2014-04-28 General Committee Meeting Agenda Pages 65-200

GENERAL COMMITTEE MEETING AGENDA                                                    28 APRIL 2014




                                                                           Council Policy
                                                             COMMERCIAL USE
                                                          OF COMMUNITY LAND


    Corporate Plan Reference:                 <Insert Corporate Plan Theme and Priority>

    Endorsed by Council:                      <Insert Date of Ordinary Meeting >

    Policy Author:                            Coordinator Property and Land Management


POLICY BACKGROUND

The Noosa Shire is strongly focused on a sustainable future and ensuring that our natural
environment is valued, conserved and enhanced. Community land is a precious part of the
environment which is in high demand from the commercial sector. This demand needs to be
carefully managed in accordance with the needs of the community and the environment so that
community use is not unreasonably diminished and the environment is preserved. The
Commercial Use of Community Land Policy sets out the parameters for Council’s approach for
permit applications for the commercial use of community land.

COUNCIL POLICY

Policy Scope:

This Policy:
       Applies to a person or business undertaking commercial activity on Council controlled
        community land; and
       Includes freehold land and trustee land under the control of Council such as parks
        reserves, roadways (not state controlled roads), pathways, footpaths, foreshores and
        bathing reserves

The holding of the land determines the legal framework that applies. The Land Act 1994 applies
to reserves under the control of Council (state land). Local laws generally apply to Council
freehold land and roadways, foreshores and bathing reserves.

The Policy does not apply to:
       Footpath trading and dining, markets, leased sports grounds, street performers,
        commercial leases and events; and
       Non-commercial recreation use by the community, not-for profit organisations, and school
        curriculum activities.

Guiding Principles

       The community’s use and need for the land takes precedence over commercial operators’
        need;



                                                                                   Page 120 of 200