Proposed sale of a portion of Kimberley Reserve, Modbury North

Council decision/outcomes

During the consultation period a total of 64 responses were received. Of these responses, 28% (18 people) were in support of the proposal, 67% (43 people) were opposed and 5% (3 people) were neutral.

At its meeting on Tuesday 28 November 2023, Council considered the feedback received from the community and made the decision to seek approval from the Minister for Local Government to revoke (or change) the community land classification for the portion of the land at 6-8 Kimberley Avenue, Modbury North, with the intention to sell this land to Oasis (Modbury North) Pty Ltd.

Council also resolved that should the sale of the portion of land proceed:

• Funds from the sale of the subject land will be allocated for upgrades and improvements to Kimberley Reserve including the construction of indented carparks in the local area.
• Council’s CEO be authorised to enter into a Land Management Agreement (or similar agreement) with the developer to limit the number of dwellings to a maximum of five (5).

Concerns raised about the proposal, including the loss of green space, potential traffic and parking impacts and loss of character in the area from two-storey dwellings were noted. Responses to these concerns are on page 290 in Attachment 5 to the report to Council which is available on at the website link below.

Council acknowledged the sentiment of the community feedback. After a lengthy debate regarding the issues raised, Council considered that, on balance, the benefits to the wider community warranted proceeding with the proposal by Oasis (Modbury North) Pty Ltd.

The next steps are for Oasis (Modbury North) Pty Ltd to advise of its acceptance or otherwise of the purchase price of $315,000 for the land as valued by McGees Property Valuers, following which Council will seek the Minister’s approval to revoke the community land classification.

Read the community engagement outcomes report

Read the Council report (Council Meeting - Notice, Agenda & Reports - 28 November 2023 - see pages 203-326)

Read the Council Meeting minutes - 28 November 2023

Background

Council has received a request (unsolicited proposal) from Oasis (Modbury North) Pty Ltd to purchase a portion of Kimberley Reserve, Modbury North.

The portion of land proposed for sale is approximately 533 square metres (approx. 10% of the total reserve area) and located to the east of the main area of reserve (see aerial map to the right or more detailed aerial map). It is proposed Oasis (Modbury North) Pty Ltd would amalgamate it with a portion of land they already own to the north at 285-289 Milne Road.

Combining both parcels of land will provide a total of around 2,000 square metres which is proposed to be developed for low-density housing (5-7 houses, maximum two storeys), with frontage to Kimberley Avenue. The remainder of the land at 285-289 Milne Road has planning approval for the development of a childcare centre for up to 120 children.

Council would use the proceeds of a sale of the subject land to improve the remainder of Kimberley Reserve and for upgrades/improvements in the local area.

More information about the implementation effects of the proposal can be found in the Report for Consultation (Section 194) available here

As this portion of Kimberley Reserve is classified as Community Land, the Community Land Classification of this portion of the reserve needs to be revoked (changed) before any sale or purchase can occur. The Community Land Management Plan (CLMP) for Modbury North, in which Kimberley Reserve is listed, would also need to be amended to reduce the size of Kimberley Reserve, should the proposal proceed. A draft CLMP is available to view

For more information please refer to the Information Sheet and the aerial map showing the proposed land for sale.

To get involved and have your say:

• Register here (if you haven't already, otherwise you can sign in when prompted)
• Provide feedback by completing the online feedback form
• Have a question? Ask us here

All feedback received will be presented to Council for its consideration before any further decisions are made about this project.

If you need assistance to participate in this consultation, please call us on 8397 7444 or send us a message