Generic Plan of Management General Community Use · DOC 2017/040745 Recreation Services _ Draft...

Generic Plan of Management

General Community Use

2

DOC 2017/040745 Recreation Services _ Draft Plan of Management _ General Community Use

Contents .......................................................... 2 Introduction ..................................................... 3

What is a Plan of Management? .................................................. 3 Aims of this Plan of Management ............................................... 3 Land to Which this Plan Applies .................................................. 4 Land Which is Not Covered by this Plan of Management 4 What Dealings can Council Have in Community Land? ..... 4

COMMUNITY ENGAGEMENT ................................ 4 LEGISLATIVE CONTEXT ...................................... 4

Local Government Act 1993 ........................................................... 5 Table 1: Preparation of a Plan of Management for Community Land ................................................................................ 5 Environmental Planning and Assessment Act, 1979 ............. 5 Companion Animals Act, 1998 ...................................................... 5 Disability Discrimination Act, 1992 .............................................. 5 Rural Fires Act, 1997 .......................................................................... 6 Heritage Act, 1977 .............................................................................. 6 Threatened Species Conservation Act, 1995 ........................... 6 Native Vegetation Act, 2003 .......................................................... 6 Biosecurity Act, 2015 ......................................................................... 6 Water Management Act, 2000...................................................... 7 Other Statutory Provisions ............................................................. 7 Ecologically Sustainable Development and Community Land ......................................................................................................... 7

CATEGORISATION ............................................. 8 CORE OBJECTIVES ............................................ 8 PERMISSIBLE USES FOR GENERAL COMMUNITY USE ................................................................. 8

Signage .................................................................................................. 9 Special Events ..................................................................................... 9 Sale of Alcohol .................................................................................... 9 Infrastructure and Community Facilities ................................... 9

LEASES AND LICENSES ................................... 10 Public Notification............................................................................ 10 Sort Term Casual license ............................................................... 10 Means of Granting Leases, Licences and other Estates ..... 11 Fees and Charges/Conditions of Hire ....................................... 11

KEY ISSUES.................................................... 11 Safety and Risk Management....................................................... 11 Maintenance ...................................................................................... 12 Access and Connectivity ................................................................ 12 Environment ....................................................................................... 12 Community Involvement ............................................................... 13 Landscape Design and Character .............................................. 13 Recreational Use ............................................................................... 13 Dogs ...................................................................................................... 13 General Community Use Management Issues and Action Plan ........................................................................................................ 14

Review .......................................................... 22 SCHEDULE A .................................................. 23

Contents

3


Introduction

This document is a Generic Plan of Management. It applies to Council owned community land categorised as “General Community Use” under the Local Government Act 1993. The document will be identified as a Plan of Management.

What is a Plan of Management? A Plan of Management provides a framework for the management and development of community land. Plans of Management provide Council with a current inventory of resources and general guidelines for the future development of community land. This enables Council to budget and source funds for the future maintenance, improvement and development of community land.

Aims of this Plan of Management This Plan of Management aims to:

provide a practical approach to the planning and management of community land;

ensure that the public use and enjoyment of community land be encouraged;

respond to current needs and opportunities as well as providing future directions;

reflect the values and expectations of the key stakeholders, the local and wider community and other users for the future use and enjoyment of community land;

meet all legislative requirements; and be consistent with Council’s Community Strategic Plan,

adopted Delivery Program, Property Management Plan and other adopted strategies, plans and policies.

Project Timeframe

ISSUE DATE DESCRIPTION COUNCIL OFFICER

1 May 2017 Draft Version Emma Crosdale

20 September

2017

Council Meeting

Emma Crosdale

Public Notification

Public Hearing

2 Final Version

Adoption by Council

4


Land to Which this Plan Applies This Plan of Management applies to community land that is managed by Council and categorised as “General Community Use” under the Local Government Act 1993. Community land is land which is managed by the Council for the benefit of local residents and visitors and legislated under the Local Government Act 1993.

Schedule A outlines the location and description of the land covered by this Plan of Management. A locality map and maps that identify multiple categories within a parcel of community land are also included.

Land Which is Not Covered by this Plan of Management Land which is not covered by this Plan of Management includes:

community land covered by a site specific Plan of Management;

community land covered by a Generic Plan of Management for Parks, Sportsgrounds, Natural Areas, General Community Use – Community Facilities or General Community Use – Drainage;

Council owned land classified as operational land; land covered by a recovery plan (such as Kurri

Sand Swamp Woodland Endangered Ecological Community Recovery Plan);

land affected by cultural heritage; and land which is owned or managed by other

entities. This includes Crown land where Council is the trust manager of the land. Crown land is managed in accordance with the Crown Lands Act 1989 and therefore this land is not included in this Plan of Management.

What Dealings can Council Have in Community Land? Council may grant a lease or licence on

community land, but only in accordance with the Local Government Act 1993;

Council has no power to sell, exchange or otherwise dispose of community land, except for the purpose of enabling that land to become, or be added to, a Crown reserve or land reserved or dedicated under the National Parks and Wildlife Act 1974; and

Council may grant any other estate in community land to the extent permitted by the Local Government Act 1993.

COMMUNITY ENGAGEMENT Plans of Management are public documents and as such require consultation with key stakeholders and analysis of community feedback prior to their formation. This includes interested community groups, sporting groups, local land owners and local residents. Section 38 of the Local Government Act 1993 requires Council to publicly exhibit a draft Plan of Management. A Council must:

place a copy of the draft Plan of Management on public display for at least 28 days;

give public notice of the draft Plan of Management specifying that submissions may be made not less than 42 days after the draft plan is placed on exhibition;

consider all submissions received concerning the draft Plan of Management;

if appropriate, amend the draft Plan of Management accordingly in response to public submissions;

re-exhibit the draft Plan of Management if the amendments are substantial;

hold a public hearing into the draft Plan of Management; and

give notice of the adoption of an amended Plan of Management if it is not re-exhibited.

