1

PLANNING AND ENVIRONMENT COMMITTEE

10 AUGUST 2016 1A

TRUSTEESHIP OF MANN STREET 51ST PARK, WESTCOURT – DIVISION 5 Nikki Williams | 1/58/16 | #5171038

RECOMMENDATION:

It is recommended that Council: 1. relinquishes its trusteeship of the reserve for park and recreation purposes

located over Lot 25 o n RP724143, (referred to as Mann Street 51st Park, Westcourt), to allow AFL Cairns to apply under the Land Act 1994 to purchase the site; and

2. formally advises the principal petitioner of this position.

EXECUTIVE SUMMARY:

Council has received a proposal from Australian Football League Cairns (AFLC) regarding relinquishing trusteeship of the subject reserve so they may apply under the Land Act 1994 to purchase the site to improve facilities at Cazaly’s stadium (refer Attachment 1). Public consultation was coordinated by officers to seek the community’s feedback on the proposal. The outcome of this process is summarised in Attachment 2. During the consultation period a petition was received including 114 signatures in favour of Council retaining the reserve which is provided in Attachment 4. Council currently manages 298 parks across the region. In addition to Mann Street 51st Park there are four other facilities within reasonable walking distance of residents in the suburb of Westcourt. The local community would not be adversely impacted if the subject park was removed from the network as there will continue to be adequate space within the catchment according to the standards specified in the Public Open Space Policy. This consideration along with the feedback received by the public form the basis of the recommendation. BACKGROUND:

AFLC is a high profile sporting organisation with increasing levels of participation across the region. Over a number of years, AFLC has purchased land around the Cazaly’s stadium site in Westcourt and currently own all but one of the lots surrounding the subject park. Attachment 3 shows the extent of this strategy. AFLC have advised that a car park is the primary purpose for acquiring Mann Street 51st Park.

2

Mann Street 51st Park is a reserve for park and recreation purposes held in trust by Council from the State Government under the provisions of the Land Act 1994. The lot is 2,732m2 and does not have any embellishments. There are several mature trees within the park which provide good shade and habitat to a range of wildlife. In 1989 Cairns City Council at the Planning and Building Committee Meeting voted to withdraw its offer for the use of this land by the Cairns Community Housing Co-op as the site was considered unsuitable. On 25 March 2009 Council resolved not to issue a trustee lease to Cairns Men’s Shed over the subject park. COMMENT:

Under Council’s Public Open Space Policy, Mann Street 51st Park is categorised as a Local Park however, does not meet the minimum standards. Given the narrow entrance into the park and shape of the lot itself, the visual exposure through the site is considered poor, according to Crime Prevention through Environment Design (CPTED) principles. Westcourt is well serviced with public open space and an assessment of the surrounding area indicates that the following facilities are all within a reasonable walking distance: • Earl Street Park – 400 metres away • Jackson Close Park – 350 metres away • Sidney Park – 600 metres away • Lennon Street Park – 600 metres away Lennon Street is categorised as a major District Park meaning it has a high standard of embellishments including toilets, parking, playgrounds, lighting and a dog off leash area. OPTIONS:

Option 1: (recommended) It is recommended that Council: 1. relinquishes its trusteeship of the reserve for park and recreation purposes located

over Lot 25 on RP724143, (referred to as Mann Street 51st Park, Westcourt), to allow AFL Cairns to apply under the Land Act 1994 to purchase the site and

2. formally advises the principal petitioner of this position. Option 2: That Council retains trusteeship of the reserve for park and recreation purposes over Lot 25 on RP724143 known as Mann Street 51st Park, Westcourt and advises the principle petitioner accordingly.

