Revocation of Community Land - Lot 91 Finniss-Clayton Road, Clayton Bay

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May 2024 Update

20 May 2024 meeting resolution:

1. Council is satisfied that it has complied with the due process required under Section 194 of the  Local  Government  Act  1999  in  its  undertaking  of  a  community  land  revocation process over the land parcel located at Lot 91 in Filed Plan 161584, Certificate of Title Volume 5890 Folio 949.  

2.  revoke the classification of the land in Allotment 91 Filed Plan 161584, as contained in Certificate of Title Volume 5890 Folio 949, as community land in accordance with section 194(3)(b) of the Local Government Act 1999, consistent with the approval of the Minister for Local Government. 

3.  authorise the Mayor and Chief Executive Officer to sign and affix the Common Seal as necessary to all documentation required by the Registrar-General to revoke the community land classification over the land parcel located at Allotment 91 Filed Plan 161584 as contained in Certificate of Title Volume 5890 Folio 949, in accordance with section 195(2) of the Local Government Act 1999.

4.  That on completion of the revocation of the community land classification for the land parcel  located  at  Allotment  91  Filed  Plan  161584  as  contained  in  Certificate  of  Title Volume 5890 Folio 949, a further Report is provided to Council with the market value and financial approach method for the disposal of the land.  

Read the minutes and Council Report here: https://mysay.alexandrina.sa.gov.au/89094/widgets/417728/documents/288374

November 2023 Update

After considering the 13 submissions received during public consultation, Council decided to submit a Revocation of Community Land proposal (application) to the Minister over Lot 91 Finniss – Clayton Road, Clayton Bay. This proposal was initiated after the Strategic Land Program elected to progress an approach from the surrounding landowner of Lot 91. The landowner wanted to purchase the land parcel given that neither Council nor the community had or could have practical access to the land for over 80 years due to inundation.

A summary is provided below, alternatively, read the full minutes of the 20 November 2023 Council Meeting here: https://www.alexandrina.sa.gov.au/__data/assets/pdf_file/0023/1506740/Council-Minutes-20-Nov-23.pdf(External link) 

or the full agenda reports including community feedback received here: https://www.alexandrina.sa.gov.au/__data/assets/pdf_file/0040/1499935/Council-Agenda-20-Nov-23-web.pdf


Lot 91 Finniss-Clayton Road Clayton Bay – Revocation of Community Land Classification

Council’s Strategic Land Program has identified an opportunity at Lot 91 Finniss-Clayton Road, Clayton Bay to dispose of the land to an adjacent landowner.

Lot 91 Finniss-Clayton Road Clayton Bay is an undeveloped reserve of 5.3 hectares in size and classified as community land. In December 1893, the then District Council of Bremer gained ownership of the subject land when Certificate of Title Volume 581 Folio 78 was issued to it. In 1934, Council then closed the road on the north-west boundary of the reserve. This road had provided access from the Finniss – Clayton Road and its closure made the land inaccessible in practical terms.

What remains legally an unmade public road, adjoins the southwest boundary of the land. However, the completion of the barrages had the effect of holding water levels such that parts of this unmade road have been permanently submerged since 1940.

In November 2020, an approach was made from the surrounding landowner to purchase this land parcel, noting that neither Council nor the community had practical access to it for over 80 years.

The absence of practical access to anyone but the only adjoining owner makes the proposal unusual.

The land is classified as community land, as it was not excluded from this classification at the time of the introduction of the Local Government Act 1999. It is categorised in the 2023 - 2028 Community Land Management Plan as Undeveloped Reserve. To be able to further an approach to the Minister of the Local Government Act 1999 to consider a revocation of the community land classification, this Report seeks approval to progress to public consultation, in order to gauge community appetite for revoking the classification of community land for the purpose of disposal.

If the land parcel progressed to sale, two (2) independent market valuations would be obtained in order to determine the purchase price. In accordance with financing the Long Term Financial Plan, any surplus funds are applied to repaying borrowings. Proceeds from the sale of the land will reduce borrowings and provide capacity for Council to reinvest the revenue in alternative project initiatives.

For context, visually the land parcel the subject of this Report is represented in yellow below:

Community engagement on progressing this proposal will inform Council and the Minister responsible for making the decision to revoke the classification or otherwise.

The full proposal for the revocation of the community land classification is provided in the Information Pack.

How to submit feedback:

  • By Mail - please direct written submission to alex@alexandrina.sa.gov.au or
    by post to Att: CEO, Alexandrina Council, PO Box 21, Goolwa SA 5214, or
  • In Person - where you can complete a hard copy survey at the Strathalbyn or Goolwa offices.

Submissions regarding the proposal will be accepted by Council until Friday 27 October 2023.


