FAQ

The purpose of the Planning Proposal is to amend Part 1 (Land classified, or reclassified, as operational land—no interests changed) of Schedule 4 (Classification and reclassification of public land) of Coffs Harbour Local Environmental Plan 2013 in order to reclassify Lot 2 DP 579023, 50 Minorie Drive, Toormina from Community to Operational land.

Classification of public land occurs when land is first acquired by a council and classified as either community or operational. Community land is typically available for use by the general public. Examples include parks, reserves or sports grounds.

Operational land may not necessarily be open to the general public, and is used to enable the functions of Council such as a works depot, water tower, and some community facilities which can include preschools. There are no special restrictions on council powers to manage, develop, dispose, or change the nature and use of operational land.

At its Ordinary Meeting of 21 July 1975 Council resolved to accept the transfer of Lot 2 DP 579023 from Toormina Holdings Pty Ltd, so that Council could act as the trustee for the Toormina Preschool Association.

At its Ordinary Meeting of 18 August 1975 Council further resolved that the transfer of Lot 2 DP 579023 from Toormina Holdings Pty Ltd to Council be accepted and the Memorandum of Transfer be completed under Seal of Council. The Memorandum of Transfer notes that Council would be taking a transfer of the land which they would hold in trustee for the Toormina Preschool Association. The land was formally transferred to Council on 1 September 1975.

At its Ordinary Meeting of 20 October 1975 Council resolved that the declaration of trust regarding the transfer of Lot 2 DP 579023 from Toormina Holdings Pty Ltd to Council, be completed under Seal. The declaration of trust was executed by Council on 23 October 1975. Despite the declaration of trust stating that the Toormina Preschool Kindergarten Limited was a company at that time, the preschool did not become a company until 9 December 1975. The preschool later became an incorporated association (Toormina Community Preschool Incorporated) in December 1991.

The intention of the Declaration of Trust was for Toormina Community Preschool Incorporated to direct Council to formally transfer the land to the ownership of Toormina Community Preschool Incorporated, which would have enabled the land to be subsequently reclassified as operational land. However, Council’s records indicate that Toormina Community Preschool Incorporated did not take that course of action at that time.

The land was therefore incorrectly classified as community land upon the introduction of the Local Government Act 1993. This classification is inconsistent with the intention of the Declaration of Trust. This situation has become problematic in that due to its classification as community land, Toormina Community Preschool Incorporated is unable to secure bank loans and undertake other actions which allow it to manage its operations autonomously from Council. To correct this situation, it is necessary to reclassify the land from community land to operational land under the Local Government Act 1993 with the ultimate aim being for Council to formally transfer the land to the ownership of Toormina Community Preschool Incorporated.

The most appropriate means to reclassify public land is by an amendment to Schedule 4 of Council’s LEP under the Environmental Planning and Assessment (EP&A) Act 1979, which must be done by resolution of Council.

On the 25 July 2018, the Minister for Planning, determined under section 3.34(2) of the Environmental Planning and Assessment Act 1979 to issue a Gateway Determination so that the proposed amendment can proceed. On the 29 August 2018, the Minister for Planning issued an Alteration of Gateway Determination and authorised Coffs Harbour City Council to exercise its delegation to make this Plan (as amended).In accordance with the Minister’s determinations and Council’s resolution, the Planning Proposal is now publicly available for Community Consultation.