MINUTES OF THE ORDINARY MEETING OF THE DisTRicr COUNCIL OF MALLALA

HELD IN THE MALLALA COUNCIL CHAMBERS, REDBANKS ROAD, MALLALA ONTUESDAY 1.0 MARCH 201.5, COMMENCINGAT7:00PM

I Di^t"ichCoun, ilofM^11^I^

AnENDANCE

Present

Mayor D Kennington (Mayor) and Crs T Keen, E Stubing, M Lawrence,P Daniele, B Summerton, S Strudwicke, K MCColl, S iones, A Picard and MessrsP Sellar (Acting Chief Executive Officer), G Mavrinac (General Manager,Infrastructure and Planning Services), and Mrs A Humphrys (MinuteSecretary).

Councillors ApologiesNil

Councillors Absent

Nil

1.2

1.3

12939

CONFIRMATION OF MINUTES

Moved Cr Summerton Seconded Cr Lawrence

"that the minutes of meeting held on Monday 23 February 201.5 (MB Folios1,293i. to 1,2938, inclusive), be accepted as read and confirmed. "

CARRIED

3.

3.1

BUSINESS ARISING

NO Business Arising

4.

4. I

DECLARATION OF MEMBERS'INTEREST

NO Declaration of Members'Interest

(2005/051)

\

,O March 2015

OPEN FORUM

The Mayor sought leave of the meeting to suspend Part 2 of the LocalGovernment (Procedures at Meetings) Regulations 201.3 for 'Open Forum'. Themeeting was suspended at 7.01 pm.

Dean Cook Monolo

. Sealrehabilitation throughout the township of Mallala post CWMS and thetrees cut down adjacent to the property of 25 Adelaide Road, Mallala,

Meeting resumed at 7.03 pin

BRIEFINGS

Zone Emergency Management Committee ZEMC- Regional Risk Planning fortheBarossa Zone - Martin McCarthy CEO Barossa Council and Chair Barossa ZEMCand Bridgett Leopold, Zone Emergency Management Project Officer(SAFECOM)

7.

7.1.

MINUTESAND ORRECOMMENDATIONS

7, I. I

Facilities and Infrastructure Advisory Committee

Minutes from meeting held 17 February 2015 (COM2/1102)

7.2

12940

7.2. ,.

Environmental Management Advisory Committee

NO Minutes

7.3

7.3. I

Strategic Planning and Development Policy Committee

NO Minutes

7.4

7.4. ,.

Council Development Assessment Panel

NO Minutes

7.5

7.5. ,.

Gawler River Flood Management Authority

Minutes from meeting held 18 February 2015 (COM2/314)

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10 March 2015

8.

8, I

8.1.1

UESTIONSWHICH NOTICE HASBEEN GIVEN

Questions on Notice

Compliance - Officer and Inspectorate Role (CONi. 21537)

Preamble

Question I:

o

In the Council Agenda of 9 February 201.5, 1.2.2.1 InfrastructureServices Activity, graph report under heading Compliance, showscolumn ERD Court from July 201.4 to January 201.5, a total of 28referrals, approximately one per week.

What costs to Council have been incurred over the last 12 months in

regard to these actions?

The monthly compliance figures showing ERD Court related matters doriot represent the number of new matters proceeding to the Courteach month, Rather, the figure indicates the current number of mattersremaining within the court system at the end of each month. Forexample in September and October 20.4 there were 5 mattersoutstanding in the ERD Court at the end of each month, riot 1.0 newmatters.

Recent legal costs to Councilinvolving ERD Court action are as follows:

20/3/2014 financial year- $45,05620/4/20L5 financial year to date - $38,405

What percentage increase do these actions represent compared from20, .0 calendaryear?

Please give percentage overview of differing nature of what theseactions represent.

In 201.0, Council did riot have a dedicated compliance role andtherefore there are no costings on ERD Court related compliancematters.

1.00% of compliance related costs (apart from Compliance Officerwages) are those associated with the provision of legal services toCouncil, e. g. legal advice and preparation of ERD Court andDevelopment Act documentation, and attendance at Court.

Could any of these actions have been resolved negating the ERD Courtreferral?

No - Council staff seek to resolve matters outside of the ERD Court

wherever possible, however in some instances court action is the onlyremaining alternative.

Is it correct the Compliance Officer duties consist of 90% complianceand to% planning?

