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TABLE OF CONTENTS for the meeting of

LIGHT REGIONAL COUNCIL ECONOMIC DEVELOPMENT PANEL

THURSDAY, 15 OCTOBER 2015

Reports for Decision:

EDP9.3.1/2015 Ciborex Pty Ltd and ACN 166 745 062 as Trustee for the

Kapland Trust v Development Assessment Commission and CR Lindner Nominees Ptd Ltd – Judicial Review Proceedings, Supreme Court .......................................................... 3

EDP9.3.2/2015 Kapunda Business Alliance – Annual Grant Allocation ................... 5

EDP9.3.3/2015 Kapunda Main Street – Urban Design Framework .......................... 7

EDP9.3.4/2015 Northern Expressway Residual Land – Future Development and Private Sector Investment Strategy ...................11

EDP9.3.5/2015 Here Comes the Night – Songs from the Van Morrison Songbook, Seppeltsfield Winery ....................................................13

Reports for Information: 10.1 Kapunda Retirement Village – Status Update .................................................15

10.2 Economic Development – Statutory Planning Departmental Interfacing: Protocols and Procedures ............................................................15

VISION Respecting the Past, Creating our Future.

ASPIRATION

Supporting community life through the provision of services, creating a healthy balance of urban and rural whilst fostering health, recreation,

learning, investment, jobs & transport opportunities.

AGENDA PAPERS

for the meeting of


in the

KAPUNDA COMMITTEE ROOM 93 MAIN STREET KAPUNDA SA 5373

THURSDAY, 15 OCTOBER 2015 at 2:00pm

Principal Office: 93 Main Street Branch Office: 12 Hanson Street Kapunda 5373 Freeling 5372

Telephone: 8525 3200 Facsimile: 8566 3262

Panel Members,

Cr Deane Rohrlach (Chair) Mayor Bill O’Brien Cr Robert Kerin Cr Des Ellis Cr Samantha Mitchell

Notice is hereby given pursuant to the provisions of Section 87 (4) of the Local Government Act, 1999, that the next Meeting of the Light Regional Council Economic Development Panel will be held in the Kapunda Committee Room, 93 Main Street Kapunda on Thursday, 15 October 2015 at 2:00pm A copy of the Agenda for the above meeting is supplied as prescribed by Section 87 (8)(c) of the said Act. .................................................... Brian Carr CHIEF EXECUTIVE OFFICER

NOTICE OF MEETING

AGENDA

THE LIGHT REGIONAL ECONOMIC DEVELOPMENT PANEL HELD ON THURSDAY, 15 OCTOBER 2015,

IN THE KAPUNDA COMMITTEE ROOM, 93 MAIN STREET KAPUNDA COMMENCING AT 2:00PM

1. PRESENT

2. OPENING

3. APOLOGIES

4. MINUTES

4.1 CONFIRMATION OF COMMITTEE MINUTES

5. COMMUNICATIONS

5.1 REQUESTED DOCUMENTS/CORRESPONDENCE TO BE TABLED

6. DEPUTATIONS AND PRESENTATIONS

7. ADJOURNED BUSINESS

8. BUSINESS ARISING

9. REPORTS FOR DECISION

9.1 CHIEF EXECUTIVE OFFICER 9.2 GENERAL MANAGER, BUSINESS & GOVERNANCE 9.3 GENERAL MANAGER, ECONOMIC DEVELOPMENT 9.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT 9.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT

10. REPORTS FOR INFORMATION

11. PROCEDURAL MATTERS

11.1 QUESTIONS WITHOUT NOTICE 11.2 QUESTIONS ON NOTICE 11.3 NOTICE OF MOTION 11.4 MOTIONS WITHOUT NOTICE

12. CONFIDENTIAL ITEMS

13. MEETINGS

The next meeting of Light Regional Council Economic Development Panel will be held on a date to be advised.

14. CLOSURE

Agenda – Light Regional Council Economic Development Panel meeting to be held on Thursday 15 October 2015 2015/1

4. MINUTES 4.1 CONFIRMATION OF PANEL MINUTES That the minutes and the confidential minutes of the meeting of the Economic Development Panel held 20 August 2015 be confirmed as a true and correct record of that meeting. 5. COMMUNICATIONS 5.1 REQUESTED DOCUMENTS/CORRESPONDENCE TO BE TABLED 6. DEPUTATIONS AND PRESENTATIONS NIL 7. ADJOURNED BUSINESS 8. BUSINESS ARISING

Arising from Meeting of Tuesday, 15 July 2014 9.3 General Manager, Economic Development EDP9.3.2/2014 Statutory Obligations Imposed by State

government on to Local Government – Discussion Paper

8 Discussion with LGA Board occurring with possible inclusion on upcoming LGA AGM.

Ongoing

Arising from Meeting of Wednesday, 3 December 2014 EDP9.3.1/2014 Old Adelaide Road, Kapunda – Section

210 Local Government Act 1999 Public Road Declaration

22

Ongoing 12 Confidential items (ongoing or completed) EDP12.1/2014 Old Adelaide Road, Kapunda – CR

Lindner Nominees Pty Ltd (Commercial in Confidence)

29

Ongoing

Arising from Meeting of Thursday, 26 February 2015 EDP9.3.2/2015 Five Shillings Estate – Progress Update

and Future Directions 3 Aqua Reef have been provided a copy of

Council’s resolution to grant them a 6 month extension of their consent.

Ongoing EDP9.3.3/2015 Northern Expressway (NExy) Residual

Land – Future Development and Private Sector Investment Strategy

3

Agenda 12 Confidential items (ongoing or completed) EDP12.1/2015 Kapunda Main Street – Urban Design

Framework 5 To be released at October Ordinary

Council Meeting.

Arising from Meeting of Thursday, 23 April 2015 EDP9.3.1/2015 Kapunda Swimming Pool – Dutton Park

Consolidation Initiative 8

Deferred and Ongoing


EDP9.3.2/2015 Economic Development Initiatives – Light Ward

Verbal progress report regarding the indoor recreation facility will be provided at the meeting.

Ongoing

Arising from Meeting of Thursday, 20 August 2015 EDP9.3.2/2015 5 Shilling Estate – Advancement of

Stage 1b Civil Works.

13 Aqua Reef have been provided a copy of Council’s resolution to grant them a 6 month extension of their consent.

Ongoing EDP9.3.1/2015 Kapunda Retirement Village 14

Agenda 12 Confidential items (ongoing or completed) EDP12.1/2015 Kapunda Main Street – Urban Design

Framework

16 To be released at October Ordinary Council Meeting.

EDP9.3.1/2015 Kapunda Retirement Village 14 Agenda

9 REPORTS FOR DECISION 9.1 CHIEF EXECUTIVE OFFICER

Nil

9.2 GENERAL MANAGER, BUSINESS & GOVERNANCE Nil


9.3 GENERAL MANAGER, ECONOMIC DEVELOPMENT

EDP9.3.1/2015 Ciborex Pty Ltd and ACN 166 745 062 as Trustee for the Kapland Trust v Development Assessment Commission and CR Lindner Nominees Ptd Ltd – Judicial Review Proceedings, Supreme Court

Folder ID: 51603 Author: James Miler, General Manager – Economic Development Report Presenter: James Miler, General Manager – Economic Development Executive Summary Report highlights • The Development Assessment Commission (DAC), acting as the relevant planning authority for the

assessment of a supermarket proposal on Old Adelaide Road, Kapunda by CR Lindner Nominees Pty Ltd, granted development plan consent on 26 March 2015 – DA313/363/14. The nature of the development is described on the decision notification form as supermarket with associated car parking, loading and landscaping with the car parking, access and egress area being located on Old Adelaide Road.

• The proposal comprised a merit form of development and did not require public notification; as such

no appeal rights to the Environment, Resources and Development Court against the decision of the DAC to approve the development exist.

• As members would be aware, the land ownership status of Old Adelaide Road has been the subject of

contention over the course of the past 12 months. As there is no formal resolution declaring the carriageway public road, Council has accepted that the road for all intents and purposes must still be deemed a private road, notwithstanding it currently serves and functions as a public road.

