northern territory of australia proposal to amend …

NORTHERN TERRITORY OF AUSTRALIA

PROPOSAL TO AMEND NT PLANNING SCHEME PA2013/0946

The Land and Economic Development Division within the Department of Lands, Planning and the Environment has applied to the Minister for Lands, Planning and the Environment to amend the NT Planning Scheme by rezoning Lot 7103 Town of Palmerston (102 Bonson Terrace, Moulden) from Zone CP (Community Purpose) to Zone MR (Medium Density Residential). Attached are:

• the Notice of Exhibition under section 17 of the Planning Act;

• extracts from the NT Planning Scheme relating to Zone CP (Community Purpose) including a zoning map;

• extracts from the NT Planning Scheme relating to Zone MR

(Medium Density Residential) including a proposed zoning map;

• a locality map; and

• a copy of the application.

The exhibition period is from Friday 6 December 2013 to Friday 24 January 2014. Written submissions about the proposed planning scheme amendment are to be received by 4.00pm on Friday 24 January 2014 and made to: Director, Lands Planning Department of Lands, Planning and the Environment GPO Box 1680 DARWIN NT 0801; or Email: [email protected] Fax: (08) 8999 7189 or Hand delivered to Ground Floor, Arnhemica House, 16 Parap Road, Parap. For more information please contact Deanna Klobas, Lands Planning on telephone (08 8999 7684).

ATTACHMENT B

mailto:[email protected]

ATTACHMENT B

Northern Territory Planning Scheme Part 3-42

5.21 Zone CP – CommUnity PUrPose

1. The primary purpose of Zone CP is to provide for community services and facilities, whether publicly or privately owned or operated, including facilities for civic and government administration.

2. Design is expected to incorporate landscaping that will enhance the visual appearance of the development. The development of residential accommodation is to only be in association with and ancillary to the primary use of the land.

Clause 6.8 refers to Demountable Structures.

Clause 6.2 limits the height of buildings within the Municipality of Alice Springs.

Clause 6.9 controls the use and development of land within the ANEF 20 unit value contour adjacent to airports.

Clause 6.14 refers to landsubjecttofloodingand storm surge.

Clause 7.10.2 refers to caravans.

Clause 10.2 refers to the clearing of native vegetation.

Clause 13.5 refers to the erection of mobile telephone communications towers.

ATTACHMENT B


Zoning Table – Zone CPabattoir xagriculture xanimal boarding D 6.1, 6.5.1, 10.1, 10.2business sign P 6.7caravan park xcaretaker’s residence P 6.1, 6.5.1, 7.3, 7.10.3car park xchild care centre P 6.1, 6.5.1, 8.1.5, 8.2, 10.2community centre P 6.1, 6.5.1, 8.2, 10.2dependant unit xdomestic livestock xeducation establishment P 6.5.1, 8.2, 10.2

Amendment No. 87 gazetted 09.09.2009 amends clause 6.1 to remove the height limit for education establishments in Zones CP and CL

fuel depot xgeneral industry xgroup home xhome based child care centre xhome based contracting xhome based visitor accomodation xhome occupation P 7.10.7horticulture xhospital D 6.1, 6.5.1, 6.6, 8.2, 10.2hostel xhotel xintensive animal husbandry xleisure and recreation D 6.1, 6.5.1, 10.2licensed club xlight industry xmedical clinic D 6.1, 6.5.1, 8.2, 10.2medical consulting rooms xmotel xmotor body works xmotor repair station xmultiple dwellings xoffice xpassenger terminal D 6.1, 6.5.1, 8.2, 10.2place of worship P 6.1, 6.5.1, 8.2, 10.2plant nursery D 6.1, 6.5.1, 10.2promotion sign D 6.7recycling depot D 6.1, 6.5.1, 8.2, 10.2restaurant xretail agricultural stall xrural industry xservice station xshop xshowroom sales xsingle dwelling xstables xsupporting accommodation D 6.1, 6.5.1, 7.3, 7.5, 7.6, 7.7, 7.8, 10.2transport terminal xvehicle sales and hire xveterinary clinic D 6.1, 6.5.1, 8.2, 10.2warehouse x

