stirling
An aerial photograph of the Merrion Tce site delineating the proposed road reserve and footpath boundaries was tabled. 7.32pm Crs Loveday, Kemp & Green declared a conflict of interest as they are members of Council’s Development Assessment Panel, and left the meeting room whilst Ms Shanti Ditter of the Agostino Group responded to questions from Councillors. 7.34pm Crs Loveday, Kemp & Green returned to the meeting room.
39 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
Moved Cr Malcolm Herrmann S/- Cr Ron Nelson
Carried 47
1. That Council commence the process to close approximately 225 square
metres of road reserve on the corner of Merrion Terrace and Mt Barker Road, Stirling according to the Roads Opening and Closing Act 1991
2. Subject to no objections to the road closure being supported, the Council enter into further negotiations with Weeroona Holdings Pty Ltd to sell the road reserve according to the Council’s Disposal of Land Policy and subject to mutual agreement on:
the commercial market value of the portion of the road reserve land
the development concept with the following items being addressed: o a traffic management plan for the proposed petrol and retail
outlet o a pedestrian and traffic circulation around the site o the streetscape enhancement, including retaining walls, footpath
and landscaping of the 67 metres of road reserve along the Merrion Terrace boundary of 65 Mount Barker Road Stirling and the works and the cost of the works that will be undertaken of Weeroona Holdings Pty Ltd.
3. That Weeroona Holdings Pty Limited meet all costs associated with the valuation, proposed road closure and sale of the land.
7.36pm Cr Herrmann left the meeting room 7.37pm Crs Loveday, Kemp & Green left the meeting room 7.38pm Cr Herrmann returned to the meeting room
13.4 Land Management Agreement Waiver 203 Sturt Valley Road Upper Sturt
Moved Cr Bill Gale S/- Cr Ian Bailey
Carried Unanimously 48
That: 1. Council, pursuant to clauses 2.2, 2.7 & 2.10.1 of Land Management
Agreement 1029722 between Raymond Murray Jarvis and the Adelaide Hills Council, agrees to the waiver of the owners’ obligations in relation to clauses 2.2, 2.7 & 2.10.1 of the Land Management Agreement and the building envelope depicted in Annexure “A” of the Land Management Agreement, to permit the construction of a detached dwelling EDA in accordance with:
the request by Mr and Mrs Edwards dated 2 May 2013 relating to Allotment 7, 203 Sturt Valley Road, Upper Sturt; and
the site plan, received by Council 1 May 2013, prepared by Chris Jeffrey - Architect as part of Development Application 473/328/2013.
2. The Director Strategy and Development be authorised to provide written communication of Council’s agreement to waive compliance with clauses 2.2, 2.7 & 2.10.1 of Land Management Agreement 1029722 to Mr and Mrs Edwards.
40 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
7.40pm Crs Loveday, Kemp & Green returned to the meeting room
13.5 Appointment of Deputy Presiding Member for Strategic Planning & Development Policy Committee
The Chief Executive Officer, as Returning Officer, called for nominations. Nominations were received for Cr Linda Green and Cr John Kemp. There being two nominations for one position, the Returning Officer indicated that an election was necessary. Arising from the election process, the Returning Officer declared Cr Kemp elected. Moved Cr Kate Hosking S/- Cr Jan Loveday
Carried Unanimously 49
That Council appoints Cr John Kemp as the Deputy Presiding Member for the Strategic Planning & Development Policy Committee for the term of this Council.
13.6 Audit Committee Sitting Fees
Moved Cr Jan-Claire Wisdom S/- Cr John Kemp
Carried Unanimously 50
That Council resolves that: 1. The sitting fees paid to Independent members of the Audit Committee
remain as follows until the end of the current member’s term which expires on 31 July 2014:
Independent Presiding Member $500 (Excl. GST) per meeting
Independent Ordinary Members $350 (Excl. GST) per meeting 2. The sitting fees paid to Independent members of the Audit Committee
from 1 August 2014 until 31 July 2017 be:
Independent Presiding Member $525 (Excl. GST) per meeting
Independent Ordinary Members $365 (Excl. GST) per meeting.
41 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
13.7 Audit Committee Appointments
The Chief Executive Officer, as Returning Officer, called for nominations. Nominations were received for Cr Kate Hosking and Cr Jan Loveday. There being two nominations for two positions, the Returning Officer indicated that an election was not necessary. Moved Cr Jan-Claire Wisdom S/- Cr John Kemp
Carried Unanimously 51
That Council resolves:
1. To appoint Cr Hosking and Cr Loveday to the Council Audit Committee for
the term of this Council. 2. To approve the recruitment of the three (3) independent member
vacancies of the Council Audit Committee for the 2014-17 period. 3. To appoint Mayor Spragg, Cr Hosking and Cr Loveday to the Selection
Panel for the independent member vacancies of the Council Audit Committee.
13.8 Budget – Budget Review 2
Moved Cr Malcolm Herrmann S/- Cr Jan-Claire Wisdom
Carried Unanimously 52
That the Budget Variations presented in Budget Review 2 (2013/14) totalling $15,000, bringing the Adjusted 2013/14 Budget Operating Surplus for the year from $357,000 to $342,000, be adopted.
13.9 Advisory Group Memberships
Moved Cr Jan-Claire Wisdom S/- Cr Lynton Vonow
Carried Unanimously 53
That Council resolves: 1. To approve the recruitment to the three (3) independent member
vacancies of the Adelaide Hills Business & Tourism Centre Advisory Group for a two (2) year period.
2. To appoint Cr Green, Cr Bailey and Cr Vonow to the Selection Panel for the independent member vacancies of the Adelaide Hills Business & Tourism Centre Advisory Group.
3. To appoint Cr Herrmann, Cr Nelson and Cr Bailey to the Selection Panel for the independent member vacancies of the Cemeteries Advisory Group.
4. To extend membership of Stirling Linear Park Advisory Group to 30 June 2014 while the future role of this group is considered.
42 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
13.10 March Delegations Review
Moved Cr Kate Hosking S/- Cr Bill Gale
Carried Unanimously 54
That, having conducted its annual review of the Council’s Delegations Register, in accordance with Section 44(6) of the Local Government Act 1999, the Council: 1. Revocations
1.1 Hereby revokes its previous delegations to the Chief Executive
Officer of those powers and functions under the following:
1.1.1 Community Titles Act 1996 1.1.2 Environment Protection Act 1993 and Environment Protection
(Waste Management) Policy 1994 1.1.3 Expiation of Offences Act 1996 1.1.4 Heavy Vehicle National Law (South Australia) Act 2013 1.1.5 Land & Business (Sale and Conveyancing) Act 1994 1.1.6 Liquor Licensing Act 1997 1.1.7 Local Government Act 1934 1.1.8 Strata Titles Act 1999 1.1.9 Unclaimed Goods Act 1987 1.1.10 Work Health Safety Act 2012 2.1 In exercise of the power contained in Section 44 of the Local
Government Act 1999 the powers and functions under the following Acts and specified in the proposed Instruments of Delegation contained in Appendices 1-17 (each of which is individually identified as indicated below) are hereby delegated this 21st day of December 2010 to the person occupying the office of Chief Executive Officer subject to the conditions and or limitations specified herein or in the Schedule of Conditions in each such proposed Instrument of Delegation.
2.1.1 Burial and Cremation Act 2013 and Burial and Cremation Regulations 2014 (Appendix 5).
2.1.2 Community Titles Act 1996 (Appendix 6) 2.1.4 Environment Protection Act 1993 and Environment Protection
(Waste Management) Policy 1994 (Appendix 7) 2.1.5 Expiation of Offences Act 1996 (Appendix 8) 2.1.6 Heavy Vehicle National Law (South Australia) Act 2013 (Appendix 9) 2.1.11 Land & Business (Sale & Conveyancing) Act 1994 (Appendix 10) 2.1.12 Liquor Licensing Act 1997 (Appendix 11) 2.1.13 Local Government Act 1934 (Appendix 12) 2.1.21 Strata Titles Act 1988 (Appendix 13) 2.1.22 Unclaimed Goods Act 1987 (Appendix 14) 2.1.24 Work Health and Safety Act 2012 (Appendix 15)
43 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
2.2 Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein or in the Schedule of Conditions contained in each such proposed Instrument of Delegation.
13.11 Temporary Road Closure Consents for Events Moved Cr Bill Gale S/- Cr Jan-Claire Wisdom
Carried Unanimously 55
That the Chief Executive Officer be authorised to consider and provide consent for road closure orders in relation to the following events: 1. Oakbank Easter Racing Carnival, to be held on 19 and 21 April 2014 2. Bay to Birdwood Run, to be held on 28 September 2014 3. Stirling Christmas Pageant, to be held on 16 November 2014 4. Woodside Christmas Pageant, to be held on 18 December 2014 5. Lobethal Christmas Pageant, to be held on 23 December 2014
13.12 Code of Practice for Access to Council and Committee Meetings and Documents Moved Cr Linda Green S/- Cr Jan Loveday
Carried Unanimously 56
That Council revokes the 24 February 2012 Code of Practice for Access to Council Meetings, Council Committees & Council Documents and adopt the March 2014 Code of Practice for Access to Council Meetings, Council Committees & Council Documents with an effective date of 1 April 2014.
44 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
13.13 Code of Practice for Meeting Procedures
Moved Cr Kate Hosking S/- Cr Jan Loveday
Carried Unanimously 57
That Council resolves: 1. that Part 2 of the Local Government (Procedures at Meetings)
Regulations 2013 apply to the Strategic Planning and Development Policy Committee
2. to revoke the 26 February 2013 Code of Practice for Meeting Procedures and adopt the draft March 2014 Code of Practice for Meeting Procedures with an effective date of 1 April 2014.
13.14 Proposed Road Closure – Birch Road Stirling
An aerial photograph of the road closure and proposed allotments and the two objections received were tabled. Moved Cr John Kemp S/- Cr Kate Hosking
Carried 58
That Council: 1. Does not support the objections received to the proposed road closure
of the unmade portion of Birch Road, Stirling by Mr & Mrs Rodella and Mr Evans.
2. Proceeds to make a Road Process Order for the unmade portion of Birch Road, Stirling, including advice that:
Mr & Mrs Rodella and Mr Evans were invited to attend two Council meetings relating to their objections
Council does not support the two objections as they relate to the use of adjacent land.
3. Advises Mr & Mrs Rodella and Mr Evans of Council’s decision.
13.15 Dog Registration Fees 2014/15
Chris Button Item 13.14, Dog Registration Fees, was considered earlier in the meeting
14 Miscellaneous Items
14.1 Documents for Signing & Sealing Nil
45 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
14.2 Council Resolutions Update
Moved Cr Lynton Vonow S/- Cr Ian Bailey
Carried Unanimously 59
That: 1. The Council Action List be received and noted 2. The following completed items be removed from the Action List:
26/02/2013 Council meeting schedule, agenda & community forums
14/05/2013 CEO Review Panel
9/07/2013 Riverview Road safety risk
23/07/2013 Indigenous Land Use Agreement – Kaurna
23/07/2013 MON - Indigenous Land Use Agreement - Request for Annual Report
27/08/2013 VELO Adelaide, Mt Lofty Challenge Cycling Event Support for 2014
10/09/2013 Reclassification of the former Mt Torrens CFS Site, 17 Townsend Street
10/09/2013 Review of Community Forum Format
8/10/2013 Community Survey - Wright Road Dog Park Opening & Closing Hours
22/10/2013 Wright Road Dog Park Opening hours
26/11/2013 RLMAG Selection Panel
10/12/2013 AHBTC Masterplan report to March 2014 meeting
10/12/2013 Strategic Plan Review
10/12/2013 Animal Management Plan Advisory Group
10/12/2013 TOR Advisory Groups
21/01/2014 Solar Panels Woodside
21/01/2014 Council Member Conduct Policy
21/01/2014 Council meeting dates February 2014
11/02/2014 Wright Road Dog Park
11/02/2014 AHC Meeting Schedule
11/02/2014 Appointment of Deputy Mayor
11/02/2014 CEO Performance Review Panel (CEOPRP)
11/02/2014 CEOPRP membership
11/02/2014 CEOPRP Presiding Member
11/02/2014 Selection Panel Ind Member CEOPRP
11/02/2014 CEOPRP Terms of Reference
11/02/2014 Code of Practice Access to Council mtgs
11/02/2014 Land Transfer Langbein Avenue Woodside
11/02/2014 CEOPRP recommendations - remuneration package
25/02/2014 Audit Committee Policy Recommendations
11/03/2014 MON Managing Rail Freight through Adelaide Hills
11/03/2014 MON LGA Support for Rail Freight Loop
11/03/2014 Dog Registration Fees
11/03/2014 Code of Practice for Meeting Procedures
11/03/2014 Council Member Training & Development Policy
11/03/2014 DVD Presentation by YAC
46 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
11/03/2014 Execution of Deed with Minister for Planning for Local Government Stimulus Funding Program - Bridgewater Institute Reserve
Re Item 228 of the Council Resolutions Update, Cr Stratford tabled the letter from Mayor Spragg dated 13 March 2014 re Code of Conduct - apology.
15 Questions without Notice
Cr Andrew Stratford - CEO endorsement of Mayor’s letter dated 13 March 2014, authorisation of legal advice and Council’s policy, recording of council resolutions Cr Herrmann – Minuting information Cr Bailey – Application of Freedom of Information Act 1991
16 Motions Without Notice
Having taken into account the Guiding Principles, the Mayor accepted the following Motion Without Notice. 9.31pm Cr Hosking left the meeting room 9.33pm Cr Hosking returned to the meeting room 9.35pm Cr Bailey left the meeting room 9.38pm Cr Bailey returned to the meeting room
16.1 Code of Conduct Complaint against Cr Andrew Stratford
Moved Cr Andrew Stratford S/- Cr Ian Bailey
That Council 1. Considers the matter referred to as resolution 228 “Code of Conduct Complaint”
in the Adelaide Hills Council minutes dated 10 December 2013 as complied with and therefore finalised
2. Removes item dated 10 December 2013 Resolution 228 from the Council Resolutions Update.
Under Regulation 18 of the Local Government (Procedures at Meetings) Regulations, Cr Herrmann formally requested that the legal advice provided to Council on this matter (resolution 228 of the Council Resolutions Update) be tabled by the CEO at the 22 April 2014 Council meeting. Further, Cr Malcolm Herrmann indicated that he is unwilling to vote on the motion until the documents are tabled. This matter is adjourned to the 22 April 2014 Council meeting. It is noted that Crs Loveday, Gale, Jones, Nelson have not spoken to the motion. 10.06pm The meeting adjourned for a short break 10.17pm The meeting resumed
47 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
17 Confidential items
17.1 AHBTC Masterplan – Exclusion of the Public Moved Cr Bill Gale S/- Cr Jan-Claire Wisdom
Carried Unanimously 60
Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public, except:
CEO, Andrew Aitken
Director Engineering & Assets, Tim Hancock
Director Strategy & Development, Marc Salver
Director Corporate Services, Tim Piper
Director Community & Customer Service, David Waters
Manager Governance & Risk, Lachlan Miller
Minute Secretary, Pam Williams be excluded from attendance at the meeting for Agenda Item 17.1: AHBTC Master Plan. The Council is satisfied that, pursuant to section 90(3)(d) of the Act, the information to be received, discussed or considered in relation to this Agenda Item is commercial information of a confidential nature (not being a trade secret) the disclosure of which could reasonably be expected to confer a commercial advantage on a third party because it would disclose Council’s potential land disposal options. In addition, the disclosure of this information would, on balance, be contrary to the public interest. The public interest in public access to the meeting has been balanced against the public interest in the continued non-disclosure of the information. The benefit to the public at large resulting from withholding the information outweighs the benefit to it of disclosure of the information. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because Council’s potential land disposal options may be prejudiced.
48 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
17.1.1 AHBTC Masterplan – Confidential Item
49 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
17.1.2 AHBTC Masterplan – Period of Confidentiality
Moved Cr John Kemp S/- Cr Malcolm Herrmann
Carried Unanimously 62
That having considered Agenda Item 17.1 in confidence under section 90(2) and 90 (3)(d) of the Local Government Act 1999, the Council, pursuant to section 91(7) of that Act, orders that the documents and reports pertaining to this matter, including discussions and considerations, be retained in confidence until 23 September 2014, pursuant to section 91(9).
17.2 Disposal of Land – Renewal SA – Exclusion of the Public
Moved Cr Bill Gale S/- Cr Linda Green
Carried Unanimously 63
Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public, except:
CEO, Andrew Aitken
Director Engineering & Assets, Tim Hancock
Director Strategy & Development, Marc Salver
Director Corporate Services, Tim Piper
Director Community & Customer Service, David Waters
Manager Governance & Risk, Lachlan Miller
Minute Secretary, Pam Williams be excluded from attendance at the meeting for Agenda Item 17.2: Disposal of Land – Renewal SA. The Council is satisfied that, pursuant to section 90(3)(d) of the Act, the information to be received, discussed or considered in relation to this Agenda Item is commercial information of a confidential nature (not being a trade secret) the disclosure of which could reasonably be expected to prejudice the commercial position of the person who supplied the information in that Renewal SA’s intention to release land on the open market will be disclosed. In addition, the disclosure of this information would, on balance, be contrary to the public interest. The public interest in public access to the meeting has been balanced against the public interest in the continued non-disclosure of the information. The benefit to the public at large resulting from withholding the information outweighs the benefit to it of disclosure of the information. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because the disclosure of this information may be detrimental to Renewal SA’s disposal land strategy.
