Decision details

ORDER TO EXCLUDE FOR ITEM 10.1

THAT THE INFRASTRUCTURE AND PUBLIC WORKS COMMITTEE:

1.       Having taken into account the relevant consideration contained in section 90(3) (b) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the Infrastructure and Public Works Committee dated 20 October 2026 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 10.1 [Request for Long-Term Extension of Licence to Occupy Public Realm - Women's and Children's Hospital] 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 contains matters that must be considered in confidence with a recommendation authorising the Chief Executive Officer, or delegate, to undertake commercial negotiations regarding an appropriate licence fee beyond Council’s General Fees and Charges.

The disclosure of information in this report would prejudice Council’s commercial position and the opportunity to discuss or negotiate an appropriate fee that is yet to be determined at this point in time.

          Public Interest

Infrastructure and Public Works Committee 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 will result in release of information prior to a determination of a ‘commercial in confidence’ negotiation with interested parties that could prejudice the commercial position of the Council and on balance is contrary to the public interest.

2.       Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the Infrastructure and Public Works Committee dated 20 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 10.1 [Request for Long-Term Extension of Licence to Occupy Public Realm - Women's and Children's Hospital] 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) of the Act.

ORDER TO EXCLUDE FOR ITEM 10.2

THAT THE INFRASTRUCTURE AND PUBLIC WORKS COMMITTEE:

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 Infrastructure and Public Works Committee dated 20 October 2026 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 10.2 [Victoria Park Grandstand Expression of Interest Outcomes] 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 Committee is satisfied 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.

The 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 Infrastructure and Public Works Committee dated 20 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 10.2 [Victoria Park Grandstand Expression of Interest Outcomes] 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.