P = Permitted S = Self Assessable D = Discretionary x = Prohibited

ATTACHMENT B

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GovernmentTerritoryNorthern

2-Dec-13Date:

PSA Lot 7103 Palmerston.dgnDrawing Name:

000 @ A42Scale 1:

File No.: PA2011/

0 100m80604020

to Zone MR (Medium Density)

From Zone CP (Community Purposes)

TOWN OF PALMERSTON

REZONE LOT 7103

AMENDMENT PA2013/0946

EXISTING NT PLANNING SCHEME Department of Lands, Planning and the Environment

ATTACHMENT B


5.3 Zone mr – mediUm density residential

1. The primary purpose of Zone MR is to provide for a range of housing options to a maximum height of four storeys above ground level.

2. The availability or future availability of services, size of lots and proximity to major roads, schools and other community facilities shouldbesufficienttosupportmultiple dwelling residential development.

3. Thescale,characterandarchitecturalstyleofinfilldevelopment should be compatible with the streetscape and surrounding development.

Clause 1.3 refers to Sheds.

Undefinedusesareprohibited in this zone. See clause 2.2(3) & (4).

Clause 6.8 refers to Demountable Structures.

Clause 6.2 limits the height of buildings within the Municipality of Alice Springs.

Clause 6.11 refers to Garages and Sheds.

Clause 6.14 refers to landsubjecttofloodingand storm surge.

Clause 7.1 limits the height of residential buildings in certain circumstances.

Clause 7.10.2 refers to caravans.

Clauses 11.1.1 and 11.1.2 refer to subdivision lot size and 11.2 to subdivision standards.

Clause 13.5 refers to the erection of mobile telephone communications towers.

ATTACHMENT B


Zoning Table – Zone MR abattoir xagriculture xanimal boarding xbusiness sign P 6.7caravan park xcaretaker’s residence xcar park xchild care centre xcommunity centre D 6.1, 6.5.1dependant unit P 7.1, 7.3, 7.10.4domestic livestock xeducation establishment xfuel depot xgeneral industry xgroup home P 7.1, 7.10.5home based child care centre D 6.5.1, 7.10.6home based contracting P 7.10.8home based visitor accomodation S 7.10.1home occupation P 7.10.7horticulture xhospital xhostel xhotel xintensive animal husbandry xleisure and recreation xlicensed club xlight industry xmedical clinic xmedical consulting rooms D 6.5.1, 7.10.9motel xmotor body works xmotor repair station xmultiple dwellings D 6.5.1, 7.1, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8office xpassenger terminal xplace of worship xplant nursery xpromotion sign xrecycling depot xrestaurant xretail agricultural stall xrural industry xservice station xshop xshowroom sales xsingle dwelling P 6.5.1, 7.1, 7.3, 7.5stables xsupporting accommodation D 6.5.1, 7.1, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8transport terminal xvehicle sales and hire xveterinary clinic xwarehouse x

P = Permitted S = Self Assessable D = Discretionary x = Prohibited

ATTACHMENT B

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GovernmentTerritoryNorthern

2-Dec-13Date:

PSA Lot 7103 Palmerston.dgnDrawing Name:

000 @ A42Scale 1:

File No.: PA2013/0946

0 100m80604020

to Zone MR (Medium Density)

From Zone CP (Community Purposes)

TOWN OF PALMERSTON

REZONE LOT 7103

AMENDMENT PA2013/0946

PROPOSED NT PLANNING SCHEME Department of Lands, Planning and the Environment

ATTACHMENT B

Locality Map Legend

Created by DEANK

Bottom Left: 130° 57' 56", -12° 30' 37"

Top Right: 130° 58' 53", -12° 30' 07"

Approximate Scale: 1:11,000

Datum: GDA 1994

Data for information purposes only

- accuracy not guaranteed

N.T. Land Information System

Copyright Northern Territory of AustraliaMap Center: 130° 58' 25.1" E, 12° 30' 22.4" S

ATTACHMENT B

DEANK

Callout

Subject site

DEANK

Polygon

I. . LAND INFORMAnON (FORPROPOSED CHANGEIN ZONING ONLY)

NORTHERN TERRITORY OF AUSTRALIA

Planning Act

Town/Hundred/Locality: To, \*,\ o4 1:121rvcvs+OAParcel Number(s) and/or Unit number: I, of ^103-LTO Plan:

