Notice of Public Hearing - Reclassification of Land - Lot 2 & 3 DP 582878 - 1913 & 1905 Bells Line of Road, Kurrajong Heights

Council must hold a public hearing so that the community’s views can be heard about a proposal to reclassify Lot 2 & 3 DP 582878 - 1913 & 1905 Bells Line of Road, Kurrajong Heights from community to operational land.

The Public Hearing is scheduled for Wednesday 7 October 2020 at 5:30 pm

The hearing will be chaired by an independent person from Locale Consulting.

Due to current social distancing requirements, the hearing will be held online using the Zoom platform.

Interested persons need to register with Council by Friday 2 October 2020 to:

  • virtually attend or listen to the hearing
  • make a submission at the hearing

via the this link.

Registered participants will be provided guidelines to participate in the Public Hearing.

Should you have any enquiries with respect to this matter, please contact Strategic Planning Manager on (02) 4560 4604 or Strategic Land Use Planning Coordinator on (02) 4560 4544 or email enquiries.

Details of the proposed Reclassification of Land are provided below:

Reclassification of Public Land to “Operational Land”

Land known as Lots 2 and 3 in DP 582878, 1913 & 1905 Bells Line of Road, Kurrajong Heights.Affected Properties:

Land known as Lots 2 and 3 in DP 582878, 1913 & 1905 Bells Line of Road, Kurrajong Heights.

Proposed Amendment:

Reclassification of the current public lands being Lots 2 and 3 in DP 582878, 1913 & 1905 Bells Line of Road, Kurrajong Heights to “operational land” by amending Hawkesbury LEP 2012, Schedule 4 Classification and Reclassification of Public Lands.

Explanation:

Land known as Lots 2 and 3 in DP 582878, 1913 & 1905 Bells Line of Road, Kurrajong Heights.These properties are under the control of Council and classified as “community land”.

The land is currently part zoned RU2 Rural Landscape and SP2 Infrastructure and is used for a combination of extensive agriculture (orchards) and informal parking/access in association with a restaurant at 1917 Bells Line of Road, Kurrajong Heights.  In addition the building encroaches onto part of the land subject to reclassification.

In response to certain matters required by the Department of Planning’s LEP Practice Note PN 16-001 Classification and reclassification of public land through a local environmental plan, dated 5 October 2016 and the Department of Planning’s A guide to preparing local environmental plans the following information is provided.

What is the current and proposed classification of the land?

The land is currently classified as “community land” and is proposed to become “operational land”.

What is the reason for the planning proposal being prepared and the land being reclassified? What are the merits of the proposal?

It is considered that Lots 2 and 3 in DP 582878 are no longer required for road purposes.  Council has no strategic or operational plan to use Lots 2 and 3 for road purposes.

The owners of 1917 Bells Line of Road, Kurrajong Heights have submitted a development application to Council seeking approval to use Lots 2 and 3 for a restaurant and ancillary vehicle access and parking.

A merit of the proposed reclassification to “operational land” is that, it will allow Council the opportunity to consider the above mentioned development application.

What is the nature of Council’s ownership or interest in the land?

Records indicate that Hawkesbury City Council has been the owner of Lots 2 and 3 in DP 582878 since 23 March 1983.

How and when the interest was first acquired?

On 18 March 1970 plans of acquisition were registered under the Main Roads Act Section 27E (6), Registered dealing L758309.

DP 582878 was registered on 19 March 1976 with a notation that ‘Lots 2 and 3 are intended to be used for future road purposes and there is no objection to their being shown as a road after acquisition by Dept. Main Roads’.

On 23 March 1983, the properties (Lots 2 and 3 in DP 582878) were transferred to Hawkesbury City Council through dealing T387144.

Why did Council acquire an interest in the land?

For future widening of the Bells Line of Road by the Department of Main Roads, now known as Roads and Maritime Services or Transport for NSW.

What is the justification/explanation as to why such interests are being extinguished?

In 2010, verbal advice was received from the then named Roads and Traffic Authority that they had no immediate intentions to acquire the land for road widening purposes. The owner of the land adjoining Lots 2 and 3 has expressed an interest in purchasing these lots. As Council has no future intentions to utilise the land for community purposes, reclassifying the land and selling it would be a viable option as it will also relieve Council of any ongoing maintenance issues of these properties.

Are there any agreements over the land, if so, what is their duration, terms, controls.  Is there an agreement to dispose of the land?

There are no agreements over the land aside from dealing L758309, which may remain on the titles if the land were sold.

What is the magnitude of any financial gain or loss from the reclassification and the type(s) of benefit that could arise?

The land is currently zoned RU2 and SP2 and the reclassification will not change these zones. It is currently estimated that the reclassification to operational land might allow Council to sell the land at the current market rate. Given that the adjoining land owners orchard and car park is already on the land it is likely that there will only be one prospective purchaser to sell the land to.

What asset management objectives are being pursued?  What is the manner in which they will be achieved and the type of benefits Council wants? How will Council benefit financially?

The reclassification of the subject land will enable Council to sell these lands that is no longer required for road purposes and is deemed surplus to Council’s needs. It is anticipated that the proceeds from the sale would be spent on infrastructure and/or services within the Hawkesbury local government area.

Is there or has there been an agreement for the sale or lease of the land? If so what are the basic details of any such agreement and, if relevant, when does Council intend to realise its asset?

There is currently no agreement for the sale or leasing of the land to any parties now or any time in the future. Council has only received an interest to purchase the subject land but no negotiations or agreements have been entered into by either parties yet.

How is the reclassification to be exhibited and considered by Council?  What is required in plan making under the Environmental Planning and Assessment Act 1979?

The planning proposal was exhibited in accordance with the relevant provisions of the Environmental Planning and Assessment Act 1979 and Local Government Act 1993 and respective Regulations as well as the provisions of Department of Planning’s LEP Practice Note PN 16-001 Classification and reclassification of public land through a local environmental plan, dated 5 October 2016.

Following the public hearing held in relation the proposed reclassification in accordance with the provisions of the above mentioned Acts, Regulations and Practice Note, Council will then consider any submissions made concerning the proposed reclassification and the report of the public hearing.

Council may, at any time, vary its proposals as a consequence of its consideration of any submission or report during community consultation or for any other reason.

If it does so, Council will forward a revised planning proposal to the Minister for Planning.  Further community consultation is not required unless the Minister so directs.

If the planning proposal is to precede Council and Department of Planning, Industry and Environment staff will make arrangements for the drafting of the local environmental plan to give effect to the planning proposal.

The Minister for Planning may, following completion of community consultation:

(a)  make a local environmental plan (with or without variation of the proposals submitted by Council) in the terms the Minister considers appropriate, or

(b)  decide not to make the proposed local environmental plan.

If the Minister for Planning does not make the proposed local environmental plan or defers the inclusion of a matter in a proposed local environmental plan, the Minister may specify which procedures under the Environmental Planning and Assessment Act 1979 Council must comply with before the matter is reconsidered by the Minister.

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