A few days ago we, the appellants in the Northern Midlands Council decision to sell the Campbell Town Hall, received a request from the lawyers for the council to agree to set the council decision aside in the Planning Appeals Tribunal.
No explanation was given as to why this request was being made.
Last Wednesday we discovered that any decision by a council to sell public land, with or without a town hall on it, must be made in open council meeting, and all documents made available to the community.
On 15 March 2021 the council decided to sell the Campbell Town Hall in closed council meeting, and keep secret the key document that informed their decision: a review of the Campbell Town Hall by Watershed Solutions.
In the tribunal hearings we asked to see this document, but were told that we could not, because it was part of the closed council meeting.
A month ago the lawyers for the council became aware that there was a problem with the council decision, and began to engage in delaying tactics in the tribunal.
On 9 July the Watershed Solutions document was made available to all, eleven days after the council had made a decision to release it.
“The Northern Midlands Council at its meeting of 28 June 2021 agreed to release the attached report prepared by Watershed Solutions regarding the future of the Campbell Town Hall.”
https://www.northernmidlands.tas.gov.au/news/2021/campbell-town-hall-reportCampbell
Town Hall Review – Anastasia Bonython from Watershed Solutions
https://www.northernmidlands.tas.gov.au/source-assets/images/Campbell-Town-Hall-Review_-Final-Report.pdf
Then on 14 July the council agenda appears for their meeting of Monday 19 July, in which we see they are seeking to rehammer their wish to sell the Town Hall.
Northern Midlands Council
Meeting Agenda – Monday 19 July 2021
https://www.northernmidlands.tas.gov.au/source-assets/files/2021-Council-Agenda-and-Attachments/2021-07-19-Agenda-open-council.pdf
Page 42 – PROPOSAL TO SELL LAND: 75-77 HIGH STREET, CAMPBELL TOWN – CAMPBELL TOWN HALLRECOMMENDATION of the council officers: …
“That Council determines to sell the Town Hall situated at 75-77 High Street, Campbell Town and directs the General Manager to commence the sale process in accordance with Part 12, Division 1 of the Local Government Act 1993.” (page 45)
It was then the penny dropped for us that the original decision of 15 March in closed meeting was not permitted, thanks to that Tasmanian Government guide on the council sale of public land.
All parties in the tribunal hearing have now agreed to the setting aside of the council decision of March 15th, a decision that was illegal.
It is my hope that the tribunal will delay handing down their determination on the illegal decision of the council, until after the council meeting of Monday 19th July.
This is because it is also illegal for a council to be discussing a matter or making a decision on that matter, while it is before the tribunal.
If the councillors cannot make a decision to sell the Town Hall, again, next Monday, this will give us poor citizens in the community breathing space, rather than having to go straight back to war with the council, with a whole new Campbell Town Hall sales campaign.
Maybe the council will then talk with us about solutions for the problems facing the Town Hall, and proposals for a civic and cultural centre being created on public land next to and including the Town Hall.
The new building could have a public art gallery with a focus on art inspired by the farms and rural communities around Tasmania, a bright new office for Service Tasmania, a larger new library, a proper home for the Campbell Town Museum, and a cafe.
All the problems facing the Town Hall would then be solved as part of a larger vision, allowing its use for theatre, cinema, exhibitions, functions and meetings.
We have applied to speak at the council meeting, and Dr Jennifer Bolton and I have been accepted to be there to address the council.
TIMELINE OF EVENTS WITH THE CAMPBELL TOWN HALL PREPARED BY DR JENNIFER BOLTON
The initial decision to sell the Campbell Town Town Hall was made during the closed council meeting on 15 March 2021. As the Town Hall is public land any proposal to sell the property under section 178 of the Local Government Act 1993 should have been considered in the open council meeting. The primary document reviewed by the council prior to making their decision to sell, a consultant’s report by Watershed Solutions, was tabled in the closed meeting and not released to the public. These actions contravene subregulation 15(3)(c) of the Local Government (Meeting Procedures) Regulations 2015.
Minutes of the Northern Midlands Council meeting 15 March 2021
GOV1 (northernmidlands.tas.gov.au)
Decision in closed meeting on page 510
122/21 PROPERTY REVIEW: TOWN HALL, CAMPBELL TOWN
As per provisions of Section 15(2)(f) of the Local Government (Meeting Procedures) Regulations 2015.
