Planning Proposal relating to Reclassification of Council owned land (multiple sites)
Project background
Central Coast Council prepared a Planning Proposal for the Reclassifications of Council-owned land at the below listed sites. The Planning Proposal sought to reclassify the sites from Community Land to Operational Land as per Council resolutions.
- 18 Dane Drive, Gosford (Lot 2 DP 1011876)
- 48W Wallarah Road, Gorokan (Lot 2 DP 733448)
- 191 Wallarah Road, Kanwal (Lot 21 DP 813270)
- 75 Bungary Road, Norah Head (Lot 5 Sec 24 DP 758779 and Lot 1 DP 860696)
- Part 2-4 Park Road, The Entrance NSW (part Lot 10 DP 1285833 and part Lot 1 DP 406038)
- 13 and 15 Yaralla Road, Toukley (Lot 78 DP 20493 and Lot 79 DP 20493)
- 49-51 Mann Street, Gosford (Lot 1 DP 251476)
- 50W Parraweena Rd, Gwandalan (Lot 1 DP 1043151)
- Part 6W Kemira Road, Lake Munmorah (part Lot 79 DP 217918)
- Part 20 Summerland Road Summerland Point Lot (part 4 DP 263812)
In addition to the above land reclassifications, Council is proposing to rezone 3 sites (4 lots) from RE1 Public Recreation to RE2 Private Recreation. These sites were:
- 48w Wallarah Road, Gorokan NSW (Lot 2 DP733448)
- 191 Wallarah Road, Kanwal NSW (Lot 21 DP 813270)
- Part 2-4 Park Road, The Entrance NSW (part Lot 10 DP 1285833 and part Lot 1 DP 406038)
Council resolved at its meeting of 23 August 2023 to proceed with the reclassification of seven sites as proposed as part of previous Council resolutions and included four additional sites. The site Austin Butler Access, Woy Woy, was removed from the reclassification process following resolution at the Ordinary Council Meeting of 26 September 2023, therefore 10 sites were included in this reclassification proposal.
Following a review of Council’s assets, multiple sites were identified to be either surplus to Council’s needs or have potential to benefit from long term leasing opportunities. Council is seeking to reclassify the land to operational land in order to facilitate potential sale or commercial leasing arrangements.
The community are invited to read the FAQs (below) and view the Draft Planning Proposal available in the Document Library on this page.
Have your say
The Planning Proposal and other relevant supporting documentation was exhibited between 20 February 2024 and 18 March 2024 at:
- Central Coast Administration Building: 2 Hely Street, Wyong
- On this page
Submissions were to be addressed to the Chief Executive Officer, Mr David Farmer by 5pm 18 March 2024 via:
- online: submission form (preferred)
- email: ask@centralcoast.nsw.gov.au
- post: PO Box 20, Wyong NSW 2259
The planning proposal was drafted in accordance with Section 3.33 of the Environmental Planning and Assessment Act, 1979. A gateway determination under Section 3.34 of the Environmental Planning and Assessment Act was issued by the Department of Planning & Environment.
Your attention is drawn to the provisions of the Government Information (Public Access) Act 2009 which allows for possible access to certain public and personal documentation. View our privacy statement.
Public hearings held on 20 May 2024
Following the public exhibition period, Council held two public hearings into the Reclassification of Council land listed below in accordance with the Local Government Act 1993:
- Erina room, Erina Centre (adjacent to Erina Library) - Wednesday 8 May, 6pm - 7:30pm
- Wyong Golf Club Auditorium - Thursday 9 May, 6pm - 7:30pm
A public hearing report is being prepared by the external facilitator. When ready, it will be uploaded and all participants of the public exhibition and attendees of the hearings will be notified.
Closing the loop
Following the feedback received during public exhibition, Council staff reviewed all submissions and prepared a report on the outcome of the public exhibition process for Council's consideration. It was presented to Council at the 25 June 2024 Council Meeting - Item 2.4 Planning Proposal for Reclassification of Council land (multiple sites) - Outcomes of Public Exhibition.
Those who made submissions were notified prior to the Council Report being considered.
