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Temporary commercial activity in a park or public open space

Temporary commercial activity

 

What is a temporary commercial activity

A temporary commercial activity occurs where goods or services are offered for sale for a fee such as: 

  • Personal training and sports coaching programs
  • Mobile food and beverage vehicles
  • Hire of recreation equipment (canoes, bikes, scooters)
  • Entertainment (open air cinemas, jumping castles, children’s petting zoo)
  • Tourist based activities (canoe and kayak tours).

Council is committed to supporting temporary commercial activities in our parks or reserve, where:

  • the safety and amenity of nearby residents and park users are protected
  • public access, use and enjoyment of the park is maintained
  • food and beverage retailers minimise impacts on the ongoing viability of nearby businesses.

All applications will be assessed and must comply with the following definitions, eligibility and assessment criteria.

Definitions

Temporary commercial activities involve a commercial operator, charity or not-for-profit organisation providing goods or services within parks and open spaces that:

  • involves a commercial benefit or transaction delivered by a registered business / company with a current ABN / ACN
  • compliments and aligns with the primary functions of the open space
  • is secondary and subservient to the open space
  • primarily serves existing park users
  • is non-permanent and limited to temporary structures
  • does not constitute assessable development under the Planning Act 2016.

Local schools, film making and professional photography, surf lifesaving clubs, community events, fund-raisers, memorial services, footpath dining on a dedicated road or community based sporting clubs are excluded from this definition. Film making, professional photography, footpath dining and entertainment events are controlled by separate guidelines.

Commercial operators are defined as those who expect to generate income from their venture and whose net profits are dispersed to individual members or to any other organisation, which in turn distributes these funds to individual members. Included in this definition are private individuals, businesses, private schools and private organisations.

Eligibility criteria

Before before submitting an application you must:

  • obtain relevant insurances
  • comply with the definition of temporary commercial activities
  • provide a location activity plan showing compliance with the following separation distances.

Applicants and approval holders must ensure that the use:

  • is not exclusive
  • is secondary to the primary purpose of the open space, other establisheduses, major events and park bookings that occur within the park or openspace
  • is generally limited to the hours of 7:00am to 7:00pm Monday to Saturdayand 8:00am to 7:00pm on Sunday and public holidays unless otherwise specified 
  • does not include the storage of any trailers, goods, plant, equipment ormaterials overnight or outside of the approved hours of operation
  • does not include motorised watercraft unless required for safety and rescue purposes
  • generally avoids vehicles being parked on sports ovals unless existing lease or license to occupy holders provide their written agreement

All temporary commercial activities - separation distance (radius)

  • Mainland / Southern Moreton Bay Islands (SMBI) / North Stradbroke Island (NSI) / Coochiemudlo Island - 50m from any residential lot boundary within a residential zone

Food and Beverage Retailing - separation distance (walkable distance)

  • Mainland - 200m from any centre or mixed use zone
  • SMBI / NSI / Coochiemudlo Island - 200m from any lot boundary of an established,lawfully approved business that offers the samegoods or services

Applicants and approval holders must ensure that the designated area:

  • does not exceed more than 30m² for a single temporary commercial activity
  • does not exceed 40m² where a commercial vendor is approved for a maximum of two temporary commercial activities
  • is not located within an existing lease area or prevent the use of an easement for access, utility infrastructure or any other stated purpose
  • does not block access to pathways and facilities
  • is located 10m from playgrounds, park benches, shelters, tables, barbeques, kiosks, public toilets, public outdoor fitness equipment, memorials and public art or shadestructures
  • is located within cleared grassed areas or similar
  • is located outside the drip line of established trees
  • is located in car parking areas where the park has limited open grassed areas and vice versa.

Applicants and approval holders should:

  • manage the risks associated with the temporary commercial activity and its location
  • be fully licenced and accredited to carry out the activity (e.g. industry qualifications such as Certificate IV in Fitness, Bachelor of Human Movement/Exercise Science)
  • maintain the health, safety and amenity of nearby residents and park users
  • minimise adverse impacts through noise, odour, air, waste or light emissions
  • not break, disturb or penetrate, cut or fill the surface of the ground with stakes, pegs or other similar devices for parks that are closed land fill sites
  • avoid using audio equipment, amplified music, excessively loud voice calls or instructions
  • not cause excessive noise through the use of equipment
  • limit regulated devices such as compressors, generators and power tools to the hours of 7:00am to 7:00pm Monday to Saturday and 8:00am to 7:00pm on Sunday and public holidays
  • maintain city image and the distinctive character of the locality.

