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The Plans of Management for the Community owned Grazing lots below:

Kyla Park Community Land Areas of Cultural Significance Plan of Management

Kyla Park Community Land Areas of Cultural Significance Landscape Masterplan

 

Kyla Park Community Land Foreshore Reserves, Parkland and Boat Ramp Plan of Management

 

Kyla Park Community Land Foreshore Reserves, Parkland and Boat Ramp Landscape Masterplan

 

Deed Camanae and ESC Nov 1978

 

Clr Smellin Viewpoint

2000 Newspaper cuttings of protest

 

The Kyla Grazing Lots - Tuross Head

 

A reminder to Council

The Kyla Park Grazing Lots are our Heritage areas

 

One of the detriments of time is that people tend to forget.... and that sometimes it is also hoped that things are conveniently forgotten....

The whole issue of the Heritage Kyla Grazing lots began with a non-existent vineyard proposal!

It was eventually admitted by Council staff that they had not "had an expression of interest" re the establishing a vineyard (as advertised) near the highway - the only interest was a monetary one - on Council's behalf of course, to secure the land by change in classification and then sell it!

Council really should have been held to account at the time for deliberately & publicly misleading their employers - the Community - however the Community chose to move on positively and as a consequence, and via the subsequent community participation, consultation and hard work by dedicated and passionate residents the resulting heritage lands that we have today, and their Plans of Management, ensure the Heritage Kyla Grazing Lots remain firmly in the control of the Community.

In case records are lost and memories become blurred the following is an extract of the

MINUTES OF THE ORDINARY MEETING OF THE COUNCIL OF
EUROBODALLA HELD ON TUESDAY 2 MAY 2000 copy here
____________________ ____________________

QUESTIONS WITHOUT NOTICE FROM THE PUBLIC
(Minutes of the Public Forum and Questions Without Notice are a summary only and do not purport to be a complete transcript of the proceedings.)
00.4052; 82.5897


QP1 Mr Mick Ivory asked the following questions:

“I preface my question in relation to the proposed re-classification of the Kyla Park grazing lands by advising that I have special interest in this matter as my property adjoins the grazing lands, and I ask:

(a) Do councillors realise that there is deep concern among a large section of our community over the take-over of their Public Open Space, and that this travelogue into Tuscany appears to be orchestrated with much suspicious haste and with an apparent lack of transparency?

(b) So why does Council need to sell this land for temporary gold when it can be leased for 21 years with right of renewal, and so remain a lasting investment in our long-term social and environmental values?


(c) Do soil tests reveal that only a very small area of the lands is suitable for viticulture, and that if all the lands should be re-classified as operational, will the existing 1c zoning be exercised to sell off the remainder as 5 acre lots, each with dual occupancy, covering virtually the entire approaches to Tuross, and with devastating impact on the water quality in both lakes?

(d) Where is the “Village Common” to be sited and will stocks be erected for non-believers to be pilloried, as well as a maypole whereupon witches may be burned … or is this to be held in reserve for a future Crematorium as has been mooted by a current Councillor?

A crematorium at Tuross could be described as Value Adding to God’s Waiting Room. Ladies and Gentlemen, will this public relations disaster by Council be stopped today before it escalates into an unconscionable and misguided exercise in greed and deceit?

What you may consider to be a valuable asset is to the people of Tuross priceless.”
The questions were taken on notice.

QP2 Mrs Maureen Baker, President of the Tuross Lakes Preservation Group Inc raised the following issues in relation to the proposal to re-classify and rezone the Kyla Park grazing lands.

“We are concerned that this matter is proceeding at undue haste. The decision to sell one of the largest parcels of Community Land in the shire is a momentous one and yet the Report to the Works & Facilities Committee on 11/4/00 and the newsletter to the Tuross community fail to provide sufficient information or fully consider environmental factors. We ask, therefore, that you defer the decision on the Recommendation until the following two points are addressed:

(1) The need to retain at least 100m depth of lake foreshore in Lot 79 and Lot 78 as Community Land, to be revegetated. Together with Lot 88 and Lot 84 this would then provide a reasonable foreshore buffer zone to filter runoff from whatever development may occur. Leaving only Lot 88 and 84 as foreshore protection for our lakes would be just a token gesture. Here is an opportunity for Council to act on its own Clean Waters Campaign and lead by example.