50 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
17.2.1 Disposal of Land, Renewal SA, 73 Birch Road Stirling – Confidential Item
51 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
17.2.2 Disposal of Land, Renewal SA – Period of Confidentiality
Moved Cr John Kemp S/- Cr Malcolm Herrmann
Carried Unanimously 65
That having considered Agenda Item 17.2 in confidence under section 90(2) and 90 (3)(d) of the Local Government Act 1999, the Council, pursuant to section 91(7) of that Act, orders that the documents, reports and minutes pertaining to this matter, including discussions and considerations, be retained in confidence until the subject land is made available on the open market, but not longer than 30 September 2014, pursuant to section 91(9).
Leave of the meeting was granted for the following motion to be put.
18 Vote of Thanks – Mr Tim Hancock, Director Engineering & Assets Moved Cr Ian Bailey S/- Cr Linda Green
Carried Unanimously 66
That a vote of thanks and Council’s best wishes be extended to Tim Hancock, Director Engineering & Assets, who will be leaving Council on 28 March 2014.
19 Next Meeting
The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 22 April 2014 from 6.30pm at 63 Mt Barker Road Stirling.
20 Close Council meeting The meeting closed at 11.04pm.
52 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
Item 13.3 Proposed Road Closure Merrion Tce Stirling
53 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
54 ADELAIDE HILLS COUNCIL
MINUTES OF MEETING TUESDAY 25 MARCH 2014 63 MT BARKER ROAD STIRLING
Mayor 22 April 2014
Item 7.2 Reports of Members as Council/Committee
Representatives on External Organisations
Adelaide Hills Council Meeting 22 April 2014
Upper Torrens Land Management Group
7.2.1 Upper Torrens Land Management Group – Cr Malcolm Herrmann
As council's representative, I attended a meeting of the Upper Torrens Land Management Group on 10 April. All its projects are on target. There are working bees at the Cromer Conservation Park and Porter Scrub Conservation Park at Mount Torrens. I requested the Project Officer to contact council staff to see if information could be linked to the AHC website. Members were also advised that staff had been discussing future governance arrangements of the UTLMG with staff from both Adelaide Hills and Barossa Councils. (UTLMG is currently a section 41 committee of Barossa Council).
Page 1
ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING
Tuesday 22 April 2014 AGENDA BUSINESS ITEM
Item: 8.1.1 Originating Officer: Lachlan Miller Responsible Director: Tim Piper Subject: Question Adjourned - Code of Conduct Complaint – Cr
Andrew Stratford
1. MOTION
Moved Cr Andrew Stratford S/- Cr Ian Bailey That Council
1. Considers the matter referred to as resolution 228 “Code of Conduct Complaint” in the Adelaide Hills Council minutes dated 10 December 2013 as complied with and therefore finalised.
2. Removes item dated 10 December 2013 Resolution 228 from the Council Resolutions Update.
2. BACKGROUND
The above motion was adjourned from the 25 March 2014 Council meeting. Under Regulation 18 of the Local Government (Procedures at Meetings) Regulations, Cr Herrmann formally requested that the legal advice provided to Council on this matter (resolution 228 of the Council Resolutions Update) be tabled by the CEO at the 22 April 2014 Council meeting. Further, Cr Malcolm Herrmann indicated that he is unwilling to vote on the motion until the documents are tabled. This matter was adjourned to the 22 April 2014 Council meeting. It was noted that Crs Loveday, Gale, Jones, Nelson have not spoken to the motion.
3. OFFICERS RESPONSE
Legal advice was obtained on 18 February 2014 from Natasha Jones of KelledyJones in relation to the options for dealing with Council’s resolution 228 regarding the Code of Conduct Complaint. The advice was obtained by the Manager Governance & Risk upon request of the Chief Executive Officer. As the matter was straightforward KelledyJones were not requested to put the advice in writing and therefore the attached advice is in the form of a file note made of the telephone conversation.
4. APPENDIX
(1) File Note – Code of Conduct – 18 February 2014
Appendix 1 File Note – Code of Conduct – 18 February 2014
ADELAIDE HILLS COUNCIL MEETING Tuesday 22 April 2014
AGENDA BUSINESS ITEM
Item: 12.1 Motion on Notice Originating from: Cr John Kemp Subject: Renaming Stirling Linear Park
MOTION I move: That Council conducts community consultation to rename Stirling Linear Park as Woorabinda Bushland Reserves. The four reserves which constitute Stirling Linear Park will retain their existing names. This process will be in accordance with Council’s policies for Place and Road Naming and Public Consultation.
1. BACKGROUND
The four parks were originally collectively named by the likeminded community volunteers who with the support of the then District Council of Stirling, established the park in the mid-1990s. The name Stirling Linear Park was officially adopted by that council.
Since the formation of the Adelaide Hills Council (AHC), the name Stirling Linear Park (SLP) has been seen by many as inappropriate and illogical, largely because the reserves are not geographically situated in a linear manner. The Stirling Linear Park Advisory Group (SLPAG) has discussed a name change on a number of occasions and the various AHC staff members on that group have agreed the name is illogical. Most recently (24.03.2014) the SLPAG again reached a unanimous consensus that an appropriate collective name for the reserves is Woorabinda Bushland Reserves. Adopting that name is supported by the SLP Community Survey conducted through October and November last year. The results were presented to the SLPAG at its December 13th meeting which showed one of the key findings was; “to retain the natural bushland ambience of the park”. Clearly the community sees the park as a
collection of bushland reserves. Adopting the collective name of Woorabinda Bushland Reserves is also in accord with Council’s Place and Road Naming Policy which states under Policy Principles - The selected name for a public place, road, reserve or oval should relate to: “the topography of physical attributes of the locality or place to be named” Choosing Woorabinda as the collective name is also based on colloquial references to the park as simply, Woorabinda and not Stirling Linear Park. Another reason for adopting the collective name Woorabinda is that the four parks are not all within Stirling; they’re also within Aldgate and Heathfield.
Adelaide Hills Council meeting 22 April 2014 MON Renaming Stirling Linear Park
A further reason for considering a name change at this time, is at the recent SLPAG meeting the issue of signage at the park entrances was discussed. Russell King (Acting Manager Engineering and Assets) noted that the signs are getting past their prime and in need of updating as part of the overall review of the SLP signage. A search of the SA Government’s Geographical Names Unit (GNU) database revealed that currently none of the reserves (Stirling Park, Madurta Reserve, Woorabinda Reserve and Hender Reserve) are recorded nor Stirling Linear Park. Adopting a new collective name and registering it with the GNU is therefore highly appropriate.
Finally it’s my belief adopting the name Woorabinda Bushland Reserves more accurately reflects the tourism value of the four reserves. The name will attract more visitors to enjoy the “bushland ambience” and spend time sampling the offerings of our local cafes and businesses.
OFFICER’S RESPONSE – Russell King, A/Manager Engineering & Assets
2. GOVERNANCE
Strategic Management Plan/Council Policy
Goal 1 A Safe and Connected Community Key Issue 1.2 Community Participation Goal 2 Sustainable Natural and Built Environs Key Issue 2.5 Landscape Character and Activity Centres Goal 3 A Prosperous Economy Key Issue 3.3 Tourism Council’s Place and Road Naming Policy sets out the policy principles for the naming of public roads and public places under s219 of the Act.
The Policy requires that the selected name should relate to:
the cultural history;
the heritage of the locality or place; or.
the topography of physical attributes of the locality or place to be named. The process for investigating a change of name for a public place occurs if:
a request is received by Council from an affected landowner or their agent (in this case Stirling Linear Park Advisory Group SLPAG);
Council resolves that a name change be investigated (e.g. a road or public place name is no longer deemed appropriate);
Council staff determine it is in the public interest to investigate a change in road or public place name
Prior to changing the name of a public place Council’s Place and Road Naming Policy requires the following community engagement to be undertaken:
notification to ward councillors in relation to the proposal; and,
notification to residents/property owners within 200 metres or two adjoining properties (whichever is the greater distance) of the reserve or public place; and,
Adelaide Hills Council meeting 22 April 2014 MON Renaming Stirling Linear Park
where considered necessary by Council, notification in the local press inviting public comment on the proposal may occur. However, this will generally only be undertaken where the proposed place or road has significant public interest (in this case the proposed change would)
Legal Implications
Under Section 219 of the Local Government Act 1999 (the Act) Council has the power to change the name of a public place such as Stirling Linear Park (comprising of the following parks; Hender Reserve, Madurta Reserve, Woorabinda, and Stirling Park).
Risk Management Implications
A risk associated with renaming the Stirling Linear Park is:
Changing public road or place nomenclature leads to a loss of historical identity and/or confusion for stakeholders in navigating to the location.
Financial and Resource Implications
Engineering have nominated a “New/Upgrade” project in the capital works budget for improved and consistent signage based on the community consultation and in discussions with the SLPAG. The budget figure of $30,000 would cover new and improved signage and could include a possible name change. If the budget item was not approved and changes to the park name occurred, an estimate to change all signage to reflect the new name is $5,000. Customer Service and Community/Cultural Implications
As the proposal for “Woorabinda Bushland Reserve” contains the Aboriginal word “Woorabinda” the Aboriginal (Peramangk, Kaurna or Ramindjeri) community must be consulted.
Environmental Implications Not applicable Community Engagement/Consultation
The SLPAG reached consensus at their meeting on the 24th March 2014 to propose changing the name of all four parks to the collective name of “Woorabinda Bushland Reserve”.
During recent community surveys regarding the use of the buildings at Stirling Linear Park no consultation was undertaken regarding change of name for the parks. The consultation did include questions regarding signage with a key finding being to improve directional signage including interpretive and educational.
Item 13 Reports of Committees
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
43
Present
Presiding MemberStephen Hains
MembersDaniel BennettLinda GreenJohn KempJan LovedayAlistair McHenryDr Wendy Stubbs
In Attendance
Marc SalverDeryn AtkinsonVanessa NixonTom VictorySam ClementsKaren Savage
Director Strategy & DevelopmentManager Development ServicesTeam Leader Statutory Planning
Senior Statutory PlannerStatutory PlannerMinute Secretary
1. CommencementThe meeting commenced at 6.30pm
2. Apologies/Leave of Absence
2.1 ApologiesNil
2.2 Leave of AbsenceNil
3. Previous Minutes
3.1 Meeting held 4 March 2014
Moved Alistair McHenry Carried unanimouslyS/- Linda Green (19)
That the minutes of the meeting held on 4 March 2014 be confirmed as anaccurate record of the proceedings of that meeting.
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
44
4. Delegation of AuthorityDecisions of this Panel were determined under delegated authority as adopted byCouncil on 8 October 2013.
5. Presiding Member’s ReportNil
6. Declaration of Interest by Members of PanelNil
7. Matters Lying on the Table/Matters Deferred
7.1 Matters Lying on the TableNil
7.2 Matters Deferred
7.2.1 Development Application 12/871/473 by Fassina Investments Pty Ltd foralterations and additions to existing hotel including bottle shop, functionroom, relocation of gaming room, increase to dining area, new outdoordining area, upgrade of rear car park with access over right of way at Lot95 Greenhill Road, Uraidla, landscaping, demolition of outbuilding andwater storage tank at 1198 Greenhill Road, Uraidla
Deferred from meeting 6 August 2013
“That a decision on the matter be deferred to request the applicant to:
1. Demonstrate that approval has been obtained from the owner of the right ofway (Lot 95) to do work within the right of way to upgrade the access;
2. Consider alternate primary access through the squash court property forboth deliveries and car park access;
3. Reconsider retention and reuse of the old Blacksmith Shop; and4. Obtain specific arborist advice regarding construction of the roadway over
the critical root zone of the four (4) sequoia trees”.
7.2.2 Development Application 13/435/473 by Hills Medical Service for variationto Development Authorisation 473/1080/11 – to relocate access point tocar park at rear of premises and vary layout plan of car parking at 15Fenchurch Road, Aldgate
Deferred from meeting 4 March 2014
“That a decision on the matter be deferred to enable the applicant to:
1. Prepare a plan that demonstrates that the entry and exit to the site, and carparking, will comply with Australian Standard AS2890.1:2004.”
Staff provided the Panel with an update on the deferred items.
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
45
8. Development Assessment Applications
The Panel remained in ‘open’ session to hear the staff presentations, representationsand applicants’ responses for all the applications.
7:45pm The Panel went into ‘closed’ session in order to allow for discussion and determinationof all the applications and adjourned for a short break
7:52pm The Panel resumed in ‘closed’ session
8.1 Development Application13/753/473 by Andreas Stark for relocation of free-standing advertising display (maximum height 1.87m) at 1/398 & 2/398 MountBarker Road, Bridgewater
8.1.1 Representations
Name of Representor Address ofRepresentor
Nominated Speaker
Victor Pinder 400 Mount Barker RoadBridgewater
Personally
The applicant, Andreas Stark, addressed the Panel.
8.1.2 Decision of Panel
The following was adopted by consensus of all members (20)
That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and GRANTS DevelopmentPlan Consent to Development Application 13/753/473 by Andreas Starkfor Relocation of free-standing advertising display (maximum height1.87m) at 1/398 & 2/398 Mount Barker Road, Bridgewater 5155 subject tothe following conditions:
(1) Development in accordance with the plansThe development herein approved shall be undertaken inaccordance with the following plans and written submissionsaccompanying the application, unless varied by a separatecondition: Amended elevations received by Council 15 Jan 2014 Photos received by Council 15 Jan 2014 Location plan and photos received by Council 13 Sept 2013 Photos received by Council 13 Sept 2013
REASON: To ensure the proposed development is undertaken inaccordance with the approved plans.
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
46
(2) No IlluminationThe sign shall not be illuminated.
REASON: Advertisements shall not detrimentally affect theamenity of the locality.
(3) Signage kept in good repairThe sign shall at all times be kept in good repair and condition.
REASON: Advertisements shall not detrimentally affect theamenity of the locality.
(4) Overhanging of signageNo portion of the sign shall overhang the Council footpath/roadreserve.
REASON: Advertisements shall not create a hazard to the public.
(5) Landscaping to be PlantedUpon relocation of the approved sign, landscaping shall be plantedat the rear of the sign, to provide screening to the neighbouringproperty.
REASON: To minimise the visual impact of the development.
NOTES(1) Development Plan Consent Expiry
This Development Plan (DPC) consent is valid for a period of twelve(12) months commencing from the date the decision is given (or ifan appeal has been commenced the date on which it is determined,whichever is later). Building Rules Consent must be applied for priorto the expiry of the DPC consent, or a fresh development applicationwill be required. The twelve (12) month time period may be furtherextended by written request to, and approval by Council.Application for extension to consent may be considered subject topayment of the relevant fee.
(2) Works in close proximity to boundaryThe development herein approved involves work within closeproximity to the boundary. The onus of ensuring development is inthe approved position on the correct allotment is the responsibilityof the land owner/applicant. This may necessitate a survey beingcarried out by a licensed land surveyor prior to the workcommencing.
(3) Erosion control during constructionManagement of the property during construction shall beundertaken in such a manner as to prevent denudation, erosion orpollution of the environment.
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
47
(4) EPA environmental dutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, totake all reasonable and practical measures to ensure that theactivities on the whole site, including during construction, do notpollute the environment in a way which causes, or may cause,environmental harm.
8.2 Development Application 13/561/473 by Pauline M Hurren for two storey dwellingalterations and additions, deck (maximum height 3.1m) and 22,500 litreunderground water storage tank and demolition of outbuilding at 32 MilanTerrace, Stirling
8.2.1 Representations
Name of Representor Address ofRepresentor
Nominated Speaker
John Nitschke & LindaHarris
6 Mabel StreetStirling
Linda Harris
The landowner’s representative, Alexandra Lewis, addressed the Panel.
8.2.2 Decision of Panel
The following was adopted by consensus of all members (21)
That the Council Development Assessment Panel DEFERS considerationof Development Application 13/561/473 by Pauline M Hurren for twostorey dwelling alterations and additions, deck (maximum height 3.1m),22,500L underground water storage tank and removal of outbuilding at 32Milan Terrace, Stirling 5152 to enable the applicant to:
(1) Clarify the suitability of the proposed screen planting to minimisethe issue of overlooking of the neighbour to the south;
(2) Provide a landscaping plan that clearly identifies the trees which areproposed to be removed and those to be retained; and
(3) Consider reducing the width of the exit driveway onto Mabel Streetso that it does not require the removal of the oak tree in the roadreserve.
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
48
8.3 Development Application 13/1039/473 by Warwick O’Brien Architects for singlestorey detached dwelling with undercroft double garage and storage area,38,760 litre water storage tank, deck (maximum height 1.5m), boundary fence(maximum height 2.1m) and associated earthworks (non-complying) at 1 MarolaAvenue, Rostrevor
8.3.1 RepresentationsNil
The applicant, Warwick O’Brien, and landowner’s representative, StevenSwann, were invited to answer questions from the Panel.
