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Development Assessment Commission21 January 2016
1
O-Bahn City Access ProjectEast Terrace & Rundle Street
Road Closure & Opening Process
DAC Meeting to consider objections and applications for easement
TABLE OF CONTENTS:
AGENDA ITEM 3.3
PAGE NOAGENDA REPORT 2-11ATTACHMENTS
1: ENGINEERED ROAD PLAN & PHOTO OVERLAYS 12-152: PUBLIC NOTICE OF PROPOSED ROAD PROCESSES 16-193: OBJECTIONS / APPLICATIONS FOR EASEMENTS 20-534:SUMMARY OBJECTIONS / APPLICATIONS FOR EASEMENTS 54-57
Development Assessment Commission21 January 2016
2
1. PURPOSE OF REPORT
This report details a proposal for the opening and closing of portions of EastTerrace and Rundle Road under the Roads (Opening and Closing) Act 1991 (theAct), in association with the O-Bahn City Access Project. The report outlines thenature of the objections or applications for easements received during theconsultation period. The report then recommends the making of a Road ProcessOrder in respect to the proposal.
2. BACKGROUND
The O-Bahn Guided Busway commenced operation in March 1986 to Paradise andin August 1989 to Tea Tree Plaza, servicing the north-eastern suburbs of Adelaide.The track currently extends 12 km and includes three interchanges, and carriesapproximately 31,000 people each weekday.
On 25 February 2015, the Premier and Minister for Transport and Infrastructureannounced the final design of the $160m O-Bahn City Access Project. Thisfollowed a period of public consultation and feedback which had further refinedthe design of the project (i.e. tunnel length, retention of Rundle Road,configuration of East Terrace and a shared cycling and walking path on HackneyRoad (Botanic Gardens side).
The key objective of the project is to improve travel times, and increase thereliability and on-time running of bus services for O-Bahn users by directing busesinto Grenfell Street, as well as improving traffic outcomes on the city ring routefor other road users.
On 7 August 2015, correspondence was sent from DPTI to the Chief ExecutiveOfficer of the Adelaide City Council on the required processes under the Act. Thisletter requested Council’s assistance in undertaking various processes that willfacilitate the changes in land tenure that will be required for the proposal. Apresentation was then made to the CEO on 25 August 2015.
The Strategy, Planning and Partnerships Committee (SPPC) of Council consideredthe commencement of the road process on 1 September 2015. A resolution wasthen passed by full Council on 7 September 2015 to commence this process andundertake the necessary public consultation.
Following the consultation process, the matter was reconsidered by the SPCC on 8December 2015, with Council resolving on 15 December 2015 to forward allsubmissions to the Development Assessment Commission (the 'Commission') todetermine the road process order.
Pursuant to section 3 of the Act, the Commission becomes the relevant authorityto conduct road opening and closure processes that are associated withdevelopments for which it is the planning authority under the Development Act1993.
On 7 October 2015, the Department of Planning, Transport and Infrastructurelodged development applications for the O-Bahn City Access Project with theCommission. The applications related to those project works that required consentand/or approval under the Development Act.
AGENDA ITEM 3.3
Development Assessment Commission21 January 2016
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Current configuration – East Terrace Proposed Configuration – East Terrace
Proposed Road Closure – Rundle Street(to accommodate tunnel underneath existing roadway)
AGENDA ITEM 3.3
Development Assessment Commission21 January 2016
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Above: Cnr Pirie Street and Bartels Road – East Terrace Roadwayto be re-aligned north of this intersection.
Below: Section of East Terrace to be re-aligned further westwards
AGENDA ITEM 3.3
Development Assessment Commission21 January 2016
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Above: Existing fountain to be relocated – two regulated treesalso require removal (to be assessed under 020/L073/15)
Below: New intersection and East terrace roadway to connect withGrenfell Street (adjacent to the Tandanya National Aboriginal Cultural Institute).
AGENDA ITEM 3.3
Development Assessment Commission21 January 2016
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For the Park Lands component (DA 020/L073/15 – portal, guided busway, treedamaging activities, car park extension, pedestrian bridge etc) the Commission isthe relevant planning authority, and for the Hackney Road / Dequetteville Terracecomponent (155/V009/15 – portal, guided busway etc) the Minister for Planning isthe relevant authority.
These development applications are currently under assessment.
A further development application (DA 155/V008/15) for tree damaging activitieswithin the Hackney Road road reserve has also been lodged and approved.
The proposed development involves the creation of a dedicated O-Bahn buswayand tunnel through Rymill and Rundle Parks between Grenfell Street and HackneyRoad. Modifications to the existing East Terrace, Grenfell Street and Rundle Roadroad reserves will be required.
The realignment of East Terrace will enable the entry and exit points for theguided busway to be safely and efficiently positioned, whilst maintaining theexisting number of trafficable lanes and associated points of access and egressalong East Terrace.
A separate portion of Rundle Road will also be closed, in this instance to designatethe underground section of the guided busway as it crosses from north to south.The portions of Rundle Road above and below the tunnel will remain public road(Rundle Road), owned by Council.
3. PROPOSAL: ROAD OPENING AND CLOSURE - EAST TERRACE & RUNDLE ROAD
The road process seeks to achieve the following outcomes:
o open a portion of land (delineated and numbered '1' on Preliminary PlanNo. 15/0026) within Allotment 10 in Deposited Plan 74256 betweenGrenfell Street and Pirie Street; and
o then close and vest in the Crown, a portion of East Terrace betweenGrenfell Street and Pirie Street and a portion of Rundle Road (belowground level) situated between East Terrace and Dequetteville Terrace (asdelineated and lettered ‘A’ and ‘B’ respectively on Preliminary Plan No.15/0026).
o The engineered road plan is contained in ATTACHMENT 1.
The proposed alterations to the existing public road network are directlyassociated with the O-Bahn City Access Project. Both East Terrace and RundleRoad will remain open to traffic, with the alignment of East Terrace movingfurther westwards, and a portion of land underneath Rundle Road toaccommodate the guided busway tunnel between Grenfell Street and HackneyRoad. This change is to ensure all sections of the busway are under the care andcontrol of the Minister for Transport.
AGENDA ITEM 3.3
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4. PUBLIC CONSULTATION
The Adelaide City Council undertook the initial steps of the Roads (Opening andClosing) process. This included the following steps:
Preparation of a Preliminary Plan [15/2006], and Schedule of Affected Owners, Occupiers and Encumbrances
Pursuant to section 10 of the Act, the Council undertook the necessary notificationprocesses as required by the regulations - this included a notice in the SouthAustralian Government Gazette on 17 September 2015, and in the Advertisernewspaper on the same day. Notices were also placed in the Messenger Press. Acopy of these notices is contained in ATTACHMENT 2.
