FAQs

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

All local government land (except roads) that is owned by Council or is under the care, control and management of Council is classified as Community Land under the Local Government Act 1999, unless it has been exempted through legislation, excluded by resolution of Council or the classification has been revoked.

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.

Sometimes Council needs to consider whether it is in the long term interests of the community that the protection of a parcel of land under the classification of Community Land should continue. Council (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 the building of a community facility.

The Local Government Act 1999 contains important restrictions on the ability of Council to revoke and 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 Planning and 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.

Section 194 of the Local Government Act 1999 requires Council to prepare a report on a proposal to revoke the Community Land classification of any land and to make the report available, and follow the steps set out in its public consultation policy before considering any submissions and submitting the proposal to the Minister for Planning and Local Government for decision. The report describes the proposal, the reasons behind it, where the land is located and the possible future use of the land.

Feedback from the 2020 consultation was considered by Council and a request for approval to revoke the community land classification was submitted to the Minister for Planning.

Council is seeking approval for the revocation of the Community Land Classification to enable the portion indicated as Piece A on the plan below to be sold to St Martin de Porres School and to sell piece B on the open market in a manner to achieve maximum net financial return to Council. This will likely result in residential development on the site.

A pathway through the reserve may be considered linking Berrima Road to Spinnaker Circuit, depending on community feedback.

The funds will be returned to the City of Marion Open Space Fund which will be used to develop open space across the city

If the land is retained, it will be open for use by the community, but may be subject to a Lease or Licence in accordance with the provisions of the Local Government Act 1999.