“This is a real win for everyone who supports the principle of the preservation of Crown or public land for the public rather than for private profit,”
“The initial ruling was a watershed moment for the protection of public land in NSW, and this latest ruling will mean that King Edward Park can continue to get the attention it deserves.”
Dr Kim Ostinga
This excellent summary of our Court Case and its implications for Crown land in NSW appeared in the most recent journal of the NSW Law Society. For those interested in the protection of Crown Land in NSW read on.
• The NSW Land &Environment
Court has confirmed that land
can be said to be used for
‘public recreation’ only if it is
open to the public as of right
and is not a source of private
• When adopting a plan of
management for land reserved
under the Crown Lands Act,
any uses to be permitted
on the Crown Reserve must
be permitted under, or in
connection with, the declared
purpose of the Crown Reserve.
• Where an additional purpose
is proposed to be adopted by
a plan of management, the
requirements of the Crown
Lands Act must be complied
with and all mandatory matters
must be given ‘genuine
consideration’ in an ‘active
Media release from David Shoebridge
11 May 2015
A proposed private function centre on historic King Edward Park has been defeated today following a landmark Land and Environment Court decision. The decision declared the function centre’s development consent, as well as an amendment to the Park’s Plan of Management that had been used to support it, invalid.
The decision provides much needed support for communities across NSW who are seeing governments on all levels pushing to privatise Crown land for short term public returns and long term private profits.
Greens MP and Planning Spokesperson David Shoebridge said:
“This is an important community win 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.
“The Court has clearly said that a private function centre, which can and will exclude the general public, is not permitted on land reserved for public recreation.
“This is a win not just for King Edward Park, it will give strength to communities across the State who are opposing the privatisation of Crown land in their patch.
“Whether it is the Talus Trust land in Willoughby, the Paddington Bowling Club or one of countless reserves up and down the coast the pattern is the same, with Crown land being eyed off by private interests for private profits.
“We all owe the Friends of King Edward Park a huge debt of gratitude for their four and a half year struggle to protect this historic public park,” Mr Shoebridge said.
The decision can be found here: https://www.caselaw.nsw.gov.au/decision/554ac56ce4b0fc828c996ed4
Media contact: David Shoebridge 9230 3030 or 0408 113 952