proposal for the revocation of … of section 29 of the town planning act 1929-1963 vide...

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PROPOSAL FOR THE REVOCATION OF CLASSIFICATION OF LAND AS COMMUNITY LAND A portion of Allotment 206 in Filed Plan 167021 known as the Murray Bridge Golf Course Standen Street Murray Bridge Purpose To seek to revoke the classification of land as ‘Community Land’ from a portion (3ha) of land commonly known as the Murray Bridge Golf Course, Allotment 206 in Filed Plan 167021 in the area named Murray Bridge. Page 1 of 4 Rural City of Murray Bridge – Murray Bridge Golf Course Revocation of Classification of Land as Community Land

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Page 1: PROPOSAL FOR THE REVOCATION OF … of Section 29 of the Town Planning Act 1929-1963 vide proclamation in ... Council, in consultation with the community, wish to revocate the land

PROPOSAL FOR

THE REVOCATION OF CLASSIFICATION OF LAND AS COMMUNITY LAND

A portion of Allotment 206 in Filed Plan 167021

known as the Murray Bridge Golf Course

Standen Street Murray Bridge

Purpose

To seek to revoke the classification of land as ‘Community Land’ from a portion (3ha) of land commonly known as the Murray Bridge Golf Course, Allotment 206 in Filed Plan 167021 in the area named Murray Bridge.

Page 1 of 4 

Rural City of Murray Bridge – Murray Bridge Golf Course Revocation of Classification of Land as Community Land 

Page 2: PROPOSAL FOR THE REVOCATION OF … of Section 29 of the Town Planning Act 1929-1963 vide proclamation in ... Council, in consultation with the community, wish to revocate the land

Page 2 of 4 

Rural City of Murray Bridge – Murray Bridge Golf Course Revocation of Classification of Land as Community Land 

Background

Council owns the subject land which is leased to the Murray Bridge Golf Club under a Memorandum of Lease which expires 30th June 2012 with a further right of renewal of ten years.

Currently the golf course contains an 18 hole course which includes extensive landscaping, trees, waterholes etc. The golf course clubhouse is built on private land owned by the Murray Bridge Golf Club.

Council was approached by the Burke Urban joint venture development partners including the Murray Bridge Racing Club, who are in the process of constructing a new track and horse racing facility at Gifford Hill on Brinkley Road, to explore an option of maximizing the open space contribution and providing other community benefits. The proposal includes enlarging the existing golf course to a par 71 competition-standard golf course and building residential housing in the middle of the existing golf course.

Discussion The subject land is deemed to be classified as Community Land by virtue of the Local Government Act, due to its dedication and the non-exclusion of this land parcel from this classification of community land. Pursuant to Section 194 of the Local Government Act, the Council has resolved to commence the process to revoke a portion of the land from the classification as community land for the purposes of ‘freeing’ the land for future development opportunities. The Council must comply with the statutory requirements set out in Section 194, namely; Summary of reasons for the proposal (s194(2)(a)(i)) The proposed development of the race course and golf course land will deliver the following:

• a minimum open space contribution of 35% of the Race Course land (16ha in total);

• a par 71 competition standard golf course of 5,474m;

• storm-water detention facilities;

Page 3: PROPOSAL FOR THE REVOCATION OF … of Section 29 of the Town Planning Act 1929-1963 vide proclamation in ... Council, in consultation with the community, wish to revocate the land

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Rural City of Murray Bridge – Murray Bridge Golf Course Revocation of Classification of Land as Community Land 

• a public pedestrian /cycle link through the site;

• a residential estate of 296 lots including a maximum of 3.0ha (33 residential lots) within the site of the current Golf Course;

• an option of a 105-unit retirement village (4.2ha) or 48 residential lots in lieu;

• a motel site (4,000m2);

• an option of a neighborhood centre (subject to separate consideration of a rezoning for this portion of the site; and

• realignment of the intersection of Mulgundawah and Maurice Roads.

Under the proposal, property ownership of the new fairways would be transferred to Council with the Golf Club’s lease renegotiated to include the extension of the golf course. The fairways would be constructed and landscaped, before transfer, with turf and irrigation equivalent to the standard of the existing fairways, at no cost to Council or the Golf Club (unless otherwise agreed).

A statement of any dedication, reservation or trust (s194(2)(a)(ii))

Allotment 206 in Filed Plan 167021 has been declared to be open space within the meaning of Section 29 of the Town Planning Act 1929-1963 vide proclamation in Government Gazette dated 24.06.1965 page 1588 as varied vide proclamation in Government Gazette dated 11.05.1972 page 1758.

Statement of whether revocation is proposed with a view to disposal (s194(2)(a)(iii))

A portion (3ha) of the Murray Bridge Golf Course has been earmarked for exchange as part of a redevelopment of the Golf Course to include residential housing.

This development opportunity would involve a net addition to public open space of 13 ha. To achieve this increase in community land, and subject to considering the outcomes of the public consultation, Council has agreed to transfer (on appropriate and agreed terms) a 3 ha portion of the Golf Course to the owners of the Race Course for residential development. Concurrent with any transfer that may occur, Council will require that at least 16 ha of the adjacent Race Course land be vested in Council as open space (community land).

Page 4: PROPOSAL FOR THE REVOCATION OF … of Section 29 of the Town Planning Act 1929-1963 vide proclamation in ... Council, in consultation with the community, wish to revocate the land

Page 4 of 4 

Rural City of Murray Bridge – Murray Bridge Golf Course Revocation of Classification of Land as Community Land 

Assessment on how the revocation will affect the local community (s194(2)(a)(iv))

The revocation process will benefit the local community through an increase in the size of the area available for passive recreation that can be enjoyed by all persons whether local or visitors to the area. The joint scheme development will provide the community with a prestige competition golf course; increased area of open space and a public pedestrian/cycle link through the facility with linked access to local retail facilities.

Statement of land tenure

Owner of the Land The land is held in the freehold (with dedications) ownership of the Council. Physical description of the Land The subject land for revocation is 3 ha in area being a portion of a 30.03 ha allotment (as depicted in the attached Map). The golf course abuts three (3) roads Ritter Street, Standen Street and Maurice Road. The fourth side abuts the Murray Bridge Race Course.

Being a portion (3ha) of allotment 206 in filed plan 167021 in Certificate of Title volume 5766 Folio 404 in the area of Murray Bridge Hundred of Mobilong.

Statement of any Dedication, Reservation or Trust The subject land is in fee simple (freehold) title to the Council, but has a dedication upon it. The land is encompassed within Certificate of Title Register Volume 5766 Folio 404. Acquisition of the Land To Council’s knowledge the State or Federal Government have not contributed, funded or gifted any portion of the subject land. Summary The intent of the revocation process is to ensure that the community can have fair representation and a hearing on proposed future options for the land that is held by the Council for the community’s benefit. Council, in consultation with the community, wish to revocate the land classified as community land for the redevelopment of the race course and golf course land to include a state of the art par 71 competition golf course, residential housing and public pedestrian/cycle link through the facility.