Why is the HSPR is advisory in nature?

    When the draft HSPR is endorsed by Council it will become a City of Mitcham Council Policy document and will provide a sound foundation for public realm planning and decisions for Colonel Light Garden in line with all other Policy documents.

    Do the CLMPs and HSPR comply with all relevant legislation and case law?

    Yes,  After consultation with legal professionals we can assure you, the community, that the HSPR and both the CLMPs for Reade Park and Mortlock Park have  been checked for compliance with relevant legislation and case law.

    Why hasn’t the HSPR got the same legal status as a statutory document as the Heritage Standards Colonel light Gardens State Heritage Area?

    The status of the HSPR is to be reviewed after a pre-determined period. The option to present to the Minister, for the HSPR to become a statutory instrument and have the same legal status as the existing CLG SHA documentation will be considered at that point. This will be a decision of Council.

    Why is the Council considering staged block replacement of trees?

    A considerable amount of research supports the practice of staged (or block) replacement as being the best method of ensuring Reade’s vision and aesthetic is maintained. Ensuring the  ‘park-like’ environment and the protection of the uniqueness of the CLG Garden Suburb for generations to come.

    Why is Council revising its Community Land Management Plans?

    City of Mitcham’s (Mitcham) Community Land Management Plans (CLMP) were adopted in 2004. 

    The CLMPs at Mitcham (like at most other councils) remained unchanged since they were first drafted

    It is timely to review CLMPs to ensure they are meeting our community’s changing needs.

    How do councils use CLMPs?

    CLMPs are important in how councils manage their community land.

    What information is included in a CLMP?

    What information goes into a CLMP is governed by the act and councils must ensure that in accordance with Section 196(3) of the act a CLMP-

    1. Identifies the land to which it applies; and
    2. States the purpose for which the land is held by the council; and
    3. States the council's objectives, policies (if any) and proposals for the management of the land; and
    4. States performance targets and how the council proposes to measure its performance against its objectives and performance targets.

    What is in the different sections in a CLMP, what do the headings mean?

    Based on the requirements of the act the council has divided each of its CLMPs into the following sections.

    1. Land identification details
    2. Purpose for which the land is held
    3. Reason why management plan is required
    4. Objectives for the management of the land 
    5. Policies for management of the land
    6. Proposals for the management of land
    7. Performance targets
    8. Performance measures
    9. Leases and licences
    10. Schedules

    These sections are further explained below;

    1. Land identification details

    This section contains the basic details needed to identify the land.

    This section includes; name, address, ct details and area. This is also where any details of an encumbrance, trust or dedication are detailed.

    2. Purpose for which the land is held

    Details why the land is retained by council as community land.

    This details what the community use it for or what significance it has to the council. This could be for sport or in the case of a bush land reserve to protect the area’s biodiversity assets or a native species of flora or fauna.

    3. Reason why a management plan is required

    The reasons why a council requires a management plan are set out in the Act

    S 196(1) a council must prepare and adopt a management plan or management plans for its

    Community land if—

    1. (b) the land is, or is to be, occupied under a lease or licence; or
    2. (c) the land has been, or is to be, specifically modified or adapted for the benefit or enjoyment of the community.

    One of or both (b) and (c) may apply for a piece of land, the wording contained within act may be paraphrased to reflect the land.  This section also lists all existing modifications and assets currently on the land.

    4. Objectives for the management of the land 

    A statement of the overall objective/s that council wants to achieve

    Objectives should consider the uses and potential uses of the land as well as consider the landscape of the area. If there are any unique features or heritage consideration this should be addressed in the objectives. It is also important that none of the objectives contradict each other making it difficult to achieve both when making decisions. 

    5. Policies for management of the land

    A list of plans, strategies and policies that relate to the use of the land and its objectives and to land of the kind being a dealt with.

    This section is a simple list of the above divided by specific and general policies. 

    6. Proposals for the management of land

    The current or future intent or plans for the land which may be an actual planned project or allow for something that is not at the site currently to be located there in the future.