• Council has commenced the process of declaring the carriageway a public road and forming part of

the October 2015 Council meeting agenda will be a report that deals with the matter of public road declaration.

• At the time the DAC considered CR Lindner Nominees’ development application, the road was

deemed to be in private ownership however the Commission deemed it appropriate to grant consent nonetheless.

• Ciborex Pty Ltd (the applicant for another supermarket development recently approved on the corner

of South Terrace and Main Street, Kapunda) and ACN 166 745 062 as Trustee for the Kapland Trust (the “Plaintiff”) on Thursday, 24 September 2015 formally instigated judicial review proceedings in the Supreme Court against the DAC and CR Lindner Nominees Pty Ltd (the “Defendant”).

• The Plaintiff contends that the DAC exceeded its jurisdiction or erred in the exercise of its jurisdiction

in deciding to grant consent by failing to have regard to relevant considerations, namely:- - The power to impose a condition on the grant of consent requiring that the car parking

proposed on Old Adelaide Road be legally available prior to the commencement of construction and at all times during operation of the supermarket; and

- The power to impose a condition on the grant of consent requiring that the approved supermarket building be demolished if at any time in the future the approved car parking ceases to be legally available to the operator of the approved supermarket.


• The Plaintiff further contends that the DAC exceeded its jurisdiction or erred in the exercise of its jurisdiction by unreasonably deciding to make both decisions without first satisfying itself that the parking of cars on portion of Old Adelaide Road can be legally undertaken.

• Lastly, it is contended that the DAC exceeded its jurisdiction or erred in the exercise of its jurisdiction

by unreasonably determining that the proposed development was not seriously at variance with the relevant provisions of the Council’s Development Plan.

• It will be argued that the DAC’s decision to grant consent to the proposed development was invalid,

void and of no effect. • Advice from Norman Waterhouse Lawyers is that Light Regional Council is unlikely to be party to

these appeal proceedings notwithstanding Council’s reasonable intentions to convert the road from private to public. Given the economic development significance of this proposed investment by CR Lindner Nominees Pty Ltd it is deemed both necessary and appropriate that members are adequately briefed on these appeal proceedings.

Budget Impact Nil

Recommendation That the Economic Development Panel recommend to Council that Council formally receive the report entitled Ciborex Pty Ltd and ACN 166 745 062 as Trustee for the Kapland Trust v Development Assessment Commission and CR Lindner Nominees Pty Ltd – Judicial Review Proceedings, Supreme Court and that the contents contained therein be noted. Reasons for the decision No formal decision is needed in relation to this matter as Council is not party to these appeal proceedings.


EDP9.3.2/2015 Kapunda Business Alliance – Annual Grant Allocation

Folder ID: 25605 Author: James Miller, General Manager – Economic Development Report Presenter: James Miller, General Manager – Economic Development Executive Summary Report highlights • Council provides a number of local and regional representative bodies with annual monetary grant

allocations to assist them in their operations and where Council believes that such organisations benefit both Council and the community through their work.

• Examples of representative bodies who receive annual grant allocations include RDA Barossa ($39,500), Pines Committee ($2,500), Kapunda and Light Tourism Inc. ($3,850) and Tourism Barossa ($42,000).

• The Kapunda Business Alliance (KBA) was established in 2014 and in its first 12 months of existence has already secured in excess of 100 members. The KBA is a representative body whose charter is to support and promote business, investment and economic development throughout Kapunda and the surrounding region.

• Economic Development has found KBA to be a useful resource as both Council and the KBA really look to drive economic development activity and initiatives throughout the region. As the KBA website illustrates, the aim of the Alliance is to leverage Kapunda’s potential for a prosperous town and stronger community. Their model seeks to:-

o Revitalise business o Encourage business development o Promote and advertise commercial activity o Provide local businesses with the opportunity to have a voice o Provide digital means for business to promote Kapunda as a whole o Promote tourism as a major element of business o Recognise the region as a tourism destination

• The KBA appears to be the only local or regional representative group that is currently not afforded an annual monetary grant. For equity and consistency across a raft of community-represented bodies, it is recommended that Council pledges an amount of $1000.00 to the KBA for 2015/16 with funds to be sourced at the first quarter budget review from the Economic Development budget line.

• As part of the budgeting deliberations for 2016/17 I will be recommending that Council reviews all of its funding allocations in an attempt to bring about fairness and equity in the manner in which funds are handed out with a view of also understanding what each representative body has undertaken with their respective allocation.

Budget Impact Estimated Cost: $1,000 Is this budgeted? No

Suggested Funding Source: First quarter budget review – reallocation of funds from Economic Development budget line.


Recommendation That the Economic Development Panel recommends to Council that Council, in acknowledging the strategic importance of the Kapunda Business Alliance (KBA) and their value in facilitating and promoting business, investment and economic activity throughout the region, provides a monetary amount of $1,000.00 to the KBA, to be sourced from the 2015/16 annual budget first quarter budget review. Further, that as part of the 2015/16 budget deliberations, Council foreshadows that it intends reviewing all representative groups and their respective monetary allocations with a view of achieving parity and equity in the allocation of grant funds. Reasons for the decision To support the Kapunda Business Alliance to promote and facilitate economic development activity throughout Kapunda.


EDP9.3.3/2015 Kapunda Main Street – Urban Design Framework

Folder ID: 53936 Author: James Miller, General Manager – Economic Development Report Presenter: James Miller, General Manager – Economic Development Executive Summary Report highlights • Council, having recently acquired land in the Kapunda Main Street business and retail precinct for the

intended development of a village square, now must turn its mind to delivery of the project. This report seeks Council’s endorsement to embark on a number of initiatives to bring this exciting project to fruition, namely:-

o State Government grant funding application and overall funding strategy o Design strategy o Consultation strategy o Delivery strategy and timelines

• As there is one further confidential aspect of this project which will not be formally released from confidential session until the October 2015 ordinary meeting, this report discusses more generally those four key pillars listed above without drilling down into matters of land assemblage.

• It is anticipated that once all confidential aspects of the project have been formally released back into the public realm and following Council’s endorsement on an agreed timeline (including finance, design and consultation strategies), management will be in a position to advance this initiative.

• In summary, it is anticipated that the remainder of the 2015/16 financial year will be devoted to the planning phase while 2016/17 will be delivery.

Budget Impact Estimated Cost: $1,000,000 – total allocation No

Suggested Funding Source: Planning and Development Fund Grant $500,000 maximum – to be announced in April 2016

Council Contribution $500,000 maximum – including surplus land disposal, capital works allocation of funds for 2016/17, in-kind assistance through various means and possible precinct partner funding of– to be verified as part of Council’s 2016/17 budget deliberations.


Recommendation That the Economic Development Panel recommend to Council that Council:- 1. Formally receives the report entitled Kapunda Main Street – Urban Design Framework; 2. Release from confidentiality the report and minute from the 25 August 2015 Council Meeting

and also the report and minute from the 22 September 2015 Council Meeting that relates to this matter as it is considered to be in the public interest that all aspects of the land assemblage strategy be divulged to the general public ahead of the community consultation and design process commencing.

3. Instruct the Chief Executive Officer, who in turn may delegate authority to the General Manager – Economic Development, to:-

a. Submit a grant funding application under the Planning and Development Fund – Open Space Program for design and construction with a targeted budget amount for the project not exceeding $1,000,000;

b. Engage with the University of South Australia – School of Art, Architecture and Design with a view of engaging graduates to prepare preliminary concept plans for the site that may form the basis for community consultation. Concept plans for the site shall be confined to the precinct east of Main Street and include the subject land, adjacent footpaths and Crase Street carriageway leading up to the retirement village as well as the public car park located directly behind the North Kapunda Hotel;

c. Upon receipt of preliminary concept designs, undertake community consultation as a means of generating ideas and obtaining feedback on the community’s aspirations for the site, with such consultation to be in the form of:-

i. Kapunda Business Alliance-facilitated consultation with main street business traders;

ii. Social media campaign via Council’s web site; iii. Letter box drop throughout Kapunda seeking written feedback on the concept

design; iv. Information exchange session on-site – allocation of a Saturday morning where

the general public can speak one-on-one with management to share ideas and aspirations for the concept.

d. Continue to utilise the Economic Development Panel as a reference body for any operational matters which may arise as the project gathers momentum.

