Why is Council proposing to change the CLMP?

    Section 430 was previously owned by the Crown and was purchased by District Council of Yankalilla with the finalisation of the process completed in August 2020 with the creation of the new title.

    The aerial photo of Section 430 is illustrated below where it can be seen that the current uses of the land are used for the Tennis Courts, Caravan Park, components of the Beach Café and Surf Club, the Basin, Beach Toilets and Road:

    Council leases portion of the Land (and building) known as the “Normanville Beach Café” to external operators.

    Council also leases portion of the Land to the Normanville Surf Life Saving Club.

    The current leases (as above) are recognised in the current CLMP.

    Allotment 100 is subject to a trust to permit, suffer and to be used at all times as a reserve for café and surf life saving club purposes.

    The newly acquired title for Section 430, prior to the recent acquisition by the Council from the Crown, was under the care, control and management of the Council subject to a dedication for ‘Community Purposes’ and subject to a reservation that it be used at all times as a reserve for café and surf life saving club purposes.

    The CLMP requires alteration to recognise that the Council is now the owner of Lot 430 and that whilst the dedication imposed by the Crown is no longer relevant, it is appropriate to reflect the trust restrictions across the whole of the Land by way of amendments to the CLMP. 

    It is also opportune to further amend the CLMP to clarify that whilst the land is subject to the current leases, it may also be alienated by the Council by way of the grant of new leases/licences and/or the renewal of existing leases, including for business purposes, over Allotment 100 and Section 430 subject to such leases/licences being directly for or associated with café and surf life saving club uses, as currently stipulated in the CLMP.  

    Leases outside of café and surf life saving club footprint usage and any lease regardless of usage greater than five years would require a new round of consultation.

    What changes have been made to the CLMP?

    The Community Land Management Plan has been amended to;

    • reflect the Council’s ownership of Lot 430 throughout the document; and
    • apply the current trust restrictions of use as a reserve for café and life-saving club purposes (as per Allotment 100) over the whole of the Land; and
    • provide a general power to enter into and/or to renew leases or licences that are for the direct or the associated purposes of café or surf life saving club land uses; and
    • permit business uses consistent with these land uses. 

    Following Council’s purchase of Section 430, the Community Land Register and the following Community Land Management Plans have been updated with the current legal description. Although the update to the legal description does not impact on the interests of the community and do not need to be part of the public consultation, we have included them here so that the community can better understand all the changes that are being made to the Community Land Management Plans. These CLMP were;

    • Normanville Beach Tennis Courts
    • Jetty Caravan Park