The Creighton Report

Wagga Wagga Report
(i) Southern Joint Regional Planning Panel 20 February 2018
The Interlink development application was referred to the Southern Joint Regional Planning
Panel and was considered at a meeting held on 20 February 2018. Councillor Kendall was
a member of the Panel and is on record to have attended the meeting and considered and
voted in favour of a grant of development consent. 48
However, there is no record in the minutes of the meeting that Councillor Kendall disclosed
his beneficial interest in The Mill Executive Apartments Pty Ltd. The close physical proximity
of Councillor Kendall’s company to The Mill site, coupled with a company name which had
a likeness to The Mill, reasonably indicates that Councillor Kendall may have had a
reasonable likelihood or expectation of appreciable financial gain when he considered and
voted in favour to approve the development application. He may therefore have had a
conflict of interest.
Councillor Kendall had previously declared a non-pecuniary interest at the Ordinary Council
Meeting held on 29 August 2011 over Council’s consideration of The Wagga Wagga Mill
Masterplan because ‘there was a good likelihood that he would be undertaking paid work
on the Wagga Wagga Mill project’. 49
(2) Wagga Wagga Air Hangar Pty Ltd
Councillor Kendall was the sole director and shareholder of Wagga Wagga Air Hangar Pty
Ltd from its incorporation on 3 May 2005 through to 18 October 2016. 50 During this time the
company’s Principal Place of Business was Wagga Wagga Airport, Forest Hill, New South
Wales.
He had declared his position and beneficial interest in the company in his PI returns from
2009/10 to 2015/16. He stated that the company’s Principal Objects of Corporation was
property investment. A search of the NSW Lands Register found no dealings (purchases,
sales or registered leases). No other information about the company’s activities has been
ascertained.
(i) Extraordinary Meeting of Council 19 December 2011
Douglas Aerospace Pty Ltd (Douglas Aerospace) is an aircraft refurbishment company
servicing the aviation industry including the general, corporate, commercial and military
sectors. It was based in Tocumwal. On 27 July 2011 the company lodged a development
application for the construction of a dual hangar, workshop and office complex of
approximately 4,900sqm (DA11/0361). This had an expected value of $3,764,565. The
proposed location of the development was at the Wagga Wagga Airport’s Commercial
Aviation Precinct, Precinct 2A, at 140 Elizabeth Avenue, Forest Hill. The application was
approved by delegation on 10 November 2011. 51
48
Southern Joint Regional Planning Panel, 'Determination and Statement of Reasons DA17/0663 at 50
Edward St, Wagga Wagga’ (20 February 2018) (Attachment 50).
49
WWCC, ‘Minutes of the Ordinary Meeting of Council’ (29 August 2011) pp 3, 15 (Attachment 51).
50
Wagga Wagga Air Hangar Pty Ltd ASIC Extract (Attachment 52).
51
WWCC, ‘Section 79C Report for Development Application DA11/0361’ (11 November 2011) (Attachment
53).
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