notice of meeting - amazon s3€¦ · council, 7/07/2017 motion no: 2017:07:255 council, 13/12/2016...

NOTICE OF MEETING

TO: Chairperson: Cr Kevin Fischer Deputy Cr David Hughes Council Members: Mayor Karen Redman

Deputy Mayor Ian Tooley Cr Paul Koch Cr Merilyn Nicolson Cr Adrian Shackley Cr Robin Symes

NOTICE is hereby given pursuant to the provisions of Section 87(4) of the Local Government Act, 1999, that the next meeting of the Town of Gawler Infrastructure & Environmental Services Committee for the will be held in the Conference Room, Town of Gawler Administration Centre, 43 High Street, Gawler East, Thursday 30 November 2017 at 7.00pm

A copy of the Agenda for the above meeting is supplied as prescribed by Section 87(8) of the said Act.

.....................................

Henry Inat Chief Executive Officer 24 November 2017

Meeting of the Infrastructure & Environmental Services Committee to be held on Thursday 30 November 2017 at 7.00pm in the Conference Room, Town of Gawler Administration Centre, 43 High Street, Gawler East.

A G E N D A

1. Statement of Acknowledgement

Chair – “We would like to acknowledge this land that we meet on today is the traditional lands for the Kaurna people and that we respect their spiritual relationship with their country. We also acknowledge the Kaurna people as the custodians of the greater Adelaide region and that their cultural and heritage beliefs are still as important to the living Kaurna people today.”

2. Attendance Record

2.1 Roll Call 2.2 Apologies 2.3 Motions to grant Leave of Absence 2.4 Leave of Absence 2.5 Non-attendance

3. Deputations / Public Open Forum

4. Officer Reports Page No.

4.1 Public Hearing – Gawler East Structure Plan Development Plan Amendment

3

4.2 Public Hearing – Commercial and Rural Areas Development Plan Amendment

5. Questions Without Notice

6. Motions Without Notice

7. Confidential Reports

7.1 Legal Agreements – Evanston Gardens Development PlanAmendment (Privately Funded DPA)

7.2 Land Management Agreement – Commercial and Rural Areas Development Plan Amendment

8. Close

9. Next Ordinary Meeting Tuesday 5 December 2017 commencing at 7:00pm

TOWN OF GAWLER SPECIAL INFRASTRUCTURE & ENVIRONMENTAL SERVICES AGENDA

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REPORTS BY OFFICERS

Item Number 4.1

Title PUBLIC HEARING – GAWLER EAST STRUCUTRE PLAN DEVELOPMENT PLAN AMENDMENT

Date 30 November 2017

Author(s) David Petruzzella, Strategic Planner

Reference CC16/1403; CR17/55728; CR17/51745; CR17/58986; CR17/50945; CR17/54007; CR17/58037; CR17/58165; CR17/58498; CR17/58578; CR17/59076; CR17/59132; CR17/59171;

Previous Motion Council, 1/11/2017 Motion No: 2017:09:300

Council, 7/07/2017 Motion No: 2017:07:255



Attachment/s Under Separate Cover

1. Stephan Knoll MP – Member for Schubert Submission

2. Springwood Communities Submission

3. APA Group Submission

4. Light Regional Council Submission

5. SA Power Networks Submission

6. M.A. and G.M. Lee-Gunkel Submission

7. SA Water Submission

8. Renewal SA Submission

9. Natural Resources – Adelaide and Mt Lofty Ranges Submission

10. Environment Protection Authority Submission

11. Department of Planning Transport and Infrastructure

Deputations will be made by:

Stephan Knoll MP Member for Schubert and Karen McColl Springwood Communities

OFFICER’S RECOMMENDATION Item 4.1– Public Hearing – Gawler East Structure Plan Development Plan Amendment (CC16/1403)

That the Infrastructure & Environmental Services Committee Pursuant to Section 25 (11)(c) of the Development Act 1993 receive and consider the public and agency submissions and deputations made in relation to the Gawler East Structure Plan Development Plan Amendment (DPA).


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BACKGROUND At a Special Council Meeting on 19 September 2017 a report was presented recommending the Infrastructure and Environmental Services Committee be appointed as the relevant committee Pursuant to Section 25 (11)(c) of the Development Act 1993, to consider any public representations made and provide advice to the Council in relation to any representations. As a result the following motion was adopted:

Moved by Cr K Fischer Seconded by Cr D Hughes Motion No: 2017:09:300 That:-

1. The Committee Appointment for Gawler East Structure Plan Development Plan Amendment Community Consultation report be noted.

