no rth syd n e y coun ci l r e por t s · 2014. 11. 6. · the proposal also sought to enclose the...

Item LP04 Legal and Planning Committee 10/11/14

N O R T H S Y D N E Y C O U N C I L R E P O R T S

Report to General Manager Attachments:

1. Assessment against relevant Plans of Management SUBJECT: Former Kirribilli Ex-Serviceman’s Bowling Club, Milsons Point AUTHOR: Ben Boyd, Executive Strategic Planner ENDORSED BY: Joseph Hill, Director City Strategy EXECUTIVE SUMMARY: At its meeting of 18 August 2014, Council considered a Notice of Motion 15/14 (Minute No. 339) regarding the use of the former bowling club greens at Milsons Point. Council resolved: 1. THAT Council call for a report on what changes, if any, need to be made to its planning controls/plans of management, dealing with the current uses in the former bowling club buildings situated on the former bowling club greens at Milsons Point adjacent to the Sydney Harbour Bridge, so as to permit, if not already permitted, the current uses and to allow any small extensions to the existing building footprint, including the small strip of outdoor dining on edge of bowling green. The subject site is affected by North Sydney Local Environmental Plan 2013 (NSLEP 2013) and the Bradfield Park Plan of Management (2008) and the Foreshore Parks and Reserves Plan of Management (2010). NSLEP 2013 currently permits all of the existing uses to occur on the subject site with development consent and no further amendments are required in this respect. There a no further restrictions on the intensification or expansion of these existing uses under NSLEP 2013. The use, potential intensification and expansion of the existing community facility and markets are considered to be generally consistent with the two plans of management. The potential intensification or expansion of the subject site for a restaurant is not. Despite the Bradfield Park Plan of Management identifying a restaurant as being an acceptable use on the subject site, any intensification and expansion of this use is considered to be inconsistent with the plans of management. Whilst the plans of management could be amended to accommodate potential intensification or expansion of the restaurant use, such an amendment would be contrary to preparing plans of management in accordance with the purposes for which the land was reserved. Furthermore, the subject site is classified as ‘community land’ under the Local Government Act 1993 and signifies that it should be kept for use by the general public. The restaurant functions clearly do not allow this to occur. Community land cannot be sold and is subject to strict restrictions to ensure its long term retention for public use.

Report of Ben Boyd, Executive Strategic Planner Re: Former Kirribilli Ex-Serviceman’s Bowling Club, Milsons Point

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Whilst the subject site could be reclassified to ‘operational land’ and thereby removing many of the current restrictions, there is potential for the land to be sold or otherwise disposed of resulting in the loss of public land. On this basis, reclassification of the subject land is not supported. FINANCIAL IMPLICATIONS: Nil RECOMMENDATION: 1. THAT the report be received.


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LINK TO DELIVERY PROGRAM The relationship with the Delivery Program is as follows: Direction: 1. Our Living Environment Outcome: 1.5 Public open space, recreation facilities and services that meet community

needs Direction: 2. Our Built Environment Outcome: 2.1 Infrastructure, assets and facilities that meet community needs 2.2 Improved mix of land use and quality development through design

excellence BACKGROUND At its meeting of 18 August 2014, Council considered a Notice of Motion 15/14 (Minute No. 339) regarding the use of the former bowling club greens at Milsons Point. The Notice of Motion arose in response to numerous attempts and requests to expand the existing restaurant facilities on the subject site. Council subsequently resolved:

1. THAT Council call for a report on what changes, if any, need to be made to its planning controls/plans of management, dealing with the current uses in the former bowling club buildings situated on the former bowling club greens at Milsons Point adjacent to the Sydney Harbour Bridge, so as to permit, if not already permitted, the current uses and to allow any small extensions to the existing building footprint, including the small strip of outdoor dining on edge of bowling green.

This report addresses the resolution. CONSULTATION REQUIREMENTS Community engagement is not required. The matter was referred to the Open Space and Environmental Services Division for their comment due to the subject site’s zoning and the application of two plans of management (refer to section 8 of this report). SUSTAINABILITY STATEMENT The sustainability implications are of a minor nature and did not warrant a detailed assessment.


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DETAIL 1. Site Description The subject site comprises a single allotment of land legally described as Lot 1 DP 873687, otherwise known as 41 Alfred Street, Milsons Point. The subject site is generally trapezoidal in shape and covers an area of approximately 5,216sqm. It has an approximately 40m frontage to the southern side of Burton Street, 105m frontage to the eastern side of Alfred Street and a 60m frontage to the northern side of Fitzroy Street, with the northern approach to the Sydney Harbour Bridge forming the eastern boundary of the subject site.

