Proposed Land Swap between Neutral Bay Club and North Sydney Council (Ilbery Park Reserve)

Share Proposed Land Swap between Neutral Bay Club and North Sydney Council (Ilbery Park Reserve) on Facebook Share Proposed Land Swap between Neutral Bay Club and North Sydney Council (Ilbery Park Reserve) on Twitter Share Proposed Land Swap between Neutral Bay Club and North Sydney Council (Ilbery Park Reserve) on Linkedin Email Proposed Land Swap between Neutral Bay Club and North Sydney Council (Ilbery Park Reserve) link

Consultation has concluded

UPDATE 20 JULY 2021

At its meeting on 28 June 2021, Council considered the post-exhibition report (available in the Document Library) and resolved:

1. THAT Council resolve to formalise the land lease swap between Neutral Bay Club and North Sydney Council, subject to the following:

  1. That the leases commence on 1 September 2021 for a period of five years.
  2. That at the end of the lease period, Council re-assess the issues raised by the submitters with regards to patron behaviour and noise to assess compliance performance with appropriate standards and requirements.

2. THAT the North Sydney Police, NSW Office of Liquor and Gaming and the Neutral Bay Club be advised of the submissions identifying poor patron behavior and noise complaints and be requested to undertake the necessary action to ensure adherence of the Clubs activities with relevant Liquor Licensing conditions for the premises and existing noise control requirements.

Submissions closed 5pm Monday 1 June 2021.

NOTICE OF INTENTION TO ENTER INTO A LEASE RELATING TO TWO (2) PARCELS OF LAND OWNED RESPECTIVELY BY NORTH SYDNEY COUNCIL AND THE NEUTRAL BAY CLUB

North Sydney Council land proposed to be leased to Neutral Bay Club - (Part of Lot 1 in Deposited Plan 69162).

Background

In 2020, Council was approached by the Neutral Bay Club to lease approximately 50m² of Ilbery Park Reserve. The area of the proposed lease is located below the existing timber retaining wall at the southern end of the park and cannot be effectively used by Ilbery Park because of its irregular ground levels. Refer to the Figure 1 below and the Blue edged area in Figure 3.

Figure 1: Council land proposed to be leased to Neutral Bay Club

Objectives of the Club

Neutral Bay Club is a not-for-profit organisation and their constitution provides that their objective is: “to promote and encourage sport and games, especially tennis and bowls, but also other games, amusements and entertainments to better ensure healthy recreation and social intercourse and good fellowship in such a manner and to such an extent as the Club may deem expedient”.

Purpose for leasing Council Land

The primary purpose for the club approaching Council with the lease proposal was to set up temporary shade structures for players using the bowling greens and tennis courts and for their outdoor recreational events.

Area of Land to be leased

50m² - The land is approximately 2 metres wide by 25 metres in length.

Neutral Bay Club Land proposed to be leased by Council - (Part of Lot 22 in DP 1148486)

During discussions in relation to the above proposal, Council identified a section of the Club’s land, which formed part of their Anderson Street rear pedestrian access and which adjoined the south eastern corner of Ilbery Park Reserve, to be at a grade with the Park. Council found that if leased from the Club, it would increase the useable space of Ilbery Park by 45m².

Council Resolution in relation to the Land Swap

Council, therefore, after considering the benefits of both parties achieving their objectives, resolved on 22 February 2021:

1. THAT Council proceeds with the required process of progressing a lease for a period of less than five years with the Neutral Bay Club for the identified 50m² of Ilbery Reserve Community land that is located at the base of the Council retaining wall.
2. THAT on completion of the required consultation process a further report be provided identifying any public submissions received by Council for consideration and determination.
3. THAT Council enters into an agreement to lease for a period of less than five years from the Neutral Bay Club the identified 45m2 of the Neutral Bay Clubs property that fronts Anderson Street to be used as an extension of Ilbery Reserve.

The full report is available in the document library.

Figure 2: Neutral Bay Club land proposed to be leased to North Sydney Council

Requirements of the Local Government Act 1993 in relation to Community Land

Ilbery Park is classified as Community Land and zoned RE1 Public Recreation in accordance with North Sydney Council’s Local Environmental Plan. It is regulated by Sections 46 and 47 of the Local Government Act 1993 and is subject to strict controls. A detailed explanation of Council’s key objectives for this site and its relation to the Neighbourhood Parks Plan of Management can be found in the document library.

Therefore, Council in accordance with Section 47A of the Local Government Act 1993 is required to give public notice of the proposal for 28 days during which time submissions will be received.

Note: The details of the proposal which are outlined in the Statutory Advertisement below, relate only to the leasing of a portion of Ilbery Park, as required by Section 47A of the Local Government Act 1993 in relation to Council’s Community Land.

STATUTORY ADVERTISEMENT

In pursuance of Section 47A of the Local Government Act 1993, it is notified that North Sydney Council intends, at the expiration of 28 days after the date of publication of this notice, to grant an exclusive lease to the tenant, specified in Schedule 1, in respect of the land specified in Schedule 2, and for the term and purpose specified in Schedule 3.

SCHEDULE 1

Neutral Bay Club

SCHEDULE 2

Exclusive Lease over Part Lot 1 in Deposited Plan 69162 being part of approximately 50m² on the map ( available in the Document Library)

SCHEDULE 3

Term: 5 years - for the purposes of setting up temporary shade structures for players using the bowling green and tennis courts and for their outdoor recreational events.