Number and Street Name: 102 eonsor, Tt. .e, Nonlden

Proposal to amend a Planning Scheme- section 1.3(I. )

and

Existing ZoneProposed Zone:Tenure: Vo

Is the proponent the land owner?:

CP(hymn, ^h, ^::!, PompOSe, )1.1^. (,*lad, U, ^, t';."^9+'j ^-as'do^+, ary

2. PROPONENT INFORMAnON

PROPONENTINFORMAnON

ILIS Customer no. or known):

Company name (if applicable)- 11>Cl*'. OF Lands, Planr, in<IABN or ACN (if applicable): 84 o8.5 7.34- QQZTitle: Mr Mrs Miss 111^ Dr Other:Family name(s): PI, 'charo!Givenname(s): 06bor@. r\Preferred name(s):Postal address: GPO SOC I^80

Of^^..*\I, r\I, ^! 0801

Telephone no. (business hours): 8Q QQ ^:, S'i7Facsimile no. :

E-mail address: IC^rid . rele@ec ^>r\., , 00 -o. 4

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3. DESCRIPnON OFPROPOSEDAMENDMENT

Attach A detailed statement describing the proposed amendment

and

and fileDCve. I, ^rv'

Where the proposed amendment relates to a published document, thetitle of the document proposed to be amended:

Nor+,.\art Term^- Plannrn!18,111\e, ^e

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ATTACHMENT B

4.

Attach a detailed statement describing why the proposed amendmentshould be considered

REASON(S) FOR PROPOSAL

5. APPLICANTTO SIGN AND/OR AFFIX SEAL

The application is complete and all required documentation is attached.

,,*^rO<

Signature(s)

PRIVACY NOTE:

The Department of Lands, Planning and the Environment, on behalf of the Minister, is authorised under the PIOnnin9 Actto collect the information on this form, or otherwise provided by you, to consider a proposal to amend a PlanningScheme. Failure to provide the information in full may result in delays in processing of the application

Some of the personal information provided by you on this application may be publicly available, as part of a publicexhibition process. The information may also be provided to other NT Government agencies, the Australian ValuationOffice, local governments and Commonwealth Government Departments and agencies, as required by law

Collection of personal information on this form is done in accordance with the privacy legislation contained within theInformotion Act 2002 (ND. For more information please refer to the Department of Lands, Planning and the Environmentprivacy statement located at WWW. lands. nt. gov. au/

Any personal information provided can be subsequently accessed by you on request

If you have any queries please contact

Lands PlanningDepartment of Lands, Planning and the EnvironmentGPO Box 1680

DARWIN NT 08010r

Phone: (08) 8999 5511Fax: (08) 8999 7189

Email: planning@nt. gov. au

AnACHMENTB I*<1

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Date

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ATTACHMENT B

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Lot 7103 Town of Palmerston

102 Bonson Terrace, Moulden

Rezoning Application

DEPARTMENT OF LANDS, PLANNING AND THE ENVIRONMENT

October 2013

ATTACHMENT B

.

2

I ntro d u ati o n .............................................................................................................. 2

La n d I nfo rinati o n ...................................................................................................... 22. I Site 2

Surrounding Locality2.2 3

Proposed Scheme Amendment. .............................................................................. 43. I Proposed Zone 4

Re as o ns fo r P ro p OSa I .............................................................................................. 5Current Market4. I 5

Planning Principles4.2 5

4.3 Character 5

4.4 Existing Stock 6

4.41 Higher Residential Density Land 6

4.42 Community Purpose Land 6

4.5 Traffic 7

Servicing4.6 7

4.7 Relevant Legislation and Policy 7

47.1 Northern Territory Planning Act 7

47.2 Northern Territory Planning Scheme 8

3

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5 ' , ' ' I us ' ' ' ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.............................................. ,

DEPARTMENT OF LANDS, PLANNING AND THE ENVIRONMENT

ATTACHMENT B

Introduc ion

The Land and Economic Development Division of the Department of Lands, Planning andthe Environment seek an amendment to the NT Planning Scheme to rezone Lot 7103 Townof Palmerston (102 Bonson Terrace, Moulden)from Zone CP (Community Purposes) toZone MR (Medium Density Residential). The rezoning will facilitate the sale of the land forthe development of up to 68 units to a maximum height of four storeys

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Lot 7103 is vacant Crown land under the control of the Department of Lands, Planning andthe Environment. The site is a 5790m' generally cleared, triangular block. The site slopestowards the rear boundary which has a 20m wide sewerage and drainage easementrunning along its length. A small 2mx2m electricity supply easement exists in the southwestern corner of the site. A small stub road from the roundabout at the corner of Bonson

Terrace and Port Mar Street will provide access to the site as well as the adjoining lot.