Figure 1: Subject Site Figure 2: Aerial Photo

The subject site formerly comprised the Kirribilli Ex-Serviceman’s Bowling Club, and is now currently occupied by the Bradfield Park Community Centre, La Capannina restaurant and the monthly Kirribilli Markets and Kirribilli Art and Design Markets. The Markets operate from the site once every two weeks. Two former lawn bowling greens occupy the majority of the subject site and are located adjacent to the majority of the site’s western and southern boundaries. The southern green’s surface is turfed, whilst the northern green comprises synthetic grass. These former greens are used in association with the monthly Kirribilli Markets and Kirribilli Art and Design Markets. A large gravel paved area separates Burton Street from the former bowling greens to the south and is used in association with the monthly Kirribilli Markets and Kirribilli Art and Design Markets. A part single and part two storey brick and weatherboard clad building occupies the south-eastern corner of the site. The northern portion of the building is principally used as a community centre, whilst the southern portion of the building is used as a both a restaurant and a community function room which is capable of being hired by the general public. The


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restaurant has ability to cater for up 102 people seven days a week, however is restricted to a maximum of 32 people between 4pm and 12 midnight from Sunday to Wednesday inclusive. Pedestrian access to the Markets and Community Centre is principally made from Burton and Alfred Streets, whilst pedestrian access to the restaurant is principally made from Fitzroy Street with secondary access provided from Alfred Street. A singular vehicular access point is provided off Burton Street, providing access for service vehicles only along the eastern boundary of the site. No marked vehicular parking is provided on the site. The site has been terraced, such that it is generally flat and elevated above Fitzroy Street and to a lesser extent from Alfred Street. The site’s presentation to each of these streets is essentially dominated by a sandstone retaining wall extending around the perimeter of the site. Mixed and varied landscaping is provided atop of the retaining walls.

Community Centre

Community function room / Restaurant

Restaurant / BBQ area

Markets

Figure 3 : Use of the site 2. Site History The subject site was originally established as a recreational facility in the 1940s for the purposes of lawn bowls and a registered club. These uses ceased to operate on the site in July 2001, when the bowling club’s lease expired and the land was returned to Council. 2.1. DA215/03 On 5 May 2003, Council received a development application to enable the use of the majority of the northern portion of the existing building and entire first floor level as a community


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facility. Council approved this application subject to conditions on 15 September 2003. The approved hours of operation for the community facilities were between 6am - 12 midnight, seven days a week. 2.2. DA287/03 On 11 June 2003, Council received a development application to enable the use of the southern part of the premises as a restaurant and community facility. The proposal also sought to enclose the former ‘BBQ area’ located to the south of the main building. Council approved this application subject to conditions on 7 October 2003. In particular, the approval:

• limited the use of the ‘BBQ Area’ for the purposes of a restaurant from 6:00am to 12:00am (midnight), 7 days a week;

• limited the use of the community function room as a restaurant: o between 6:00am and 12:00am (midnight), Thursday to Saturday

inclusive; and o between 6:00am and 4:00pm Sunday to Wednesday inclusive;

• limited the use of the community function room for the purposes of a community facility and enabling it to be publicly hired between 4:00pm and 12:00am (midnight), Sunday to Wednesday inclusive;

• limited the number of patrons to: o 32 in the BBQ area; and o 70 within the community function room.

2.3. DA85/07 On 9 March 2007, Council received a development application to undertake refurbishment works to the existing community centre and to construct new toilet facilities associated with the restaurant. The toilet additions resulted in a small extension on the south eastern side of the existing building. Council approved this application subject to conditions on 23 April 2007. 2.4. DA94/08 On 3 March 2008, Council received a development application to undertake internal alterations and additions to the restaurant. Council approved this application subject to conditions on 19 May 2008. 2.5. DA124/11 On 29 March 2011, Council received a development application for alterations and additions to the existing restaurant. In particular, it sought to provide a new outdoor dining area of approximately 85sqm and accommodating up to 50 additional patrons adjacent the entire western elevation to the existing community function room and partially located over the former bowling green. This area would include new paving, retractable sunshade, timber pergola structure and planting. This application was withdrawn by the applicant on 13 May 2011 due to Council withdrawing its owner’s consent. The reason for Council withdrawing its consent, was that the proposal as submitted was significantly larger than that initially agreed to at a pre-DA meeting held on 1 March 2011, on which basis Council had originally agreed to issuing owner’s consent.


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2.6. DA226/12 On 9 April 2013, Council received a development application to allow an additional produce market to occur once a month on the subject site. The application was withdrawn on 30 July 2013 due to the proposal not being capable of being satisfying the requirements of the Bradfield Park Plan of Management that applies to the subject site. In particular, the Plan of Management only permitted a maximum of two markets on the subject site and the proposal resulted in the incorporation of a third market. 3. Local Context The subject site is located centrally between the Milsons Point Town Centre and the northern approach to the Sydney Harbour Bridge. The Milsons Point Town Centre, which is located to the west on the opposite side of Alfred Street, is characterised by a mixture of commercial and mixed commercial and residential developments up to 21 storeys in height. To the north and south of the subject site on the opposite side of Burton and Fitzroy Streets is Bradfield Park, which provides formal and informal passive open spaces. The northern approach to the Sydney Harbour Bridge, which immediately adjoins eastern boundary of the site, is characterised by an elevated road and railway line up to approximately 16m in height. 4. Current Planning Provisions The following subsections identify the relevant principal planning instruments that apply to the subject site and the key development controls. 4.1. NSLEP 2013 NSLEP 2013 was made on 2 August 2013 through its publication on the NSW legislation website and came into force on the 13 September 2013. The planning provisions relating to the subject site are outlined in the following subsections. 4.1.1. Permissible uses The subject site is zoned RE1 - Public Recreation (refer to Figure 5) under NSLEP 2013.