As this Plan of Management applies to a large number of parcels of community land, it is not feasible to conduct targeted consultations for each parcel. Any major developments or embellishments to community land arising from this Plan of Management will be subject to further community engagement.

LEGISLATIVE CONTEXT The following section details the primary legislation that needs to be considered in the preparation of a Plan of Management.

5


Local Government Act 1993 The Local Government Act 1993 requires that Council must have a Plan of Management for all community land. A plan may apply to one or more areas of community land, providing all the requirements of the Local Government Act 1993 are fulfilled.

Section 35 of the Local Government Act 1993 provides that community land can only be used in accordance with:

the Plan of Management applying to that area of community land;

any law permitting the use of the land for a specified purpose or otherwise regulating the use of the land; and

the provisions of Part 2, Division 2 of Chapter 6 of the Local Government Act 1993.

Table 1 specifies the items which much be identified in a Plan of Management for community land.

Table 1: Preparation of a Plan of Management for Community Land

Section 36 LOCAL GOVERNMENT ACT, 1993

PREPARATION OF PLAN OF MANAGEMENT FOR COMMUNITY LAND

Items to be Identified [s36(3)]:

a) the category of the land; b) the objectives and performance targets

of the plan with respect to the land; c) the means by which the Council

proposes to achieve the plan’s objectives and performance targets; and

d) the manner in which the Council proposes to assess its performance with respect to the plans objectives and performance targets, and may require the prior approval of the council to the carrying out of any specified activity on the land.

Other legislation pertaining to the management of community land include:

Environmental Planning and Assessment Act, 1979 The Environmental Planning and Assessment Act 1979 establishes the statutory planning framework for environmental and land use planning in NSW through State Environmental Planning Policies, Regional Environmental Plans and Local Environmental Plans. The Environmental Planning and Assessment Act 1979

also sets out processes for approving development applications and enabling development to proceed on public and private land through alternative processes known as exempt or complying development.

Companion Animals Act, 1998 The Companion Animals Act 1998 aims to promote responsible animal ownership in NSW. Under the Companion Animals Act 1998, dogs in public places must be on a lead under the effective control of a competent person, except in a declared off-leash area. Dogs are prohibited within 10 metres of children’s play areas, food preparation/ consumption areas, and recreation areas where dogs are prohibited by the local authority. If a dog defecates in a public place, the dog owner must remove and dispose of it in a rubbish receptacle.

Disability Discrimination Act, 1992 The Disability Discrimination Act 1992 is a Commonwealth Act that aims to eliminate, as far as possible, discrimination against people with disabilities in many areas, including access to premises. It also aims to promote recognition and acceptance in the community that people with disabilities have the same fundamental rights as the rest of the community.

The Disability Discrimination Act 1992 covers a range of areas including sport and recreation, and access to premises. It requires that people be able to access any building which the public is entitled to enter or use through the primary entrance used by the general public. It further requires that people should have access to any services and facilities provided in those buildings.

6


Rural Fires Act, 1997 The Rural Fires Act 1997 aims to provide for the prevention, mitigation and suppression of bush and other fires in Local Government Areas and Rural Fire districts. It also includes an aim of co-ordinating bush firefighting and prevention, protection of persons from injury and death and property from damage due to fires. Under this Act, there is a continuous chain of command from the Commission to the fire-fighter within the NSW Rural Fire Service. There is also an emphasis on having regard to the principles of ecologically sustainable development when carrying out firefighting and prevention activities.

Heritage Act, 1977 The Heritage Act 1977 aims to conserve the environmental heritage of NSW. Proposed changes affecting sites on the State Heritage Register and the management of archaeological and maritime archaeological sites are covered by this Act. The Heritage Act 1977 also applies to managing excavation that may affect archaeological relics. Community land which is affected by a heritage item is not included within this Plan of Management as it will be covered by a site specific Plan of Management.

Threatened Species Conservation Act, 1995 The Threatened Species Conservation Act 1995 aims to conserve threatened species, populations and ecological communities of flora and fauna state-wide. The main objectives are to conserve biological diversity, prevent the extinction of threatened species, promote the recovery of threatened or endangered

species and reduce the pressures that threaten such species.

Where a threatened species or endangered local community (as listed by the Threatened Species Conservation Act 1995), or its habitat occurs on community land, the Threatened Species Conservation Act 1995 applies to that site.

Native Vegetation Act, 2003 The Native Vegetation Act 2003 aims to promote and encourage the growth and restoration of native vegetation and prevent the inappropriate clearing of native vegetation. Native vegetation must not be cleared except in accordance with development consent granted in accordance with the Native Vegetation Act 2003, or with a property vegetation plan. Clearing of native vegetation that is unprotected regrowth is permitted. The clearing of native vegetation that comprises only groundcover is permitted if the vegetation comprises less than 50% of indigenous species of vegetation, and not less than 10% of the area is covered with vegetation (whether dead or alive). Where community land contains Native Vegetation, it will be managed in accordance with the provisions of the Native Vegetation Act 2003.

Biosecurity Act, 2015 The Biosecurity Act 2015 is about managing diseases and pests that may cause harm to human, animal or plant health or the environment. Council is a Local Control Authority under Section 370 of the Biosecurity Act 2015 and Section 371(1) of the Biosecurity Act 2015 prescribes the functions of Local Control Authority in relation to weed management. They are as follows: the prevention, elimination, minimisation and

management of the biosecurity risk posed or likely to be posed by weeds,

to develop, implement, co-ordinate and review weed control programs,

to inspect land in connection with its weed control functions,

to keep records about the exercise of the Local Control Authority functions under the Biosecurity Act 2015,

to report to the Secretary about the exercise of the Local Control Authority functions under this Act.

Section 372 of the Biosecurity Act 2015 provides Local Control Authority with the authority to appoint authorised officers to control weeds on community land covered in this Plan of Management.