Reasons for the decision To advance the Kapunda Main Street Village Square project.


Detailed Report Purpose Council, having recently acquired land in the Kapunda Main Street retail precinct for the intended development of a village square, must now formulate its various strategies to deliver the project. Background In recent months and following a successful grant funding application under the Planning and Development Fund, Council has managed to assemble land in the vicinity of Crase Street and Main Street, Kapunda for the development of a village square. While there are further reports of a confidential nature to be released from the Chamber at the October 2015 ordinary meeting, this report seeks to outline the processes and timelines to advance the project, namely:-

- 2015/16 - design, consultation and funding; and - 2016/17 - construction and deliver.

History • 24 March 2015 Council Meeting – Confidential • 23 June 2015 Council Meeting – Confidential • 28 July 2015 Council Meeting – Confidential (resolution released into the public realm) • 25 August 2015 Council Meeting – Confidential • 22 September 2015 Council Meeting – Confidential Discussion/Analysis This report seeks Council’s endorsement to embark on a number of initiatives to bring this exciting project to fruition, namely:-

- State Government grant funding application and overall funding strategy; - Design strategy; - Consultation strategy; and - Delivery strategy and timelines.

State Government grant funding application and overall funding strategy Council intends to submit a funding application to the State Government under the Planning and Development Fund – Open Space Program for a maximum grant allocation of $500,000 (1:1 funding based on a total project cost of $1,000,000). If successful, Council will need to match the allocation issued by Government and therefore it is important at this early stage that Council arrives at a preliminary budget forecast for the project. To assist in keeping capital costs down, at least for stage 1, it is felt that a primary focus should be on the precinct east of Main Street. While the 2004 main street urban design framework looked at land in and around the Museum and Institute, management feel that a concerted focus around the open space precinct should be prioritised, including the sealing of the public car park behind the North Kapunda Hotel, the upgrade of footpaths leading up Crase Street to the soon to be developed retirement village and possibly street lighting upgrades to White Street also. With $500,000 to be hopefully secured through grant funds, it is deemed that the balance Council contribution could comprise:-

- Surplus land disposal (Allendale North tennis courts) $100,000 - Land purchase costs (needs confidential release) $ - - Capital works contributions (footpaths, car park, open space) $300,000


Design strategy Management has had preliminary discussions with the School of Art, Architecture and Design at the University of South Australia with a view of engaging graduates to prepare preliminary concept plans for the site that may form the basis for community consultation. Should elected members concur that this is indeed a sound first step then management will make a formal approach to the University in this regard. Failing that, it would be anticipated that an urban design specialist be approached to prepare draft concept plans for consultation. In any event it is important that Council looks to recognise the strong historical linkages of the town within the village square itself. With such mining history and linkages to Sir Sidney Kidman for example, there are numerous public art options which could be pursued for this space that reflects the vibrant heritage of this great town. Consultation strategy Upon receipt of preliminary concept designs, management would then seek to undertake community consultation as a means of generating ideas and obtaining feedback on the community’s aspirations for the site, with such consultation to be in the form of:-

- Kapunda Business Alliance-facilitated consultation with main street business traders; - Social media campaign via Council’s web site; - Letter box drop throughout Kapunda seeking written feedback on the concept design; - Information exchange session on-site – allocation of a Saturday morning where the general public

can speak one-on-one with management to share ideas and aspirations for the concept. Delivery strategy and timelines October 2015 Council Meeting endorse schedule of actions November 2015 prepare funding application and engage

preliminary design urban specialist December 2015 - January 2016 community consultation January 2016 – March 2016 project scope, design and costing endorsed April 2016 funding application announced June 2016 overall project budget adopted July 2016 onwards demolition and site works to commence Conclusion Upon adoption of the aforementioned resolution, management will continue to utilise the Economic Development Panel as a reference body for any operational matters which may arise as the project gathers momentum. It is also felt that post the October 2015 meeting of Council a media release be undertaken which sets out the various elements of the strategy to bring this exciting project to fruition. References Legislation Nil Council Policies Public Consultation Policy Strategic Plan Fostering local and community opportunities


EDP9.3.4/2015 Northern Expressway Residual Land – Future Development and Private Sector Investment Strategy

Folder ID: 53234 Author: James Miller, General Manager – Economic Development Report Presenter: James Miller, General Manager – Economic Development Executive Summary Report highlights • Council, at its March 2015 ordinary meeting of Council, adopted the below resolution:- “Moved Cr Mitchell

Seconded Cr Rohrlach That the Economic Development Panel recommends to Council that Council:-

1. Receive the report entitled Northern Expressway (NExy) Residual Land – Future Development and Private Sector Investment Strategy.

2. Notes the raft of suggested short, medium and long term options for the three land parcels the subject of the study.

3. In noting the various opportunities for these land holdings, instructs its Chief Executive Officer who may delegate to relevant staff to commence formal discussions with key stakeholder representatives as part of an information gathering exercise which, in turn, will inform future direction initiatives for the respective land holdings. Those discussions will include but not limited to the following representatives:-

o DPTI; o Adelaide Soaring Club; o Gawler Harness Racing Club; o Town of Gawler; o RDA Barossa; o Economic Activation Strategy Group of Councils (once established); and o Independent Aviation Auditor - to ascertain safety and noise risks associated with the

Gawler Aerodrome o Emergency Services o Rural organisations

4. That following the due diligence information gathering exercise and once realistic future land use opportunities are better known, management will report back to Council on its findings.

5. In adopting this position, recognises that early consultation is important across a raft of

key stakeholder groups and that this process be run concurrently with concerted ‘market interest’ campaign which may then inform Council of potential business investment interest and shape Council’s priorities for subsequent rezoning initiatives to realise the vision.

CARRIED • Over the course of the subsequent months a number of discussions have been held with various

stakeholders and it was a formal meeting with the RDA Barossa followed by an informal discussion with Asia Australis that has now prompted management to recommend that Council commences an Expression of Interest process and seek private sector interest in the development of both Lot 888 and Lot 893, Two Wells Road, Buchfelde.


• This EoI process, it is intended, will enable Council to gauge the level of interest by the private sector in the development and/or possible purchase/rental of the land for future investment opportunities.

• It is important to add that by adopting the below resolution, Council is not making any determination

on the site currently occupied by the Adelaide Soaring Club who currently enjoy a lease over the land. Budget Impact Estimated Cost: $500 – advertising

Recommendation That the Economic Development Panel recommends to Council that Council formally receives the report entitled Northern Expressway (NEXY) Residual Land – Future Development and Private Sector Investment Strategy and in noting the report instructs it’s Chief Executive Officer, who in turn may delegate authority the General Manager – Economic Development, to commence an Expression of Interest (EoI) exercise where interested parties are able to make submissions to Council on their aspirations for land development at Lot 888 and Lot 893, Two Wells Road, Buchfelde. Once the EoI process is concluded, management shall present a report back to the Economic Development Panel for its consideration which sets out possible options for advancing the development of these land holdings. Reasons for the decision To advance the NEXY Residual Land – Future Development and Private Sector Investment Strategy.


EDP9.3.5/2015 Here Comes the Night – Songs from the Van Morrison Songbook, Seppeltsfield Winery

Folder ID: 2269 Appendix: 9.3A - Here Comes the Night – Press Releases Author: James Miller, General Manager – Economic Development Report Presenter: James Miller, General Manager – Economic Development Executive Summary Report highlights • Management is thrilled to report that Here Comes the Night – Songs from the Van Morrison Songbook

will be coming to the iconic and historic Seppeltsfield Winery on Saturday, 14 November 2015. The concert will provide a rare opportunity for the many fans of Van Morrison to enjoy the magic of his remarkable body of work as performed by the exceptional talents of Joe Camilleri, Vince Jones and Christine Arnu.

• Presented by Blake Entertainment in association with Seppeltsfield Wines, the concert is the first major entertainment event to be staged at the revitalised winery, which now boasts a $3 million cellar door and restaurant facility.