Letters were sent to those persons and/or organisations directly affected by theRoads (Opening and Closing) process (i.e. property owners adjacent to theGrenfell Street - East Terrace intersection).
The relevant documents were made available at the offices of the Adelaide CityCouncil and at the office of the Surveyor General. The Preliminary Plan could alsobe viewed on the Adelaide City Council's website.
A period of 28 days was provided for objections and/or applications foreasements. The closing date for submissions was 21 October 2015.
A total of thirty (30) submissions were received. A summary of the objectionsand/or applications for easements are contained in ATTACHMENT 3, togetherwith copies of the original submissions in ATTACHMENT 4.
Pursuant to section 14 of the Act, where a person makes an objection orapplication, the relevant authority must notify that person in writing of a time andplace at which a meeting will be held to consider the objection or application.
5. RELEVANT AUTHORITY CHANGE
Following lodgement of DA 020/L073/15, the Council - in consultation with theDepartment of Planning, Transport and Infrastructure (DPTI) - agreed that theCommission had become the relevant authority to undertake a hearing ofobjectors and those parties seeking easements.
The Commission would also be responsible for making any road process order.
The administrative change in 'relevant authority' was reviewed and endorsed bythe Crown Solicitors Office.
6. ASSESSMENT
In assessing the proposed road closure, the Commission is required to haveregard to Section 16 of the Act:
(a) any objections made by any person pursuant to this Act; and
(b) the plans, principles, regulations and other matters to which regard must behad by assessment authorities for determining applications for development
AGENDA ITEM 3.3
Development Assessment Commission21 January 2016
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authorisation under the Development Act 1993 in relation to developments inthe area to which the proposed road process order relates; and
(c) whether the land subject to the road process is reasonably required as a roadfor public use in view of present and likely future needs in the area; and
(d) alternative uses of the land subject to the road process that would benefit thepublic or a section of the public; and
(e) any other matter that the authority considers relevant”.
The following is an assessment of the proposed road closure against the above:
(a) any objections made by any person pursuant to this Act;
The objections and/or applications for easements together with recommendationshave been summarised in a table (contained in ATTACHMENT 3).
The majority of the objections relate to the public consultation process undertakenby the Adelaide City Council and the jurisdiction of this authority to initiate theroads process under the Roads (Opening and Closing) Act 1991. In summary,these concerns are as follows:
o the Council has failed to provide relevant information;o relevant documents were not on public display, resulting in a denial of
access to relevant information to provide a responseo Council had failed to prepare a proper statement of Affected Persons, and
failed to give proper statutory notice to those persons (i.e. all residentsand ratepayers of the City of Adelaide);
o the road process is not in accordance with relevant legislation.
The Crown Solicitors Office has reviewed the statutory processes undertaken bythe Council and these were found to be consistent with the requirements of theAct. Furthermore, there was found to be no reason that DAC cannot continue withthe Roads process.
A total of three submissions related to the granting of easements:
o APA Group - location of gas mains within the sections of proposed roadclosure. Further information is required prior to the consideration ofwhether an easement or the capping / relocation of the gas mains is themost appropriate course of action.
o ElectraNet - maintains an interest in a right of way over "B" in Allotment10 of DP74256, with an on-going requirement for heavy vehicle accessfrom the new road alignment (described as "1") to maintain high voltageelectricity infrastructure. A fibre optic cable for telecommunicationspurposes also crosses through the path of the new road alignment. Aseparate easement may be required for this infrastructure.
No objection is raised by either infrastructure provider on these basis therespective infrastructure requirements are satisfied.
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Development Assessment Commission21 January 2016
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o The submission of K Henderson objected to the Council process and thedesignation of the Park Lands as Crown Land, being originally dedicated forthe 'inhabitants of the City of Adelaide as public walks in perpetuity'.
o This
In summary, it is considered that the applications for infrastructure easementscan be addressed by way of granting of easements and / or rights of way. Thematters raised concerning the legitimacy of the process, the notification ofaffected persons and interests and the adequacy of the supplied documentation, itappears all processes have been undertaken in accordance with acceptedadministrative practices and legislative requirements. It is also noted that noadjoining landowner or occupier, outside of existing utility and infrastructureproviders, lodged a submission with the Council / Surveyor-General.
The DPTI project team have also advised the Commission that the TandanyaNational Aboriginal Cultural Institute (253 Grenfell Street) are currentlynegotiating a Heads of Agreement with the Department to ensure accessarrangements and off-street carparks are maintained for this facility.
(b) the plans, principles, regulations and other matters to which regard must behad by assessment authorities for determining applications for developmentauthorisation under the Development Act 1993 in relation to developments inthe area to which the proposed road process order relates;
The proposed road closure is directly related to a development application (DA020/L073/15). This application is currently under assessment and has beenprocessed in accordance with the Development Act 1993 - including relevantreferral and notification processes (where applicable). The Commission willconsider this proposal at its meeting of 11 February 2016.
(c) whether the land subject to the road process is reasonably required as a road forpublic use in view of present and likely future needs in the area;
The East Terrace realignment is required to allow for a link from the O-Bahn CityAccess Tunnel to Grenfell Street. This new link will extend from the eastern side ofthe intersection of Grenfell Street and East Terrace and requires the southernsection of East Terrace to be realigned so that it extends from the southern side ofthe intersection of Grenfell Street and East Terrace.
Options were considered in the design process - including a straightening of EastTerrace to create a new intersection (t-junction) with Pirie Street. However, withlarge proportions of traffic travelling north-south along East Terrace and HuttStreet, this traffic would have to negotiate two T-Junctions instead of the existingfour-way intersection. Similarly, north-south traffic travelling through both t-junctions would have to stop along Pirie Street to wait for an opening so that theycan cross the on-coming traffic.
At the southern end of East Terrace (immediately north of Pirie Street / BartelsRoad), a small area of East Terrace is currently used during the Clipsal 500 as anemergency run-off area for race vehicles as they turn from Hutt Street ontoBartels Road. To ensure that there are no changes to the race route, thesouthern-most section of East Terrace must be aligned north-south to provide thisrun-off area.
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East Terrace will remain a public thoroughfare. The road process is to realign theexisting road to ensure the safety and efficiency of vehicles, pedestrians andbicycles through a redesigned Grenfell Street / East Terrace intersection inassociation with the O-Bahn City Access Project.
(d) alternative uses of the land subject to the road process that would benefitthe public or a section of the public;
The existing 'pocket' park (comprising a fountain, grassed areas and matureamenity trees) located on the corner of Pirie Street and East Terrace will bereduced in size, whilst surplus land - comprising the existing alignment of EastTerrace (along the its eastern side) - will be returned to Rymill Park. At thecompletion of works, there will be a small, net increase in land available for ParkLands use.