7


Water Management Act, 2000 The Water Management Act 2000 aims to sustain and integrate the management of the State’s water for the benefit of both present and future generations. The Water Management Act 2000 is based on the concept of ecologically sustainable development – development today that will not threaten the ability of future generations to meet their needs. The Water Management Act 2000 was developed because NSW was at the limit of its available water resources and the decline in the health of our rivers, groundwater, floodplains and estuaries was evident with increasing water quality problems, loss of species, wetland decline and habitat loss.

Other Statutory Provisions The Department of Local Government “Public Land Management” Practice Notes (May, 2000) were developed to assist Local Government with the management of public land.

The Notes set out guidelines for the preparation of Plans of Management which have been considered in the development of this Plan of Management.

Council also has many adopted policies which could affect how community land is used. Relevant legislation, plans and policies that guide the management of community land identified in this Plan of Management are available on Council’s website (www.cessnock.nsw.gov.au).

Council also has a number of guidelines and plans that affect the management of community land. These include:

Council’s Engineering Guidelines Asset Management Plans

Floodplain Management Documents.

Council is continuously updating its policies in an effort to improve its services to the community.

Each year Council adopts its own Operational Plan, derived from the four year Delivery Program, which focuses on the financial aspects of Council’s operations. The Operational Plan identifies key projects and the allocation of funding to the management of its community infrastructure, such as roads and footpaths, community centres, parks, sporting fields and natural areas in terms of services and capital projects. Much of the major infrastructure within the local government area is in critical need of significant repairs and maintenance.

In addition, Council’s Property Management Plan identifies all land and buildings owned and managed by Council and provides a framework for the management of the land.

Ecologically Sustainable Development and Community Land All Plans of Management prepared by Council take into consideration the philosophy of Ecologically Sustainable Development. The National Strategy for Ecologically Sustainable Development defined Ecologically Sustainable Development as “development that improves the total quality of life, both now and in the future, in a way that maintains ecological processes on which life depends”. There are a number of guiding principles of Ecologically Sustainable Development relevant to local councils.

These principles are:

Integration – the effective integration of environmental, social and economic considerations in decision making,

Ecological integrity – to protect ecological diversity and maintain essential ecological processes and life support systems,

Continual improvement – declining environmental situations means there is an imperative to take immediate action to become more sustainable,

Equity within and between generations – fairness and equal access to opportunities both in our lifetimes and future generations,

Precautionary behaviour – where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason to postpone measures to prevent it.

http://www.cessnock.nsw.gov.au).

8


As community land is for the enjoyment of current and future generations, Ecologically Sustainable Development principles underpin Council’s approach to its management of land, and form an important part of this Plan of Management.

CATEGORISATION Section 36 of the Local Government Act 1993 requires that community land be categorised into the following categories:

Natural Area (Bushland, Wetland, Watercourse, Escarpment, Foreshore);

Sportsground; Park; Area of Cultural Significance; or General Community Use.

This Plan of Management deals specifically with community land categorised as “General Community Use”.

Clause 106 of the Local Government (General) Regulation 2005 provides guidelines for categorising community land as “General Community Use”:

“Land should be categorised as general community use under section 36(4) of the Act if the land:

(a) may be made available for use for any purpose for which community land may be used, whether by the public at large or by specific sections of the public, and

(b) is not required to be categorised as a natural area under section 36A, 36B or 36C of the Act and does not satisfy the guidelines under clauses 102–105 for categorisation as a natural area, a sportsground, a park or an area of cultural significance.

CORE OBJECTIVES Section 36(I) of the Local Government Act 1993 states that the core objectives for community land categorised as “General Community Use” are:

To promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public:

(a) in relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public, and

(b) in relation to purposes for which a lease, licence

or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities).

PERMISSIBLE USES FOR GENERAL COMMUNITY USE This section outlines the general uses and forms of development which may occur on community land categorised as a General Community Use. Cessnock City Council intends to facilitate a wide range of uses and activities within its buildings, recreational and sporting facilities which will increase the vitality and general enjoyment of the land while having minimal impact on the surrounding area.

The permissibility of development proposed for community land is to be considered in accordance with the Cessnock Local Environmental Plan (2011). Plans of Management cannot override, or replace, or stand in place of planning instruments such as Local Environmental Plans.

The proponent of any development of land covered by this Plan of Management must provide written details of any proposal with Council who will determine whether the proposed development will receive in principle owner’s consent from Council.

Section 47E (1) of the Local Government Act 1993 states that a development on community land requires Council approval (i.e. Council are not permitted to delegate the authority of approving development to Council staff) if:

(a) the development involves the erection, rebuilding or replacement of a building (other than a building exempted by or under subsection (2) from the operation of this paragraph), or

(b) the development involves extensions to an existing building that would occupy more than 10 per cent of its existing area, or

9


(c) the development involves intensification, by more than 10 per cent, of the use of the land or any building on the land, or

(d) the location of the development has not been specified in the plan of management applying to the land and the development is likely, in the opinion of the council, to be unduly intrusive to nearby residents.

Section 47E (2) states that the following buildings are exempt from subsection (1) (a):

(a) toilet facilities, (b) small refreshment kiosks, (c) shelters for persons from the sun and weather, (d) picnic facilities, (e) structures (other than accommodations for

spectators) required for the playing of games or sports,

(f) playground structures, (g) work sheds or storage sheds, (h) buildings of a kind prescribed by the regulations.

Section 47E (3) states:

An "existing area" referred to in subsection (1) (b) does not include the area of any awning, balcony, verandah or other thing that extends beyond the main structural outline of the building.

Section 47E (4) states:

A delegation granted before the commencement of this section, to the extent that the delegation could not have been granted if this section had been in force at the time it was granted, is void.

Note: The aforementioned reference to Section 47E of the Local Government Act 1993 was current at the time of writing this Plan of Management. It is advised that all applications for development on community land refer directly to the Local Government Act 1993 at the time of lodging.