• Management has worked in close collaboration with Blake Entertainment to both position and market this concert and at the time that the agenda papers went to print approximately 1400 tickets had already been presold. With a number of weeks still remaining ahead of the concert, it is anticipated that numbers may exceed 2000 which would be a fantastic outcome for all involved.

• Blake Entertainment and Seppeltsfield Wines anticipate holding an annual concert around this same time should this event prove to be a success and Council staff will continue liaising closely with Seppeltsfield Wines as they develop their planning and business cases for further infrastructure improvements at their site.

• One aspect however that regional events of this nature highlight is the distinct shortfall of accommodation facilities in the Barossa Valley that can accommodate large numbers of visitors. While the Valley has a high number of beds available through various motels, B+B’s, caravan parks and the like, it still seems to fall short of the mark when events of this nature are held. With this in mind, it is recommended that Council in conjunction with RDA Barossa and Tourism Barossa look to workshop a regional event strategy which not only examines how best to secure a greater number of regional events, but also explores whether the current number of accommodation facilities is adequately serving both current and forecast tourist destination needs.

Budget Impact Estimated Cost: Nil

Recommendation That the Economic Development Panel recommends to Council that Council formally receive the report entitled Here Comes the Night – Songs from the Van Morrison Songbook, which will be playing at Seppeltsfield Winery on Saturday, 14 November 2015. Further, that in acknowledging Council’s role in promoting this regional tourism event, Council instructs its Chief Executive Officer, who in turn may delegate authority to the General Manager – Economic Development, to liaise with Seppeltsfield Wines, RDA Barossa and Tourism Barossa Inc. (as well as any other key stakeholders) to develop a Regional Event Strategy which seeks to not only increase the number of regional events in the Barossa Valley, but also examine opportunities for growing and/or expanding accommodation venues to service the needs of those visitors that may come on mass to an event of this nature, thus stimulating investment into the region beyond just the event itself.


Reasons for the decision To provide elected members and the community with details of the exciting concert Here Comes the Night, which will be playing on Saturday, 14 November 2015.


9.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT Nil

9.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT Nil


Item No. and Subject

10.1 Kapunda Retirement Village – Status Update Folder ID: 24348 Author: James Miller, General Manager – Economic Development Report Presenter: James Miller, General Manager – Economic Development

The purpose of this report is to advise elected members that the select tender process for the construction, sale and ongoing management of the Kapunda retirement village has not as yet commenced due to the fact that management is still securing building rules consent for the project.

Once building rules consent is secured and full development approval granted, Council will commence the select tender process with the four (4) candidates who expressed a desire to tender for the project through the earlier expression of interest exercise. 10.2 Economic Development – Statutory Planning

Departmental Interfacing: Protocols and Procedures Folder ID: 51644 Author: James Miller, General Manager – Economic Development Report Presenter: James Miller, General Manager – Economic Development

Economic Development has been in operation since Council adopted its revised organisational structure in April 2014. Since that time, amongst a variety of other projects and initiatives, Economic Development’s emphasis has been on developer engagement, particularly in the lead up to the lodgement of development proposals of an economic investment nature. Given the role of Economic Development is to entice and attract investment to the region, it has been confirmed by management that the role of the department must be to engage with developers as the primary point of contact and ensure that prospective development applications are ‘assessment ready.’ Once lodgement occurs the role of Economic Development in the planning assessment process effectively ceases and the statutory arm of the organisation assumes all control and responsibility for the assessment process. With Economic Development working in close unison with the statutory planning and building surveyors in the lead up to lodgement and feeding back to the respective developer and/or consultant, it is anticipated that these high profile economic investment developments will be well positioned for a streamlined assessment process to unfold. Lisa Sapio, Manager – Development Services and myself will provide a briefing to members at the meeting as to how the process is intended to work and to explain the role of both departments in the pre, mid-point and post assessment process.


Recommendation That the reports on delegated authority and information items be received and the contents therein be noted by the Economic Development Panel.

11. PROCEDURAL MATTERS 11.1 QUESTIONS WITHOUT NOTICE

Rules per Regulations - • Questions and replies are not entered in the minute book unless expressly required by

resolution. • No debate shall be allowed on any question or the reply to any question. • If required by the Chairman, such questions shall be put in writing. • The Chairman may direct that a reply be given at the next meeting.

11.2 QUESTIONS ON NOTICE

Rules per Regulations – • These questions must be in writing and given to the Chief Executive Officer five (5) clear days

prior to the meeting. • Chief Executive Officer shall place these items in the agenda. • They shall be answered by the Chairman at the meeting. • Questions and replies shall be entered into the minute book.

11.3 NOTICE OF MOTION 11.4 MOTIONS WITHOUT NOTICE

Rules per Regulations • A member may bring forward a motion without notice and if required by the Chairman, put it in

writing. • Before addressing the meeting, the member shall state the purpose of the motion. • A member cannot move more than one motion without notice on the same subject at any

meeting. 12. CONFIDENTIAL ITEMS NIL 13. NEXT MEETING 14. CLOSURE

HERE COMES'NIGHTSONGS FROM THE VAN MORRISON SONGBOOK

. DUE To POPULAR DEMAND AND SELLouT SHOWS ACROSS THE COUNTRY .ONE NIGHT ONLY . SATURDAY 14 NOVEMBER O SEPPELTSFIELD WINERY IN THE BAROSSA

. TICKETS ON SALE FROM TICKETEK .

PER=ORIVIED BY JOE CAMILLERl . VINCE JONES . CHRISTINE ANUAND A 14 PIECE ORCHESTRA

PRESS RELEASE

Here Comes the Night is a celebration of the songs and music of Van Morrison, the inari who has penned such enduringclassics as Gloria, Moondance, Brown Eyed Girt, Bright Side of the Road, Have I fold You Lately; Days Like This, BabyPlease Don't Go, Here Comes the Night and many more.

It will provide a rare opportunity for the many fans of Van Morrison to enjoy the magic of his remarkable body of work asperlormed by the exceptional talents of Joe Cainilleri, wince Jones and Christine Anu - on Saturday 14 November underthe stars at the historical SEPPELTSFIELD WINERY in the Barossa.

Joe Cainilleri is the principal performer and Repertoire Director A legend of Australian contemporary rock music throughhis bands JO JO Zep & The Falcons and The Black Sorrows, Joe has been a Van Morrison fan from the first stirrings of hisinterest in music, His knowledge of the Morrison Songbook combined with his understanding of Morrison's R&B, Soul andCeltic arrangements make him the ideal celebrant of the genius of this enigmatic Modern Master.

Vinee Jones is a regular headliner throughout Australia. Here he joins Joe to bring his own silky skills to Morrison's jazzoriented arrangements. Accompanying musicians have increasingly walked a fine line between his pop/rock roots and jazzsophistication. Vince will interpret this cross-dressed genre perlectly,

Christine Anu is celebrating the 20th anniversary of her debut album Styffn' Up. To mark this event she has recentlyreleased Restylin' Up 20 Years - a live album honouring the iconic album that catapulted her career and established her asone of most loved and successful indigenous artists,

To add to the brilliant line-up on stage will be The Voodoo Sheiks and The Silo String Quartet.

The Voodoo Sheiks are Joe's latest musical adventure; this time to New Orleans - a ten piece brassy celebration ofeverything Allen To ussaint started.

The Silo String Quartet will complete the Voodoo Sheiks Orchestra. Their eclectic blend of classical and jazz readings willallow Music Director John MCCall the breadth of instrumentation the Van Morrison Songbook demands.

The faithful interpretation of Morrison by Joe, Vince's ability to read the lyric of a song and respect the integrity of theoriginal, and the wonderful voice of Christ ine Anu will ensure a thrilling night of music. In the hands of this exciting cast ofperformers and musicians - it will be a night to remember.

Here Comes The Night - The Songbook of Van Morrison will be the first major entertainment event to be staged at therevitalised Seppeltsfield, which now boasts a new $3 million cellar door and restaurant facility. Hailed by legendarywinemaker James Halliday as "the most historic winery and greatest show piece in the Barossa Valley", Seppeltsfield Wineryis the perfect destination for music-lovers and the like.

