Planning Proposal in respect of land at 73-75 Mann St Gosford

The objective of this Proposal is to reclassify the Site (Lot B DP 321076 and Lot 2 DP 543135) from community land to operational land.

Council no longer intends to locate community facilities on the Site. Following this process, Council’s intention is to sell the land. Council is unable to sell the land if it is not reclassified beforehand.

At the 30 November 2020 Council meeting, it was resolved to reclassify the Site (Lot B DP 321076 and Lot 2 DP 543135) from community to operational land and sell for not less than market value as determined by an independent valuer.

At the 22 March 2022 Council meeting it was resolved that:

1. That Council prepare a Planning Proposal to amend SEPP Gosford City Centre to enable the reclassification of Lot B DP 321076 and Lot 2 DP 543135 (73-75 Mann Street, Gosford) from community land to operational land. 
2. That Council submit the Planning Proposal to the Minister for Planning in accordance with Section 3.35(2) of the Environmental Planning and Assessment Act 1979, requesting a Gateway Determination, pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979.
3. That Council undertake public authority and community consultation in accordance with the Gateway Determination requirements. 
4. That Council conduct a public hearing consistent with the requirements of Section 29 of the Local Government Act 1993

The subject land was originally acquired in 2019 for the purpose of the then proposed Gosford Cultural Precinct (consisting of a

Regional Library and Regional Performing Arts Centre).
Upon acquisition by Council in 2019, the parcels of land were classified as community land.

On 25 September 2019, Council resolved to withdraw from any further work on the Gosford Cultural Precinct and proceed with a stand-alone Regional Library. 

The Regional Library will now be developed on the site of the Parkside Building in Gosford at 123A Donnison Street (Lot 100 DP 711850).

Council is reviewing plans for the Regional Performing Arts Centre (RPACC). The site for the RPACC will not be developed on any of the land previously identified for the Cultural Precinct and other locations are now being considered.

Lot B DP 321076 and Lot 2 DP 543135 (73-75 Mann Street Gosford) are owned by Central Coast Council.

The land was originally acquired in 2019 by private treaty for the purpose of building a Gosford Cultural Precinct.

The parcel was acquired by agreement under the framework of the Land Acquisition (Just Terms Compensation) Act.

In 2020 as part of a review of assets, Council determined the properties were surplus to its needs and is seeking to reclassify the land to “operational land” in order to facilitate its sale. It will not be possible to sell the site while it is classified as community land.

By disposing of land that is surplus to its needs Council will make it available to be repurposed or redeveloped by others with uses that contribute to the revitalisation of the Gosford City Centre.

The subject sites have been earmarked for inclusion in the TAFE NSW campus redevelopment and therefore the reclassification supports this.

Following its acquisition by Council, the subject land was classified as community land. Council has determined that this land is surplus and that it should be made available to be repurposed or redeveloped by others with uses that contribute to the revitalisation of the Gosford City Centre. 

As per Clause 45(1) of the LG Act, Council has no power to dispose of community land. Even if Council choses to lease the land, Clause 45 of the LG Act significantly restricts the range of uses for which a lease over community land might be granted, and the time period of such a lease. 

If the site remains as community land, most of the uses for which the buildings might be leased are not permissible under the provisions of Clause 45 of the LG Act. It is therefore recommended that Council reclassify the land to operational land.

The reclassification of the site to operational land will enable the potential sale of this site. Funds from the eventual sale of the land will enable Council to continue to deliver a range of social/community services and infrastructure to the community.

Reclassification of community land must follow the procedure described by the Department of Planning and Environment’s LEP Practice Note 16-001: Classification and reclassification of public land through a local environmental plan. 

The reclassification of land process requires the preparation of a Planning Proposal, community consultation as well holding a public hearing, using an independent facilitator.  

The purpose of a public hearing is to give interested people an opportunity to have their say on the proposed reclassification before a decision is made.

The Planning Proposal is then finalised for Council endorsement following consideration of any public submissions and issues raised during the public hearing.

1. The Planning Proposal is currently at the stage in the Local Environmental Plan Amendment Process shown in Diagram 1.

Diagram 1 – LEP Amendment/Rezoning Process

Planning proposals to reclassify public land are to be publicly exhibited for at least 28 days.

Council must also hold a public hearing when reclassifying public land from community to operational land. 

A public hearing is a community meeting that will be held at Council to enable members of the public to comment on the change of classification of the lands from community to operational. This is required under Division 1 (29) of the Local Government Act 1993 (Division 1 Classification and reclassification of public land part 29 Public Hearing into reclassification) Local Government Act 1993 No 30 - NSW Legislation

After the public exhibition period has ended for the Planning Proposal, at least 21 days public notice is to be given before the public hearing. There are specific requirements for an independent person to chair the hearing and prepare a public hearing report, and that Council make the report publicly available.

Council will consider the outcomes of the public exhibition process for the Planning Proposal and the public hearing in finalising the land reclassification.