proposed tenure for clubhouse for ......the edmonton and hambledon sub-branch of the returned...

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Agenda – Ordinary Meeting 24 November 2010 - #2976437

ORDINARY MEETING

24 NOVEMBER 2010

17 PROPOSED TENURE FOR CLUBHOUSE FOR “RETURNED SERVICES LEAGUE” – DIVISION 2 Liam Nicholas: 19/3/3/-90: #2644956

RECOMMENDATION: That Council:

• does not offer permanent tenure for a clubhouse to the Edmonton and Hambledon sub-branch of the Returned Services League (RSL) over parts of the following Council freehold:

a) Lot 41 on RP704100, Down Park, Thompson Road Edmonton; b) Lot 1 on RP722073, Fuller Park, Wolff Street, Edmonton; c) Lot 1 on RP741338, Ravizza Park, Ravizza Drive, Edmonton; d) Lot 201 on SP175709, Benjamina Park, Benjamina Street, Mount

Sheridan.

• approves RSL’s proposal for the erection of a temporary structure over Lot 1 on RP722073 subject to:

a) the issue of a short term lease for a period of 5 years or less; b) the Lessee to pay rental in the sum of $122.00 (including GST) per

annum; c) The Lessee being responsible for all rates and charges, including

cost of water usage on the lease premises; d) the Lessee is responsible for all costs associated with the

connection of power and water and sewerage to service the temporary structure;

e) the erection of the temporary structure being a moveable structure to be erected at no cost to Council;

f) the infrastructure being removed at the end of the term or upon securing alternate tenure in conjunction with the Mulgrave Cricket Club, whichever is sooner, with the site reinstated to its original condition at no cost to Council;

g) the lodgement of all appropriate Council approvals including a Development Application, an application for Material Change of Use with consideration given to appropriate community consultation;

h) the lodgement of a building application at no cost to Council; i) the Lessee being responsible for all reasonable costs associated

with the preparation, negotiation, execution and registration of the lease

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• supports the issue of a sub-lease from the Mulgrave Cricket Club to the

Edmonton and Hambledon sub-branch of the RSL over part of the clubhouse on part of Lot 1 on RP722073, Fuller Park, Wolff Street, Edmonton subject to:

a) Approval of funding by the State for the building of the proposed

cricket Clubhouse; b) Payment of $40,000 by the RSL to the Mulgrave Cricket Club

towards the cricket Clubhouse; c) That it being at no cost to Council.

Furthermore, Council delegates authority to the Mayor and Chief Executive Officer in accordance with section 257 of the Local Government Act 2009 to negotiate, determine and finalise any and all matters associated with the proposed tenure.

INTRODUCTION: The Edmonton and Hambledon sub-branch of the Returned Services League (RSL) approached Council with a number of options for a clubhouse to be built on Council freehold property for their exclusive use. The proposal included the following options: Option 1 – Adjoining the Down Park Community Centre over part of Lot 41 on RP704100, Down Park, Thompson Road, Edmonton. Option 2 – Adjoining the Edmonton Pool over part of Lot 1 on RP722073, Fuller Park, Wolff Street, Edmonton. Option 3 – Adjoining Lot 20 on BUP103327 over part of Lot 1 on RP722073, Fuller Park, Wolff Street, Edmonton. Option 4 – North west corner Ravizza Park over part of Lot 1 on RP741338, Ravizza Drive, Edmonton. Option 5 - It was also proposed that as a number of the members of the RSL sub-branch are residents in Mount Sheridan, that Lot 201 on SP175709, Benjamina Park, Benjamina Street should also be considered. The RSL require a Clubhouse to conduct their meetings, display their memorabilia and conduct their activities. The RSL provides for Veterans and their families and contributes to the Edmonton community with cash grants to schools and other not for profit groups such as Relay for Life, SES and funding the ANZAC family day at Ravizza Park. They have advised that the proposed RSL Clubhouse does not require bar facilities or a liquor licence over the proposed premises as it is primarily for administrative purposes. The proposed area of the Clubhouse would be approximately 300 m².

