Extraordinary Council Meeting


30 June 2020



Extraordinary Council Meeting Minutes

30 June 2020


Order Of Business

1         Opening. 3

2         Recording of the Meeting. 3

3         Webcast Notice. 3

4         National Anthem.. 3

5         Acknowledgement of Country. 3

6         Apologies and Leave of Absence Requests. 3

7         Declaration of Interest 3

8         Items to be Tabled. 3

9         Mayoral Minute. 4

9.1           Mayoral Minute. 4

10       Management and Provision of Infrastructure. 6

10.1         Planning for Community and Recreation Facilities in Appin. 6

11       Efficient and Effective Council 7

11.1         Vacancy in Civic Office. 7

12       Closed Reports. 8

12.1         Proposed Land Transfer to Council from Planning Ministerial Corporation - Part Lot 2 DP 522044 Appin Road, Appin. 8



Extraordinary Council Meeting Minutes

30 June 2020


MINUTES OF Wollondilly Shire Council
Extraordinary Council Meeting
held online via Audio Visual Link and open to the public via Webcast
Tuesday, 30 June 2020 at 5.43pm


PRESENT:              Mayor Matthew Deeth, Cr Judith Hannan, Cr Robert Khan, Cr Michael Banasik, Cr Matthew Gould, Cr Blair Briggs, Cr Simon Landow, Cr Noel Lowry

IN ATTENDANCE: Chief Executive Officer, Executive Director Community & Corporate, Director Infrastructure & Environment, Director Planning, Assistant Director People, Legal & Governance, General Counsel, Corporate Governance and Risk Coordinator - Host, one Minute Taker

1          Opening

Legislative changes to the Local Government Act section 747A now permits Council meetings to be held remotely using audio visual link and is open to members of the community via webcast.

2          Recording of the Meeting

In accordance with Council’s Code of Meeting Practice the private electronic recording of the Council Meeting and the use of electronic media during the proceedings is not permitted. This includes devices such as laptops, mobile phones, tape recorders and video cameras.

3          Webcast Notice

Members of the public are advised that open sessions of this meeting are webcast live for public viewing on Council’s website. Audio and video footage taken is of the elected body and staff only.

4          National Anthem

5          Acknowledgement of Country

The Mayor acknowledged the traditional Custodians of the Land:


I would like to pay my respect and acknowledge the traditional custodians of the land on which this meeting takes place, and also pay respect to Elders both past and present.

6          Apologies and Leave of Absence Requests 


7          Declaration of Interest






9          Mayoral Minute

9.1         Mayoral Minute

It’s with deep sadness that I let you know of the passing of Robin Davies. Robin was an environmental warrior for Wollondilly and her passion inspired many. Robin passed away peacefully with her family by her side on Monday night after a long battle with cancer.

Robin was a founding member of the Wollondilly Community Nursery (1996) and member of WRAP Wollondilly Regenerators and Propagators. She was also one of the original founding members of the Redbank Landcare Group (2001) and Barragal Landcare group (2006). Robin was also a valued member of the Australian Plant Society and volunteered at Mt Annan Botanic Gardens.


Robin’s support throughout many council events and Community Nursery stalls has been most appreciated and she would always share her wealth of knowledge and enthusiasm assisting residents in their enquiries regarding plants, the bush and volunteering. Robin continued to volunteer even through tough times of personal adversity.


Robin was originally from the Burragorang Valley – now known as Lake Burragorang or Warragamba Dam. Due to her strong ties to the Burragorang Valley Council’s Environmental Services Team and I would like to plant a Eucalyptus Benthamii (Camden Whitegum) in her honour.


A snapshot of some of the achievements and awards that would not have been possible without Robin’s contribution is provided below.


Councillors were invited to speak. Cr Hannan and Banasik addressed the meeting.


I’d now ask for a Minutes silence in memory of Robin.



  • Wollondilly Community Nursery WRAP 1995 - 2015
  • Redbank Landcare group 2001 – 2008
  • Werri Berri Creek Landcare events 1998 - 2004
  • Stonequarry Creek Landcare 1995 - 2008
  • Barragal Landcare group 2007 – present
  • Kooris on the move landcare Picton 2009 – present


Other achievements

  • Citizen of the year nomination Ron Davies 2014
  • Starlight Garden – Starlight sanctuary June 2003
  • Citizen of the Year Robin Davies 2009


Awards for the nursery and recognition

  • Macarthur Industry awards – Environmental 2002
  • Native Vegetation Conservation Award 2002 – Catchment Management
  • Landcare conservation award Oct 2003 – silver award WRAP
  • Order of Macarthur Awards 2007 WRAP.





