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SUPPLEMENTARY AGENDA 1R |
Council Meeting
TUESDAY 20 JUNE 2023
6.30pm
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Council Meeting 20 June 2023 |
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MEETING AGENDA – PRECIS SUPPLEMENTARY ITEMS |
The following reports appear as late items as information required for the preparation of the reports was not available at the time of distribution of the Business Paper.
1 Reports for Council Decision
ITEM Page
C0623(1) Item 57 Henson Park - Public Private Partnership - Licences - Supplementary Information 3
2 Reports with Confidential Information
Reports appearing in this section of the Business Paper contain confidential information in attachments.
The confidential information has been circulated separately.
ITEM Page
C0623(1) Item 58 Henson
Park Development Agreement
- Supplementary Information 78
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Council Meeting 20 June 2023 |
Subject: Henson Park - Public Private Partnership - Licences - Supplementary Information
Prepared By: Matthew Pearce - General Counsel
Authorised By: Peter Gainsford - General Manager
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RECOMMENDATION
1. That Council confirms that the outcomes and deliverables of the Henson Park Grandstand Redevelopment Project as outlined in the Henson Park PPP Final Assessment are acceptable;
2. That Council continue to proceed with the Henson Park Grandstand Redevelopment Project as a Public Private Partnership with the AFL (NSW/ACT) Commission Limited;
3. That Council authorise the General Manager to:
a) certify that the Henson Park Licence for Use and Construction Licence, as part of the Henson Park Grandstand Redevelopment Project, has been prepared in accordance with the Public Private Partnership Guidelines 2022;
b) confirm that there have been no material change to the Public Private Partnership of the Henson Park Grandstand Redevelopment Project or its cost since the full assessment by the Office of Local Government;
4. That Council seek approval from the Office of Local Government to execute the Henson Park Licence for Use and Construction Licence in respect of the Henson Park Grandstand Redevelopment Project.
5. That Council delegate to the General Manager the authority, if approval is provided by the Office of Local Government, to execute the Henson Park Licence for Use and Construction Licence in respect of the Henson Park Grandstand Redevelopment Project.
6. That Council delegate to the General Manager (or his delegate) the authority to execute the Henson Park Deed of Agreement for Use in respect of the Newtown Jets with a term of 21 years noting that the AFL Henson Park Licence for Use also has a term of 21 years.
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DISCUSSION
This report is to be read in conjunction with Item 12 Henson Park - Public Private Partnership – Licences.
Background
On 13 December 2022, Council resolved, at an Extraordinary meeting, to proceed with the Henson Park Redevelopment Project as a Public Private Partnership with the AFL (NSW/ACT) Commission Limited and referred an executed Heads of Agreement to the OLG for consideration (refer to the attachment).
On 22 December 2022, the PPP submission was forwarded to the OLG for full assessment and on1 March 2023 Council received a response from OLG, (refer to the attachment).
The AFL Licence for Use
The detailed terms of the AFL Licence for Use between Council and the AFL (refer to the attachment) are as follows:
(a) Term - 21 years (this is the maximum period for a Licence of Community Land under the Act);
(b) Licence - A non-exclusive licence to use Henson Park in the following terms:
(i) 20 days for match games annually for ticketed community and elite Australian football (limited to 5 hours per day) over the Winter and Summer seasons (Match Days);
(ii) A seasonal licence for the Winter season (April to September) for community football; and
(iii) Non-ticketed match games and training will be booked in accordance with the with principles and criteria in Council’s Allocation Policy.
(c) Licence Fee – The fee will be charged in accordance with Council’s Annual fees and charges for Henson Park:
(d) Mandatory Use - The licence to use Henson Park will be subject to the following ongoing mandatory use:
(i) use by the Newtown Jets;
(ii) a minimum amount of community use of the facilities;
(iii) the facilitation of junior sports; and
(iv) public access outside the playing surface during non-ticketed community match days that includes but is not limited to local residents and dog walkers.
Further, Council and the AFL have reached an agreement in respect of the Match Days for the Sydney Swans AFLW at Henson Park. Clause 2.1(c) ensures that the AFL has a discretion to determine play home matches at Henson Park during annual competitions but is also required to consult Council concerning the allocation of match days for the Sydney Swans AFLW. In addition, the use of Henson Park by the Sydney Swans AFLW has been mandated for the playing seasons up to 2026.
The NSW Office of Sport grant, made by the AFL, states that the Project will “lead to a projected 14% increase in women’s community sporting use”. The Commonwealth Funding Application, made by Council, states that an outcome of the Project is that “the new facilities will also be utilised as the home ground for the Sydney Swans AFLW competition team” and that “Inner West Council is committed to increasing access and opportunities for quality recreation experiences for diverse community members, including women and girls.”
It is expected that the Licence will achieve such objectives and outcomes.
The AFL Construction Licence
Henson Park is community land and is subject to a Plan of Management. The POM requires that a Construction Licence is required if works are to be undertaken at the Park. The Council, through the Construction Licence, grants the AFL occupation and use of a construction area to enable the AFL to undertake the Henson Park Grandstand Redevelopment Project. The parties have reached an agreement in respect of the construction of the Project and the Construction Licence is ready to be executed (refer to the attachment).
The Newtown Jets Deed of Agreement
The term of the Deed is 21 years whereby the Newtown Jets along with the ALF are the primary users of Henson Park with other formal use requests by the Jets to be considered with regards to the ongoing management of the grounds as a premier sporting venue. The 2016 Deed currently in place with the Jets will be replaced with this new Deed (and when the construction works in respect of the PPP are completed).
The parties have reached an agreement in respect of the Newtown Jets use of Henson Park and as such the Newtown Jets Licence is ready to be executed (refer to the attachment).
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1.⇩ |
Heads of Agreement |
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2.⇩ |
OLG Letter |
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3.⇩ |
AFL Henson Park Licence for use |
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4.⇩ |
AFL Construction Licence |
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5.⇩ |
Newtown Jets Henson Park – Deed of Agreement |
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Council Meeting 20 June 2023 |
Subject: Henson Park Development Agreement - Supplementary Information
Prepared By: Matthew Pearce - General Counsel
Authorised By: Peter Gainsford - General Manager
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RECOMMENDATION
That Council adopt the recommendation in the Confidential Attachment 1. |
DISCUSSION
Council will move into closed session to deal with the Henson Park Development Agreement, for information which is classified as confidential under Section 10A(2)(d)(i) of the Local Government Act 1993. The matter is deemed confidential, as the matter is commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
Pursuant to section 10A(2), 10(2) and 10A(3) of the Local Government Act 1993, the media and public will be excluded from the meeting on the basis that the business to be considered is classified as confidential under Section 10A(2)(d)(i) of the Local Government Act 1993.
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Henson Park Confidential Report - Supplemenary Information - Confidential This attachment is confidential in accordance to commercial information of a confidential nature (Section 10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it. |
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AFL letter of Support - Confidential This attachment is confidential in accordance to commercial information of a confidential nature (Section 10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it. |
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Development Agreement - Confidential This attachment is confidential in accordance to commercial information of a confidential nature (Section 10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it. |
