Who currently owns this land?
The City of Nedlands currently owns the land freehold. It was given to City from the State many years ago but with a condition it should be used for the purpose of building homes for the aged. This condition is present on the current certificate of title.
The State has the power to take the land back from the City, especially given it is not being used for the purpose for which it was granted.
Why were homes for the aged never built?
The City did start to progress plans for building homes for the aged back in the ‘90s, however this received opposition from the community and never went ahead. Since then, the land has been managed for conservation and provides a popular linking pathway through Sayer Street to Wood Street.
The City gazetted a change to Town Planning Scheme 2 to reflect this use and changed the zoning from residential to recreation.
Why is the City trying to give up freehold land to the State and make it Crown land?
The City has listened to the concerns and issues raised by the community and developed a proposal to try and achieve what the community is asking for.
A combination of events happened in 2017 that have resulted in the land tenure for Lot 353 being revisited with a view to properly resolving it. The Department of Planning, Lands and Heritage contacted the City with a proposal to acquire the land and subdivide it. This proposal included the State selling a portion off for development and the remainder being incorporated into the neighbouring Allen Park Reserve.
Secondly, the City developed a master plan as the future guiding document for Allen Park and received numerous public submissions relating to resolving the outstanding land tenure issues. Giving up the freehold land to the State and making it A-class crown reserve land will resolve the land tenure and protect the land for continued recreational use.
How does this relate to the Allen Park Master Plan?
Resolving the land tenure was raised as a key concern during the community engagement activities as part of developing the Allen Park Master Plan.
More information relating to the Allen Park Master Plan can be found on Your Voice Nedlands.
Will Council be making any decisions?
A report will be prepared for Council at the conclusion of this engagement period. It will look at whether to proceed with a formal request to the Minister to acquire the land for the purpose of making it an A-class reserve.
Council has already provided in-principle support to proceed to the current stage by endorsing the Allen Park Master Plan in December 2017.
What will the outcome be then if the City is successful?
If the proposed request is successful, the entire lot will be incorporated into neighbouring A-class reserve and be protected in the future for the use of recreation and conservation by the public.
What is an A-Class Reserve?
A-class reserves forever remain dedicated to the purpose declared, until an Act of Parliament otherwise amends the use. Class A is used when there is a perceived need for the highest form of protection, such as Kings Park or national parks.
Effectively, the lot will be protected to stay the same as it is now and the land tenure would be resolved.
The State proposed to subdivide the land and sell off a portion – could that still happen?
Yes. The City can make a request to the Minister for all the land to become A-class crown reserve land but it is ultimately the Minister’s decision. The State has already expressed an interest in subdividing the land and selling off a portion and, should the Minister decide to progress such a proposal, it would be beyond the power of the City.
Can I make a submission to object to the request the City is making to the Minister?
Yes. If you object to the City proposing that Lot 353 become an A-class reserve land and stay as it now, you can complete the online submission form, clearly identifying you are making an objection. If you choose to make a submission by email or in writing instead, please make it very clear if you object or support the proposal.
A copy of your objection will be provided to the Minister for consideration.
Can I make a submission to support the request the City is making to the Minister?
Yes. Please complete the online submission form clearly identifying you are making a submission supporting the proposal. If you choose to make a submission by email or in writing instead, please make it very clear if you object or support the proposal.
Supporting the City’s proposal to make the request to the Minister means you believe the whole piece of land should become a public A-class reserve. This also means you do not support the State’s proposal for subdividing the land for part-sale and development.
You may have already put in a written submission relating to this land if you participated in the Allen Park Master Plan. If you did, we will use your submission when we make the request to the Minister – but you are welcome to make another submission if you wish.
Who can I write to or email to make a submission?
You can email Pollyanne Fisher at email@example.com, write to City of Nedlands, PO Box 9, Nedlands WA, 6909, or deliver your submission by hand to the City’s Administration building at 71 Stirling Highway, Nedlands WA, 6009.