The 1011 square metre site is zoned as 'B2 Local Centre', which allows for general commercial use with some restrictions.

The council is stipulating that the site retain the current car park capacity in any use the site is put to by the new owners.

The new owner may develop the air space above the car park.

The EOI process will be used by the council to select a short list of potential subjects for further discussion.

An EOI tender is not a contract of sale, although the council may resolve to proceed to a sale or lease arrangement with a successful applicant.

The Kempsey Shire Council first resolved in June 2013 to seek EOI for the sale of the site.

It discussed four options for how this might be achieved:

Option 1, the sale of the site as is.

Option 2, the lease of airspace above the car park with a long-term lease being offered.

option 3, a combination of option 1 plus the lease of the airspace over the adjoining public road and footpath.

Option 4, a combination of option 2 plus the lease of the airspace over the adjoining public road and footpath.

A lease of airspace over a public road or footpath can only be granted by the director of State Planning and is limited to 99 years.

The sale is being advertised through local real estate agent Winsomes and handled by Robert McNamara.

Mr McNamara said the unique nature of the property made it difficult to estimate a sale price.

“In my experience in the Macleay there has never been a similar property put up for sale or lease with similar conditions attached,” he said.

“From that perspective it is a one-off.”

Pam Bryant, owner of the Crescent Head Foodstore, expressed doubts about the viability of a commercial retail development.

“Crescent Head expands and contracts with the holiday seasons but it doesn’t really grow,” she said.

“In fact there is limited scope for much expansion in the permanent population and the existing businesses would find it difficult if there was even more competition, especially in the off-peak times.”

The closing date for Expressions of Interest is 4pm on Friday August 24.