Signage Permissible signage includes signs that are erected by Council to regulate various activities under Section 632 of the Local Government Act 1993; these include but are not limited to, signs advising the reserve name and/or facilities contained within it, directional signs and traffic signs. Any signage that is not specifically exempt under an Environmental Planning Instrument will require an application for development consent. Council will determine development applications for signage by assessing applications in accordance with the Environmental Planning & Assessment Act 1979, the Cessnock Local Environmental Plan and the relevant Development Control Plan.

Special Events

For special events such as carnivals, trade shows and other commercial use, Council will consider all applications for use and assess all applications lodged with Council. Any approvals will be accompanied by conditions and a fee. A bond may apply to ensure any necessary restoration works are undertaken. Applications for special events will need to be prepared in consideration of Council’s relevant Development Control Plan and adopted Fees and Charges.

Sale of Alcohol The sale of alcohol by a sporting or community committee, club, or group requires the approval from the NSW Liquor and Gaming through the issue of a Limited Licence. When making an application for the use of an area for the sale of alcohol, applicants are required to comply with any requirements of both the Department of Industry Liquor & Gaming and Council. The licence must be produced to Council in each instance.

Council may resolve that the consumption of alcohol is prohibited within certain areas, either completely or between certain hours. This is usually due to inappropriate use of an area, malicious damage to property, littering, offensive behaviour or other crimes. Under Section 632 of the Local Government Act 1993, Council is authorised to erect signs prohibiting certain activities.

Infrastructure and Community Facilities Council may construct or approve construction of a variety of facilities on community land. Projects proposed by external persons such as community groups must accord with Council’s own strategic plans

10


and the provisions of any applicable legislation and environmental planning instruments. Council may request that a written proposal be submitted outlining a description of the project, proposed location, estimated costs, scaled plans, justification for the proposed works, future maintenance requirements and other elements relevant to the project.

LEASES AND LICENSES Section 45 & 46 of the Local Government Act 1993 outlines leases, licences and other estates in respect of community land generally. Any lease and/or licence must comply with the sub points outlined within these sections of the Local Government Act 1993.

A lease/licence is a contract between a land owner and another entity, granting that entity a right to occupy an area for a specified period of time. The main difference between a lease and licence is that a licence does not permit the sole, or exclusive, use of the area. Licences may be granted to formally recognise and endorse shared uses.

Any lease or licence agreement existing at the commencement of this Plan of Management will remain valid until the end of its term. Any further lease or licence for land covered by this Plan of Management must comply with the legislation and be consistent with the core objectives of this Plan of Management.

Where a lease or licence arrangement has been entered into with Council for community land, subleasing or sublicensing of any portion of that land must be with the approval of Council and in accordance with the requirements of Section 47C of the Local Government Act 1993 and Clause 119 of the Local Government (General) Regulation 2005.

Council will consider leasing areas of the land covered by this Plan of Management in accordance with the relevant core and secondary objectives and relevant Council plans or strategies including, but not limited to, Councils adopted Recreation and Open Space Strategic Plan, Property Management Policy and Property Management Guidelines.

Council will consider entering a lease or licence agreement for the following uses, as defined by the Local Government Act 1993 and Environmental and Planning Assessment Act 1979, for community benefit:

the provision of public utilities and associated works and the purpose of providing pipes, conduits or other connections under the surface of the ground for the connection of premises adjoining the community land to a facility of the Council or other public utility provider situated on the community land;

for a purpose prescribed by any of sections 36E to 36N of the Local Government Act 1993 as a core objective of the categorisation of the land concerned;

for a purpose prescribed by the regulations; short term casual purpose as prescribed by the

Local Government (General) Regulation 2005-Clause 116 (see ‘Short Term Casual Licence’ over page);

refreshment kiosks and restaurants; mobile vending operators; welfare centres; child care centres and family day care centres; dwellings; community activities; telecommunication towers; camping grounds; markets; and the management of facilities on behalf of Council.

Public Notification All lease, licences or grants of other estate must be advertised and the community notified in accordance with the provisions of Sections 47 (terms greater than five years) and 47A (terms less than five years) of the Local Government Act 1993 Council is required to allow the community at least 28 days to make a submission for all leases and licences on community land.

Sort Term Casual license Short term licences and bookings may be used to allow Council to program different uses at different times, allowing the best overall use. Cause 116 of the Local Government (General) Regulation 2005 provides a number of uses for which Council may grant a short term casual licence on community land:

(1) For the purposes of section 46 (1) (b) (iii) of the Local Government Act 1993, the use of occupation of community land for the following events is prescribed as a purpose in respect of which a Council may grant a licence in respect of community land on a short-term, casual basis: (a) the playing of a musical instrument, or

singing, for fee or reward; (b) engaging in a trade or business; (c) the playing of a lawful game or sport; (d) the delivery of a public address; (e) commercial photographic sessions; (f) picnics and private celebrations such as

weddings and family gatherings; (g) filming sessions; (h) the agistment of stock.

11


(2) However, the use or occupation of community land for events listed in subclause (1) is prescribed only if the use or occupation does not involve the erection of any building or structure of a permanent nature.

(3) For the purposes of section 46 (1) (b) (iii) of the Act, the use of any existing road or fire trail on community land:

(a) to transport building materials and equipment

required in relation to building work that is to be, or is being, carried out on land adjoining the community land, or

(b) to remove waste that is consequential on such work is prescribed as a short-term, casual purpose.

(4) For the purposes of section 46 (1) (b) (iii) of the Act, the use of any community land that does not have an existing road or fire trail:

(a) To transport building materials and

equipment required in relation to building work that is to be, or being, carried out on land adjoining the community land, or

(b) To remove waste that is consequential on such work, is prescribed as a short-term, casual purpose if such work is for a purpose referred to in section 46 (4) (a) (ii) of the Act.