8.3.2 Decision of Panel
The following recommendation was adopted by consensus of allmembers (22)
That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and seeks the CONCURRENCEof the Development Assessment Commission to GRANT DevelopmentPlan Consent to Development Application 13/1039/473 by WarwickO'Brien Architects for single storey detached dwelling with undercroftdouble garage and storage area, 38,760 litre water storage tank, deck(maximum height 1.5m), boundary fence (maximum height 2.1m) andassociated earthworks - Non-Complying at 1 Marola Avenue, RostrevorSA 5073 subject to the following conditions:
(1) Development in Accordance with the PlansThe development herein approved shall be undertaken inaccordance with the following plans, details and writtensubmissions accompanying the application, unless varied by aseparate condition: Site Plan by Warwick O’Brien Architects, Drawing Number DA01
date stamped as received by Council 13 Mar 2014 Floor Plan Level 1 by Warwick O’Brien Architects, Drawing
Number DA02 date stamped as received by Council 13 Mar 2014 Floor Plan Level 2 by Warwick O’Brien Architects, Drawing
Number DA03 date stamped as received by Council 13 Mar 2014 Roof plan by Warwick O’Brien Architects, Drawing Number DA04
date stamped as received by Council 13 Mar 2014 East and North Elevations by Warwick O’Brien Architects,
Drawing Number DA05 date stamped as received by Council 13Mar 2014
West and South Elevations by Warwick O’Brien Architects,Drawing Number DA06 date stamped as received by Council 13Mar 2014
Sections 1, 2 and 3 by Warwick O’Brien Architects, DrawingNumber DA07 date stamped as received by Council 13 Mar 2014
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
49
Sections 4, 5 and 6 by Warwick O’Brien Architects, DrawingNumber DA08 date stamped as received by Council 13 Mar 2014
REASON: To ensure the proposed development is undertaken inaccordance with the approved plans.
(2) New Vehicle Access PointsThe vehicle access point(s) and crossover(s) shall be kept free ofany obstructions that may obscure the line of sight of a driver, e.g.,vegetation, letter boxes, fences.
REASON: For safe and convenient movement of vehicles.
(3) Residential Access PointsThe vehicle access point(s) and cross-over shall be constructed at amaximum width of 6 metres with splays. Any existing crossingplaces not providing vehicle access shall be considered redundantand shall be closed off.
REASON: For safe and convenient movement of vehicles.
(4) New Vehicle Access PointsNew vehicle access point(s) and/or cross-overs shall be located aminimum of 500mm from any existing or proposed verge features(i.e., crossing places, trees, stormwater connections, lighting orstobie poles).
REASON: For safe and convenient movement of vehicles.
(5) External FinishesThe external finishes to the building herein approved shall be asfollows:WALLS: Dune/ Bushland/ Woodland Grey or similarROOF: Surfmist or similar (greys, greens or beiges would also
be appropriate)
REASON: The external materials of buildings should havesurfaces which are of a low light-reflective nature, blend with thenatural rural landscape and minimise visual intrusion.
(6) Soil Erosion ControlPrior to construction of the approved development hay bales (orother soil erosion control methods as approved by Council) shall beplaced and secured below areas of excavation and fill to prevent soilmoving off the site during periods of rainfall.
REASON: Development should prevent erosion and stormwaterpollution before, during and after construction.
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
50
(7) Residential LightingAll external lighting shall be directed away from residentialdevelopment and, shielded if necessary to prevent light spill causingnuisance to the occupiers of those residential properties.
REASON: Lighting shall not detrimentally affect the residentialamenity of the locality.
(8) Overflow from Rainwater TanksThe Applicant is to construct a minimum 100mm diameter pipeunder the footpath/access road discharging into the adjacent creek.Stormwater runoff from the site is not to impact on any adjoiningproperties in any way. All runoff is to be controlled within theallotment and directed to the front of the property for controlleddischarge into the adjacent creek.
All stormwater from proposed development to be managed anddisposed of to the satisfaction of Council’s Engineering Department.
REASON: To minimise erosion, protect the environment and toensure no ponding of stormwater resulting from developmentoccurs on adjacent sites.
(9) Vehicle Access PointThe vehicle access point shall be as per plan date stamped asreceived by Council 13 March 2014.
REASON: For safe and convenient movement of vehicles.
(10) Timeframe for Landscaping To Be PlantedLandscaping detailed in plan Site Plan DA01 shall be planted in theplanting season following development approval and maintained ingood health and condition at all times. Any such vegetation shall bereplaced if and when it dies or becomes seriously diseased in thenext planting season.
REASON: To maintain and enhance the visual amenity of thelocality in which the subject land is situated and ensure the survivaland maintenance of the vegetation.
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
51
NOTES(1) Development Plan Consent
This Development Plan Consent is valid for a period of twelve (12)months commencing from the date of the decision (or if an appealhas been commenced, the date on which the appeal is determined,whichever is later). Building Rules Consent must be applied for priorto the expiry of the Development Plan Consent, or a freshdevelopment application will be required. The twelve (12) monthperiod may be further extended by written request to, and approvalby Council. Application for an extension is subject to payment of therelevant fee.
(2) Works on BoundaryThe development herein approved involves work within closeproximity to the boundary. The onus of ensuring development is inthe approved position on the correct allotment is the responsibilityof the land owner/applicant. This may necessitate a survey beingcarried out by a licensed land surveyor prior to the workcommencing.
(3) Erosion Control During ConstructionManagement of the property during construction shall beundertaken in such a manner as to prevent denudation, erosion orpollution of the environment.
(4) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, totake all reasonable and practical measures to ensure that theactivities on the whole site, including during construction, do notpollute the environment in a way which causes, or may cause,environmental harm.
(5) Public Utility ServicesPublic utility services including light poles and conduits may bepresent in the road reserve area and it is the property owner’sresponsibility to ensure these services are not damaged as a resultof the development. It is the property owner’s responsibility tonegotiate the alteration of services in the road reserve. All serviceswithin the road reserve should be located prior to any excavation.
(6) Removal of Redundant CrossoversAny existing crossing places not providing vehicle access shall beconsidered redundant and shall be closed off.
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
52
8.4 Development Application 13/847/473 by Aldinga Shores Holdings Pty Ltd formixed land use – two storey offices & dwellings, car parking, retaining walls,removal of one significant & five regulated Eucalyptus globulus trees, fencing,water storage tanks & associated earthworks at 3 Pomona Road, Stirling
8.4.1 RepresentationsNil
The applicant’s representatives, Michael Hutchison, Access Planning, andJohn Guerrera, Intrax Consulting Engineers, were invited to answer questionsfrom the Panel.
8.4.2 Decision of Panel
Moved Alistair McHenry CarriedS/- Daniel Bennett (23)
A. That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and GRANTS DevelopmentPlan Consent to Development Application 13/847/473 by Aldinga ShoresHoldings Pty Ltd for Mixed land use - two storey offices & dwellings,carparking, retaining walls, removal of one significant & five regulatedEucalyptus globulus trees, fencing, water storage tanks & associatedearthworks at 3 Pomona Road, Stirling 5152 subject to the followingconditions:
(1) Development in Accordance with the PlansThe development herein approved shall be undertaken inaccordance with the following plans, details and writtensubmissions accompanying the application, unless varied by aseparate condition: Planning Report prepared by Access Planning dated 10 January
2014 Amended plans Sheets 1 of 20 to 19 of 20 prepared by Martin
Goostrey & Associates Pty Ltd issued 8/1/2014 Amended plan Sheet 20 of 20 prepared by Martin Goostrey &
Associates Pty Ltd issued 25/3/2014 Response to Representations prepared by Access Planning
dated 7 March 2014 Site Screening Plan Sheet 1 of 1prepared by Martin Goostrey &
Associates Pty Ltd issued 04/3/2014 Front Garden Amendment Plan Sheet 1 of 1 prepared by Martin
Goostrey & Associates Pty Ltd issued 03/3/2014 Amended Turning Template Sheet 1 of 1 dated 20/1/2014 Environmental Management Plan prepared by Intrax Engineering
dated received by Adelaide Hills Council 21 January 2014
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
53
Site Layout Plans drawing C1-surface levels and drawing C2 -stormwater pipes and Soil Erosion Drainage Management Plandrawing C3, all prepared by Intrax Engineering and received 17March 2014
Letter from Access Planning dated 10 October 2013 withattachments: Plan of Division Land Management Agreement Agreement from Adelaide Hills Council 13 August 2013 to
vary the required retention of trees on Lot 3 and thelandscaping plan
Survey plan Tree Assessment Report prepared by Dean Nicolle dated 25
June 2013 Email from Access Planning dated 25 March 2014 confirming
heights of balcony screens for dwelling 1 and 2
REASON: To ensure the proposed development is undertaken inaccordance with the approved plans.
(2) External FinishesThe external finishes to the building herein approved shall be inaccordance with the schedule of finishes sheet 20 of 20 received bythe Council on 25 March 2014.
REASON: The external materials of buildings should havesurfaces which are of a low light-reflective nature and blend with thenatural rural landscape and minimise visual intrusion.
(3) Commercial LightingFlood lighting shall be restricted to that necessary for securitypurposes only and shall be directed and shielded in such a manneras to not cause nuisance to adjacent properties.
REASON: Lighting shall not detrimentally affect the amenity ofthe locality.
(4) Balcony ScreensThe balconies of dwellings 1 and 2 shall be fitted with fixedscreening as shown on the Site Screening Plan Sheet 1 of 1prepared by Martin Goostrey & Associates Pty Ltd, to a height of2.205m above the balcony floor level, in accordance with the emailadvice from Access Planning dated 25 March 2014.
REASON: Buildings should be designed to not cause potentialfor overlooking of adjoining properties.
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
54
(5) Stormwater ManagementScour protection to channel bed at pipe outflow locations shall beprovided to the satisfaction of Council.
REASON: To minimise erosion and protect the environment.
(6) Prior to Building Rules Consent Being Granted – Council StormwaterPipe and diversion junction box designPrior to Building Rules Consent being granted, final detailed designdrawings for the junction box (including longitudinal sections) forthe diversion of the Council stormwater pipe from Avenue Road thatdischarges onto the Land, shall be submitted to, and approved byCouncil.
REASON: To ensure the development does not disrupt theCouncil stormwater infrastructure system in the locality.
(7) Prior to Building Rules Consent Being Granted – further stormwatercalculations and the final detailed design drawingsPrior to Building Rules Consent being granted further stormwatercalculations and the final detailed design drawings for the openchannel system for both the driveway and the existing open drainshall be submitted to, and approved by Council.
REASON: To prevent increased flood risk of new developmentand downstream properties.
(8) Prior to Building Rules Consent Being Granted - Requirement forSoil Erosion And Drainage Management Plan (SEDMP)Prior to Building Rules Consent being granted the applicant shallprepare and submit to Council an amended Soil Erosion andDrainage Management Plan (SEDMP) for the site for Council’sapproval. The SEDMP shall comprise: a major drainage plan, a site plan, supporting report, calculations, design sketches with details of erosion control methods that will
prevent:a. soil moving off the site during periods of rainfall and detail
installation of sediment collection devices to prevent the exportand sediment from the site; and
b. erosion and deposition of soil moving into the remaining nativevegetation below the house site; and
c. soil moving into watercourses during periods of rainfall; andd. soil transfer onto roadways by vehicles and machinery
REASON: Development should prevent erosion and stormwaterpollution before, during and after construction.
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
55
(9) Car parking Designed In Accordance With Australian Standard AS2890.1:2004.All car parking spaces, driveways and manoeuvring areas shall bedesigned, constructed, drained and line-marked in accordance withAustralian Standard AS 2890.1:2004. Line marking and directionalarrows shall be clearly visible and maintained in good condition atall times. Driveways, vehicle manoeuvring and parking areas shall beconstructed of bitumen or brick paved prior to occupation andmaintained in good condition at all times to the reasonablesatisfaction of the Council
REASON: To provide adequate, safe and efficient off-streetparking for users of the development.
(10) Landscaping Protection In Car parksAll landscaped areas and structures adjacent to driveways andparking areas shall be separated by a wheel stop device prior to theoccupation of the development. Such devices shall not impede thefree movement of people with disabilities.
REASON: To protect the landscaping and adjacent structuresfrom vehicular damage.
(11) Timeframe for Landscaping to be PlantedLandscaping detailed in the landscaping plan Sheet 19 of 20 shall beplanted prior to occupation of the buildings and maintained in goodhealth and condition at all times. Any such vegetation shall bereplaced if and when it dies or becomes seriously diseased in thenext planting season.
REASON: To maintain and enhance the visual amenity of thelocality in which the subject land is situated and ensure the survivaland maintenance of the vegetation.
(12) Prior to Development Approval Being Granted – LMA VariationPrior to Development Approval Being Granted the deed of variationto the LMA shall be prepared, executed and registered over the land.
REASON: To ensure the approval is in accordance with thelandscaping plan.
(13) RESERVED MATTERThe Council Development Assessment Panel requires the followingmatter which is reserved pursuant to Section 33(3) of theDevelopment Act 1993 to be addressed to the reasonablesatisfaction of Council staff:
A new Landscaping Plan with plant species and plant numbers beprepared by a Landscape Architect for approval by Council staff.
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
56
NOTE: Council reserves the right to attach further conditions inrelation to this.
REASON: To maintain and enhance the visual amenity of thelocality in which the subject land is situated and ensure replantingof selected species takes place where the removal of trees isapproved.
NOTES(1) Development Plan Consent Expiry
This Development Plan consent (DPC) is valid for a period of twelve(12) months commencing from the date of the decision (or if anappeal has been commenced the date on which it is determined,whichever is later). Building Rules Consent must be applied for priorto the expiry of the DPC, or a fresh development application will berequired. The twelve (12) month time period may be further extendedby Council agreement following written request and payment of therelevant fee.
(2) Works on BoundaryThe development herein approved involves work within closeproximity to the boundary. The onus of ensuring development is inthe approved position on the correct allotment is the responsibilityof the land owner/applicant. This may necessitate a survey beingcarried out by a licensed land surveyor prior to the workcommencing.
(3) Erosion Control during ConstructionManagement of the property during construction shall beundertaken in such a manner as to prevent denudation, erosion orpollution of the environment.
(4) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, totake all reasonable and practical measures to ensure that theactivities on the whole site, including during construction, do notpollute the environment in a way which causes, or may cause,environmental harm.
(5) Requirement For Separate Application To Construct AccessWhilst the location of any alterations to Pomona Road (includingfootpaths) has been authorised in this development consent, it doesnot approve any alteration to the road under section 221 of the LocalGovernment Act 1999. An “Application to Construct Access to aPrivate Property” is required to be lodged (including payment of alodgement fee) and approved by the Council prior to the undertakingof any works. Council’s crossing place and reinstatementrequirements are contained within the application form.
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
57
(6) Signage Requires Separate Development ApplicationA separate development application is required for any signs oradvertisements (including flags and bunting) associated with thedevelopment herein approved.
(7) Duty In Relation to NRM ActThe applicant is reminded of their duty to act reasonably in relationto the management of natural resources within the State, inaccordance with Section 9 of the Natural Resources ManagementAct 2004.
B. That the CDAP agree to a deed of variation being lodged in thefollowing terms: remove five (5) of the planted trees along the western boundary (3 x
zelkova serrata and 2 x quercus palustris) remove five (5) of the planted trees along the eastern boundary (1 x
Eucalyptus viminalis, 3 x pyrus calleryana chanticleer and 1 xcallitris rhomboidea)
remove 11 trees along the Pomona Road frontage (trees 1 to 5, 7and 8 all Eucalyptus globulus, and four other trees).
replacement of the existing landscaping plan with the MartinGoostrey & Associates Pty Ltd plan issue date 8/1/2014 – MGreceived by the Council on 23 January 2014.
8.5 Development Application 13/555/473 by Felice D’Antonio for change of use fromfarm to tourist accommodation (bed & breakfast – 6 persons) and associatedsignage (non-complying) at 267 Adelaide Gully Road, Kersbrook
8.5.1 RepresentationsNil
The applicant, Felice D’Antonio, was invited to answer questions from thePanel.
8.5.2 Decision of Panel
Moved Wendy Stubbs CarriedS/- John Kemp (24)
That the Council Development Assessment Panel considers that theproposal is at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and REFUSES Development Application13/555/473 by Felice D'Antonio for Change of use from outbuilding totourist accommodation (bed and breakfast - 6 persons) and associatedsignage (non-complying) at 267 Adelaide Gully Road, Kersbrook 5231 forthe following reason:
COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 1 APRIL 2014
63 MT BARKER ROAD, STIRLING
Presiding Member 6 May 2014
58
The development is contrary to Council-Wide PDCs 295, 298 & 357 inrelation to increased risk to the water catchment from intensification ofurban development.
9:00pm The Panel resumed ‘open’ session
9. Policy Issues for Advice to Council
9.1 Moved Jan Loveday Carried UnanimouslyS/- Linda Green (25)
That the Panel suggest staff take steps to develop a strategy of how theobjectives of the District Centre Zone (Stirling) will be achieved for thedevelopment of the allotments north of Pomona Road.
9.2 Moved John Kemp Carried UnanimouslyS/- Alistair McHenry (26)
That the Panel suggest staff reviews the provision in the Development Plan forthe Residential 1 Zone (Rostrevor area) as part of the Townships & Urban AreasDPA in relation to maximum heights, i.e., not just what is suitable for the gableends but other aspects of a building as well.
10. Other Business
10.1 Review of Self-Assessment Summary Report of CDAP Meetings
Moved Wendy Stubbs Carried unanimouslyS/- Linda Green (27)
That receipt and discussion of the findings of the Self-Assessment SummaryReport of CDAP meetings be noted.
