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Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities

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Generic Plan of Management for Community Land Categorised as

General Community Use – Child Care Facilities

Date of Adoption: 2/11/2011 MOTION NO: 1798


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Table of Contents Introduction............................................................................................................... 3 Structure of this Plan of Management........................................................................ 4 Land Covered by this Plan......................................................................................... 4 Category and Classification of the Land .................................................................... 4 Owner of the land...................................................................................................... 5 Aim........................................................................................................................... 5 Objectives ................................................................................................................. 5 Future Use and Development of the Land.................................................................. 5 Management and Maintenance of Facilities ............................................................... 6 Appendix 1 - Community Land categorised as “general community use” – child care facilities .................................................................................................................... 8 Appendix 2 – Location Plan – Aberdare Pre School .................................................. 9 Appendix 3 – Location Plan – Bellbird Pre School .................................................. 10 Appendix 4 – Location Plan – Branxton Pre School ................................................ 11 Appendix 5 – Location Plan – Cessnock Multipurpose Children’s Centre................ 12 Appendix 6 – Location Plan – Kurri Early Childhood Centre .................................. 13 Appendix 7 – Location Plan – Weston Pre School ................................................... 14


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Introduction

The Local Government Act 1993 states that all public land must be classified as

either “community” land or “operational” land. Public land means any land vested in

or under the control of the council, (but does not include; a public road, land to which

the Crown Lands Act 1989 applies, a common, land subject to the Trustees of

Schools of Arts Enabling Act 1902 or a regional park under the National Parks and

Wildlife Act 1974 )

The main effect of classification is to restrict the alienation and use of the land.

Operational land has no special restrictions other than those that may apply to any

piece of land.

Community land is different. Classification as “community” land reflects the

importance of the land to the community because of its use or special features.

Generally, it is land intended for public access and use, or where other restrictions

applying to the land create some obligation to maintain public access (such as a trust

deed, or dedication under section 94 of the Environmental Planning and Assessment

Act 1979). This gives rise to the restrictions in the Act, intended to preserve the

qualities of the land. Community land:

• cannot be sold

• cannot be leased, licensed or any other estate granted over the land for more

than 21 years

• must have a plan of management prepared for it.

Public land is initially classified by one of the following means:

1. by resolution of council, prior to or when the land is acquired; or

2. by a Local Environmental Plan (“LEP”) prepared under the EP&A Act 1979; or

3. by operation of the Local Government Act –

a. applies to certain land controlled by council at 1 July 1993, or

b. where council has since acquired land and there is no resolution to classify

the land.


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Structure of this Plan of Management

This Plan of Management has been prepared by Cessnock City Council for

community land categorised as general community use and specifically child care

facilities.

This document provides a clear framework for the future management of this land

and will enable Council to produce a consistent and effective set of guidelines which

will govern its management.

This Plan of Management contains objectives and performance targets for the

management of the land and specifies the means of achieving these objectives and

performance targets. The achievements of the objectives and performance targets

will be reviewed quarterly and annually during the budget process to assess

implementation and performance and will be fully reviewed after five years to allow

policy and planning issues to be updated.

This Plan of Management is an interim Plan to be reviewed in 12 months time.

Land Covered by this Plan

This Plan of Management applies to all Council owned community land categorised

as “general community use” and specifically “child care facilities” and are listed in the

Schedule Appendix 1. This schedule may be added to or changed over time in

accordance with the Local Government Act 1993 and amendments.

Category and Classification of the Land

All the pieces of land covered by this plan are categorised as “general community

use”.

Clause 106 of the Local Government (General) Regulation 2005 sets out guidelines

for the categorisation of land as general community use.

“Land should be categorised as general community use under section 36

of the Act if the land (a) may be made available for use for any purpose

for which community land may be used, whether by the public at large or

by specific sections of the public, and (b) is not required to be categorised

as a natural area under section 36A, 36B or 36C of the Act and does not

satisfy the guidelines under clauses 102-105 for the categorisation as a

natural area, a sportsground, a park or an area of cultural significance”.


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Owner of the land

All the pieces of land covered by this plan are owned by Cessnock City Council.

Aim

The aim of this generic Plan of Management is to comply with legislative

requirements (Local Government Act, 1993, and Regulations) and to provide

guidelines for the effective use and management of Councils community land

categorised as “general community use” and specifically child care facilities.