(5) In this clause, “existing road or fire trail” means a road or a fire trail that was in existence on 1 January 2001 (the date on which the Local Government (General) Amendment (Community Land) Regulation 2000 commenced).

The use or occupation of community land for these purposes is prescribed only in accordance with the Local Government (General) Regulation 2005.

Means of Granting Leases, Licences and other Estates Section 46A of the Local Government Act 1993 requires that a lease, licence or other estate for community land exceeding five years may only be granted by tender, unless applied for by a non-profit organisation. Council will consider all lease, licences or other estates, unless applied for by a non-profit organisation, in accordance with Council’s Procurement Policy, Property Management Policy and Property Management Guidelines.

A council must not grant a lease or licence for a period (including any period for which the lease or licence could be renewed by the exercise of an option) exceeding 30 years.

Fees and Charges/Conditions of Hire Council sets fees and charges for use of facilities in order to:

maximise opportunities for use; allocate and regulate use; contribute to cost recovery; and improve fairness and equality

Council reviews its fees and charges annually and these are advertised on Council’s website (www.cessnock.nsw.gov.au).

Operating committees/incorporated bodies/allocated user groups can make recommendations to Council regarding appropriate fees for the facilities that they manage although they are not empowered to set or apply fees without Council approval.

Council facilities are allocated and approved for use by Council or an appointed committee subject to the conditions of hire determined by Council. Failure to comply with these conditions may result in a user forfeiting the opportunity for future use of Council facilities.

KEY ISSUES

Safety and Risk Management Safety is an issue Council must address on a regular basis. There are statutory responsibilities Council is obliged to abide by under common law to ensure the appropriate steps are undertaken to protect people from reasonably foreseeable or risk in the use of public spaces and public assets. Community land and associated facilities must be maintained to an acceptable standard to ensure the safety of the community. The following issues need to be identified and considered when addressing safety issues for land classified as General Community Use:

http://www.cessnock.nsw.gov.au).

12


Due to the distributed location of community land across the LGA staff are unable to inspect each site on a regular basis;

The effects of anti-social behaviour are ongoing; Community land can be effected by natural

disasters such as fire, flood or severe weather conditions and this poses a threat to the safety of the users;

Illegal dumping is often an issues within community land classified as general community use and this could pose a threat to the safety of the users;

Unsafe tracks and access points; Dogs, off leash, can threated the health and

safety of other users.

Maintenance Maintenance of community land is one of Council’s core business areas. In keeping with Council’s service levels, Council is required to meet appropriate standards whilst facing ever-increasing workloads and stringent budget allocation.

Community land identified within this Plan of Management is maintained by Cessnock City Council or by other parties under a lease or licence agreement, management agreement or in accordance with Section 355 of the Local Government Act 1993.

The maintenance of community land includes but is not limited to the following:

tree maintenance including pruning and removal of dead trees;

mowing; rubbish removal; irrigation; building/equipment repairs; weed control; and addressing acts of vandalism.

The frequency of inspection of facilities is dependent upon a number of factors which will vary from year to year. For example, after prolonged periods of wet weather tractors may not be able to enter some areas for several weeks due to soil consistency and poor drainage. Poor access for maintenance purposes could prove costly in the long run.

Access and Connectivity Access and parking are very important issues in the management of community land. Issues that are commonly encountered when managing community land include:

Community land is not always easily accessible for people with disabilities and/or mobility challenges and pathways are not generally constructed;

Limited access for pedestrians and cyclists; As most community land classified as General

Community Use are unfenced, unauthorised vehicle access can cause problems and access tracks through areas exposes them to vandalism, anti-social behaviour and the dumping of rubbish;

Provision of emergency access can often not be provided. Flood and fire evacuation of users’ needs to be addressed and considered where appropriate.

Active transport modes such as walking and cycling provide great benefits to the health and well-being of the community. Open space linkages provide greater movement as more and more people are now cycling or walking for pleasure. Cycleways and walkways could be provided on existing public reserves, wildlife corridors, drainage reserves, transmission line easements, road reserves and disused railway corridors may be utilised. Linkages and cycleways may also be used to connect community land, areas of interest such as heritage items, commercial centres and schools.

Parking on any Council reserve, apart from designated parking areas, is not permitted. Emergency and service vehicles are the only vehicles permitted complete access within reserves. However for special events, Council can approve parking on grassed areas.

When planning for future access and parking on community land, provisions for emergency vehicles must be considered and provisions for any relevant Australian Standards for accessibility.

Environment Management and maintenance of community land needs to be undertaken in an ecological sustainable manner to prevent any long term impacts on the environment. It is vital to maintain ecological processes and systems when managing community land.

13


Community Involvement Good neighbourly relations and community involvement are important in the management of community land. Community users are vital for the contribution to the planning and management process, as well as informing Council of any ongoing issues. A good relationship between the community and Council can be an effective way of managing community land classified as General Community Use and ensuring they are maintained and kept clear of rubbish and anti-social behaviour.

Landscape Design and Character Any structures, paths and signs installed within community land should be sympathetic to the existing setting, the landscape values or the unique character and/or features of the site. The inherent landscape features of the community land need to retained and where possible enhanced, when developing the community land.

Site planning, material selection and colour schemes need to be considered when planning and designing facilities in community land.

Recreational Use Recreation activities within community land classified as General Community Use are encouraged but must be managed in accordance with the context of the site. Generally, passive recreation is most appropriate with active recreation better being placed at sportsgrounds and parks.

Often the community is unaware of the classification of the land and a lack of signage identifying what can or cannot occur makes it difficult to curb certain activities. The over usage of signs however lead to clutter and visual pollution.

General recreation should be encouraged in community land classified as General Community Use and the development of infrastructure of such land for recreational purposes should always be considered.

Dogs Walking a dog is a recognised recreational activity for many people. However, this should not impinge on the quality of the recreation experience for other users.

