As reported in our 4 November post below, a Public Hearing conducted by an Independent Chairperson was held on 13 November regarding Council’s application to reclassify the Fairland Hall site from ‘Community’ to ‘Operational’ land.
 
This site was originally gifted to the people of Hunters Hill and Council’s proposal to keep the Hall for the foreseeable future gives no reassurance because, with reclassification, the land becomes a saleable asset.
 
At the Hearing and in submissions, residents stressed the need to retain the existing ‘Community’ classification of the land on which Hall and the Playground stand.   There was general agreement that there is good reason to sell the two northern blocks adjoining properties below the 10m cliff, which would release funds to repair and maintain the Hall.
 
So we were optimistic on reading the recommendations made to Council in the Report dated 9 December 2024 which included the following:
 
“Subject to legal advice and Council resolution to subdivide the site ….

“Retain the southern portion comprising Fairland Hall and the playground as community land
Use funds from sale of the northern portions to renovate Fairland Hall “

“If legal advice precludes the process above:

“Seek legal advice about retaining the community land classification across the whole site and leasing/licensing access to the adjoining property owners which is authorised in an adopted Plan of Management…..”

Council’s further legal advice confirmed that:

“It is possible to reclassify only part of a lot (provided that the relevant part to be reclassified is specifically and accurately identified)….and to have that part discharged from any trusts, estates….affecting the land.”

 
This course of action would be a win-win for all by facilitating the sale/lease of the two northern blocks while retaining the community land even if it involved a survey of the boundaries, which we were surprised to learn does not currently exist.  However we were even more astonished at Council’s response that:

“Despite the recommendations in the Report and the public submissions expressing preference for reclassification of only part of the site, it is considered that reclassification of the whole of the site from community to operational should proceed…..”

Council argued that it needed ‘flexibility’ and ‘reclassification would facilitate the practical and orderly future stages of the proposed management of the site’.   But if there is no plan for the land on which the Hall and playground stand, what are these ‘future stages’ that have to be facilitated?
 
At Council’s last meeting of the year on 16 December 2024, Cllr Williams seconded by Cllr Lane, put forward an amendment to not proceed with the Planning Proposal to reclassify the whole site, arguing that Council should be following the Independent advice it has been given, particularly as this provided a workable solution to give residents certainty of the future of community land and allow for the sale of the northern part of the site.
 
The counter argument was made that no sale of the Hall was imminent and any future proposal would be subject to a full DA process and dependent on a suitable replacement being made available for the community.
 
Regrettably, the option to honour the original generous donation of land for community use was rejected in favour of an uncertain future and potential sale. The motion was carried by the votes of Cllrs Prieston, Virgara, Tannous-Sleiman, Kassab and Mayor Miles.