The re-alignment of East Terrace - by shifting the Grenfell Street and East Terracesection further west - increases the size of Rymill Park (to the east of theroadway) providing a larger area for passive recreation and community use. TheDPTI project team have advised that this change will require the removal of tworegulated trees (to be considered under DA 020/L073/15) and the relocation ofthe existing fountain. The new location will be determined in consultation withACC and Tandanya.
(e) any other matter that the authority considers relevant
Property access has been maintained for affected landowners. East Terrace will continue to function as a cross city connector road under the
care and control of the Adelaide City Council. Rymill Park and Rundle Parks will continue to be accessible for public and
community use and be connected with existing and/or upgraded paths. On-Street carparking will continue to be provided on Rundle Road. Urban design improvements are to be implemented with the O-Bahn project.
7. NEXT STEPS
A road process order can be made following the DAC meeting as required undersection 14 of the Act and once Agreement for Transfer has been provided by theAdelaide City Council.
In the event that a road process order is made, it must be forwarded to theSurveyor-General for review together with:
o a survey plano a certified plan (a paper copy of the survey plan containing a certificate of
approval by the council)o a copy of the minutes of all Council and Commission meetings held in
relation to the processo any other documents or advice as instructed by the Surveyor General
The Surveyor General will review the above documentation upon receipt and mayseek expert advice on any aspect of the order as deemed necessary and may, inconsultation with the Commission (or its delegate), correct any error or deficiencyin the order.
AGENDA ITEM 3.3
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Notice in writing of any amendment shall be given by the Surveyor-General to theCommission which in turn must notify any person affected.
At the same time as the Surveyor-General carries out the review of the order,examination and approval of the survey plan will be processed by the Lands TitlesDivision. This process will include the surveyor attending to errors or deficienciesin the plan and data, if any.
Once the review of the order has been completed, the Surveyor General willforward the Road Process Order and make a report and recommendation to theMinister as to whether the order should be ‘confirmed’ (conditional on approvaland deposit of the survey plan by the Registrar-General).
If the Minister declines to confirm the order, the Surveyor-General must givenotice in writing of that decision to the council, which must in turn notify anyperson affected.
8. CONCLUSION
Based on the scope and nature of the proposed changes, a consideration of theobjections (which relate to procedural matters) and the accommodation of thoseapplications for easements from affected landowners and infrastructure providersreceived during the public notification period, it is recommended that theCommission issue a Road Process Order.
9. RECOMMENDATION
It is recommended that the Development Assessment Commission:
1. Resolve to make a Road Process Order in respect of Road Processes 15/0026;
and
2. Delegate authority to make the said Road Process Order to the GeneralManager, Investment Management to finalise technical details of the roadclosure and opening, including the granting of easements and rights of waywhere considered appropriate.
Simon NeldnerTeam Leader – Regional and Out of CouncilsInvestment Management | Development Division (DPTI)
AGENDA ITEM 3.3
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-----Original Message-----From: Richard MackieSent: Wednesday, 21 October 2015 9:22:18 PMTo: City Email,[email protected]: Road Opening and Closing East Terrace /,Rundle Road, Adelaide
CEO Mark GoldstoneAdelaide City Council
I give notice that I object to the proposed road process for the following reasons.
The Adelaide City Council has failed to comply with and has breached legislative requirements in that thenotice given pursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused thepublic consultation process to be defective as:• the documents were not on public display, the Council has failed to prepare a properStatement of Affected Persons, and hence failed to give statutory notice to those persons, andmany other residents and ratepayers of the City of Adelaide whose rights & entitlements areaffected.• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make an informedsubmission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is not onlyunlawful, but also discriminatory in that some people are treated more favourably by Council, andothers less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
Richard J Mackie
[email protected] Union St.,Beulah Park.SA 5067
From: Catherine CampbellSent: Wednesday, 21 October 2015 9:22:34 PMTo: City EmailCc: [email protected]: Road Opening and Closing East Terrace / Rundle Road, Adelaide
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirements in that thenotice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public consultation
process to be defective as:• the documents were not on public display the Council has failed to prepare a proper Statement of Affected Persons, and hence failed to givestatutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlements areaffected.• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make an informedsubmission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is not onlyunlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
Catherine Campbell
267 Carrington St Adelaide
-----Original Message-----
From: Carol FaulknerSent: Wednesday, 21 October 2015 8:50:27 PMTo: City EmailCc: [email protected]: Objection to proposal to realign portion of East Tce and close portion of EastTce and Rundle Road
Mark GoldstoneChief Executive OfficerAdelaide City Council
Re: Road Opening and Closing East Terrace / Rundle Road, Adelaide
I object to the proposal to:i. open as road a portion of Allotment 10 in Deposited Plan 74256 (Park Lands) betweenGrenfell Street and Pirie Street, more particularly delineated and numbered ‘1’ on thePreliminary Plan No. 15/0026, forming a realignment of East Terrace; andii. close and vest in the Crown, portion of East Terrace situated between Grenfell Streetand Pirie Street and portion of Rundle Road (below ground level) situated between East Terraceand Dequetteville Terrace, more particularly delineated and lettered ‘A’ and ‘B’ respectively onthe Preliminary Plan No. 15/0026.
I object to the proposal on the grounds that the Adelaide City Council failed to comply withlegislative requirements in that the notice given pursuant to section 10 of the Roads (Openingand Closing) Act 1991 caused the public consultation process to be defective because:· the documents were not on public display.· the Council failed to prepare a proper Statement of Affected Persons, and hence failed togive statutory notice to those persons, and many other residents and ratepayers of the City ofAdelaide whose rights & entitlements are affected.· the Council failed to provide relevant information.Denying access to related relevant material denies people reasonable opportunity to make aninformed submission. In addition to breaching statutory requirements, the denial of equitablestatutory notice is not only unlawful, but also discriminatory in that some people are treated morefavourably by Council, and others less favourably. The failure to comply with legislativerequirements must be rectified forthwith.