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Figure 5: NSLEP 2013 extract - Zoning Map

The objectives and land use table to the RE1 - Public Recreation zone are provided below:

1 Objectives of zone • To enable land to be used for public open space or recreational purposes. • To provide a range of recreational settings and activities and compatible land

uses. • To protect and enhance the natural environment for recreational purposes. • To ensure sufficient public recreation areas are available for the benefit and

use of residents of, and visitors to, North Sydney.

2 Permitted without consent Environmental protection works

3 Permitted with consent Building identification signs; Business identification signs; Community facilities; Environmental facilities; Information and education facilities; Kiosks; Recreation areas; Recreation facilities (outdoor); Roads; Water recreation structures

4 Prohibited Any development not specified in item 2 or 3

The existing activities undertaken upon the subject site can be defined as follows:


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TABLE 1: Land use definitions under NSLEP 2013 Activity Land Use Term Definition La Campanniana

Restaurant or cafe restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, takeaway meals and drinks or entertainment are also provided. Note. Restaurants or cafes are a type of food and drink premises-see the definition of that term in this Dictionary.

Kirribilli Markets and Kirribilli Art and Design Markets

Markets market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis. Note. Markets are a type of retail premises-see the definition of that term in this Dictionary.

Bradfield Park Community Centre

Community Facility community facility means a building or place: (a) owned or controlled by a public authority or non-profit

community organisation, and (b) used for the physical, social, cultural or intellectual

development or welfare of the community, but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.

All of the existing uses are prohibited in the zone, with the exception of community facilities which are permissible with development consent. However, clause 2.5 to NSLEP 2013 relates to additional permitted uses for particular land. In particular, it states:

(1) Development on particular land that is described or referred to in Schedule 1 may be carried out: (a) with development consent, or (b) if the Schedule so provides - without development consent, in

accordance with the conditions (if any) specified in that Schedule in relation to that development.

(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

Clause 23 to Schedule 1 relates to additional permitted uses of land on the subject site. In particular, it states:

(1) This clause applies to land at Bradfield Park, 41 Alfred Street South, Milsons Point, being Lot 1, DP 873687.

(2) Development for the following purposes is permitted with development consent: (a) markets, (b) a restaurant or cafe.

Accordingly, all current uses on the site are permissible with consent and therefore do not need to be amended to allow any modification or intensification to the existing uses.


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4.1.2. Development in the RE1 Zone Clause 6.7 of NSLEP 2013 relates to development proposed within the RE1 - Public Recreation or RE2 - Private Recreation zones. In particular it states:

(1) This clause applies to land in the following zones: (a) Zone RE1 Public Recreation, (b) Zone RE2 Private Recreation.

(2) Development consent must not be granted for development on land to which this clause applies unless the consent authority has considered the following: (a) the need for the proposed development on the land, (b) whether the proposed development is likely to have a detrimental

impact on the existing or likely future use of the land, (c) whether the height and bulk of any proposed building or structure has

regard to the existing vegetation and topography, (d) whether the proposed development will adversely impact on bushland

and remnant bushland, (e) whether the proposed development will adversely impact on stormwater

flow, (f) in the case of land in Zone RE1 Public Recreation, whether the

proposed development will significantly diminish public access to, and use of, that public recreation area.

(3) Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that: (a) the proposed development is consistent with the objectives of the zone

of any adjacent land, and (b) the proposed development is not likely to result in any adverse impacts

on development that is permissible on any adjacent land, and (c) the proposed development is consistent with the most restrictive

development standards applying to any adjacent land in the following zones in relation to the height of buildings, floor space ratios and setbacks: (i) Zone R2 Low Density Residential, (ii) Zone R3 Medium Density Residential, (iii) Zone R4 High Density Residential, (iv) Zone B1 Neighbourhood Centre, (v) Zone B3 Commercial Core, (vi) Zone B4 Mixed Use, (vii) Zone IN2 Light Industrial, (viii) Zone IN4 Working Waterfront, (ix) Zone E4 Environmental Living.

A strict technical application of this clause would result in the B1 - Neighbourhood Centre being the most restrictive adjacent zone to the subject site. Accordingly, the relevant development standards that would apply to the subject site are as follows:

Building height: 12m (max) Floor space ratio: 1:1 (max) Setbacks: Front: 0m Side and rear: 0m and a 3.5m building height plane


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4.2. NSDCP 2013 The only section of the DCP that applies to the subject site is the Milson Point Town Centre Character Statement located in Section 9.1 to Part C of the DCP. However, there are no controls of relevance to the subject site other than to preserve and enhance views and vistas to Sydney Harbour and beyond. To ensure that future development on the subject site is appropriately controlled, Council could consider incorporating some more site specific controls subject to an urban design analysis. 5. Matters for consideration under the Local Government Act 1993 The subject site is owned by Council and is deemed to be ‘public land’ under the Local Government Act 1993 (LG Act). The LG Act contains special provisions as to how a council is to manage public land. All public land is required under the LG Act to be classified as either ‘community land’ or ‘operational land’. The purpose of the classification is to clearly identify land which should be kept for use by the general public (community) and land that which need not (operational). The subject site is classified as ‘community land’ under the LG Act. The general position is that there are no special restrictions on a council's powers to manage, develop or dispose of operational land, subject to the provisions of relevant environmental planning instruments (EPIs - e.g. LEPs). Community land on the other hand, cannot be sold or otherwise disposed of by councils. There are also restrictions on the use of community land (through plans of management) and the granting of leases and licences (not more than 21 years and only more than 5 years if public notice is given). 5.1. How is community land managed? The LG Act spells out the ground rules for the use of public land managed by councils. These rules cannot be set aside under s.28 of the Environmental Planning and Assessment Act, 1979 (EP&A Act) or modified by an EPI, but there is nothing to prevent an EPI imposing additional restrictions. A principle requirement of the LG Act is preparation of a plan of management (s.36) for all community land. Once that plan of management is in place, the land must be managed in accordance with it (s.35). 5.2. Consistency with Plans of Management The subject site is affected by the Bradfield Park Plan of Management (2008) and the Foreshore Parks and Reserves Plan of Management (2010). A detailed assessment against the two Plans of Management is provided in Attachment 1 to this report. In summary:

