Councils are required under the Local Government Act 1993 to classify all land owned or managed by Council. In NSW, there are two classifications of land, community or operational land.
Community land is land dedicated to community use such as parks, natural areas and sportsgrounds. The Local Government Act requires that community land be managed in accordance with plans developed in accordance with the Act.
Conditions that apply to community land are:
- community land cannot be sold
- cannot be leased, licensed or have any other estate granted over the land for more than 21 years
- a Plan of Management must be prepared or applied.
Operational land has no special management restrictions other than those that may apply to any piece of land such as zoning. Operational land does not require a plan of management.
What is a Plan of Management?
Council prepares Plans of Management in consultation with the community, other stakeholders and relevant agencies. Plans of Management contain the following features:
- Identify the important features of the land and any buildings or improvements;
- Outline how Council will manage the land
- Specify how the land and any buildings may be used or developed (including leasing and licensing).
The minimum requirements under the Local Government Act are that a plan of management must:
- Categorise the land
- Contain objectives and performance targets of the plan
- Specify the means of achieving the objectives and performance targets
- Outline how Council intends to measure and assess the objectives and performance target
Categories of Community Land
Community Land must be categorised as one or more of the following:
- Natural Area
- Area of cultural significance eg Aboriginal or historical.
- General Community Use
Land categorised as a natural area is further categorised as:
- Or category prescribed by regulations
A piece of community land may involve more than one category ie local park with a children’s playground and remnant bushland.
The objectives for each category are provided in s.36 of the Local Government Act 1993. Plans of Management must be consistent with the objectives of the Act.
Community Consultation and Submissions
Council is required to give public notice of draft plans of management and exhibit for a period of at least 28 days. Submissions from interested parties will be accepted up to 42 days after the commencement of the public exhibition period.
Council must consider any submissions lodged in relation to the draft plan of management. If reclassification of community land is proposed, a public hearing must be held. Following this process, the draft Plan of Management is presented to Council for adoption.
Council can amend plans of management at any time by adopting a new plan. However, any significant amendment is regarded as another plan of management. The amended plan must be put on public exhibition with opportunities for submissions prior to adoption.
All Plans of Management are developed in accordance with the requirements of the Local Government Act 1993 and are available for public comment.
Access to Plans of Management
There are a number of ways Council's Plans of Management can be viewed:
- Viewing a copy at Strathfield Library (Local Studies Collection). Availability of documents can be checked in the Library catalogue
- Viewing or purchasing a copy from Council’s Customer Service Centre (costs are specified in Council’s fees and charges ).
For further information please contact Council on 9748 9999.