MINUTES forming ENCLOSURE to COLG 2004/0014 guy

TO: THE PREMIER FOR CABINET SUB-COMMITTEE

RE: BOUNDARY ADJUSTMENT BETWEEN THE AND THE CITY OF CHARLES STURT

1. PROPOSAL

That Her Excellency the Governor in Executive Council proclaims a boundary adjustment between The City of Prospect and the City of Charles Sturt at Torrens Road, Ovingham.

2. BACKGROUND

2.1 The Boundary Adjustment Facilitation Panel (the Panel) is an independent representative body established under the Local Government Act 1999 (the Act) to investigate and make recommendations to the Minister for State/Local Government Relations on proposals for council boundary changes.

2.2 The Panel has considered a joint structural reform proposal under section 27 of the Act by The City of Prospect and the City of Charles Sturt to realign the boundary between the two Councils at Torrens Road, Ovingham.

2.3 With the completion of the upgrade of Torrens Road between Park Terrace/ Fitzroy Terrace and the railway line on Torrens Road, the two Councils wish to relocate the common boundary to align it with the central median on Torrens Road (as shown on the attached plan - Attachment A).

3. DISCUSSION

3.1 The position of the realigned boundary will be consistent with the location of Council boundaries on other arterial roads.

3.2 The alteration will ensure that the Councils can facilitate effective planning and development within their areas without having any detrimental impact on their resource base in order to fulfil their functions fairly, effectively and efficiently.

3.3 The Panel supports the joint Council proposal and has recommended to me. that a proclamation be made pursuant to sections 9 and 11 of the Act to-alter and adjust the common boundary.

3.4 The Definitions Unit, Department of Administrative and Information Services, prepared the necessary technical description of the area (Attachment B).

3.5 Impacts and Consultation

3.5.1 Economic, financial and budget implications The proposal has no economic, financial or budget implications.

3.5.2 Impact on the community and the environment The proposal will have no significant impact on environment, regional, small business, family or regulatory matters. s

3.5.3 Risk Management Strategy There are no risks evident in implementing the proposal.

3.5.4 Implementation Plan The proposal does not require an implementation plan.

3.5.5 Consultation The Panel placed a notice calling for written submissions on the proposal in The Advertiser, the Government Gazette, and local newspapers circulating in the relevant Council areas. A written representation was received from a residents' group from the Broadview Sefton Park area of the City of Port Enfield, which is not directly affected by the proposed boundary alteration. For some time this group has been endeavouring to prepare public initiated submissions to relocate to The City of Prospect.

Under the Act a public initiated submission cannot be made to a Council where there has been a structural alteration within the previous two years. Following the receipt of legal advice, the Panel considered the representation and proceeded to support the Council initiated submission.

The Panel is satisfied that adequate community consultation on the proposal has been carried out.

Relevant agencies (Transport SA, Planning SA, DEH, DWLBC, Office of Regional Affairs, DTED, DFC, DPC) have been consulted to determine any impacts, with no objections being raised.

3.5.6 Executive Council A proclamation will be required for presentation to the Governor for authorisation once drafted by Parliamentary Counsel.

4. RECOMMENDATIONS

It is recommended that Cabinet Sub-Committee:

4.1 Recommend that Her Excellency the Governor in Executive Council issue a proclamation under sections 9 and 11 of the Local Government Act 1999 to give effect to a boundary adjustment between The City of Prospect and the City of Charles Sturt at Torrens Road, Ovingham as defined in the plan attached.

Cabinet In Sub Committ - 8 NOV 2004 Hon Rory McEwenMP APPROVEDOVED^; y MINISTER FOR AGRICULTURE, FOOD AND FISHERIES MINISTER FOR STATE/LOCAL GOVERNMENT RELATIONS yFooorrr PREM»;

Date: 0 2 NOV 2004

2 N m m rri m SUBURB OF OVINGHAM

m 3] OVINGHAM RAILWAY STATION m MUNICIPALITY OF 4r>3» PROSPECT

FITZROY WARD

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<3 m m MUNICIPALITY r OF 4i CHARLES STURT

cE FITZROY TERRA HINDMARSH WARD

57 fi) o EXISTING COMMON BOUNDARY SHOWN THUS

Alter and adjust portion of the common boundary between the municipality of Charles Sturt and the municipality of Prospect, more particularly delineated on the plan published herewith.

DAIS 04/0011

Certified Correct

U/S 72004 Supervisor, Roads & Crown Support for SURVEYOR-GENERAL