The visitor section of the estate, first built in I 851, has been redeveloped to provide an expansive courtyard with stoneworkreflecting original local paving as well as a water feature, terraces, promenade, and seven Canary Island palm treetransplants, The facility includes the highly-awarded Willunga restaurant FINO, run by the same duo behind the original, chefDavid Swain and host Sharon Romeo. The project continues Seppeltsfield's significant role in South Australia's winemakinghistory, owner Warren Randall said.

Presented by Blake Entertainment in association with Seppeltsfield, Here Comes The N@ht - The Vian Morrison Songbook isa dynamic celebration of classic yet timeless songs to be enjoyed by all.

For further information contact Am anda We mer PR & Communications on 0412 007273 or we merpr@bigpond. net. au

WWW. herecomesthenight. org SEPPELTSFiELD^:.

BU4KEAPPENDIX EDP 9.3A-15OCTOBER2015

PAGE 1 AGENDA ITEM EDP 9.3.5

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APPENDIX EDP 9.3A-15OCTOBER2015 PAGE 2

AGENDA ITEM EDP 9.3.5

TABLE OF CONTENTS for the meeting of


THURSDAY, 12:00NOON 2015

Reports for Decision:

EDP9.3.1/2015 Kapunda Retirement Village .................................................................. 3

EDP9.3.2/2015 5 Shilling Estate – Advancement of Stage 1b Civil Works. .................... 7

EDP12.1/2015 Kapunda Main Street – Urban Design Framework ................................13 Reports for Information: Nil


ASPIRATION



AGENDA PAPERS

for the meeting of


in the

KAPUNDA COMMITTEE ROOM

93 MAIN STREET KAPUNDA SA 5373

THURSDAY, 20 AUGUST 2015 at 12:00noon

Principal Office: 93 Main Street Branch Office: 12 Hanson Street Kapunda 5373 Freeling 5372

Telephone: 8525 3200 Facsimile: 8566 3262

LiG HT

#

REGIO NAL

COUNCIL

Panel Members,

NOTICE OF MEETING

Notice is hereby given pursuant to the provisions of Section 87 (4) of the LocalGovernment Act, I 999, that the next Meetin of the Li ht Re ional Council EconomicDevelo merit Panel will be held in Kapunda Committee Room, 93 Main Street Kapunda

Cr Deane Rohr!ach (Chair)Mayor Bill O'BrienCr Robert KerinCr Des EllisCr Samantha Mitchell

on Thursda

A copy of the Agenda for the above meeting is supplied as prescribed by Section 87(8)(c) of the said Act.

20 Au ust 20.5 at 12:00noon

,,,.^:'^{IfI*,

Brian Carr

CHIEF EXECUTIVE OFFICER 14 AUGUST 2015

AGENDA

THE LIGHT REGIONAL ECONOMIC DEVELOPMENT PANEL HELD ON THURSDAY, 20 AUGUST 2015

IN THE KAPUNDA COMMITTEE ROOM, 93 MAIN STREET KAPUNDA COMMENCING AT 12:00NOON

1. PRESENT

2. OPENING

3. APOLOGIES

4. MINUTES

4.1 CONFIRMATION OF COMMITTEE MINUTES

5. COMMUNICATIONS

5.1 REQUESTED DOCUMENTS/CORRESPONDENCE TO BE TABLED

6. DEPUTATIONS AND PRESENTATIONS

7. ADJOURNED BUSINESS

8. BUSINESS ARISING

9. REPORTS FOR DECISION

9.1 CHIEF EXECUTIVE OFFICER 9.2 GENERAL MANAGER, BUSINESS & GOVERNANCE 9.3 GENERAL MANAGER, ECONOMIC DEVELOPMENT 9.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT 9.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT


11. PROCEDURAL MATTERS

11.1 QUESTIONS WITHOUT NOTICE 11.2 QUESTIONS ON NOTICE 11.3 NOTICE OF MOTION 11.4 MOTIONS WITHOUT NOTICE

12. CONFIDENTIAL ITEMS

13. MEETINGS

The next meeting of Light Regional Council Economic Development Panel will be held on a date to be advised

14. CLOSURE

Agenda – Light Regional Council Economic Development Panel meeting to be held on Thursday, 20 August 2015 2015/1

4. MINUTES 4.1 CONFIRMATION OF PANEL MINUTES Recommendation

That the minutes of the Economic Development Panel meeting held 23 April 2015 be confirmed as a true and correct record of that meeting.

5. COMMUNICATIONS 5.1 REQUESTED DOCUMENTS/CORRESPONDENCE TO BE TABLED 6. DEPUTATIONS AND PRESENTATIONS Nil 7. ADJOURNED BUSINESS 8. BUSINESS ARISING

Arising from Meeting of Tuesday, 15 July 2014

9.3 General Manager, Economic Development

EDP9.3.2/2014 Statutory Obligations Imposed by State government on to Local Government – Discussion Paper

8 Discussion with LGA Board occurring with possible inclusion on upcoming LGA AGM Agenda.

Ongoing

EDP9.3.3/2014 Kapunda bowling Club Inc/Kapunda

Retirement Village – Cost Benefit Analysis 18

Agenda

Arising from Meeting of Wednesday, 3 December 2014

EDP9.3.1/2014Old Adelaide Road, Kapunda – Section 210 Local Government Act 1999 Public Road Declaration

22

Ongoing

EDP11.3.1/2014Parking Requirements for Business related Developments by Mayor Bill O’Brien.

28

Noted and Completed

12 Confidential items (ongoing or completed)

EDP12.1/2014Old Adelaide Road, Kapunda – CR Lindner Nominees Pty Ltd (Commercial in Confidence)

29

Ongoing

Arising from Meeting of Thursday, 26 February 2015

EDP9.3.1/2015Car Parking Requirements for Business Related Developments

2

Noted and Completed

EDP9.3.2/2015Five Shillings Estate – Progress Update and

3


Future Directions Agenda

EDP9.3.3/2015Northern Expressway (NExy) Residual Land – Future Development and Private Sector Investment Strategy

3

Ongoing

12 Confidential items (ongoing or completed)

EDP12.1/2015Kapunda Main Street – Urban Design Framework

5

Agenda

Arising from Meeting of Thursday, 23 April 2015

EDP9.3.1/2015Kapunda Swimming Pool – Dutton Park Consolidation Initiative

8

Deferred and Ongoing

EDP9.3.2/2015Economic Development Initiatives – Light Ward

Progress is occurring in the development of concept plans. Further report to Council in the coming months.

Ongoing

9 REPORTS FOR DECISION 9.1 CHIEF EXECUTIVE OFFICER

Nil

9.2 GENERAL MANAGER, BUSINESS & GOVERNANCE Nil



EDP9.3.1/2015 Kapunda Retirement Village

Folder ID: 24348 Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development Executive Summary

Report highlights

Expressions of Interest (EOI) have been invited with three EOIs received; To obtain accurate and fixed costs for the ‘build’ component it is recommended that

o the three EOI respondents be invited to submit a tender to ‘build, sell and manage’ the 15 unit development; and

o a preferred tenderer then be selected Part of the information (Financial Modelling) provided on this report is done so on a confidential basis therefore it is recommended that some of the discussion should be held in confidential session and documents pertaining there to be held on a confidential basis until the matter is finalised. Preamble:

A summary of the financial modelling is presented in a Confidential Supplementary Report; the disclosure of this information could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council.

Recommendation

1. That under the provisions of Section 90(2) and (3) (b) (i) and (ii) of the Local Government Act 1999, an order be made that with the exception of those persons listed all other persons present and the public be excluded from attendance at the meeting in order to consider in confidence a report (Item EDP9.3.1/2015 Kapunda Retirement Village) relative to:

(b) information the disclosure of which— (i) could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and

(ii) would, on balance, be contrary to the public interest; 2 That accordingly, on this basis, the principle that meetings of the Light Regional Council

Economic Development Panel should be conducted in a place open to the public has been outweighed by the need to keep the discussion confidential.