Next steps
The Planning Proposal was supported by Council. As the Minister for Planning and Public Spaces is the Local Plan Making Authority for this Planning Proposal, it has now been progressed to the Department of Planning Housing and Infrastructure for approval and finalisation.
It is important to note that no zoning changes can occur until all approvals have been granted. The Department of Planning Housing and Infrastructure have indicated that the process with be completed by early October 2024.
Council will continue to keep the community informed as the project progresses.
Links
Segmented Documents
Document Library
Timeline
Who's listening
FAQ
What is the objective of the Planning Proposal?
The objective of this Planning Proposal is to reclassify 10 Council managed sites (13 lots) from community land to operational land. These sites are:
- 18 Dane Drive, Gosford (Lot 2 DP 1011876)
- 48W Wallarah Road, Gorokan (Lot 2 DP 733448)
- 191 Wallarah Road, Kanwal (Lot 21 DP 813270)
- 75 Bungary Road, Norah Head (Lot 5 Sec 24 DP 758779 and Lot 1 DP 860696)
- Part 2-4 Park Road, The Entrance NSW (part Lot 10 DP 1285833 and part Lot 1 DP 406038)
- 13 and 15 Yaralla Road, Toukley (Lot 78 DP 20493 and Lot 79 DP 20493)
- 49-51 Mann Street, Gosford (Lot 1 DP 251476)
- 50W Parraweena Rd, Gwandalan (Lot 1 DP 1043151)
- Part 6W Kemira Road, Lake Munmorah (part Lot 79 DP 217918)
- Part 20 Summerland Road Summerland Point Lot (part 4 DP 263812)
In addition to the reclassifications, Council is proposing to rezone 3 sites (4 lots) from RE1 Public Recreation to RE2 Private Recreation. These sites are:
- 48w Wallarah Road, Gorokan NSW (Lot 2 DP733448)
- 191 Wallarah Road, Kanwal NSW (Lot 21 DP 813270)
- Part 2-4 Park Road, The Entrance NSW (part Lot 10 DP 1285833 and part Lot 1 DP 406038)
What is the difference between community and operational land?
Public land is managed by Council under the Local Government Act 1993 based on its classification. All public land is classified as community land or operational land, which are defined below as per LEP Practice Note 16-001: Classification and reclassification of public land through a local environmental plan.
- Community land – is land Council makes available for use by the general public, for example, parks, reserves or sports grounds.
- Operational land – is land which facilitates the functions of Council, and may not be open to the general public, for example, a works depot or council garage.
What are the Council Resolutions related to the reclassification process?
At the 22 August 2023 Council meeting, it was resolved to proceed with the reclassification of seven sites (as proposed as part of previous Council resolutions) and included four additional sites. At a further Council meeting on the 26 of September 2023, it was resolved to remove Austin Butler Access, Woy Woy (Lot 9 DP 235385 [part only]) from this reclassification process. Therefore, 10 sites are now included in the reclassification process.
Who currently owns the land?
All lots in the Planning Proposal are public land, managed by Council. The history for the acquisition of each land parcel varies between lots.
Is Council planning to sell the land?
As part of a review of assets, Council determined some properties were either surplus to its needs or could benefit from a long-term leasing opportunity. Council is seeking to reclassify the land to operational land in order to facilitate potential sale of the land or commercial leasing arrangements. Under the Local Government Act 1993, Council has no power to sell, exchange or otherwise dispose of community land. The intent behind the reclassification for each site is detailed in the table below.