the potential intensification and/or expansion of the existing community centre and markets is considered to be generally consistent with the relevant management objectives and management actions of both plans of management;

the potential intensification and/or expansion of the restaurant facilities is considered to be inconsistent with some of the relevant management objectives to both plans of management insofar that it: o would increase the privatisation of a public asset;


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o could reduce the ability to maintain a landscaped character; o could impact on views to the Harbour, Harbour Bridge and city; o could increase stormwater runoff; and o could increase conflict between park users.

the potential intensification and/or expansion of the restaurant facilities is considered to be inconsistent with some of the relevant management actions to both plans of management insofar that it: o would be inconsistent with the outcomes of the Bradfield Park and

Kirribilli Foreshore Master Plan; o would potentially reduce the carrying capacity of the park; o would reduce the amount of space used for informal recreation; o could potentially reduce views across the site; o could reduce the amount of space used for the markets; o could reduce the ability for parts of the site to leased of licensed for

community purposes; o would be contrary to meeting the core objectives for a ‘park’ under the

LG Act. Accordingly, the Plans of Management would need to be amended if intensification or expansion of the existing restaurant is to occur. However, any amendment would be required to be consistent with the core objectives of the management of land categorised as a park and the management objectives of the plans of management. As demonstrated in Attachment 1, any intensification or expansion of the existing restaurant would be inconsistent with these objectives and therefore could not be supported. 6. Leases and licences for community land Community land is classified because of its importance to the community. It is generally set aside for the public to enjoy. Leasing and other forms of alienation limit the ability of the public to use that land. Other matters may also arise, but this is at the core of the issues involved in the leasing etc. of community land. The LG Act contains important restrictions on the ability of a council to grant leases, licences and other estates over community land. This is coupled with requirements for public consultation to make sure that a council takes community views into account. The LG Act provides that Council may lease or licence community land where:

it is expressly authorised to do so under a Plan of Management (ss.46(1)(b)) and it is for a purpose prescribed by the core objectives for the category of community land into which the land in question falls, or

the purpose for which the lease or licence is issued comprises a purpose under ss.46(1)(b) and is consistent with the core objectives for the area of community land (ss.46(2)).

The purposes to which ss.46(1)(b) relates are identified in ss.46(4) and includes the provision of the following:

a public road; or


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goods, services and facilities, and the carrying out of activities, appropriate to the current and future needs within the local community and of the wider public in relation to any of the following: o public recreation, o the physical, cultural, social and intellectual welfare or development of

persons Subsection 46(5) states that purposes prescribed by s.46(4) in relation to the physical, cultural, social and intellectual welfare or development of persons includes, but are not limited to, maternity welfare centres, infant welfare centres, kindergartens, nurseries, child care centres, family day-care centres, surf life saving clubs, restaurants or refreshment kiosks. Both markets and community centres are considered to fall under one of the prescribed purposes and are considered to be consistent with the core objectives of the categorisation of the land (i.e. park). Therefore, there should be no objection to the granting of a lease or license for the use of the subject site as markets or a community centre. Despite restaurants being considered as a prescribed purpose under ss.46(4), they are not considered to be entirely consistent with the physical, cultural, social or intellectual welfare of people nor the core objectives of a ‘park’. Whilst it is acknowledged that leases have been issued with respect to the use of part of the site for a restaurant, consideration needs to be given to the prominence of that use on the subject site. The existing restaurant currently comprises a dominant use of the site and any further intensification would be considered to be well outside of meeting the core objectives of the categorisation of the subject land. This provides a major impediment to intensifying or expanding the existing restaurant activities. 7. Reclassification The current community land classification of the subject site severely restricts the use and management of the subject site. However, the LG Act enables ‘community land’ to be reclassified to ‘operational land’ (s.30) which would enable all previous restrictions applying to the subject site (e.g. matters for consideration under a plan of management) to be removed, allowing a more flexible approach to the development of the land. There are 2 ways to reclassify community land:

by an EPI (s.27); and by council resolution (s.28), but only if certain conditions are met.

