Proposed sale of a portion of Carruthers West Plantation, Modbury North

Council is inviting the community to provide feedback about the proposed sale and change of community land classification for a portion of reserve land in Modbury North to address an encroachment issue.

Background

Council has received a request from an adjacent property owner to purchase a small portion of Carruthers West Plantation in Modbury North.

Carruthers West Plantation (the Reserve) extends from Carruthers Drive through to the road verge for McIntyre Road. It forms a buffer between a strip of commercial buildings on Milne Road and residential housing to the south and has a total area of 5,523 square metres.

In mid-2024 the owner of 93 Carruthers Drive Modbury (land owner) applied for development approval to build a shed at the rear of their property (allotment). As part of the application process it was noticed that part of the proposed shed would encroach on Council land, although it was within the fenced area of the allotment. In the application the land owner advised that the rear fence was in place when they purchased the property in 1994. The oldest available aerial maps available to Council show the fence in the current position at least from 2002.

A land survey commissioned by the land owner identified the true boundary of the allotment and Council’s boundary and that the fence at the rear of the allotment is on Council land (see aerial images/maps to the right).

The land owner has submitted an application to purchase the encroached Council land, approximately 96m² (representing approx. 1.7% of the total area of the Reserve). This would remove the encroachment and allow the construction of the shed to proceed.

If the sale of the portion of the reserve land was to go ahead, an independent property valuation by a Certified Practising Valuer in South Australia would be obtained to determine the market value for the land. Proceeds from the sale of this land would be used for improvements/upgrades in the local area.

Key effects of this proposal include:

• Property boundaries would be accurately represented on property titles
• Council would gain some income from increase in rate revenue
• There would be no change to the function of the Reserve
• The encroachment on Council land would be resolved.

As Carruthers West Plantation is classified as “community land” under the Local Government Act 1999 the Minister for Local Government’s approval to revoke (change) the classification is required before any sale or land transfer can occur. The revocation process requires that Council must consult with the community before seeking Ministerial approval (subject to the outcomes of community consultation.

For more information please refer to the Information Sheet and aerial images.

More information about the effects of this proposal on the area can be found in the Report for Consultation (Section 194).

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 consideration before any further decisions are made about this proposal.

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