Council sold Lot100 to built a private school even though it advised in 1990 that:

  • 'Notwithstanding the extended period of exhibition, having regarding to all factors arising from Council's public exhibition of LEP No. 90/1 to date and the considered opion of the Central Ward Aldermen, Council resolves to not proceed with any rezoning of the subject land and to recognise the value of maintaining those lands as an open space area, now and in the future, for the enjoyment of the citizens of Oak Flats and the Shellharbour Municipality as a whole.'
Deliberations on the disposal of Lot 100 occurred in a confidential session. The outcome:
  • That Council call and advertise a tender for sale of land as a school site.

Department of Local Government advised that:

  • 'council also discussed and voted on the questions of whether to proceed with the sale and the manner of the sale' [and that it was] 'not satisfied on the information available that such issues were a matters that council should have discussed in closed session.'