11. Next MeetingThe next ordinary Development Assessment Panel meeting will be held on Tuesday 6May 2014.
12. Close meetingThe meeting closed at 9.30pm.
16 ADELAIDE HILLS COUNCIL
MINUTES OF STRATEGIC PLANNING & DEVELOPMENT POLICY COMMITTEE MEETING TUESDAY 8 APRIL 2014
36 NAIRNE ROAD WOODSIDE
Mayor 13 May 2014
In Attendance: Presiding Member: Mayor Bill Spragg
Members:
Councillor Ward
Councillor Ron Nelson Councillor Jan-Claire Wisdom
Manoah
Councillor Ian Bailey Councillor Jan Loveday
Marble Hill
Councillor Kate Hosking Councillor John Kemp
Mt Lofty
Councillor Bill Gale Councillor Lynton Vonow Councillor Andrew Stratford
Onkaparinga Valley
Councillor Linda Green Councillor Malcolm Herrmann
Torrens Valley
In Attendance:
Andrew Aitken Chief Executive Officer
Tim Piper Director Corporate Services
Marc Salver Director Strategy & Development
David Waters Director Community & Customer Service
Chris Button Manager, Organisational Projects
Lachlan Miller Manager Governance & Risk
Leanne Llewellyn Minute Secretary
1. COMMENCEMENT
The meeting commenced at 6.31pm
2. APOLOGIES/LEAVE OF ABSENCE
Nil
2.1. Leave of Absence Nil
2.2. Absent Cr Simon Jones
17 ADELAIDE HILLS COUNCIL
MINUTES OF STRATEGIC PLANNING & DEVELOPMENT POLICY COMMITTEE MEETING TUESDAY 8 APRIL 2014
36 NAIRNE ROAD WOODSIDE
Mayor 13 May 2014
3. MINUTES OF PREVIOUS MEETINGS
3.1. Strategic Planning & Development Policy Committee – 11 March 2014
Moved Cr Malcolm Hermann S/- Cr Lynton Vonow
Carried Unanimously 14
That the minutes of the Strategic Planning & Development Policy Committee meeting held on Tuesday, 11 March 2014 as supplied, be confirmed as an accurate record of the proceedings of that meeting.
4. DECLARATION OF INTEREST BY MEMBERS OF THE COMMITTEE
Nil
5. PRESIDING MEMBER’S OPENING REMARKS
Friday 28th March
Met with Deputy CEO of PIRSA to explore department’s concerns with the World Heritage Listing bid.
Briefly attended the launch of the latest edition of the Hills Magazine in Centennial Hall at Lobethal.
Attended Torrens Valley Country Education Fund grant presentation ceremony in Gumeracha Hall at Gumeracha.
Saturday 29th March
Attended the Channel 9 Young Achievers Awards. Elizabeth Sobecki of Lobethal and Alex Edmundson of Bridgewater were both finalists in the Worldwide Online Printing Sports Award.
Monday 31st March
Met with Professor Chris Daniels, Chair of the NRM, Adelaide and Mt Lofty Ranges and Hannah Ellyard to promote the World Heritage Listing bid.
Tuesday 1st April
Met with a Basket Range resident about a number of issues.
Wednesday 2nd April
Introduced Professor Amareswar Galla at the Hawke Centre prior to his talk on Benefits without Borders (exemplars of World Heritage Listing).
Thursday 3rd April
Participated in the Southern and Hills Local Government Association planning day at Goolwa.
18 ADELAIDE HILLS COUNCIL
MINUTES OF STRATEGIC PLANNING & DEVELOPMENT POLICY COMMITTEE MEETING TUESDAY 8 APRIL 2014
36 NAIRNE ROAD WOODSIDE
Mayor 13 May 2014
Friday 4th April
Attended the Southern and Hills Local Government Association Board meeting at Goolwa.
Saturday 5th April
Attend the 10th Anniversary of the opening of the Adelaide Hills Natural Resource Centre at Norton Summit.
Monday 7th April
Chaired the meeting of the Metropolitan Local Government Group executive committee at Local Government House in Adelaide.
6. REPORTS
6.1. Councillor Reports
Cr Lynton Vonow – Antarctica Evening at Stirling Library. Cr Ian Bailey – Gumerocka Cr John Kemp – Launch of the Sculpture Symposium. The Rotary Club 2014 Photographic Exhibition previously on display at the Aldgate Café is now on display in Council’s Library. Cr Linda Green – Primary Production DPA meeting, Mt Torrens Coach House Open day (together with Cr Jan-Claire Wisdom, Cr Malcolm Herrmann and Cr Jan Loveday), and the Torrens Valley Country Education Fund Grant Presentation Ceremony. Cr Andrew Stratford – Opening of the Sculpture Symposium and a meeting of the Forest Range and Lenswood History Group.
6.44pm Cr Hosking attended the meeting.
6.2. Reports of Members as Council/Committee Representatives on External Organisations Nil
6.3. CEO Report
Nil
7. QUESTIONS ADJOURNED/LYING ON THE TABLE
7.1. Questions Adjourned Nil
7.2. Questions Lying on the Table
Nil
19 ADELAIDE HILLS COUNCIL
MINUTES OF STRATEGIC PLANNING & DEVELOPMENT POLICY COMMITTEE MEETING TUESDAY 8 APRIL 2014
36 NAIRNE ROAD WOODSIDE
Mayor 13 May 2014
8. PETITIONS / DEPUTATIONS / PUBLIC FORUM
8.1. Petitions
Nil
8.2. Deputations
Nil
8.3. Public Forum Michael Kalleske – Tally Ho Lodge, Boundary realignments for Millbrook/Inglewood.
9. PRESENTATIONS (by exception)
Nil
10. QUESTIONS ON NOTICE
Nil
11. MOTIONS ON NOTICE
11.1. Funding for the Completion of the Amy Gillett Bikeway – Cr Malcolm Herrmann
Moved Cr Malcolm Herrmann S/- Cr Kate Hosking
Carried Unanimously 15
That the CEO writes to the Minister for Transport & Infrastructure to ascertain the future schedule and funding for the completion of the Amy Gillett Bikeway from Mount Torrens to Mount Pleasant and reports back to Council/SPDPC with the Minister's response.
12. OFFICER REPORTS
Leave of the meeting was granted for Item 12.6 Boundary Changes to the Localities of Millbrook, Cudlee Creek, Paracombe and Inglewood to be discussed at this point in the meeting.
12.6 Boundary Changes to the Localities of Millbrook, Cudlee Creek, Paracombe and Inglewood
Moved Cr Malcolm Herrmann S/- Cr Linda Green
Carried Unanimously 16
That Council supports the requested locality boundary changes as detailed in this report and formally requests the Geographic Names Unit to request the Surveyor General to alter the suburb boundaries of Millbrook, Paracombe, Cudlee Creek and Inglewood as detailed in Appendices 2 and 3.
20 ADELAIDE HILLS COUNCIL
MINUTES OF STRATEGIC PLANNING & DEVELOPMENT POLICY COMMITTEE MEETING TUESDAY 8 APRIL 2014
36 NAIRNE ROAD WOODSIDE
Mayor 13 May 2014
12.1. Internal Review of Council Decisions Policy
Moved Cr John Kemp S/- Cr Lynton Vonow
Carried Unanimously 17
That the Strategic Planning & Development Policy Committee resolves: 1. That the report be received and noted.
2. To revoke the 8 November 2011 Internal Review of Council Decisions Policy and to adopt the draft April 2014 Internal Review of Council Decisions Policy with an effective date of 14 April 2014 and with amendments to Item 7.4.2 Letter of Acknowledgement within 3 working days and Item 8.1.2 add that the Mayor will report the determination to the next Council/SPDPC meeting.
12.2. Fraud and Corruption Prevention Policy
Moved Cr Kate Hosking S/- Cr Linda Green
Carried Unanimously 18
That the Strategic Planning & Development Policy Committee resolves: 1. That the report be received and noted.
2. To revoke the 6 April 2010 Fraud and Corruption Prevention Policy and
to adopt the draft April 2014 Fraud and Corruption Prevention Policy with an effective date of 14 April 2014.
12.3. Policy Review Schedule
Moved Cr Jan Loveday S/- Cr Kate Hosking
Carried 19
That the Strategic Planning & Development Policy Committee resolves: 1. That the report be received and noted.
2. To adopt the proposed policy classification system.
3. To approve the Administration to make minor administrative changes to policies to facilitate consistency and currency of legislative and nomenclature arrangements.
7.30pm Cr Hosking left the meeting room 7.32pm Cr Hosking returned to the meeting room
21 ADELAIDE HILLS COUNCIL
MINUTES OF STRATEGIC PLANNING & DEVELOPMENT POLICY COMMITTEE MEETING TUESDAY 8 APRIL 2014
36 NAIRNE ROAD WOODSIDE
Mayor 13 May 2014
7.35pm Cr Jan-Claire Wisdom attended the meeting
12.4. Strategic Planning and Development Policy Committee – Terms of Reference and Delegations Review
Moved Cr Hosking S/- Cr Loveday
That the Strategic Planning & Development Policy Committee resolves: 1. That the report be received and noted.
2. To recommend to Council to revoke the 9 April 2013 Strategic Planning and Development Policy Committee Terms of Reference and to adopt the draft April 2014 Strategic Planning and Development Policy Committee – Terms of Reference.
AMENDMENT Moved Cr Linda Green S/- Cr Ian Bailey
Carried 20
That the Strategic Planning & Development Policy Committee resolves: 1. That the report be received and noted.
2. To recommend to Council to revoke the 9 April 2013 Strategic Planning and Development Policy Committee Terms of Reference and to adopt the draft April 2014 Strategic Planning and Development Policy Committee – Terms of Reference with the following changes:
3.1 The Committee shall consist of all elected members.
3.2 The Council will appoint the Presiding Member.
The amendment was put and CARRIED
The amendment became the Motion. The Motion was put and CARRIED
22 ADELAIDE HILLS COUNCIL
MINUTES OF STRATEGIC PLANNING & DEVELOPMENT POLICY COMMITTEE MEETING TUESDAY 8 APRIL 2014
36 NAIRNE ROAD WOODSIDE
Mayor 13 May 2014
12.5. Revised Community & Primary Production Grant Policy
Moved Cr Jan Loveday S/- Cr Linda Green
Carried Unanimously 21
That the Strategic Planning & Development Policy Committee resolves: 1. That the report be received and noted. 2. To revoke the 16 March 2010 Community Grants Policy and to adopt the
draft April 2014 Community and Primary Production Grant Policy with an effective date of 14 April 2014.
12.6. Boundary Changes to the Localities of Millbrook, Cudlee Creek, Paracombe and Inglewood
This item was discussed earlier in the meeting.
13. QUESTIONS WITHOUT NOTICE
Cr Andrew Stratford – Oakbank Race Meeting, repair to crossover Cr Ian Bailey – eligibility for grants programs Cr Linda Green – Update on Development Plan Amendments
14. MOTIONS WITHOUT NOTICE
Nil
15. CONFIDENTIAL ITEMS Nil
16. NEXT MEETING The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 13 May 2014 from 6.30pm at 36 Nairne Road, Woodside.
17. CLOSE MEETING
The meeting closed at 8.16pm.
Page 1
ADELAIDE HILLS COUNCIL MEETING Tuesday 22 April 2014
AGENDA BUSINESS ITEM
Item: 14.1 Originating Officer: Helen Smith, Community Planning & Engagement
Coordinator Responsible Director: Marc Salver, Director Strategy & Development Subject: Consultation to determine the future use of the former
Mount Torrens CFS shed, 17 Townsend Street, Mount Torrens
SUMMARY
At its meeting on 12 November, 2013 it was resolved in part that:
Council consults with the community about the future use of the Mount Torrens Coach house/former CFS site, with a report back to Council by 8 April 2014.
This report presents the findings of community consultation undertaken 30 March, 2014, to determine the future use of the former Mount Torrens CFS site.
RECOMMENDATION That Council resolves to: 1. Note the findings of the community consultation undertaken at the open day 30
March, 2014.
2. Retain ownership of the land. 3. Investigate the costs:
of retaining and upgrading the CFS Shed with associated landscaping and public toilet provision
of removing the CFS Shed with associated landscaping and public toilet provision
of upgrading the existing Coach house
4. Report back to Council by June 2014 on the outcome of the costings investigations.
5. Continue to work with the Mount Torrens District and Community Association Inc.(MTDCA) in investigating the costing options.
6. Notes the MTDCA preferred site for the AHISS sculpture is the former CFS site.
Adelaide Hills Council Meeting 22 April 20124 Mount Torrens CFS Shed
Page 2
1. GOVERNANCE
Strategic Management Plan/Council Policy Goal 1: A Safe and Connected Community Key Issue: 1.1 Community Planning 1.2: Community Participation Legal Implications Council has leased 17 Townsend Street (main street of Mount Torrens) to the Minister for Emergency Services until 31 July 2024. The site was occupied by the CFS until their recent relocation to new premises off Springhead Road. The lease arrnagements provide for the demolition of the building at the CFS’s cost if it is no longer required. The CFS are prepared to demolish the building but are not prepared to make a financial contribution in lieu of demolition. Risk Management Implications The risks associated with the CFS site include: Council not determining a position in relation to the future of this site. Financial and Resource Implications
The options associated (renovate, demolish, construction of new facilties) with the future use of the CFS site will have differing cost impacts. A high level preliminary estimate to refurbish the CFS Shed is between $150,000 and $175,000. This report recommends further costings associated with removal and refurbishment of the Coach house be investigated. Customer Service and Community/Cultural Implications
The Mount Torrens community has a desire to have a sufficient supply of fit-for-purpose community facilties. The CFS Shed site has been identified by the MTDCA as the preferred location for the installation of a sculpture, created as part of the Adelaide Hills International Sculpture Symposium (AISS). Environmental Implications
Any improvement to the CFS/Coach house site has the potential to improve the amenities of the area in the main street with additional environmental features.
Adelaide Hills Council Meeting 22 April 20124 Mount Torrens CFS Shed
Page 3
Community Engagement/Consultation
Council resolved at its meeting of 12 November, 2013:
That Council:
1. consults with the community about future use of the Mount Torrens
Coach house/former CFS site, with a report back to Council by 8 April 2014.
2. works with the Mount Torrens District and Community Association and Sculpture Symposium Committee to identify a place to install a sculpture in Mount Torrens.
A community Open Day was held on 30 March, 2014, on site. The Open Day was conducted by the Mount Torrens District and Community Association (MTDCA) in partnership with Adelaide Hills Council. The Open Day was attended by approximately 40 people as well as Council Members and staff.
The purpose of the Open Day was to provide an opportunity for members of the community to participate in an informal two hour consultation session on the future of the CFS Shed and CFS/ Coach house site. The session invited people to provide feedback on the future of the CFS Shed in terms of retaining, renovating or removing it as well as providing comments on its likely use. There was also opportunity for people to respond to preliminary draft plans depicting landscaping of the area surrounding the Shed. (Two options were presented, one showing the Shed and the other without the Shed.) The plans also depicted a location for the proposed sculpture which will be located in the area surrounding the Shed and Coach house as part of the AHISS.
The consultation also gathered feedback on the proposed Heritage Loop – linking the Amy Gillett bike path with the town of Mt Torrens. At the Open Day people were invited to complete a questionnaire and /or provide a written comment on a ‘graffiti wall’ – butchers paper. The information gathered at the open day assisted in framing the recommendations contained in this report. Key findings Information on the questionnaire results are at Appendix 1 and of the 36 residents who completed the questionnaire, 12 supported the removal of the CFS Shed and the redevelopment of the area. 20 supported the renovation of the CFS Shed, with 2 respondents indicating that the building should be retained in its current state. 1 respondent was undecided. Comments recorded in the ‘graffiti wall’ also supported retention of the CFS Shed.
Adelaide Hills Council Meeting 22 April 20124 Mount Torrens CFS Shed
Page 4
Questionnaire response to CFS Shed
Support for the renovation of the CFS Shed included renovating it in a similar style to the Coach house, with a stone front façade, to provide a meeting area with a pergola and public toilet. If the building was retained, respondents indicated it could be used for storage, become a history/ library centre, a meeting place (for Men) and a venue for art exhibitions/crafts and events and functions. Public toilets were also highly desirable.
2. BACKGROUND
The CFS Shed and Coach house The CFS Shed in located in the main street of Mount Torrens on land adjacent to the Coach house which was built in 1864. The Coach house was renovated in 1999 at a cost to Council of around $50,000. Since its formation, the MTDCA has looked after the Coach house, using it for meetings and investing significant time erecting hanging space for artwork, displaying artwork and artefacts as well as encouraging other community organisations to hold events there. It was understood at the time of the upgrade of the Coach house, that MTDCA would look after the Coach house. The Coach house is currently used for meetings by the MTDCA on a montly basis. It is also used for exhibitions, town gatherings and lectures. The building is in need of air conditioning and currently experiences dampness which is not conducive to storing and exhibiting historical artefacts. It also does not have toilets. MTDCA The MTDCA is a very active organisation working with Council to:
Develop a Walking Trail linking the Amy Gillett Bikeway to the centre of Mount
Torrens, and to Mount Torrens Park where toilet facilities are available.
Lobbying for re-opening of the Gold Battery as a tourist attraction.
Facelifting of the Telstra building
Repointing Mount Torrens Hotel masonry fence.
Been a significant voice behind raising $30,000 for the sculpture project.
