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

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:

• Online Survey - https://mysay.alexandrina.sa.gov.au/embeds/projects/89094/survey-tools/98890

• 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.