The Hills Shire Council
ATTACHMENT 4 DETOUR AND ROAD CLOSURE PLAN (GENERAL LAYOUT)
ORDINARY MEETING OF COUNCIL 24 MARCH, 2020
ITEM-8 ACQUISITION PART 1 NEICH ROAD MARAYLYA
DOC INFO
THEME: Delivering & Maintaining Infrastructure
OUTCOME: 7 Our Community infrastructure is attractive, safe and well maintained.
STRATEGY:
7.1 Provide and maintain sustainable infrastructure and assets that enhance the public domain, improve the amenity and achieve better outcomes for the community.
MEETING DATE: 24 MARCH 2020 COUNCIL MEETING
GROUP: SHIRE STRATEGY, TRANSFORMATION AND SOLUTIONS AUTHOR: PRINCIPAL COORDINATOR PROPERTY
LYNNE FERRIER
RESPONSIBLE OFFICER:
MANAGER – SPECIAL PROJECTS, PROPERTY &
BUILDINGS
STEPHEN CULLEN
EXECUTIVE SUMMARY
This report recommends that Council purchase Part Lot 2 in Deposited Plan 582362, Part 1 Neich Road, Maraylya for road works for the amount of $55,172 plus GST and disturbance costs outlined in this report.
REPORT
In November 2019, Council approved the construction of a single lane circulating roundabout at the intersection of Boundary Road, Pitt Town Road and Neich Road, Maraylya.
The roundabout will be funded from a grant received through the 2018/19 Federal Blackspot Program. The four way intersection has an accident history and as a result of the crash history the construction of a roundabout met the criteria for Federal Blackspot funding of
$650,000. Refer to Figures 1 & 2.
Property acquisition is required from the property located on the north western corner of Neich Road and Boundary Road in the Hawkesbury LGA to allow for the relocation of a power pole on this corner to accommodate the construction of the roundabout.
The area proposed to be acquired is approximately 44.65m2 (subject to final survey) of vacant land zoned RU4 – Primary Production Small Lots located at 1 Neich Road. It forms part of a larger 2.464 hectare rural residential lot located at the intersection of Neich, Boundary and Pitt Town Roads. (Refer to Attachments 1 & 2)
Whilst the area proposed to be acquired is in the Hawkesbury LGA, funding for the property acquisition and the construction of the roundabout has been provided to Council. There is no impediment to Council acquiring land even though it is in the Hawkesbury LGA.
ORDINARY MEETING OF COUNCIL 24 MARCH, 2020
Panel valuer, Independent Property Valuers (IPV) was instructed to undertake a valuation to determine the compensation for the acquisition of the subject property. IPV determined a market value of $5,000 plus GST and $5,000 for fencing costs on the basis of the RU4 zoning.
A “Without Prejudice” offer of $5,000 plus GST plus payment of the Vendors reasonable legal and valuation fees and provision of fencing, landscaping and driveway works was issued to the owners on 27 September 2019.
In December 2019 the landowners rejected the offer and provided a valuation from Romeo Property Valuers as their counter offer for an amount of $68,000 plus legal fees. This amount comprised the following:
Market Value $7,150
Decrease in the value of other land $52,500 Replacement fencing costs $1,828.19 Valuation fees $6,000 Total $68,000
The significant difference between the two Valuers determination was due to the amounts determined for a decrease in value in the remaining land pursuant to section 55(f) of the Land Acquisition (Just Terms Compensation) Act 1991. Sec 55(f) provides the landowner an entitlement to compensation for a loss in value of adjoining land; it is sometimes referred to as injurious affection.
Whilst Council’s valuer determined a nil value for sec 55(f) the landowner’s Valuer allowed a 2.5% discount to the market value of the residue property. Their determination was based on their opinion that the property would be adversely affected by the proposed road works and construction of the roundabout and that the works would detract from the amenity, market appeal and value of the property.
Council’s Valuer initially determined a nil amount, but following “Without Prejudice”
negotiations with the landowners Valuer, conceded that the proposed works may impact on the residence and were able to reach concurrence on the value. The agreed amount was
$57,000 exclusive of GST plus reasonable legal fees. This amount comprised the following:
Market Value $7,150
Decrease in the value of other land $41,500 Replacement fencing costs $1,828.19
Valuation fees $6,000
Total $57,000
Following further discussions with the Owners the amount offered was amended to $55,172 excluding GST plus reasonable legal fees. The amended amount excluded an amount for replacement fencing as Council will construct fencing as part of the proposed works.
The Owner’s advised on 4 March 2020 that they would accept Council’s revised offer of
$55,172 excluding GST plus reasonable legal fees.
ORDINARY MEETING OF COUNCIL 24 MARCH, 2020
Figure 1: Intersection of Boundary Rd, Pitt Town Rd & Neich Rd, Maraylya
Figure 2 – Area proposed to be acquired
Council's professional costs for valuation and legal fees are estimated at $10,000 should the purchase proceed subject to the terms of offer.
CONCLUSION
Council requires the land to undertake the proposed works and the ongoing negotiations have resulted in delays to delivering the project. The landowners have clearly indicated that they will not accept an amount less than the agreed amount of $55,172. If Council does not agree to pay this amount they will be required to commence the acquisition via a compulsory acquisition process which will delay the acquisition by a further 12 - 18 months and result in significant additional legal and valuation costs, estimated to be in excess of $50,000. For further information see confidential memo attached under separate cover.
ORDINARY MEETING OF COUNCIL 24 MARCH, 2020
IMPACTS Financial
The acquisition will be funded as part of the project (Project Number 610178) which is fully grant funded by the Federal Blackspot Program.