Adelaide Hills Council Meeting 22 April 20124 Mount Torrens CFS Shed
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Having raised the funds for a sculpture for Mount Torrens, the MTDCA considered a location for the sculpture, as part of the Adelaide Hills International Sculpture Symposium (AHISS). Following a community survey undertaken in 2013 which supported a sculpture being located in the town, it was identified that one of the only public owned property in the main street, is the Coach house/former CFS site. This is the preferred location for the sculpture. The MTDA. proposed that Council reclassify the status of the above land so that it can be used for community purposes, noting that it is the only piece of Council owned land in Townsend Street.
Reclassification of the Community Land status of 17 Townsend Street, Mount Torrens At its meeting on 10 September 2013, Council resolved to:
1. commence the process to amend the classification of 17 Townsend Street,
Mount Torrens from Category 6 CFS to Category 3 Community Use, pursuant to Section 198 of the Local Government Act and
2. provide a progress report to Council or SPDPC by 31 December 2013. Following the public consultation period and no objections (or other submissions) were received, the process of amending the classification of 17 Townsend Street, Mount Torrens from Category 6 CFS to Category 3 Community Use was undertaken which included:
Publishing a public notice advising that no objections were received as part of the public consultation process,
Proceeding with re-classification of 17 Townsend Street, Mount Torrens from Category 6 CFS to Category 3 Community Use, pursuant to Section 198 of the Local Government Act, and
Amending the community land register accordingly.
3. ANALYSIS
The main issue to be addressed is the future of the CFS Shed given that the CFS has vacated the land. Following the recent community engagement it is recommended that further investigations be made into costs associated with retaining and refurbishing the CFS Shed, removing the CFS Shed, and refurbishing the Coach house.
Adelaide Hills Council Meeting 22 April 20124 Mount Torrens CFS Shed
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4. OPTIONS
Determine a course of action in relation to the CFS Shed. These options include:
1) Retain and renovate the CFS Shed: If the Shed is retained then the functionality of the Shed will need to be determined and the cost implications for renovating fit for community use..
2) Remove the CFS Shed
a) Remove the CFS Shed: The CFS has vacated the site and are required to demolish the Shed unless it is Council’s desire to retain the building. The site has been reclassified and is now community land. The licence held between Council and the Minister for Emergency Services requires the CFS to demolish the building if it is not longer required. The CFS are prepared to demolish the building but are not prepared to make a financial contribution in lieu of demolition.
b) Remove the CFS Shed and allocate funds towards improving the Coach House: The CFS Shed could be demolished and funds to renovate the Coach house allocated to upgrade facilities such as air conditioning and toilets.
With each of the above options, the landscaping and provision of public toilets would also be included.
5. APPENDIX
(1) Summary of Open Day
Appendix 1 Summary of Open Day
MOUNT TORRENS CFS SHED SITE - COMMUNITY OPEN DAY
Sunday 30 March 2014 Questionnaire summary and qualitative comments
The following summary represents comments received at the Open Day either in response to a questionnaire or comments written on a ‘graffiti wall”. The Open Day was conducted by the Mt Torrens Community & District Association Inc. in partnership with Adelaide Hills Council. The Day was attended by approximately 40 people as well as Council Elected Members and staff. Questionnaire summary
The questionnaire was completed by 36 residents. Questionnaire questions were based around the following:
Options for the future of the CFS building
If the existing building is retained, how could it be used
What changes do they wish to see on the site
Suggestions for the theme of the Sculpture
Heritage loop around the town
Of the 36 residents who completed the questionnaire, 12 supported the removal of the CFS Shed and the redevelopment of the area. 20 supported the renovation of the CFS Shed, with 2 respondents indicating that the building should be retained. 1 respondent was undecided.
Questionnaire response to CFS Shed
Comments relating to removal of the CFS Shed and redeveloping the area included, the
building is unsightly, not historical, not in character with the town, it is costly to maintain, and that the Soldiers Memorial Hall is currently under- utilised. A more aesthetic use of the space is desirable and “could be achieved by pulling the old shed down”. (Quote from Open
Day attendee) Some respondents felt that if the building was removed it would never be replaced. Support for the renovation of the CFS Shed included renovating it in a similar style to the
Coach house, with a stone front façade, to provide a meeting area with a pergola and public toilet. If the building was retained, respondents indicated it could be used for storage, become a
history/ library centre, a meeting place (for Men) and a venue for art exhibitions/crafts and events and functions. Public toilets were also highly desirable.
“A new coat of paint would be desirable and make the Shed look better…build a covered area featuring large rum gum posts-beams & exposed bolts & rods. Build this in front so that people can come and sit. Retain the roller door and open when space is needed for events. Paint inside. Paint or render with stone or red brick outside. Keep toilets and have them accessible at all times. (Quote from Open Day attendees)
Ideas for the landscaping the area included a picnic area, gardens, community garden, mini –market, fruit/veg swap, a grassed playing area with minimal car parking. Some general comments in relation to the outdoor area included the erection of a fence between the building and neighbouring properties. There was strong support for public toilets either within the CFS Shed or in the outdoor area. Other comments included opening the space up and making it more accessible through improved landscaping and interpretive signage as well as an undercover area for cyclists and even a “pop up cafe”. Another comment from an attendee was “we do not want to duplicate areas in a small town e.g. the oval has a playground and toilets.” Locating the sculpture on the site was strongly supported. Comments relating to ideas or themes for the sculpture included strong support for celebrating the town’s heritage i.e.
Cornish history, bullock team, milling, farming, and mining, early industry/stock route or an Indigenous element. The sculpture should be tall and could reflect a water theme such as a stream or the Angus River. A sculpture reflecting an abstract theme was not generally supported. Comments relating to the Heritage loop around the town included it is a great idea, “lots of people will walk around town and it will be well used. (Quote from Open Day attendee). The
loop will provide a link to the Amy Gillett bike path and encourage people to stay in Mt Torrens and look around.
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ADELAIDE HILLS COUNCIL MEETING Tuesday 22 April 2014
AGENDA BUSINESS ITEM
Item: 14.2 Originating Officer: Peter Matushik, Property Officer Responsible Director: Tim Piper, Director Corporate Services Subject: Transfer of Land to Public Road – Epiphany Place,
Crafers
SUMMARY
During the South East Freeway fencing program, a survey found that the boundaries needed adjusting due to the difficult terrain. This report seeks Council approval to adjust those boundaries.
RECOMMENDATION
That Council: 1. Approves the execution of the Certificate of Consent for the Deposit of a Plan of
Division that vests Allotment 52 Epiphany Place in the name of the Adelaide Hills Council.
2. Authorises the Mayor and Chief Executive Officer to sign and seal all necessary documentation.
1. GOVERNANCE
Strategic Management Plan/Council Policy Goal 2 Sustainable Natural and Built Environs Key Issue 2.4 Facilities and Built Form Legal Implications
Section 27AA Highways Act Road Closings and Transfer of Land to Public Road Risk Management Implications
Resolution of this matter will avert the future risk of disputes about property boundaries and encroachments. Financial and Resource Implications
There are no financial implications for Council as the road reservce is maintained by DPTI. Customer Service and Community/Cultural Implications
Not applicable.
Adelaide Hills Council Meeting 22 April 2014 Transfer of Land to Public Road – Epiphany Place Crafers
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Environmental Implications
Appropriate maintenace of the road reserve will reduce the build-up of flammable material and weeds. Community Engagement/Consultation
The Minister for Transport and Infrastructure required confirmation that the Council had been consulted prior to closing the portions of road.
2. BACKGROUND
As part of the Department of Planning, Transport and Infrastructure (DPTI) South East Freeway fencing program, fencing along Epiphany Place at Crafers has been replaced with a new chain wire fence adjacent to the Church of the Epiphany. Due to the steep rocky terrain at this location it has never been possible for DPTI to site the fence on the correct boundary alignment; as a result fencing has mostly been set within church property. A survey has determined that two small portions of the land being utilised by the church are situated within road reserve (red hatched in Appendix 1), while a portion of the church land has been used for road alignment (yellow hatched). To rectify this land tenure anomaly a plan of division D88002 was prepared to enable a portion of the church land (red hatched Allotment 52) to be transferred to the Crown for road purposes. The allotment is to now be vested in Council’s name. DPTI also reached agreement with the Church of the Epiphany to adopt the fence line as the new boundary. A road closing plan F56041 was prepared to facilitate the closure of two portions of Epiphany Place (Allotments 50 and 51, red hatched) under Section 27AA of the Highways Act 1926. The transfer of these allotments was at nil monetary consideration.
The Minister for Transport and Infrastructure required DPTI to consult with Council prior to closing the portions of road in plan F56041. The Director Engineering advised on 19 April 2013 that Council had no objection to the proposed realignment.
The Crown Solicitor's office then arranged the formal documents regarding the realignment to be forwarded to Council for signing.
3. ANALYSIS
The Crown Solicitor’s Office has sent Council a Certificate of Consent for the Deposit of a Plan of Division. This document vests Allotment 52 Epiphany Place (yellow hatched) in the name of the Adelaide Hills Council. All new road reserves will receive a Certificate of Title.
6. APPENDIX
(1) Aerial view identifying allotments being transferred
Appendix 1 Aerial photo identifying allotments being
transferred
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ADELAIDE HILLS COUNCIL MEETING Tuesday 22 April 2014
AGENDA BUSINESS ITEM
Item: 14.3 Originating Officer: Director Community & Customer Service Responsible Director: Director Community & Customer Service Subject: Hills Voice Working Party
SUMMARY
The purpose of this report is to provide proposed Terms of Reference for the Hills Voice Reference Panel and Australia Day Awards Panel. RECOMMENDATION That: 1. The Terms of Reference for the Hills Voice Reference Panel as contained in
Appendix 1 be adopted. 2. The Terms of Reference for the Australia Day Awards Panel as contained in
Appendix 2 be adopted.
1. GOVERNANCE
Strategic Management Plan/Council Policy
Goal 1 – A Safe and Connected Community Key Issue – 1.1 Community Planning Goal 4 – Leadership Key Issue – 4.4 Strategic Planning and Performance Legal Implications Not applicable. Risk Management Implications Not applicable. Financial and Resource Implications
Not applicable. Customer Service and Community/Cultural Implications
Not applicable.
Adelaide Hills Council Meeting 22 April 2014 Hills Voice Working Party
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Environmental Implications Not applicable. Community Engagement/Consultation
Not applicable.
2. BACKGROUND
At its meeting held on 10 December 2013, the Council considered an item relating the adoption of revised Terms of Reference for various Advisory Groups. Following consideration of the matter, the Council resolved, in part:
That a report considering the roles and functions of the Hills Voice Working Party be presented to Council not later than 30 April 2014.
3. ANALYSIS The Hills Voice Working Party has been operating without formal Terms of Reference for some time. It has also acted as the working party responsible for considering Australia Day Award nominations and other aspects of Australia Day ceremonies. There is no direct connection between the two roles and no obvious reason why they need to be the remit of a single group. It is also doubtful that there is a warrant for a formal ‘advisory group’ per se, especially considering the make-up of the working party has been only Elected Members and that the group does not need to meet as regularly as a typical advisory group might. It is submitted that in the future, the roles could be carried out by 'panels' of appointed Elected Members rather than a formal Advisory Group. To that end, draft Terms of Reference are presented (see Appendices 1 and 2) for consideration, for panels for each of the two roles. While the draft Terms of Reference are largely self-explanatory, the role of each group is outlined below. Australia Day Awards Panel
The Australia Day Awards are granted by resolution of the Council, albeit the awards nomination process is one which is handled operationally by staff. It makes sense, therefore, that a selection of Elected Members assists the Chief Executive Officer (or delegate) to evaluate award nominees and determine which should be recommended to the Council for consideration. Operational aspects of the Awards process, such as determining timelines, developing promotional material, organising ceremonies etc, can and should be carried out by staff, however, the Panel may be called upon for advice on an as-needs basis. Elected Member participation at award ceremonies would be determined as part of normal protocols around civic events and is not the subject of this report, however, it
Adelaide Hills Council Meeting 22 April 2014 Hills Voice Working Party
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could be anticipated that members of the Awards Panel may be invited to work with local event organisers to reinforce the Council’s commitment. Like Advisory Groups, the Awards Panel exists to assist and advise staff, who in turn make recommendations to the Council, rather than making recommendations to the Council directly. The Awards Panel has no decision making power or authority to act in its own right. The proposed Terms of Reference suggest criteria which may be considered by the Council when appointing Elected Members to the Panel in the interests of getting the best outcomes from a community and probity perspective. It is anticipated that the Australia Day Awards Panel would meet once or twice during each award nomination period. It would be convened by the Chief Executive Officer, or delegate. Hills Voice Reference Panel
Hills Voice is developed operationally by staff, however, there could be a role for a selection of Elected Members to provide advice, guidance and feedback to staff on themes, content and draft material. The purpose of the panel is to ensure the needs of the ‘audience’, i.e. the community, are understood and reflected in the final product. Staff members remain responsible for all aspects of Hills Voice production, including layout, design and editorial. Like Advisory Groups, the Reference Panel has no decision making power or authority to act in its own right. It is anticipated that the Hills Voice Reference Panel would meet once or twice during the publication of each edition of Hills Voice. It would be convened by the Chief Executive Officer, or delegate. Appointment of Elected Members to Panels Due to the timing of the 2014 Council Election, it is not proposed to appoint Elected Members to the panels at this time. The next edition of the Hills Voice is due to be produced just after the election. Likewise, the Australia Day Awards will be considered after the election. It is proposed to seek Elected Member appointments at the first meeting of the new Council.
4. OPTIONS
The Council may determine whether or not to adopt the proposed Terms of Reference as presented or with amendments. Should it resolve to create the two panels, each will operate independently and will be convened by staff as required in line with the Terms of Reference. Should the Council not resolve to create the two panels, it will need to determine what involvement, if any, Elected Members will have in advising staff during the operational stages of the two subject matters.
5. APPENDICES (1) Proposed Terms of Reference for the Australia Day Awards Panel (2) Proposed Terms of Reference for the Hills Voice Reference Panel
Appendix 1 Proposed Terms of Reference for the Australia Day Awards Panel
ADELAIDE HILLS COUNCIL
AUSTRALIA DAY AWARDS PANEL
TERMS OF REFERENCE April 2014
Each year, the Council confers civic honours on members of the community and community groups in line with the Australia Day Awards structure overseen by the National Australia Day Council. The purpose of the local Awards is to recognise and celebrate individual and collaborative achievements in the community.
The Australia Day Awards Panel assists Council staff in evaluating nominations for the Awards and advising on which nominees should be recommended to the Council to receive Awards. The purpose of having a reference panel is to ensure a fair and balanced nominee evaluation process is in place. Development The reference panel functions as an advice-giving body, with individuals able to provide
advice freely and as requested, to the convenor. Advice from panel members may be sought
through meetings or by other means.
The panel has no decision making power or authority to act in its own right. For advice on
general or specific matters, a consensus view of the panel will be sought by the convenor,
but the advice of all individual members will be taken into consideration.
The reference panel will be guided by the procedures, guidelines and award criteria in place
at the time. The professional role of staff in managing the Awards process is to be observed
at all times.
The panel shall comprise up to five (5) Elected Members appointed by the Council for a period of two (2) years or as otherwise determined by the Council at the time of appointment. The Chief Executive Officer shall appoint a staff member as the convenor of the panel. Other staff as appropriate may attend and contribute to meetings of the panel.
While the appointment of Elected Members to the panel is at the sole discretion of the Council, the Council should give consideration to factors including, but not limited to, the following:
Ensuring a reasonable understanding of community activities and achievements
across the district are represented on the panel
A diverse range of professional expertise or community interests feature on the panel
Gender balance
BACKGROUND
MEMBERSHIP
ROLE
FUNCTION
SELECTION CRITERIA
Appendix 2 Proposed Terms of Reference for the Hills Voice Reference Panel
ADELAIDE HILLS COUNCIL
HILLS VOICE REFERENCE PANEL
TERMS OF REFERENCE April 2014
Hills Voice is the Council’s community newsletter. Its purpose is to communicate information to the community about the Council’s role, function and services and to promote local matters or events of interest.
The Hills Voice Reference Panel provides Council staff with advice and guidance on themes, content and draft material for the Council’s community newsletter. The purpose of having a reference panel is to ensure the needs of the ‘audience’, i.e. the community, are understood and reflected in the final product. Development The reference panel functions as an advice-giving body, with individuals able to provide
advice freely and as requested, to the convenor. Advice from panel members may be sought
through meetings or by other means.
The panel has no decision making power or authority to act in its own right.
For advice on general or specific matters, a consensus view of the panel will be sought by
the convenor, but the advice of all individual members will be taken into consideration.
The professional role of staff in compiling and producing Hills Voice is to be observed at all
times.
The panel shall comprise up to five (5) Elected Members appointed by the Council for a period of two (2) years or as otherwise determined by the Council at the time of appointment. The Chief Executive Officer shall appoint a staff member as the convenor of the panel. Other staff as appropriate may attend and contribute to meetings of the panel.