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The Edmonton and Hambledon sub-branch has approximately $130,000 to contribute to the facility and also additional funds may come from the Department of Veterans Affairs. It was advised that the proposed Clubhouse had the full support of RSL Queensland. The membership of the Edmonton and Hambledon sub-branch of the RSL currently has approximately 40 (forty) members and membership may increase as a result of the establishment of the Clubhouse and also by building relations with the 51st Army Battalion which is located at Edmonton. Council has approved the issue of a lease to the Mulgrave Combined Cricket Club Association for a term of ten years. The lease has not yet progressed as the Cricket Club requires a new Clubhouse and the approved lease area is required to be amended. The Mulgrave Cricket Club has made an application to the State for funding for a new Cricket Clubhouse at Fuller Park and the lease is subject to the funding. The Mulgrave Combined Cricket Club Association proposes a multi-use facility with the RSL, Centenary Soccer and a Vigoro Club to use the area. The Edmonton and Hambledon sub-branch of the RSL and Mulgrave Cricket Club have been in negotiation and the Mulgrave Cricket Club have provided in principle approval for the use by the RSL for part of the Clubhouse. Should the grant to the Mulgrave Cricket Club be successful, the RSL would agree to pay approximately $40,000. towards building of the Clubhouse in return for the use of part of the facility. Contingent on the grant and building works the proposed Clubhouse could take a number of years to finalise. The RSL provided a deputation to a Cairns Regional Council Meeting with its preferred choice as the Fuller Park options. It was also requested that should one of the Fuller Park options be successful that a temporary office could be set up as an interim measure while the application for funding and building works progress. An office type demountable is approximately $2,500 including GST for the delivery and installation of the structure (not including power, water and sewerage) with an approximate monthly rate of $485 including GST per month (7.3m x 3m multipurpose office building). The Development Application fee for a place of assembly is $5,011 and the development head works contributions would also be payable. Over the period of time it takes for the finalisation of the funding and building works, the costs for approvals, installation and removal of the building and rent could be substantial. A building approval application will be required over the site. The current fee for a building application is $1,875.20 including GST The RSL advised that if one of the Fuller Park options were successful they would require the War Memorial Monument to be moved near to the Clubhouse. If the Monument is required to be removed than a structural report may be required as the monument has been moved a number of times previously.

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BACKGROUND: Down Park, Thompson Road, Edmonton, has a large area of open park land and sporting fields, which also contains the Edmonton Tennis Club and Down Park Community Hall. The Edmonton Tennis Club currently has three tennis courts and a small clubhouse and Council has resolved to issue a lease for a term of ten years. The Down Park Community Hall is a well utilised facility used by the general community and by not for profit groups within the Edmonton area including the Seventh Day Adventist Church, Jehovan Nissi, Choi Kwang Do and the Italian Cultural Association. Fuller Park, Wolff Street Edmonton has a large open area of park land and sporting field. The area contains the Edmonton Pool, Lions Club storage shed and Council storage area, BMX track and clubhouse and maintenance shed leased by the Mulgrave Cricket Club. Ravizza Park, Ravizza Drive, Edmonton is a park and recreation area which contains a sound shell, picnic area and barbeques, play equipment, toilets and lighting. The area is utilised for ANZAC day celebrations as the War Memorial Monument is located near the proposed Ravizza Park option. Benjamina Park, Benjamina Street, Mount Sheridan is a large area of open park which contains playground equipment.

COMMENT: Sport and Recreation Sport and Recreation does not support the RSL building a new club house for the following reasons: Down Park and Ravizza Park ● There is a general shortage of sporting land in the Edmonton catchment area and

Ravizza Park, Down Park, Fuller Park and Benjamina Park are included as district sport parks. Any use of the subject parks for reasons other than sports would further diminish the available area for sporting uses.

● Council in its Park and Recreation Strategy is focused on better utilising existing infrastructure before building additional or new infrastructure.