Answer:

Question Z:

o

1294,

Answer:

Question 3:

Answer:

Question 4:

10 March 2015

Answer: Compliance Officer duties vary constantly depending on the number ofcompliance matters being investigated and the number of matterswithin the ERD Court system,

An integral part of the Compliance Officer role involves developing andmaintaining an adequate understanding of Council's Development Plan,the Development Act 1993, and Development Regulotions 2008.Planning based opportunities including development assessment andthe processing of development related customer enquiries are offeredwhere possible to complement and assist in the development of andunderstanding of the compliance function.

Could the Compliance Officer role include a coastal inspectorate roleg: illegal off road use on Councillands, in particular coastal areaunder Council care and control?

The Compliance Officer function is restricted to matters arisin fromnon-compliancewiththeDevelopmentAct1993, C)Illegal land uses and building work on private land have the potential tosignificantly impact on other Council residents, and need to beefficiently and effectiveIy investigated wherever possible, andsometimes at short notice.

Often, compliance related matters require a significant amount ofinvestigation, requiring detailed documentation, to determine theextent of non-compliance. The legal concept of 'fact and degree' isoften used when investigating issues of non compliance. Investi ationscan also sometimes be hindered when complainants wish to remainanonymous and language barriers are evident.

The predicted future growth of the district will also likel lead toincreases in compliance related matters resulting from illegal buildingwork and use of private property.

Important opportunities also still exist to further develop the currentrole in the provision of information and education to local residents.For example with issues relating to flooding, hothouse development,animal keeping, etc.

If the Compliance Officer role could include a coastal iris ectoraterole, in respect of allillegal activity on alllands under Council care andcontrol, how could that be initiated, could by-laws be enforced andfines imposed in respect of illegal off road use?

The Compliance Officer role was created to focus on Develo merit Actrelated matters.

An independent coastal inspectorate role wouldinvestigation and funding.

Question 5:

Answer:

12942

Question 6:

Answer:

o

require separate

10 March 2015

Category 3 Application - 210 Hayman Road (COM2/537)

Preamble An application dated 25 February 2014 by the District Council Mallalafor a Category 3 Development at Lot 3, 210 Hayman Road, Lewiston,namely a variation to development authorization 31.21, .99120, .Oremoval of Development Plan condition 3 to allow relocation ofplayground vehicular access/egress point from Hayman Road toPederick Road, and relocation of car park in Animal Husbandry Zone.

What 1sthe motivation for removal of Development Plan (3) Three?

Community safety following an accident at the car park entrance onHayman Road. A Traffic Assessment Report (Feb 201.5) rioted that"With the entranceway located opposite Pederick Road it is creating asignificant conflict point between turning vehicles to and from thePlayground and Pederick Road and the relatively high speed traffic onHayman Road". To improve safety, the report states "Although riot inaccordance with the ERD Court conditions, the preferred entrancewaylocation is approximately 70 metres along Pederick Road (south) fromHayman Road. At this location vehicle speeds are relatively low due tothe closeness of the T-junction",

Who made the decision?

Question L:

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Answer:

Question Z:

Answer:

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12943

Question 3:

Answer:

Council Administration

Wasthere any collective consensus, itso by whom priorto decision tosubmit application?

Council Administration after consideration of the factors contributingto the accident. As a consequence, Council Administration has chosento take action to seek amendment to the conditions on the basis of the

improvement to road safety detailed in the traffic report.

As with any consent issued, an applicant can at anytime lodge a newapplication to vary elements of the original approved application,including conditions of consent. This also applies to applications wherethe consent paperwork has been issued by the court.

Was there any lobbying from Elected or Community members toCouncil staff prior to decision to submit an application for removal ofDevelopment Plan (3) Three?

No. Council Administration sought to be pro active in eliminating ahazard at this location that has the potential to cause a fatality. The

Question 4:

Answer:

10 March 2015

Question 5:

final decision to relocate the access point is subject to community inputas part of the development application process (Category 31 and adecision by Council's Development Assessment Panel, and possibleappeal to the ERD Court.

What will the total cost of relocation of access/egress and associatedcar park?

Full cost of relocating the access/egress are minor as the previous

entrance proposed is still present on Pederick Road including theculvert. A cost estimate cannot be provided at this stage due to staffannual leave. The cost for the car park upgrade is approximately$13,500.

Why wasthis riot initially a budget consideration?

Answer:

Question 6:

Answer: The car park upgrade is funded equally by Council and the Local C)Government Stimulus Program grant. The funding was budgeted forand approved by Councilforthe matching funds to complete stage one,

Owing to considerable controversy and media coverage of the originaldevelopment approval for 2, .0 Hayman Road and lack of initial publicconsultation, why was the decision to submit an application forremoval of the negotiated condition of Development Plan (3) Threeriot considered by Council to ensure transparency and accountabilityof process?