While the appointment of Elected Members to the panel is at the sole discretion of the Council, the Council should give consideration to factors including, but not limited to, the following:
Ensuring a reasonable understanding of community needs across the district are
represented on the panel
A diverse range of professional expertise or personal interests feature on the panel
Gender balance
BACKGROUND
MEMBERSHIP
ROLE
FUNCTION
SELECTION CRITERIA
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ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING
22 April 2014 AGENDA BUSINESS ITEM
Item: 14.4 Originating Officer: Deryn Atkinson, Manager Development Services Responsible Director: Marc Salver, Director Strategy and Development Subject: Request for waiver of CWMS contribution fee for
Mount Torrens CFS
SUMMARY
Council has received a request from Michele and Paul Edwards to waive the CWMS contribution fee for the Mount Torrens CFS development at Lot 11 Springhead Road Mount Torrens. The land is owned by the Edwards and leased to the CFS for a peppercorn rent for 100 years. Lot 11 is part of a 43 lot sub-division (473/D38/11) approved in five stages by the Development Assessment Commission on 18 March 2013. A contribution fee of $3470 per allotment is required to be paid to Council at the time of the allotment creation and the CFS would be required to pay this amount. Council’s Development Application Fee Waiver Policy includes the waiver of application fees for development with a construction value of up to $100,000 by community organisations. However the policy does not include the CWMS contribution fees for new allotments and hence the need for Council to consider such a request. Staff recommend that this request for a fee waiver of $3470 is supported. RECOMMENDATION That Council agrees to waive the $3470 CWMS contribution fee for the Mount Torrens CFS at Lot 11 Springhead Road Mount Torrens in Development Application 473/D38/11.
Adelaide Hills Council – Ordinary Council Meeting 22 April 2014 Request for waiver of CWMS contribution fee for Mount Torrens CFS
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1. GOVERNANCE
Strategic Management Plan/Council Policy
Goal 3– A Recognised Leading Performer Key Issue – 4.1.4 Meet legislative, regulatory and good governance responsibilities
and obligations
Council’s Development Application Fee Waiver Policy includes the waiver of application fees for development with a construction value of up to $100,000 by community organisations. However the policy does not include the CWMS contribution fees for new allotments. and hence the need for Council to consider such a request.
Legal Implications Section 51 Development Act 1993 – Fee required as a condition of Development Approval for land division clearance. Fees for the other 42 allotments will be paid by the applicant. As the waiver is outside the scope of Council’s Development Application Fee Waiver Policy, only Council can waive the fee as requested. Risk Management Implications
Given this request is for the benefit of a community organisation the waiver consideration is consistent with the intent of the Council Policy. Land divisions involving a community organisation are not common and the risk of setting a precedent with this waiver is considered low. Financial and Resource Implications
Small loss of income for Council, but all contributions for the other 42 allotments will be paid by the applicant. Customer Service and Community/Cultural Implications The waiver will provide a benefit to a community organisation. Environmental Implications
Not applicable Community Engagement/Consultation
Not applicable
2. BACKGROUND
Council’s CDAP considered and supported Development Application 473/D38/11 by PJ Edwards for a 43 lot sub division at Springhead Road Mount Torrens on 4 December 2012 and the Development Assessment Commission approved the five stage land division on 18 March 2013. A condition of approval required payment of a CWMS contribution fee of $3470 per allotment prior to the clearance of titles for the land.
Adelaide Hills Council – Ordinary Council Meeting 22 April 2014 Request for waiver of CWMS contribution fee for Mount Torrens CFS
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3. ANALYSIS Council has received a request from Michele and Paul Edwards to waive the CWMS contribution fee of $3470 for the Mount Torrens CFS at Lot 11 Springhead Road Mount Torrens. The land is owned by the Edwards and leased to the CFS for a peppercorn rent for 100 years. The CFS would be required to pay the $3470 as outlined in the letter from Michele and Paul Edwards. Council’s Development Application Fee Waiver Policy includes the waiver of application fees for development with a construction value of up to $100,000 by community organisations. However the policy does not include the CWMS contribution fees for new allotments. Whilst the request is from the owner of the land rather than the CFS, the creation of Lot 11 is for the benefit of the community and the waiver is aligned with the intent of Council’s Development Application Fee Waiver Policy. Staff therefore recommend that this request for a fee waiver of $3470 for the CWMS contribution for Lot 11 in Development Application 473/D38/11 be supported.
4. APPENDICES
(1) Letter of Request from Michele and Paul Edwards (2) Approved Plan of Division
ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING
22 April 2014 AGENDA BUSINESS ITEM
Item: 14.5 Originating Officer: Deryn Atkinson, Manager Development Services Responsible Director: Marc Salver, Director Strategy and Development Subject: Building Fire Safety Committee Membership and
Update
SUMMARY
Council last reviewed the membership of the Building Fire Safety Committee on 26 February 2013 and resolved to appoint the current Committee and deputy members until 31 March 2014. Reappointment of the current members is suggested for a further three years until 31 March 2017. An update on activities of the Building Fire Safety Committee Council is provided in this report. RECOMMENDATION
That Council resolves: 1. The report be received and noted; and 2. Appoints the following people as members of the Adelaide Hills Council Building
Fire Safety Committee as the appropriate authority for the purposes of Section 71 of the Development Act 1993 until 31 March 2017:
a. Peter Harmer, Contract Building Surveyor/Building Engineer, as a
person with expertise and qualifications in building surveying, engineering and building fire safety;
b. Colin Paton, as a person nominated by the Country Fire Service, with Julian Aggiss and Ray Jackson nominated as deputy members;
c. Zig Osis, Team Leader Building Services as an authorised Council
officer with expertise and qualifications in building surveying and building fire safety;
d. Deryn Atkinson, Manager Development Services as an authorised Council officer, with Marc Salver appointed as a deputy member.
Adelaide Hills Council meeting 22 April 2014 Building Fire Safety Committee Membership & Update
1. GOVERNANCE
Strategic Management Plan/Council Policy Goal 4– A Recognised Leading Performer Key Issue – 4.1.4 Meet legislative, regulatory and good governance responsibilities
and obligations Legal Implications
It is a statutory requirement for the Council to establish a Building Fire Safety Committee in accordance with Section 71(19) of the Development Act. Clause (19) b permits a maximum membership term of 3 years, as determined by Council. Risk Management Implications
It is a statutory requirement for the Council to establish a Building Fire Safety Committee in accordance with Section 71 (19) of the Development Act. Council would be in breach of this if no Committee is established. Financial and Resource Implications
Budget lines are in place the Building Fire Safety Committee. Customer Service and Community/Cultural Implications
Council has an obligation to the community to take the appropriate action to achieve a reasonable standard of fire safety for the occupiers of buildings inspected, to minimise the risk of the spread of fire and smoke and, to achieve an acceptable fire-fighting environment in the event of a fire in or near an inspected commercial, industrial or public building. Environmental Implications The Committee determines the safety of buildings for occupants and the community in relation to fire and bushfire hazard for inspected buildings. Community Engagement/Consultation
Not applicable
2. BACKGROUND
Council last reviewed the membership of the Building Fire Safety Committee on 26 February 2013 and resolved to appoint the current Committee and their deputies to 31 March 2014. The current Committee members are: a. Peter Harmer, Contract Building Surveyor/Building Engineer, as a person with
expertise and qualifications in building surveying, engineering and building fire safety;
b. Colin Paton, as a person nominated by the Country Fire Service with Julian Aggiss and Ray Jackson nominated as deputy members;
c. Zig Osis, Team Leader Building Services as an authorised Council officer with expertise and qualifications in building surveying and building fire safety;
Adelaide Hills Council meeting 22 April 2014 Building Fire Safety Committee Membership & Update
d. Deryn Atkinson, Manager Development Services as an authorised Council
officer with the Director Strategy and Development as a deputy member. This consultant member is Council’s appointed building surveyor and the Building Fire Safety Committee membership is therefore aligned with the contract for the building surveyor. Expressions of interest in the provision of building surveying services were sought at the end of February 2014 and after a review of the two submitted proposals, the contract was assigned to Harmer CLG, with Peter Harmer as the principal. Members are not paid a sitting fee but the consultant member is paid for his time to attend Building Fire Safety Committee meetings as an independent expert.
3. ANALYSIS Given the current membership of the Building Fire Safety Committee has expired; Council now needs to determine the membership and appoint members for three years until 31 March 2017. It is a statutory requirement for the Council to establish a Building Fire Safety Committee in accordance with Section 71(19) of the Development Act. Clause 19 requires that (a) The Building Fire Safety Committee will be constituted of—
(i) A person who holds prescribed qualifications in building surveying appointed by the Council and
(ii) a person nominated by the Chief Officer of the South Australian Metropolitan Fire Service or the Chief Officer of the South Australian Country Fire Service and
(iii) A person with expertise in the area of fire safety appointed by the Council; and
(iv) If so determined by the Council —a person selected by the Council; (b) The term of office of a member of the Building Fire Safety Committee will be a
period not exceeding three years determined by the Council. The Building Fire Safety Committee may inspect buildings to check that the buildings have an adequate level of fire safety for the occupiers. Any action taken as a result of the inspections seeks to achieve, in order of priority: (1) a reasonable standard of fire safety for the occupiers of the buildings (2) minimal spread of fire and smoke and (3) An acceptable fire-fighting environment for the occupiers of the building(s). The powers of the Building Fire Safety Committee are separate to the development assessment responsibilities of the Council and are only able to be exercised by an “appropriate authority” established by the Council.
Adelaide Hills Council meeting 22 April 2014 Building Fire Safety Committee Membership & Update
The following people have agreed to be re-appointed as members of the Building Fire Safety Committee and it is recommended that they are appointed until 31 March 2017:
Peter Harmer (Contract Building Surveyor Engineer) as a person with expertise and qualifications in building surveying, engineering and building fire safety;
Colin Paton, as a person nominated by the Country Fire Service with Ray Jackson and Julian Aggiss nominated as deputies;
Zig Osis (Team Leader Building Services) as an authorised Council Officer with expertise and qualifications in building surveying and building fire safety; and
Deryn Atkinson as Manager Development Services as an authorised Council Officer (with Marc Salver appointed as deputy)
4. UPDATE ON THE ACTIVITIES OF THE BUILDING FIRE SAFETY COMMITTE The focus for the Building Fire Safety Committee has been on buildings providing accommodation for vulnerable groups, such as children and the elderly and, on commercial, industrial and public buildings with an area larger than 2000 square metres. In the last 12 months, the Building Fire Safety Committee has met four times, considered 13 ongoing matters with a reinspection of two of these and inspected two new properties. There are now a total of 15 matters presently being reviewed by the Committee. In the last 12 months the Committee has required two formal defect notices to be issued to property owners, bringing the total number of current notices to 14 as shown below:
Building Fire Safety Defect Notices by Suburb
Ashton 2
Kersbrook 1
Lenswood 2
Lobethal 1
Lower Hermitage 1
Piccadilly/Mt Lofty 2
Mylor 4
Norton Summit 1
Total 14
The complexities of the fire upgrades require multi-faceted solutions with input from fire experts and often significant funds for implementation. Resolutions to the Notices of defect therefore require a staged approach and the Notices remain active for a number of years. To date, there have been no withdrawals of Notices in 2013/14.
5. APPENDIX
Nil
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ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING
Tuesday 22 April 2013 AGENDA BUSINESS ITEM
Item: 14.6 Responsible Director: Tim Piper, Director Corporate Services Subject: Long Term Financial Plan
SUMMARY
This report tables the latest iteration of the Long Term Financial Plan (LTFP) for adoption by Council prior to the 2014/15 budget setting process. It incorporates feedback received from the community consultation process held in March 2013, the financial results for 2012/13 and the first budget review for 2013/14 reported in November 2013. It was noted by the Audit Committee in February 2014. RECOMMENDATION
That Council resolves to adopt the Adelaide Hills Council Long Term Financial Plan prepared in February 2014.
1. GOVERNANCE
Strategic Management Plan/Council Policy
Goal 4 A Recognised Leading Partner Key Issue 4.4 Strategic Planning and Performance Strategy 4.4.2 Review the financial assumptions and planning parameters
applied of the Long Term Financial Plan to achieve long term financial sustainability.
Legal Implications
Section 122(1a) of the Local Government Act 1999 (the Act) requires Council to
develop and adopt a long term financial plan (LTFP) in conjunction with the adoption of the strategic management plan(s), with the LTFP to form part of the strategic management plan(s). Regulation 5 of the Local Government (Financial Management) Regulations 2011
requires that the LTFP: (1) A long-term financial plan developed and adopted for the purposes of section 122(1a)(a) of the Act must include—
(b) a summary of proposed operating and capital investment activities presented in a manner consistent with the note in the Model Financial Statements entitled Uniform Presentation of Finances; and
Adelaide Hills Council – Ordinary Council Meeting Tuesday 22 April 2013 Long Term Financial Plan
Page 2
(c) estimates and target ranges adopted by the council for each year of the long-term financial plan with respect to an operating surplus ratio, a net financial liabilities ratio and an asset sustainability ratio presented in a manner consistent with the note in the Model Financial Statements entitled Financial Indicators.
(2) A long-term financial plan must be accompanied by a statement which sets out—
(a) the purpose of the long-term financial plan; and
(b) the basis on which it has been prepared; and
(c) the key conclusions which may be drawn from the estimates, proposals and other information in the plan.
(3) A statement under subregulation (2) must be expressed in plain English and must avoid unnecessary technicality and excessive detail.
Risk Management Implications The revision of the LTFP will assist in mitigating the risk of:
Poor financial planning and decisions which leads to Council being unsustainable
Financial and Resource Implications The LTFP sets the parameters for the development of capital and operating budgets. Customer Service and Community/Cultural Implications
Not directly applicable. Environmental Implications
Not directly applicable. Community Engagement/Consultation
In March 2013 the LTFP was circulated for community consultation. The common concern arising from the majority of the submissions related to the proposed additional rate increases in 2015, 2017, 2019 and 2021. All focussed upon the additional cost and appeared to discount the associated benefits in respect of infrastructure enhancement and financial sustainability. The majority made reference to ratepayers’ capacity to pay and the fixed nature of many ratepayers’ incomes. Reference was made to increasing revenue from other sources and to reduce expenditure, ideally through increased efficiencies rather than service reductions.
Adelaide Hills Council – Ordinary Council Meeting Tuesday 22 April 2013 Long Term Financial Plan
Page 3
2. BACKGROUND
On 29 April 2013, the Audit Committee considered a report regarding the feedback received from the Community Consultation process for the Long Term Financial Plan and resolved:
That the Audit Committee notes the level and tone of the public response to the Long Term Financial Plan Community Consultation, and also Management’s proposals for future revisions to the LTFP.
The Audit Committee at its 10 February 2014 meeting, were provided with an updated version of the LTFP financials to reflect: 1. The 2013/2014 actual results 2. Enterprise Bargaining process resulting in a 3% wage increase for staff for the
next 3 years 3. Feedback received from the community consultation process in March 2013
(as detailed below) The LTFP had been amended to incorporate required cost savings to be generated from Service Improvement initiatives, replacing the CPI +2% previously allowed to fund infrastructure backlog and to cap the rate increase at CPI +1% in all years. In consideration of the updated LFTP the Audit Committee resolved (Res 10/2014) to note the revised Long Term Financial Plan..
3. ANALYSIS
The LTFP prepared in February 2014 takes account of Council’s actual financial performance reported to 30 June 2013, and also the forecasts for 2013/14 adjusted to Budget Review 1 (based on actual results to 20 September 2013). It forms the basis for the 2014/15 budget setting process and, as such, is subject to ongoing modification in the light of further budget reviews and interim actual results. The LTFP is based upon rate increases of CPI + 1% for the next ten years to fund the elimination of Council’s infrastructure backlog, and discontinues the CPI +2% increases that had been proposed for the financial years ending in 2015, 2017, 2019 and 2021 during the public consultation process. It reflects instead a series of internal costs savings which will ensure that the required operating surpluses continue to be generated. This potential was noted during the public consultation in February 2013, and subsequent experience has confirmed that savings are both achievable and being achieved. On this basis it is now a responsible approach to factor them into the LTFP henceforth. Notwithstanding that the LTFP is a constantly evolving document, Council is periodically required by Section 122(a) of the Act to adopt a current version, and this version is the latest to have been noted by the Audit Committee. It is anticipated that the next update will be prepared for Audit Committee review and subsequent adoption by Council at the end of 2014, once the actual results for 2013/14 are known and 2014/15 Budget is set. In the meantime, updated versions of this LTFP will be prepared to inform that budget setting process.
Adelaide Hills Council – Ordinary Council Meeting Tuesday 22 April 2013 Long Term Financial Plan
Page 4
4. OPTIONS
Council has the following options:
1. To adopt the LTFP prepared in February 2014 (version 6b) to be used as the basis for the current budget setting process
2. Not to adopt this LTFP and instead to await the preparation of a future version, to incorporate the 2014/15 adopted budget or the 2013/14 actual results. (These would not be available before July and November 2014 respectively.)
5. APPENDIX
(1) Long Term Financial Plan v6b
Appendix 1 Long Term Financial Plan v6b
Adelaide Hills Council
Long Term Financial Plan
Accompanying Statement February 2014
Why does Council prepare a Long Term Financial Plan (LTFP)?
The Local Government Act requires Council to prepare a Long Term Financial Plan (LTFP) as part of its
Strategic Management Plan, and to update it on the same basis. This means that members of the public
are to be a given a reasonable opportunity to be involved in the development and review of the Council’s
plan.
A Council LTFP must contain estimated financial statements consistent with those in Council’s Annual
Report for a period of at least ten years. It should include estimates of the key ratios, operating surplus,
net financial liabilities and asset sustainability. This illustrates the expected long term financial
performance of the Council, and hence whether financial sustainability is being achieved.
How does Council prepare a LTFP?