● Council will master plan Down Park to allow for the expansion of the tennis courts and upgrade to have a more recreational focus.

Fuller Park Option 2 (behind the Swimming Pool) – Officers do not support any temporary or permanent structures with the RSL having sole usage. Also there are major security issues due to the fact that there is no street frontage, it is poorly lit and it is away from the car park area.

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Fuller Park Option 3 (next to units BUP103327) – There are numerous complaints to the police in regard vandalism and security issues around the existing buildings. The proposed Clubhouse would provide additional areas for youth to loiter after dark. Previous alterations to the small structure currently used by Mulgrave Cricket Club invoked the residents of the adjoining unit complex to lodge complaints regarding the structure restricting the breeze and air flow to their units. As part of the Development Approval process community input from the adjoining residences would be required. Planning Strategies and Development Assessment Planning Strategies and Development Assessment object to the construction of a separate new building for the RLS clubhouse as it raises ongoing issues and maintenance obligations. Establishing a new clubhouse on the sites would require an application for Material Change of Use which is impact assessable in the Sport and Recreation Planning area. A Development Application for a place of assembly is $5,011 and the development head works contributions would also be payable and a public consultation process would be required. Appropriate parking spaces are required per every 15 m² of rentable area and the building height should be a maximum of eight metres and is required to be set back from the road frontage of six metres. Specific comments to each site: Down Park, Thompson Road, Edmonton (Option 1) There would be no objection to the granting of tenure, where it involves the use of the already existing facility on Council’s land as it promotes the efficient use of community assets. Fuller Park, Wolff Street, Edmonton (Option 2) The existing pool complex is to be removed which would leave the proposed RSL building isolated and may constrain future development. This option is closely intergrated with existing development and is close to existing vehicle access and parking that could be easily expanded with minimal impact on the remainder of the park. Fuller Park, Wolff Street, Edmonton (Option 3) Consideration should be given to proposed parking and access with regard to the adjoining unit development and potential noise and disturbance to the residents. Ravizza Park, Ravizza Drive, Edmonton (Option 4) The building is shown to be setback a good distance from the road frontage and impacts on the existing trees should be minimised. The formed access from Ravizza Drive is an eight metre wide easement in favour of the Queensland Ambulance Service and would need to be kept clear of obstructions. An alternative access to a new car parking area may need to be considered.

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Infrastructure Management Down Park, Ravizza Park and Benjamina Park - Infrastructure Management objects to the proposal over its assets which include Down Park, Ravizza Park and Benjamina Park. The purpose of the parks are for open space and to build a clubhouse would further decrease the amount of open space and park land available to the community in the area. Fuller Park - both options are considered to close to the existing residential housing and the use by the RSL is considered to be inconsistent with the existing sporting facilities. Cultural Services Cultural Services has no comments in regard the proposal for a clubhouse on Council’s freehold land. Community Development Community Development would support any proposal for the construction of a facility which would be open for the public’s use, however defer to the views of Sport and Recreation. There are no known existing community facilities in the Edmonton area that would be appropriate to share with the RSL. Water and Waste Water and Waste does not object to the proposal for the RSL clubhouse over all the proposed options. ● The proposed building footprint is clear from any existing infrastructure and new

water and sewerage connections could be easily established. ● There is a sewer to the south of Fuller Park Option 1 of the proposed building

footprint and the building should be clear of the sewer. Water and sewer connections should be easily effected.

● There is no building footprint near the Fuller Park Option 2, to make a sewerage connection an extension would need to be constructed across Wolff Street which would be easily effected.

● The proposed building footprint should be well away from water and sewer infrastructure, however to make a sewerage connection a manhole would be required at the applicants cost. The water connection should be easily effected for the proposed location.