Dogs can have a detrimental impact on the amenity due to defecation, barking, aggression, non-compliance with leash laws and other nuisance behaviour. Dogs are not permitted to be walked ‘off a leash’ unless they are within one of Council’s designated dog exercise areas. Signs are installed at various locations describing the permitted usage of the area.

Dog clubs are required to seek Council approval to conduct dog obedience and training activities on community land and they are responsible for the removal of all dog excrement.


14

General Community Use Management Issues and Action Plan This section outlines the direction for the management and development of the parcels of land included in this Plan of Management for General Community Use and has the following aims:

to formulate objectives; to ensure consistency with the core objectives of the “General Community Use” category of the land; to develop performance targets that will define the way that Council will achieve its objectives; to provide actions (or means of achievement), which is the way that Council will achieve its targets; and to provide performance measures for each action.

Management Issue Objective Performance Target Means of Achieving Objective and Performance Target

Manner of Assessment

Safety and Risk Management

Minimise opportunities for risk of injury in community land classified as General Community Use.

Ensure the safety of the public whist visiting community land classified as General Community Use.

Ensure Council and user groups are adequately protected from risk and public liability.

Encourage community involvement in the recognition and remediation of public risk.

Prevent unsafe use of General Community Use areas

Ensure all facilities are constructed, installed and maintained to the relevant Australian Standards.

Ensure the public is not threatened from flood or fire.

Discourage anti-social behaviour and encourage community involvement in reporting such

Ensure all registered users are adequately protected by liability insurance.

Undertake periodic risk assessments at all community land classified as General Community Use.

Ensure regulatory signage is current and appropriately located.

Review any existing facilities in accordance with Councils Engineering Guidelines.

Respond promptly and appropriately to claims of dangerous behaviour and/or damage to infrastructure.

Number of public liability claims on community land classified as General Community Use.

Consistency with Engineering Guidelines.

Undertake flood studies and bush fire assessments.


15



behaviour.

Manage community land to reduce bushfire risk to life and property.

Develop permanent asset protection zones.

Identify high priority community land classified as General Community Use for fire management.

Undertake regular inspections to ensure the infrastructure is to standard.

Install signage prohibiting certain activities, such as motorbikes, dogs off leash and illegal dumping.

Develop a list of sites that could be impacted by flooding and/or fire.

Assess roads and paths in a timely manner.

Close community land whilst there is a threat of fire entering the reserve.

Develop a Bushfire Risk Management Plan.

Develop and maintain asset protection zones.

Report any incidents of anti-social behaviour.

Respond promptly to reports and community feedback.

16




Maintenance To ensure General Community Use areas are safe and fit for purpose.

Ensure community land is maintained to standard.

Reduce visual barriers that hide vandalism activities.

Reduce the amount of litter and number of dumping incidents.

Repair and/or replace outdated facilities to an acceptable standard.

Ensure that all lease and licence agreements are current.

Ensure all volunteer management committees operate in accordance with their agreement.

Prioritise maintenance tasks that pose a risk to safety and functionality of community land.

Adequately provide for maintenance works in annual budgets.

Repair vandalism promptly to discourage further vandalism.

Install lighting where appropriate.

Clean up dumped rubbish immediately, track down offenders and install signage to discourage dumping.

Conduct a review of all facilities within community land classified as General Community Use and source funding to upgrade facilities where necessary.

Periodically review lease, licence and management committee agreements.

(Re) negotiate lease and licence agreements as they expire in line with Council’s Property

Monitor annual maintenance budgets.

Community feedback.

Report dumping incidents to Councils Compliance Officers.

Outcomes of lease, licence and management committee reviews.


17



Management Plan.

Provide ongoing assistance, support and information to volunteer management committees.

Access and Connectivity

Minimise adverse impacts of public access onto community land.

Ensure all community land classified as General Community Use provides appropriate access for users.

Prevent unauthorised access to community land.

Ensure that each facility is accessible and in accordance with relevant standards.

Ensure pedestrian access and connectivity with the surrounding areas.

Design and construct walking tracks ensuring minimal erosion and soil loss.

Identify suitable locations for development of access for people with disabilities.

Close any non-essential pedestrian and vehicle access.

Provide adequate parking where appropriate and consider car parking in all site specific Masterplans.

Review car parking and pedestrian accessibility provisions at all community land classified as General Community Use in accordance with Councils Development Control Plan, Engineering Guidelines and Recreation & Open Space Strategic Plan.

Stop unauthorised use of community land classified as General Community Use for access to private lands.

Maintain existing roads and walking tracks to ensure safety

Feedback from Councils Access Advisory Committee.

Consistency with Engineering Guidelines, Cessnock Development Control Plan, Recreation & Open Space Strategic Plan and Cessnock Cycling Strategy 2016.

Community feedback.

Council Officer Inspections.

18




and prevent erosion.

Provide cycle ways in other areas to discourage the use of sensitive areas.

Inspect tracks and maintain when necessary.

Plan and develop pathways to ensure minimal erosion and soil loss.

Environment

To manage community land classified as General Community Use so as to maintain the ecological values.

Maintain ecological processes when managing community land classified as General Community Use.

Retain the distribution, abundance and diversity of native species and existing communities.

Manage and eradicate pest plants and obnoxious weeds.

Where appropriate undertake bushfire hazard reduction.

Ensure habitat values are not compromised and improve values where appropriate.

Avoid compromising biodiversity values as perceived by the public about threats posed by native fauna and flora.

Retain bushland that will enable existing plants and animals to survive.

Identify the location of any rare and/or threated species.

Develop and follow protocols to

Identify sensitive community land classified as General Community Use.

Implement necessary environmental management practices and development constraints.

Undertake a revegetation program.

Develop an ongoing maintenance program of rare and threated species.

Map and document the location of rare and threatened species, when discovered add to a layer

Assess key environmental indicators for community land classified as General Community Use.


19



reduce the risk of spread of soil pathogens.

