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Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities
1
Generic Plan of Management for Community Land Categorised as
General Community Use – Child Care Facilities
Date of Adoption: 2/11/2011 MOTION NO: 1798
Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities
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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
Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities
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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.
Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities
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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”.
Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities
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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.
Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities
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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
Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities
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Appendix 2 – Location Plan – Aberdare Pre School
Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities
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Appendix 3 – Location Plan – Bellbird Pre School
Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities
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Appendix 4 – Location Plan – Branxton Pre School
Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities
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Appendix 5 – Location Plan – Cessnock Multipurpose Children’s Centre
Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities
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Appendix 6 – Location Plan – Kurri Early Childhood Centre
Generic Plan of Management for Community Land categorised as General Community Use – Child Care Facilities
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Appendix 7 – Location Plan – Weston Pre School