Recommendation

Pursuant to Section 91(7) of the Local Government Act 1999, the Panel orders that the report, minute and associated documents pertaining to Item EDP9.3.1/2015 Kapunda Retirement Village of the meeting held on Thursday, 20 August 2015, relating to a matter that was considered in confidence pursuant to Section 90(2) and (3) (b) (i) and (ii) be kept confidential until the matter is finalised.


Budget Impact

Estimated Cost: $ Staff time to manage the process

Future ongoing operating costs: $ Reference “Confidential Financial

Model”

Is this budgeted?

Yes

Open session Recommendation

That the Economic Development Panel recommend to Council:

1. That the Chief Executive Officer (who may delegate to the General Manager, Economic Development) to undertake a Tender Process in accordance with Council’s Policies and Procedures inviting the three candidates who had previously lodged an Expression Of Interest, to build, sell and manage the proposed 15 Unit retirement development on the Oldham Street site (previous Kapunda Bowling Club now in the ownership of Council).

2. That a preferred tenderer be selected by management for the purpose of:

obtaining accurate and fixed costs for the ‘build’ component; and

finalising negotiations on management fees, capital contributions, the production of required documentation and verification of ability to meet the rules and requirements under the Retirement Villages Act

3. That a further report be submitted to Council on this matter before any contractual

arrangements are entered into.

Reasons for the decision

To develop a business model on actual costs and income which will include returns, or otherwise, to Council, the costs and services for the residents of the Village and provide a firm financial basis for Council to consider the actual financials and benefits to the community by developing the Village. Detailed Report

Purpose

To seek a resolution of Council to enable a Tender process to be undertaken, seeking a ‘preferred Tenderer’ in order to obtain accurate and fixed costs for the ‘build’ component of the proposed Kapunda retirement living dwellings (15 units) and then prepare an accurate financial model in concert with the preferred tenderer, which includes all aspects of the management and returns to Council Background

At the Tuesday, 15 July 2014 meeting of the Economic Development Panel, to assist the Panel in its deliberation of the recommendation put forward, to waive the CWMS Augmentation fee for the Kapunda Bowling Club project (Item EDP9.3.3/2014), a preliminary financial model (based on cost estimates on-hand at that time), was presented to demonstrate potential income yield from the sale of the proposed 15 units. A further summary of the financial modelling is presented in a Confidential Supplementary Report. As reported to Council at the 28 July 2015 ordinary meeting, the Development Assessment Commission (DAC) has recently granted Development Plan Consent to Council’s development application to develop a fifteen unit retirement living precinct upon the land currently occupied by the Kapunda Bowling Club and recently purchased by Council History

25 March 2014 Meeting of Council 24 June 2014 Meeting of Council 15 July 2014 Economic Development Panel Meeting


22 July 2014 Meeting of Council 26 August 2014 Meeting of Council 23 September 2014 Meeting of Council 28 July 2015 Meeting of Council

Discussion/Analysis

Subsequent to the abovementioned meetings of the Economic Development Panel and the Council, and the presented preliminary financial model (based on cost estimates on-hand at that time), further assessments have been made and Expressions of Interest (EOI) have been invited by way of public advertisement to build, sell and manage a proposed 15 Unit retirement development on the Oldham Street site (previous Kapunda Bowling Club now in the ownership of Council). Three EOIs have been received and the summary of each is included in appendix 9.3A. Two of the respondents have demonstrated that they have the experience to meet all the requirements as set out in the EOI with the third having an interest in the building and selling aspects only; excluding management of the development. The financial modelling is outlined in a Confidential Supplementary Report in this Agenda. In order to obtain accurate and fixed costs for the ‘build’ component it is recommended that the three EOI respondents be invited to submit a tender to ‘build, sell and manage’ the 15 unit development thereby providing a fixed price for the “build” of the units and verification that the other two components (sell and manage) of the Tender can be satisfactorily carried out. The Tender, as indicated in the EOI, will be required to finance the build, with payment made on settlement of the units. It is recommended that a preferred tenderer then be selected to enable further discussion and negotiation on management fees, capital contributions, and to ensure that they can produce the required documentation and are able to meet all the rules and requirements under the Retirement Villages Act. It will also be necessary to make recommendations to Council on the return from the:

Deferred Management Fee (Pro Rata Basis) o Year 1 (after settling in period) 10% o Year 2 15% o Year 3 20% o Year 4 25%

and, Capital Items Replacement (CIR) Fee:

All of these, and other matters, would be finalised with the preferred tenderer and a report with recommendations submitted to Council for consideration. It is anticipated that the preferred Tender would be either accepted, or rejected, at that time by Council and a decision made on whether to continue with development by Council or “on sell” this project with all approvals in place. Conclusion

It is recommended that the Tender process be undertaken and a ‘preferred Tenderer’ selected in order to obtain accurate and fixed costs for the ‘build’ component of the proposed retirement living dwellings, to confirm the anticipated “sell and management” components of the project and to assist with the development of an accurate financial assessment. References

Legislation

Development Act 1993 Council Policies

Tenders & Quotations Procedures


Procurement Policy Contract Management – Procurement Procedures Strategic Plan

3.3.5 Entrepreneurial Projects


EDP9.3.2/2015 5 Shilling Estate – Advancement of Stage 1b Civil Works.

Author: John Shane, Consultant Report Presenter: John Shane, Consultant Executive Summary

In this proposal, Council would take a “Charge” over the additional 15 allotments, impose an interest component to its outlay for the offsite works and apply a risk mitigation allowance of $10k per allotment, amounting to some $150k return to Council, over and above all costs associated with the offsite works. The allotments are estimated to sell for an average price of $90k per allotment which leaves, after all of Councils costs, $550k for Aqua Reef to defray any interest costs on the $1.9m and to put towards the development of the next stage of the subdivision.

Budget Impact

Estimated Cost: $ ) See

Future ongoing operating costs: $ ) below

Is this budgeted?

The following outlines how such an initiative could work; with the off-site works having been costed by Council General Manager – infrastructure and Environment.

Land Development

35 lots (Aqua Reef) $1.9m Offsite Works (Roadworks & Stormwater) $0.5m (Council)

Funding Strategy

Aqua Reef

On site Development of 35 lots (staged) Estimated Cost $1.9m ($54k per lot) Cash Flows – Interest on Development Costs will be offset by Sales Revenue and therefore

finance costs could be efficiently contained.

Council

Off-site works $0.5m (LGFA) Interest Cost $0.150m (Term 6 years) Estimated Cost $0.650m

Cash Flow and Risk Mitigation

First 20 lots - sold by Aqua Reef and receives all sale proceeds

- 20 lots @ $90k (average) per lot $1.8m

- Cash flows to contain cost of finance to a minimum

Remaining 15 Lots - Council puts a “charge” over these 15 lots


- Held in escrow for 3 years or until the first 20 lots are sold whichever is the sooner

Risk Mitigation for Council on 15 Lots:-

- Sales Revenue (15 lots@ $90keach) $1.350m

- Refund CAPEX (LGFA) $0.500m

- Cost of Finance (6 years @ 5%) $0.150m

- Margin of Safety (about 23% on Council Costs of $650k) $0.150m

- BALANCE (to Aqua Reef) $0.550m

Aqua Reef will sell the first 20 Lots; anticipate within the first 3 years 2016-2019; then the remaining 15 lots will be sold in the other 3 year time period (thus 6 years). Council recoup’s all its costs for the “offsite works” as well as receiving a 23% margin of safety ($150k).

With a completed development, show homes, etc, it is likely that the sales momentum could increase the lot price above the $90k which will flow through to Aqua Reef; the more upside for Aqua Reef the better as it will provide them with financial capacity to continue with the 330 Lot Development.

Council will also receive additional rate revenue from the development noting that Council’s

current minimum rate is $807.00; therefore 20 lots @ $807.00 equates to $16kpa. (less portion of current rates paid on the entire development site).

Recommendation

That the Economic Development Panel recommends to Council that:-

1. Council acknowledges the importance of stimulating Kapunda residential growth to support the economic base of the Kapunda Township and surrounds.

2. Council recognises that it is in the public interest for the development of 5 Shillings Estate of 330 Allotments to be progressed.

