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Tweed Reserve Trust Meeting Tuesday 19 July 2011

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Chair: Tr Kevin Skinner

Trustees: B Longland (Deputy Chair) D Holdom

K Milne W Polglase J van Lieshout P Youngblutt

Agenda

Tweed Reserve Trust Meeting Tuesday 19 July 2011

held at Murwillumbah Cultural and Civic Centre commencing at 3.15pm

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Tweed Reserves Trust Meeting: Tuesday 19 July 2011

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Items for Consideration of the Trust:

ITEM PRECIS PAGE

CONFIRMATION OF MINUTES 5

1 [CONMIN] Minutes of the Ordinary and Confidential Meetings of the Reserves Trust Meetings held Tuesday 16 November 2010

5

REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST/GENERAL MANAGER

7

REPORTS FROM DIRECTOR COMMUNITY AND NATURAL RESOURCES 7 2 [CNR-RT] Tweed Reserves Trust - Kingscliff Mini School - Crown

Reserve 91130

7

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Tweed Reserves Trust Meeting: Tuesday 19 July 2011

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CONFIRMATION OF MINUTES

1 [CONMIN] Minutes of the Ordinary and Confidential Meetings of the Reserves Trust Meetings held Tuesday 16 November 2010

UNDER SEPARATE COVER/FURTHER INFORMATION:

To view any "non confidential" attachments listed below, access the meetings link on Council's website the meeting) or Council's libraries (from Monday the week of the meeting).

1. Minutes of the Ordinary Reserve Trust Meeting held Tuesday 16 November 2010 (ECM 24294775)

2. Confidential Attachment - Minutes of the Confidential Reserve Trust Meeting held Tuesday 16 November 2010 (ECM 24300783)

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Tweed Reserves Trust Meeting: Tuesday 19 July 2011

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REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST/GENERAL MANAGER

REPORTS FROM DIRECTOR COMMUNITY AND NATURAL RESOURCES

2 [CNR-RT] Tweed Reserves Trust - Kingscliff Mini School - Crown Reserve 91130

ORIGIN:

Design/Community and Cultural Services

FILE NO: PF2890/360

SUMMARY OF REPORT:

The Kingscliff Mini School has operated from Crown Reserve 91130, on the corner of Kingscliff Street and Ozone Street, Kingscliff since the original building was constructed in 1984.

Council's records indicates that the land was reserved for a Kindergarten in April 1978, and Council was appointed Trustee in June 1978.

The Mini School has never held a lease over the land to operate the preschool, however, a development application has been lodged for an extension to the building and the Crown Lands Division (formerly the Land and Property Management Authority) requires a lease or licence be created to facilitate the ongoing use of the Crown Land for the reserved purpose.

RECOMMENDATION:

That the Tweed Reserves Trust:

1. Approves the lodgement of a development application for an extension of the existing preschool operating from Crown Reserve 91130 being Lots 17 and 18 in DP 704246 and providing consent as landowner.

2. Approves entering into an interim twelve month licence with the Kingscliff Mini School for the construction of the extension to commence when the construction certificate issues for the development.

3. Approves entering into a lease for ten years, with an option for a further ten years at the expiry of the interim licence and when the occupation certificate issues for the development.

4. Executes all documentation under the Common Seal of Council.

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Tweed Reserves Trust Meeting: Tuesday 19 July 2011

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REPORT:

The Kingscliff Mini School (the “Mini School”) has operated from Crown Reserve 91130, on the corner of Kingscliff Street and Ozone Street, Kingscliff since the original building was constructed in 1984.

Council's records indicates that the land was reserved for a Kindergarten in April 1978, and Council was appointed Trustee in June 1978.

The plan below shows the location of the Mini School in Kingscliff:

The Mini School has never held a lease over the land to operate the preschool, however, a development application has been lodged for an extension to the building and the Crown Lands Division (formerly the Land and Property Management Authority) require a lease or licence be created to facilitate the ongoing use of the Crown Land for the reserved purpose.

In discussions with the Crown, it was suggested that the Reserve Trust be the proponent for the development as the Mini School do not hold any tenure for the land, and will negate the requirement for the Crown to sign the application as landowner. It will also allow the development application to be lodged and assessed without delay.

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Ozone St Peate Ct

Ocean St

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The Mini School is relying on Federal Government funding for the development which requires the use of the funding within a limited period. To ensure that assessment of the application is not delayed, it is recommended that the Reserves Trust approves signing the development application for the development as landowner and issuing an interim licence for the construction and entering into a lease, with a statutory minimum rent upon occupation.

This will then give the Mini School formal tenure of the land and assist in future applications for funding for them to continue operating the preschool.

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

The Reserve will be seeking statutory minimal rental available being $400 per annum currently but this is subject to approval from the Crown as land owner.

POLICY IMPLICATIONS:

Nil.

UNDER SEPARATE COVER/FURTHER INFORMATION:

To view any "non confidential" attachments listed below, access the meetings link on Council's website Tweed Heads or Murwillumbah (from 8.00am Thursday the week before the meeting) or Council's libraries (from 10.00am Thursday the week of the meeting).

Nil.

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Tweed Reserves Trust Meeting: Tuesday 19 July 2011

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