FOKE has concerns after reading the Minutes of the Confidential meeting on 30 October 2024 regarding Council’s legal action against the NSW Government’s TOD SEPP.

Why did it take one hour and forty minutes to debate this issue?

As recorded in the Minutes the voting went this way:

• A motion was put.
• An amendment was put.
• The Mayor used her casting vote.
• The amendment was lost.
• Debate resumed.
• Another amendment was put.
• This was carried unanimously and became the motion.
• This motion was then lost.
• Finally, because no decision was taken the motion lapsed.

Minutes of CONFIDENTIAL 1          
Land and Environment Court of NSW – TOD SEPP

MOTION: 
(Moved: Councillors Balachandran/Devlin)


That in relation to the matters in this report, Council adopt the content of the document marked “C1” and dated and initialed by the Mayor. 


AMENDMENT: 
(Moved: Councillors Ngai/Smith) 

That Council’s position in relation to the matters in this report has not changed since 13 August 2024. The Amendment was put. 

For the Amendment:              Councillors Ngai, Pettett, Smith, Ward and Wheatley 

Against the Amendment:       The Mayor, Councillor Kay, Balachandran, Devlin, Spencer and Taylor 

As there was an equality of votes, the Mayor exercised her casting vote against the Amendment and it was declared LOST. 

Debate resumed on the Motion. 

AMENDMENT: 

(Moved: Councillors Pettett/Smith)That this matter be deferred. 

The Amendment was put and declared CARRIED UNANIMOUSLY. 

The Amendment became the Motion. 

The Motion was put and declared LOST.  

For the Amendment:              Councillor Ngai 

Against the Amendment:       The Mayor, Councillor Kay, Balachandran, Devlin, Pettett, Smith, Spencer, Taylor, Ward and Wheatley

No decision was taken on this matter and therefore it lapsed. 

Council resolved to return to Open Council which was moved by Councillors Taylor and Smith and CARRIED UNANIMOUSLY.

Local Democracy FAILURE?

FOKE was disappointed that residents were excluded from hearing the formal announcement of the outcome of the Confidential meeting regarding NSW’s legal action against the TOD. Read more below:

FOKE was disappointed that residents were excluded from hearing the outcome of the Confidential meeting regarding Council’s legal action against the TOD at its meeting on 30 October 2024.

Residents were told to wait outside the Council building during the debate. 

Residents stood for one hour & forty minutes with no chairs offered.

The Council meeting formally closed at 8:56 pm BEFORE residents were invited back to hear the outcome of the Confidential meeting.

The Mayor gave her assurances that this procedural failing would not happen again.

Extraordinary Meeting Confidential Agenda item
C1 Land & 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