(2) The need to provide for the record and the benefit of the community a comprehensive report which includes the following information: · The options available to Council for management of this Community Land and what effort, if any, has been put into investigating these, and the reasons why Council considers them inappropriate?

· If we are to lose a community asset we at least need to know to what use will the proceeds of this land sale be allocated - will they be reserved for capital improvements and will any be carried out in the Tuross area?

· Is Council intending to come to an exclusive arrangement with the potential developer of the vineyard or will all the lots be offered for sale to the general public?

· Will public access be provided through this land so that the lake foreshore can be reached?

· Will any form of Development Control be imposed to ensure the visual amenity and environmental values of the land and the lakes is protected? We urge you to seriously consider our request.”

The questions were taken on notice.

QP3 Mr M Graham, a resident of Kyla Park, said the proposal to re-classify and rezone the Kyla Park grazing lands is a moral and political issue. The use of the properties is restricted by a Deed of Agreement and S88B instrument. With the prospect of a change in use of these properties would Council make a clear public statement as to which parties agreed to a change in the Deed?

The question was taken on notice.

QP4 Mr Michael Taylor, representing the Tuross Lake Oyster Farmers asked the following question in relation to the proposal to re-classify and rezone the Kyla Park grazing lands:

“Regarding the proposed land changes at Kyla Park, and given that Council are in a unique position to protect the environment and champion the ‘Nature Coast’ theme, will Council assure the oyster industry that no reclassification, rezoning, sale or development of the said lands proceed until a comprehensive plan of management is implemented to guarantee the continuing high water quality of Tuross Lake?”

The question was taken on notice.

QP5 Mr Max Crisp raised the following issues in relation to the proposal to reclassify and rezone the Kyla Park grazing lands:

“(1) As a resident of Cluster 1 Kyla Park which is on the Bodalla or south side of the said lands which we are dealing with today, my property views a vast area of Rural Kyla Park.

(2) In agreement with Council that under Council’s ownership over the years the land has become degraded.

(3) I have traversed over this property from every angle spraying blackberry and even they don’t get sprayed at the right time of the year, meaning from January to March, because I’m not notified to do so by Council resulting only in nominal kill.

(4) The dams on both sides of Hector McWilliam Drive are not adequate for livestock let alone a vineyard especially in our dry periods.

(5) There are big areas of rock on the land which can’t be improved in any way as well as areas of loose stone and seepage as well from the rocky nobs.

(6) The 40 hectares that are spoken about in the Tuross newsletter would have to be ripped for vines so that means more rock on the surface and more risk of silt in Tuross Lake.

(7) We the people haven’t been properly informed of what is going on with Kyla Park rural land.

(8) To just leave a copy on the post office counter is just not good to inform the public.

(9) I would please ask the Councillors present here today to defer your vote on this matter for at least another month, until we the people are better informed on your proposals.

(10) I would know this land better than any one in this Shire and would want to see it cleaned up and a part time manager appointed to make sure that it remained clean of rabbits, tussock and blackberry etc with designated areas of trees especially both sides of Hector McWilliam
Drive.

(11) Our Council wants to sell it off to developers or who ever and don’t want the responsibility of it anymore, forgetting of course that they don’t own it, that said lands belong to us the ratepayer.

(12) Mr Evans who agists dairy cows on the land pays $530 per month. He doesn’t have a contract and isn’t obliged to do any maintenance, only pay his fee.

The questions were taken on notice.

then.......following SUSPENSION OF STANDING ORDERS

MINUTE NO 133
WORKS AND FACILITIES COMMITTEE MEETING HELD ON
TUESDAY 11 APRIL 2000 90.1221
MOTION Councillor Pollock/Councillor Brown

RECLASSIFICATION – TUROSS HEAD 82.5897
THAT:

1. The issue of the proposed reclassification and rezoning of Council
owned land at Kyla Park be deferred.

2. A public meeting be held as soon as possible to provide information
on the proposed reclassification and rezoning and all relevant
processes and to canvass all the issues.
(The Motion on being put was declared CARRIED.)

