Enmore Park Plan of Management - Land
Enmore Park Plan of Management - Land Enmore Park Plan of Management - Land
ENMORE PARK – PLAN OF MANAGEMENT8.3.3 State Government PoliciesFood and Beverage Outlets on Crown Reserves, Policy Position (version 3 –20/12/2004)This policy prepared by the Department of Lands outlines considerations related tokiosk and restaurant use on Crown reserves.The policy notes that the gazettal of land as a Crown reserve for a specific purposedoes not necessarily allow it to be used for all the possible uses that the purposeimplies. The land uses within the reserve must also comply with:• uses that are permissible under the relevant environment planning instruments(EPIs) made under the Environmental Planning and Assessment Act, 1979; and• identification of the uses indicated for the reserve in a plan of management underthe Crown Lands Act 1989.In some cases restaurants are acceptable uses within most public purposes but are notalways identified as permissible uses in open space zones under Council’s localenvironment plans (LEPs).The following extracts are taken from the policy:Policy PositionThe establishment of food and beverage outlets would generally not be appropriate forreserves with the nominated public purpose of “environmental protection”; “ruralservices”; “travelling stock”; and “water”.Food and beverage outlets are generally considered to be acceptable uses on thereserves for public purposes. However, the facilities need to cater to the publicgenerally rather than an exclusive group.Leases and LicencesAny lease or licence for food and beverage outlets that comply with the public purposeof the reserve must sufficiently protect the public in their right to use the land for thepublic purpose of the reserve. Food and beverage outlets may not be established forspecial interest groups or used for functions. Expressions of interest should be calledfor the leasing or licensing of new food and beverage outlets on Crown reserves.SignageFacility signage on reserves should be kept to a minimum.Plans of ManagementAny proposal for the establishment of a food and beverage outlet on a public purposereserve should be contained in a plan of management made under the Crown LandsAct, 1989, to ensure that it is evaluated by the community and stakeholders and itsscope defined by the Plan.State Environmental Planning Policy (Infrastructure) 2007The aim of this Policy is to facilitate the effective delivery of infrastructure across theState by:(a) improving regulatory certainty and efficiency through a consistent planningregime for infrastructure and the provision of services, and(b) providing greater flexibility in the location of infrastructure and service facilities,and(c) allowing for the efficient development, redevelopment or disposal of surplusgovernment owned land, and(d) identifying the environmental assessment category into which different types ofinfrastructure and services development fall (including identifying certaindevelopment of minimal environmental impact as exempt development), and(e) identifying matters to be considered in the assessment of development adjacentto particular types of infrastructure development, and(f) providing for consultation with relevant public authorities about certaindevelopment during the assessment process or prior to developmentcommencing.The current playspace upgrade works are being undertaken as exempt developmentunder Clause 66 of the SEPP (infrastructure) 2007.Environmental Partnership 86October 2012
8.0 RELEVANT BACKGROUND INFORMATION8.3.4 Local Planning PoliciesMarrickville Local Environmental Plan 2001The aim of this plan is to establish the framework for future development within theMarrickville local government area.The objectives of this plan are:(a) to consolidate and update planning controls in the area, and(b) to create a land use framework which allows detailed provisions to be made indevelopment control plans, and(c) to enhance the quality of life and promote the well-being of the local community,and(d) to encourage new development to apply the principles of ecologically sustainabledevelopment, in particular, energy, water and stormwater efficiency, wastereduction and biodiversity conservation, and(e) to identify and conserve those items and localities which contribute to the local,built form, environmental and cultural heritage of Marrickville, and(f) to ensure that there are adequate controls to minimise aircraft noise impact uponresidential and community uses, and(g) to encourage housing affordability, diversity and choice, and(h) to promote an accessible and safe living environment, and(i) to maximise business and employment opportunities, particularly in Marrickville’sexisting commercial centres.The Marrickville Local Environmental Plan 2001 includes the zoning of Enmore Park as6a Open Space and identifies Enmore Park as a heritage item87 Marrickville CouncilOctober 2012
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ENMORE PARK – PLAN OF MANAGEMENT8.3.3 State Government PoliciesFood and Beverage Outlets on Crown Reserves, Policy Position (version 3 –20/12/2004)This policy prepared by the Department <strong>of</strong> <strong>Land</strong>s outlines considerations related tokiosk and restaurant use on Crown reserves.The policy notes that the gazettal <strong>of</strong> land as a Crown reserve for a specific purposedoes not necessarily allow it to be used for all the possible uses that the purposeimplies. The land uses within the reserve must also comply with:• uses that are permissible under the relevant environment planning instruments(EPIs) made under the Environmental <strong>Plan</strong>ning and Assessment Act, 1979; and• identification <strong>of</strong> the uses indicated for the reserve in a plan <strong>of</strong> management underthe Crown <strong>Land</strong>s Act 1989.In some cases restaurants are acceptable uses within most public purposes but are notalways identified as permissible uses in open space zones under Council’s localenvironment plans (LEPs).The following extracts are taken from the policy:Policy PositionThe establishment <strong>of</strong> food and beverage outlets would generally not be appropriate forreserves with the nominated public purpose <strong>of</strong> “environmental protection”; “ruralservices”; “travelling stock”; and “water”.Food and beverage outlets are generally considered to be acceptable uses on thereserves for public purposes. However, the facilities need to cater to the publicgenerally rather than an exclusive group.Leases and LicencesAny lease or licence for food and beverage outlets that comply with the public purpose<strong>of</strong> the reserve must sufficiently protect the public in their right to use the land for thepublic purpose <strong>of</strong> the reserve. Food and beverage outlets may not be established forspecial interest groups or used for functions. Expressions <strong>of</strong> interest should be calledfor the leasing or licensing <strong>of</strong> new food and beverage outlets on Crown reserves.SignageFacility signage on reserves should be kept to a minimum.<strong>Plan</strong>s <strong>of</strong> <strong>Management</strong>Any proposal for the establishment <strong>of</strong> a food and beverage outlet on a public purposereserve should be contained in a plan <strong>of</strong> management made under the Crown <strong>Land</strong>sAct, 1989, to ensure that it is evaluated by the community and stakeholders and itsscope defined by the <strong>Plan</strong>.State Environmental <strong>Plan</strong>ning Policy (Infrastructure) 2007The aim <strong>of</strong> this Policy is to facilitate the effective delivery <strong>of</strong> infrastructure across theState by:(a) improving regulatory certainty and efficiency through a consistent planningregime for infrastructure and the provision <strong>of</strong> services, and(b) providing greater flexibility in the location <strong>of</strong> infrastructure and service facilities,and(c) allowing for the efficient development, redevelopment or disposal <strong>of</strong> surplusgovernment owned land, and(d) identifying the environmental assessment category into which different types <strong>of</strong>infrastructure and services development fall (including identifying certaindevelopment <strong>of</strong> minimal environmental impact as exempt development), and(e) identifying matters to be considered in the assessment <strong>of</strong> development adjacentto particular types <strong>of</strong> infrastructure development, and(f) providing for consultation with relevant public authorities about certaindevelopment during the assessment process or prior to developmentcommencing.The current playspace upgrade works are being undertaken as exempt developmentunder Clause 66 <strong>of</strong> the SEPP (infrastructure) 2007.Environmental Partnership 86October 2012