Table 1 – Reasons for reclassification
|
Site |
Lot/DP |
Reason for reclassification |
|
Lot 2 DP 1011876 |
To support the Gosford waterfront and stadium revitalisation initiative by providing increased flexibility for potential future uses. |
|
|
48W Wallarah Road, Gorokan |
Lot 2 DP 733448 |
To rationalise use of land by the adjoining club either via sale or long-term lease. |
|
191 Wallarah Road, Kanwal |
Lot 21 DP 813270 |
To rationalise use of land by adjoining club either via sale or long-term lease. |
|
75 Bungary Road, Norah Head |
Lot 5 Sec 24 DP 758779 & Lot 1 DP 860696 |
To sell via open market to part-fund development of a new community centre. |
|
Part 2-4 Park Road, The Entrance |
Part Lot 10 DP 1285833 & part Lot 1 DP 406038 |
To enable rebuilding of The Greens Bowling Club, either via sale or long-term lease. |
|
13 and 15 Yaralla Road, Toukley |
Lot 78 DP 20493 & Lot 79 DP 20493 |
To enable inclusion of land in Council’s affordable housing sites portfolio, either via sale or long-term lease. |
|
49-51 Mann Street, Gosford |
Lot 1 DP 251476
|
This small sliver of land was inadvertently omitted from the recent reclassification of land to support sale of the former Council chambers at Gosford to TAFE. |
|
50W Parraweena Rd, Gwandalan |
Lot 1 DP 1043151 |
Reclassification will allow the land to be available for dedication as public road reserve, long term-lease or sale. The consequence will be to achieve the full commercial potential of the business centre to the north. |
|
Part 6W Kemira Road, Lake Munmorah |
Part Lot 79 DP 217918 |
Reclassification will allow the land to be available for dedication as public road reserve. The consequence will be to correct a procedural oversight that occurred at the rezoning stage. This site is not proposed to be sold. |
|
Part 20 Summerland Road Summerland Point |
Part Lot 4 DP 263812 |
It is intended that the land should be offered to the owner of Sporties (being Doyalson-Wyee RSL Club) on a long-term operational lease on suitable commercial terms, providing opportunity for substantial upgrades and modernisation of facilities on-site. |
Why can’t the land stay classified as community land?
As per Clause 45(1) of the Local Government Act 1993 , Council has no power to sell, exchange or otherwise dispose of community land. Leasing terms are also significantly restricted for community classified land.
If the sites remain community classified land, building upgrades, construction of affordable homes, and commercial leases are restricted, meaning the community benefits are not adequately realised.
Will Council profit from selling land?
The reclassification of the sites to operational land will enable the potential sale of sites. Funds from any sales will enable Council to continue to deliver a range of social/community services and infrastructure to the community.
What is the reclassification process?
Reclassification of community land must follow the procedure prescribed by the Department of Planning and Environment’s LEP Practice Note 16-001: Classification and reclassification of public land through a local environmental plan.
The purpose of a public hearing is to give interested people an opportunity to have their say on the proposed reclassification before a decision is made.
If appropriate, the Planning Proposal will be recommended for Council endorsement following consideration of any public submissions and issues raised during the public hearing.
What is the Planning Proposal process?
The Planning Proposal is currently at the first stage in the Local Environmental Plan Amendment Process shown in Diagram 1. Planning proposals to reclassify public land are to be publicly exhibited for at least 28 days.
Council must also hold a public hearing when reclassifying public land from community to operational land.
Diagram 1 – LEP Amendment/Rezoning Process
What happens after the Public Exhibition period?
Council staff will consider the outcomes of the public exhibition for the Planning Proposal in deciding whether to recommend the finalisation of the land reclassification in a report to Council.
What is a Public Hearing and when will it be held?
A public hearing is a community meeting that will enable members of the public to comment on the change of classification of the lands from community to operational. There are specific requirements for an independent person to chair the hearing and prepare a public hearing report, and that Council make the report publicly available. This is required under Division 1 (29) of the Local Government Act 1993 (Division 1 Classification and reclassification of public land part 29 Public Hearing into reclassification) Local Government Act 1993 No 30 - NSW Legislation.
There were two public hearings held for this Planning Proposal:
- Wednesday 8 May 2024 – 6pm - 7:30pm - Erina Centre (adjacent to Erina Library) in Erina Fair Shopping Centre (this session focuses on sites in the south)
- Thursday 9 May 2024 – 6pm - 7:30pm - Wyong Golf Club Auditorium (this session focuses on sites in the north)
Why are multiple sites being reclassified?
Following a review of Council’s assets, multiple sites were identified to be either surplus to Council’s needs or have potential to benefit from long term leasing opportunities.
The reclassification process requires an LEP amendment through a Planning Proposal. The process is resource intensive therefore it is most efficient to consolidate the sites into one LEP amendment and Planning Proposal.