3

CONSIDERATIONS:

Risk Management:

Public outcry – this represents a low risk to Council as the land does not meet the requirements for a local park under the Public Open Space Policy and is considered poorly located from a CPTED perspective. Influence over future development – this represents a low risk to Council as it can impose conditions through the development application process under the Sustainable Planning Act 2009. Reduced public amenity – this represents a low risk to Council as the area is well serviced with public open space. Council Finance and the Local Economy: Council currently manages 298 parks across Cairns, 245 of these are local level parks. The cost of maintaining these facilities should be considered particularly when parks do not meet minimum standards or if there is an oversupply within the catchment. Community and Cultural Heritage

The 51st Battalion, Far North Queensland Regiment (51 FNQR) within the Australian Army previously occupied the building which is now owned by AFLC and used for administration purposes. Refer to Lot 10 SP171190 within Attachment 3. This connection to the 51st Battalion could also be considered as part of future DA considerations. Natural Environment

There are several mature trees within the park, five of which are melaleuca native specimens. These trees are in good condition and provide nests for a variety of birds. Council may condition future developments over the subject land to ensure these trees are preserved. Corporate and Operational Plans:

Corporate Goals 1.1, 2.4 and 3.1. Policy:

Cairns Public Open Space Policy 2013. CONSULTATION:

Public comments about Council’s ongoing trusteeship of the community purpose reserve have been sought. The outcome of this exercise is summarised in Attachment 2.

4

A petition with 114 signatures in favour of Council retaining the reserve was submitted to Council during the public notification period and tabled at the Ordinary meeting held on Wednesday 27 July 2016, refer to Attachment 4. ATTACHMENTS:

Attachment 1 - AFL Cairns Proposal Attachment 2 - Public Notification Brief Attachment 3 - AFL Cairns Property Portfolio 2015 Attachment 4 - Petition

Nikki Williams Leisure Planner

Brett Spencer Manager Parks and Leisure

Linda Kirchner General Manager Community Sport and Cultural Services

5

Attachment 1 – AFL Cairns Proposal

6

7

Attachment 2 Public Notification Brief

8

Council received comments from five people during the public notification period along with a petition including 114 signatures.

Comments Received Parks & Leisure Review Petition • Document received by CRC CEO on 12 July 2016.

• AFL Cairns are a community club that directly benefits the football and greater community.

• Public Open Space Network includes four other parks within 400-600 meter distance from Mann Street 51st Park plus the new active travel pathway currently under construction.

Old nesting trees, park is used for walking dogs and play space for children.

• Several trees are in good condition and worth retaining. • Mann Street 51st Park is not a dog off leash park, dogs on lead can

be exercised there but caution to wildlife and children must be considered as this is only a small park.

• Dog off leash area in Lennon Street Park, 600m away. • The park is not embellished with any park infrastructure.

Lennon Street Park, concerns that park is unsafe. • Referencing CRM’s back to 2008; graffiti and stray dog’s are most common reports. Playground safety repair issues have been addressed, toilets regularly cleaned and broken lights replaced.

• Park has adequate CPTED provisions and it has good lighting. Park used for children riding their bikes. • Mann Street bike path is currently under construction which will

provide a safe, active and healthy pathway for the community. Nature Reserve/Environmental Park • Public Open Space Policy categorises Mann Street 51st Park as a

Local Park. Not bushland, conservation or an environmental area. Resident claims that Sidney Street Park does NOT exist. • Correct name is Sidney Park, location details are;

18 Brennan Street, MANUNDA. Lot 29 RP724957 Resident claims that Brophy Street Park DOES exist. • No Brophy Street Park listed, this is likely mistaken for Jackson

Close Park. Resident claims that Rose Blank and other Elected Members of Cairns City Council withdrew support to develop the land for community housing.

• Council report would predate 1990 (Rose Blank Acting Mayor), required search with State Archives;

• Council report dated 25 March 2009 resolved not to issue a trustee lease to Cairns Men’s Shed – Mann Street Westcourt over part of lot 25 on rp724143 – park and recreation reserve.

9

Attachment 3 AFL Cairns Property Portfolio 2015

Highlighted parcels are owned by AFL Cairns

Lot 25 on RP724143 reserve for park and recreation

10

Attachment 4 Petition

11

12

13

14

15

16

17