Agenda of Council Special Meeting

Council

Special Meeting Agenda

1 August

2019

Doc ID No: A5671880

ITEM: E.1

SUBJECT: DEDICATION OF LAND AND TRANSFER OF LAND TITLE - LOT 160 ON SP271657

AUTHOR: Senior Property Officer

DATE: 18 July 2019

Executive Summary

This is a report concerning the dedication of land as open space and a transfer of land located at 60 Springfield Greenbank Arterial, Springfield Central, described as Lot 160 on SP271657 from Ipswich City Council as trustee of the current trust to Ipswich City Council in freehold without a trust.

RECOMMENDATION

That the Interim Administrator of Ipswich City Council resolve:

A. That pursuant to clause 1.1 of the schedule of trusts in transfer no. 714609182, Council determines that dedication of the land described as Lot 160 on SP271657 as open space is required.

B. That pursuant to clause 4.1 (a) of the schedule of trusts in transfer no. 714609182, Council determines that the dedication of the land described as Lot 160 on SP271657 as open space is to be by transfer to Council in fee simple without a trust.

C. That the Chief Executive Officer be authorised to execute the transfer of land described as Lot 160 on SP271657 and to do any other acts necessary to implement Council’s decision to transfer this land in accordance with section 13(3) of the Local Government Act 2009.

RELATED PARTIES

The land described as Lot 160 on SP271657 (formerly Lot 60 on SP251816) was transferred to Council by Springfield Land Corporation (No. 2) Pty Ltd (SLC@) in 2012. According to clause 1.1 of the schedule of trusts, the land is held by Council on trust for the future dedication as open space as when it is determined to be required by Council.

In dedicating the land as open space, Council must determine the most appropriate method under clause 4 of the schedule of trusts. The recommended method of dedication of open space is by transferring the land to Council in fee simple without a trust (see attachment 5). This will provide Council with the most flexibility in dealing with the use of the land subject to any governance requirements ensued on Council as a manager of the asset. Council is transferring the land from Ipswich City Council as trustee of the current trust to Ipswich City Council in freehold without a trust

Advance Ipswich Theme Linkage

Caring for the community

Purpose of Report/Background

In 2012, the property at Lot 160 on SP271657 was transferred to Council from Springfield Land Corporation (SLC) as part of their dedication requirements under the Brookwater Precinct Plan. Simultaneously, Council and the Brisbane Lions entered into negotiations to develop a purpose built AFL stadium and high performance training facility on the property, known as the Northern Sportsfields. This property was identified as the most appropriate site for the proposed stadium due to its proximity to the Springfield Central Rail Station and the developing and surrounding residential, commercial and retail precincts in Springfield Central.

The parties entered into the original Heads of Agreement in 2013 (see attachment 1), however the proposed stadium did not progress and the Brisbane Lions considered a range of other sites across South East Queensland. After undertaking this process the property at Lot 160 on SP271657 was identified as the preferred location and the parties entered into another Heads of Agreement in 2017 (see attachment 2).

Since the execution of the Heads of Agreement, Council has been in negotiations with the Brisbane Lions regarding the design and construction of the stadium as well as the terms of tenure for the site. The Brisbane Lions have proposed to develop the southern part of the property with facilities incorporating a stadium for playing Australian Football League Woman’s (AFLW), AFL pre-season and training, second tier AFL games, other community uses and sporting events and a high-performance training and administration centre. A secondary oval will be developed on the northern part of the property for the use by community sporting clubs.

Financial/RESOURCE IMPLICATIONS

As part of the transfer of the land, Council will be liable for payment of stamp duty under the Duties Act 2001. The amount of stamp duty paid on the transfer of the land will be determined from the market value of the property. Council have engaged a registered valuer to undertake a valuation of the property as a requirement of calculating the stamp duty amount (see attachment 6).

RISK MANAGEMENT IMPLICATIONS

As part of the Heads of Agreement between the parties, the Brisbane Lions intend on building a purpose built AFL stadium, which is supported by State and Federal funding. The intended development of the stadium incorporates a number of subsidiary uses to support the requirements and use by an AFL team to train and play from. The trust over the land restricts the development of the stadium as required by the Brisbane Lions. If the land is not dedicated as open space and transferred from Ipswich City Council as trustee of the current trust to Ipswich City Council in freehold without a trust, it proposes a high risk of restricting the intended development of the stadium.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Land Title Act 1994

Local Government Act 2009

Local Government Regulation 2012

Trusts Act 1973

Council will submit a Form 1 Transfer document to the land titles office to register and execute the transfer of land title. Additionally, Council will submit Form D2.2—Dutiable Transaction Statement to the Office of State Revenue for the payment of stamp duty.

COMMUNITY and OTHER CONSULTATION

There has not been any community consultation undertaken by Council on the stadium proposal. Within the Heads of Agreement the following has been identified to benefit the community as part of the development of the facilities and accommodating a national sporting team:

• Use of the stadium field by the community and community organisations subject to agreed conditions by the parties;

• Community use by sporting groups for the secondary ovals;

• Council and the Brisbane Lions to work collaboratively in the delivery of community benefit programs;

• Additional ancillary improvements to the stadium will be developed within the facility and these will become available for community use, subject to the usage requirements by the Brisbane Lions.

Springfield City Group have been consulted and have advised that they do not consider this as their preferred course of action in relation to this parcel of land, however Council does not require their agreement to proceed.

Conclusion

To facilitate and progress the development of the proposed stadium by the Brisbane Lions, it is recommended that Council adopt the resolutions in this report.

Attachments and Confidential Background Papers

1.0	Heads of Agreement - Between ICC and Springfield Land Corp and Brisbane Lions and AFL - 2013 ⇩
2.0	Heads of Agreement - Between ICC and Brisbane Lions and AFL - 2017 ⇩
3.0	Title Search - 160 SP271657 ⇩
4.0	Title Dealing 714609182 ⇩

	CONFIDENTIAL
5.0	Letter to ICC from Tim Horrell - 26 Jul 2019
6.0	Valuation Report - Springfield Greenbank Arterial Springfield Central