Yours faithfully,
Carol FaulknerConcerned citizen and user of the Adelaide Park Lands18 Percy Street, Cheltenham SA 5014T 84477123 M 0421691604 E [email protected]
-----Original Message-----From: Anne + HansSent: Wednesday, 21 October 2015 3:35:32 PMTo: City EmailCc: [email protected]: Road opening and closing East Terrace / Rundle Road, Adelaide
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
Dear Mark
We give notice that we object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirementsin that the notice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public
consultation process to be defective as:• the documents were not on public display· the Council has failed to prepare a proper Statement of Affected Persons, and hence failedto give statutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlementsare affected.• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make aninformed submission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is notonly unlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
Anne & Hans Gowin16 Headingley StreetHope Valley. SA. 5090
-----Original Message-----From: Malgorzata SchmidtSent: Wednesday, 21 October 2015 2:53:01 PMTo: City Email,[email protected]: Rymill Park
CEO Mark GoldstoneAdelaide City Council
Your actions re: Road Opening and Closing East Terrace / Rundle Road,Adelaide amount to criminal insanity and are illegal
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirements in that thenotice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public consultation
process to be defective as:
* the documents were not on public display the Council has failed to prepare a proper Statement of Affected Persons, and hence failed to givestatutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlements areaffected.* the Council has failed to provide relevant information as long ago as 9 October.
Please, refrain from destruction of the most popular City Park, used for Fringe, Zombie Walk andlots of other extremely popular public events.Thank you.
Faithfully yours
Malgo Schmidt2/3 Fife St, Woodville South SA [email protected]
-----Original Message-----From: Richard HuppatzSent: Wednesday, 21 October 2015 1:13:56 PMTo: City EmailSubject: Road Opening and Closing East Terrace / Rundle Road, Adelaide
Road Opening and Closing East Terrace / Rundle Road, AdelaideI give notice that I object to the proposed road process for the following reasonsThe Adelaide City Council has failed to comply with and has breached legislative requirements in that thenotice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public consultation
process to be defective as:• the documents were not on public display the Council has failed to prepare a proper Statement of Affected Persons, and hence failed to givestatutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlements areaffected.• the Council has failed to provide relevant information as long ago as 9 October.Denying access to related relevant material denies people reasonable opportunity to make an informedsubmission.In addition to breaching statutory requirements, the denial of equitable statutory notice is not onlyunlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.The failure to comply with legislative requirements must be rectified forthwith.Yours faithfullyYour Name …Richard Huppatz…………………………………………….Your address 1001/47 Hindmarsh Square ADELAIDE 5000
From: Rod EvinsSent: Wednesday, 21 October 2015 1:06:28 PMTo: City Email,[email protected]: O'Bahn
To CEO Mark Goldstone,Adelaide City Council.Please see attached notification
From,
Rod Evins
Banner Mitre10Norwood | Blackwood | Glenelg | Greenfields | Mt Gambier | Millicent | NaracoorteAdministration | 2 Fullarton Rd Norwood SA 5067AAOffice: Ph: (08) 8362 8992 Fax: (08) 8363 1086| Mob: 0409 747 819OOEmail: [email protected] | Website: www.bannermitre10.com
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirementsin that the notice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public
consultation process to be defective as:
* the documents were not on public display· the Council has failed to prepare a proper Statement of Affected Persons, and hence failedto give statutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlementsare affected.
* the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make aninformed submission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is notonly unlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
KarenKaren Inwood of2 Fraser St Lower Mitcham, 5062Head of Halstead House (Middle School)Teacher of Drama
St John's Grammar School29 Gloucester Avenue Belair SA 5052
T: 8278 0260
www.stjohns.sa.edu.au<http://www.stjohns.sa.edu.au/>
From: "City Email" <[email protected]>Sent: Wed, 21 Oct 2015 11:51:04 +1030To: "Central Records 2" <[email protected]>Subject: FW: O-Bahn-(Opening and Closing) Act 1991 (CID:w5$x1f943fwgf0xkgh)
Hello
To CEO Mark GoldstoneAdelaide City Council
I am writing to you about the:Road Opening and Closing East Terrace / Rundle Road, Adelaide.
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirements in that the noticegiven pursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public consultationprocess to be defective as:
* the documents were not on public display
· the Council has failed to prepare a proper Statement of Affected Persons, and hence failed to give statutorynotice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlements are affected.
* the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make an informed submission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is not only unlawful, but alsodiscriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Thank you,
Elise Fechner
History, Geography and RAVE TeacherSt John’s Grammar School29 Gloucester AvenueBelair SA 5052Tel: 8278 0261
www.stjohns.sa.edu.au<http://www.stjohns.sa.edu.au/>
-----Original Message-----From: Philip GrovesSent: Wednesday, 21 October 2015 10:59:37 AMTo: City EmailCc: [email protected]: O-Bahn project in Park Lands
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirements in that thenotice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public consultation
process to be defective as:• the documents were not on public display• the Council has failed to prepare a proper Statement of Affected Persons, and hence failedto give statutory notice to those persons, and many other residents and ratepayers of the Cityof Adelaide whose rights & entitlements are affected
• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make an informedsubmission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is not onlyunlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
Philip Groves
Philip Groves27 Castres StreetGlynde SA 5070Tel: +61 8 8336 84
-----Original Message-----From: Sue FiedlerSent: Wednesday, 21 October 2015 10:10:34 AMTo: City EmailCc: [email protected]: Road Opening and Closing East Terrace / Rundle Road, Adelaide
CEO Mark GoldstoneAdelaide City Council
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirementsin that the notice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the publicconsultation process to be defective as:• the documents were not on public display• the Council has failed to prepare a proper Statement of Affected Persons, and hencefailed to give statutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlementsare affected.• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make aninformed submission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is notonly unlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
Sue Fiedler5 Whyte Street, Somerton Park SA 5044
T. + 61 (08) 8313 4729E. [email protected]
CRICOS Provider Number 00123M-----------------------------------------------------------
-----Original Message-----From: Jim ScammellSent: Wednesday, 21 October 2015 10:38:51 AMTo: City EmailCc: [email protected]: Road Opening and Closing East Terrace / Rundle Road, Adelaide
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, AdelaideI give notice that I object to the proposed road process for the following reasons.The Adelaide City Council has failed to comply with and has breached legislative requirementsin that the notice given pursuant to section 10 of the Roads (Opening and Closing) Act 1991 hascaused the public consultation process to be defective as:• the documents were not on public display, the Council has failed to prepare a properStatement of Affected Persons, and hence failed to give statutory notice to those persons, andmany other residents and ratepayers of the City of Adelaide whose rights & entitlements areaffected.• the Council has failed to provide relevant information as long ago as 9 October.Denying access to related relevant material denies people reasonable opportunity to make aninformed submission.In addition to breaching statutory requirements, the denial of equitable statutory notice is notonly unlawful, but also discriminatory in that some people are treated more favourably byCouncil, and others less favourably.The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfullyJames W Scammell
27 Fifth AvenueST PETERS SA 5069AUSTRALIA+61 (8) 8362 1177+61 (0) 488 922 632
-----Original Message-----From: Robert MackirdySent: Wednesday, 21 October 2015 10:01:50 AMTo:Subject:
CEO Mark Goldstone.
