Proposed changes to the land management controls of Dunara Reserve

Proposed changes to the land management controls of Dunara Reserve, Point Piper

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Summary

The planning proposal sought to reclassify the site (Lot 11, DP 27451) to 'operational' under the LG Act which would increase the options for managing the site, including an option for sale. Section 27(1) of the LG Act requires that the reclassification of public land is made by an LEP.

Initial assessment

On 10 August 2015, the Community and Environment Committee (C&E Committee) considered a report on options for the future use of the site. Having considered the recommendation from the C&E Committee, on 24 August 2015 Council resolved:

• A. THAT Council prepare a planning proposal to amend Schedule 4: Classification and reclassification of public land in Woollahra Local Environmental Plan 2014 (Woollahra LEP 2014) to reclassify the land known as Dunara Gardens from ‘community land’ to ‘operational land’ with the intention of disposing of the land.
• B. THAT a further report be brought to Council on the findings of the public consultation including the public hearing and submissions.

Public Exhibition Material

In 2017 the planning proposal was publicly exhibited and subsequently re-exhibited:

• Exhibition of the planning proposal was held from Wednesday 9 August to Friday 8 September 2017.
• Re-exhibition of the planning proposal was held from Wednesday 25 October 2017 to Friday 24 November 2017.

The key exhibition documents are provided below:

• Correspondence from the Department of Planning and Environment including Gateway determination(PDF, 282KB)
• Planning proposal(PDF, 3MB)
• Appendix 1 – Information checklist for proposals to classify or reclassify public land through an LEP taken from practice note 16-001(PDF, 620KB)
• Appendix 2 – Report to the Community and Environment Committee of 10 August 2015(PDF, 190KB)
• Appendix 3 – Council resolution of 24 August 2015(PDF, 139KB)
• Practice Note 16-001 - Classification and reclassification of public land through a LEP(PDF, 139KB) (5 October 2016)
• Planner's report summarising issues raised in submissions(PDF, 30MB)

Public Hearing

A public hearing was then held on Wednesday 14 March 2018. The Chairperson's report and attachments can be viewed below:

• Chairperson's report(PDF, 720KB)
• Attachment 1 - Copies of the Notification Letter(PDF, 136KB)
• Attachment 2 - Planners Report(PDF, 30MB)
• Attachment 3 - List of Speakers and Summary of Submissions(PDF, 421KB)
• Attachment 4 - Written Submissions(PDF, 84MB)
• Attachment 5 - Material Handed up at Public Hearing(PDF, 21MB)
• Attachment 6 - NSW Department of Planning and Environment LEP Practice Note(PDF, 176KB)

Finalisation

A report and annexures on the public exhibition and public hearing was considered by Council’s Environmental Planning Committee (EPC) on Monday 2 July, 2018.

• EPC Report and Annexures 1-4(PDF, 34MB)
• Annexure 5(PDF, 36MB)
• EPC Minutes(PDF, 370KB)

On 16 July 2018, the Council considered the recommendation of the EPC and resolved:

• A. THAT Council note the recommendation of the chair of the public hearing, Stuart McDonald, as identified in the Public Hearing Report dated June 2018 and provided in Annexure 5 of the report to the Environmental Planning Committee on 02 July 2018.
• B. THAT Council not proceed with the planning proposal for Dunara Reserve, Point Piper, to reclassify the site from “community land” to “operational land” and not proceed with the preparation of a draft LEP.
• C. THAT Council keep the land in public ownership in perpetuity.
• D. THAT in accordance with section 3.35(4) of the Environmental Planning and Assessment Act 1979, the Council request the Minister or the Greater Sydney Commission to determine that the matter not proceed.

Full Council Minutes(PDF, 718KB)

On 29 August 2018 the Department of Planning and Environment issued an amended gateway determination(PDF, 549KB) which stated that the planning proposal should not proceed.

Enquiries

For more information contact Council’s Strategic Planners on 02 9391 7087.