2020-08-31 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                             31 AUGUST 2020


     The Council to respond by giving notice of decision under the Environmental Offset Act which
      states the way in which the entity is required to deliver the offset is by way of financial
      settlement offset. This is identified in item 1 schedule 1 of the Delivery Deed.
     These steps precede the execution of the deed by the parties.
     Under clause 4(a) of the Delivery Deed, (and after the development approval takes effect)
      the appellant must pay the amount of $1 to the Council prior to starting any clearing of koala
      habitat.
     The Council then within 20 days acknowledges the payment by the appellant and makes a
      financial contribution of $1,132,996.29 to the Council’s offset account to be held in trust in
      accordance with the Act’s requirements. The Council then provides the appellant with written
      confirmation of the contribution.
     Under clause 2.6 of the Delivery Deed, once these steps are implemented, it is
      acknowledged by the Council that the financial offset amount is in full satisfaction of all
      requirements in relation to the offset condition and any further requirement in relation to
      environmental offset for any development of the subject land is precluded.
Conclusion
It is therefore recommended that Council settle the appeal on the basis of the conditions negotiated
and enter into an Infrastructure Agreement and Deed of Agreed Delivery Arrangement.
In this regard it should be noted that both the Infrastructure Agreement and Deed of Agreed
Delivery Arrangement will be finalised prior to the approval being issued by the Planning &
Environment Court.
Lot 24, the transit lot, will then be transferred to Council upon amendment to the planning scheme,
with Council required to transfer the Financial Offset Amount to Council’s trust fund prior to any
clearing of koala habitat from the site.
Previous Council Consideration
Ordinary Meeting Minutes, 30 April 2020, Item 10, Page 10
That Council note the report by the Manager Development Assessment to the Ordinary Meeting
dated 30 April 2020 regarding Planning & Environment Court Appeal No. 765 of 2020 and agree
to defend the appeal.
Finance
The Infrastructure Agreement provides for the transference of Lot 24 at nil cost to Council. Lot 24
has been valued at $1,475,000 for Council with the appellant’s valuation suggesting the lot’s value
is much higher being between $2.9 - $3.2 million.
The Deed of Agreed Delivery Arrangement provides that Council will make a financial contribution
of $1,132,996.29 to the Council’s offset account to be held in trust to offset the significant residual
impact of clearing koala habitat.
Risks & Opportunities
The proposed offset arrangements for clearing koala habitat while are not straightforward do
provide a satisfactory arrangement and will achieve the conservation outcome envisaged by the
Environmental Offsets Act 2014 and deliver the land required for the planned future transit lot.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes Solicitor




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