At the Extraordinary Meeting of Council on Wed 30 October Ku-ring-ga Council will discuss their legal case against the TOD SEPP. Even though it will be discussed as Confidential Business it is important to have as many residents viewing the debate in the Council Chambers.

C.1          Land and Environment Court of NSW – TOD SEPP

File: S14468

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2)(g), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(g) of the Act permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

This matter is classified confidential under section 10A(2)(g) because it contains advice concerning a legal matter that:

(a)        is a substantial issue relating to a matter in which the Council is involved

(b)        is clearly identified in the advice, and

(c)        is fully discussed in that advice.

It is not in the public interest to release details of the legal advice as it would prejudice Council’s position in court proceedings.

Report by General Manager