What is community land?

Council owned land must be classified as either community land or operational land under the Local Government Act 1993.
 
Conditions that apply to community land are:

• community land cannot be sold
• cannot be leased, licensed or have any other estate granted over the land for more than 21 years
• a plan of management must be prepared or applied.

Operational land has no special management restrictions other than those that may apply to any piece of land such as zoning. Operational land does not require a plan of management.

When must a plan of management be prepared?

The Local Government Act 1993 requires that the use and management of community land be governed by a plan of management. A plan of management sets out goals and objectives for managing public or community land. It establishes where the land is, how it can be used, and how it must be cared for.

A plan of management for community land should identify the following:

• the category of land
• the objectives and performance targets with respect to the land,
• the means by which the council proposes to achieve the plans objectives and performance targets
• the manner in which the council proposes to assess its performance with respect to the plan’s objectives and performance targets.

What are the categories for community land?

All community land must be categorised in accordance with the Local Government Act 1993.

The categories are:

• park
• sportsground
• general community use
• area of cultural significance
• natural area

Land categorised as natural area is to be further categorised as one or more of the following:

• bushland
• wetland
• watercourse
• foreshore
• escarpment

A plan of management may be generic (ie covering more than one area of community land) or specific (covering one area only). Usually a generic plan of management would be prepared for one particular category of land – eg park or sportsground. A specific plan of management may apply to an area of heritage or intrinsic community value.

Community land must be managed in accordance with the core objectives for each of the categories of land as specified in the Local Government Act 1993 and in accordance with the adopted plan of management for that land.

In order to manage open space effectively, plans of management are frequently prepared for significant Crown reserves.
 
The way the land is to be used and managed is strictly governed by an adopted plan of management. The nature and use of community land may not change without an adopted plan of management.

Review of Council’s plans of management

Council is currently reviewing its plans of management with a view to updating current generic plans and creating new plans where required.

Council is required to give public notice of draft plans of management and exhibit for a period of at least 28 days. Submissions from interested parties will be accepted up to 42 days after the commencement of the public exhibition period.

Council must hold a public hearing in respect of a proposed plan of management (including a plan of management that amends another plan of management) if the proposed plan would have the effect of categorising, or altering the categorisation of community land.

Council can amend plans of management at any time by adopting a new plan. However, any significant amendment is regarded as another plan of management. The amended plan must be put on public exhibition with opportunities for submissions prior to adoption.

Council Plans of Management

The following plans of management have been prepared to guide the future use, development and management of Newcastle’s community land.

Generic Plans

• Neighbourhood Parks Plan of Management (2003)
• Sportslands Plan of Management (2003) 925.7 KB pdf
• General Community Use Plan of Management (2000)
• Heritage Places Strategic Plan and Plans of Management (2000) – link to current web page outlining all plans
• Natural Area – Bushland Plan of Management (2003) 2.3 MB pdf

Specific Plans

• Blackbutt Reserve Plan of Management 2012 (12.5mb)
• National Park (Amended 2010)
• Beresfield Golf Course (2007)
• The Foreshore (2000) 517.4 KB pdf
• Fort Scratchley (2008)
• Wallsend Brickworks (2001)
• Merewether Beach Reserves (2009) 4.2 MB pdf