2. Pursuant to Section 25 (11)(c) of the Development Act 1993, the Infrastructure and Environmental Services Committee be appointed as the committee to consider any public representations made in relation to the Gawler East Structure Plan Development Plan Amendment (DPA).

As stated earlier this public hearing is a legislative requirement under the Development Act 1993 and provides an opportunity for community members to voice their concerns and opinions to the nominated committee. This meeting is not a forum for debate. COMMENTS/DISCUSSION The community consultation period for the Gawler East Structure Plan DPA was open from Tuesday 26 September 2017 until Tuesday 21 November 2017. The following community members provided written submissions and have requested to make a representation at tonight’s meeting to further clarify their stance in regards to the Gawler East Structure Plan DPA:

1. Stephan Knoll MP – Member for Schubert (Attachment 1) 2. Karen McColl – Light electorate candidate (Attachment 1) 3. Springwood Communities (Attachment 2)

Council has also received submissions from the following individuals and Government organisations for the committee’s consideration:

4. APA Group (Attachment 3) 5. Light Regional Council (Attachment 4) 6. SA Power Networks (Attachment 5) 7. M.A and G.M Lee-Gunkel (Attachment 6) 8. SA Water (Attachment 7) 9. Renewal SA (Attachment 8) 10. Natural Resources – Adelaide and Mt Lofty Ranges (Attachment 9) 11. Environment Protection Authority (Attachment 10) 12. Department of Planning Transport and Infrastructure (Attachment 11)

Following the public hearing Council administration will consider all submissions and prepare a ‘Summary of Consultation and Proposed Amendments (SCAPA) Report’ which will presented to Council at a future meeting.


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COMMUNICATION (INTERNAL TO COUNCIL)

Chief Executive Officer Manager Development, Environment and Regulatory Services Senior Development and Strategic Policy Officer Strategic Planner

CONSULTATION (EXTERNAL TO COUNCIL)

All future public consultation relating to this particular DPA will be pursuant to Section 25 of the Development Act 1993 and in accordance with the Statement of Intent.

POLICY IMPLICATIONS

The eventual outcome of the proposed Statement of Intent and Development Plan Amendment will have an impact upon Council’s Gawler (CT) Development Plan and its policies pertaining to the development of the Gawler East area.

STATUTORY REQUIREMENTS

The statutory requirements relating to all DPA’s are outlined in Section 25 of the Development Act 1993.

FINANCIAL/BUDGET IMPLICATIONS

There are no financial implications for Council in relation to this report.

COMMUNITY PLAN

Objective 2.1: Physical and social infrastructure to match population growth; Objective 2.2: Growth to be respectful of cultural and built heritage; Objective 4.1: Create and maintain a riverine environment that reflects the social,

cultural and landscape values of the river corridor; Objective 4.2: Support development that respects the environment and considers the

impacts of climate change;


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REPORTS BY OFFICERS

Item Number 4.2

Title PUBLIC HEARING – COMMERCIAL AND RURAL AREAS DEVELOPMENT PLAN AMENDMENT


Author(s) David Petruzzella, Strategic Planner

Reference CC16/282; CR17/55740; CR17/56814; CR17/55974; CR17/50945; CR17/54006; CR17/58497; CR17/58795; CR17/59035; CR17/59125; CR17/59172

Previous Motion Council, 1/11/2017 Motion No: 2017:09:299

Council, 18/07/2017, Motion No. 2017:07:240

IES, 4/07/2017 Motion No: 2017:07:34





Attachment/s Under Separate Cover

1. Peter Kittle Motor Company Submission

2. Tony Virgara Submission

3. APA Group Submission

4. Light Regional Council Submission

5. SA Water Submission

6. Natural Resources – Adelaide and Mt Lofty RangesSubmission

7. Environment Protection Authority Submission

8. Country Fire Service Submission

9. Department of Planning Transport and Infrastructure

Deputations will be made by: The Peter Kittle Motor Company (Deputation will be made by either a

representative of the Peter Kittle Motor Company or URPS) Tony Virgara (Deputation will be made by a representative from URPS)

OFFICER’S RECOMMENDATION

Item 4.2 – Public Hearing – Commercial and Rural Areas Development Plan Amendment (CC16/282)

1. That the Infrastructure & Environmental Services Committee Pursuant toSection 25 (11)(c) of the Development Act 1993 receive and consider thepublic and agency submissions and deputations made in relation to theCommercial and Rural Areas Development Plan Amendment (DPA).

