Minutes of the ordinary Council meeting - 25 September 2012

This report is submitted on a confidential basis as it involves information that
would, if disclosed, prejudice the maintenance of law. (Local Government Act 1993,
section 10A(2)(e))
On balance, the public interest in preserving the confidentiality of the information
which relates to matters of law, outweighs the public interest in openness and
transparency in council decision making by discussing the matter in open meeting.
1412 RBP
SUMMARY
Reporting that an existing dwelling that has been identified as being erected
without Development Consent.
2012. 308 RESOLVED: Moved: Cl. Green
Seconded: Cl. Gribbin
A
B
That Council invite the owner to submit a Development Application
for continued use of the building as a dwelling within twenty eight
(28) days of notice being given.
That the owner be advised that failure to comply with Council‟s
request within twenty eight (28) days, will result in Council
commencing Class 4 proceedings in the Land and Environment Court
to ensure compliance including an order as to Council‟s costs.
GOAL 5:
To Ensure Leadership and Effective, Efficient Accountable
Management
5.1 Various Legal Matters
Section 10A(2)(g) – Legal Proceedings
This report is submitted on a confidential basis as it involves advice concerning
litigation, or advice that would otherwise be privileged from production in legal
proceedings on the ground of legal professional privilege. (Local Government Act
1993, Section 10A(2)(g))
On balance, the public interest in preserving the confidentiality of the advice
outweighs the public interest in openness and transparency in Council decision
making by discussing the matter in open meeting.
SUMMARY:
Reporting on the current position regarding legal matters.
2012. 309 RESOLVED: Moved: Cl. Green
Seconded: Cl. Morris
That the information be noted.
OPEN COUNCIL
Kempsey Shire Council FULL TEXT Minutes Ordinary Meeting 25 September 2012 Page 92