3. The Chief Executive Officer (or his delegate) is instructed to formally commence negotiations with Aqua Reef to put into effect the potential funding and risk mitigation strategy as outlined in this report.

4. The Chief Executive Officer, who may delegate to the General Manager, Economic Development, submit a progress report to Council within 2 months of this decision.

5. The Chief Executive Officer be authorised to extend the operative life of the approval subject to his determination that documentation containing all of Councils requirements have been prepared and signed to his satisfaction.

Reasons for the decision

To provide fully serviced allotments and house and land packages in Kapunda for the following reasons:

• Approvals in place for developments at Kapunda include two major Supermarkets, On the Run 24 hour Service Station, new Drive in Bottle Department, multi- million dollar expansion of Johnsons Pellet Mill plus other smaller projects, all of which will require and provide employment and possibly attract families to live in the Town.

• New residents, particularly with young families, may not be inclined to reside in Kapunda unless competitively priced House and Land Packages are available with up to date infrastructure such as sealed and kerbed roads, footpaths, street lighting, landscaping etc., This can only be achieved in the 5 Shilling Estate.

• Some 330 allotments have been zoned Residential in the 5 Shilling Estate and it is highly unlikely, on past experience, that the Minister would agree to further residential zoning until 5 Shillings is substantially developed and sold. It can be concluded, therefore, that should this development not proceed, Kapunda will have very few saleable allotments to offer existing and new residents.

• The Kapunda Township Futures Study, being prepared currently after extensive Community consultation, indicates that Kapunda is generally well serviced in the areas of Education, Health,


Aged Care, Sporting facilities etc., based on the present population base. It is necessary therefore, to increase the population where possible to ensure that such services are maintained, and enhanced, in the future. This, again, is achieved by having well developed areas for potential residents to reside in.

• In a presentation to Council on 17th December, 2013, which discussed the sustainability of Council now and in the future, one of the means of attracting further funding through rates was identified as the development of Greenfield Sites. The only site available in Kapunda is the 5 Shilling Estate. It is noted that when fully developed the whole of the Estate will provide approximately $500kper annum in rates (based on today’s values). The suggested 35 allotments would provide additional rate revenue in the order of $50k per annum.


Detailed Report

Purpose

To provide the opportunity for the provision of fully serviced allotments and house and land packages in the Township of Kapunda. Background

At its ordinary meeting of 28 July 2015, Council passed the following resolution:

“That Council formally receives the report entitled Five Shillings Estate – Advancement of Stage 1B Civil Works. In noting the report, Council understands the importance of stimulating Kapunda’s residential growth projections and advancement of the stalled Five Shillings Estate is crucial to this. With a series of scenario based options being investigated to advance the delivery of stage 1B, Council encourages management to continue their without prejudice discussions with Aqua Reef Pty Ltd with a view of presenting a further report into the Chamber at the August 2015 ordinary meeting for consideration.”

History

20 October 2009 16 March 2010 24 May 2011 - I&RS9.3.2/2011 22 November 2011 13 December 2011 28 August 2012 - I&RS 9.3.3/2012 27 August 2013 - I&RS9.3.2/2013 24 March 2015 - EDP9.3.2/2015 28 July 2015

Discussion/Analysis

Management are now in receipt of confirmation from the ANZ Banking Group that funding has been approved to finance the development of 20 allotments on Brumby Court and associated off site works, including reconstruction and sealing of Kapunda Street. A further document has been received from the Contractor, Mr J. Telfer that he has signed up to carry out the construction work. As has been reported to Council, the management within Economic Development have been exploring various means whereby the funds available to the Developers could be better utilised to provide a more complete first stage, including the Boulevard entrance and 15 additional allotments. To this end, a potential funding strategy has been explored with the Directors of 5 Shillings and they have agreed that they are prepared to fund the additional allotments and the main entrance with funds redirected from the off-site works. The off-site works would then need to be carried out and financed by Council under a specific arrangement. In support of the development, two regional building companies have indicated their interest in placing display homes on the new allotments and offering house and land packages, some being around the $350k for a 3 bedroom dwelling. In discussions with Aqua Reef they have also indicated interest from another builder. The builders are, however, qualifying this by requiring that the development of the first stage be completed, or nearing completion, prior to commencing a sales programme. There are two points in relation to this. First, a fully developed subdivision has a much greater appeal and should sell at a faster rate and, secondly, house and land packages are more saleable than, in a lot of cases, bare allotments. Both regional builders have their own promotion program including Television and other advertising strategies in place and would include 5 Shillings within those.

Whilst the initial 10 allotments facing Maxwell Street sold relatively quickly, there is, of course, no guarantee that further allotments will sell as quickly. However, it is likely that a fully developed stage, with competitive house and land packages available, and the general lack of allotments for sale in Kapunda, the developed stage 1B (35 Allotments) could be sold within the 6 year period suggested.


Conclusion

Management continues to work through the many statutory, legal, financial and planning processes that need addressing to bring this initiative to fruition ahead of further reporting into the Chamber at a subsequent meeting. In noting the further exploratory work necessary, this initiative is built on a philosophy of advancing an otherwise stagnant residential land release through the advancement of funds to the private sector recouped at the point of sale with the relevant sum owed to Council amortised over the respective allotments. References

Legislation

Development Act 1993 and Regulations 2008 Development Plan

Council Policies

N/A

Strategic Plan

N/A


9.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT Nil


Nil

11. PROCEDURAL MATTERS 11.1 QUESTIONS WITHOUT NOTICE

Rules per Regulations -

Questions and replies are not entered in the minute book unless expressly required by resolution.

No debate shall be allowed on any question or the reply to any question. If required by the Chairman, such questions shall be put in writing. The Chairman may direct that a reply be given at the next meeting.

11.2 QUESTIONS ON NOTICE

Rules per Regulations –

These questions must be in writing and given to the Chief Executive Officer five (5) clear days prior to the meeting.

Chief Executive Officer shall place these items in the agenda. They shall be answered by the Chairman at the meeting. Questions and replies shall be entered into the minute book.


11.3 NOTICE OF MOTION

11.4 MOTIONS WITHOUT NOTICE Rules per Regulations

A member may bring forward a motion without notice and if required by the Chairman, put it in writing.

Before addressing the meeting, the member shall state the purpose of the motion. A member cannot move more than one motion without notice on the same subject at any

meeting.

12. CONFIDENTIAL ITEMS EDP9.3.1/2015 Kapunda Retirement Village Folder ID: 24348 Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development (refer Item EDP9.3.1/2015 of this Agenda)


EDP12.1/2015 Kapunda Main Street – Urban Design Framework

Appendix: 12A Timeline & 6Ds of Project Management Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development 1. That under the provisions of Section 90(2) and (3)(b)(i) of the Local Government Act 1999, an

order be made that with the exception of those persons listed all other persons present and the public be excluded from attendance at the meeting in order to consider in confidence a report EDP12.1/2015 Kapunda Main Street – Urban Design Framework relative to the provision of : (b) Information the disclosure of which-

(i) Could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council;

2 That accordingly, on this basis, the principle that meetings of Light Regional Council Economic Development Panel should be conducted in a place open to the public has been outweighed by the need to keep the discussion confidential.

