Letter to the Premier Regarding Concerns Over Community Land Revocation

COUNCIL WATCH FLEURIEU INC.Accountability with Integrity

Publication Date: Monday 19 January 2026

Dear Premier and Minister,

Council Watch Fleurieu Inc. writes to formally raise serious concerns regarding the governance, transparency, and sequencing of decisions associated with the proposed Victor Harbor Regional Community, Sport and Recreation Precinct on Lot 202, Armstrong Road, Victor Harbor.

Following detailed review of planning records, Council documents, and material that has since been removed from public access, Council Watch has identified matters that we believe require urgent State-level oversight.

1. Planning approval has been advanced ahead of community land revocation

Council has initiated and completed a Code Amendment rezoning Lot 202 to a Community Facilities Zone, which is now live in the Planning and Design Code. Under this zoning, a private proponent, Accord Property Pty Ltd, has obtained planning approval in principle for a development that includes indoor recreation, childcare, retail (“shop”), advertising, and food and beverage uses.

However, the community land revocation process remains undecided and is still awaiting determination by the Minister for Local Government.

While these processes are technically separate, the sequencing has the practical effect of:

  • granting planning certainty to the developer,
  • embedding commercial expectations,
  • and placing material pressure on the Minister to approve revocation of public land.

This reverses accepted best practice for developments on community land, where revocation should be determined before planning certainty is granted.

2. The true scale of the development was not openly disclosed

Council Watch has identified planning and traffic documentation (including material later removed from public view) which confirms that the project has been assessed on an ultimate build-out, not merely an initial stage.

Key figures include:

  • Recreation facilities totalling 10,600 m²
  • Food and Beverage totalling 3,000 m²
  • A childcare centre of 2,115 m²
  • Approximately 476 car parking spaces

An expansion scale of 3,000 m² for Food and Beverage is not a café. It equates to a large hospitality or tavern-style operation, with significant commercial and amenity impacts.

This scale was not clearly or consistently disclosed during public consultation.

3. Public assurances conflict with planning reality

The Mayor, Moira Jenkins, publicly assured residents that only part of Lot 202 – approximately 30% – would be revoked, with the remainder retained as community open space.

Lot 202 is approximately:

  • 11.5 hectares
  • 115,000 square metres
  • 28.4 acres

A 30% revocation equates to roughly 35,000 m².

However, planning approvals, impact assessments, and development elements apply across the broader site footprint, creating a clear inconsistency between public assurances and the planning framework now in force.

4. Prudential assessment and affordability concerns

The draft prudential material presented to Council was manifestly inadequate. It focused predominantly on process while omitting or understating:

  • key financial assumptions,
  • long-term affordability impacts,
  • risk transfer to ratepayers,
  • and the financial implications of future expansion.

This raises serious concerns as to whether elected members and the community were provided with the information required to make an informed and honest decision, as intended under the Local Government Act.

5. Undisclosed and removed documents

Council Watch advises that it is in possession of copies of documents that were previously accessible through Council processes but have since been removed from public availability. These documents substantiate the issues outlined above, particularly regarding scale, future expansion, and commercial scope.

In the absence of full disclosure and satisfactory clarification, Council Watch is prepared to release this material publicly in the interests of transparency and informed community debate.

Request for State oversight

Given the seriousness of these matters, Council Watch respectfully requests that the State Government:

  1. Review the sequencing of planning approvals and community land revocation undertaken by the City of Victor Harbor;
  2. Consider whether the integrity of the Ministerial revocation decision has been compromised by planning certainty being granted in advance;
  3. Require full public disclosure of all relevant documents, agreements, assessments, and financial analyses relating to the project;
  4. Ensure that any decision regarding community land revocation is made free from undue pressure created by prior planning approvals.

Council Watch is not opposed to a genuine community sporting precinct. Our concern lies with secrecy, lack of full disclosure, and a process that advantages the applicant while bypassing established principles of transparent and accountable local government.

We would welcome the opportunity to meet with you or your advisers to provide further detail and supporting documentation.

This correspondence is provided in good faith as part of Council Watch’s public-interest oversight activities.

Yours sincerely,

Terry Andrews
Chair
Council Watch Fleurieu Inc.

Email: councilwatch44@gmail.com
Web: https://councilwatchvictorharbor.com/
Phone: 0451 140 543

Leave a comment