The site has approximately 130m primary frontage to Bonson Terrace to the south eastThe western boundary adjoins land held under a crown lease to the Australian Federationof Islamic Councils Incorporated forthe purpose of a community centre, prayer hall and carparking. The northern boundary adjoins land developed fortho storey multiple dwellingsowned by the Department of Housing and single storey multiple dwellings that are privatelyowned. Moulden Primary and Pre Schoolis on the opposite side of Bonson TerraceNeighbouring the schoolis an extensive green space and public oval.

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DEPARTMENT OF LANDS, PLANNING ANDTHE ENVIRONMEN

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ATTACHMENT B

22 Su ound rig Locali yThe site is approximately 4km from the Palmerston CBD. Bonson Terrace is a localcollectorroad which connects directly to Elrundie Avenue which in turn connects toUniversity Avenue and Channellsland Road. A bus route to Palmerston CBD travels alongBonson Terrace and Temple Terrace and stops opposite the site on Bonson TerraceExtensive cycle paths connectthe site to the surrounding area and the Palmerston CBDThe Moulden Park Primary and Pre Schoolis opposite the site and the Palmerston SeniorCollege is Ikm from the site. Two neighbourhood shops are approximately Ikm walkingdistance from the site. A locality diagram is at Attachment A

The site is in a residential suburb of Palmerston primarily comprised of land in Zone SD(Single Dwelling Residential). Land in Zone MD and MR is sprinkled throughoutthe suburband Palmerston generally. Likewise land in Zone PS (Public Open Space) connectsthroughoutthe suburb and Palmerston. A number of lots in Zone CP are provided in thearea and primarily developed for schools and childcare centres, refer Figure 2


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ATTACHMENT B

3 Proposed SchemeAmendmentThe proposed NT Planning Scheme Amendment will facilitate the development ofadditional housing in line with Government's commitment to stimulate housing supplyand stabilise prices. The parcel has been identified as being suitable for residentialdevelopment to meet growing demand, given its location within a predominantlyresidential area, proximity to open space, community facilities and public transportconnections. The subject site is currently in Zone CP and as such rezoning is necessaryto allow development for residential purposes

Proposed ZoneThis application is for an NT Planning Scheme Amendment to rezone the lotfromZone CP to Zone MR

Development in Zone MR is to

. Provide for a range of housing options to a maximum height of four storeys aboveground level;

. Ensure the availability orfuture availability of services, size of lots and proximity tomajor roads, schools and other community facilities is sufficient to support multipledwelling residential development; and

. Ensure the scale, character and architectural style of infill development is compatiblewith the streetscape and surrounding development

The maximum number of dwellings possible on the site under Zone MR is 68 with amaximum height of four storeys

In accordance with Zone MR. multiple dwelling developments are a discretionary use,subject to the relevant clauses of the NT Planning Scheme. These clauses will beaddressed as part offuture development applications should the proposed rezoning beapproved. Public exhibition will also be required at the development application stage,which will provide an opportunity forthe public to provide comment on the proposeddevelopment

3.1


DEPARTMENT OF LANDS, PLANNING AND THE ENVIRONMENT 4

ATTACHMENT B

4 Reasons for ProposalThe Northern Territory Government has committed to identifying and releasing sites forredevelopment to make land available for housing. This site has been identified asappropriate for rezoning to Zone MR as it is located near public open space, schools andgood public transport connections. Rezoning this parcel will facilitate the release anddevelopment of the site for residential purposes in accordance with Government priority

