During the consultation period, a total of one response was received in support of the proposal.

At its meeting on Tuesday 24 June 2025, Council considered the feedback received from the community and made the decision to seek the consent of the Minister for Local Government to revoke (or change) the community land classification on a portion of the land at 4 Carruthers Drive, Modbury North, provided that the landowner at 93 Carruthers Drive, Modbury North formally accepts the valuation prepared by McGees Property as the purchase price of $39,000 (plus GST) for the subject land.

Council also resolved to:

• Include its intention to sell the land described for $39,000 (plus GST) to the landowner at 93 Carruthers Drive, Modbury North subject to approval from the Minister for Local Government and commence the disposal process following the revocation of the community land classification with all associated costs to be met by the landowner
• Includes with the submission to the Minister for Local Government, relevant information and Council reports and the report prepared pursuant to Section 194 of the Local Government Act 1999
• That should the disposal of a portion of Carruthers West Plantation proceed, all funds resulting from the disposal of the land be allocated to improvements to the public realm in the Drumminor Ward.
• Requests the CEO provide a further report to Council advising of the Minister’s decision

Read the community engagement outcomes report

Read the Council report (Council Meeting - Notice, Agenda & Reports - 24 June 2025 - see pages 240-301)

Read the Council Meeting minutes - 24 June 2025

Council is inviting the community to provide feedback about the proposed sale and change of community land classification for a portion of reserve land in Modbury North to address an encroachment issue.

Council has received a request from an adjacent property owner to purchase a small portion of Carruthers West Plantation in Modbury North.

Carruthers West Plantation (the Reserve) extends from Carruthers Drive through to the road verge for McIntyre Road. It forms a buffer between a strip of commercial buildings on Milne Road and residential housing to the south and has a total area of 5,523 square metres.

In mid-2024 the owner of 93 Carruthers Drive Modbury (land owner) applied for development approval to build a shed at the rear of their property (allotment). As part of the application process it was noticed that part of the proposed shed would encroach on Council land, although it was within the fenced area of the allotment. In the application the land owner advised that the rear fence was in place when they purchased the property in 1994. The oldest available aerial maps available to Council show the fence in the current position at least from 2002.

A land survey commissioned by the land owner identified the true boundary of the allotment and Council’s boundary and that the fence at the rear of the allotment is on Council land (see aerial images/maps to the right).

The land owner has submitted an application to purchase the encroached Council land, approximately 96m² (representing approx. 1.7% of the total area of the Reserve). This would remove the encroachment and allow the construction of the shed to proceed.

If the sale of the portion of the reserve land was to go ahead, an independent property valuation by a Certified Practising Valuer in South Australia would be obtained to determine the market value for the land. Proceeds from the sale of this land would be used for improvements/upgrades in the local area.

Key effects of this proposal include:

• Property boundaries would be accurately represented on property titles
• Council would gain some income from increase in rate revenue
• There would be no change to the function of the Reserve
• The encroachment on Council land would be resolved.

As Carruthers West Plantation is classified as “community land” under the Local Government Act 1999 the Minister for Local Government’s approval to revoke (change) the classification is required before any sale or land transfer can occur. The revocation process requires that Council must consult with the community before seeking Ministerial approval (subject to the outcomes of community consultation.

For more information please refer to the Information Sheet and aerial images.

More information about the effects of this proposal on the area can be found in the Report for Consultation (Section 194).

To get involved and have your say:

• Register here (if you haven't already, otherwise you can sign in when prompted)
• Provide feedback by completing the online feedback form
• Have a question? Ask us below

All feedback received will be presented to Council for consideration before any further decisions are made about this proposal.

If you need assistance to participate in this consultation, please call us on 8397 7444 or send us a message

Closed: This consultation has concluded.

Portion Carruthers West Plantation, Modbury North - Proposed sale and community land revocation

Council is seeking community feedback about a request from an adjacent landowner to purchase a portion of Carruthers West Plantation, Modbury North, and the proposed change of Community Land classification for this portion

Before providing feedback, please review the Information Sheet and aerial maps showing the location of the reserve and Report for Consultation (Section 194).