Identify areas where domestic animals are to be excluded.

Manage impacts to aboriginal heritage when developing and maintaining community land.

in Councils GIS system.

Erect signs notifying the community of sensitive areas and no domestic animals permitted.

Control weeds using best practice.

Implement Water Sensitive Urban Design within community land.

Manage impacts to aboriginal heritage in accordance with Office of Environment & Heritage guidelines.

Undertake mandatory hygiene courses to ensure staff understand the correct procedures for washing down and blowing down equipment after mowing to stop the spread of weeds.

20




Community Involvement

Involve the community in the management of community land classified as General Community Use.

Reduce the impact of neighbouring properties on community land classified as General Community Use.

Encourage the participation of the community in reporting incidents.

Assess community values of community land classified as General Community Use.

Encourage neighbours to notify Council of any concerns regarding vandalism, dumping, noise etc.

Continue to support community groups that actively monitor and maintain public open spaces.

Undertake community surveys to determine the values of the community in developing and managing community land.

Educate neighbouring residents of the responsibilities of living near community land classified as General Community Use.

Community feedback.

Landscape Design and Character

Ensure that the landscape character of general community use areas is retained.

To minimise adverse impacts on adjacent land uses.

To maximise the sustainability of community land.

Any paths, signs, structures etc. in areas classed as General Community Use must be sympathetic to the existing setting.

Protect the heritage, cultural, aesthetic values of the land.

Retain and enhance the community land classified as General Community Use where possible.

New structures to be located in appropriate areas and designed appropriately.

Reduce the potential for crime

Plan appropriately including materials selection and colour schemes.

Consider constraints such as flooding and bushfire when siting facilities.

Consider adjacent land uses when developing community land.

Implement ‘Crime Prevention Through Environmental Design’ principles in the design of new and upgrades to existing facilities.

Consistency with Engineering Guidelines.

Reported rates of vandalism.


21



within General Community Use areas.

Recreation

Facilitate the use of community land classified at General Community Use for general recreation.

Where possible develop community land classified as General Community Use for passive recreational purposes.

Limit noise and anti-social behaviour.

Assess suitable areas for passive recreation.

Limit active recreation to designated parks and sportsgrounds.

Number of General Community Use Area’s used for passive recreation.

Community satisfaction survey.

Dogs To minimise the negative impacts of dog use in public spaces.

To ensure dog usage is appropriate and undertaken in a responsible manner.

All dogs must be on a lead except in designated off-leash areas.

Provide and promote dog off-leash areas.

Provision of faeces collection bags and signage where appropriate.

Community feedback.

Community Satisfaction Survey.

Provision of dog off-leash areas.

22 DOC 2017/040253 Recreation Services _ Draft Plan of Management _ General Community Use

Review Strategic reviews of this Plan of Management will occur at five year intervals. A review will entail elements of the performance of this Plan of Management in order to assess its alignment with community values, changing community needs and to reflect changes in Council priorities. The community will have an opportunity to participate in reviews of this Plan of Management. Significant parcels of community land may be transferred from this Plan of Management to a site specific plan of management in the future. Community land can also be added to this Plan of Management in the future. The appropriate revision and consultation process will be undertaken at these times.


23

SCHEDULE A Parcel Number

Title Property Address Town Description Categorisation Map Ref

6,280 ALT: A, DP 420427 403 Wollombi Rd BELLBIRD Park General Community Use 1

503,476 Lot 2, DP 1049557 79 Maitland St BRANXTON Public Reserve General Community Use 2 A

26,453 Lot 4, DP 849773 Maitland St BRANXTON Public Reserve General Community Use 2 B

507,478 Lot 2, Sec 2, DP 758153 Maitland St BRANXTON Null General Community Use 3

25,792 Lot 136, DP 831570 1 O'Shea Cct CESSNOCK Buffer Zone General Community Use 4 A

25,819 Lot 137, DP 831570 2 O'Shea Cct CESSNOCK Buffer Zone General Community Use 4 B

506,104 Lot 234, DP 1081597 Mount View Rd CESSNOCK Public Reserve General Community Use 4 C

506,106 Lot 236, DP 1081597 Mount View Rd CESSNOCK Public Reserve General Community Use 4 D

2,283 Lot 3, DP 13454 5 Kenny St CESSNOCK Open Space General Community Use 5 A

2,284 Lot 4, DP 13454 5 Kenny St CESSNOCK Open Space General Community Use 5 B

2,285 Lot 5, DP 13454 5 Kenny St CESSNOCK Open Space General Community Use 5 C

2,286 Lot 6, DP 13454 5 Kenny St CESSNOCK Open Space General Community Use 5 D

26,431 Lot 7, DP 657199 5 Kenny St CESSNOCK Open Space General Community Use 5 E

2,288 Lot 2, DP 588377 15 Kenny St CESSNOCK Open Space General Community Use 5 F

5,109 Lot 45, DP 13297 22 Lightfoot St CESSNOCK Open Space General Community Use 6 A

5,110 Lot 1, DP 588377 24 Lightfoot St CESSNOCK Open Space General Community Use 6 B

24


Parcel Number


5,490 Lot 1, Sec A, DP 4924 360 Old Maitland Rd

CESSNOCK Open Space General Community Use 7 A


CESSNOCK Open Space General Community Use 7 B


CESSNOCK Open Space General Community Use 7 C


CESSNOCK Open Space General Community Use 7 D

24,392 Lot 4, Sec A, DP 4924 41 Anzac Ave CESSNOCK Open Space General Community Use 7 E

