Revocation of Community Land - Cowan St, Angle Park

Council is considering the revocation of the community land classification of the area marked in red on the photograph below. The land is currently underdeveloped and not used as frequently as other reserves in the local area and Council is looking for funds to help offset the costs of building a new community facility. Council will seek to maximise the sale value for the land which may be sold for potential housing development.

All proceeds from the sale of this land will be used to help pay for the building of the Parks Library and Community Facility.

The land fronts onto Cowan Street, Angle Park.

The land is adjacent to residential houses located across the road to the south of Cowan Street (zoned ‘Residential’).

Land to the north is zoned ‘Light Industry’ and ‘Recreation’ (including a stadium for greyhound racing and vacant land).

To the west the land is zoned ‘The Parks Neighbourhood Centre’, including a parking area.

To the east is the South Road ‘Superway.

The total area being considered for revocation is approximately 25,000 square metres.

Cowan Street Community Land Site

Cowan Street Community Land Site

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 Cowan Street, Angle Park.

How can I get involved?

The consultation period will begin on 13 July 2017 and close on Friday 11 August 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

A more detailed report on the revocation proposal can be seen here:

Frequently Asked Questions

Why is Council proposing this?

To help offset the costs associated with constructing the Parks Library and Community Facility, Council is proposing to sell the land for potential residential development.

This new community facility will be a modern high quality building. It will provide much needed educational and recreational facilities for a wide range of people in the local area, and beyond.

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

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 though an open sales process by inviting expressions of interest.

All proceeds of the sale will be used to contribute towards the cost of developing the Parks Library and Community Facility.

What could happen on the land?

Depending on the response from the community it is likely that the land will be developed for housing.

It is also likely that Council will insist on a buffer area (for example vegetation, mounds or fencing) on the northern boundary of the site between the greyhound racing track and the new houses, to minimise disturbance to residents from noise and track lighting.

Council will stipulate that a certain amount of open space should be set aside in the proposed development to create an attractive setting and to link with existing Council reserves.

What effect will it have on the community?

The land appears to be underdeveloped with low amenity and low value vegetation. It is underutilised in comparison with other parks and reserves in the local area.

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

What will happen to the existing infrastructure?

There is an existing stormwater detention basin in the south western corner of the land which was built for the Westwood Residential Development. It is important to make sure that the stormwater from any proposed development is adequately controlled. It is therefore possible that the stormwater infrastructure may be different, depending on how the land is developed. The way in which the stormwater is managed may therefore change.

It is also likely that the existing public lighting and footpaths will be improved as part of the proposed development.

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 113 is currently situated within a Light Industry Zone.

Allotment 115 is currently situated within a Recreation Zone and is classified as a stormwater/drainage reserve.

Legal description

The land that is being considered for revocation is marked in red on the aerial photograph, and is described as:

  • the whole of the land comprised in Certificate of Title Volume 5791 Folio 576 (being Allotment 113 in Deposited Plan 54323)
    and
  • portion of the land comprised in Certificate of Title Volume 5791 Folio 575 (being portion of Allotment 115 in Deposited Plan 54323)

What is the history behind this land?

Land grants for this area were originally issued to farmers in the 1850s and often inherited by their children, one of which was Hubert Hurtle Schillabeer, who inherited his father’s land in the early 1920s and progressively sold small portions of land to other individuals during the 1920s.

Some of this land was purchased by the South Australian Housing Trust in the late 1940s and throughout the 1950s and subsequently purchased by the Corporation of the City of Enfield in late 1960 and the early 1970s.

Part of this housing trust land was also purchased by The Electricity Trust of South Australia in the early 1950s and sold onto to farmers who ultimately transferred land to The Corporation of the City of Enfield.

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 Parks Library and Community Facility 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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