The LTFP is based on a spreadsheet model which projects Council’s future financial performance based on
a very large range of variables applied to its performance in recent years. Because there are so many
variables it is an extremely complicated model. In order to use it to guide each year’s budget setting
process, the variables have been divided into two groups:
» Controllable variables – items that Council can control such as service levels, capital expenditure, rate increases and wage increases
» Non-controllable variables – items outside Council’s control, such as interest rates, inflation and economic growth (eg. residential development, new businesses, etc).
For controllable variables, Council is able to model different levels of activity and increase to see what
effect they have on financial performance. The long term effects of each decision can then be assessed.
For non-controllable variables, the plan uses reasonable long term estimates which do not change (except
to update them at the beginning of each budget cycle). In this way the impact of different choices about
the controllable variables can be assessed. For instance, inflation measured by CPI has fluctuated
substantially in recent years. Because inflation works differently on different elements of Council’s
income and expense it can quickly and materially distort the LTFP, especially in its later years.
To overcome the effect of inflation, Council’s LTFP is prepared in “current year” dollars assuming zero
inflation for decision making purposes. (Inflation can then be “switched on” for illustrative and
forecasting purposes if needed). By working in current year dollars and expressing controllable variables
accordingly, Council can plan for rate increases and wage increases according to whether they are higher,
lower or equal to CPI.
What key conclusions may be drawn from the LTFP?
The two most important variables in the LTFP are annual rate increases and infrastructure expenditure,
which refers particularly to renewing existing assets (or repairing them) and building new ones. If Council
keeps rate increases low (at or below inflation) then it needs to find other ways to generate surpluses to
pay for infrastructure expenditure. In the short term, however, it means borrowing more, and hence
greater interest costs.
When the LTFP was adopted in its current form in 2010, Council knew that the high rate increases of
recent years could not be sustained, and planned to limit future increase to CPI +1%. At the same time,
the level of asset backlog to catch up was not fully understood. Based on the information available,
Council planned to spend $76.8M on infrastructure assets between 2013 and 2022. This was all that
Council could afford with rate increases of CPI+1% and without major increases in borrowings and net
financial liabilities.
The latest Asset Management Plan shows that an additional $10.2M of spending is required to bring
existing stormwater drainage and CWMS up to the required capacity. To borrow this sum would double
Council’s loans and hence its interest charge. However, by phasing the additional spending across ten
years and by improving internal efficiencies in later years, the extra cost can be met without
permanently increasing borrowings.
Council is now using a revised LTFP which generates $7.7M of surpluses in the next ten years (5.4M
on an inflation adjusted basis) and also sees net financial liabilities increase from $19.2M to $22.5M
(although they increase more during the construction phase). Interest bearing liabilities increase
from $13.7M to $17.0M over the same period.
It is worth noting that applying inflation modelled on various bases always has the combined effect
of reducing both forecast surpluses and forecast borrowings: the complex interaction of Council’s
income, expense and investment activities means that forecasting in “current year” dollars
represents a worst case scenario and is therefore the most prudent option for decision making
purposes.
Page 1
ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING
Tuesday 22 April 2014 AGENDA BUSINESS ITEM
Item: 15.2 Originating Officer: Lachlan Miller, Manager Governance & Risk Responsible Director: Tim Piper, Director Corporate Services Subject: Information Report – Council Resolutions Update
SUMMARY
The Action List is updated each month and outlines actions taken on resolutions passed at Council meetings. The completed items are removed from the list each month. RECOMMENDATION
That Council resolves: 1. The Council Action List be received and noted 2. The following completed items be removed from the Action List:
2/06/2009 Greenhill Playground
22/01/2013 Road Closure Marble Hill Rd Ashton
21/01/2014 Reclassification of the former Mt Torrens CFS Site, 17 Townsend Street
11/02/2014 CEO Performance Review Panel (CEOPRP)
25/02/2014 Northern Bypass” Freight Train Line Diversion
25/03/2014 Petition - Lobethal Retirement Village Grounds
25/03/2014 Community Forums
25/03/2014 Dog Registration Fees
25/03/2014 LMA Waiver 203 Sturt Valley Rd Upper Sturt
25/03/2014 Appointment Deputy Presiding Member SPDPC
25/03/2014 Audit Committee Sitting Fees
25/03/2014 Audit Committee Appointments
25/03/2014 Audit Committee Appointments
25/03/2014 Audit Committee Appointments
25/03/2014 Budget - Budget Review 2
25/03/2014 Adelaide Hills Business & Tourism Centre Advisory Group
25/03/2014 Adelaide Hills Business & Tourism Centre Advisory Group
25/03/2014 Cemeteries Advisory Group
25/03/2014 Stirling Linear Park Advisory Group
25/03/2014 March Delegations Review
25/03/2014 Code of Practice for Access to Council & Committee Meetings & Documents
25/03/2014 Code of Practice for Meeting Procedures
25/03/2014 Code of Practice for Meeting Procedures
25/03/2014 CONFIDENTIAL - Disposal of Land, Renewal SA
Adelaide Hills Council – Ordinary Council Meeting 22 April 2014 Information Report – Council Resolutions Update
Page 2
8/04/2014 Internal Review of Council Decisions Policy
8/04/2014 Fraud and Corruption Prevention Policy
8/04/2014 Revised Community & Primary Production Grant Policy
1. GOVERNANCE
Strategic Management Plan/Council Policy
Goal 4: A Recognised Leading Performer Key Issue: 4.4: Strategic Planning and Performance Legal Implications Not applicable Risk Management Implications
Actions arising from Council resolutions may not be completed in a timely manner. Financial and Resource Implications
Not applicable Customer Service and Community/Cultural Implications
Not applicable Environmental Implications
Not applicable Community Engagement/Consultation Not applicable
2. ANALYSIS
The Action List (Appendix 1) is updated each month and outlines actions taken on resolutions passed at Council meetings. The completed items are removed from the list each month.
3. APPENDIX
(1) AHC Action List
Appendix 1 AHC Action List
Date Meeting ResNo.
Topic Action ResponsibleManager
Progress Date ofUpdate
EstimatedCompletion
Date
Comment
7/04/2009 Council 108 Building allotments - Highercombe Golf Club Investigate options & prepare report Lachlan Miller In Progress 16/04/14 31/12/14 To Council workshop2/06/2009 Council 194 Greenhill Playground Negotiate with landowners re land swap as per minute Lachlan Miller Completed 16/04/14 Verfying status of referral to DAC
20/10/2009 Council 354 Objection to Road Closure - Unmade Road offLobethal Road Ashton
Explore alternative solutions for this portion of the road andpotential liability issues that may arise due to the closing of the road
Lachlan Miller In Progress 16/04/14 31/12/14 Verifying status of negotiations with land owner
20/10/2009 Council 359 Basket Range Hall - Infrastructure Grant As per minute - develop a draft policy for infrastructure fundingsupport for Community-Owned Halls, including a financial impactassessment and investigate the merits or otherwise ofincorporating an annual budgeted amount for urgent communitybuilding infrastructure maintenance.
David Waters In Progress 18/03/14 30/04/14 Policy being drafted
19/01/2010 Council 6 Summertown Institute Seek revocation of Community Land Class Lachlan Miller In Progress 16/04/14 30/06/14 Boundary Alignment completed, report beingprepared for Minister in January 2014 seekingrevocation
6/07/2010 Council B177 Approval to Register Drainage Easements OverProperties at 8 Tolmer Road and 2, 4 and 6Gale Street Woodside
As per minute Lachlan Miller In Progress 16/04/14 31/07/14 A number of landowners have not responded tomutliple correspondance. Investigating alternativeoptions such as compulsory acquisition.
23/08/2011 Council 256 Social Planning Reference Group Terms ofReference
Submit future report to Council on the range and scope of Council’sgrants
David Waters In Progress 16/04/14 30/06/14 Consultation report finalised. On hold awaitingappointment of Manager Community Development
22/11/2011 Council 342 MON - Highercombe Golf Course Investigate the future use of vacant block at Highercombe GolfCourse
Lachlan Miller In Progress 16/04/14 31/12/14 see 108
13/12/2011 Council 377 Community Access to Council Buildings Inform regular users re yearly bond etc Lachlan Miller In Progress 16/04/14 31/06/14 Reassigned to Property Dept to investigate ifactioned
27/03/2012 Council 72 Future Use of Stirling Community Shop Site 3 year lease approved with terms to be implemented as peradopted resolution
Lachlan Miller In Progress 16/04/14 30/06/14 CLMP amended, lease being prepared
12/06/2012 Council 148 MON Naming Park in Balhannah For consultation Chris Button In Progress 18/03/14 30/04/14 Research into history of the reserve complete.Community consultation planned during April 2014.
28/08/2012 Council 214 Kersbrook Stone Reserve – HeritageAgreement
Chief Executive Officer, or delegate, be authorised to take allnecessary actions to bring the Heritage Agreement into effect
Lachlan Miller In Progress 16/04/14 30/06/14 Rededicaion request made to Crown, HA pendingresolution of rededication request - also refer 164/13
9/10/2012 Council 255 Realignment Road Burfords Hill, Mt Torrens Boundary realignment Lachlan Miller In Progress 16/04/14 31/06/2014 Deed for exchange of land executed - also refer7/13
23/10/2012 Council 270 Future Use of Woorabinda Buildings Report back to Council Lachlan Miller In Progress 16/04/14 31/06/2014 Presented at workshop 8 April. Next step is todevelop Concept Plan.
11/12/2012 Council 314 Woorabinda Buildings As per minute re use and bookings of building Lachlan Miller In Progress 16/04/14 31/06/2014 see 270/1222/01/2013 Council 6 Road Closure Marble Hill Rd Ashton Approve Road Opening & Closing Lachlan Miller Completed 16/04/14 Lodged with LTO
22/01/2013 Council 7 Burfords Hill Road Mt Torrens Approve Road Opening & Closing Lachlan Miller In Progress 16/04/14 30/06/14 see 255/1222/01/2013 Council 13 Water Reuse Birdwood CWMS Confidential item - as per minute Chris Button In Progress 16/04/14 30/06/14 Easement has been surveyed documentation
lodged with LTO awaiting final endorsement9/04/2013 Council 87 Confidential Items - Morialta Barns As per confidential minute Lachlan Miller In Progress 16/04/14 30/12/14 Contractual complianance matters ongoing
11/06/2013 Council 106 Hard Waste Trial Undertake Hard Waste collection service & report back to councilby May 2014
Chris Button In Progress 16/04/14 31/05/14 Project underway 350 services booked to date.Project will end 31/05/14
27/08/2013 SPDPC 43 Regional Tender for the Provision of KerbsideWaste Collection Services
CEO to participate in a regional kerbside collection tender processand report back to Council with the outcome
Chris Button In Progress 16/04/14 30/06/14 Tender documentation being finalised before beingadvertised
10/09/2013 Council 164 Handing back of Crown Land to be rededicated– Section 426 H 105700 Kersbrook StoneReserve
Finalise Documents - Mayor/CEO to sign Lachlan Miller In Progress 16/04/14 30/06/14 see 214/12
24/09/2013 SPDPC 59 Primary Production Lands DPA: CommunityEngagement Plan
As per minute Marc Salver In progress 4/04/14 31/05/14 Consultation with industry Stakeholders undertakenfrom October 2013 to December 2013 andcommunity consultation completed 25 March 2014.Report on outcomes to be prepared for Council'sconsideration shortly.
8/10/2013 Council 180 Trails Network Strategy Adopt Strategy for consultation, report back to Council Rebecca Shepherd In Progress 16/04/14 30/10/14 The AH Trails Strategy was adopted for consultationby Council at the meeting on 8 Oct. Consultationperiod extended to 20/1/14. Final draft expected tobe ready by late Oct 14.
12/11/2013 Council 195 Mt Torrens Coach House Consult with community re future use, report to Council by 8 April2014
Marc Salver In Progress 16/04/14 22/04/14 Consultation compled on 30 March. Report going toCouncil 22 April 2014.
12/11/2013 Council 196 Sculpture in Mt Torrens Work with Community Assn to identify place to install sculpture inMt Torrens
Marc Salver In Progress 16/04/14 22/04/14 Consultation compled on 30 March. Report going toCouncil 22 April 2014.
ADELAIDE HILLS COUNCIL - ACTION LIST
http://teams.ahc.sa.gov.au/ea/AHC Action List/AHC Action List.xlsx Page 1
Date Meeting ResNo.
Topic Action ResponsibleManager
Progress Date ofUpdate
EstimatedCompletion
Date
Comment
12/11/2013 Council 204 Street Trees, William Street Birdwood Undertake public consultation and report to Council by April 2014 Chris Button In Progress 18/03/14 22/04/14 Research into history of the tree avenue complete.Consultation to commence late April 2014 inaccordance with the tree policy.
10/12/2013 Council 225 TOR Advisory Groups That a report considering the roles and functions of the Hills VoiceWorking Party be presented to Council not later than 30 April 2014
David Waters 30/04/14
10/12/2013 Council 228 Code of Conduct Complaint Council requests Cr Andrew Stratford to issue apology to Council Lachlan Miller In Progress 16/04/14 22/04/14 To be considered at Council meeting
10/12/2013 Council 231 Revitalisation Fund for Primary Production $20k approved, policy to be amended, indexed & reviewed prior to15/16 Annual Budget
Tim Piper In Progress 16/04/14 31/05/14 Grants have been advertised - applications close 16May.
21/01/2014 Council 8 Reclassification of the former Mt TorrensCFS Site, 17 Townsend Street
Publish public notice, proceed with reclassification, amendcommunity land register
Lachlan Miller Completed 16/04/14
21/01/2014 Council 9 Riverview Road & Nairne Road intersection Consider retention of rumble strips, request DPTI to give highpriority to upgrade
Chris Button Formal correspondence to be sent to DPTI
21/01/2014 Council 14 Lobethal Recreation Ground Sports ClubProposal
Confidential item - as per minute Tim Piper In Progress 16/04/14 14/07/14 Met with committee again, plan in preparation forCouncil report in May
11/02/2014 Council 25 CEO Performance Review Panel (CEOPRP) Advertise for independent member vacancy Lachlan Miller Completed 16/04/14 Vacancies to be advertised in conjunctin withother memberships
25/02/2014 SPDPC 2 Northern Bypass” Freight Train LineDiversion
CEO and Mayor to write to local Members and FederalMinisters as per minute.
Marc Salver Completed 4/04/14 4/04/14 Letter sent
25/03/2014 Council 43 Petition - Lobethal Retirement VillageGrounds
That the petition signed by Mrs Barbara Wingrove & 10signatories be acknowledged.
David Waters Completed Letter sent
25/03/2014 Council 44 Community Forums That a report be presented to Council in January 2015 toreview the format and scheduling of community forums forthe next year.
Marc Salver Completed 8/04/14
25/03/2014 Council 45 Additional Dog Parks That a further report be presented to the 27 May 2014 Councilmeeting providing the outcome of the community engagementand details of the project plan for the upgrade of Carripook Park atBridgewater and providing an update on the progress of theupgrades at the disused tennis courts at Upper Sturt and RiverStreet Reserve at Balhannah.
Marc Salver In Progress 16/04/14 31/05/14
25/03/2014 Council 45 Additional Dog Parks That a strategy to promote off-leash areas be developed. Marc Salver In Progress 16/04/14 31/05/1425/03/2014 Council 46 Dog Registration Fees That the schedule of dog registration fees for 2014/15 be
forwarded to the Minister for Sustainability, Environment &Conservation for approval.
Marc Salver Completed 27/03/14 Fees forwarded for approval
25/03/2014 Council 47 Proposed Road Closure Merrion Tce Stirling Commence the process to close approximately 225 square metresof road reserve on the corner of Merrion Terrace and Mt BarkerRoad, Stirling according to the Roads Opening and Closing Act
Lachlan Miller In Progress 16/04/14
25/03/2014 Council 47 Proposed Road Closure Merrion Tce Stirling Subject to no objections to the road closure being supported, theCouncil enter into further negotiations with Weeroona Holdings PtyLtd to sell the road reserve according to the Council’s Disposal ofLand Policy and subject to mutual agreement on:· the commercial market value of the portion of the road reserveland· the development concept with the following items beingaddressed:o a traffic management plan for the proposed petrol and retailoutleto a pedestrian and traffic circulation around the siteo the streetscape enhancement, including retaining walls, footpathand landscaping of the 67 metres of road reserve along the MerrionTerrace boundary of 65 Mount Barker Road Stirling and the worksand the cost of the works that will be undertaken of WeeroonaHoldings Pty Ltd.
Lachlan Miller Not Started 16/04/14
25/03/2014 Council 47 Proposed Road Closure Merrion Tce Stirling That Weeroona Holdings Pty Limited meet all costs associated withthe valuation, proposed road closure and sale of the land.
Lachlan Miller Not Started 16/04/14
http://teams.ahc.sa.gov.au/ea/AHC Action List/AHC Action List.xlsx Page 2
Date Meeting ResNo.
Topic Action ResponsibleManager
Progress Date ofUpdate
EstimatedCompletion
Date
Comment
25/03/2014 Council 48 LMA Waiver 203 Sturt Valley Rd Upper Sturt That Council, pursuant to clauses 2.2, 2.7 & 2.10.1 of LandManagement Agreement 1029722 between Raymond MurrayJarvis and the Adelaide Hills Council, agrees to the waiver of theowners’ obligations in relation to clauses 2.2, 2.7 & 2.10.1 of theLand Management Agreement and the building envelope depictedin Annexure “A” of the Land Management Agreement, to permit theconstruction of a detached dwelling EDA in accordance with:• the request by Mr and Mrs Edwards dated 2 May 2013 relating toAllotment 7, 203 Sturt Valley Road, Upper Sturt; and• the site plan, received by Council 1 May 2013, prepared by ChrisJeffrey - Architect as part of Development Application473/328/2013.
