"Before any works associated with the development start, detailed construction plans must be prepared to the satisfaction of the Responsible Authority. The construction plans must include a detailed landscaping plan, prepared by a qualified landscape architect, for the purpose of integrating the proposed skate park within the broader parkland and the streetscape of Fenaughty Street. Construction plans satisfactory to the Responsible Authority shall be endorsed and form part of this permit. All works constructed or carried out must be in accordance with these plans."

The Responsible Authority is directed to issue a permit in accordance with this order under the provisions of Section 85(1)(b) of the Planning and Environment Act 1987.

Mr Peter Barber, Solicitor of Deacons Graham & James, Solicitors appeared on behalf of the Responsible Authority, Campaspe Shire Council.

Mr G. Purcell, Barrister instructed by Morrison & Sawyers, Solicitors appeared on behalf of the Applicants for Review. Mr Purcell called Mr Brian Turnbull, a local resident, Ms Kathleen Lamont, a member of the Kyabram Senior Citizens Club, Ms Patricia Morrell, President of the Kyabram Garden Club, and Mr Peter Hann, Valuer of Hann McKenzie & Co. Mr Purcell also tabled a written statement from Mr Thomas Ryan who was unable to attend the hearing.

Ms Judy Pang, the Recreation Officer for the Shire of Campaspe made brief verbal submissions on behalf of the Permit Applicants, Kyabram Skate Park Inc.

1. This is a joint application by a number of applicants seeking to review the decision of the Responsible Authority to grant a permit for works to permit the establishment of a skate park, within an existing public park in Fenaughty Street, Kyabram. During the course of the hearing the parties and the witnesses made both written and verbal submissions and a number of plans, photographs and other documents were tendered to the Tribunal. The Tribunal inspected the land and its locality, and the Kyabram township generally shortly after the hearing of the application. Mr Hann during the course of his evidence made reference to a skate park in Ballarat, which was similar to that proposed in this case to the extent that it also enjoyed a quite close relationship to the central activities area of the township. The Tribunal also inspected this existing facility.

2. The main shopping street of Kyabram is centred on Allan Street. Fenaughty Street is parallel to and to the south of Allan Street. The north side of Fenaughty Street in the vicinity of the land contains uses such as offices, reception rooms and the like, the offices in particular represent signicant commercial activities which are commonly found around the periphery of commercial centres which also have an important retail function. Land to the south of Fenaughty Street is more residential in character, although there are also a significant number of community based uses, and the public park which includes the land for the proposed skate park.

3. The public park which is to be the site of the proposed skate park is located on the south side of Fenaughty Street between Lake Road and Union Street. The park currently contains a swimming pool complex, an area of passive parkland incorporating lawns, trees and flower beds, and some off street car parking. Further to the south along Lake Road there is the Senior Citizens Club, a community centre, and tennis courts.

4. The Kyabram Skate Park Inc is a community group who with the assistance and support of the Responsible Authority have been planning for, and fund raising for the establishment of a skate park in Kyabram. The proposed skate park will occupy approximately 700 sq metres of the public park described above and will be located approximately centrally along the Fenaughty Street frontage of the public park immediately to the east of the existing car parking facilities. The design of the skate park shown on the plans which accompanied the application, was prepared in close consultation with local young people interested in skate boarding and roller blading. The proposed skate park will result in the loss of some 8 trees and one of the flower beds.

5. The Applicants for Review represent a number of different interests. There are residents, primarily from Union Street, there are business interests, primarily from the north side of Fenaughty Street, and there are persons with a broader interest in the development of the Kyabram township.

6. The public park falls within a Public Park and Recreation Zone under the provisions of the Campaspe Planning Scheme. The proposed skate park is an "outdoor recreation facility" an innominate permitted use within the zone. However, a permit is required to construct works for recreational equipment occupying more than 10 sq metres of parkland. In this context the ambit discretion available to the Responsible Authority and on appeal the Tribunal is limited. In the context of this particular application the most important of the relevant considerations are:

* The visual impacts arising from the works, both from the loss of lawns, trees and garden beds, and the visual appearance of the skate park itself;

* The amenity impacts arising from the more intensive use of the land permitted by the proposed works, in particular issues such as noise, anti social behaviour and pedestrian safety.

7. In part it was argued on behalf of the Applicants that the Responsible Authority had not properly considered the alternative sites for the proposed skate park. On the other hand it was argued by the Permit Applicants that advantages of the proposed site were its close association with the town centre and its retail and commercial activities, and its prominence providing a high level of public supervision. The Tribunal accepts that these are advantages of this site, and that to a greater and lesser degree there may also be advantages applicable to other possible sites. However, it is not for the Tribunal to assess alternative proposals, rather the Tribunal must turn its mind to the question of whether or not the proposal now before it is an appropriate proposal.

8. The submissions on behalf of the Applicants also looked at the proposed skate park in the context of the facilities planning manual "Skate Board Facility Planning" February 1990. The manual is essentially a site selection and design manual, the various considerations raised in the manual are not intended to be mandatory requirements, but rather are intended to raise a large number of issues for consideration by persons proposing to establish a skate board park. The parties disagree about the degree to which the proposal respond to the recommendations of the manual, however,t is not a role of the Tribunal to become a skate board park designer and resolve this issue. In any event the use is permitted in this zone.

9. The Tribunal accepts that a rural community like Kyabram is unlikely to be able to afford a supervised facility like that operated by the City of Melbourne. Therefore it is important that any skate park be located in a prominant location so that any potential for anti social behaviours becoming associated with the skate park can be avoided. The proposed site is very prominent and it seems to the Tribunal unlikely to be a cause for the development of a new problem with anti social behaviour. It will be a magnet for young people in their early teens but to a large extent one would expect that these persons are already in the area because of the attractiveness of the shopping centre, the pool etc.

10. Similarly, it is difficult to see how the development of a skate board park of this particular site will cause safety problems, either for other pedestrians conflicting with users of the skate park, or for users of the skate park traversing nearby streets to get to and from the skate park, other than the problems that might arise in the case of any other suitable site.

11. The proposed skate park is only to operate during daylight hours, and is considerably set back from the nearest residential property, for these reasons it is unlikely to have any unreasonable amenity effects arising from noise.

12. The area proposed to be occupied by the skate park is presently developed with lawns, trees and a decorative flower bed. Therefore it is undoubtedly true that the proposal will have a significant visual impact, any impact will be largely adverse. However, to be balanced against this consideration is the fact that there is a considerable need for a skate park within the Kyabram township for the benefit of its young persons, and the use is a permitted use within the zone. In this context the Tribunal is of the view that the question to be determined is whether or not this adverse visual impact is sufficient to outweigh these other considerations.

13. Having inspected the existing skate park in Ballarat, the Tribunal is satisfied that a skate park can be established without creating an unacceptable visual effect In my view the skate park in Ballarat is relatively discreet, and the worst elements of the skate park is some graffiti on the back wall of some of the ramps which face directly onto the street. This feature of the Ballarat Skate Park could be avoided with careful design and is largely avoided in this proposed skate park.

14. On balance the Tribunal is satisfied that the advantages of this location, and the need for the proposed skate park, outweigh the adverse effects which will arise from the works necessary for its establishment. However, the Tribunal is also of the opinion that this is a sensitive location, and that the services of a professional landscape architect should be engaged to ensure that the proposed skate park is properly integrated with the balance of the public park, and in particular with the landscape of the passive parts of the park.