The Public meeting

The residents were told at that subsequent Public meeting held in Tuross Head at the Progress Hall (chaired by Rob Pollock) that changes to Council's Local Environment Plan and NSW State Government laws meant that the Council now owned these lands - not the community.

The meeting was told the Council would like to subdivide and sell the lands and the residents should agree to change the classification of the lots from Community to Operational and the zoning from Rural 1c to Rural 1a.

A senior Council planner read out pages 4 and 5 that described what could be done on Rural 1a land... and for whatever reason, chose not to tell the meeting of the additional things that would be allowed on the grazing lots under this rezoning, omitting on informing the full house of all the additional types of development that would be allowed such as crematoriums and minor industry identified on page 17.

The room, well aware of the contents of page 17 responded with a collective shouit of "Read out page 17". When he chose not to read it , Rob Pollock, the chair, was then asked to read out to the meeting the text of page 17. This bought the house down with shouts of "Shame" and other more expletive comments.


When the community were made aware of the type of industrial, commercial, residential etc development allowable for these beautiful lands under the proposed Rural 1a zoning they were adamant and universal at the meeting in saying

"It's our land, leave it alone!"

The full to capacity meeting was then informed by the chair and that their voice had been heard and the proposal to change the classification was "no longer on the table'

Then 18 months later..........a media release from Council

Thursday, March 07, 2002
TUROSS PUBLIC MEETING TO DISCUSS KYLA PARK GRAZING LEASES

A public meeting is to be held at Tuross Head next Thursday night to discuss ways of achieving a long term lease for the Kyla Park grazing lots. The meeting will be held at 7.30pm on Thursday 14 March at the Tuross Head Youth and Sports Club Hall, Kyla Recreation Area

Mayor Peter Cairney said council controls the land used for grazing at Kyla Park which is on both sides of the drive into Tuross Head from the highway.“It is classified as Community Land and has been leased for grazing,” he said.

“However long-term leasing of Community Land for grazing is no longer possible.”

Following receipt of a petition signed by 450 residents of Tuross Head, council wrote to the Minister for Local Government asking that special dispensation be given to allow a lease for grazing of up to 20 years.

The Minister has replied, saying he has no power to exempt council from any of the Community Land provisions of the Local Government Act.

Cr Cairney said the aim of the public meeting is to determine a course of action that will meet with the wishes of the community and allow for the proper upkeep of the grazing land.

 


The Plan of Management “Kyla Park – Areas of Cultural Significance” was prepared by Eurobodalla Shire Council with the assistance of the Kyla Park Steering Committee which comprised of the following members:

Mrs Criss Higgins Horse Agistment Group
Mr Max Crisp Kyla Park Clusters
Mrs Kay Crisp Kyla Park Sports Area Management Committee
Mr Ted Williams Tuross Head Progress Association
Mrs Maureen Baker Tuross Lakes Preservation Group
Mr David Campbell Tuross Services Organisations (VRA & Lions Club)
Mr Mick Ivory Tuross/Coila Lakes Estuary Management Committee

The Plan of Management was adopted at the Works & Facilities Committee on Tuesday 9 December, 2003.
Plan of Management No 27.

 

 

Below is an EXTRACT FROM A REPORT TITLED

THE HAWDON FAMILY
OCCUPATION, THEN OWNERSHIP OF KYLA PARK
TUROSS HEAD, NEW SOUTH WALES, 1832 to 1973

Prepared by: Helen Townend
Member, Moruya & District Historical Society
Resident, Kyla Park, Tuross Head, New South Wales

INTRODUCTION


In the late 1970's the developers of Kyla Park dedicated the Kyla Park "Grazing Lands" to the community of Tuross as "an area of unique characteristics for the visual benefit of members of the general public". The intention was to provide a continuance of the historic Kyla Park Dairy Farm in appearance and to provide a substantial open space buffer of land between the town of Tuross Head and the Princes Highway.

