Ordinary Meeting of Council
20 August 2007
Page 89
REF: CM141/07
Report of Manager Commercial Projects and Property (RMC) 23/07/07
05.02.04.057
PRECIS
In late 2001, Council deviated Reddalls Road, Kembla Grange, to allow for the future expansion of
the Whytes Gully Waste Depot. In 2002, as part of that deviation, Council approved the dedication
of a portion of Council land as public road and the closure of the existing portion of Reddalls Road
located between the deviated section.
As part of the road closure, Integral Energy agreed to the closure on the condition that two
easements be created over their overhead powerlines, one of which generally follows the route of the
portion of road proposed to be closed and now known as Lot 502 DP 1079122 (see Attachment 1).
The road closure has been finalised and upon commencing the process for the creation of the
easements, it has been discovered that the Council resolution in 2002 did not specifically include the
creation of the easements.
This report seeks Council’s approval to the creation of the easements.
RECOMMENDATION
1
Council authorise the grant of an easement 9m wide for overhead powerlines over Lots 501 &
502 DP 1079122 and Lot 51 DP 1022266 Reddalls Road, Kembla Grange, as shown in
Attachment 1, in favour of Integral Energy Australia.
2
Council authorise the grant of an easement 45.72m wide for overhead powerlines over Lot
502 DP 1079122, as shown in Attachment 1, in favour of Integral Energy Australia.
3
Council be responsible for all costs incurred by Integral Energy associated with the granting of
the easements.
4
Authority be granted to affix the Common Seal of Council to the Transfer Granting Easement
document relating to this matter.
BACKGROUND
In late 2001, Council undertook works to deviate Reddalls Road, Kembla Grange to allow for the
future expansion of the Whytes Gully Waste Depot. As part of that deviation, it was necessary that
a portion of Council land be dedicated as public road and the existing portion of Reddalls Road
located between the deviated section, be closed. Council approved the dedication and closure in
May 2002.
Following the Council resolution, a road closure application was forwarded to the Department of
Lands in Nowra for approval. As a result of advertising by the Department, Integral Energy
objected to the road closure due to the presence of their overhead powerlines, one of which
generally follows the route of the portion of Reddalls Road which was proposed to be closed,
located between the deviated section (shown on Attachment 1).
Negotiations between Integral and Council resulted in Integral agreeing to lift their objection to the
road closure, subject to the creation of two easements over their assets. The road closure has been
finalised and upon commencing the process to create the easements by Transfer Granting Easement
document, it was discovered that there is no specific Council resolution relating to the granting of
the easements.
Wollongong City Council
ITEM 16
PROPOSED GRANT OF EASEMENTS FOR OVERHEAD POWERLINES OVER LOTS 501 & 502
DP 1079122 AND LOT 51 DP 1022266 REDDALLS ROAD, KEMBLA GRANGE
Ordinary Meeting of Council
Page 90
20 August 2007
Therefore, approval is sought for the granting of easements 9m wide and 45.72m wide in favour of
Integral Energy over their overhead powerlines.
ITEM 16
PROPOSAL
It is proposed that Council consent to the granting of easements for overhead powerlines over Lots
501 & 502 DP 1079122 and Lot 51 DP 1022266 Reddalls Road, Kembla Grange as shown on
Attachment 1. In addition, Council waives its claim for compensation.
CONSULTATION AND COMMUNICATION
Integral Energy
Manager Environment & Health
PLANNING AND POLICY IMPACT
There is no Council policy affected by this proposal.
ECOLOGICAL SUSTAINABILITY
This matter is consistent and complies with the principles of Ecologically Sustainable Development
(ESD) as outlined in the Protection Administration Act 1991, as amended by the Protection of the
Environment Operations Act 1997. ESD is interpreted to mean development that improves the
quality of life, both now and in the future, in a way which maintains the ecological processes upon
which life depends.
The four principles of ESD have been considered and the effect of this proposal on them is as
follows:
Precautionary Principle
Council is undertaking action which will mitigate any environmental impact and enhance the current
amenity without any scientific evidence of environmental impact.
Inter-generational Equity
Council, through this proposal, will enhance the quality of life for current and future generations.
Ecological Integrity
This proposal will not affect the ecological diversity of the existing life systems and will enhance and
maintain the essential ecological processes and life systems of the local area by adhering to
environmental safeguards.
Pricing
The ecological, social and economic costs of this proposal have been considered and adequately
assessed as part of this project.
RISK ASSESSMENT
A risk assessment has been undertaken and risks identified. This proposal has minimal risk exposure
for Council.
FINANCIAL IMPLICATIONS
As the proposed easements are being created as a result of a Council initiated road closure, all costs
incurred by Integral Energy will be met by Council. In addition, Council will not be entitled to any
compensation for the grant of these easements.
OPTIONS
This matter has been considered and is not applicable.
Wollongong City Council
Ordinary Meeting of Council
20 August 2007
Page 91
As the grant of the easements will protect the assets owned by Integral Energy which are located on
Council’s land, it is proposed that the easements be granted in accordance with the
recommendations contained in this report.
Name
Position Title
Date
Signature
This report provides Councillors with all the relevant information and is correct at the time of writing.
This information has been relied upon in preparing the report and its recommendations. Signed by:
Rose Cronin
Statutory Property Officer
25/7/07
Peter Coyte
Manager Commercial Projects and
Property
31/7/07
Stephen Payne
Chief Financial Officer
3/8/07
ATTACHMENTS
1. Plan of proposed easements
Wollongong City Council
ITEM 16
CONCLUSION
Page 92
Wollongong City Council
ATTACHMENT 1 - Plan of proposed easements