Applicants and permit holders should:

  • not require Council to upgrade or provide additional infrastructure such as car parking, water, waste, lighting, sewer, roads, footpaths, gas or electricity
  • not result in adverse impacts on the external traffic network
  • rely on an alternative sustainable power source or connection to mains power and avoid the use of fossil fuel generators where possible
  • not use Council owned bins and ensure that all waste generated is collected and removed
  • not use taps or water fountains to wash plant or equipment
  • restore the open space to its original condition including the restoration of vegetation or turfed areas prior to the end of the approval.

Council may consider providing local infrastructure such as electricity, lighting, taps and hardstand areas where these services can be used for other park and open space activities, community events, or at popular tourist destinations. In all other cases the cost of connecting to mains power, water or other infrastructure is to be borne by the applicant.

Where the applicant connects to mains power a fee for use of electricity or lighting may apply.

  • is limited to the hours of 7:00am to 7:00pm Monday to Saturday and 8:00am to 7:00pm on Sunday and public holiday
  • includes vehicles or food trailers that generally do not exceed a length of 6.0m and can be accommodated within a standard car space
  • should not be located within a car park unless:
    a) the car space is specifically designed for a food or beverage retailer with direct access to power or water
    b) there is insufficient open grassed or cleared areas within the park and all other alternative locations have been considered and determined by Council to be unsuitable.

Extended hours may be considered where the temporary commercial activity is generally remote and a minimum of 100m from residential areas.

  • are limited to the hours of 5:00am to 7:30pm Monday to Sunday
  • should ensure that pedestrians, cyclists and other park users have right of way along footpaths, stairways and cycle ways
  • must not use any park infrastructure such as playgrounds, park benches, shelters, tables, barbeques, memorials and public art or shade structures for the purpose ofexercise or physical activity
  • may use public outdoor fitness equipment if not occupied by general park users
  • may occupy a designated area of 30m² for vehicles, signage and fitness equipment
  • may occur outside of the designated area of 30m² and within the 50m separation distance of nearby residential lots.
  • do not exceed 30m² for small scale entertainment uses such as busking, face painting, magicians and entertainers of children’s birthday parties including children’spetting zoo, jumping castles, open air cinemas
  • include adequate staging areas for the erection of temporary structures
  • Fossil fuel generators for jumping castles, inflatable play devices, inflatable movie screens may be used where mains power is not available and the applicant candemonstrate that there are no adverse noise impacts associated with the activity.
  • should be limited to the hours of 5:00am to 7:00pm Monday to Sunday
  • can be considered for extended hours where the activity is generally remote from residential areas and unlikely to adversely impact on the amenity of nearby residents.

Tourism operators must provide evidence of industry qualifications, where relevant.

Eligible parks and open spaces

Council has identified a number of parks and open spaces that are of a suitable size and shape with attributes that can accommodate temporary commercial activities. The list of parks and reserves may be amended by Council, at its discretion, at any time.

Not all commercial activities may be suitable for parks and open spaces, and not all parks and open spaces may be suitable for commercial activities. For example, a coffee van providing coffee and light refreshments for people visiting the park complies with the definition. However, a van selling seafood direct to the public and reliant on passing trade would not comply with the definition. 

Any business that does not primarily serve existing parks users or have a direct relationship with the park or open space may require a development approval in accordance with the Redland City Plan 2018 and the Planning Act 2016.  

Park List

* Denotes that the park has an existing Lease or Licence to Occupy (permission from Lessee may be required)

Alexandra Hills

  • VALANTINE PARK - 9A Abelia Street, Alexandra Hills (Lot 1 SP318906 and 16 RP187810)  – View on Map
  • WINDEMERE ROAD PARK - 42-46 Windemere Road, Alexandra Hills (Lot 1 RP182975) – View on Map

Birkdale

  • AQUATIC PARADISE PARK EAST - 2A Bath Street, Birkdale (Lot 174 RP801827 and Lot 2 RP220114) – View on Map
  • AQUATIC PARADISE PARK WEST - 1-35 Commodore Drive, Birkdale (Lot 420 RP801831) – View on Map
  • BAILEY ROAD PARK - 2-20 Bayford Street, Birkdale (Lot 300 RP131176) – View on Map
  • JUDY HOLT RECREATION RESERVE * - 539-553 Old Cleveland Road East, Birkdale (Part lot 139 SP318848) – View on Map