Please find attached my letter.
Yours faithfully
R.A MacKirdy
CEO Mark GoldstoneAdelaide City CouncilRoad Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasonsThe Adelaide City Council has failed to comply with and has breached legislative requirements in that thenotice given pursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the publicconsultation process to be defective as:
1. The documents were not on public display.2. The Council has failed to prepare a proper Statement of Affected Persons, and hence failed to
give statutory notice to those persons, and many other residents and ratepayers of the City ofAdelaide whose rights & entitlements are affected.
3. The Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make an informedsubmission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is not onlyunlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
R.A MacKirdy
21st October 15
-----Original Message-----From: Sutcliffe, Carmel Chiu - sutcc002Sent: Wednesday, 21 October 2015 9:39:00 AMTo: City EmailCc: [email protected]: Road Opening and Closing East Terrace / Rundle Road, Adelaide
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirements in that thenotice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public consultation
process to be defective as:• the documents were not on public display the Council has failed to prepare a proper Statement of Affected Persons, and hence failed to givestatutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlements areaffected.• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make an informedsubmission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is not onlyunlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Sincerely,
Carmel Sutcliffe306/22 Ifould Street, Adelaide, SA 5000
-----Original Message-----From: Lee RyanSent: Wednesday, 21 October 2015 9:17:31 AMTo: City EmailCc: [email protected]: Road Opening and Closing East Terrace / Rundle Road, Adelaide
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirementsin that the notice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public
consultation process to be defective as:• the documents were not on public display· the Council has failed to prepare a proper Statement of Affected Persons, and hence failedto give statutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlementsare affected.• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make aninformed submission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is notonly unlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
Lee Ryan
-----Original Message-----From: Leo NoicosSent: Wednesday, 21 October 2015 8:58:12 AMTo: City EmailCc: [email protected]: Adelaide City Council and Roads (Opening and Closing) Act 1991
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirementsin that the notice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the publicconsultation process to be defective as:• the documents were not on public display• the Council has failed to prepare a proper Statement of Affected Persons, and hencefailed to give statutory notice to those persons,• and many other residents and ratepayers of the City of Adelaide whose rights &entitlements are affected.• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make aninformed submission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is notonly unlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
Leo Noicos12 Torrens StreetCollege Park SA 5069
-----Original Message-----From: David EllisSent: Wednesday, 21 October 2015 9:05:38 AMTo: City EmailSubject: Road closure
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirementsin that the notice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public
consultation process to be defective as:• the documents were not on public display· the Council has failed to prepare a proper Statement of Affected Persons, and hence failedto give statutory notice to those persons,
and many other residents and ratepayers of the City of Adelaidewhose rights & entitlementsare affected.• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make aninformed submission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is notonly unlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
David Ellis15 Third AveSt Peters+61417260002
-----Original Message-----From: Bob LawsSent: Wednesday, 21 October 2015 8:43:59 AMTo: City Email,[email protected]: Fw: Adelaide City Couincil and Roads (Opening and Closing) Act 1991
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirements in that thenotice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public consultationprocess to be defective as:• the documents were not on public display the Council has failed to prepare a proper Statement of Affected Persons, and hence failed to givestatutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlements areaffected.• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make an informedsubmission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is not onlyunlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
Your Name ……Glenyss Steedman………………………………………….
Your address …1/366 South Terrace Adelaide 5000……………………………………….
-----Original Message-----From: Rick MooreSent: Tuesday, 20 October 2015 10:28:27 PMTo: City EmailCc: [email protected]: objection to road access
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirements in that thenotice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public consultation
process to be defective as:• the documents were not on public display the Council has failed to prepare a proper Statement of Affected Persons, and hence failed to givestatutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlements areaffected.• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make an informedsubmission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is not onlyunlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
Rick Moore
39 Hay Rd Linden Park 5065
-----Original Message-----From: G GrovesSent: Wednesday, 21 October 2015 8:42:30 AMTo: City EmailCc: [email protected]: O-Bahn tunnel
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirements in that thenotice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public consultation
process to be defective as:• the documents were not on public display• the Council has failed to prepare a proper Statement of Affected Persons, and hence failedto give statutory notice to those persons, and many other residents and ratepayers of the Cityof Adelaide whose rights & entitlements are affected
• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make an informedsubmission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is not onlyunlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
Gunta Groves--
Gunta Groves27 Castres StreetGlynde SA 5070Tel: +61 8 8336 8424Mobile: 0417 808 120
-----Original Message-----From: Amanda Allport-HallerSent: Tuesday, 20 October 2015 9:35:25 PMTo: City EmailCc: [email protected]: Road Opening and Closing East Terrace / Rundle Road, Adelaide
CEO Mark GoldstoneAdelaide City CouncilRoad Opening and Closing East Terrace / Rundle Road, AdelaideI give notice that I object to the proposed road process for the following reasonsThe Adelaide City Council has failed to comply with and has breached legislative requirements in that thenotice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public consultation
process to be defective as:• the documents were not on public display the Council has failed to prepare a proper Statement of Affected Persons, and hence failed to givestatutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlements areaffected.• the Council has failed to provide relevant information as long ago as 9 October.Denying access to related relevant material denies people reasonable opportunity to make an informedsubmission.In addition to breaching statutory requirements, the denial of equitable statutory notice is not onlyunlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.The failure to comply with legislative requirements must be rectified forthwith.Yours faithfullyDr Amanda Allport-Haller65 MCDonnell AvenueWest Hindmarsh SA 5007
-----Original Message-----From: Judy SinghSent: Tuesday, 20 October 2015 10:28:30 PMTo: City EmailCc: [email protected]: Road Opening and Closing East Terrace / Rundle Road, Adelaide
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirementsin that the notice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public
consultation process to be defective as:• the documents were not on public display· the Council has failed to prepare a proper Statement of Affected Persons, and hence failedto give statutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlementsare affected.• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make aninformed submission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is notonly unlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
Your Name ……Judy Singh………………………………………….
Your address …61 Highfield Ave, St Georges. 5064…………………………………….