Recommendation

Pursuant to Section 91(7) of the Local Government Act 1999, the Light Regional Council Economic Development Panel orders that the report, minute and associated documents pertaining to EDP12.1/2015 Kapunda Main Street – Urban Design Framework of the meeting held on Thursday 20 August 2015, relating to a matter that was considered in confidence pursuant to Section 90(2) and (3)(b)(i) be kept confidential until the matter is finalised. 13. NEXT MEETING

14. CLOSURE


ASPIRATION



MINUTES

from the Meeting of

ECONOMIC DEVELOPMENT PANEL

in the

KAPUNDA COMMITTEE ROOM


THURSDAY, 20 AUGUST 2015 at 12:00noon

Principal Office: 93 Main Street Branch Office: 12 Hanson Street

Kapunda 5373 Freeling 5372

Telephone: 8525 3200

Facsimile: 8566 3262

2014/12

MINUTES OF THE MEETING OF LIGHT REGIONAL COUNCIL ECONOMIC DEVELOPMENT PANEL HELD

ON THURSDAY, 20 AUGUST IN THE KAPUNDA COMMITTEE ROOM,


1. PRESENT

Cr Deane Rohrlach (Chairman) Dutton Ward Cr Robert Kerin Light Ward Bill O’Brien Mayor Mr James Miller General Manager, Economic Development Ms Stacie Dickson Personal Assistant

2. OPENING

Cr Deane Rohrlach declared the meeting open at 12:04pm

3. APOLOGIES

Cr Des Ellis Dutton Ward Cr Samantha Mitchell (entered the meeting at 12:09pm) Mudla Wirra Ward Mr John Shane Consultant

4. MINUTES 4.1 CONFIRMATION OF PANEL MINUTES

Moved Mayor O’Brien Seconded Cr Kerin That the minutes of the meeting of the Economic Development Panel held 23 April 2015 be confirmed as a true and correct record of that meeting.

CARRIED

5. COMMUNICATIONS 5.1 REQUESTED DOCUMENTS/CORRESPONDENCE TO BE TABLED

6. DEPUTATIONS AND PRESENTATIONS Nil

7. ADJOURNED BUSINESS Nil

Light Regional Council Economic Development Panel Meeting Minutes – Thursday, 20 August 2015 2015/13

8. BUSINESS ARISING Cr Mitchell entered the meeting at 12:09pm Current Status of all matters noted.

9. REPORTS FOR DECISION 9.1 CHIEF EXECUTIVE OFFICER

Nil 9.2 GENERAL MANAGER, BUSINESS & GOVERNANCE

Nil


EDP9.3.1/2015 Kapunda Retirement Village Folder ID: 24348 Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development The Panel resolved at 12:17pm to defer item EDP9.3.1/2015 Kapunda Retirement Village until confidential session. EDP9.3.2/2015 5 Shilling Estate – Advancement of Stage 1b Civil Works. Author: John Shane, Consultant Report Presenter: James Miller, General Manager, Economic Development Moved Cr Kerin Seconded Mayor O’Brien That the Economic Development Panel recommends to Council that:-

1. Council acknowledges the importance of stimulating Kapunda residential growth to support the economic base of the Kapunda Township and surrounds.

2. Council recognises that it is in the public interest for the development of 5 Shillings Estate of 330 Allotments to be progressed.

3. Council supports the amended 20 allotment land division proposal as previously endorsed at its ordinary meeting of August 2012.

4. Council acknowledges the potential benefits that a 35 allotment proposal would bring to stimulating residential growth in Kapunda as outlined in the Economic Development Panel report, however is concerned at the impact on Council’s overall financial position in the context of recent substantial loan borrowings having been undertaken for various projects. To that end, Council reserves it position in relation to this initiative until such time as a further report is presented back which thoroughly examines the financial implications on the organisation, with particular attention on the following:-

What impact will this initiative have on the 2015/16 annual budget and four year financial plan;


What is the extent of un-budgeted expenditure (loan borrowings) already pledged via resolution;

Implications on the net financial liabilities ratio; Likelihood into take up rates of the 35 allotments over a six year period.

5. The Chief Executive Officer be authorised to extend the operative life of the approval subject to his determination that documentation containing all of Councils requirements have been prepared and signed to his satisfaction.

CARRIED The Committee Chairman declared a five (5) minute break at 12:57pm. The meeting reconvened at 1:01pm EDP9.3.1/2015 Kapunda Retirement Village Folder ID: 24348 Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development Moved Cr Mitchell Seconded Cr Kerin 1. That under the provisions of Section 90(2) and (3) (b) (i) and (ii) of the Local Government Act 1999, an

order be made that with the exception of those persons listed all other persons present and the public be excluded from attendance at the meeting in order to consider in confidence a report (Item EDP9.3.1/2015 Kapunda Retirement Village) relative to:

(b) information the disclosure of which— (i) could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and

(ii) would, on balance, be contrary to the public interest; 2 That accordingly, on this basis, the principle that meetings of the Light Regional Council Economic

Development Panel should be conducted in a place open to the public has been outweighed by the need to keep the discussion confidential.

CARRIED Moved Cr Mitchell Seconded Mayor O’Brien Pursuant to Section 91(7) of the Local Government Act 1999, the Panel orders that the report, minute and associated documents pertaining to Item EDP9.3.1/2015 Kapunda Retirement Village of the meeting held on Thursday, 20 August 2015, relating to a matter that was considered in confidence pursuant to Section 90(2) and (3) (b) (i) and (ii) be kept confidential until the matter is finalised.

CARRIED Moved Mayor O’Brien Seconded Cr Mitchell That the Economic Development Panel recommend to Council:

1. That the Chief Executive Officer (who may delegate to the General Manager, Economic Development) to undertake a Tender Process in accordance with Council’s Policies and Procedures inviting the three candidates who had previously lodged an Expression Of Interest, to build, sell and manage the proposed 15 Unit retirement development on the Oldham Street site (previous Kapunda Bowling Club now in the ownership of Council).


2. That a preferred tenderer be selected by management for the purpose of: obtaining accurate and fixed costs for the ‘build’ component; and finalising negotiations on management fees, capital contributions, the production of required

documentation and verification of ability to meet the rules and requirements under the Retirement Villages Act

3. That a further report be submitted to Council on this matter before any contractual arrangements are

entered into. CARRIED


9.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT Nil 10. REPORTS FOR INFORMATION

Nil 11. PROCEDURAL MATTERS

11.1 QUESTIONS WITHOUT NOTICE Rules per Regulations -

Questions and replies are not entered in the minute book unless expressly required by resolution. No debate shall be allowed on any question or the reply to any question. If required by the Mayor, such questions shall be put in writing. The Chairperson may direct that a reply be given at the next meeting.

Nil 11.2 QUESTIONS ON NOTICE

Rules per Regulations –

These questions must be in writing and given to the Chief Executive Officer five (5) clear days prior to the meeting.

Chief Executive Officer shall place these items in the agenda. They shall be answered by the Mayor at the meeting. Questions and replies shall be entered into the minute book.

Nil

11.3 NOTICE OF MOTION Nil


11.4 MOTIONS WITHOUT NOTICE Rules per Regulations

A member may bring forward a motion without notice and if required by the Mayor, put it in writing. Before addressing the meeting, the member shall state the purpose of the motion. A member cannot move more than one motion without notice on the same subject at any meeting.

Nil 12. CONFIDENTIAL ITEMS EDP9.3.1/2015 Kapunda Retirement Village Folder ID: 24348 Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development Refer to page 2015/14 of these minutes. EDP12.1/2015 Kapunda Main Street – Urban Design Framework

Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development Moved Cr Mitchell Seconded Mayor O’Brien 1. That under the provisions of Section 90(2) and (3)(b)(i) of the Local Government Act 1999, an order be

made that with the exception of those persons listed all other persons present and the public be excluded from attendance at the meeting in order to consider in confidence a report EDP12.1/2015 Kapunda Main Street – Urban Design Framework relative to the provision of : (b) Information the disclosure of which-

(i) Could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council;

2 That accordingly, on this basis, the principle that meetings of Light Regional Council Economic Development Panel should be conducted in a place open to the public has been outweighed by the need to keep the discussion confidential.

CARRIED Moved Cr Mitchell Seconded Mayor O’Brien Pursuant to Section 91(7) of the Local Government Act 1999, the Light Regional Council Economic Development Panel orders that the report, minute and associated documents pertaining to EDP12.1/2015 Kapunda Main Street – Urban Design Framework of the meeting held on Thursday 20 August 2015, relating to a matter that was considered in confidence pursuant to Section 90(2) and (3)(b)(i) be kept confidential until the matter is finalised.

CARRIED


13. MEETINGS

The next ordinary meeting of Light Regional Council Economic Development Panel will be held on a date to be advised.

14. CLOSURE

The meeting was declared closed at 1:29pm

Minutes of meeting confirmed at a meeting of Economic Development Panel to be advised.

PRESIDING MEMBER (CHAIRMAN) _________________________________

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