2017-04-11 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                      11 APRIL 2017


Land Act Provisions
The park area is State land dedicated as a Reserve for Recreation purposes for which Council is
trustee. The Land Act 1994 requires Council to manage the land to ensure uses are consistent
with the purpose of the reserve. While wedding ceremonies are deemed consistent with the
reserve purpose, conducting regular functions by a commercial business is not.
The Department of Natural Resources and Mines’ (DNRM) Secondary Use of Trust Land policy
provides guidance to trustees on use of trust land. Assessment of whether a new use is
appropriate can be a complex process and require the balancing of many factors. DNRM’s policy
provides the following 5 criteria that a trustee should utilise to assess applications:
1.       Strategic value - the proposed use should be appropriate to the strategic value of the land’s
         capabilities;
2.       Consistency with primary use – the proposed use should be consistent with the designated
         purpose of the trust and should also facilitate or enhance, not diminish, the purpose of the
         trust land;
3.       Commerciality – the strength of the commercial motive behind the proposed use and whether
         it will have a negative effect on the public interest;
4.       Exclusivity – refers to secondary occupation which excludes use by the wider community;
         and
5.       Incremental progression and forward planning – the proposed use may contribute to an
         incremental chain of events that lead to a final outcome quite different from that initially
         intended.
In addition to the above assessment criteria, prior to consenting to a proposal for commercial use
of a public reserve, a trustee must prepare a Land Management Plan providing evidence it has
undertaken suitable community consultation regarding any proposed expansion and intensification
of commercial activities. The upcoming Noosaville Foreshore Land Use Master Plan (the
Foreshore Plan) is an appropriate community consultation mechanism to fulfil the requirements of
the Land Act.
Given the importance of community consultation in deciding future uses of the foreshore, it is
considered important the Foreshore Plan be completed prior to consideration of long-term
commercial tenure at this location. There is also concern that approval of the request would create
a precedent for other commercial operators and may lead to unintended consequences.
It should be noted the applicant is a key stakeholder and it is recommended it be advised to provide
a submission when consultation for the Foreshore Plan commences.
Council continues to permit wedding ceremonies in parks and this aspect of community use of
reserves has ongoing support.


Planning Considerations
Advice received from Council’s Development Assessment branch regarding the proposal is:
 The site’s existing development approval is for a restaurant only. It was issued prior to adoption
   of The Noosa Plan when restaurants and function centres were separately defined uses. As
   such, Noosa Waterfront Restaurant does not have development approval to operate as a
   function centre. While The Noosa Plan now incorporates both uses under one defined use, it
   means approvals granted under the current scheme must assess the potential for impacts from
   a function centre and apply appropriate conditions. The site’s current development approval
   does not include conditions suitable for a function centre.
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