-----Original Message-----From: Winston StorerSent: Wednesday, 21 October 2015 1:11:17 AMTo: City EmailCc: [email protected]: Objection: Road Opening and Closure East Terrace / Rundle Road
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirements in that thenotice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public consultation
process to be defective as:• the documents were not on public display the Council has failed to prepare a proper Statement of Affected Persons, and hence failed to givestatutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlements areaffected.• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make an informedsubmission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is not onlyunlawful, but also discriminatory in that some people are treated more favourably by Council, andothers less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully,
Dr Winston Storer
3/27 Flinders St,Kent Town SA 5067
-----Original Message-----From: Kirsty MackirdySent: Tuesday, 20 October 2015 9:01:17 PMTo: City Email,[email protected]: roads opening and closing acts
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislative requirements in that thenotice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused the public consultation
process to be defective as:• the documents were not on public display the Council has failed to prepare a proper Statement of Affected Persons, and hence failed to givestatutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights & entitlements areaffected.• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make an informedsubmission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is not onlyunlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
Kirsty Mackirdypo box 391 Tanunda SA 53522 Attachments
Kirsty Kirsty Mackirdy
Mob: 0423855751email: [email protected]: [email protected]
-----Original Message-----From: Dario CentrellaSent: Tuesday, 20 October 2015 10:23:06 PMTo: City EmailCc: [email protected]: Road Opening and Closing East Terrace / Rundle Road, Adelaide
CEO Mark GoldstoneAdelaide City Council
I give notice that I object to the proposed road process for the following reasons,
The Adelaide City Council has failed to comply with and has breached legislative requirementsin that the notice given pursuant to section 10 of the Roads (Opening and Closing) Act 1991 hascaused the public consultation process to be defective as:
- the documents were not on public display- the Council has failed to prepare a proper Statement of Affected Persons, and hence failed to
give statutory notice to those persons, and many other residents and ratepayers of the City ofAdelaide whose rights & entitlements are affected.- the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity to make aninformed submission.
In addition to breaching statutory requirements, the denial of equitable statutory notice is notonly unlawful, but also discriminatory in that some people are treated more favourably byCouncil, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully,
Dario Centrella7 Ridge Ave,Myrtle Bank
-----Original Message-----From: craig masonSent: Tuesday, 20 October 2015 10:11:38 PMTo: City Email,Peter RoussosSubject: Road Opening and Closing East Terrace / Rundle Road, Adelaide
CEO Mark GoldstoneAdelaide City Council
Road Opening and Closing East Terrace / Rundle Road, Adelaide
I give notice that I object to the proposed road process for the following reasons
The Adelaide City Council has failed to comply with and has breached legislativerequirements in that the notice givenpursuant to section 10 of the Roads (Opening and Closing) Act 1991 has caused thepublic consultation process to be defective as:• the documents were not on public display the Council has failed to prepare a proper Statement of Affected Persons, andhence failed to give statutory notice to those persons,
and many other residents and ratepayers of the City of Adelaide whose rights &entitlements are affected.• the Council has failed to provide relevant information as long ago as 9 October.
Denying access to related relevant material denies people reasonable opportunity tomake an informed submission.
In addition to breaching statutory requirements, the denial of equitable statutory noticeis not only unlawful, but also discriminatoryin that some people are treated more favourably by Council, and others less favourably.
The failure to comply with legislative requirements must be rectified forthwith.
Yours faithfully
Craig Mason
Golden Grove
From: Dennis ColemanSent: Wednesday, 21 October 2015 4:09:01 PMTo: City Email,[email protected]: alarm re EAST Tce and tunnel developments
Dear Adelaide CITY COUNCIL members/ Peter Roussos -SA govt.
The following information has come to my attention. I find this lack of transparency on the partof the government to be an erosion of our democratic rights and would appear to be yet anotherinstance of a deceitful way of gaining further control of the Adelaide park lands.
"The Adelaide City Council want to use the Roads (Opening and Closing) Act to Grant to theGovernment- the right to move part of East Terrace to where the Tandanya Fountain is currently located and- to give the Government the right to have a tunnel under Rundle Road.
The attached notice from the Adelaide City Council re moving East Terrace around Tandanya and thetunnel under Rundle Road is supposed, by legislation- to be provided to all the residents and ratepayers of the City of Adelaide. and- The notice was not made public as required until the 9th October and then only available duringoffice hours- when it must, by legislative requirements, be on public display 24 hours a day.
You will see that the notice is undated.You will also see that if you use or have used the park lands, and you may be affected by theproposal, that you can apply for an easement to be granted in your favour over the land that is subjectto the proposed closure."
I intend raising this with the followers of Aurora Heritage Action inc and its extensive heritageand community associates.
Dennis G Coleman
80 West St,Torrensville, SA 50310422 850 975
PO Box 59North Adelaide SA 5006Adelaide City [email protected]: Office of the Surveyor-Generalc/- Peter [email protected] and Application for EasementCity of Adelaide Roads (Opening and Closing) Act 1991 East Terrace / Rundle Road,Adelaide
To whom it may concern,I hereby reiterate my objections to the Adelaide City Council’s and make application for anEasement in my favour, pursuant to the Roads (Opening and Closing) Act 1991 (SA) s 13.ObjectionThe current process affects land that is not waste lands of the Crown, nor Crown land,having been purchased in fee simple absolute in 1839 (see enclosed Bills Payable and ParkLands News) and dedicated as a special-purpose Trust for the inhabitants of the City ofAdelaide for public walks in perpetuity.The current process is defective in that it:
failed to comply with the Act s 9 (1)(b)(i) and
failed to comply with the Act s 10.
Is proposed based on errors of fact on the documents relied upon (Crown Records) Intends a road process order that would comprise a breach of trust Intends a road process order that would comprise a breach of fiduciary duty Proposes a breach of the Local Government Act Proposes to damage the Adelaide Park Lands and City Layout National HeritagePlace.
Application for EasementLocationParticulars of the location of the easement requested are detailed in Preliminary Plan No.15/0026 (Attached), the areas numbered ‘1’, ‘A’, and ‘B’.Nature of EasementFor use for existing purposes and as Adelaide Park Lands in accordance with the originalreservation and dedication of the land as a special-purpose Trust for the inhabitants of theCity of Adelaide as public walks in perpetuity.
I hereby require thatthe current defective process be ceased forthwith,the errors and omissions be rectified, andCouncil undertake all such processes in accordance, and in compliance with the legalrequirements, and particularly with equitable, regard to the rights and entitlementsof the residents and ratepayers of the City of Adelaide.Kelly [email protected] 989 676PO Box 59North Adelaide SA 5006
---------- Forwarded message ----------From: Kelly Henderson < [email protected]>Date: Fri, Oct 9, 2015 at 8:01 PMSubject: PP_26/2015 Statement to Plan DepositedTo: [email protected]_26/2015 Statement to Plan DepositedDear Mr Fryar,I note that the Schedule of Owners, Occupiers and Encumbrances Affected re PreliminaryPlan 15/0026 (Rymill & Rundle Park and associated roads) alleges that the "RegisteredProprietor" of Allotments 117 (D81642; Crown Record 6132/227), 11 (D74256; CrownRecord 6102/716) and 10 (D74256; CR 6102/715).Could you please provide the documents used to prepare that Schedule.Thanks in advance,Kelly [email protected] 989 676
r N t Our Reference: D74256AL 10
Thursday, 24 September2015
R Fryar Adelaide City Council G P 0 Box2252 Adelaide SA 5001
Dear Rocky,
re: Proposed Road Closure Ref: 15/0026; East Terrace, Adelaide
I refer to your letter/email dated 18/09/2015 regarding this proposal.