2. That final consideration of the Development Plan Amendment is noted tooccur 12 December 2017 by Council.


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BACKGROUND At a Special Council Meeting on 19 September 2017 a report was presented recommending the Infrastructure and Environmental Services Committee be appointed as the relevant committee Pursuant to Section 25 (11)(c) of the Development Act 1993, to consider any public representations made and provide advice to the Council in relation to any representations. As a result the following motion was adopted:

Moved by Cr K Fischer Seconded by Cr D Hughes Motion No: 2017:09:299 That Council:- 1. Endorse the Draft Commercial and Rural Areas Development Plan

Amendment for public and agency consultation in accordance with the agreed Statement of Intent.

2. Authorise the CEO to make amendments to the Commercial and Rural Areas Development Plan Amendment if requested by the Department of Planning Transport and Infrastructure and considered appropriate and of a minor nature prior to release for public and agency consultation.

3. Appoint the Infrastructure & Environmental Services Committee, pursuant to Section 25 (11)(c) of the Development Act 1993, to consider any public representations made in relation to the Commercial and Rural Areas Development Plan Amendment (DPA) given it will be released for public and agency consultation.

4. Following public consultation, and prior to presenting the Commercial and Rural Areas DPA to the Minister for Planning for authorisation, an Infrastructure Agreement be negotiated with the Peter Kittle Motor Company for the provision of any infrastructure required to support the intended use and that an associated Land Management Agreement (or such other legally binding document) be entered into limiting the development of the land to a Car Dealership, Car Service Facility and Car Distribution Centre.

As stated earlier this public hearing is a legislative requirement under the Development Act 1993 and provides an opportunity for community members to voice their concerns and opinions to the nominated committee. This meeting is not a forum for debate. COMMENTS/DISCUSSION The community consultation period for the Commercial and Rural Areas DPA was open from Tuesday 26 September 2017 until Tuesday 21 November 2017. The following community members provided written submissions and have requested to make a representation at tonight’s meeting to further clarify their stance in regards to the Commercial and Rural Areas DPA:

1. Peter Kittle Motor Company (Attachment 1) (Deputation will be made by either a representative of the Peter Kittle Motor Company or URPS)

2. Mr Tony Virgara (Attachment 2) (Deputation will be made by a representative from URPS)


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Council has also received submissions from the following individuals and Government organisations for the committee’s consideration:

1. APA Group (Attachment 3) 2. Light Regional Council (Attachment 4) 3. SA Water (Attachment 5) 4. Natural Resources – Adelaide and Mt Lofty Ranges (Attachment 6) 5. Environment Protection Authority (Attachment 7) 6. Country Fire Service (Attachment 8) 7. Department of Planning, Transport and Infrastructure (Attachment 9)

Following the public hearing Council administration will consider all submissions and prepare a ‘Summary of Consultation and Proposed Amendments (SCAPA) Report’ which will presented to Council in December 2017. COMMUNICATION (INTERNAL TO COUNCIL) Chief Executive Officer Manager Development, Environment and Regulatory Services Senior Development and Strategic Policy Officer Strategic Planner CONSULTATION (EXTERNAL TO COUNCIL) All future public consultation relating to this particular DPA will be pursuant to Section 25 of the Development Act 1993 and in accordance with the Statement of Intent. POLICY IMPLICATIONS The eventual outcome of the proposed Statement of Intent and Development Plan Amendment will have an impact upon Council’s Gawler (CT) Development Plan and its policies pertaining to the development of the Gawler East area. STATUTORY REQUIREMENTS The statutory requirements relating to all DPA’s are outlined in Section 25 of the Development Act 1993. FINANCIAL/BUDGET IMPLICATIONS There are no financial implications for Council in relation to this DPA as it is a proponent funded DPA. COMMUNITY PLAN Objective 2.6: Local economic activity to create local job opportunities and generate

increased local wealth


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CONFIDENTIAL REPORTS BY OFFICERS