Figure 3: Proposed areas to be leased (can be downloaded from Document Library)

If you have any further enquiries, contact Council’s Property Officer on 9936 8214 or 0422 098 984.

UPDATE 20 JULY 2021

At its meeting on 28 June 2021, Council considered the post-exhibition report (available in the Document Library) and resolved:

1. THAT Council resolve to formalise the land lease swap between Neutral Bay Club and North Sydney Council, subject to the following:

  1. That the leases commence on 1 September 2021 for a period of five years.
  2. That at the end of the lease period, Council re-assess the issues raised by the submitters with regards to patron behaviour and noise to assess compliance performance with appropriate standards and requirements.

2. THAT the North Sydney Police, NSW Office of Liquor and Gaming and the Neutral Bay Club be advised of the submissions identifying poor patron behavior and noise complaints and be requested to undertake the necessary action to ensure adherence of the Clubs activities with relevant Liquor Licensing conditions for the premises and existing noise control requirements.

Submissions closed 5pm Monday 1 June 2021.

NOTICE OF INTENTION TO ENTER INTO A LEASE RELATING TO TWO (2) PARCELS OF LAND OWNED RESPECTIVELY BY NORTH SYDNEY COUNCIL AND THE NEUTRAL BAY CLUB

North Sydney Council land proposed to be leased to Neutral Bay Club - (Part of Lot 1 in Deposited Plan 69162).

Background

In 2020, Council was approached by the Neutral Bay Club to lease approximately 50m² of Ilbery Park Reserve. The area of the proposed lease is located below the existing timber retaining wall at the southern end of the park and cannot be effectively used by Ilbery Park because of its irregular ground levels. Refer to the Figure 1 below and the Blue edged area in Figure 3.

Figure 1: Council land proposed to be leased to Neutral Bay Club

Objectives of the Club

Neutral Bay Club is a not-for-profit organisation and their constitution provides that their objective is: “to promote and encourage sport and games, especially tennis and bowls, but also other games, amusements and entertainments to better ensure healthy recreation and social intercourse and good fellowship in such a manner and to such an extent as the Club may deem expedient”.

Purpose for leasing Council Land

The primary purpose for the club approaching Council with the lease proposal was to set up temporary shade structures for players using the bowling greens and tennis courts and for their outdoor recreational events.

Area of Land to be leased

50m² - The land is approximately 2 metres wide by 25 metres in length.

Neutral Bay Club Land proposed to be leased by Council - (Part of Lot 22 in DP 1148486)

During discussions in relation to the above proposal, Council identified a section of the Club’s land, which formed part of their Anderson Street rear pedestrian access and which adjoined the south eastern corner of Ilbery Park Reserve, to be at a grade with the Park. Council found that if leased from the Club, it would increase the useable space of Ilbery Park by 45m².

Council Resolution in relation to the Land Swap

Council, therefore, after considering the benefits of both parties achieving their objectives, resolved on 22 February 2021:

1. THAT Council proceeds with the required process of progressing a lease for a period of less than five years with the Neutral Bay Club for the identified 50m² of Ilbery Reserve Community land that is located at the base of the Council retaining wall.
2. THAT on completion of the required consultation process a further report be provided identifying any public submissions received by Council for consideration and determination.
3. THAT Council enters into an agreement to lease for a period of less than five years from the Neutral Bay Club the identified 45m2 of the Neutral Bay Clubs property that fronts Anderson Street to be used as an extension of Ilbery Reserve.

The full report is available in the document library.

Figure 2: Neutral Bay Club land proposed to be leased to North Sydney Council

Requirements of the Local Government Act 1993 in relation to Community Land

Ilbery Park is classified as Community Land and zoned RE1 Public Recreation in accordance with North Sydney Council’s Local Environmental Plan. It is regulated by Sections 46 and 47 of the Local Government Act 1993 and is subject to strict controls. A detailed explanation of Council’s key objectives for this site and its relation to the Neighbourhood Parks Plan of Management can be found in the document library.

Therefore, Council in accordance with Section 47A of the Local Government Act 1993 is required to give public notice of the proposal for 28 days during which time submissions will be received.

Note: The details of the proposal which are outlined in the Statutory Advertisement below, relate only to the leasing of a portion of Ilbery Park, as required by Section 47A of the Local Government Act 1993 in relation to Council’s Community Land.

STATUTORY ADVERTISEMENT

In pursuance of Section 47A of the Local Government Act 1993, it is notified that North Sydney Council intends, at the expiration of 28 days after the date of publication of this notice, to grant an exclusive lease to the tenant, specified in Schedule 1, in respect of the land specified in Schedule 2, and for the term and purpose specified in Schedule 3.

SCHEDULE 1

Neutral Bay Club

SCHEDULE 2

Exclusive Lease over Part Lot 1 in Deposited Plan 69162 being part of approximately 50m² on the map ( available in the Document Library)

SCHEDULE 3

Term: 5 years - for the purposes of setting up temporary shade structures for players using the bowling green and tennis courts and for their outdoor recreational events.

Figure 3: Proposed areas to be leased (can be downloaded from Document Library)

If you have any further enquiries, contact Council’s Property Officer on 9936 8214 or 0422 098 984.