Capalaba

  • CAPALABA REGIONAL PARK - 17-19 Pittwin Road, Capalaba (Lots 9 SP100863, 2 RP196122, 1 RP180899, 3 CP884257) - View on Map
  • JOHN FREDERICKS PARK * - 2-14 Old Cleveland Road, Capalaba (Lots 83 SL5432, 2 RP134078, 2 SP185253) - View on Map
  • WENTWORTH DRIVE PARK - 44-56 Wentworth Drive, Capalaba (Lot 7 RP119832, 900 RP188709, 515 RP159458) - View on Map

Cleveland

  • CLEVELAND POINT RECREATION RESERVE - 238 Shore Street North, Cleveland (Lot 214 C14566 and Lot 215 C64) - View on Map
  • G J WALTER PARK - 240 Middle Street, Cleveland (Lot 66 SP115554)  - View on Map
  • HENRY ZIEGENFUSZ PARK * - 143-191 Fitzroy Street, Cleveland (Lot 1 CP857140) – View on Map
  • OYSTER POINT PARK -  1-15 Phelan Street, Cleveland (Lot 144 C628) - View on Map
  • RABY BAY BOULEVARD PARK - 23-31 Raby Bay Boulevard, Cleveland (Lot 868 SP273267) - View on Map
  • RABY BAY FORESHORE PARK - 80-90 Portsmouth Place, Cleveland (Lot 449 SL12369 and Lot 534 SL12657) - View on Map
  • RABY BAY HARBOUR PARK - 146-148 Shore Street, Cleveland (Lot 161 CP883370) - View on Map
  • RABY ESPLANADE PARK - 1-39 Raby Esplanade, Ormiston (Lot 527 CP897392 - View on Map
  • SHORE STREET NORTH FORESHORE - 175 Shore Street, Cleveland (Lot 901 SP125491) - View on Map
  • WILLIAM ROSS PARK - 32-48 Island Street, Cleveland (Lot 7 RP63018 and 6 RP151395) - View on Map

Mount Cotton

  • MOUNT COTTON COMMUNITY PARK - 51-63 Valley Way, Mount Cotton (Lot 915 SP221149) - View on Map

Redland Bay

  • BAYVIEW CONSERVATION AREA - 487-503 German Church Road, Redland Bay (Lot 5 RP854705) - View on Map
  • CLIFTONVILLE PLACE PARK - 18 Moores Road, Redland Bay (Part lot 200 RP883835) - View on Map
  • FIELDING PARK * - 1-21 Habitat Drive, Redland Bay (Lot 900 SP143003 and Lot 1 SP296095) - View on Map
  • JOHN EDWARD DOWNIE SPORTSFIELD * - 1-5 Donald Road, Redland Bay (Lot 901 SP167336 and Part lot 901 SP173995) - View on Map
  • POINT TALBURPIN PARK - 29-31 McWilliam Street, Redland Bay (Lot 53 RP117618) - View on Map

Thorneside

  • BETH BOYD PARK - 224-236 Queens Esplanade, Thorneside (Lots 175,176, and 177 RP14120) - View on Map

Thornlands

  • THORNLANDS COMMUNITY PARK - 272-282 Cleveland Redland Bay Road, Thornlands (Lot 901 SP271789 and 900 SP245363) - View on Map
  • WILLIAM STEWART PARK - 115 Cleveland Redland Bay Road, Thornlands (Lot 2 RP209639 Lot 2 RP212526) - View on Map

Victoria Point

  • LES MOORE PARK - 67 Wilson Esplanade, Victoria Point (Lot 20 RP89757, Lot 140 RP132775, Lot 2 RP222425) - View on Map
  • W H YEO PARK - 2-30 Eagle Street, Victoria Point (Lot 1 SP225019, 2 SP22502) - View on Map
  • VICTORIA POINT RECREATION RESERVE - 9 Masters Avenue, Victoria Point (Lot 136 SP127969) - View on Map

Wellington Point

  • APEX PARK - 1-17 Starkey Street, Wellington Pt (Part lot 144 SL2677) - View on Map
  • MONTGOMERY DRIVE PARK - 42-66 Montgomery Drive, Wellington Point (Lot 953 SP141212) - View on Map
  • WELLINGTON POINT RECREATION RESERVE - 8 Esplanade, Wellington Point (Lots 1, 4 RP815066, 54 SP109487 89 SL10815 199 SL8594) - View on Map

Coochiemudlo Island

  • COOCHIEMUDLO FORESHORE EAST - 51 Victoria Parade South, Coochiemudlo Island (Part lot 24 SP199973) - View on Map
  • LAURIE BURNS RECREATION RESERVE * - 43-45 Elizabeth Street, Coochiemudlo Island (Lot 4 SP115493) - View on Map