In accordance with Sections 83(5) and 84(6) of the Local Government Act, 1999 – the Chief Executive Officer considers that this item may be considered in confidence by the Council on the grounds set out below (and therefore will remain confidential until the Council resolves how this item is to be classified). A further written report will be considered by Members at the Meeting after the following recommendation is carried. OFFICER’S RECOMMENDATION Item 7.1 – Legal Agreements – Evanston Gardens Development Plan Amendment (CC14/574) That: 1. Pursuant to Sections 90(2) and 90(3)(h) of the Local Government Act 1999

(the Act), the IES Committee orders that the public be excluded from attendance at that part of this meeting relating to Item 7.1, excepting the following persons: Chief Executive Officer Manager Development, Environment & Regulatory Services Manager Infrastructure & Engineering Services Manager Library & Community Services Manager Finance & Corporate Services Manager Business Enterprises & Communications Minute Taker Senior Development and Strategic Policy Officer Strategic Planner

Item Number 7.1

Title LEGAL AGREEMENTS – EVANSTON GARDENS DEVELOPMENT PLAN AMENDMENT (PRIVATELY FUNDED DPA)


Author(s) Ryan Viney, Manager Development, Environment and Regulatory Services

Jane Strange, Senior Development and Strategic Policy Officer

David Petruzzella, Strategic Planner

Reference CC14/574; CR17/59506; CR17/59177; CR17/59383; CR17/59382; CR17/59381; CR17/59380;

Previous Reference/ Motion Council, 24/10/2017, Motion No: 2017:10:370;

Council, 22/11/2016, Motion No: 2016:11:470;




Council, 26/08/2014 Motion No: 2014:08:308;



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to enable the Council to consider Item 7.1 in confidence on the basis the Council considers it necessary and appropriate to act in a meeting closed to the public (excepting those persons listed above) in order to receive, discuss or consider in confidence the following information or matter relating to Item 7.1: (h) legal advice;

Specifically, the present matter relates to legal advice provided by Kelledy Jones Lawyers pertinent to Evanston Gardens Development Plan Amendment

2. Accordingly, on this basis, the principle that meetings of the Council should

be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential.


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CONFIDENTIAL REPORTS BY OFFICERS

In accordance with Sections 83(5) and 84(6) of the Local Government Act, 1999 – the Chief Executive Officer considers that this item may be considered in confidence by the Council on the grounds set out below (and therefore will remain confidential until the Council resolves how this item is to be classified). A further written report will be considered by Members at the Meeting after the following recommendation is carried. OFFICER’S RECOMMENDATION Item 7.2 – Land Management Agreement – Commercial and Rural Areas Development Plan Amendment (CC17/282) That: 1. Pursuant to Sections 90(2) and 90(3)(h) of the Local Government Act 1999

(the Act), the IES Committee orders that the public be excluded from attendance at that part of this meeting relating to Item 7.2, excepting the following persons: Chief Executive Officer Manager Development, Environment & Regulatory Services Manager Infrastructure & Engineering Services Manager Library & Community Services Manager Finance & Corporate Services Manager Business Enterprises & Communications Minute Taker Senior Development and Strategic Policy Officer Strategic Planner

Item Number 7.2

Title LAND MANAGEMENT AGREEMENT - COMMERCIAL AND RURAL AREAS DEVELOPMENT PLAN AMENDMENT


Author(s) Ryan Viney, Manager Development, Environment and Regulatory Services

Jane Strange, Senior Development and Policy Officer

David Petruzzella, Strategic Planner

Reference CC16/282; CR17/58419; CR17/58937;

Previous Reference/ Motion Council, 19/09/2017, Motion No. 2017:09:299


IES, 4/07/2017 Motion No: 2017:07:34






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to enable the Council to consider Item 7.2 in confidence on the basis the Council considers it necessary and appropriate to act in a meeting closed to the public (excepting those persons listed above) in order to receive, discuss or consider in confidence the following information or matter relating to Item 7.2: (h) legal advice;

Specifically, the present matter relates to legal advice provided by Kelledy Jones Lawyers pertinent to the site owned by the Peter Kittle Motor Company.

2. Accordingly, on this basis, the principle that meetings of the Council should

be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential.


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notice of meeting - amazon s3€¦ · council, 7/07/2017 motion no: 2017:07:255 council, 13/12/2016...

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