Port Macquarie-Hastings Council was referenced in an ABC Four Corners program on Monday that investigated the local property interests of former Labor Minister, Eddie Obeid and his family.
Specifically, the program investigated developments in our region including the proposed sale of a parcel of land by Port Macquarie-Hastings Council to Pacific Drive Pty Ltd.
The parcel of land fronting 10-16 Pacific Drive comprises 1600 sq metres that had originally been identified for future road widening of Pacific Drive.
In 2017, it was determined that the land was not required for the purposes of the road widening. Councillors subsequently resolved to enter into a negotiation for its sale with adjoining property owners.
The decision to sell the land was considered by Councillors at the 15 March 2017 Ordinary Meeting of Council as a confidential item in accordance with Section 10A of the Local Government Act, 1993.
The minutes of this meeting can be accessed here, and below.
Council resolved to close this item to the public as the report contained information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
It is usual for commercial decisions to be made in a Closed Meeting of Council, rather than an Open Meeting of Council and the resolution from that part of the meeting to be made public.
It is also usual for Council to sell surplus land to adjoining owners, especially if the land is no longer required for its original purpose.
The resolution to sell the land to neighbouring properties was recognised as an appropriate proposition, as it did not have any other suitable use.
It was considered appropriate as Council would no longer be required to maintain the land, and income from the sale would deliver public benefit.
Because the land was to be sold by Council, we have removed any conflict by referring the subject development for assessment to an independent third party.
This independent assessor will prepare a report, either recommending approval or refusal of the development application, which will be presented to the NSW Northern Regional Planning Panel for determination.
March 2017 Council resolution
Item 15.02 Proposed Road Closure – Part Pacific Drive North of Home Street, Port Macquarie
This item is considered confidential under Section 10A(2)(c) of the Local Government Act 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
RECOMMENDATION
That Council:
1. Note the receipt of correspondence from Lands Advisory Services Pty Ltd dated 14 March 2017.
2. In accordance with the Roads Act 1993, undertake community engagement and notify statutory authorities of Council’s intention to close part of Pacific Drive, north of Home Street, Port Macquarie as detailed in the body of the Proposed Road Closure – Part Pacific Drive North of Home Street, Port Macquarie report.
3. Subject to no submissions, by way of objection, being received to the proposed road closing, make application to the Department of Industry – Lands to close part of Pacific Drive, north of Home Street, Port Macquarie as detailed in the body of the Proposed Road Closure – Part Pacific Drive North of Home Street, Port Macquarie report.
4. Subject to the road closure process request the Department of Industries – Lands vest the closed road in Council as operational land.
5. Subject to the road closure process and Resolutions 2-4 above:
(a) delegate authority to the General Manager to enter into direct negotiations with adjoining landowners for sale of the land, noting that this represents the best value option for Council in disposing of this land,
(b) note that the direct negotiations referred to in 5(a) are to ensure that all costs are to be paid by the adjoining landowners and that the sale price is to be based on terms no less favourable than the market value as determined by Council’s consultant valuer at the date of publication of a Notice of Road Closure in the NSW Government Gazette.
6. Subject to Resolutions 2-5 above delegate authority to the General Manager to:
(a) sign the Land Titles Office Request Form and Land and Property Information Transfer Form;
(b) sign the Plan of Road Closure and First Title Creation;
(c) sign the Contracts for Sale.