Lot 91 Finniss-Clayton Road Clayton Bay – Revocation of Community Land Classification

Council’s Strategic Land Program has identified an opportunity at Lot 91 Finniss-Clayton Road, Clayton Bay to dispose of the land to an adjacent landowner.

Lot 91 Finniss-Clayton Road Clayton Bay is an undeveloped reserve of 5.3 hectares in size and classified as community land. In December 1893, the then District Council of Bremer gained ownership of the subject land when Certificate of Title Volume 581 Folio 78 was issued to it. In 1934, Council then closed the road on the north-west boundary of the reserve. This road had provided access from the Finniss – Clayton Road and its closure made the land inaccessible in practical terms.

What remains legally an unmade public road, adjoins the southwest boundary of the land. However, the completion of the barrages had the effect of holding water levels such that parts of this unmade road have been permanently submerged since 1940.

In November 2020, an approach was made from the surrounding landowner to purchase this land parcel, noting that neither Council nor the community had practical access to it for over 80 years.

The absence of practical access to anyone but the only adjoining owner makes the proposal unusual.

The land is classified as community land, as it was not excluded from this classification at the time of the introduction of the Local Government Act 1999. It is categorised in the 2023 - 2028 Community Land Management Plan as Undeveloped Reserve. To be able to further an approach to the Minister of the Local Government Act 1999 to consider a revocation of the community land classification, this Report seeks approval to progress to public consultation, in order to gauge community appetite for revoking the classification of community land for the purpose of disposal.

If the land parcel progressed to sale, two (2) independent market valuations would be obtained in order to determine the purchase price. In accordance with financing the Long Term Financial Plan, any surplus funds are applied to repaying borrowings. Proceeds from the sale of the land will reduce borrowings and provide capacity for Council to reinvest the revenue in alternative project initiatives.

For context, visually the land parcel the subject of this Report is represented in yellow below:

Community engagement on progressing this proposal will inform Council and the Minister responsible for making the decision to revoke the classification or otherwise.

The full proposal for the revocation of the community land classification is provided in the Information Pack.

How to submit feedback:

  • By Mail - please direct written submission to alex@alexandrina.sa.gov.au or
    by post to Att: CEO, Alexandrina Council, PO Box 21, Goolwa SA 5214, or
  • In Person - where you can complete a hard copy survey at the Strathalbyn or Goolwa offices.

Submissions regarding the proposal will be accepted by Council until Friday 27 October 2023.

  • CLOSED: This survey has concluded.

    Survey – Lot 91 Finniss-Clayton Road Clayton Bay (Revocation of Community Land Classification)

    May 2024 Update

    20 May 2024 meeting resolution:

    1. Council is satisfied that it has complied with the due process required under Section 194 of the  Local  Government  Act  1999  in  its  undertaking  of  a  community  land  revocation process over the land parcel located at Lot 91 in Filed Plan 161584, Certificate of Title Volume 5890 Folio 949.  

    2.  revoke the classification of the land in Allotment 91 Filed Plan 161584, as contained in Certificate of Title Volume 5890 Folio 949, as community land in accordance with section 194(3)(b) of the Local Government Act 1999, consistent with the approval of the Minister for Local Government. 

    3.  authorise the Mayor and Chief Executive Officer to sign and affix the Common Seal as necessary to all documentation required by the Registrar-General to revoke the community land classification over the land parcel located at Allotment 91 Filed Plan 161584 as contained in Certificate of Title Volume 5890 Folio 949, in accordance with section 195(2) of the Local Government Act 1999.

    4.  That on completion of the revocation of the community land classification for the land parcel  located  at  Allotment  91  Filed  Plan  161584  as  contained  in  Certificate  of  Title Volume 5890 Folio 949, a further Report is provided to Council with the market value and financial approach method for the disposal of the land.  

    Read the minutes and Council Report here: https://mysay.alexandrina.sa.gov.au/89094/widgets/417728/documents/288374

    November 2023 Update

    After considering the 13 submissions received during public consultation, Council decided to submit a Revocation of Community Land proposal (application) to the Minister over Lot 91 Finniss – Clayton Road, Clayton Bay. This proposal was initiated after the Strategic Land Program elected to progress an approach from the surrounding landowner of Lot 91. The landowner wanted to purchase the land parcel given that neither Council nor the community had or could have practical access to the land for over 80 years due to inundation.

    A summary is provided below, alternatively, read the full minutes of the 20 November 2023 Council Meeting here: https://www.alexandrina.sa.gov.au/__data/assets/pdf_file/0023/1506740/Council-Minutes-20-Nov-23.pdf(External link) 

    or the full agenda reports including community feedback received here: https://www.alexandrina.sa.gov.au/__data/assets/pdf_file/0040/1499935/Council-Agenda-20-Nov-23-web.pdf
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