However in mid 2000, the Eurobodalla Shire Council called a public meeting of residents. The residents were told that changes to Council's Local Environment Plan and NSW State Government laws meant that the Council now owned these lands - not the community.

The meeting was told the Council would like to subdivide and sell the lands and the residents should agree to change the classification of the lots from Community to Operational and the zoning from Rural 1c to Rural 1a.

When the community became aware of the type of industrial, commercial, residential etc development allowable for these beautiful lands under the proposed Rural 1a zoning they were adamant - "It's our land, leave it alone!"

Recognising the heritage value of these lands, Helen Townend of Kyla Park compiled a report on the Hawdon family. The report had to show the continuation of occupation of the lands by the Hawdons for about 140+ years and the contribution of the Hawdon family to the development of this country.

The report was complemented by the Council's Consultant Heritage Architect's assessment which stated:

"The Kyla Park community has a close `cultural' relationship to the pastoral lands and have a strongly protective attitude to the conservation of these lands."

"The site has a spirit of place which has been retained relatively intact and free from intrusive development."

In February 2003, the Eurobodalla Shire Councillors voted unanimously for the lands to be included in the ESC's Rural Local Environment Plan as heritage lands and for the Kyla Park lands to be listed on the Council's Heritage Register.

All five lots were categorised as "An Area of Cultural Significance" owing to the historical use of the land for grazing by the Hawdon family. Council adopted the Kyla Park Plan of Management, Areas of Cultural Significance on 9 December 2003 (see links to these documents below).

The two large lots continue to be used as grazing lands, as they had been for the past 160+ years, while the three smaller lots are for horse agistment/general community use.

The amendment to the ESC's Rural Local Environment Plan was gazetted in November 2004. A Grazing Lease for the grazing lands was granted to a local grazier on 1 April 2007 and is valid to 31 March 2028.

And so these beautiful lands have been protected.

The category of "Cultural Significance" is defined as "aesthetic, historic, scientific, social or spiritual value for past, present and future generations".

*
Source: Deed of Agreement between Camenae Corporation Limited and The Council of the Shire of Eurobodalla, dated 22 November 1978.

Areas
Foreshore Reserve 36 ha
Grazing Lot 192 ha
Strata Title Residential Precincts 50 ha
Recreation 11 ha
Total 288 ha.

In 1978, Council approved the development of Kyla Park by Camenae with conditions.
Source: Management Plan - Kyla Park, 20 November 1978

The developer and Council recorded their general agreement and mutual intention that:

Foreshore Reserve (36 ha) and Grazing Lot (192 ha)
The original Kyla Park farm was owned to the high water mark of both Coila and Tuross Lakes. Camenae dedicated these "Foreshore Reserves" as:

"The whole of the Grazing/Foreshore Reserve Lot should be maintained as an area of unique characteristics for the visual benefit of members of the general public."


Strata Title Residential Precincts (50 ha)
Six lots (Clusters) to be subdivided into 69 Residential Strata Lots.

"The Residential Strata Lots shall be developed and used as individual homes of good quality which harmonize with the area surrounding them." The individual owners would be responsible for the construction and maintenance of access and internal roads. The Council, under no circumstances would supply water to the Residential Strata Lots.

Recreation area (11 ha)
Known as the "Hall Lot" would be transferred to Council for public use as a community hall (Kyla Park Youth & Sports Club) and for recreational facilities for sporting activities.
"The Hall Lot should be maintained for use by members of the general community including the occupiers of the Residential Strata Lots towards satisfying the present lack of amenities for them."

Foreshore Reserve & Grazing area:
"This open space area comprises a Grazing area and a Foreshore Reserve area. It is intended that the Grazing area should be used for grazing purposes only and should not be available for use by members of the general public or for use by the Cluster owners.

"It is intended that the Grazing area be made available pursuant to an appropriate agreement for the grazing of livestock on such terms as are commercially negotiated.

"It is intended that the Foreshore Reserve area should be freely available for use by members of the general public and Cluster owners."