Macleay Island

  • COAST ROAD FORESHORE PARK - 26 Benowa Street, Macleay Island (Lots 281 and 282 RP31212) - View on Map
  • JOCK KENNEDY PARK - 21 Douglas Street, Russell Island (Lot 99 SP166361 and 98 SP166361) - View on Map
  • MACLEAY ISLAND COMMUNITY PARK - 31-39 High Central Road, Macleay Island (Lot 1 SP213839) - View on Map

Russell Island

  • JACKSON OVAL - 107-123 Jackson Road, Russell Island (Lot 37 SL5485) - View on Map

Amity Point

  • AMITY POINT RECREATION RESERVE * - 24-42 Claytons Road, Amity (Part lot 2 SP251715) - View on Map

Dunwich

  • RON STARK OVAL * - 2 Ballow Road, Dunwich (Lot 12 CP865858) - View on Map

Point Lookout

  • CYLINDER BEACH FORESHORE - East Coast Road, Point Lookout (Part lot 48 SP306495) - View on Map
  • CYLINDER HEADLAND FORESHORE - Hopewell Street, Point Lookout (Part lot 48 SP306495) - View on Map
  • HEADLAND PARK – Kennedy Drive, Point Lookout (Lot 170 SL12240) - View on Map
  • POINT LOOKOUT OVAL - East Coast Road, Point Lookout (Part lot 2 SP311174) - View on Map

Approvals

Council approval is required to undertake a temporary commercial activity within selected parks and open spaces. Under Subordinate Local Law 1.2 Commercial use of local government controlled areas and roads, Council regulates temporary commercial activities to optimise benefits to visitors, and maintain the amenity and safety of park users and nearby residents.

Council will assess applications to ensure that temporary commercial activities will:

  • Enhance visitor experience
  • Support the health and wellbeing of the community
  • Complement the function, purpose and size of the park
  • Create opportunities for social interaction
  • Support the tourism industry and local employment opportunities
  • Are sustainable by complementing the park’s recreational, environmental, social, and cultural values

What level of insurance do I need?

  • Commercial operators must ensure that they have a current certificate of currency for public liability insurance to the value of $20 million, and product liability insurance to the value of $20 million.
  • Depending on the temporary commercial activity professional indemnity insurance may also be required e.g. fitness and sports facilitators.
  • A copy of the relevant insurance/s must be provided at the time of application.

Council reserves the right to cancel an approval without notice based on:

  • adverse impacts of the temporary commercial activity particularly in relation to park users, nearby residential dwellings and lawfully approved businesses
  • non-compliance with the definitions, eligibility or assessment criteria
  • non-compliance with the terms and conditions of the certificate of approval or other related permits or licences
  • negative social and environmental impacts that outweigh the social and economic benefits
  • lack of business activity and activation of the open space.

Temporary Commercial Use of Public Open Space Application Fee: 

An annual non-refundable application fee of $160.00 per location applies. Permits are valid from 01 October to 30 September each year.

This application fee is detailed in Councils's Register of Fees 23-24 and is payable once the application has been assessed and approved.

To apply

Businesses that meet Council’s eligibility requirements may apply for a permit. 

Apply now

FAQs

Commercial vendors can apply for a variety of different types of temporary commercial activities that fall under the categories of food and beverage retailing, fitness and recreation, entertainment/other and tourism-based activities. The types of temporary commercial activities that a commercial vendor can apply for are outlined below, and depending on the park, further restrictions and limitations apply.

Food and beverage retailing

  • mobile beverage vendors
  • mobile coffee vendors
  • mobile food vendors
  • street food
  • all uses not to exceed 30m2.

Fitness and Recreation

  • personal trainers and sports coaches instructing more than 5 people
  • health and wellbeing e.g. yoga, Tai chi
  • fitness trainers e.g. box fit, boot camps
  • commercial coaching programs e.g. surf school, commercial triathlon/cycle
  • hire of non-motorised watercraft e.g. canoes, paddle boards, wind surfers, kite surfing
  • bike hire
  • all uses not to exceed 30m2.

Entertainment / other

  • children’s petting zoo
  • jumping castles
  • open air cinema
  • small scale entertainment uses e.g. busking, face painting, magicians and entertainers of children’s birthday parties not exceeding 30m2.

Tourism based activities

  • Indigenous and cultural tours
  • fishing instructions/lessons
  • canoe and kayak tours
  • all uses not to exceed 30m2.

