Temporary commercial activity in a park or public open space | Redland City Council
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Further information

Temporary commercial activity in a park or public open space

Council supports a range of temporary commercial activities that activate parks and open spaces to create vibrant places and liveable communities. Eligible businesses may apply to conduct temporary commercial activities in selected parks and open spaces.

Definition of a temporary commercial activity

A temporary commercial activity occurs where goods or services are offered for sale for a fee, or where a business is promoted. For example:

  • personal fitness training and coaching programs,
  • mobile food and beverage vehicles,
  • hire of recreation equipment (watercraft, bikes, scooters),
  • small scale entertainment (busking, face painting, magicians, jumping castles, mobile animal petting), and
  • tourist-based activities (canoe and kayak tours).

Temporary commercial activities include a commercial operator, charity or not-for-profit organisation providing goods or services within eligible parks and open spaces. identified in Council’s Fact Sheet – Temporary commercial use of public open space that:

  • involves a commercial benefit or transaction and is a registered business/ company with a current ABN/ACN
  • complements 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.

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.

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 suitable parks and open spaces [PDF 573.53 KB] 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.  

When you need approval

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 roadsCouncil 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.

Temporary Commercial Use of Public Open Space Application Fee: 

An annual non-refundable application fee of $160.00 per location applies. 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

Redland City Council supports a range of temporary commercial activities that activate our parks and open spaces to create vibrant places and liveable communities. 

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).

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 in the table 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
  • markets (that do not exceed a frequency of one / month)
  • open air cinema
  • wedding ceremonies involving a catered event
  • 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 up to 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 and Council will recommence an EOI process every three years. Submissions will be assessed against the eligibility criteria and 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. Fact sheet No.2 identifies the parks and state reserves that are eligible for temporary commercial use of public open space.

PDF maps of eligible parks are available on this webpage. In some cases, due to constraints such as proximity to residential properties specific areas within a park or open space cannot accommodate temporary commercial activities. However, areas that are suitable and eligible for consideration are highlighted ‘grey’. 

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 markets and 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)
  • markets (not exceeding a frequency of one / month)
  • open air cinema (not exceeding a frequency of two / week)
  • wedding ceremonies (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 and three 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. 

More information