B Material Harm Test For Addition Of Public Purpose

MATERIAL HARM TEST FOR ADDITION OF PUBLIC PURPOSE

Section 2.14 of the Crown Land Management Act 2016 allows the Minister to authorise dedicated or reserved Crown land to be used for one or more additional purposes by notice published in the Gazette, provided that the Minister is satisfied that the use of the land for each additional purpose would be in the public interest and would not be likely to materially harm its use for the purposes for which the Crown land is dedicated or reserved.

Section 2.13 of the Crown Land Management Act 2016 clarifies that dedicated or reserved Crown land that is dedicated or reserved for use for more than one purpose may be used for any one or more of those purposes. In the case of Concord Oval, the land occupied by Building A is currently reserved for Public Park, with Community Purposes proposed to be added to the reserve occupied by Building A.

Section 2.13 of the Act requires the Minister to be satisfied that the proposed additional purposes would be in the public interest, and not be likely to materially harm the use of the land for any of the existing purposes for which it is dedicated or reserved.

The proposed additional purpose of ‘Community Purposes’ facilitates the proposed leases to West Tigers, West Harbour Rugby Club and for a café in Building A; and use of part of the Centre of Excellence in Building A by the community.

Benefits to the public of the ‘Community Purposes’ purpose over land occupied by Building A at Concord Oval include:  public access to part of Level 1 of Building A during matches - viewing spaces, multipurpose room, balcony, outdoor terrace, kitchen and storeroom  public access to some indoor areas on the ground floor of Building A, including a café, retail merchandise store to purchase West Tigers merchandise, West Harbour kiosk, and toilets  invited access to the West Tigers leased area for outreach and community programs as listed in Section 2.8.2 of the Plan of Management.

West Harbour Rugby Club (formerly Western Suburbs District Rugby Union Football Club (1900) and Concord Rugby Club (1886)) has a long-standing connection with Concord Oval since Concord Rugby Club first used Concord Oval (then St Luke’s Oval) in 1886.

Concord Oval has been used for rugby league since 1908 when Western Suburbs was a foundation club of the NSW Rugby Leagues. West Tigers have used Concord Oval for training since 2004.

A collaborative public-private partnership between federal and state government, Council, West Tigers and West Harbour has facilitated the development of the West Tigers Centre of Excellence and the Concord Oval Recreation Centre. Section 2.14(3) of the Crown land Management Act 2016 lists six considerations which are relevant to the question of whether the use of dedicated or reserved Crown land for an additional purpose (Community Purposes) would not be likely to materially harm its use for an existing purpose for which it is dedicated or reserved (Public Park). Those considerations are addressed below.

Considerations of material harm to Public Park purpose by the proposed additional purpose ‘Community Purposes’ over land occupied by Building A (Centre of Excellence) at Concord Oval

Consideration Comments

The proportion of the area of the land that may be affected by the proposed additional purpose Prior to the completion of the redevelopment of Concord Oval in 2022, Concord Oval comprised: - a rectangular playing field - eastern and western grandstands incorporating spectator seating and sporting club administration and training/competition facilities, and the Concord Room used by the community for education and functions - mounded viewing areas - carparks - informal parkland including mature trees and the ‘Concord Oval’ floral garden - toilet blocks - maintenance facilities - access and circulation areas. All areas of Concord Oval prior to the redevelopment of Concord Oval were used for sporting, recreation, or ancillary purposes consistent with the Public Park purpose. The Concord Room was used by West Tigers for education, and the community could hire it for functions. The floor area of the Concord Room at say 200m2/4.2 hectares site area = 0.5% of ‘community’/non-sport and recreation use of Concord Oval prior to ROCO. The building floorspace occupied by community-accessible facilities and spaces at Concord Oval resulting from the redevelopment of Concord Oval is approximately 48% of the Centre of Excellence (Building A).

ROCO has increased the provision of and public access to community facilities at Concord Oval, but not at the expense of sporting facilities and public parkland.

Increasing public access to Crown land is a key principle of Crown land management. Community-accessible facilities such as the cafe, the multi-purpose room, balcony, outdoor terrace and kitchen in Building A are complementary to and enable the community to enjoy public parkland.

If the activities to be conducted for the proposed additional purpose will be intermittent, the frequency and duration of the impacts of those activities

The degree of permanence of likely harm and in particular whether that harm is irreversible Use by the community of community facilities and spaces in Building A (Centre of Excellence) at Concord Oval will take place intermittently, rather than continuously. The frequency and duration of such community use is: - during matches played by West Harbour Rugby – 10 Saturdays per year for 8 hours - during the café opening hours - function room and balcony opening hours will depend on bookings - merchandise shop opening hours - invited community access to the West Tigers leased area for outreach and community programs. The remaining part of the lease area(s) in Building A will be used exclusively by West Tigers and West Harbour Rugby.

The proposed lease of Building A (Centre of Excellence) consistent with the proposed additional purpose is for a 21 year period, at which time the interests will expire. Building A was constructed in 2022 and has an expected life of more than 21 years. The community uses facilitated by the new community-accessible facilities and spaces at Concord Oval will not conflict with uses consistent with public park. Community uses enjoyed in Building A will complement the public park/ recreation/sporting use of Concord Oval. The proposed additional purpose will provide ongoing benefits to the local community and public.

The current condition of the land

the geographical, environmental and social context of the land

any other considerations that may be prescribed by the regulations The leases and other use agreements over parts of Building A enabled by Community Purposes are reversible.

The condition of the land prior to construction of Building A as part of the redevelopment of Concord Oval was the western grandstand in poor-average condition. The western grandstand was not in a suitable condition which could be effectively used or enjoyed as a public park without extensive rehabilitation works. The new community facilities and spaces in Building A will not harm the land on which they stand.

Concord Oval is one of the premier sporting facilities in City of Canada Bay, located on the southern border of Canada Bay adjoining Burwood local government area. The community facilities and spaces provided at Concord Oval as part of the ROCO have responded to long-standing community needs. The proposed increase in community use of Concord Oval makes more efficient use of the land for multiple activities in addition to sport.