The Owners disturbance (legal) costs are estimated to be $10,000 but may be higher.
Strategic Plan - Hills Future
The recommendation of this report demonstrates Council’s aim of achieving a safer road network through the installation, renewal and modification of traffic facilities.
RECOMMENDATION
1. Council agree to the purchase Part Lot 2 in Deposited Plan 582362, Part 1 Neich Road, Maraylya for road works for the amount of $55,172 plus GST and disturbance costs outlined in this report with a Contract, Deed & Transfer authorised for execution under seal.
2. Upon acquisition, Council classify Part Lot 2 in Deposited Plan 582362, Part 1 Neich Road, Maraylya as “Operational” Land pursuant to Section 25 of the Local Government Act 1993.
3. Upon acquisition, Lot 2 DP 1257802, be dedicated as Public Road pursuant to Section 10 of the Roads Act 1993 and a Request document be authorised for execution under seal for lodgement at NSW Land Registry Services.
ATTACHMENTS
1. Memo distributed to Councillors (under separate cover).
ORDINARY MEETING OF COUNCIL 24 MARCH, 2020
ITEM-9 INFORMATION AND STATUS REPORTS
DOC INFO
THEME: Proactive Leadership
OUTCOME: 3 Sound governance that values and engages our customers and is based on transparency and accountability.
STRATEGY:
3.3 Ensure Council is accountable to the community and meets legislative requirements and support Council’s elected representatives for their role in the community.
MEETING DATE: 24 MARCH 2020 COUNCIL MEETING
GROUP: FINANCE AND ORGANISATIONAL PERFORMANCE
AUTHOR:
MANAGER GOVERNANCE AND PUBLIC OFFICER MICHAEL SPENCE
CORPORATE LAWYER MIRANDA AIDEN
RESPONSIBLE OFFICER:
GROUP MANAGER – FINANCE & ORGANISATIONAL PERFORMANCE
CHANDI SABA
REPORT
a. Legal Matters
For Land & Environment Court appeals, funds have been provided within the Environment &
Planning Budget. Legal costs for Land & Environment Court appeals for this financial year are as follows:
Financial Year Expended Committed Total
2019/2020 $257,202.37 $102,437.49 $359,639.86
For Civil Proceedings, Applications and Criminal Prosecutions, funds have been provided by each relevant Service Group of Council and the costs are charged against each relevant group.
Legal costs for matters relating to Service Groups for the financial year are as follows:
Department Expended Committed Total
General Manager $138,781.42 $17,522.88 $156,304.30
Shire Strategy, Transformation & Solutions $92.30 $0 $92.30 Finance & Organisational Performance $35,699.08 $685.91 $36,384.99
Infrastructure and Works $15,585.94 $0 $15,585.94
Development & Compliance $24,077.17 $9,349.91 $33,427.08
Total $241,794.61
ORDINARY MEETING OF COUNCIL 24 MARCH, 2020
To date, a total of $601,434.47 has been expended or committed representing 64% of the adopted Budget (Attachments 1, 2 and 3).
Furthermore, a total of $60,260.98 has been recovered from fines and legal cost recovery.
b. Outstanding Resolutions Of Council – February 2020
The attached schedule details by Group, the various matters that have been before Council, yet remain unresolved or uncompleted pending additional tasks or events (Attachment 4).
c. Questions And Answers - Council Meetings – 11 February and 25 February 2020 The attached schedule is a record of responses provided to members of the public during Community Forum and to Councillors during Questions Without Notice for the meetings held on 11 February and 25 February 2020 (Attachment 5).
d. Appreciation Letters – February 2020
The attached schedule shows copies of letters of appreciation from individuals and organisation received since the last meeting (Attachment 6).
e. Development Applications Awaiting Determination
The current number of Development Applications (exceeding 40 days) under consideration as at 13 March 2020 is detailed in the report. No Development Applications were refused between 13 February 2020 and 13 March 2020. (Attachment 7).
IMPACTS Financial
This matter has no direct financial impact upon Council’s adopted budget or forward estimates.
The Hills Future - Community Strategic Plan
This has no direct impact on any other Hills 2026 themes.
RECOMMENDATION
1. The status of legal matters before all Courts as shown in Attachments 1, 2 and 3 be noted (ECM Document Nos. 18701924, 18701930 and 18701933).
2. The Status of Outstanding Resolutions as shown in Attachment 4 be noted (ECM Document Nos. 17211395, 17211396 and 17211398).
3. The Schedule of Questions and Answers at Council Meetings held on 11 February and 25 February 2020 shown in Attachment 5 be noted (ECM Document Nos.18672400 and 18722942)
4. The Letters of Appreciation as shown in the Attachment 6 be noted (ECM Document No.
18692287).
5. The status of Development Applications awaiting determination as shown in Attachment 7 be noted (ECM Document No. 18741245)
ATTACHMENTS
1. Planning Appeals as at 17 March 2020 (14 pages) 2. Civil Proceedings as at 17 March 2020 (2 pages)
3. Applications and Criminal Prosecutions as at 17 March 2020 (3 pages)
ORDINARY MEETING OF COUNCIL 24 MARCH, 2020
5. Questions & Answers Meetings February 2020 (10 pages) 6. Appreciation letters received February 2020 (3 pages)
7. Environment and Planning Group – Applications over 40 days under consideration between 13 February 2020 and 13 March 2020. (22 pages).
ORDINARY MEETING OF COUNCIL 24 MARCH, 2020
ATTACHMENT 1