FAQs

All land owned by a council or under a council’s care control and management, other than roads, is classified as community land, unless it was excluded from classification as prior to 31 December 2003. 

Excluded land is not subject to a community land management plan. Examples of Council owned land that are excluded from the community land classification include: Unley Civic Centre, Council Depot, Katherine Street Reserve, the Village Green and multiple Community Centres.

Council may revoke the classification of land as community land provided it follows the process set out in the Act and the relevant steps set out in its consultation policy.

Council is also able to exclude new land acquired from community land classification if it resolves to exclude the parcel(s) before it becomes local government land. 

Roads are not Community Land.

The Council has identified five different categories of community land across the City of Unley. Each type of land use has its own Community Land Management Plan (CLMP) which reflect the different purpose of each land type.

Within the City of Unley, the types of Community Land include:

• Sport and Recreation – such as ovals, tennis courts and other formal recreation.
• Parks and Gardens – such as small parks, playgrounds and other public spaces.
• Linear Parks – such as connected walkways and drainage corridors.
• Community Facilities – such as halls and community centres.
• Operational & Other Community Land – such as car parks and drainage reserves.

The Local Government Act 1999 (Section 196), requires that all Councils prepare and adopt Community Land Management Plans (CLMPs) for all Community Land located within their Council area if the land has been or is to be specially developed, modified or adapted for the benefit or enjoyment of the Community or the land is, or is to be, occupied under a lease or licence.

The Act specifies the content that CLMPs must:

• Identify the land to which it applies
• State the purpose for which it is held by the Council
• State the Council’s objectives, policies and proposals for the management of the land
• State performance targets and how the Council proposes to measure its performance against its objectives and performance targets (as far as is practicable)
• Be consistent with other relevant official plans and policies about conservation, development and use of the land.

The Community Facilities plan proposes that the purpose of this type of community land is to ensure a range of community services, activities and events are available in the City.

The Plan has 3 key Objectives:

1. To support community groups to deliver suitable services and activities that are well utilised and suitable for the requirements of the community.
2. To provide the community with use of the land for community services and activities through the grant of appropriate leases, licences and permits.
3. To support the Council-wide objective to protect and grow our urban forest across our City.

The Linear Park CLMP proposed that the purpose of this type of community land is to provide stormwater management across the City, integrated with accessible walking and cycling corridors.

The Plan has 3 key Objectives:

1. To provide infrastructure to the community to manage the Council’s stormwater network for flood risk mitigation.
2. To provide the community with safe and accessible corridors that are of high standard and suitable use for walking, cycling and other activities.
3. To support the Council-wide objective to protect and grow our urban forest across our City.

The Operational and Other Community Land CLMP proposes that the purpose of this type of community land is for the provision of Council’s operational needs including, but not limited to, stormwater management and urban design with a secondary environmental purpose for urban heat mitigation, air quality and biodiversity.

The Plan has 3 key Objectives:

1. To provide, deliver and maintain infrastructure to manage the Council’s stormwater network to mitigate against flood risk.
2. To provide, deliver and maintain Council owned infrastructure to meet community needs.
3. To support the Council-wide objective to protect and grow our urban forest across our City.

The Parks and Gardens CLMP proposes that the purpose of this type of community land is to provide open space for passive recreation and the opportunity to enhance, protect and reinvigorate the existing biodiversity and remnant vegetation.

The Plan has 4 key Objectives, including:

1. To support the use of open spaces through short term activities, such as festivals events and social gatherings and long-term use through the granting of leases, licences and permits.
2. To provide a range of community and recreation facilities that are well utilised and aligned to the size and availability of built and natural resources.
3. To support the Council-wide objective to protect and grow our urban forest across our City.
4. To protect biodiversity and native flora and fauna on the land.

The Sport and Recreation CLMP proposes that the purpose of this type of community land is to provide opportunities for sport and recreation and is suited to formal or informal user groups, including competitive matches and team training. 

The Plan has 5 key Objectives, including:

1. To support an active and healthy community through the provision of spaces and facilities that are well utilised for a diverse range of activities and suitable for use by all ages and abilities.
2. To provide a range of sport and recreation facilities and equipment that are of a high standard, suitable for use by the community and are well maintained.
3. Manage sport and recreation facilities to balance user groups (organised and non-organised) to maximise participation and community outcomes through the grant of appropriate leases, licences and permits.
4. To support the Council-wide objective to protect and grow our urban forest across our City.
5. To protect biodiversity and native flora and fauna on the land.

The Council has restructured the CLMPs to reflect contemporary industry standards that meet the requirements of Section 196 of the Act.

The Act allows a single CLMP to cover one or more separate holdings of Community Land where similar management regimes are employed, and comparable performance targets and measures are applicable.

The management requirements of individual parks are not so distinct as to require individual plans, beyond the distinction between ‘Sport and Recreation’ and ‘Parks and Gardens’.

The Council owns over 80 parcels of community land, and the consolidation into 5 categories is consider the most appropriate fit for purpose.

CLMPs are prepared in consultation with the community and provide high level guidance about the community’s expectations for the management of the land. Council must have regard to the contents of the CLMP when making management decisions. 

Each Plan must identify the land to which it applies and must state the purpose for which the land is held, as well as Council’s objectives, policies (if any) and proposals for the management of the land. 

They must contain performance targets (such as an objective or goal to be performed) and specify how Council proposes to measure its performance against its objectives and performance targets.

Each plan has tailored objectives relevant to the use and function of the land type, in accordance with relevant Council plans and policies. Each plan has established meaningful performance targets and methods for Council to measure performance against the stated objectives and targets.

CLMPs are required to list the various policies and proposals set by Council applicable to the management of the land.

Each CLMP acknowledges Council may choose to develop integrated master plans or improvement plans to ensure community land continues to meet the changing needs of the community, as well as to introduce new features in anticipation of future demands.

CLMPs are required to include objectives relating to the purpose for which the land is held, and the policies and proposals respond to the objectives.

Section 196(3)(d) of the Act requires a CLMP to state performance targets and how the Council proposes to measure its performance against its objectives and performance targets.

A performance target is a standard or level to be reached. Performance targets should relate directly to achieving relevant objectives or proposals. They should be meaningful (in the context of the objectives) and capable of measurement (qualitative or quantitative) but are not binding on Council.

A CLMP may be amended by Council at any time to reflect changing community needs and the provision of new and upgraded facilities. Changes require community consultation in accordance with the Act and Council’s Community Engagement and Consultation Policy unless amendments have no impact on the interests of the community. 

The establishment of five new CLMPs is considered of interest to the community and as such, consultation is required.

Councils must also keep a register of community land. The register includes, in respect of each piece of community land in the area: 

• The legal name of the land
• Address
• Certificate of Title
• Lease/Licence
• Land area. 

The current Community Land Register can be found on Council’s website under Public Registers.

After consultation closes, feedback will be considered by Administration staff before the suite of CLMPs is presented to Council in early 2025 for adoption.