Cr to challenge State over Jetty land ownership

Cr Paul Amos is challenging the State Government over land ownership at the Jetty.

The State Government owns several sections of railway land at the Jetty Foreshores.

COFFS Harbour City Councillor Paul Amos is challenging the State Government over ownership of a patch of prime Jetty Foreshore land.

The section of land east of the railway line to the north of Marina Drive has been used for a range of community purposes over the years from carboot sales to concerts and parking.

"That land has been used by the community for forever and a day, and I want to explore the options to see if the community has a claim over it," Cr Amos said.

"The State Government is technically the owner, but the adverse occupier is the community.

"It's unfenced and I think the community has a real claim here."

Currently it's earmarked for development of between two and three storeys, outlined in indicative height maps released as part of the State Government's foreshore revitalisation project.

Coffs Harbour City Councillor Paul Amos.

Cr Amos is basing his land claim on the little-used law of 'adverse possession', known colloquially as squatter's rights.

"The other section of State Rail land has a fence around it (to the south) but this area to the north of Marina Drive has for all intents and purposes been assumed by the community as being local, community land."

He referenced a recent case in the Sydney suburb of Redfern where a resident took his neighbours in an adjacent street to court over a 3.35 square metre remnant of a 'dunny lane' in Redfern and won.

Adverse possession requires a person to occupy another person's land continuously for at least 12 years. The successful claimant had for many years incorporated the land, running alongside his backyard, into a small boutique Japanese style garden.

Cr Amos has raised a motion requesting that staff look into the matter and prepare a report for Councillors to consider.

It's not the first time Cr Amos has expressed concerns about plans for the precinct.

Earlier in the month he questioned if the State Government's recent planning update reflected the community's wishes for the area as expressed during several rounds of public consultation over the years.

"Well it's certainly an interesting interpretation that's been endorsed and I'm dubious as to if those plans do reflect the public consultation."

Indicative height limits for development.

 

 

 

Several rounds of public consultation have expressed concern in relation to height limits along the strip.

In 2017, Cr Sally Townley revealed the State Government's confidential plans to develop high-rises of up to 10 storeys tall on the eastern side of Jordan Esplanade.

The plans were scratched and the planning process started again.

In late 2018 a preliminary concept plan unveiled by Coffs Harbour MP at the time Andrew Fraser, showed indicative height limits of between two and five storeys and no development east of Jordan Esplanade.