4.1 Current Market

There is a demonstrated demand within the marketfor higher density living. Thesepeople are seeking a low maintenance home with less garden that is close to work andamenities. Housing preferences research undertaken by the Department in late 2011found that 179'. of home buyers rated an apartment in a 4 storey complex as eitherattractive or highly attractive

The proposed rezoning will facilitate development of four storey multiple dwellings whichwill provide new housing stock. Increasing the density of the area will support existingbusinesses within the surrounding area

The proposed rezoning to Zone MR is consistent with the predominant surroundingresidential land uses and zoriings within this southern suburbs locality which includeboth Zone MD and Zone MR


4.2 Planning PrinciplesHigher densities are generally encouraged in areas that are supported by good publictransport, public parks/open spaces and community facilities. The site is within loom ofthe local park including a rugby field. The Moulden Park Primary and Pre Schoolisopposite the site and the Palmerston Senior College is within Ikm from the site. The siteis in close proximity to a high frequency bus service connecting to Palmerston CBD

4.3 Character

Bonson Terrace has a mixed character with one and two storey single and multipledwellings, a park, the Palmerston Tennis and Netball Centre, two churches, two schoolsand a childcare centre. Four of the five multiple dwelling sites to the rear of the site aredeveloped fortwo storey dwellings

Under the proposed zoriing the subject site could be developed to a maximum fourstoreys and 68 units. The impact of any development will be lessened as the planningscheme will require setbacks of 75m from Bonson Terrace and 2.5m from the stub road

Additionally, an approximately 20m wide drainage and sewer easement along thenorthern boundary of the site will ensure that this will only be developed for car parkingor open space as no permanent structures would be allowed in this area

A four storey development on the site, while not consistent with the existing built form,will not negatively impact on the amenity of the area as any building will be well set backfrom both Bonson Terrace and the multiple dwellings to the north of the site and isotherwise adjacent to a community purpose lot


ATTACHMENT B

102BonsonTerrace, oulden

The site has a 130m long frontage to Bonson Terrace with access from a stub roadwhich will provide developers with an opportunity to ensure a good design outcome inrelation to street interface

Exs rigso k

Higher Residential Density Land

Palmerston is characterised by a mixture of zoriings in all suburbs, particularly thesprinkling of land in Zones MD and MR throughout single dwelling areas. A desktopstudy indicated that all of the higher density land in the south west of Palmerston isdeveloped, although a number of sites in Zone MR have not been developed to theirfullpotential

It should also be noted that a lot of the land in Zone MD and the majority of land in ZoneMR in the south west of Palmerston is owned by the Department of Housing, referFigure 3. The rezoning and release of the site as a higher density residential parcel willprovide the opportunity for people to purchase or rent a higher density housing product

44

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Figure 3 - Ownership of Higher Density Land

4.4.2 Community Purpose Land

This proposal will reduce the amount of Crown land in Zone CP (Community Purpose)available in the Moulden area. However, the amount of land available for communitypurposes in the Moulden area is considered sufficient withoutthis site.

The Australian Bureau of Statistics data from the 2011 census indicate that Moulden has

a population of approximately 3,192 people, which would generally require the use of aCommunity Meeting Room. While there is no dedicated Meeting Room in the suburb,there are three childcare centres, two churches, a sports club and a public primaryschool

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MR In Private Ownership

MR in Housing Ownership

MD in Private Ownership

MD In Housing Ownership

DEPARTMENTOF LANDS, PLANNING AND THE ENVIRONMEN

ATTACHMENT B

The Northern Territory Government's Department of Education and Children's Servicesis guided by Community Use of School Facilities Policy which encourages NTGovernment Schools to make schoolfacilities available for use by community groupsand organisations outside of normal school hours, refer Attachment B.

Other community purpose infrastructure such as schools, libraries, sporting grounds etcare catered forthroughout Palmerston.

Given the level of need for community land in a suburb the size of Moulden and theavailability of public school facilities to fulfilthis need, the rezoning of the site is notconsidered likely to detrimentally impactthe Moulden community.

4.5 Traffic

Bonson Terrace is a neighbourhood collector road which connects directly to UniversityAvenue and Elrundie Avenue, two major connector roads of Palmerston. ElrundieAvenue connects to University Avenue, Chung Wah Terrace and Channellsland Road.