Transmission Lessor Corporation has an interest in the dominanttenement of the right of way described as "8" over Allotment 1 0 in 07 4256 appurtenantto the land in CT 61 02/715 which it holds as registered proprietor.
Notwithstandingthat a portion of this right of way will be extinguished by the road opening proposal, access from the new road alignment proposed (described as 1 on the plan) to the remainder of the right of way will still be required to enable heavy vehicles to maintain the high voltage electricity infrastructure on our site.
Electra Net also has an optic fibre telecommunicationscable that crosses through the path of the road alignment, an easement may be required over that portion of the existing road which is to be closed.
Provided that issues relating to access to the right of way and easement for the optic fibre cable are addressed, neither Electra Net nor the Transmission Lessor Corporation have an objection to the proposal.
Please do not hesitate to contact me directly on 08 84047342 should you require additional information.
Yours sincerely
~;;:
~Michael Bails ,~ .. ~ / .... Senior Property Advisor
bails.michael~lectranet.com .au
..
APT Management Servlces Pty Ltd
October 2015
Adelaide City Council PO Box 2252 ADELAIDE SA 5001
Dear Sir/Madam,
PROPOSED ROAD CLOSURE- ACC2015/188979.
091 668110
330 Grange Road
Kidman Park SA 5025
PO Box 171 Findon SA 5023
P: 61 8 8159 1661 F: 61 8 8353 5287
www.apa.com.au
Australian Gas Networks (SA) Ltd I APA Group have identified gas mains within sections of the proposed road closure and would object to this proposed closure.
When further information is received pertaining to the layout of the proposed development then a decision will be made whether to accept an easement or if an easement is not practical then the mains could be cut and capped and abandoned I and or have additional mains laid to enable the abandonment occur where ever practical however the costs to undertake these works would be borne by third and be conditional on the removal of any
Australian Gas Networks (SA) Ltd is the owner of the gas distribution networks in South Australia. APA Group has been by Australian Gas Networks (SA) Ltd to operate and manage these gas network assets on their behalf.
Should you require additional information or clarification, I can be contacted on the numbers below.
Kind Regards,
APA South Australian Networks 330 Rd, Kidman Park SA 5025 PO Box , Findon SA 5023
Office: 08 8159 1658 Mobile: 0418 853 508 Fax: 08 81591749
For and on behalf of
Australian Gas Networks Ltd
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SUM
MAR
Y O
F O
BJEC
TIO
NS/
APPL
ICAT
ION
S FO
R EA
SEM
ENTS
REC
EIVE
D DU
RIN
G P
UBL
IC C
ON
SULT
ATIO
N–
RUN
DLE
STRE
ET A
ND
EAST
TER
RACE
RO
AD C
LOSU
RE &
OPE
NIN
G
Obj
ecto
rPr
elim
inar
y Pl
an 1
5/00
26Re
spon
se to
Obj
ectio
n/Ap
plic
atio
n fo
r Eas
emen
t
Rich
ard
Mac
kle
Cath
erin
e Ca
mpb
ell
Caro
l Fau
lkne
rAn
ne &
Han
s Goo
dwin
Mal
go S
chm
idt
Rich
ard
Hupp
atz
Rod
Evin
sKa
ren
Inw
ood
Elise
Fec
hner
Phili
p Gr
oves
Sue
Fied
ler
Jam
es S
cam
mel
lRo
bert
Mac
Kird
yCa
rmel
Sut
cliff
eLe
e Ry
anLe
o N
oico
sDa
vid
Ellis
Rick
Moo
reGl
enys
s Ste
edm
anGu
nta
Grov
esAm
anda
Allp
ort-
Halle
rJu
dy S
ingh
Dr W
inst
on S
tore
rKi
rsty
Mac
kird
yDa
rio C
entr
ella
Crai
g M
ason
(26)
Each
of t
hese
subm
issio
ns ra
ised
the
sam
eob
ject
ions
bas
ed o
nsim
ilar t
ext.
Defe
ctiv
e co
nsul
tatio
n pr
oces
s
-Do
cum
ents
not
on
publ
ic d
ispla
y-
Stat
emen
t of A
ffect
ed P
erso
ns d
efic
ient
and
notic
e no
t giv
en to
thos
e pe
rson
s-
Failu
re to
pro
vide
rele
vant
info
rmat
ion
The
stat
utor
y re
quire
men
ts o
f the
Roa
ds (O
peni
ngan
d Cl
osin
g) A
ct w
ere
follo
wed
by
the
Coun
cil–
incl
udin
g th
e re
quire
d no
tice,
the
stat
emen
t of
effe
cted
per
sons
, and
pro
visio
n of
rele
vant
info
rmat
ion:
-Di
rect
ly a
ffect
ed la
ndow
ners
and
eas
emen
tho
lder
s wer
e no
tifie
d of
the
prop
osed
road
ord
er-
A pu
blic
not
ice
was
pla
ced
in th
ene
wsp
aper
(Ade
laid
e Ad
vert
iser a
nd M
esse
nger
Pre
ss)
-A
28-d
ay n
otifi
catio
n pe
riod
was
pro
vide
d-
Pers
ons a
ffect
ed w
ere
dire
ctly
notif
ied
–th
e Ac
tdo
es n
ot re
quire
a p
erso
nal n
otic
e to
oth
erre
siden
ts a
nd ra
tepa
yers
of t
he C
ity o
f Ade
laid
e.-
The
requ
ired
docu
men
tatio
n w
as m
ade
avai
labl
e,bo
th in
har
d co
py a
nd o
nlin
e,du
ring
norm
al o
ffice
hour
s.
The
Crow
n So
licito
rs O
ffice
has
revi
ewed
the
proc
edur
al a
spec
ts o
f the
not
ifica
tion
proc
ess.
No
furt
her a
ctio
nis
requ
ired.