It is not possible to reclassify the subject site pursuant to a Council resolution due the land not having been dedicated to Council under s.94 of the EP&A Act. Accordingly, the subject site could only be reclassified through an amendment to an EPI (i.e. an amendment to NSLEP 2013). In addition to following the LEP procedures under the EP&A Act, a public hearing under s.57 of the EP&A Act must be held (s.29 to the LG Act). If a draft LEP proposes to reclassify public land and also extinguish any restrictions, trusts etc applying to the land, then further procedures are required to be followed. In particular, an LEP must include a specific clause discharging the land from any trusts, dedications, or other limitations upon reclassification. The land will not be free until such a clause is inserted into the LEP and the LEP commences.


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Retaining a ‘community land’ classification would ensure that the subject site is retained for public purposes for which it was originally reserved and prevents public land from being sold. Conversely, reclassifying the land to ‘operational land’ could result in the land being sold to fund other council infrastructure or enable the development of the site for purposes not originally envisaged. If Council were to reclassify the subject site to ‘operational land’, it would be required to reclassify the entire site (i.e. the full extent of the legal allotment which incorporates all three uses). This would result in losing some of the protection afforded to the other community uses occurring on the site (community centre and markets). If Council wanted to only reclassify the restaurant portion of the site, it may be able to achieve this if the site is first subdivided by torrens title. However, due to the arrangement of existing of uses across the site (i.e. multiple uses over the space including though existing buildings), it would be difficult to further subdivide the site in its current state. Accordingly, retaining a ‘community land’ classification over the subject site is strongly supported, as it would:

enable Council to retain land for public open space and ancillary purposes which is at a premium in a locality experiencing ever increasing population intensification; and

provides a level of certainty for the community that the land is to remain in public ownership.

8. Referral The matter was referred to the Open Space and Environmental Services Division (OSE) for their comment. Their advice has been incorporated throughout this report, especially with regard to the ability of the proposal to comply with the relevant plans of management. OSE did not raise any particular objection of the intensification or expansion of the existing community centre or markets, however raised strong objection to any intensification or expansion of the existing restaurant. In particular, the proposed intensification or expansion of the restaurant could not be supported for the following reasons:

The use is contrary to the classification of the site as ‘community land’ which signifies that the land should be kept for use by the general public.

The use is considered to be generally inconsistent with the applicable Plans of Management applying to the subject site.

A lease or licence could not be granted for the expansion of the restaurant due to the proposal being generally inconsistent with the applicable Plans of Management applying to the subject site and core objectives for land categorised as a park.

9. Conclusion The NoM sought to identify any changes that would be required to council’s planning policies that applied to the former Kirribilli Ex-Serviceman’s Bowling Club site to enable the future intensification and expansion of the existing community facility, markets and restaurant operating from the site.


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NSLEP 2013 currently permits all of the existing uses to occur on the subject site with development consent and no further amendments are required in this respect. The subject site comprises ‘public land’ and is therefore subject to various provisions under the LG Act. In particular, 2 plans of management apply to the subject site. Whilst the community facility and markets are considered to be generally consistent with the plans of management, the use of the site for a restaurant is not. Despite the Bradfield Park Plan of Management identifying a restaurant as being an acceptable use on the subject site, any intensification and expansion of this use is considered to be inconsistent with the plans of management. Whilst the plans of management could be amended to accommodate potential intensification or expansion of the restaurant use, such an amendment would be contrary to preparing plans of management in accordance with the purposes for which the land was reserved and categorised. Furthermore, the subject site is classified as ‘community land’ under the Local Government Act 1993 and signifies that it should be kept for use by the general public. The restaurant functions clearly do not allow this to occur. Community land cannot be sold and is subject to strict restrictions to ensure its long term retention for public use. Whilst the land could be reclassified to ‘operational land’ and thereby removing many of the current restrictions, there is potential for the land to be sold or otherwise disposed of resulting in the loss of public land. On this basis, reclassification of the subject land is not supported.

Former Kirribilli Ex-Serviceman’s Bowling Club, Milson Point - Attachment 1

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Attachment 1 – Assessment against relevant Plans of Management

1. Bradfield Park Plan of Management The Bradfield Park Plan of Management sets out a number of management objectives and actions to

achieve those objectives of the plan. These issues are addressed in the following subsections.

1.1. Management Objectives The relevant management objectives that relate to the subject site are as follows:

To manage the land for public recreation and cultural activities in accordance with the overall objectives of the North Sydney Council Management Plan;

To ensure management of Bradfield Park is consistent with key strategic documents including the Sydney Harbour Regional Environmental Plan (Sydney Harbour Catchment) 2005, the

Sydney Harbour Catchment Blueprint 2002, the Sydney Harbour Bridge Conservation

Management Plan 2007, and the Sydney Harbour Bridge Interpretation Plan 2007;

To upgrade the physical environment of the Park in accordance with the aims and vision contained in the Bradfield Park and Kirribilli Foreshore Master Plan 1998;

To provide and maintain a high quality recreation facility that meets the needs of the local users and the wider community, including visitors to North Sydney;

To define, promote and maintain an appropriate landscape character for Bradfield Park;

To upgrade the existing recreational and cultural environment and the aesthetics of the Park where required;

To ensure the Park is accessible to the general community;

To ensure views of the harbour, the Bridge and the city are maintained;

To cater for users with physical impairments where practical within the physical constraints of the Park;

To ensure the Plan of Management is flexible and able to evolve with changing community attitudes;

To minimise the adverse effects of pollution and stormwater runoff on the Park;

To minimise conflict between Park users;

To provide for public safety;

To emphasise the connection between the significant recreational resources of Bradfield Park, Luna Park and the North Sydney Olympic Pool;

The potential intensification and/or expansion of the existing approved uses is considered to be

generally consistent with the relevant management objectives. However, the expansion of the

existing restaurant facilities could be considered to be inconsistent with some of the relevant

objectives insofar that it:

would increase the privatisation of a public asset;

could reduce the ability to maintain a landscaped character;

could impact on views to the Harbour, Harbour Bridge and city;

could increase stormwater runoff; and

could increase conflict between park users.