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Comments for consideration of a permanent structure and tenure arrangement

Option 1 Down Park

Option 2 Fuller Park

Option 3 Fuller Park

Option 4 Ravizza

Park

Option 5 Benjamina

Park Sport and Recreation

Objection Shortage of sporting land





Planning Strategies

Objection As it raises ongoing issues and maintenance obligations

Objection Removal of the existing pool complex may isolate the Clubhouse and constrain future development

Objection Potential noise disturbance to the adjoining residents



Infrastructure Management

Objection Further reduction of parkland and open space

Objection Further reduction of parkland and open space Too close to residential housing and inconsistent with existing sporting facilities

Objection Further reduction of parkland and open space Too close to residential housing and inconsistent with existing sporting facilities



Cultural Services

No comments No comments No comments No comments No comments

Community Development

Objection Referred to views of Sport and Recreation





Water and Waste

No objection Water and Sewerage connections can be easily effected




No comments

Development Assessment

Objection Referred to views of Planning Strategies





CONSIDERATIONS: Corporate and Operational Plans: This report has been prepared in accordance with the Cairns Corporate Plan: Goal 2 – Building Vibrant Communities. To build more creative, innovative and self reliant communities where participation in community life is enabled and encouraged.

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Parks and Recreation Strategic Plan’s focus is on multi-use and better utilisation of the existing space. Statutory: Any issue of tenure would be in accordance with the requirements of the Local Government Act 2009, Property Law Act 1974 and the Land Title Act 1994. It should be noted that should Council agree to their proposal any structure would become an asset of Council when tenure is finalised over the area. Policy: Tenures Policy for Not for Profit Recreation, Sporting and Community Groups.No.1.02.45 applies to all applications made for Not for Profit community groups for tenancy arrangements and renewal over Council owned or controlled land. Financial and Risk Assessment: Financial - Should Council issue tenure over the proposed area the RSL will be responsible for lease rental, rates and charges, water usage, maintenance and construction/deconstruction of the Clubhouse and any costs associated with the preparation of the tenure. Assets - Should tenure issue over the subject area there would be a reduction of use of Council’s asset as the use would be primarily for the RSL. People - Should their request be approved the RSL must undertake extensive community consultation with nearby residents and users of the various parks. Sustainability: Should Council issue tenure it would provide the RSL a venue to conduct their community services activities. However, Council Officers believe that multi-use of existing community purpose facilities is a more sustainable option rather than construction of single purpose facilities. The Cairns Regional Council Sustainability Scorecard has been completed in relation to the proposed issue of tenure and not the overall project. In undertaking this analysis officers answer a series of questions based on the four sustainability principles. The table shows how many of these questions generated a positive rating (green), a neutral rating [or not applicable] (blue) or a negative rating (red) to each question. The questions with the negative ratings (red) of the Sustainability Scorecard are as follows. ●The activity is totally reliant on water from treated mains supply? ●The activity will result in loss of open space? ●The activity will provide no direct employment benefit to Cairns? The negative results are of a minor nature and would have no direct impact on Council’s Sustainability.

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In general the action undertaken with regards to the subject of this report will have a mainly neutral effect on Council’s Sustainability.

CONSULTATION: As per the Comments section of this report.

CONCLUSION: A permanent tenure over any of the subject park areas is not considered to be a desirable option. However an interim tenure until the sublease between the RSL and Mulgrave Cricket Club is finalised would be satisfactory. Of the proposed options, Option 3 at Fuller Park would be the most suitable as it has road frontage, sufficient parking, it would not be difficult to connect water and sewerage to the proposed building and Fuller Park is the desired location of the RSL. However community consultation by the club should be undertaken prior to any tenure being issued.

OPTIONS: 1. That Council:

• does not offer permanent tenure for a clubhouse to the Edmonton and Hambledon sub-branch of the Returned Services League (RSL) over parts of the following Council freehold:

a) Lot 41 on RP704100, Down Park, Thompson Road Edmonton; b) Lot 1 on RP722073, Fuller Park, Wolff Street, Edmonton; c) Lot 1 on RP741338, Ravizza Park, Ravizza Drive, Edmonton; d) Lot 201 on SP175709, Benjamina Park, Benjamina Street, Mount

Sheridan.

