Land Management Plan - Church Street Reserve, Babinda

This Land Management Plan is to consider all existing primary and secondary uses of the land for the Reserve for Park and Recreation purposes (R1476) which most suits the capability of the land, best meets the needs of the local area community and is consistent with the local government planning scheme.

It had come to Councils attention, approximately ten years ago, that the Babinda Kindy had constructed a storage shed and playground equipment on part of the adjoining lot 9 on SP235254. This was as a result of incorrect boundary fencing that had been in place for over 30 years. It had also previously been determined that there is no other suitable location within the Babinda Kindy’s lease area (lot 8 on B66315) on which to re-locate the storage shed and play equipment.

As a result of the encroachment discovery, Council had previously issued the Babinda Kindy with consecutive annual trustee permits for the secondary use of the reserve for park and recreation. The final and current trustee permit expired in September 2023.

As the final trustee permit expired in September 2023, Council would prefer to take the opportunity to issue the Babinda Kindy with a longer term of tenure over the encroachment area, to align with the expiry of their trustee lease over lot 8 (being 30 September 2036).

As trustee of the reserve, Council is able to issue a trustee lease (with Ministerial approval for the inconsistent use of the reserve) as long as the use of the reserve is not diminished. Due to the location and size of the trustee lease and the fact that the fencing alignment has excluded the subject area from lot 9 for quite some time now, it is considered that the use of the reserve for park and recreation purposes (lot 9) is not diminished by the proposed trustee lease to the Babinda Community Kindergarten.

The public are invited to review the Land Management Plan and provide feedback by email by close of business on Tuesday 30 July 2024.