It is not considered likely that the traffic generated by this development would have anyreason to traverse the local order roads in the surrounding network. The site will likelyonly have access from the stub road which connects to a roundabout. The roundaboutwill act as a good traffic control measure to ensure the safety of school children andcommunity members. Given the site's location on Bonson Terrace, a collector road, theproposed redevelopment is not expected to have a detrimentalimpact on thesurrounding local road network.

The site is located on Bonson Terrace which has a road width of approximately loin. Onstreet parking is not likely to be an option, however any residential development willrequire two car parking spaces per dwelling.


4.6 ServicingThe site is currently serviced for water and power. However, the Power and WaterCorporation advise that upgrades may be required to support development consistentwith Zone MR. which may include upgrades to existing power, water and sewerageservices.

The upgrades required to facilitate development will be managed as part of the landrelease process in conjunction with the Power and Water Corporation

4.7

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Relevant Legislation and Policy

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Object 2e of the Planning Actis to minimise adverse impacts of development on existingamenity and, wherever possible, ensure that amenity is enhanced as a result ofdevelopment.

The impact of this development is considered minimal given it will only have a directimpact on the three adjoining multiple dwellings to the northern boundary as the othertwo boundaries adjoin a street and a church. Impact will be further minimised asdevelopment will have to be set back 20m from the northern boundary due to the sewerand drainage easement and the height will be limited to four storeys.


ATTACHMENT B

Additionally, as discussed above, it is not considered likely that the proposal willnegatively impactthe traffic in the area given the existing roundabout and the site'sposition on Bonson Terrace, a major collector road of the area.

The development of this site will improve the appearance of the site and has thepotential to increase the aesthetic amenity of the area, which is currently made up ofprimarily older stock. Additionally, the development has the potential to act as a catalyst,encouraging the redevelopment of the other lots in Zone MD to the north of the site

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The Northern Territory Planning Scheme is to be administered in such a way as to:

. contribute to housing choice;

. facilitate the supply of sufficient land for residential use; and

. maximise urban infillin the Darwin region.

The rezoning of the site and the subsequent release of the land by Government willincrease the supply of land for residential use. Development in accordance with ZoneMR will provide a greater level of housing choice in the area for potential home buyersThe site is within an existing urban area and as such higher level development on thesite will increase the level of urban infillin the Darwin region

5 Conclusion

This site is appropriate for rezoning from Zone CP to Zone MR as it is close to services,will not negatively impact the community orthe amenity of the area.



ATTACHMENT B

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Northern

TerritoryGovernm

Responsibility of: SchoolOperationsEffective Date: February 2013Next Review Date: February 2016

Schoolstaff, schoo councils an communityTarget Audience: members

This document should be read in conjunction with Coinmunit Use of chool FacilitiesGuidelines document.

DEPARTMENT OF EDUCATION AND CHILDRE

Community Use of Schoo Facilities

POLCY

Northern Territory Government schools are encouraged to make schoolfacilities available foruse by community groups and organisations outside of normal school hours,

Schools should ensure that the proposed use is consistent with the goals and values of theschool and that community use does not interfere with the provision of education for students'Schools must also undertake a risk assessment prior to entering into an agreement forcommunity use. The risk assessment must ensure that the relevantfacilities are infortheintended purpose, the proposed use is legal and appropriate, the applicant is suitable and therisk and child protection issues are addressed.

Schools must complete a formal user agreement, in accordance with this policy. Agreementsshould be for a maximum of two years' Agreements must be reviewed and/orrenegotiated atthe end of this time. School councils and their sub-committees do not need to have a formal

user agreement to conduct normal school councilfunctions.

All community use agreements will be subject to suspension or termination in circumstances ofemergent school or departmentalrequirements forthe facility.

All users of schoolfacilities outside of normal school hours must comply with this policy.

POUCY

S SERVICES

DECS File 20/01/068

Doc20,310025t

VERSIONNU BER: 2

2 Bus NESS NEED

Section 71C(I)(f) of the Education Act(the Act) provides that a school council may determineand regulate the conduct of activities forthe benefit of the local community when the grounds orbuildings are not required for their usual purpose. Schools play an important role in communitiesand can help shape a strong sense of local identity. Schools have equipment and facilitieswhich can be used to assist in the lifelong learning of the whole community.