The management objectives are used to guide policy development and formulation of the

management actions in the plan which are addressed in the following subsection.


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1.2. Management Actions The proposal’s consistency with the relevant actions are addressed in Table 1.

TABLE 1: Consistency with Management Actions

Issue Objective Action Comments

Landscape

Amenity and

Aesthetics

To ensure Bradfield Park has a

high amenity value.

Assess all detailed landscape

design proposals for their

consistency with the desired

landscape character of the Park

as set out in the Bradfield Park

and Kirribilli Foreshore Master

Plan.

This action is addressed at

section 1.3 to this Attachement.

To retain and enhance important

views across the Park to the

harbour and city, and to the Park

from the city.

Site new plantings and built

structures taking views out of

the Park into consideration.

There is very limited scope in

expanding the existing building

footprint on the subject site.

Any extension would need to be

restricted to the eastern side of

the existing building to ensure

that view lines are retained

across the western side of the

site.

Maintain the largely open

grassland character of the Park.

Expanding the footprint of the

existing building will reduce the

ability to meet this action.

To recognise and integrate the

diverse landscape characters of

the various parts of Bradfield

Park.

Implement the planning and

design strategies set out in the

Bradfield Park and Kirribilli

Foreshore Master Plan.


section 1.3 to this Attachment.

Landscape

Design

Masterplan

To upgrade Bradfield Park

Central.

(This area extends from Burton

Street south to Fitzroy Street,

and includes the area occupied

by the former Bowling Club.)

Undertake investigation and

planning works including:

• Archaeological Investigation

• Geotechnical Investigation

• Heritage Impact Study

• Contamination Study

These works have yet to be

undertaken. These issues would

need to be addressed in any DA

to intensify or expand existing

land uses on the subject site.

Engage appropriately qualified

consultants to carry out the

detailed design of Bradfield

Park Central.

Prepare detailed design plan and

a Development Application

based on the Master Plan to

facilitate upgrading work.

Carry out the new works to

upgrade Bradfield Park Central.

Other

Landscape

Improvement

Projects

To carry out other landscape

works to improve the amenity

and functionality of Bradfield

Park.

Upgrade the Bradfield Park

Community Centre/Restaurant

Building.

The building has been

progressively upgraded between

2003 and 2008. There is little to

no guidance as to how the

existing building is to be

upgraded or its extent.


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Recognition

of Park

Heritage

To recognise and integrate the

Harbour Bridge and its

approaches as a central element

in the Park

Take this objective into account

when carrying out new work.

Any proposed intensification or

expansion of existing uses is

unlikely to have an adverse

impact on the heritage

significance of the Harbour

Bridge.

Park

Furniture

and other

structures

To progressively install

coordinated park furniture and a

consistent set of materials that

complement the desired

landscape character of Bradfield

Park.

Submit a DA for all proposed

structures and other major

works to be undertaken in the

Park in accordance with

Council’s LEP.

Such issues are for

consideration at the DA stage.

Consult and elicit comments

from users of the Park and the

general community prior to the

commencement of any new

development.

The community would need to

be notified prior to the

amendment of any land use

mixes of expansion of any

existing buildings and structures

located upon the site.

Use of the

Park

To allow a range of unstructured

recreational activities to take

place in Bradfield Park.

Ensure all activities occurring in

the Park are appropriate, are

consistent with the ‘core

objectives’, and lie within the

‘carrying capacity’ of the Park.

The consistency with the core

objectives are addressed at


In addition, it is considered that

minor increases in intensity or

expansion to existing uses

would have limited impacts on

the carrying capacity of the

park.

To accommodate youth and

informal school recreation in

Bradfield Park without

significantly compromising the

amenity of other Park users.

Restrict active recreation to

informal sports and games.

A proposed expansion of the

existing building or provision of

an outdoor dining area

associated with the restaurant

could result in reducing the

amount of space used for

informal recreation.

To acknowledge and promote

Bradfield Park as a venue for

viewing the harbour and for

celebrating major harbour

events

Provide facilities in Bradfield

Park on selected occasions to

ease the pressure on other

harbourside parks.

The subject site only provided

limited viewing opportunities

for Harbour events. However,

any expansion of the existing

building would further reduce

these limited opportunities.

Bradfield

Park Central

(former

Bowling

Club site)

To upgrade Bradfield Park

Central in accordance with the

vision set out in the Bradfield

Park and Kirribilli Foreshore

Master Plan.

Upgrade Bradfield Park Central

as per the Actions set out in the

‘Landscape Improvement

Works’ section of this Matrix.

Although the Master Plan

originally envisaged the

retention of one bowling green

(on the assumption that the club

would still be operating), the

Master Plan’s vision for this

area in terms of creating a

‘village green’ and community

focal point remains relevant.