    7. Performance targets 

    A more specific statement of the management goals the council is setting for 

    Performance targets refer to the standard, which is proposed to be met, therefore it is important they are achievable and can be measured. They must be realistically attainable and relate back to the objectives. 

    8. Performance measures

    A statement of how council proposes to measure whether its meeting its performance targets and objectives.

    This section does not set out how the targets will be achieved but looks at how the council will measure whether the targets and objectives have been achieved. This must also be realistic and achievable. 

    9. Leases and licences

    Broad details of what will be required by any current or future leases/licences 

    This section outlines what the leases will be for in a broad sense, they are not necessarily specific to one organisation or club. For example, support community sport. 

    10. Schedules

    Table showing containing the performance targets and measures and showing their relationship to the objectives.

    If a proposal to upgrade and develop a facility is included in the CLMP does that mean that it will go ahead?

    No, there are still several steps that would need to be taken before any building and construction can occur. For transparency Council has included all the proposals put forward by relevant sporting clubs. Their inclusion in the CLMP does not permit them to go ahead and in no way guarantees they will go ahead.  Any development would still require approval by Elected Members at a Council meeting and go through the separate process of Development Approval before building works would be scheduled.

    Have any of the proposed upgrades and/or extensions to the Gil Langley building already received approval?

    No, Council has not provided landlord approval, development approval or committed to providing any Council funding contribution.

    Are the CLMPs being updated to allow Council to issue leases and licences to clubs that are over 10 years

    No, Under the Local Government Act Council is not able to issue a lease or licence over 10 years without conducting community engagement. The issuing of 10 year leases or licences was not within the scope of this or any previous engagement on the HSPR or CLMPs, if Council proposed to issue a lease or licence over 10 years at either Mortlock Park or Reade Park further consultation would occur.

    What is a lease?

    A lease is a contractual agreement between the owner of an asset and someone (lessee) who wishes to use the asset and pay a fee for their use. A leased council building is not available for public use without permission of lessee and/ or Council at all times during the period of the lease.

    What is a licence?

    A licence allows someone (licensee) to do, use or utilise something for a specified time. Outside of that time it can be used by others. For example, a licensed council oval (or a portion of an oval) can only be used by the licensee at specified agreed times, outside of those times it is available to the community to use in total.

    What is the process for granting a 10-year lease or licence to a Sporting Club?

    1. Report to Council requesting to consult with the community on the issuing of a 10 year lease or licence
    2. Undertake consultation with the community on whether to issue a 10-year lease or licence, including proposed hours of use
    3. In consideration of the community feedback a report will be presented to Council to consider providing Landlord approval for a 10-year lease or licence.
    4. If Landlord approval is not provided, further consultation with the community may be required or Council may consider an alternative option
    5. If Landlord approval is provided, a 10-year lease or licence (including hours of use)  will be granted in accordance with the Leasing/Licensing of Council Sporting Facilities Policy.

    Why does the CLMP say the Mortlock Park Master Concept Plan is conceptual in nature?

    The intent of stating the plan is conceptual in nature recognises the fact that there are alternate proposals and works that are not included in the Concept Plan as it is. This includes the demolition of the Scout building and upgrades to the Gil Langley buidling. If Council was to progress with any development at Mortlock Park there will be further community consultation.

    Has Council consulted with the traditional land owners?

    Council commissioned Cultural Heritage Surveys of both Mortlock Park and Reade Park. The draft Cultural Heritage Survey Report is included was an attachment to the "Heritage Standards for the Public Realm - Policy Review and Engagement Outcomes" report included on the 28 June 2022 Council Agenda. The Cultural Heritage Survey Report is still subject to final sign off by Kaurna Yerta Aboriginal Corporation, the report makes a number of recommendations on precautions that should be taken during any redevelopment in either precinct, including the employment of cultural monitors during any excavation work. The report also makes a number of positive recommendations around how Kaurna cultural heritage can be appropriately acknowledged and honoured in both precincts