Why does Glenorchy City Council dispose of Public Land?

    Glenorchy City Council owns over 330 individual properties.  Council works to ensure that underutilised public land is identified and put to a use that provides the best value for the Glenorchy community.  Council sells land that is not well used, or not of the right size, location or topography for useable open space.  This could be to: 

    • Raise funds to reinvest in new infrastructure such as playgrounds, pathways and toilets. 
    • Reduce the cost of open space services and deliver more services. 
    • Cut unnecessary expenditure on maintenance and security services at vacated sites.

    Council may also lease Council land to another organisation who may be better suited to ensuring the land is well used and providing benefit to our community.

    What legislation governs the disposal of Council Land?

    Under Section 178 of the Tasmanian Local Government Act 1993 (the Act) 

    https://www.legislation.tas.gov.au/view/html/inforce/2018-12-10/act-1993-095 there are strict requirements for Councils selling, acquiring or leasing public land.  This is to ensure that land transactions are consistent and in line with relevant legislation, and that the highest standards of probity are applied.

    What is land surplus?

    Surplus land, or “land surplus” is land that no longer provides a benefit to the community... By law, Council must maintain a register of the public land it owns. These land assets are reviewed at least once a year to identify blocks that are no longer fit for purpose.

    How does Council determine that land is surplus?

    Council follows a detailed assessment process for all land that may be considered as “surplus”.   The process considers the following things: 

    • Location, siting, and physical characteristics of the land;  
    • Its strategic importance;   
    • The costs of maintaining and servicing the land; 
    • The natural and cultural values; 
    • Planning requirements; 
    • Any incumbencies on the land 
    • Impacts on other public open spaces and how they connect; and 
    • Possible impacts on recreational activities in the area. 

    What is Council’s overall plan for managing and disposing of public land?

    The Glenorchy Open Space Strategy 2015, guides the future provision, planning, design and management of public land. You can access a copy on Councils website under other Council Strategies at www.gcc.tas.gov.au

    What does Council do with the money from land disposals?

    The proceeds from the sale or lease of surplus land are reinvested into important new infrastructure such within open space such as playgrounds, landscaping, pathways, and even toilets in accordance with the Proceeds of Property Disposals Policy 2020. Transparency is essential.  Land sales are conducted through an open and competitive process (e.g. public auction or tender).

    Can I register my interest in purchasing or leasing the land?

    You may email gccmail@gcc.tas.gov.au to register your interest in purchasing the land. On registering your interest, your details will be placed on file and you will be contacted by the appointed Council Officer if the property proceeds for disposal.

    Can I object?

    When Council is investigating whether to proceed with the formal land disposal process, a formal consultation process will be undertaken if Council decides to proceed - as part of Section 178 of the Tasmanian Local Government Act 1993. As part of this process you can object. Subsection 178(4)(b) of the Act provides that a person may object to a Council’s intent to sell, lease, donate, exchange or otherwise dispose of public land.  

    On what grounds can I object?

    You can object if you believe that: 

    • The community may suffer undue hardship due to the loss of access to, and the use of, the public land; or 
    • There is no similar facility available to the users of that facility. 

    Council encourages the community to provide as much information as possible about why the parcel of land is important to you.  Understanding the potential impacts of disposing of the land will help Council make its decision.

    On what grounds can I appeal Council’s decision

    Under section 178A of the Act, a person who lodged an objection regarding Council’s intention to sell or exchange public land (under section 178) may appeal to the Resource Management and Planning Appeal Tribunal (RMPAT) against the council’s decision regarding the objection made under subsection 178(6). 

     Such appeals must be made to RMPAT within 14 days after receiving written notification of Council’s decision and must be in accordance with the Resource Management and Planning Appeal Tribunal Act 1993 (RMPAT Act). 

     An appeal under section 178A may only be made on the grounds that the decision of the council is not in the public interest because: 

    • The community may suffer undue hardship due to the loss of access to, and the use of, the public land; or 
    • There is no similar facility available to the users of that facility. 

    How can I express my support?

    You can write to the General Manager to express your support for the proposed disposal to gccmail@gcc.tas.gov.au or in writing to PO Box 103, Glenorchy, TAS, 7010.

    How can I be kept up to date on the process and any decisions?

    If you submit a formal objection Council will write to you to confirm we received your objection and to inform you of the outcome of any decision made by Council relating to the property. 

    If you do not want to make an objection but want to be kept informed, please contact us and we will place your details on our register. 

    Property Department: 6216 6800 gccmail@gcc.tas.gov.au