This policy will ensure a clear and consistent approach forthe management and approvalprocess for community use of schoolfacilities.

Page I of 3 WWW. education. nt. gov. au

ATTACHMENT B

DECS Policy: Community Use of School Facilities

3 SCOP

This policy does not apply to the following:. Children's Services such as After School Care or Vacation Care. establishment and renewal of markets on school sites.

. commercial operators providing schoolcanteens

. commercial operators forthe use of playing fields.

These uses require a contract drafted specifically forthe proposed use. In the first instance,principals must seek advice from the Department of Education and Children's Services LegalServices in relation to these types of arrangements.

Use of schoolfacilities for polling purposesThis policy applies to the use of schoolfacilities for polling purposes by the Australian andNorthern Territory Electoral Commissions.

DECS has entered into overarching agreements with both Commissions;this eliminates theneed for individual schools to put in place formal user agreements when schools are being usedas polling places. Refer to the "Use of schoolfacilities for polling purposes"in the CoinmunitUse of chool Facilities Guidelines for further details.

4. DEFINITIONS

School facilities: school buildings, school grounds and recreation areas including parkingareas.

Normal school hours: refers to the times set by schools during which instruction and/orprograms are provided to students,

User: means any organisation or individual who is granted approval to use the schoolfacility orspecific location on the school site.

School council: means a school council established under section 71(I) or in the case of aschool management council or group school management council established under section71(5) of the Act. A school councilis a legally formed body that is given functions as per section71C.

Commercial group:is an operation that trades for a profit.

User agreement:is a written agreement between the school council and the representative/s ofusers forthe purposes of using schoolfacilities. School councils should use the approvedAgreement. Variations to the Agreement need to be approved by Legal Services, DECS.

Public liability insurance: protects DECS and the school council in the event of a claim takenagainst it for any liability arising from injury to or death of a person or damage to or destructionof property as a result of the community user's use of schoolfacilities.

Page 2 of 3 WWW. education. nt. gov. au

ATTACHMENT B

ECS Policy: Community Use of School Facilities

5 ROLES AND RESPONSIBILITIES (if applicable)

School principalThe school principal is responsible for:

. ensuring this policy is complied with at their school

. consulting and seeking approval from the school councilfor hiring facilities, includingdetermining the schedule offees and requirement for public liability insurance

. signing the user agreement on behalf of the school councilfollowing authorisation by theschool council chair

. discussing variations to the user agreement template with the department's LegalServices

. where applicable, Iiaising with the Australian and Northern Territory ElectoralCommissions, making school premises available forthe conduct of Commonwealth,Territory and Local Government elections

. suspending or terminating user agreements in extenuating circumstances such as, butnot limited to:

o the schoolis needed as an emergency sheltero the facility is unsafeo the useris engaged in activities detrimentalto the school and its studentso breaches of the user agreement and conditionso where an unforeseen essential school need arises requiring exclusive use of the

facilities

o where the school has been closed and the land subject to disposal.

School councils

School councils are responsible for determining and regulating the conduct of activities forthebenefit of the local community served by that government school at any time when thatgovernment school's buildings or grounds are not required forthe usual purposes, inconsultation with the principal and in accordance with this policy.

Users

It is the responsibility of the user to:. provide evidence of appropriate public liability insurance and workers compensation

insurance Of appropriate) as regulated by this policy. meetthe security responsibilities forthe school's resources and facilities. report any damage or accidents occurring during use to the principal. meetthe costs of repair or replacement of equipment or damage to buildings orfixtures

in accordance with the signed agreement. comply with the user agreement and the requirements of this policy.

6 RELATED POLCY LEGSLATON AND DOCUMENTS

A cohol consum. tion on de. artmentalreinises

Einer. enc inaria. ement - .ublic shelter

res onSIbilities o11cEiner. enc school closure .o1ic

Smoke free oremises o01icTres. ass on school orounds o0/1c

Australian Electoral Commission AgreementNorthern Territory Electoral Commission Mou

o11c

Page 3 of 3

01^;asters Act

Education Act

^g. tTobacco ControlAct

WWW. education. nt. gov. au

ATTACHMENT B

northern territory of australia proposal to amend …

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