GENERAL MANAGER DAVID FARMER
WOLLONGONG CITY COUNCIL
cc Mayor and Councillors, WCC
cc Planning Minister Frank Sartor
cc DECC Minister Verity Firth
cc Premier Morris Iemma
cc Transport Minister John Watkins
 
27 February 2008
 
Re:  Sandon Point: "Voluntary Planning Agreement" between WCC and Stockland - Approved under Part 3A MP06_0094 overturned in LEC 40240 of 2007, Judgment 27 November 2007.
 
Dear General Manager Farmer,
 
I believe the above VPA is invalid, as the enabling Part 3A approval by Minister Sartor was declared "void and of no effect" (205) by Justice Peter Biscoe, Land & Environment Court on 27/11/07.  I would like answers to three questions under S12 Local Government Act:
 
Has Council made a payment to Stockland under terms as described in the "Draft Voluntary Planning Agreement", negotiated by former GM Rod Oxley under delegated authority, and adopted by Council at its E&P Committee 4 June 2007, Item 4 Minute 175?
 
Page 7 of Attachment 2 "Epitome of the VPA" table of Draft Contract for Sale states "Vendor Stockland Developments P/L, Purchaser Wollongong City Council ...
Purchase Price $4,050,000.00. This is the value of the property under Council's s94A Plan. (cl 32).
Deposit: A deposit of $1,000,000.00 has been provided payable to the vendor before 30 June 2007. (cl 33)".
 
Has this amount or any other been paid by Council to Stockland?
 
It is my understanding that all of this "S94" land is DECC declared Aboriginal Place (February 2007) that includes the Kuradji burial ground, considered by Illawarra Aborigines to be of high significance.
 
Most of the land in question, apart from a section of headland, was former Sydney Water- owned public land, sold to Stockland 1998 - 2000, at which time Sandon Point Aboriginal Tent Embassy was established to protect the sacred ground.  I believe corruption occurred at the sale of that land, involving several departments and WCC Mayer David Campbell, and General Manager Rod Oxley.
 
I understand Council will now examine all S94 deals over the past several years, to see whether developers have paid their money. Will Council also examine Stockland at Sandon Point to see why Council has to pay Stockland?  It appears either the former GM and/or the Planning Minister deliberately negotiated the best possible deal for Stockland, including payment of S94 money to buy back 6a public space land, at great public cost.
 
I request the emails of June 2006 between Council Officers Stephen Payne, Peter Coyte, Wayne Douglass, Fay Steward and Rod Oxley, and 'consultant' Mike Harben be examined to determine why a Valuation which found an $8 million dollar gain to Stockland, providing access through the Community land of Thomas Gibson park, was not acted upon by exchanging the access for the public land in question?
 
Stockland wrote to Minister Sartor complaining about the Council Officers' request, and then Stockland wrote to Oxley about their 'agreement' to obtain a second valuation on different terms (Letter Stewart Nettleton Regional Manager Stockland to GM Rod Oxley 28 July 2006).  The outcome is that Council's VPA agreed to pay Stockland $4.05 million dollars. 
 
Please tell me what advice was received by Wollongong Council from Minister Sartor c. July 2006, under S12 Local Govt Act?
 
Will Council also re-examine the demolition of Wrexham Road bridge by Stockland (October 2007) to explain why a heritage and customary public access bridge from West Thirroul was secretly knocked down by Stockland without public notification, with approval from Council?
 
The demolition was enabled - once again - by Oxley's VPA deal with Stockland which was made void by the court decision. Thirroul is now without western public access to Thomas Gibson Park and Sandon Point beaches, and Stockland has not rebuilt the bridge.  What will Council do about that?
 
I would like an answer to this letter thank you.
Sincerely,
Jill Walker