17How will the use of public open space be controlled?

17 How will the use of public open space be controlled?

17 How will the use of public open space be controlled?

(1) The location of public open space is identified on the map.

(2) Public open space can be developed for any purpose that is consistent with a plan of management applying to that public open space.

(3) In the absence of a plan of management, only exempt development and development for the purpose of recreation facilities can be carried out on public open space.

(4) Development on public open space, other than exempt development, is to be regarded as Category Two development.

(5) If public open space contains bushland, any development which will disturb that bushland should be carried out only if a plan of management has been prepared which specifically assesses the need to preserve and protect that bushland, having regard to the matters set out in Schedule 6 (Preservation of bushland), and the consent authority is satisfied that the disturbance of the bushland is essential for a purpose in the public interest and no reasonable alternative is available to the disturbance of that bushland.

(6) Upon acquisition by the Council of any land shown on the map as reserved for public open space, and on vesting in the Council of land dedicated to the Council for the purposes of public open space, the land shall be deemed to be public open space for the purposes of this clause.

Note—

Any development of public open space must also be consistent with a plan of management for that land prepared in accordance with the Local Government Act 1993, in the case of public open space that is owned by the Council, or a plan of management prepared in accordance with the Crown Land Management Act 2016, in the case of public open space that is Crown land.