Objectives

The core objectives for management of community land categorised as general

community use are to promote, encourage and provide for the use of the land, and to

provide facilities on the land, to meet the current and future needs of the local

community and of the wider public:

(a) in relation to public recreation and the physical, cultural, social and intellectual

welfare or development of individual members of the public, and

(b) in relation to purposes for which a lease, licence or other estate may be granted

in respect of the land (other than the provision of public utilities and works associated

with or ancillary to public utilities).

Future Use and Development of the Land

All the pieces of land covered by this plan will be used in the future for general

community use and specifically child care facilities. Further, this Plan of

Management expressly authorises the following:-

• structural works either for improvements to operational effectiveness or safety

purposes;

• general building and maintenance works;

• easements over the land for the purpose of providing pipes, conduit or other

connections to existing water, sewer, drainage, gas, telecommunications or

electricity facility; and

• Leasing, licensing or granting of any other estate over the land and any

buildings in accordance with the Local Government Act 1993 for purposes as

determined by the Council.


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Management and Maintenance of Facilities

Historically, Cessnock City Council has entered into Agreements (lease or licence)

with community based, not for profit child care centre organisations for the provision

and management of child care services. Council provides land, structural

maintenance of the buildings and a range of other assistance towards the

development of the site. The community based child care centre organisations are

responsible for the day to day costs associated with the management of the facility,

payment of annual rental, rates, building maintenance, insurance and all outgoings.

The land is managed according to the objectives and methods set out below:-

Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities 7

Management and Maintenance

Management Issues Objectives Performance Targets Means of achievement of objectives

Manner of assessment of performance

Structural maintenance To maintain the structural integrity of the building by Council

The facilities are maintained in accordance with the asset management plan.

Maintenance to the facilities is carried out in accordance with the asset management plan. i.e., painting and roof replacement as required.

Regular inspections are carried out in accordance with the asset management plan.

Management of the facility by community based not for profit child care organisations

Agreement (lease or licence) executed in accordance with the Property Management Plan

Consultation and negotiations with community based not for profit child care organisations

Assessed through Councils Customer Request Management System.

Satisfactory maintenance of the facilities by the Lessee/Licensee

The facilities are maintained in accordance with the requirements of the Lease/Licence

Queries, requests and complaints are recorded and referred to the relevant party in a timely manner.

Complaints and requests are recorded via Councils internal Customer Request Management System and acted on in a timely manner.

Management arrangements

Financial reports for activities occurring in regard to the land.

Financial reports completed and submitted to Council by the Lessee/Licensee as required under the Lease/Licence.

Lease/Licence documents clearly set out the requirements for reporting.

Information provided within financial reports and review undertaken annually.

Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities 8

Appendix 1 - Community Land categorised as “general community use” – child care facilities

ID NO COMMON NAME OF

PROPERTY

STREET

ADDRESS

TOWN LOT/DP PARCEL NO PRIMARY

CATEGORY

1 Aberdare Preschool 58 Cessnock

Street

ABERDARE 19/46/758002

20/46/758002

895, 893 General

Community use

2 Bellbird Preschool 19 Kalingo Street BELLBIRD 21/F/6264

22/F/6264

23/F/6264

6550

6549

6548

General

Community use

3 Branxton Preschool 35 John Street BRANXTON 1/1137953

2/1137953

11702

11505

General

Community use

4 Cessnock

Multipurpose

Children’s Centre

3-7 Dudley Street CESSNOCK 10/6/6102

9/6/6102

1/307800

4841

4842

4843

General

Community use

5 Kurri Early Childhood

Centre

111 Lang St KURRI KURRI Part Lot 7 DP

1140055

507711 General

Community use

6 Weston Preschool 22 Scott Street WESTON 2/D/6814

1/D/6814

10778

10779

General

Community use


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Appendix 2 – Location Plan – Aberdare Pre School


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Appendix 3 – Location Plan – Bellbird Pre School


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Appendix 4 – Location Plan – Branxton Pre School


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Appendix 5 – Location Plan – Cessnock Multipurpose Children’s Centre


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Appendix 6 – Location Plan – Kurri Early Childhood Centre


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Appendix 7 – Location Plan – Weston Pre School

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