Chair: Tr G Bagnall
Trustees: P Youngblutt M Armstrong C Byrne B Longland K Milne W Polglase
Agenda
Tweed Coast Reserve Trust Meeting Thursday 19 March 2015
held at Murwillumbah Cultural and Civic Centre commencing at 5.00pm
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Tweed Coast Reserve Trust Meeting: Thursday 19 March 2015
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Items for Consideration of the Trust:
ITEM PRECIS PAGE
REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST 5
REPORTS FROM DIRECTOR ENGINEERING 5
1 [E-TCRT] Crown Land Reserve 70816 - Kennedy Drive, Tweed Heads West
5
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Tweed Coast Reserve Trust Meeting: Thursday 19 March 2015
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REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST
REPORTS FROM DIRECTOR ENGINEERING
1 [E-TCRT] Crown Land Reserve 70816 - Kennedy Drive, Tweed Heads West
SUBMITTED BY: Design
Valid
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:
2 Supporting Community Life
2.3 Provide well serviced neighbourhoods
2.3.6 Provide conveniently placed and well equipped parks, sporting, recreational, cultural and community facilities
SUMMARY OF REPORT:
Crown Reserve 70816 on Kennedy Drive, Tweed Heads is adjacent to 226 Kennedy Drive, which is a fenced property that, when surveyed, revealed that a small sliver of the Crown Reserve was within the fenced land.
The sliver of land has an area of 27m2.
Historical aerial photographs show that the fence was in place in 2000, and possibly before that.
The current owners of 226 Kennedy Drive have asked to purchase the sliver of land and in light of the historical encroachment with no negative impact, it is recommended that the Trust undertake public notice of the intention to approve the sale.
Such notice is required pursuant to 102(1) of the Crown Lands Act 1989, and the Trust must wait 14 days before seeking consent from the Minister for Lands to the sale.
The Trust has also been requested to provide owner's consent for the lodgement of a development application for 226 Kennedy Drive, to open a café on their land. The addition of the 27m2 to their land will allow them to provide the required on-site parking for the development.
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a development application for a café, and to publish a notice of intention to sell the land with a 14 day submission period.
RECOMMENDATION:
That the Tweed Coast Reserve Trust:
1. Makes no objection to the lodgement of a development application by the owners of 226 Kennedy Drive, Tweed Heads West which includes part of Crown Reserve 70816 being Lot 7058 DP 92754; and
2. Approves the publication of a notice of intention to dispose of Crown Land being part of Crown Reserve 70816 being Lot 7058 DP 92754 having an area of approximately 27m2.
Tweed Coast Reserve Trust Meeting: Thursday 19 March 2015
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REPORT:
Crown Reserve 70816 on Kennedy Drive, Tweed Heads is adjacent to 226 Kennedy Drive, which is a fenced property that, when surveyed, revealed that a small sliver of the Crown Reserve was within the fenced land.
The sliver of land has an area of 27m2.
The plan shows the location of the fence at Figure 1:
Figure 1:
Historical aerial photographs show that the fence was in place in 2000, and possibly before that.
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Figure 2:
The current owners of 226 Kennedy Drive have asked to purchase the sliver of land and in light of the historical encroachment with no negative impact on the use of the Reserve, it is recommended that the Trust undertake public notice of the intention to approve the sale.
Such notice is required pursuant to section 102(1) of the Crown Lands Act 1989, and the Trust must wait 14 days before seeking consent from the Minister for Lands to the sale.
A valuation would be obtained following the granting of consent by the Minister, and the Trust may, pursuant to section 106 seek a direction from the Minister that the proceeds be used for the purchase of lands for the reserve, maintenance of the reserve or another reserve that the Trust manages.
The Trust has also been requested to provide owner's consent for the lodgement of a development application for 226 Kennedy Drive, to open a café on their land. The addition of the 27m2 to their land will allow them to provide the required on-site parking for the development.
The applicants note in their letter that they consider that the café would be of benefit to the local community, providing both a service and generate jobs, and will utilise local products and produce.
Tweed Coast Reserve Trust Meeting: Thursday 19 March 2015
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It is recommended that the Trust resolve to grant owner's consent for the lodgement of a development application for a café, and to publish a notice of intention to sell the land with a 14 day submission period.
OPTIONS:
1. That the Tweed Coast Reserves Trust resolve to make no objections to the provision of landowners consent for the lodgement of a development application over Crown Reserve 70816, and to publish a notice of its intention to dispose of part of the reserve;
or
2. That the Tweed Coast Reserves Trust will not approve of the disposal or notice of intention to dispose of part of the reserve.
CONCLUSION:
The longstanding encroachment has had no negative impact on the use of the reserve and the potential benefit to the local community by the creation of jobs, together with the activation of the area, is a good outcome.
COUNCIL IMPLICATIONS:
a. Policy:
Corporate Policy Not Applicable.
b. Budget/Long Term Financial Plan:
c. Legal:
Not Applicable.
d. Communication/Engagement:
Consult-We will listen to you, consider your ideas and concerns and keep you informed.
UNDER SEPARATE COVER/FURTHER INFORMATION:
Nil.
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