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Council Minutes - Town of Cambridge

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COUNCIL MINUTES<br />

TUESDAY 28 AUGUST 2012<br />

CR12.126 FORMER NURSERY SITE JOLIMONT - ADVERTISING BUSINESS PLAN<br />

PURPOSE OF REPORT:<br />

To seek <strong>Council</strong> approval to advertise the Business Plan regarding the disposition <strong>of</strong> land<br />

known as the Former Nursery Site on Salvado Road, Jolimont.<br />

BACKGROUND:<br />

<strong>Council</strong> considered, in a Confidential Report (CR 13.1 <strong>of</strong> Meeting 27 March 2012), principles<br />

that would be acceptable to enter into an agreement with Landcorp for the disposition and<br />

development <strong>of</strong> the site commonly known as the former Nursery Site in Salvado Road,<br />

Jolimont.<br />

These principles formed the basis <strong>of</strong> a submission to State Cabinet by the Minister for<br />

Regional Development and Lands. This submission has been approved by Cabinet and will<br />

result in Landcorp undertaking the development <strong>of</strong> the site for residential purposes, with the<br />

<strong>Town</strong> and Landcorp sharing in the net project returns.<br />

Fundamental to this arrangement will be the action <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Cambridge</strong> transferring<br />

the title for the land to Landcorp to allow the development to proceed. This is subject to<br />

receiving advice that the taxation implications <strong>of</strong> this action place the <strong>Town</strong> in a no worse<br />

financial position as if it undertook the development itself. If not, the <strong>Town</strong> may retain the<br />

land during the project with Landcorp acting as its agent to manage the development and<br />

sell the land. To undertake the proposed land transaction, the <strong>Town</strong> must prepare, advertise<br />

and consider responses to a Business Plan for this matter in accordance with s3.59 <strong>of</strong> the<br />

Local Government Act 1995 prior to entering into a development agreement with Landcorp.<br />

DETAILS:<br />

S3.59 <strong>of</strong> the Local Government Act details the requirements regarding commercial<br />

undertakings including the disposal <strong>of</strong> land. A business plan must be prepared in<br />

accordance with the Act and Regulations, advertised and then considered by <strong>Council</strong> prior to<br />

entering into the commercial transaction.<br />

A summary <strong>of</strong> the project plan is as follows:<br />

• A development agreement will be created which outlines the conditions precedent<br />

and terms under which the project will be developed;<br />

• The Nursery Site will be subdivided from Lot 520, which encompasses Henderson<br />

Park, the Nursery Site and Wembley Sports Park, to allow creation <strong>of</strong> a stand alone<br />

title;<br />

• Potentially the titled land will be transferred for a nominal sum to Landcorp, including<br />

the existing trust covenant;<br />

• The trust will be removed, facilitating planning and development <strong>of</strong> the site by<br />

Landcorp;<br />

• Net proceeds from this development will be shared 60/40 in favour <strong>of</strong> <strong>Town</strong> <strong>of</strong><br />

<strong>Cambridge</strong>;<br />

H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\AUGUST 2012\C CR.DOCX 157

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