Revocation of Community Land - Dauntless Avenue Reserve, North East Road Hillcrest

Council is considering a proposal to revoke the Community Land classification of some land that the Council owns at 483 North East Road, Hillcrest known as Dauntless Avenue Reserve, Hillcrest and upon which the Hillcrest Basketball Stadium is located.

The area being considered for revocation is marked in red on the aerial photograph below and is approximately 8,000 square metres.

The existing Hillcrest Basketball Stadium located on the site is in very poor condition and it is not practicable to refurbish the sporting facility because of the dilapidated state of the building. The users of this stadium will be able to relocate to the new Lightsview Indoor Recreation Hub Project where they would have the benefit of modern high quality facilities that provide year round opportunities that do not rely on daylight or weather conditions.

However, the costs of constructing the new recreation facility are significant. Council is therefore looking for funds to help offset some of the money that will need to be borrowed to pay for the facility.

Council will seek to maximise the sale value for the Land which may be sold for potential housing or commercial development.

All proceeds from the sale of this land will be used to help pay for the construction costs of the new Lightsview Indoor Recreation Hub Project.

The land fronts onto North East Road, Hillcrest. The southern portion of the Land (approximately a third of the total land area) is situated in the Commercial Zone, and the remaining land area is situated within the Residential Zone and the Residential East Policy Area

Community and stakeholder engagement

We recognise the importance of hearing from our community to ensure this process meets the needs of our community both now and into the future.

A key part of the revocation process is engagement with stakeholders and the community. You are invited to provide your view on Council’s proposal to revoke the community land classification of land located at North East Road, Hillcrest.

How can I get involved?

The consultation period began on 10 August 2017 and will close on Friday 8 September 2017 You can provide feedback by:

  • Writing to:
    • Kym Jackson
      City of Port Adelaide Enfield
      PO Box 110
      Port Adelaide SA 5015
  • Submitting a letter to Council or your comments via email on consultation@portenf.sa.gov.au

What Happens to my Feedback?

The comments from this public consultation will be collated and presented in a report to Council.

Details about the revocation proposal can be seen in a Report that is available on this website or at Council offices. The Report describes the proposal, the reasons behind it, where the land is located and the possible future use of the land.

The public has 4 weeks to provide their views and opinions to Council about the revocation proposal.

Following the completion of public consultation, a report will be presented to Council with the results of the consultation for Council to consider and to decide whether to continue the process to revoke the Community Land classification of this land.

Frequently asked questions

Why is Council proposing this?

The existing Hillcrest Basketball Stadium located on the site is in very poor condition and it is not practicable to refurbish the sporting facility because of the dilapidated state of the building. Council believes it is more cost effective if the groups using this facility move to the new Lightsview Indoor Recreation Hub Project rather than spend money upgrading this stadium.

The Lightsview Indoor Recreation Hub Project will provide a modern building with high quality facilities that provide year round sporting opportunities that do not rely on daylight or weather conditions that will benefit a wide range of people in the local area, and beyond.

To help offset the costs associated with constructing the Lightsview Indoor Recreation Hub Project, Council is proposing to sell the land for potential residential or commercial development.

Full details of the proposed recreation facility can be seen here: http://www.portenf.sa.gov.au/lightsviewrechub

What will Council do if the proposal gets approved?

Subject to feedback from the community and the approval of the Minister for Local Government, Council intends to sell the land through an expression of interest process.

All proceeds of the sale will be used to contribute towards the building cost of the Lightsview Indoor Recreation Hub Project.

What could happen on the land?

Council will seek to maximise the sale value for the land which may be developed for housing or commercial use.

What effect will it have on the community?

The sale proceeds will help pay for a new community facility which will be a modern high quality building. It will provide much needed recreational facilities for a wide range of people in the local area, and beyond.

How is the land classified?

The land is held as freehold parcels by the City of Port Adelaide Enfield by what is known as a ‘fee simple’ ownership. Allotment 344 is included in the Active Recreation Reserves Community Land Plan of Management. The southern portion of Allotment 344 (approximately a third of the total land area) is situated in the Commercial Zone. The remaining land area is situated within the Residential Zone and the Residential East Policy Area.

Legal description

The land that is being considered for revocation is marked in red on the aerial photograph, and is described as Allotment 344 in Deposited Plan 3275 being part of the land contained in Certificate of Title Register Book Volume 1372 Folio 185 known as Dauntless Avenue Reserve and upon which the Hillcrest Basketball Stadium located at 483 North East Road, Hillcrest.

What is community land?

Most land that is owned by Council or under its care and control is set aside for the public to use and enjoy.

This land is classified as “Community Land” to make sure it is looked after for the benefit of the whole community and to reflect that some land has special meaning to locals because of important cultural or historic features. Council is responsible for actively managing this land.

Council’s overall goal is to create a vibrant and attractive city that is well-planned, with safe and healthy places to live, work and play. When it plans ahead, Council takes into account changing population demographics (in particular ageing), changing community needs and shifts in leisure trends such as the increasing demand for structured recreation activities.

Over time community expectations and priorities change about how Community Land should be used and there are competing demands for its use. Council needs to consider all of these demands and the best way to use ratepayers’ money in a way that benefits the most people.

Sometimes councils need to consider whether it is in the long term interests of their community that the protection of a parcel of land under the classification of Community Land continues or not. Councils (in consultation with the community) may decide that such protection under this classification is no longer required, to enable the land to be sold and the proceeds used for another community purpose, such as building a community facility.

One of Council’s key priorities is to provide community facilities that will benefit as many people as possible in the local community. The new Lightsview Indoor Recreation Hub Project is an example of such a facility. However, the cost of building this complex is significant, and Council needs to find some extra money to fund it. It is also important that Council balances its books. Council is therefore considering a proposal to sell some Community Land to help pay for this facility.

How is community land revoked?

The Local Government Act contains important restrictions on the ability of Council to sell its Community Land. Community Land cannot be sold without first consulting with the broader community and giving the public an opportunity to consider any proposal to sell the land. Council must take into account the views and opinions of the public when Council makes its decision as to whether it will revoke the Community Land status of the land.

There is a further step in the process. The Minister for Local Government must also consider the overall merits of the proposal and decide whether to consent to the revocation and sale and give Council the authority to proceed.

What happens to the feedback provided by the public?

A copy of any written feedback is included in a report that will be presented to the elected members of Council. Council members must consider what the community has to say about the proposal, when they decide whether to make an application to the Minister for his approval.

If Council decides to apply for the Minister’s approval, a report must be provided to the Minister that includes a copy of every public submission made during the course of the public consultation. The process of consulting the public and its results is an important factor in the Minister’s decision whether to approve the proposal or not. The Minister has the discretion to decide one way or the other.

If the Minister approves Council’s application, this consent gives Council the authority to pass a resolution to revoke the classification of the land as Community Land. Once that resolution is made, then the sale process can start.

The revocation of the Community Land classification does not take effect unless Council makes a resolution to give effect to the proposal. Council may decide that it does not wish to proceed with the resolution.

For further information on this topic, or if you have any questions, please call our helpful Customer Services team on 8405 6600 or email us at service@cityofpae.sa.gov.au.
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