Draft PoM – Belgrave Esplanade Reclassification of that part of Lot 498 in DP 550299 currently under hardstand and utilised as carpark, from
Community to Operational Land for the purposes of commercial lease and return to Community Land .
No
Submittor
Position
Comments
Evaluation
1
Written submission
from Sutherland
Shire Environment
Centre
Against
The over flow is generated by more fields than just SDRUFC
and the other groups do not have legitimate access or
alternatives in peak demand periods.
2
Written submission
from Resident
Against
Alienation of Public Land, Councils job is to protect
Community Land. The stated need is met in that the overflow
parking from the SDRUFC can be accommodated on the site,
without reclassification.
SSC has a documented shortage of Community open space;
Council has listed homes to acquire for the provision of open
space. Residents unhappy at having their property zoned for
open space, therefore inappropriate to rezone open space for
commercial purposes. If Doltone House has outgrown its
current site it should use the land it owns adjoining for parking
rather than DA for offices, Doltone House is not the
community’s responsibility should be compelled to meet its own
parking needs, The stated need is met in that the overflow
parking from the SDRUFC can be accommodated on the site,
without reclassification. Doltone House can seek to rent parking
from SDRUFC. The Trust from Sylvania Waters is in effect a
S94 contribution. The land is suitable under S32 of the LGA;
Request these objections to be sent to the relevant Minister.
3
Comments Heard
Against
1.
Closure of the car park will worsen and even exacerbate traffic
management issues experienced in Belgrave Esplanade and the
near neighbourhood;
The over flow is generated by more fields than just SDRUFC
and the other groups do not have legitimate access or
alternatives in peak demand periods.
Council has no proposal to sell the land,
Retention of the Community Land status does not prevent a
future council from reclassifying the land,
Reduction of Open Public Space
Council has listed homes to acquire for the provision of open
space,
Documented shortage of open space,
Public Open space is a priceless asset and council on behalf of
the community should take every reasonable effort for its
preservation.
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Difficult to prevent patrons of Doltone House from accessing
the site which is constructed to look like a parking lot;
Reclassification to Operational Land
Loss of protection to Community land that the classification
provides,
Potential for sale or use of site for commercial purposes,
reducing available community open space.
2.
Council acknowledges its need to acquire more open space;
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No formalisation of use of the subject land as Park, 1971
Council resolution to utilise the land for overflow parking for
SDRUFC.
There is a significant holding of Community Open space to the
south, west and east of the part lot under consideration.
Parts of the Shire have different provisions of open space.
Acquisitions are undertaken where need is greatest in relation
Draft PoM – Belgrave Esplanade Reclassification of that part of Lot 498 in DP 550299 currently under hardstand and utilised as carpark, from
Community to Operational Land for the purposes of commercial lease and return to Community Land .
No
Submittor
Position
Comments
Evaluation
to new development and increasing densities.
The importance of Open Space is recognised however, it is not
inviolate. The Act does provide for reclassification.
3.
Reduction of Green Recreational Areas
The Shire is subject to major residential development pressures,
reduced opportunities for back yards increases pressure on
community open space, Council is failing to take account of
social impact of increased density of housing,
The proposed reclassification could impact adversely on
recreational opportunities for future generations.
4.
The Sutherland LEP controls future residential development,
the LEP is in the hands of the Minister for Planning. Should
the Minister require higher density, the Council will impose
levies to acquire additional open space to compensate.
As there is no proposal to remove the car park from the site,
there is little opportunity to use it for public recreation.
Deed of Trust
A Director of Sylvania Waters P/L recorded the Company
position that: the land was and continues to be intended for
community purposes and that the reclassification was not in the
spirit of the Deed of Trust,
While the arrangement predates S94 council should treat it in the
same manner, It would not be possible to reclassify if S94
principles applied,
The land was a gift to the community not Council,
No Deed of Trust has been found in Councils records or
produced by any party.
Land was used for parking virtually from date of acquisition.
There is no Notation of Intent for dedication of public reserve
on DP550299 which created Lot 498.
Land dedicated under S94 can be reclassified without Local
Environment Plan.
The gift was conditional upon use for recreational and
community purposes.
5.
Traffic Management and Doltone House
Doltone House must take responsibility for the traffic
management issues it generated and its continued expansion has
exacerbated,
Since 1998 DH has caused greater than ever traffic issues,
Traffic management at its worst when functions and sports
fixtures clash, DH must be compelled to supply its own on site
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The traffic management issue relates to the land use as a car
park, this use has occurred for over 30 years.
Development Compliance is relevant to the Doltone House
property and is a separate issue to the Reclassification.
There is no where for cars to park for Doltone House functions
Draft PoM – Belgrave Esplanade Reclassification of that part of Lot 498 in DP 550299 currently under hardstand and utilised as carpark, from
Community to Operational Land for the purposes of commercial lease and return to Community Land .
No
Submittor
Position
Comments
Evaluation
parking, council is seen as fighting a losing battle to compel DH
to meet its obligations,
other than part Lot 498, the kerb on Belgrave Esplanade and
illegally on the SDRUFC site.
ERM Report recommends DH supply additional 50 spaces on
site.
Council must resolve parking issue without recourse to
reclassification of community land.
6.
Parking for Sporting Activities
1971 agreement to permit SDRUFC to limited overflow parking
use of community land,
This historical agreement was quite acceptable to the
community.
7.
Privatisation of Open Public Land
Objective amendment of the use requires the use rather than
the identified user to be the main consideration.
SDRUC has sole use which is very restrictive considering the
preponderance of the sporting fields in Sylvania Water.
Concern that reclassification to operational land will result in defacto privatisation of public land,
Supporting DH in its commercial operation, The financial
benefit would be derived by DH at the expense of the
community.
8.
Rewarding Inappropriate Corporate Behaviour
DH has demonstrated a blatant disregard for Council planning
controls and court ruling and directives, the reclassification
demonstrates council’s capitulation and reward to DH for
inappropriate corporate behaviour.
9.
The past conduct of Doltone House has not been acceptable;
Litigation is no longer seen as the means to resolve the issues
with Doltone House. Council is moving to provide negotiated
long term solutions.
Options Not Dependant Upon Reclassification
Council needs to pressure DH to manage its own traffic, Council
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Alienation of public land is a philosophical position held by
many persons as a genuine value. The position is respected
greatly however, the community land provisions of he Local
Government Act, 1993 do not suggest it is the paramount
consideration.
The Act does provide for commercial leases of community
land such as restaurants and Kiosks
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Council has been provided advice of different options to
Draft PoM – Belgrave Esplanade Reclassification of that part of Lot 498 in DP 550299 currently under hardstand and utilised as carpark, from
Community to Operational Land for the purposes of commercial lease and return to Community Land .
No
Submittor
Position
Comments
Evaluation
needs to eliminate on street parking in Belgrave Esplanade and
consider other options for parking.
resolve the matter. Short of installing boom gates on the site,
to be locked every evening Council is not able to prevent
vehicles entering and parking on the site.
Similarly Council cannot prevent Doltone House generating
traffic on Belgrave Esplanade.
There was no one present at the hearing in favour of the
reclassification, the views against were very strongly held.
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