The expansion the existing

building, especially on its

western side would reduce the

ability to achieve this action.


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Kirribilli

Markets

To accommodate the monthly

Kirribilli markets within the

Park without significantly

degrading the Park

environment.

Liaise with the Kirribilli

Neighbourhood Centre to

facilitate continuing appropriate

use of the Park by the markets.

Expansion of the existing

building could result in reduced

areas being made available to

accommodate the existing

markets.

Relocate the monthly Kirribilli

Markets.

For several years the markets

had been held over the two

former bowling greens.

However, in 2008, the markets

moved off the southern most

green.

Temporarily resurface the north

terrace (level with Broughton

Street) with compacted gravel

for market use as a short-term

solution.

This work has been completed.

To accommodate the monthly

Kirribilli Art and Design

markets within the Park without

significantly degrading the Park

environment.

Retain the Kirribilli Art and

Design markets in their current

location.

These markets are limited to the

same area of site as the Kirribilli

Markets (top gravel terrace and

northern green). Expansion of

these markets onto other parts of

the site would be contrary to

achieving the action.

Linkages To encourage links between the

Park and Kirribilli Village.

Create a community focus for

the Kirribilli and Milsons Point

areas by upgrading Bradfield

Park Central.

Intensification and or expansion

of the existing uses is unlikely

to impact on the attainment of

this action.

Prepare and implement the new

design plan for Bradfield Park

Central.

The upgrade of the northern

terrace and the northern bowling

green has already been

completed.

Intensification and or expansion

of the existing restaurant or

market uses is unlikely to

achieve the desired outcomes

for the subject site (refer to s.1.3

to this Attachment).

Leases,

Licences and

Other

Estates

To allow use of Bradfield Park

for a range of cultural and

recreational activities.

Grant leases, licences and other

estates to cultural and

recreational organisations for

use of Bradfield Park as a venue

for appropriate events.

Intensification and/or expansion

of the markets or community

centre is considered to be

consistent with this action.

However, the intensification

and/or expansion of the

restaurant facilities is

considered to be inconsistent

with this action.

To raise revenue by granting

leases, licences and other

estates.

Enter into a new lease with the

current tenants of the restaurant

located in the former bowling

clubhouse.

A new lease commenced in late

2007 when renovation work to

the toilets had been completed.


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To assist community groups by

providing premises for lease at

affordable rates.

Lease the community centre

side of the former bowling

clubhouse to the Kirribilli

Neighbourhood Centre for a

term of 3 years to enable the

establishment of a Wellness

Centre.

A new lease commenced in late

2007 when renovation work to

the toilets had been completed.

This action is very specific and

appears to further restrict the

use of this space once the

original lease expires.

1.3. Bradfield Park and Kirribilli Foreshore Masterplan (1998) The Plan of Management is largely influenced by the recommended outcomes of the Bradfield Park

and Kirribilli Foreshore Masterplan which was adopted by Council in June 1998. With respect to

the subject site, the Masterplan stated:

Reorganisation of the Bowling Club area to provide one bowling green in conjunction with

the creation of a new civic space providing a link to Kirribilli centre. Redevelopment of the

club house to provide a public refreshment facility whilst incorporating and improving

existing clubhouse functions.

The Masterplan also identified the following outcomes for the subject site:

Extension of the Markets from Burton Street onto the top terrace of the subject site;

Provision of shaded seating in the north-western corner of the site;

Provision of a sculpture or water feature in the north-western corner of the site;

Investigate the viability of commercial development within the northern bridge approach opening onto the subject site (long term option);

Upgrade the existing clubhouse with cafe and community facilities;

Potential to include an underground car park, beneath the existing bowling greens;

Conversion of the southern bowling green for shaded seating;

Provision of new viewing stairs connecting the former southern bowling green with Fitzroy Street;

Retention of the northern bowling green (long term option)

When the Masterplan was originally developed, it anticipated that the former bowling club would

continue to operate on the subject site in the medium term. However, former bowling club ceased

operating within 3 years of the adoption of the Masterplan. Notwithstanding, the long-term vision for

the subject site was for its use as a passive recreation space with ancillary community uses (i.e. a

community centre and markets) and ancillary commercial activities (i.e. a cafe).

Minor intensification and/or expansion of existing uses on the subject site could be considered to be

generally consistent with the desired outcomes of the Masterplan. However, any intensification or

expansion of the existing restaurant facilities may be considered inconsistent with the Masterplan,

given that the restaurant facilities are to be an ancillary use of the site.

In light of the subject site no longer being actively used for lawn bowls, further consideration should

be given to the potential short and long term uses of the subject site.


6

1.4. Core objectives Bradfield Park is categorised as a ‘park’ under the LG Act and the mandated core objectives for

management of land categorised as a ‘park’ are as follows:

(a) to encourage, promote and facilitate recreational pursuits in the community involving

organised and informal sporting activities and games, and

(b) to provide for passive recreational activities or pastimes and for the casual playing of

games, and

(c) to improve the land in such a way as to promote and facilitate its use to achieve the

other core objectives of management.

It is considered that the intensification and or expansion of the existing markets and community

centre would not prevent the site from meeting the core objectives. However, any intensification and

or expansion of the restaurant facilities is considered to be inconsistent with meeting the core

objectives of the Park.