See answers to Questions I and 4. As a Category 3, all members of thepublic will have an opportunity to provide a representation for/againstthe proposal. Any person who lodges a submission in relation to thenew application will have appeal rights against a decision made byCouncil's Development Assessment Panel. This is the only situation <)where the new application would need to go to the ERD Court.

Category 3 Application -210 Hayman Road (COM2/537)

At this juncture, 7.47 pm, Crs Summerton, Lawrence and Daniele left thechamber having declared an interest in the Category Three DevelopmentApplication 21.0 Hayman Road, Lewiston being current members of theCommunity Development Assessment Panel.

Moved Cr MCColl Seconded Cr Picard

"that a report be brought back to Council in regard to issues surrounding theDevelopment Application for 21.0 Hayman Road, Lewiston. "

CARRIED (2015/052)

At this juncture, 7.54 pin, Crs Summerton, Lawrence and Daniele returned to thechamber.

Question 7:

Answer

42944

10 March 2015

8.2

8.2. I

Notice of Motion

NO Notice of Motion

UESTIONSWHICH NOTICE HAS NOTBEEN GIVEN

Rules rom LocolGovemmentAct1999 Re urntions:-

Questions and replies are not entered in the minute book unless expressly

required by resolution.

No debate shall be allowed on any question orreply to any question.

1.0.

10.1

PETITIONS

NO Petitions

I, ..

11. I.

DEPUTATIONS

NO Deputations

,. 2.

12. I

12.1. ,.

ITEMSFORNOTING INFORMATION ACTIVITYREPORTS

Itemsforlnformation I Noting

NO Items for Information I Noting

12945

12.2

12.2. I

Activity Reports

Infrastructure Services Activity Report (CON, .211,191)

Seconded Cr Stubing

"that the Council, having considered Item 12.2, ,. Infrostructure Services ActivityReport dated 1.0 March 201.5, receive the report. "

Moved Cr Summerton

12.2.2 Planning Services Activity Report (CONL2/1191)

Moved Cr Strudwicke Seconded Cr Summerton

"that Council, having considered Item 12.2.2 Pionning Services Activity Reportdated 10 March 201.5, receive the report. "

CARRIED (2005/053)

CARRIED (2005/054)

10 March 2015

12.2.3 Development Plan Amendment Activity Report(CON12/248)

Moved Cr MCColl Seconded Cr Summerton

"that Council, having considered 12.2.3 Development Pion Amendment ActivitReport dated 10 March 201.5 receive the report, "

,. 3.

1.3. I

ITEMS FOR DECISIONS

Gawler River Floodplain Management Authority - Amendment to Charter(CON12/314)

Moved Cr Picard Seconded Cr Strudwicke

"that the Council, having considered Item 1.3. I Gowler River Flood loinMonogement Authority - Amendment to Chorter dated 1.0 March 201.5, acce t

the proposed amendmentsto the Board's Charter in regardsto the appointment CDof the chairperson. "

12015/0561

Section 41 Council Committee Terms of Reference Review (CON12/1,199)

Moved Cr Summerton Seconded or Strudwicke

"that the Council having considered Item 13.2 Section 41 Council CommitteeTerms of Reference Review dated 1.0 March 201.5, adoptthe Terms of Referenceforthe Environmental Management Advisory Committee "

CARRIED (2015/057)

12946

CARRIED

Moved Cr MCColl Seconded Cr Strudwicke

"that the Council having considered Item 1.3.2 Section 42 Council Committee C)Terms of Reference Review dated 1.0 March 201.5, adoptthe Terms of Referenceforthe Community Development Advisory Committee "

(2015/055)

Moved Cr Summerton Seconded Cr Daniele

"that the Council having considered Item 13.2 Section 4Z Council CommitteeTerms of Reference Review dated 10 March 201.5, adoptthe Terms of Referencefor the Economic and Infrastructure Advisory Committee with a change to thenumber of Elected Members be increased from two to three. "

CARRIED (2015/059)

CARRIED

Division

Councilloriones called a Division

CARRIED 12015/0581

10 March 20.5

Those voting in the affirmative are Crs Strudwicke, MCColl, Summerton, Daniele,Stubing and Keen