Food and beverage retailing

  • food and drink outlet as defined under the City Plan 2018

Fitness and Recreation

  • major or annual sporting events
  • outdoor sport and recreation as defined under the City Plan 2018
  • personal trainers and sports coaches instructing less than 5 people.

Entertainment / other

  • commercial promotion
  • film making
  • community, cultural or education one-off events
  • events that require an approval for a Temporary Entertainment Event under Subordinate Local Law 1.12.

Tourism based activities

  • tourist attraction as defined under the City Plan 2018
  • tourist park as defined under the City Plan 2018.

Commercial operators can apply for an approval for eligible parks. Permits are valid for up to twelve months from 01 October to 30 September each year. Applications will be assessed against the eligibility criteria.  An application does not guarantee or authorise an approval to carry out a temporary commercial activity.

Not all parks are available for temporary commercial use. Based on their size, shape, and physical characteristics a limited number of parks and state reserves are suitable and eligible for temporary commercial activities.  In some cases, due to constraints such as proximity to residential properties, close proximity to similar established business,  specific areas within a park or open space cannot accommodate temporary commercial activities. 

Yes.  The category of temporary commercial activities allowed (such as food and beverage retailing, fitness and recreation, entertainment / other and tourism-based activities) are limited depending on the park or reserve. For example, large scale entertainment / other activities such as open-air cinemas require much larger spaces and are limited to 29 parks and state reserves.

In addition, to comply with the requirements of the Land Act, 1994 a Land Management Plan (LMP) has been undertaken for several parks that are state reserves where Council is the trustee. The LMP introduces further limitations on the number and types of temporary commercial activities that can occur within state reserves. For example, where large entertainment / other entertainment activities are permitted in larger parks their frequency is limited to the following: 

Entertainment / Other

  • children’s petting zoo (not exceeding a frequency of two / week)
  • jumping castles (not exceeding a frequency of two / week)
  • open air cinema (not exceeding a frequency of two / week)
  • small scale entertainment uses e.g. busking, face painting, magicians and entertainers of children’s birthday parties do not exceed 30m2.

Refer to the Redland City Council Land Management Plan [PDF 12.7MB].

Yes. Due to constraints such as proximity to residential properties and established businesses, slope, and lack of available space the number of commercial vendors is limited to between one (1) and three (3) commercial vendors at any one point in time.

Yes.  Depending on the type of temporary commercial activity more than three commercial operators could potentially share the available spots at different times of the day or days of the week. 

Commercial vendors must ensure that they have a Certificate of Currency for public liability insurance to the value of $20 million, and product liability insurance to the value of $20 million. Depending on the temporary commercial activity, professional indemnity insurance may also be required e.g. fitness and sports facilitators. A copy of the relevant insurance will be required at the time of lodging an application.

Before commencing a temporary commercial activity, an applicant must check if other permits, approvals, or licenses are required. Other approvals that may be required include:

  • Temporary food business licence (if selling food)
  • Moreton Bay Marine Park Permit to use or enter Moreton Bay (issued by the Queensland Department of Environment and Science).
  • Copies of professional qualifications and any other relevant approvals (e.g., industry qualifications, First Aid Certificate, Degree, Diploma etc).

If approval is granted for a temporary commercial activity, terms and conditions will apply. Terms and conditions will deal with a range of issues such as hours of operation, preventing exclusive use, minimising noise, and protecting plants, vegetation, existing park infrastructure and the health, safety, and amenity of park users.

All commercial vendors are required to demonstrate that they are not creating substantial competition with similar businesses activities operating from a fixed commercial premises in the local area. For example, if your proposal involves food and beverage retailing it is important that you show how your product or service is different to that provided by shops or commercial premises within 200m–400m radius of an eligible park. For all other temporary commercial activities, commercial vendors should demonstrate that they are not creating substantial competition for existing businesses within 400m of an eligible park.  

Applicants are encouraged to research shops, food and drink outlets and other businesses in the local area and identify those local businesses that offer the same or similar products to your proposal. For example, applicants are encouraged to visit the local shops or cafes to obtain a copy of their menu to demonstrate their food or beverage menu is different to that of established businesses. 

Provide a map showing that nearby shops or food and drink outlets are:

  • more than 400m from the nearest edge of the park, or
  • that your business offers a different product or service from shops or food and drink outlets located within 200m–400m from the nearest edge of the park you are interested in. 

Yes, although Council would consult with the current Lessee and request written permission for your business to operate. Additional conditions and restricted operating times may apply.

More information