2020-10-12 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                             12 OCTOBER 2020


   current economic climate and impacts of Covid, it is recommended that the Sails Restaurant
   be given 2 years to address these encroachments on to public land.
   Council’s Property Branch have provided the following comments in regards to the above:
   The land is road reserve and Council is the road Manager. Roads are managed under the
   Land Act 1994 and operational use under Section 66 of The Transport Operations (Road
   Use manager) Act 1995. Approvals for use of a road are issued under Local Law No.1
   (Subordinate Local Law No.1). Footpath dining is a consistent use on road and Council may
   authorise temporary structures over road or portable improvements on a road area in
   connection with a business being conducted on adjoining land for restaurant (e.g. footpath
   dining) retail or similar.
   Outdoor dining permits allow for dining only with the use of dining furniture and umbrellas
   within the approved area brought out and removed daily. Fixed structures on road reserve
   must be approved through a separate process. Applications are assessed on a case by case
   basis and can only be for temporary or portable improvements i.e. easily removed/relocated
   in connection with a business being conducted on adjoining land for restaurant (footpath
   dining) retail or similar purposes.
   The outdoor dining area for Sails restaurant has the ability to be completely enclosed when
   the awning is fully out with blinds that can be rolled down. The infrastructure installed would
   not lend itself to be classified as temporary or portable and appears to be an extension of the
   restaurant rather than outdoor dining space on public land.
   BBQ Area
   During an upgrade of the boardwalk along The Parade it was also identified that a BBQ and
   section of fence constructed by Netanya was on Council land. In 2018 Council agreed to not
   have the BBQ removed, however a Property Note was to be added to the property in
   Council’s record system stating ‘the BBQ owned and maintained by Netanya in the grassed
   area at the beach side of the property is partially located on the adjacent Council reserve,
   whilst Council are not instructing the Body Corporate to remove the BBQ, we reserve the
   right to do so if required’. Advice provided to Netayna Body Corporate at the time was that
   should the BBQ be replaced/upgraded at any stage, the BBQ is to be relocated wholly within
   the site, and is not permitted to be replaced on Council reserve. It is considered that the
   proposed total refurbishment of the site is an appropriate time to require the removal of the
   BBQ and fencing from Council land.




                             Figure 28: BBQ located on Council land


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