DECISION Cr Davis/Cr Polley
A) That Council:
i) accepts the report from Watershed Solutions; and
ii) determines to sell the Town Hall in Campbell Town; and
iii) initiates the sale of the town hall at Campbell Town subject to adherence to Sections 177 and 178 of the Local Government Act 1993.
Carried unanimously
Cr Davis/Cr Polley
B) That Council in relation to this matter:
i) considered whether any discussion, decision, report or document is kept confidential or released to the public; and
ii) determined to release this decision to the public.
Carried unanimously
The council then advertised the decision to sell the Town Hall and there was a period during which the public could lodge objections.
The council considered the matter again at their meeting on the 17th of May, 2021. They voted again to sell the Town Hall, this time in the open meeting.
Minutes of the Northern Midlands Council meeting 17th May 2021
GOV1 (northernmidlands.tas.gov.au)
Decision on page 777
DECISION Cr Polley/Cr Davis
That Council:
i) notes the objections received; and
ii) determines to sell the Town Hall in Campbell Town; and
iii) notifies parties who lodged the objections within 7 days of this decision.
Carried
Voting for the motion: Mayor Knowles, Cr Adams, Cr Calvert, Cr Davis, Cr Goss, Cr Polley
Voting against the motion: Cr Brooks, Cr Lambert
Cr Goninon returned to the meeting at 5.34 p m.
Cr Goninon had declared a pecuniary interest and left the meeting before the matter was discussed.
An appeal against the council’s decision to sell the Town Hall was lodged by Mr Andrew McCullagh and myself and Mr Kim Peart were joined as parties to the appeal. The council engaged Simmons Wolfhagen Lawyers to represent them at the Resource Management and Planning Appeal Tribunal.
After the directions hearing on the 16th of June 2021, the council’s representatives supplied the other parties with a file of documents pertaining to the case. Despite having been specifically requested the Watershed Solutions report was not included.
On the 21st of June 2021, after persistent requests for the Watershed Solutions document the lawyer for the council declared that it could not be provided as to do so would be contrary to the Local Government (Meeting Procedures) Regulations 2015.
I believe it was at this point that the council’s lawyers realised that the council had already breached the Local Government (Meeting Procedures) Regulations 2015 by deciding to sell public land in a closed meeting.
A tribunal phone conference was held on the 22nd of June 2021, at which the lawyer for the council revealed they would consider the release of the Watershed Report at their next meeting on the 28th of June 2021, as well as whether they would be willing to engage in mediation.
From this point on the council’s representatives started employing delaying tactics, failing to communicate the outcomes from the council meeting and ignoring requests for updates from the tribunal. As the matters pertaining to the tribunal case were discussed in closed meeting the publishing of the minutes on the 1st of July did not provide any useful information.
Finally, on the 9th of July 2021 the Watershed Solutions report was released to the parties in the case. This was 11 days after the council made their decision to release the report and there was still no communication about the request to engage in mediation.
On the 12th of July 2021 the lawyers for the council lodged an application requesting the tribunal set aside the decision to sell the Campbell Town Town Hall. The reason given for this change of heart was that the council no longer wishes to rely upon its decision. The real reason appears to be because the decision was initiated within a closed council meeting in contravention of subregulation 15(3)(c) of the Local Government (Meeting Procedures) Regulations 2015.
While I was initially delighted that the council wished to have their decision to sell set aside this all changed on viewing the agenda for the upcoming council meeting on the 19th of July 2021 which includes a proposal to sell the Campbell Town Town Hall. At this point in time the tribunal appeal is still active and yet the council are proposing to consider the sale of the same property in their meeting on Monday night. This would be in breach of the Local Government Act 1993 section 178(7).
Agenda for the Northern Midlands Council meeting 19th July 2021
GOV1 (northernmidlands.tas.gov.au)
Page 42 GOV 13 PROPOSAL TO SELL LAND: 75-77 HIGH STREET, CAMPBELL TOWN – CAMPBELL TOWN HALL
Sadly the objective of setting aside the decision is not to engage with the community on the future of the Town Hall but to allow the council to correct their mistake without penalty and start the sale process over again. Meanwhile the ratepayers who fought the decision are left out of pocket over an appeal that should not have been necessary and are potentially facing a new fight to save this public asset.
How many other examples are there of the Northern Midlands Council deciding to sell public land in a closed council meeting?
Kim Ross and Jennifer Bolton.