Resolution  116/2020

Moved:       Mayor Matthew Deeth

That Council recognise Robin Davies immense contribution to our Shire by naming an appropriate facility such as the Wollondilly Nursery or another appropriate Council asset in her honour.



On being put to the meeting the motion was declared carried 8/0



In Favour:        Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould, Blair Briggs, Simon Landow and Noel Lowry

Against:           Nil





10        Management and Provision of Infrastructure

10.1       Planning for Community and Recreation Facilities in Appin

Resolution  117/2020

Moved:       Mayor Matthew Deeth

Seconded:  Cr Matthew Gould

That Council note the update.


On being put to the meeting the motion was declared carried 8/0


In Favour:        Crs Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Matthew Gould, Blair Briggs, Simon Landow and Noel Lowry

Against:           Nil






11        Efficient and Effective Council

11.1       Vacancy in Civic Office


This matter was withdrawn from the meeting due to the release of recently gazetted orders by the Minister.






12        Closed Reports


The proposed closed Item on tonight’s agenda was dealt with in open session.


12.1       Proposed Land Transfer to Council from Planning Ministerial Corporation - Part Lot 2 DP 522044 Appin Road, Appin

Resolution  118/2020

Moved:       Cr Matthew Gould

Seconded:  Cr Blair Briggs


1.       That Council accept a transfer of land from the Planning Ministerial Corporation for part of Lot 2 DP 522044, 180 Appin Road, Appin subject to:

a.       Embellishment of the property in accordance with the Project Delivery Agreement (Attachment 1).

b.      The land being transferred as Community Land to be used for any recreational purpose and categorised as natural area, sports grounds, park or areas of cultural significance under the Local Government Act 1993 (Recreational Purposes) with not less than 80% remaining as open space.

c.       The land be transferred for consideration of $1.00 in accordance with the Land Transfer Agreement (Attachment 2).

d.      Council being able to veto any specific proposed embellishment on the site if, in the view of council, it would be outside council’s capacity to maintain, noting that council may be liable for some of the design costs if such a veto comes when the designs are approaching completion.

e.       That generally speaking the embellishments be to facilitate use of the site for one or more of the following purposes:

i.        passive parkland,

ii.       children’s nature play,

iii.      mountain bike or horse riding trails,

iv.      adventure activities such as Spartan style obstacle courses,

v.       Bushwalking or similar environment based activities,

vi.      Sporting facilities identified in the community consultation process and consistent with council’s adopted open space strategy.

f.       The concept design for the site consider broader infrastructure requirements such as traffic management and that council not be left with a funding liability to make the facilities useable or fit for purpose.

g.      That in developing the concept design significant and meaningful consultation occur with the local community in determining embellishments for the site.


2.       That council notes that once DPIE presents a completed design concept, council must approve the proposed design, and is able to reject the proposal and exit the arrangement, however that this course of action will incur costs to council.


3.       That a report come to council once DPIE has developed the concept design and the full details of the proposed embellishments are known. Further that an extraordinary meeting be called for the purpose if required.


4.       That council notes that independent of whether or not council accepts this agreement DPIE had already commenced the process of terminating their agreement with the current tenants on the site.


5.       That council strongly requests that DPIE allow the existing tenants to remain on the site as long as possible and consider a short term lease extension until the consultation process has been completed, noting the challenges caused in finding accommodation due to COVID-19 and the personal hardship circumstances faced by the tenants. Further, that Council provide assistance to the existing tenants on the site by helping to facilitate access to appropriate support services that may be able to assist them find alternative accommodation in the local area.


6.       That Council authorise the Chief Executive Officer, or his delegate, to finalise the boundaries of the part of Lot 2 DP 522044 to be transferred to Council based on the indicative area shown in Figure 2 of the report.


7.       That the Chief Executive Officer, and the Mayor if necessary, be authorised to sign all documents relating to the land transfer and grant authority for the use of the Common Seal of Council on all documents relevant to this matter, should it be required, to give effect to this resolution.


8.       The Project Delivery Agreement (Attachment 1) and the Land Transfer Agreement (Attachment 2) are to remain confidential until the terms are finalised with the Planning Ministerial Corporation.


On being put to the meeting the motion was declared equal


In Favour:        Crs Matthew Deeth, Michael Banasik, Matthew Gould and Blair Briggs

Against:           Crs Judith Hannan, Robert Khan, Simon Landow and Noel Lowry


The Mayor used his casting vote and the motion was declared CARRIED







The Meeting closed at 6.47pm.


This and the preceding 9 pages are the minutes of the Extraordinary Meeting of Council held on 30 June 2020 and were confirmed at the Ordinary Meeting of the Wollondilly Shire Council held on 21 July 2020.