• approves RSL’s proposal for the erection of a temporary structure over Lot 1 on RP722073 subject to:

a) the issue of a short term lease for a period of 5 years or less; b) the Lessee to pay rental in the sum of $122.00 (including GST) per

annum;

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c) The Lessee being responsible for all rates and charges, including cost of water usage on the lease premises;

d) the Lessee is responsible for all costs associated with the connection of power and water and sewerage to service the temporary structure;

e) the erection of the temporary structure being a moveable structure to be erected at no cost to Council;

f) the infrastructure being removed at the end of the term or upon securing alternate tenure in conjunction with the Mulgrave Cricket Club, whichever is sooner, with the site reinstated to its original condition at no cost to Council;

g) the lodgement of all appropriate Council approvals including a Development Application, an application for Material Change of Use with consideration given to appropriate community consultation;

h) the lodgement of a building application at no cost to Council; i) the Lessee being responsible for all reasonable costs associated with

the preparation, negotiation, execution and registration of the lease

• supports the issue of a sub-lease from the Mulgrave Cricket Club to the Edmonton and Hambledon sub-branch of the RSL over part of the clubhouse on part of Lot 1 on RP722073, Fuller Park, Wolff Street, Edmonton subject to:

a) Approval of funding by the State for the building of the proposed cricket

Clubhouse; b) Payment of $40,000 by the RSL to the Mulgrave Cricket Club towards

the cricket Clubhouse; c) That it being at no cost to Council.

Furthermore, Council delegates authority to the Mayor and Chief Executive Officer in accordance with section 257 of the Local Government Act 2009 to negotiate, determine and finalise any and all matters associated with the proposed tenure. 2 That Council approves the issue of a permanent tenure to the Edmonton and

Hambledon sub-branch of the Returned Services League on Council freehold over part of Lot 41 on RP704100, Down Park, Thompson Road, Edmonton for the purpose of a clubhouse, subject but not limited to the following:

a) the term to be determined from a date to be agreed; b) the Lessee to pay rental in the sum of $122.00 (including GST) per

annum; c) The Lessee being responsible for all rates and charges, including cost

of water usage on the lease premises; d) the Lessee is responsible for all costs associated with the connection of

power, water and sewerage to service the permenant structure; e) the lodgement of all appropriate Council approvals including a

Development Application, an application for Material Change of Use with consideration given to appropriate community consultation;

f) the lodgement of a building application at no cost to Council; g) the Lessee being responsible for all reasonable costs associated with


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3. That Council approves the issue of a permanent tenure to the Edmonton and Hambledon sub-branch of the Returned Services League on Council freehold over part of Lot 1 on RP722073, Fuller Park, Wolff Street, Edmonton for the purpose of a clubhouse, subject but not limited to the following:









4. That Council approve the issue of a permanent tenure to the Edmonton and Hambledon sub-branch of the Returned Services League on Council freehold over part of Lot 1 on RP741338, Ravizza Park, Ravizza Drive, Edmonton for the purpose of a clubhouse, subject but not limited to the following:









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5. That Council approve the issue of a permanent tenure to the Edmonton and

Hambledon sub-branch of the Returned Services League on Council freehold over part of Lot 201 on SP175709, Benjamina Park, Benjamina Street, Mount Sheridan for the purpose of a clubhouse, subject but not limited to the following:









ATTACHMENTS: Aerial Maps Linda Kirchner Manager Corporate Performance Sarah Philpot General Manager Corporate Services

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Down Park

Fuller Park

Ravizza Park

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Option 1 Proposed RSL Clubhouse Down Park

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Option 2 Proposed RSL Clubhouse Fuller Park

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Option 3 Proposed RSL Clubhouse Fuller Park

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Option 4 Proposed RSL Clubhouse Ravizza Park

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Benjamina Park

Option 5 Benjamina Park

proposed tenure for clubhouse for ......the edmonton and hambledon sub-branch of the returned...

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