Decision details

ORDER TO EXCLUDE FOR ITEM 24.1

THAT COUNCIL:

1.       Having taken into account the relevant consideration contained in section 90(3) (m) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the Council dated 13 October 2026 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 24.1 [Confidential - Councillor Couros – QoN – Local Heritage Assessment] listed on the Agenda in a meeting open to the public would on balance be contrary to the public interest.

Grounds and Basis

This Item is confidential as the material presented contains information regarding potential new local heritage places to be included in a future draft Code Amendment that is not appropriate to be made public prior to the commencement of public engagement, due to the identification of individual properties in the draft Code Amendment. 

The disclosure of information in this report could reasonably breach confidentiality of information prior to public engagement on the draft Code Amendment.

2.       Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the Council dated 13 October 2026 orders that the public (with the exception of members of Corporation staff and any person permitted to remain) be excluded from this meeting to enable this meeting to receive, discuss or consider in confidence Item 24.1 [Confidential - Councillor Couros – QoN – Local Heritage Assessment] listed in the Agenda, on the grounds that such item of business, contains information and matters of a kind referred to in section 90(3)(m) of the Act.

ORDER TO EXCLUDE FOR ITEM 25

THAT COUNCIL:

1.       Having taken into account the relevant consideration contained in section 90(3) (b) & (d) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the Council dated 13 October 2026 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 25 [Confidential Advice of the Kadaltilla/ Adelaide Park Lands Authority – 24 September 2026] listed on the Agenda in a meeting open to the public would on balance be contrary to the public interest.

Grounds and Basis

This report and its attachments contain commercial information submitted by proponents through a competitive EOI process, including proposed uses, commercial terms, financial information, operating models and business proposals.

Administration is proposing to commence lease negotiations with a preferred proponent. Disclosure of the submissions, McGees Property’s commercial assessment or Council’s proposed negotiating position before the process is concluded could prejudice the commercial position of the proponents, confer a commercial advantage on another party and prejudice Council’s ability to negotiate an appropriate commercial outcome.

Public Interest

The Council is satisfied that the principle that the meeting be conducted in a place open to the public is outweighed in the circumstances by the need to protect the integrity of the EOI process and prospective lease negotiations.

Disclosure before the commercial process is concluded could provide other parties with access to commercially sensitive information and adversely affect Council’s negotiating position and the commercial position of the proponents. Public disclosure can be reconsidered following the conclusion of the commercial process and review of the confidentiality order.

2.       Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the Council dated 13 October 2026 orders that the public (with the exception of members of Corporation staff and any person permitted to remain) be excluded from this meeting to enable this meeting to receive, discuss or consider in confidence Item 25 [Confidential Advice of the Kadaltilla/ Adelaide Park Lands Authority – 24 September 2026] listed in the Agenda, on the grounds that such item of business, contains information and matters of a kind referred to in section 90(3) (b) & (d) of the Act.

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ORDER TO EXCLUDE FOR ITEM 26

THAT COUNCIL:

1.       Having taken into account the relevant consideration contained in section 90(3) (b) & (d) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the Council dated 13 October 2026 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 26 [Confidential Recommendations of the City Planning, Development and Business Affairs Committee – 6 October 2026] listed on the Agenda in a meeting open to the public would on balance be contrary to the public interest.

Recommendation 1 - Grounds and Basis

This Item is confidential as it contains commercial information of a confidential nature relating to current EOI submissions from contractors and ongoing negotiations regarding the extension of the current contract.

The disclosure of information in this report could reasonably be expected to prejudice Council's commercial position and confer a commercial advantage on third parties ahead of the RFT process.    

Public Interest

The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because the disclosure of this information could prejudice ongoing commercial negotiations and reduce competitive tension ahead of the RFT release.

Recommendation 2 - Grounds and Basis

This item contains certain information of a confidential nature (not being a trade secret) the disclosure of which could reasonably expect to confer a commercial advantage on a person with whom the Council is conducting business, prejudice the commercial position of the Council in respect to its assets and strategic land holdings, and that of adjacent landowners. 

The disclosure of information in this report could reasonably prejudice the position of Council and third parties as it includes specialist information including legal advice provided to Council and others on a confidential basis.

Public Interest

The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because the disclosure of this information may result in release of confidential information of Council and adjacent landowners that are of a financial, legal and strategic nature.

2.       Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the Council dated 13 October 2026 orders that the public (with the exception of members of Corporation staff and any person permitted to remain) be excluded from this meeting to enable this meeting to receive, discuss or consider in confidence Item 26 [Confidential Recommendations of the City Planning, Development and Business Affairs Committee – 6 October 2026] listed in the Agenda, on the grounds that such item of business, contains information and matters of a kind referred to in section 90(3)(b) & (d) of the Act.

ORDER TO EXCLUDE FOR ITEM 27

THAT COUNCIL:

1.       Having taken into account the relevant consideration contained in section 90(3) (a) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the Council dated 13 October 2026 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 27 [Adjourned Business - Confidential Recommendations of the Conduct Committee - 2 September 2026] listed on the Agenda in a meeting open to the public would on balance be contrary to the public interest.

Grounds and Basis

Consideration in confidence is sought because this report contains information that would amount to an unreasonable disclosure of personal affairs concerning confidential complaints under section 90(3)(a) of the Local Government Act 1999 (SA).

?2.    Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the Council dated 13 October 2026 orders that the public (with the exception of members of Corporation staff and any person permitted to remain) be excluded from this meeting to enable this meeting to receive, discuss or consider in confidence Item 27 [Adjourned Business - Confidential Recommendations of the Conduct Committee - 2 September 2026 ] listed in the Agenda, on the grounds that such item of business, contains information and matters of a kind referred to in section 90(3)(a) of the Act.