CITY OF STIRLING
MINUTES
SPECIAL MEETING OF COUNCIL
20 JANUARY 1998
TABLE OF CONTENTS
ITEM SUBJECT/LOCATION/NAME PAGE
1* CITY OF STIRLING - PROPOSED SPLIT 1
* - Indicates Separate Attachments submitted with Agenda.
MINUTES OF THE SPECIAL MEETING OF COUNCIL HELD IN THE PARMELIA ROOM, CIVIC PLACE, STIRLING ON TUESDAY 20 JANUARY 1998 AT 6.35PM
Present: |
Mayor |
Councillor D C Vallelonga JP |
Deputy |
Councillor R M Willox JP | |
Councillors |
D Boothman, J M Camilleri OAM JP, V A Cooke,
| |
Officers |
Chief Executive Officer - M J Wadsworth, Deputy Chief Executive Officer - R A Constantine, Acting Executive Manager Community Development -
| |
Guests |
Freeman G A Venville OAM JP
| |
Public |
Nil | |
Press |
Nil |
APOLOGIES
Moved Councillor Martin, seconded Councillor Clarey
That an apology from Councillor W M Stewart be accepted.
The motion was put and declared CARRIED.
DECLARATION OF FINANCIAL INTEREST
Councillor Willox declared a Financial Interest in Item: 1.
Councillor Willox declared a financial interest in Item: 1 as he is a Deputy Member on the Local Government Advisory Board.
It was moved Councillor Spagnolo, seconded Councillor Martin that Councillor Willox's interest be declared remote and trivial.
Councillor Willox however, left the meeting at 6.36pm prior to discussion on Item: 1, and was absent for the duration of the meeting.
Mr Kim Wood from Kott Gunning Solicitors was in attendance to assist the Council on legal matters.
Councillor Tyzack queried if Councillor Spagnolo had a financial interest in Item: 1, due to his employment with the City of Bayswater. Councillor Spagnolo informed Council that he has previously sought advice from the Department of Local Government and there is no interest.
REPORT Deputy Chief Executive Officer - 20 January 1998
Moved Councillor Tyzack, seconded Councillor Stewart
That a QC opinion be obtained to advise on the validity of the Local Government Advisory Board's actions and recommendations for the purpose of acquainting the Council on its legal position.
That the Mayor and the City's Executives be authorised to arrange a deputation to the Minister for Local Government to discuss the Minister's proposal on this matter.
The motion was put and declared CARRIED.
RECOMMENDATIONS TO COUNCIL
1. That Council forms the opinion that the recommendation by the Local Government Advisory Board to the Minister for Local Government for transfer of part of the City of Stirling district to the City of Bayswater is deficient because the proposal is significantly different from any of the formal proposals into which the Local Government Advisory Board enquired; that the Local Government Advisory Board ought not to have recommended the transfer of land north of the railway line of Maylands without acquainting the affected parties with this different proposal and giving those parties adequate opportunity to make submissions with respect to the proposal (Schedule 2.1-6 Local Government Act).
2. That Kott Gunning, solicitors for the City, be requested to seek from the appropriate Court a declaration restraining the Hon Minister for Local Government from acting on the recommendation of the Local Government Advisory Board and that the application for the declaration be based on the Council opinion and attendant legal issues arising from Recommendation 1.
To inform Council of the recommendation of the Local Government Advisory Board following an investigation into the proposal to transfer Maylands to the City of Bayswater.
BACKGROUND
The Hon Minister for Local Government has issued a press release indicating that he will be recommending to the Governor, Orders by which part of the City of Stirling district will be transferred to the City of Bayswater.
The proposed transfer includes all of the existing City of Stirling district south of the railway line at Maylands and the area north of the railway line which is included in the current suburb of Maylands.
Council members have been issued with a copy of the Local Government Advisory Board report which contains the recommendation to the Minister for the transfer orders to be made.
The procedure that applies with respect to the Local Government Advisory Board's dealing with proposals, and recommending action to the Hon Minister for Local Government, is summarised as follows:
1. Following formal inquiry the Local Government Advisory Board then reports to the Minister:
· that the Minister reject the proposal
· that an order be made in accordance with the proposal; or
· that some other order be made.
2. The Local Government advisory Board is not to recommend the making of an order significantly different from the proposal into which it inquired unless affected parties have been acquainted with the different proposal and been given adequate opportunity to make submissions with respect to the proposal. (Sch 2.1 - 6).
3. The Minister for Local Government may recommend to the Governor the making of an Order for the changing of the Boundaries of the City of Stirling after receipt of the Local Government Advisory Board report, but only if the Local Government Advisory Board has recommended that the change be made. (Sect 2.1 (3)).
A legal opinion has previously been obtained from Kott Gunning indicating that if the Local Government Advisory Board proposes a transfer of land which represents a significantly different proposal from any formal proposal, then the affected parties must be consulted.
The following schedule indicates that the proposed transfer of land north of the railway line is significantly different from either the Minister's formal proposal or Bayswater's formal proposal, into which the Local Government Advisory Board held formal enquiries. In the case of the Minister's proposal, the variation is generally some 25% greater. In respect of the Bayswater proposal, the proposed transfer north of the railway is more than 50% of that proposal, taking number of properties, values, population and rates as the measure.
|
Maylands Transfer Proposals |
Area
|
Number Properties |
Population
|
Valuation |
Rates 97/98 |
|
Minister's Proposal |
467 |
4,379 |
7,963 |
24,379,398 |
1,946,672 |
|
Bayswater's Proposal North of Line to Beaufort Street (additional proposal) |
115 |
2,114 |
3,321 |
10,672,893 |
879,602 |
|
LG Advisory Board Variation (railway North to suburb boundary) |
64 |
1,231 |
2,015 |
5,777,375 |
498,554 |
|
LG Advisory Board Variation (railway North to suburb boundary) as % of Minister's Proposal |
14% |
28% |
25% |
24% |
26% |
|
LG Advisory Board Variation (railway North to suburb boundary) as % of Bayswater's additional Proposal |
56% |
58% |
61% |
54% |
57% |
On the grounds that the City of Stirling has opposed the transfer of any of its district to the City of Bayswater and with reference to the apparent legal deficiency of the Local Government Advisory Board's procedure, the Council may consider seeking an injunction to prevent any transfer occurring.
Notes:
1. The Advisory Board's recommendation appears to have had particular regard for the existing suburb boundary. It should be noted that more than 1200 letters have been issued to residents in the area north of the railway line in the existing suburb of Maylands, proposing that the suburb be renamed Inglewood. To date all responses to these letters have been positive.
2. The area north of railway line is currently within the service catchment area for the City of Stirling Civic Centre facilities, (library and autumn centre) at the corner of 9/10th avenue Inglewood. If the subject area is transferred it would still be expected that the people within the area would expect service from those facilities.
3. The postal boundary is not a natural boundary and has no attribute for ongoing planning and the provision of community facilities. The railway line has a greater natural boundary claim.
4. A plan showing population in the areas concerned is attached.
The Meeting closed at 7.52pm
SIGNED this day of 1998
______________________________________
MAYOR