Ordinary Council Meeting - Hastings Council - NSW Government

PORT MACQUARIE-HASTINGS COUNCIL
Social
Meeting Date: 16/02/2011 - Social
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Item 07
Subject COUNCIL LAND AT 8 BELAH ROAD, PORT MACQUARIE
Director TONY LEAHY (CBS)
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A report for the making of an Order to release restrictions on title of Council land situated at 8
Belah Road, Port Macquarie.
RECOMMENDATION
1. That Council in its capacity as a Prescribed Authority pursuant to the provisions
of Section 88D(12) of the Conveyancing Act 1919 hereby orders that the restrictions
on the use of land numbered 2 to 8 inclusive as detailed in the Second Schedule of
the title to Lots 101 and 102 Deposited Plan 1156964 be released.
2. That the General Manager be delegated authority to sign the Land and Property
Information "Release or Extinguishment of Restriction on the use of Land" form.
Discussion
Council at its meeting of 24 September 2008 considered a report on the acquisition of land in
Belah Road for the purposes of flood mitigation. A copy of the report is linked here.
Subsequently, the land was acquired and the flood mitigation works involving the widening of
drainage channel were completed. The widening necessitated the demolition of the buildings
on the land that Council acquired.
As discussed in the Council report of 24 September 2008, the acquired land has been
subdivided into two allotments with the intent to auction the vacant land not required for flood
mitigation purposes. Lot 101 Deposited Plan 1156964 represents the land to be held for flood
mitigation purposes whilst Lot 102 Deposited Plan 1156964 represents the land to the disposed
by public auction. It is intended that the auction be conducted during March 2011.
The title Deeds to Lots 101 and 102 contain a number of notations that restrict the use of the
land. The restrictions were originally imposed by Council from the early 1970's when Council
owned a considerable amount of land in what is now the Port Macquarie Industrial Area. The
restrictions pertain to matters such as future subdivision, caretaker residence, type of building
permitted, fencing and others. With the passing of the decades since the 1970's, the
restrictions are no longer considered either necessary or practical, but none the less the
restrictions remain on the title Deeds until specific action is taken to remove them.
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