community, Newcastle Bowling Club, King Edward Park, Land and Environment Court, stronach, headland, development
LEWIS' VIEW EDITORIAL: Two-edged parkland decision THE Stronach Group’s proposal for redeveloping the former bowling club site at King Edward Park is in tatters. The Land and Environment Court has declared the council approval for the project is invalid and a function centre is not permissible on the Crown headland reserve that was intended for public recreation. The Friends of King Edward Park, who mounted the court challenge, hailed Monday’s decision as an important win not only for the Newcastle community, but all those across the state concerned about the privatisation of public land. But disappointed developer Keith Stronach said the ‘‘naysayers have managed to hold the city back’’ again, leaving the site vacant after years of planning and cutting down a proposal that would have created up to 60 jobs for young people. Justice Terry Sheahan’s decision came more than a year after the three-day court hearing for the case, finding that Newcastle City Council’s approval in 2011 for a function centre, kiosk and associated car parking and landscaping at 1 Ordnance Street was ‘‘invalid and of no effect’’. Stronach Group company Annie Street Commercial was restrained from ‘‘taking any step to use the subject land for any purpose other than public recreation’’. Justice Sheahan found the proposed use of the site was not consistent with its reservation for public recreation, as that would only occur if the development was open to the public as a right and ‘‘not a source of private profit’’. For the proposal to be permissible, an ‘‘additional purpose’’ for the land had to have been validly adopted under the state government’s plan of management for the site. The government adopted a plan for the reserve in 2007 that said ‘‘conference centres and commercial facilities that provide for public recreation’’ were also permissible. But Justice Sheahan found former lands minister Tony Kelly had not adequately considered certain matters, such as the public interest, as he was required to do before the plan was adopted, rendering it, and therefore the council approval, invalid. Further, he found a function centre was neither a conference centre nor a ‘‘commercial facility that provides for public recreation’’, as the public would be excluded. But he rejected the group’s secondary argument that the minister could not have lawfully approved anyway an ‘‘additional purpose’’ for the land that was inconsistent with the reserved purpose of ‘‘public recreation’’. Outside the court, Mr Stronach said he had been asked by members of the public ‘‘every day’’ when the redevelopment was going ahead, and the decision ‘‘casts a shadow’’ over the future of the magnificent site. But Friends of King Edward Park president Dr Kim Ostinga said the decision would set a precedent for public reserves across the state. ‘‘King Edward Park was given to the people of Newcastle when the population of the city was 12,000 – a visionary bequest,’’ he said. ‘‘Today’s decision means that the park’s importance, both in Aboriginal and European history and in the development of Newcastle, can be assured.’’ Greens MP David Shoebridge said the decision was important because ‘‘it says once Crown land is set aside for a public purpose then neither the minister nor a local council can just hand it over to private interests’’. ‘‘Put simply the court said that a private function centre, that can and will exclude the general public, is not permitted on land that is reserved for public recreation,’’ Mr Shoebridge said. ‘‘This is a win not just for King Edward Park but for communities across the state who are opposing the privatisation of Crown land in their patch.’’ Justice Sheahan ordered the council and the government appointed King Edward Park Reserve Trust pay the group’s legal costs.
THE Stronach Group’s proposal for redeveloping the former bowling club site at King Edward Park is in tatters.
The Land and Environment Court has declared the council approval for the project is invalid and a function centre is not permissible on the Crown headland reserve that was intended for public recreation.
The Friends of King Edward Park, who mounted the court challenge, hailed Monday’s decision as an important win not only for the Newcastle community, but all those across the state concerned about the privatisation of public land.
But disappointed developer Keith Stronach said the ‘‘naysayers have managed to hold the city back’’ again, leaving the site vacant after years of planning and cutting down a proposal that would have created up to 60 jobs for young people.
Justice Terry Sheahan’s decision came more than a year after the three-day court hearing for the case, finding that Newcastle City Council’s approval in 2011 for a function centre, kiosk and associated car parking and landscaping at 1 Ordnance Street was ‘‘invalid and of no effect’’.
Stronach Group company Annie Street Commercial was restrained from ‘‘taking any step to use the subject land for any purpose other than public recreation’’.
The Stronach Group’s proposal for redeveloping the former bowling club site at King Edward Park is in tatters.
Justice Sheahan found the proposed use of the site was not consistent with its reservation for public recreation, as that would only occur if the development was open to the public as a right and ‘‘not a source of private profit’’.
For the proposal to be permissible, an ‘‘additional purpose’’ for the land had to have been validly adopted under the state government’s plan of management for the site.
The government adopted a plan for the reserve in 2007 that said ‘‘conference centres and commercial facilities that provide for public recreation’’ were also permissible.
But Justice Sheahan found former lands minister Tony Kelly had not adequately considered certain matters, such as the public interest, as he was required to do before the plan was adopted, rendering it, and therefore the council approval, invalid. Further, he found a function centre was neither a conference centre nor a ‘‘commercial facility that provides for public recreation’’, as the public would be excluded.
But he rejected the group’s secondary argument that the minister could not have lawfully approved anyway an ‘‘additional purpose’’ for the land that was inconsistent with the reserved purpose of ‘‘public recreation’’.
Outside the court, Mr Stronach said he had been asked by members of the public ‘‘every day’’ when the redevelopment was going ahead, and the decision ‘‘casts a shadow’’ over the future of the magnificent site.
But Friends of King Edward Park president Dr Kim Ostinga said the decision would set a precedent for public reserves across the state. ‘‘King Edward Park was given to the people of Newcastle when the population of the city was 12,000 – a visionary bequest,’’ he said.
‘‘Today’s decision means that the park’s importance, both in Aboriginal and European history and in the development of Newcastle, can be assured.’’
Greens MP David Shoebridge said the decision was important because ‘‘it says once Crown land is set aside for a public purpose then neither the minister nor a local council can just hand it over to private interests’’.
‘‘Put simply the court said that a private function centre, that can and will exclude the general public, is not permitted on land that is reserved for public recreation,’’ Mr Shoebridge said.
‘‘This is a win not just for King Edward Park but for communities across the state who are opposing the privatisation of Crown land in their patch.’’
Justice Sheahan ordered the council and the government appointed King Edward Park Reserve Trust pay the group’s legal costs.
A photo montage showing how the planned development would look on King Edward Headland. Supplied image.