Obj
ecto
rPr
elim
inar
y Pl
an 1
5/00
26Re
spon
se to
Obj
ectio
n/Ap
plic
atio
n fo
r Eas
emen
t
Denn
is Co
lem
an-
Adel
aide
City
Cou
ncil
are
seek
ing
tore
mov
e th
e Ta
ndan
ya fo
unta
in a
nd g
ive
the
Gove
rnm
ent t
he ri
ght t
o ha
ve a
tunn
el u
nder
Run
dle
Road
.-
Not
ice
shou
ld h
ave
been
to a
ll th
ere
siden
ts a
nd ra
tepa
yers
of t
he C
ity o
fAd
elai
de-
Requ
ired
notic
e w
as n
ot m
ade
publ
icun
til 9
thO
ctob
er 2
015
-Le
gisla
tive
requ
irem
ents
requ
irein
form
atio
n to
be
avai
labl
e24
hrs
per
day
The
stat
utor
y re
quire
men
ts o
f the
Roa
ds (O
peni
ngan
d Cl
osin
g) A
ct w
ere
follo
wed
by
the
Coun
cil–
incl
udin
g th
e re
quire
d no
tice,
the
stat
emen
t of
effe
cted
per
sons
, and
pro
visio
n of
rele
vant
info
rmat
ion:
-Th
ere
is no
requ
irem
ent u
nder
the
Act f
or p
erso
nal
notic
e to
be
prov
ided
to a
ll re
siden
ts a
ndra
tepa
yers
of t
he C
ity o
f Ade
laid
e.-
The
requ
isite
not
ices
wer
e pu
blish
ed in
the
Gaze
tte
on 1
7 Se
ptem
ber 2
015
and
in th
ene
wsp
aper
.-
Ther
e is
no re
quire
men
t for
info
rmat
ion
rela
ting
toa
road
s pro
cess
to b
e on
disp
lay
24 h
ours
per
day
.-
The
date
of t
he n
otic
e is
the
date
of t
he n
ewsp
aper
(the
sam
e as
the
Gaze
tte
date
).
The
Crow
n So
licito
rs O
ffice
has
revi
ewed
the
proc
edur
al a
spec
ts o
f the
not
ifica
tion
proc
ess.
No
furt
her a
ctio
n is
requ
ired.
Obj
ecto
rPr
elim
inar
y Pl
an 1
5/00
26Re
spon
se to
Obj
ectio
n/Ap
plic
atio
n fo
r Eas
emen
t
Kelly
Hen
ders
on-
Curr
ent s
tatu
tory
pro
cess
is d
efec
tive
-Fa
ils to
com
ply
with
the
requ
irem
ents
of
the
Road
s (O
peni
ng a
nd C
losin
g) A
ct-
Prop
oses
to d
amag
e th
e Pa
rk L
ands
-Se
eks a
n ea
sem
ent f
or p
ark
land
s use
inac
cord
ance
with
the
orig
inal
rese
rvat
ion
and
dedi
catio
nof
the
land
for t
hein
habi
tant
s of t
he C
ity o
f Ade
laid
e
The
stat
utor
y re
quire
men
ts o
f the
Roa
ds (O
peni
ngan
d Cl
osin
g) A
ct w
ere
follo
wed
by
the
Coun
cil–
incl
udin
g th
e re
quire
d no
tice,
the
stat
emen
t of
effe
cted
per
sons
, and
pro
visio
n of
rele
vant
info
rmat
ion:
-Th
ere
is no
evi
denc
e of
a b
reac
h to
Sec
tion
9(S
tate
men
t of P
erso
ns)
-Th
e ro
ads p
roce
ss is
aut
horis
ed b
y th
eRo
ads
(Ope
ning
and
Clo
sing)
Act 1
991
-ther
e is
no b
reac
hof
trus
t or d
uty.
-As
no
info
rmat
ion
has b
een
prov
ided
tode
mon
stra
te h
ow th
eno
min
ated
per
son
has b
een
“sub
stan
tially
affe
cted
” by
the
road
pro
cess
, Ms
Hend
erso
nis
not e
ntitl
ed to
mak
e an
app
licat
ion
for e
asem
enta
s a “
pers
on a
ffect
ed”
purs
uant
toSe
ctio
n 13
of t
heRo
ads (
Open
ing
and
Clos
ing)
Act
1991
.
The
Crow
n So
licito
rs O
ffice
has
revi
ewed
the
proc
edur
al a
spec
ts o
f the
not
ifica
tion
proc
ess.
-N
o fu
rthe
r act
ion
requ
ired.
Obj
ecto
rPr
elim
inar
y Pl
an 1
5/00
26Re
spon
se to
Obj
ectio
n/Ap
plic
atio
n fo
r Eas
emen
t
APA
Grou
p-
APA
man
ages
the
gas d
istrib
utio
n sy
stem
for A
ustr
alia
n Ga
s Net
wor
ks (S
A) L
td
-Ga
s mai
ns a
re lo
cate
d w
ithin
sect
ions
of
the
prop
osed
road
clo
sure
.
-Re
quire
men
t for
eas
emen
t and
asso
ciat
ed w
orks
to re
loca
te a
nd/o
r cap
exist
ing
infr
astr
uctu
re
-N
o ob
ject
ion:
furt
her i
nfor
mat
ion
requ
ired
inre
latio
n to
the
final
layo
ut o
f the
re-p
ositi
oned
road
way
. Sol
utio
n–
eith
er a
ccep
t an
ease
men
t or
relo
cate
exi
stin
g ne
twor
k as
sets
out
side
the
road
foot
prin
t (an
d ca
p re
dund
ant i
nfra
stru
ctur
e). C
ost
of w
orks
bor
ne b
y th
ird p
artie
s.
-N
egot
iate
d ou
tcom
e w
ith D
PTIt
o en
sure
fina
l roa
dpl
an a
ddre
sses
thes
e m
atte
rs.
Elec
traN
et-
Tran
smiss
ion
Less
or C
orpo
ratio
n ha
s an
inte
rest
in th
e ex
istin
g Ri
ght o
f Way
ove
r“B
” in
A10
, DP7
4256
. New
road
way
will
extin
guish
par
t of t
his R
OW
.
-Ac
cess
from
the
new
road
way
to th
ere
mai
ning
por
tion
of th
e RO
W is
requ
ired
for h
eavy
veh
icle
acc
ess t
o a
high
vol
tage
elec
tric
ity in
fras
truc
ture
.
-A
fibre
opt
ic te
leco
mm
unic
atio
ns c
able
cros
ses t
hrou
gh th
e pa
th o
f the
new
road
way
. An
ease
men
t may
be
requ
ired
over
the
port
ion
of ro
ad to
be
clos
ed.
-N
o ob
ject
ion:
pro
vide
d th
at th
e iss
ues r
elat
ing
toac
cess
to th
e rig
ht o
f way
and
an
ease
men
t for
thei
rfib
re o
ptic
cab
le a
re a
ddre
ssed
.
-N
egot
iate
d ou
tcom
e w
ith D
PTI t
o en
sure
fina
l roa
dpl
an a
ddre
sses
thes
e m
atte
rs.