Those voting in the negative are Crs iones, Lawrence and Picard

Seconded or MCCollMoved Cr Keen

"that the Council having considered Item 1.3,2 Section 41 Council CommitteeTerms of Reference Review dated 10 March 201.5, adoptthe Terms of Referenceforthe Animal Management Advisory Committee with a change to the numberof Elected Members be increased from two to up to four, and membership toinclude one independent owner of other animals and one horse ownerrecognised by a controlling body. "

o Moved or MCColl Seconded Cr Keen

that the Council having considered Item 13.2 Section 41 Council CommitteeTerms of Reference Review dated 1.0 March 201.5, adoptthe Terms of Referenceforthe Mallala and Districts Homes Committee. "

Strategic Planning and Development Policy Committee (CON1.4135)

Seconded Cr LawrenceMoved Cr Strudwicke

"that Council, having considered Item 13.3 Strotegic Pionning grid DevelopmentPolicy Committee dated 10 March 2015, endorse the Terms of Reference fortheStrategic Planning and Development Policy Committee".

12947

Seconded Cr PicardMoved Cr Summerton

"that Council, having considered Item 13.3 Strategic PIOnning ond DevelopmentPoffcy Committee dated 10 March 201.5, endorse that the meetings of theStrategic Planning and Development Policy Committee be incorporated within anOrdinary meeting of Council as required. "

CARRIED (2005/060)

CARRIED (2015/06L)

CARRIED (2005/062)

CARRIED (2015/063)

10 March 2015

13.4 Local Emergency Risk Management Project Funding (CON1.21593)

Moved Cr Strudwicke Seconded Cr Lawrence

"that the Council having considered Item 13.4 Locol Einerenc Ri^kMonogement Project Fund^^g endorse the Local Emergency Risk Maria ementProject and agree to allocate $15,000 of funding over a two year period toimplement the regional project. "

Dog Registration - Fee Schedule 2015-2016 (CON12/1204)

Moved Cr Summerton Seconded Cr Strudwicke

"that Council, having considered Item 13.5 Dog Registrotion - Fee Sched I2015-2016 dated 10 March 201.5, adoptthe increased Dog Registration fees"

LOST (2015/065)

,. 4.

1.4. I

URGENTBUSINESS

NO Urgent Business

1.5.

15.1

CONFIDENTIALITEMS

Mallala Community Hospital Incorporated (CON, .5121

Moved Cr Lawrence Seconded Cr Summerton

"that Council, having considered Item 15.1 Confidentiol - Monolo CoinmunitHospitol/ncorporoted, dated 1.0 March 201.5, and pursuantto Sections 90(2) and90(3)(d) and 90(3)(h) of the Local Government Act 1999, orders that the publicbe excluded from the meeting, with the exception of the Acting Chief ExecutiveOfficer, General Manager Infrastructure and Planning, and the Minute Secretar ,Kerry Heym, Peter irish, Cheryl Chenoweth, Debra Hooper (Mallala CommunityHospital Incorporated Board Members) as the matters pertaining to Report 15.1Confidentiol- Mono/o Community Hospito/Incorporoted dated 1.0 March 2015are subjectto legal advice being provided. "

12948

CARRIED (ants/064)

The Mayor sought leave of the meeting to suspend Part 2 of the LocalGovernment (Procedures at Meetings) Regulations 2013 for 'Discussion', Themeeting was suspended at 9.07 pin.

The meeting resumed at 9.57 pin

.

CARRIED

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(2015/066)

10 March 2015

Moved Cr Strudwicke Seconded Cr Keen

"that Council, having considered Item 15.1 Confidential - Mallala CoinmunitHospital Incorporated, dated 1.0 March 2015, adjourn this matter to becontinued as an item on the agenda for the special council meeting dated 1.6March 201.5. "

(20L5/067)

.

Moved Cr Keen Seconded or Summerton

"that Council, having considered Item 1.5. ,. Confidential - Mallala CommunityHospital Incorporated, dated 1.0 March 201.5, that pursuant to Sections 91(7) and(9) of the Local Government Act 1999, the Council orders that the report and theinformation by way of the subject Report 15.1 Confidentiol- Monolo CommunityHospitol/ncorporoted dated 1.0 March 201.5 and associated documents, remainconfidential and riot available for public inspection until resolved by Council "

(2015/068)CARRIED

CLOSURE

There being no further business, the Mayor declared the meeting closed at 10.06pin.

12949

CARRIED

Confirmed as a true record.

Mayor:.. \...,*....,.., .. mm

hare^:I;^_/_:^./ I

., ..,

10 March 2015

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