*****


NOTE: Copies of the complete Kyla Park report (including maps) are available from the Moruya & District Historical Society in Campbell St, Moruya for $10 (phone 4474 3224).

see also Jocelyn Righton Hawdon article - Bay Post Oct 2013

The Plans of Management for the Community owned Grazing lots below:can be found here

Tuross Head and Kyla Park residents to keep a very watchful eye on Council regarding the management of the Kyla Grazing Lands.

At Council’s meeting of November 26th 2013 Councillor Gabi Harding moved the following motion.
THAT:
Council receive a briefing on the Recreation and Open Space Strategy and in particular the strategic approach taken to managing the communities open space and recreational needs, the disposal, acquisition and acceptance of open space land and the proposed use of funds received for the disposal of open space and recreation lands.

Councillor Harding put forward :
“As we all know, much of the pressure to sell public land comes about because councils are cash-strapped and rate pegging and cost shifting forces them to look for alternative funding sources. The New South Wales Treasury Corporation (TCorp) report of the financial sustainability of all general purpose councils has concluded that only two councils were rated as ‘Strong’ and only five councils had a Positive Outlook, while 73 had a Negative Outlook– nearly half of all councils. Based on this finding, it is projected that by 2014/15, 40% of all councils could be rated as Weak, Very Weak, or Distressed.
The systematic problem of financial unsustainability should not come at the expense of community land.
The sale and/or development of public open space is not a long term solution to the financial problems of Local Government.
It is important that our community land is managed strategically to meet the changing needs of our community and that any disposal of land is linked to such needs. It is understood that Eurobodalla Shire Council has taken a proactive approach and prepared in consultation with the community a Recreation and Open Space Strategy (ROSS).

I believe that it would be beneficial for Councillors to receive a briefing on the ROSS and in particular the strategic approach taken to managing the communities open space and recreational needs, the disposal, acquisition and acceptance of open space land and the proposed use of funds received for the disposal of open space and recreation lands”

When driving along the ridge from the highway into Tuross Head it is more than probable that new Councillors, new Council staff and new residents are not aware that they are driving through community land that is community owned and is listed as having cultural heritage.

One of the detriments of time is that people tend to forget.... and that sometimes it is also hoped that things are conveniently forgotten.… this is not so with the Tuross community in regards to the Kyla Grazing lots

The whole issue of the Heritage Kyla Grazing lots began with a non-existent vineyard proposal! Council had a brainwave—that they could make the Kyla grazing lots the Tuscany of the South and offer the land for sale to grow grapes and that the sale of the land would line Councils pockets to be spent predominantly elsewhere in the Shire. Much the same as their original idea to sell the Tuross Progress Hall land and make a bit of money for general revenue.

It was eventually admitted by Council staff that they had not "had an expression of interest" re the establishing a vineyard near the highway - the only interest was a monetary one - on Council's behalf of course to secure the land by change in classification and then sell it!

Council really should have been held to account at the time for deliberately & publicly misleading their employers - the Community - however the Community chose to move on positively and as a consequence, and via the subsequent community participation, consultation and hard work by dedicated and passionate residents the resulting Heritage land that we have to day and the Plans of Management ensure the Heritage Kyla Grazing lots remain firmly in the control of the Community.

In a recent article printed in the Bay Post Oct 30 Jocelyn Righton wrote ”Councils efforts to subdivide the land for possible industrial , commercial or residential developments fell flat through the courageous efforts of residents who were adamant “it is our land, leave it alone”. I February 2003 Councillors voted unanimously for the lands to be included in Councils Rural LEP as heritage lands and to be included in Councils Heritage register. The five lots, now categorised as an area of cultural significance through the historical grazing of the land by the Hawdon family are still used for grazing and most importantly are protected for future generations.” (you can read the whole article here )

Council have been requested on several occasions to place an information board adjacent to the Kyla Grazing lots advising tourists and locals alike of the cultural heritage of the land and of the links the land has to the immediate Tuross Head past since colonisation.

Whilst the aboriginal past is celebrated in an information sign at One Tree Point there is little of the pre Hector McWilliam history from 1924 onwards that celebrates early farming in the area.
Councillors might like a refresher on the history of the Kyla Grazing Land for their workshop incase someone naively suggests this land might be sellable.