5,518 Lot 10, DP 9164 5 Mavis St CESSNOCK Open Space General Community Use 8 A

5,519 Lot 9, DP 9164 7 Mavis St CESSNOCK Open Space General Community Use 8 B

5,520 Lot 8, DP 9164 9 Mavis St CESSNOCK Open Space General Community Use 8 C

5,521 Lot 7, DP 9164 13 Mavis St CESSNOCK Open Space General Community Use 8 D

5,761 Lot 15, DP 9164 Myra St CESSNOCK Open Space General Community Use 8 E

5,762 Lot 14, DP 9164 Myra St CESSNOCK Open Space General Community Use 8 F

5,763 Lot 13, DP 9164 Myra St CESSNOCK Open Space General Community Use 8 G

5,764 Lot 12, DP 9164 Myra St CESSNOCK Open Space General Community Use 8 H

5,778 Lot 23, DP 9164 Myra St CESSNOCK Open Space General Community Use 8 I

5,779 Lot 22, DP 9164 Myra St CESSNOCK Open Space General Community Use 8 J

25


Parcel Number


5,780 Lot 21, DP 9164 Myra St CESSNOCK Open Space General Community Use 8 K

5,781 Lot 20, DP 9164 Myra St CESSNOCK Open Space General Community Use 8 L

506,153 Lot 1110, DP 1093402 14 Drayton Gr CESSNOCK Public Reserve General Community Use 9 A

505,907 Lot 1208, DP 1102977 Mount Pleasant Gr CESSNOCK Public Reserve General Community Use 9 B

505,908 Lot 1209, DP 1102977 25 Mount Pleasant Gr

CESSNOCK Public Reserve General Community Use 9 C

2,556 Lot 313, DP 566724 11 Duguid Cl CESSNOCK Public Reserve General Community Use 10

507,955 Lot 88, DP 1147070 Finch Cl CESSNOCK Public Reserve General Community Use 11

26,915 Lot 101, DP 867696 34 Hickey St CESSNOCK Null General Community Use 12

5,090 Lot 9, DP 253077 Lee-ann Cr CESSNOCK Public Reserve General Community Use 13

505,882 Lot 915, DP 1085219 Lindeman Gr CESSNOCK Public Reserve General Community Use 14 A

505,897 Lot 1014, DP 1093073 64 O'Shea Cct CESSNOCK Public Reserve General Community Use 14 B

505,898 Lot 1015, DP 1093073 73 O'Shea Cct CESSNOCK Public Reserve General Community Use 14 C

23,276 Lot 3, DP 712036 Maitland Rd CESSNOCK Public Reserve General Community Use 15

23,503 Lot 312, DP 566724 Old Maitland Rd CESSNOCK Public Reserve General Community Use 16

1,013 Lot 5, DP 1106949 37 Railway St CESSNOCK Public Reserve General Community Use 17

23,746 Lot 16, DP 259523 224 Vincent St CESSNOCK Public Reserve General Community Use 18

505,712 Lot 12, DP 1083439 44 Vincent St CESSNOCK Public Path General Community Use 19

26


Parcel Number


974 Lot51, DP 1146804 23 Vernon St CESSNOCK Vernon Street Netball Complex General Community Use/Sportsground

20*

10,757 Lot 8, DP 255269 66 Dalwood Rd EAST BRANXTON Public Recreation General Community Use 21

11,697 Lot 9, DP 259718 Tulloch St EAST BRANXTON Public Reserve General Community Use 22

23,615 Lot 1, DP 135945 Helena St ELLALONG Public Recreation General Community Use 23

13,942 Lot 11, Sec 15, DP 758576 29 Aberdare St KITCHENER Public Recreation General Community Use 24 A

13,945 Lot 12, Sec 15, DP 758576 27 Aberdare St KITCHENER Public Recreation General Community Use 24 B

14,117 Lot 10, Sec 15, DP 758576 31 Cessnock St KITCHENER Public Recreation General Community Use 24 C

14,118 Lot 9, Sec 15, DP 758576 29 Cessnock St KITCHENER Public Recreation General Community Use 24 D

7,470 Lot 12, DP 255271 Deakin St KURRI KURRI Public General Community Use 25

25,282 Lot 39, DP 812327 2 Dill St KURRI KURRI Public Reserve General Community Use 26

26,059 Lot 21, DP 839019 1 Galloway St KURRI KURRI Vacant Land General Community Use 27

13,253 Lot 10, Sec 11, DP 758760 Northumberland St NEATH Public Reserve General Community Use 28 A

13,255 Lot 9, Sec 11, DP 758760 Northumberland St NEATH Public Reserve General Community Use 28 B

508,924 Lot 1, DP 1169915 22 Occident St NULKABA Public Reserve General Community Use 29

15,908 Lot 243, DP 755252 Wine Country Dr NULKABA Public Recreation General Community Use 30

508,136 Lot 105, DP 1148414 13 Pokolbin St PELAW MAIN Null General Community Use 31

508,230 Lot 14, DP 1152639 43 Maitland St STANFORD MERTHYR Public Recreation General Community Use 32

27


Parcel Number


508,445 Lot 1, DP 1158250 7 Mulbring St STANFORD MERTHYR Vacant Land General Community Use 33 A

508,446 Lot 2, DP 1158250 1 Mulbring St STANFORD MERTHYR Public Buildings General Community Use 33 B

9,696 Lot 18, Sec 27, DP 979187 Cessnock Rd WESTON Park General Community Use 34

24,313 Lot 102, DP 755219 66 Christina St WOLLOMBI Public Recreation General Community Use 35

*Denotes category map included

28


29


30


31


32


33


34


35


36


37


38


39


40


41


42


43


44


45


46


47


48


49


50


51


52


53


54


55


56


57


58


59


60


61


62


63


64


62-78 Vincent Street Cessnock, NSW

Australia

Contact: tel:0249934300 tel:0249934100

Online help: [email protected]

http://www.cessnock.nsw.gov.au

mailto:[email protected]

http://www.cessnock.nsw.gov.au

Generic Plan of Management General Community Use · DOC 2017/040745 Recreation Services _ Draft...

Documents

Transcript of Generic Plan of Management General Community Use · DOC 2017/040745 Recreation Services _ Draft...