FAQs

The draft Plan is named 18/2024/6/1 – Reclassification of Council Land, Old Maitland Road Cessnock. The NSW Department of Planning, Housing and Infrastructure name for this proposal, as described on the NSW Planning Portal is: PP-2024-2550 Reclassification of Part Lot 312 DP 566724 Old Maitland Road Cessnock.

Part Lot 312 DP 566724, Old Maitland Road Cessnock.

The aim of the Planning Proposal is to reclassify the subject land from Community to Operational Land.

The Planning Proposal will result in the site being classified as Operational Land. The classification of operational land means the site can be sold by Council.

The Plan is a “draft” because it has not yet been formally made. After considering the views of interested persons, Council will decide whether or not to make the Plan.

Council has not been granted delegation from the Minister to make the Plan under the Environmental Planning and Assessment Act 1979 (‘The Act’) as the NSW Governor’s approval will be required for the proposed extinguishment of the public reserve status and any other interests. This means that after public exhibition Council will submit the proposal to the Department of Planning, Housing and Infrastructure to make the Plan.

The Local Government Act 1993 requires that all council-owned land be classified as either ‘Community’ land or ‘Operational’ land.

Community Land – is land Council makes available for use by the general public, such as parks, reserves and sports grounds. Community land cannot be sold, exchanged or otherwise disposed of by a Council. There are restrictions on the grant of leases and licences and the way Community land can be used. A plan of management, adopted by Council, is required for all Community land and details the specific uses and management of the land.

Operational Land – has no special restrictions and may be managed as private land which may not be made available to the public.

The planning proposal will facilitate the sale of land that has been identified as surplus to Council needs and has no known community purpose. This will reduce the maintenance burden on Council and assists the continued and improved use of recreation facilities that are important to the local community. Council has entered into a Deed of Agreement with Land Specialists Estates NSW PTY LTD (Land Specialists), whereby it has agreed to make the subject land available for purchase by Land Specialists. This Deed requires the reclassification of the subject land from Community to Operational land as a prerequisite to sale. Land Specialists intends to undertake residential subdivision on the adjacent land to the north and requires secondary access via the subject land.

A public hearing is required to be held when public land is being reclassified from community to operational land under Section 29 of the Local Government Act 1993.   A public hearing gives the community an opportunity to expand on written submissions and to discuss issues with an independent person in a public forum.   Following completion of the public exhibition period, Council will provide a minimum of 21 days public notice of the date on which the public hearing will be held.

Submissions are balanced with Council’s statutory obligations, the rights of the proponent and the public interest. Council must consider any submissions made before it decides whether to proceed with or abandon the proposal.