BLOCK 11 SECTION 12 DEAKIN (CROATIA DEAKIN SOCCER CLUB Limited)
The Croatia Deakin Soccer Club Limited, located at 3 Grose Street, Deakin / Block 11 Section 12 Deakin, presently operates under a concessional Crown Lease.
A concessional lease is a lease which has been issued at a cost less than market value. These leases are often issued to Clubs, Associations and other community-based organisations to assist with delivery of a community benefit. They can also be used by the ACT Government to stimulate growth of a particular industry or organisation or to incentivise a particular activity. Because the ACT Government issue the leases at a rate below market value, the ACT Government maintains control over use of the site, including subletting. The ACT Government does this through clauses within the Crown Lease which restrict activities.
The concessional lease for the Croatia Deakin Soccer Club Limited (CDSC) was issued in 1969 for the purpose of a ‘Club’. Since this time, the CDSC has operated its Social and Sporting activities from the site. CDSC is now seeking to expand it’s offering to the community and would like to include a new restaurant (separate to the Club restaurant) within the existing building, but as a separate tenancy. Noting subletting is not permissible under the current Crown Lease terms, CDSC is proposing to remove the concessional status of the Crown Lease and make payment for the site, at market value. As part of this, the lease will also be varied to permit use of the site for a ‘restaurant’. Presently the site only allows use as a Club, which differs to restaurant.
It should be noted that a restaurant previously operated from the site ‘ancillary’ to the Club. This ancillary use is permitted under the existing lease terms; however, a formal subletting arrangement was not permitted by the Lease and as a result, the restaurant closed. This variation will correct this issue and permit subletting of the restaurant space.
Removal of the concessional status will also allow the restaurant to operator independently whilst maintaining the existing Club and will allow the restaurant to obtain its own liquor license.
It should be noted that CDSC has no intention of redeveloping the site and only wishes to remove the concessional status so that unutilised space can be leased to a third party. Under the current zoning of the site the range of land uses permitted are very limited. For example, residential use and office are prohibited land uses.
As such, there will be no physical change to any of the buildings as a result of this proposed variation.
The site is part of the Deakin Local and is located at Block 11 Section 12 Deakin, with an area of 3,433m2.
Statutory Planning Context
The subject site is situated in CZ6 (Leisure & Accommodation Zone). The objectives of this zone are:
a) Provide for the development of entertainment, accommodation and leisure facilities for residents of and visitors to the ACT and surrounding region
b) Protect leisure and accommodation uses from competition from higher order commercial uses, and encourage activities that enhance the region’s economic diversity and employment prospects
c) Ensure leisure and accommodation facilities have convenient access to public transport
d) Protect the amenity of nearby residential areas, with regard to noise, traffic, parking and privacy
e) Ensure the location of facilities, and their design and landscaping is compatible with environmental values
f) Ensure that the bulk, scale, size, design and landscaping of development is compatible with the surrounding landscape
g) Encourage activity at street frontage level and provide an appropriate level of surveillance of the public realm
Club and Restaurant are both permitted in the zone.
Application to remove the Concessional Status
To remove the concessional status of the Crown Lease and permit use of the site for a restaurant, a development application (DA) is required.
The following documents will be submitted as part of the DA:
• Social Impact Assessment which considers any impacts on the community as a result of removing the concessional status
• Statement Against Criteria which assesses the proposal against all relevant statutory controls
• Valuation report which determines the market value of the land and improved site value as a result of the restaurant
• Consultation report which reflects all comments recorded during the consultation period
Purdon Planning will be responsible for preparation of the Social Impact Assessment, Statement Against Criteria and Consultation Report. The Valuation Report will be provided by a qualified valuer.
Once the DA is submitted, the ACT Planning & Land Authority (ACTPLA) will list the proposal on the ACTPLA website and members of the community will be given further opportunity to submit comments on the proposal.
The application will then be assessed by ACTPLA. In most instances, ACTPLA will make a decision on a DA based on their assessment. However, for removal of a concessional status, Ministerial approval is required.
Because the Minister must make a decision on this application, there is no statutory timeframe for approval.
Stakeholder Engagement and Feedback
Purdon Planning will be delivering a flyer to local residents in late July. This flyer will include dates for drop-in sessions as well as information about the proposal.
Purdon Planning will also be in contact with the Deakin Residents Association.
A consultation session will be held on 29 August 2019 between 4:30pm and 6:30pm at the Deakin Soccer Club.