2. Foreshore Parks and Reserves Plan of Management The Foreshore Parks and Reserves Plan of Management sets out a number of management objectives

and actions to achieve those objectives of the plan. These issues are addressed in the following

subsections.

2.1. Management Objectives The relevant management objectives that relate to the subject site are as follows:

To manage all foreshore parks and reserves in accordance with the overall objectives of the North Sydney Council Management Plan;

To provide and maintain high quality recreation facilities that meet the needs of the local users and the wider community, including visitors to North Sydney, based on identified needs

and within budget;

To ensure that the use and management of these areas is sustainable in environmental, social and economic terms, and takes account of environmentally sustainable principles;

To ensure foreshore parks and reserves are accessible to the general community;

To cater for users with mobility and other impairments where practical within the physical constraints of the individual foreshore parks and reserves;

To provide a range of viewing experiences out of the foreshore parks and reserves;

To define, promote and maintain an appropriate landscape character for the individual foreshore parks and reserves;

To protect and enhance the recreational, heritage, scientific and natural qualities and values of the foreshore parks and reserves;

To increase linkages between existing foreshore parks and reserves to encourage greater frequency of movement and to aid the establishment of a continuous network of foreshore

open space;

To provide for a range of recreational activities commensurate with each park or reserve’s capacity, based on identified needs and within budget;

To ensure all uses of the foreshore parks and reserves are appropriate; that they comply with the individual park or reserves purpose as an area for public recreation, and accord with its

zoning (Public Open Space or Bushland);

To allow use of the foreshore parks and reserves by groups or for special events where appropriate;


7

To provide for public safety;

To minimise conflict between users of the foreshore parks and reserves;

The potential intensification and/or expansion of the existing uses is considered to be generally

consistent with the relevant management objectives. However, the expansion of the existing

restaurant facilities could be considered to be inconsistent with the relevant objectives insofar that it:

would increase the privatisation of a public asset;

could impact on views to Harbour, Harbour Bridge and city;

could increase conflict between park users.

The management objectives are used to guide policy development and formulation of the

management actions in the plan which are addressed in the following subsection.

2.2. Management Actions The proposal’s consistency with the relevant actions are addressed in Table 2.



Landscape

Amenity and

Aesthetics

To ensure the foreshore parks

and reserves have a high

amenity value.

Continue to implement the

landscape design Masterplan for

Bradfield Park.



Carry out interim works in

Bradfield Park Central.

Interim works have been

completed.

Park

Furniture

and other

structures

To provide park furniture and

other structures which are

necessary, visually attractive

and which complement the

landscape character of the

foreshore parks and reserves.

Install required park furniture

and other structures in Council’s




Submit a DA where required for

proposed structures and other

major works to be carried out in

a foreshore park or reserve in

accordance with Council’s LEP.


section 4.1 to the main report.

Consult with and elicit

comments from users and the

general community prior to the

commencement of any new

significant development.

The community would need to

be notified prior to the

amendment of any land use

mixes of expansion of any

existing buildings and structures

located upon the site.

To encourage appropriate public

art projects in foreshore parks

and reserves.

Investigate opportunities to

place public art in foreshore

parks and reserves as they arise.

The intensification and minor

expansion of existing uses on

the subject site should not

prevent the achievement of this

action.

Use of the

Park

To provide a range of

recreational opportunities in the

foreshore parks and reserves

and to facilitate a high level of

usage.


foreshore parks and reserves are

compatible with the function of

the individual park or reserve,

are consistent with the ‘core

objectives’ and lie within the

carrying capacity of the park.

This Plan of Management

categorises the subject land as a

‘park’, identical to the Bradfield

Park Plan of Management.


section 1.4 to this Attachment


8




foreshore parks and reserves are

permissible under the relevant

zoning as defined by Council’s

LEP.

This issue is addressed at

section 4.1 to the main report.

To encourage the use of

foreshore parks and reserves for

activities compatible with the

objectives of this Plan of

Management.

Allow groups to use Council’s

foreshore parks and reserves for

social gatherings and informal

sports and games.

The intensification and

expansion of existing restaurant

would prevent the achievement

of this action.

Linkages To link together existing


Pursue opportunities to link

existing foreshore parks and

reserves to facilitate a mix of

continuous foreshore access and

street-based linkages.

Expansion of the existing

building could prevent the

provision of a better connection

between the northern and

southern parts of Bradfield Park.

Leases,

Licences and

Other

Estates

To allow use of the foreshore

parks and reserves for a range of

appropriate cultural and

recreational activities.

Grant leases, licences and other

estates to cultural and

recreational organisations for

use of the foreshore parks and

reserves as venues for

appropriate events.

Intensification and/or expansion

of the markets or community

centre is considered to be

consistent with this action.

However, the intensification

and/or expansion of the

restaurant facilities is

considered to be inconsistent

with this action.

Alienation of

Public Open

Space

To ensure that any future

development of the foreshore

parks and reserves does not

significantly restrict use of these

areas by the general community.

Submit a DA for all significant

works proposed for the


The intensification and

expansion of the existing

restaurant has the ability to

restrict the use of the subject

site for public purposes.

no rth syd n e y coun ci l r e por t s · 2014. 11. 6. · the proposal also sought to enclose the...

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