Marc Salver
25/03/2014 Council 48 LMA Waiver 203 Sturt Valley Rd Upper Sturt Provide written communication of Council’s agreement towaive compliance with clauses 2.2, 2.7 & 2.10.1 of LandManagement Agreement 1029722 to Mr and Mrs Edwards.
Marc Salver Completed 3/04/14 Applicant advised of the resolution of Council
25/03/2014 Council 49 Appointment Deputy Presiding MemberSPDPC
Cr John Kemp be appointed as the Deputy Presiding Memberfor the Strategic Planning & Development Policy Committeefor the term of this Council.
Lachlan Miller Completed 16/04/14
25/03/2014 Council 50 Audit Committee Sitting Fees The sitting fees paid to Independent members of the AuditCommittee from 1 August 2014 until 31 July 2017 be $525 forIndependent Member and 365 for Ordinary Member (excl.GST)
Lachlan Miller Completed 16/04/14
25/03/2014 Council 51 Audit Committee Appointments Cr Hosking and Cr Loveday be appointed to the Council AuditCommittee for the term of this Council.
Lachlan Miller Completed 16/04/14
25/03/2014 Council 51 Audit Committee Appointments Commence recruitment of three (3) Audit Committeeindependent membersfor the 2014-17 period.
Lachlan Miller Completed 16/04/14 Positions Advetised
25/03/2014 Council 51 Audit Committee Appointments Mayor Spragg, Cr Hosking and Cr Loveday be on theSelection Panel for the independent member vacancies of theCouncil Audit Committee
Lachlan Miller Completed 16/04/14
25/03/2014 Councl 52 Budget - Budget Review 2 Budget Variations presented in Budget Review 2 (2013/14)totalling $15,000, bringing the Adjusted 2013/14 BudgetOperating Surplus for the year from $357,000 to $342,000adopted.
Tim Piper Completed 16/04/14
25/03/2014 Council 53 Adelaide Hills Business & Tourism CentreAdvisory Group
Commence recruitment of three (3) independent members forthe Adelaide Hills Business & Tourism Centre Advisory Group
Lachlan Miller Completed 16/04/14 Positions Advetised
25/03/2014 Council 53 Adelaide Hills Business & Tourism CentreAdvisory Group Cr Green, Cr Bailey and Cr Vonow be appointed to the
Selection Panel for the independent member vacancies of theAdelaide Hills Business & Tourism Centre Advisory Group
Lachlan Miller Completed 16/04/14
25/03/2014 Council 53 Cemeteries Advisory Group Cr Herrmann, Cr Nelson and Cr Bailey be appointed to theSelection Panel for the independent member vacancies of theCemeteries Advisory Group.
Lachlan Miller Completed 16/04/14
25/03/2014 Council 53 Stirling Linear Park Advisory Group Membership of Stirling Linear Park Advisory Group beextended to 30 June 2014 while the future role of this group isconsidered
Lachlan Miller Completed 16/04/14
25/03/2014 Council 54 March Delegations Review Implement Delegations as per minute Lachlan Miller Completed 1/04/1425/03/2014 Council 55 Temporary Road Closure Consents for Events That the Chief Executive Officer be authorised to consider and
provide consent for road closure orders in relation to OakbankEaster Racing Carnival, to be held on 19 & 21 April 2014
David Waters
25/03/2014 Council 55 Temporary Road Closure Consents for Events That the Chief Executive Officer be authorised to consider andprovide consent for road closure orders in relation to Bay toBirdwood Run, to be held on 28 September 2014
David Waters
25/03/2014 Council 55 Temporary Road Closure Consents for Events That the Chief Executive Officer be authorised to consider andprovide consent for road closure orders in relation to StirlingChristmas Pageant, to be held on 16 November 2014
David Waters
25/03/2014 Council 55 Temporary Road Closure Consents for Events That the Chief Executive Officer be authorised to consider andprovide consent for road closure orders in relation to WoodsideChristmas Pageant, to be held on 18 December 2014
David Waters
25/03/2014 Council 55 Temporary Road Closure Consents for Events That the Chief Executive Officer be authorised to consider andprovide consent for road closure orders in relation to LobethalChristmas Pageant, to be held on 23 December 2014
David Waters
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Date Meeting ResNo.
Topic Action ResponsibleManager
Progress Date ofUpdate
EstimatedCompletion
Date
Comment
25/03/2014 Council 56 Code of Practice for Access to Council &Committee Meetings & Documents That Council revokes the 24 February 2012 Code of Practice
for Access to Council Meetings, Council Committees &Council Documents and adopt the March 2014 Code ofPractice for Access to Council Meetings, Council Committees& Council Documents with an effective date of 1 April 2014
Lachlan Miller Completed 1/04/14
25/03/2014 Council 57 Code of Practice for Meeting Procedures That Part 2 of the Local Government (Procedures at Meetings)Regulations 2013 apply to the Strategic Planning andDevelopment Policy Committee
Lachlan Miller Completed 1/04/14
25/03/2014 Council 57 Code of Practice for Meeting ProceduresRevoke the 26 February 2013 Code of Practice for MeetingProcedures and adopt the draft March 2014 Code of Practicefor Meeting Procedures with an effective date of 1 April 2014
Lachlan Miller Completed 1/04/14
25/03/2014 Council 58 Proposed Road Closure - Birch Road Stirling Advises Mr & Mrs Rodella and Mr Evans of Council’s decision tonot support the objections received to the proposed road closure ofthe unmade portion of Birch Road, Stirling by Mr & Mrs Rodella andMr Evans as they relate to the use of adjacent land
Lachlan Miller In Progress 16/04/14
25/03/2014 Council 58 Proposed Road Closure - Birch Road Stirling Proceed to make a Road Process Order for the unmade portion ofBirch Road, Stirling, including advice that:
Lachlan Miller In Progress 16/04/14
25/03/2014 Council 61 CONFIDENTIAL - AHBTC Masterplan As per minute Tim Piper In Progress 16/04/14 Do be discussed with advisory group on 5 May25/03/2014 Council 64 CONFIDENTIAL - Disposal of Land, Renewal
SAAs per minute Lachlan Miller Completed 16/04/14
8/04/2014 SPDPC 15 MON - Amy Gillett Bikeway That the CEO writes to the Minister for Transport & Infrastructureto ascertain the future schedule and funding for the completion ofthe Amy Gillett Bikeway from Mount Torrens to Mount Pleasant andreports back to Council/SPDPC with the Minister's response.
Marc Salver Marc to draft a letter to Stephen Mullighan, Ministerfor Transport & Infrastructure
8/04/2014 SPDPC 16 Boundary Changes - Milbrook, Cudlee Creek,Paracombe and Inglewood
That Council formally requests the Geographic Names Unit torequest the Surveyor General to alter the suburb boundaries ofMillbrook, Paracombe, Cudlee Creek and Inglewood.
Marc Salver
8/04/2014 SPDPC 17 Internal Review of Council Decisions Policy Revoke the 8 November 2011 Internal Review of CouncilDecisions Policy and adopt the draft April 2014 InternalReview of Council Decisions Policy with an effective date of14 April 2014 and with amendments to Item 7.4.2 Letter ofAcknowledgement within 3 working days and Item 8.1.2 addthat the Mayor will report the determination to the nextCouncil/SPDPC meeting.
Lachlan Miller Completed 18/04/14
8/04/2014 SPDPC 18 Fraud and Corruption Prevention Policy Revoke the 6 April 2010 Fraud and Corruption PreventionPolicy and adopt the draft April 2014 Fraud and CorruptionPrevention Policy with an effective date of 14 April 2014.
Lachlan Miller Completed 18/04/14
8/04/2014 SPDPC 19 Policy Review Schedule Adopt the policy classification system and make minoradministrative changes to policies to facilitate consistency andcurrency of legislative and nomenclature arrangements.
Lachlan Miller In Progress 18/04/14
8/04/2014 SPDPC 20 Strategic Planing and Development PolicyCommittee - TOR and Delegations Review
Recommend to Council to revoke the 9 April 2013 StrategicPlanning and Development Policy Committee Terms of Referenceand to adopt the draft April 2014 Strategic Planning andDevelopment Policy Committee – Terms of Reference with thefollowingchanges:3.1 The Committee shall consist of all elected members.3.2 The Council will appoint the Presiding Member.
Lachlan Miller In Progress 18/04/14
8/04/2014 SPDPC 21 Revised Community & Primary ProductionGrant Policy
To revoke the 16 March 2010 Community Grants Policy andadopt the draft April 2014 Community and Primary ProductionGrant Policy with an effective date of 14 April 2014.
Lachlan Miller Completed 18/04/14
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ADELAIDE HILLS COUNCIL MEETING Tuesday 22 April 2013
AGENDA BUSINESS ITEM Item: 18.1 Originating Officer: Marc Salver, Director Strategy & Development Subject: Appointment of a Grazing/Broadacre Representative
to the Rural Land Management Advisory Group (RLMAG)
Appointment of a Grazing/Broadacre Representative to the Rural Land Management Advisory Group - Exclusion of the Public
Moved Cr S/- Cr
Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public, except:
CEO, Andrew Aitken
Director Strategy & Development, Marc Salver
Director Corporate Services, Tim Piper
Director Community & Customer Service, David Waters
Manager Governance & Risk, Lachlan Miller
Minute Secretary, Pam Williams
be excluded from attendance at the meeting for Agenda Item 17.1: Appointment of a Grazing/Broadacre Representative to the Rural Land Management Advisory Group (RLMAG). The Council is satisfied that, pursuant to section 90(3)(a) of the Act, the information to be received, discussed or considered in relation to the Agenda Item is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead), because it would disclose the personal details of candidates who have expressed an interest to be on the Advisory Group. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because consideration of the item in a public forum would unreasonably disclose the personal details of candidates who have expressed an interest to be on the Advisory Group.
Adelaide Hills Council Meeting 22 April 2014 Appointment of Grazing/Broadacre Representative to RLMAG – CONFIDENTIAL ITEM
3. Appointment of a Grazing/Broad acre Representative to the Rural Land Management Advisory Group – Period of Confidentiality
Moved Cr S/- Cr
That having considered Agenda Item 17.1 in confidence under section 90(2) and (3)(a) of the Local Government Act 1999, the Council, pursuant to section 91(7) of that Act orders that the documents and reports pertaining to this matter, including discussions and considerations, be retained in confidence until the appointment has been confirmed, but not longer than 1 month.
ADELAIDE HILLS COUNCIL MEETING Tuesday 22 April 2013
AGENDA BUSINESS ITEM Item: 18.2 Originating Officer: Marc Salver, Director Strategy & Development Responsible Director: Marc Salver, Director Strategy & Development Subject: Adelaide Hills Region Waste Management Authority
update and consideration of Options
Adelaide Hills Region Waste Management Authority update and consideration of Options - Exclusion of the Public
Moved Cr S/- Cr
Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public, except:
CEO, Andrew Aitken
Director Strategy & Development, Marc Salver
Director Corporate Services, Tim Piper
Director Community & Customer Service, David Waters
Manager Governance & Risk, Lachlan Miller
Minute Secretary, Pam Williams
be excluded from attendance at the meeting for Agenda Item 17.2 Adelaide Hills Region Waste Management Authority (AHRWMA) update and consideration of Options. The Council is satisfied that, pursuant to sections 90(3)(b), (d) and (i), the information to be received, discussed or considered in relation to the Agenda Item is:
(b) information the disclosure of which —
(i) could reasonably be expected to confer a commercial advantage on a person with whom the Authority is conducting, or proposing to conduct, business, or to prejudice the commercial position of the Authority; and
(ii) would, on balance, be contrary to the public interest;
(d) commercial information of a confidential nature (not being a trade secret) the disclosure of which— (i) could reasonably be expected to prejudice the commercial position of the
person who supplied the information, or to confer a commercial advantage on a third party; and
(ii) would, on balance, be contrary to the public interest;
(i) Information relating to actual litigation, or litigation that the council or council committee believes on reasonable grounds will take place, involving the council or an employee of the council; -
because the Council is to consider an offer from a competitor with regard to where to take its waste stream, and to consider the long term implications and options in relation to the Regional Waste Management Authority of which it is a member, and due to the fact that the competitor has initiated legal proceedings against the aforementioned Authority. In addition the disclosure of this information would, on balance, be contrary to the public interest. The public interest in public access to the meeting has been balanced against the public interest in the continued non-disclosure of the information. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because consideration of the item in a public forum would disclose the details of the commercial offer and legal action which may prejudice the Regional Waste Management Authority’s case.
Adelaide Hills Council Meeting 22 April 2014 Adelaide Hills Region Waste Management Authority update and consideration of Options – CONFIDENTIAL ITEM
6. Adelaide Hills Region Waste Management Authority update and consideration
of Options – Period of Confidentiality
Moved Cr S/- Cr That having considered Agenda Item 17.2 in confidence under section 90(2) and (3)(a) of the Local Government Act 1999, the Council, pursuant to section 91(7) of that Act orders that the documents, reports and minutes pertaining to this matter, including discussions and considerations, be retained in confidence until the legal action has been concluded, but no longer than 12 months, pursuant to section 91(9).
Adelaide Hills Council – Ordinary Council Meeting 22 April 2014 Cemeteries Advisory Group appointment of independent members
Page 1
ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING
Tuesday 22 April 2014 AGENDA BUSINESS ITEM
Item: 18.3 Originating Officer: David Waters, Director Community & Customer
Service Responsible Director: David Waters, Director Community & Customer
Service Subject: Cemeteries Advisory Group appointment of
independement members
1. Cemeteries Advisory Group appointment of independent members – Exclusion of the Public
Pursuant to Section 90(2) and (3)(a) of the Local Government Act 1999, an order be made that the public, with the exception of appropriate Council staff:
CEO, Andrew Aitken
Director Strategy & Development, Marc Salver
Director Corporate Services, Tim Piper
Director Community & Customer Service, David Waters
Manager Governance & Risk, Lachlan Miller
Minute Secretary, Pam Williams be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to Section 90(3):
(a) Information the disclosure of which would involve the unreasonable
disclosure of information concerning the personal affairs of any person (living or dead).
The Council is satisfied that, pursuant to section 90(3)(a) of the Act, the information to be received, discussed or considered in relation to the Agenda Item is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead), because it would disclose the personal details of candidates who have expressed an interest to be on the Advisory Group. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because consideration of the item in a public forum would unreasonably disclose the personal details of candidates who have expressed an interest to be on the Advisory Group.
Adelaide Hills Council – Ordinary Council Meeting 22 April 2014 Cemeteries Advisory Group appointment of independent members
2. Cemeteries Advisory Group appointment of independent members – Period of Confidentiality
Moved Cr S/- Cr
That having considered this matter in confidence under section 90(2) and 90 (3) (a) of the Local Government Act 1999, the Council, pursuant to section 91(7) of the Local Government Act 1999, orders that the documents, reports and minutes pertaining to this matter, including discussions and considerations, be retained in confidence until the appointments have been confirmed, but not longer than 12 months, pursuant to section 91(9). That, pursuant to section 91(9)(c) of the Local Government Act 1999, the Chief Executive Officer be authorised to release documents at the conclusion of the period of confidentiality.
Page 1
ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING
Tuesday 22 April 2014 AGENDA BUSINESS ITEM
Item: 18.4 Originating Officer: Mike Flehr, Senior Strategic & Policy Planner Responsible Director: Marc Salver, Director Strategy & Development Subject: Local Heritage DPA – Stage One – endorsement of
new Statement of Intent
Endorsement of the new Statement of Intent for Council’s Local Heritage DPA – Stage One - Exclusion of the Public
Moved Cr S/- Cr
Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public, except:
CEO, Andrew Aitken
Director Strategy & Development, Marc Salver
Director Corporate Services, Tim Piper
Director Community & Customer Service, David Waters
Manager Governance & Risk, Lachlan Miller
Minute Secretary, Pam Williams
be excluded from attendance at the meeting for Agenda Item 18.4: Endorsement of a new Statement of Intent for Council’s Local Heritage DPA – Stage One. The Council is satisfied that, pursuant to section 90(3)(m) of the Act, the information to be received, discussed or considered in relation to the Agenda Item is information the disclosure of which would unreasonable in terms of:
a) their commercial impact on property values or development intentions of buildings and other types of heritage place to potentially be included on Table AdHi/2 of the Adelaide Hills Council Development Plan as a result of Council’s Local Heritage DPA; and,
b) information from draft Development Plan Amendments can only be made public after the Minister for Planning has approved the draft DPA for public consultation.
The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because consideration of the item in a public forum would disclose the sensitive information relating to properties with potential to be included in the Local Heritage list noted above.
Adelaide Hills Council – Ordinary Council Meeting 22 April 2014 Local Heritage DPA Stage 1 Endorsement of new Statement of Intent
Page 4
5. Local Heritage DPA – CONFIDENTIAL ITEM – Period of Confidentiality That having considered Agenda Item 18.4 in confidence under section 90(2) and (3)(m) of the Local Government Act 1999, the Council, pursuant to section 91(7) of that Act orders that the documents, reports and minutes pertaining to this matter, including discussions and considerations, be retained in confidence until the Council’s Local Heritage Development Plan Amendment has been made available for public consultation by the Minister for Planning, pursuant to section 91(9).