Owner's Consent (SCRC) - Development Application for Outdoor Dining MCU13/0069

Native Title Status

There is NO application or determination or claim of Native Title over the Park.
Native title was extinguished due to prior works on the Park; namely major public
earthworks to reclaim the site due to the 1971 Hays Island Development and
because the reserve was gazetted on 25"" October 1975, by Order of Council on 1*
November 1973 Attachment 2, which is prior to 1996.

 

 

jusels ofthe Subjectland Cee ee
Proposed Uses of the Land
The Concept Plan for the Park is attached as Attachment 9.

The proposed uses contained in the concept plan use the existing low-key
commercial outdoor dining as a way to further activate the Park. The outdoor dining
area will “open” the Park and ensure that the space is open and accessible to the
public. The management and control over the impacts of the commercial activity will
be regulated through the trustee permits.

The proceeds of the permits will be used to develop the non-commercial aspects of
the Park, with a focus on Park improvements, Park activation with an aim of
preventing crime and supporting recreation. The concept plan shows that the
outdoor dining areas are integrated into the Park, ensuring a seamless area of public
open space rather than closed private use. Key principles of this activation are:
management, legibility, connectivity and permeability with a blur definition of public
and private space, maintaining the natural character, increasing public usage and
providing facilities and amenities to support the desired functionality of the Park.

The proposed use of the Park will blend with the natural attributes of the Park and
enhance the primary use of the Park by the community.

Once upgraded, the new design will encourage more couples to hold weddings there,
encourage locals to interact more freely and for families staying in the surrounding
holiday accommodation to use the park as part of their holiday experience.

The Primary Use will continue to be that of a park providing primarily passive
recreation opportunities adjacent to the river. The Park will retain its current low-key,
natural appearance: that is, there will be a minimum of hard landscaping and formal
park features and furniture.

The Secondary Use proposed is for outdoor dining, which is an approved action by
the trustee and an inconsistent action with the purpose of the trust land under section
52(3) of the Land Act 1994. It is the opinion of the trustee that the inconsistent action
will not diminish the purpose of the trust land, and will not have an adverse
affect on any business in the area. The secondary use is generally in accordance
with existing Council policies for outdoor dining on footpaths, adjacent to the Quamby
Place centre businesses abutting the Park, in a strip approximately 5.0m wide.

That proposal for Secondary Use could, over time, accommodate additional outdoor
dining areas of up to approximately 30m? each, representing a total of 9.65% of the

foc
WASCC\FBIPBS\Business_Tech\Projects 201 1\Quamby Place2011\Trust Land Mgmt Plan Folder for DERM\Draft Quamby Place -
Trust Land Management Plan 2 May 2012 - APPROVED.doc