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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 be able to apply through an Expression of Interest (EOI) process 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:

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

Temporary commercial activities include a commercial operator that provides 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 that are not a registered charity or not-for-profit group.

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 10.94MB] 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

Expression of Interest process

Council anticipates releasing  an Expression of Interest (EOI) by the end of September 2021.  Eligible commercial operators will have the opportunity to submit an EOI to use selected parks and open space for a temporary commercial activity.  Shortlisted applicants will be invited to apply for a permit.  Please be aware that a submission of an EOI does not guarantee or authorise an approval to carry out a temporary commercial activity.

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 lodging the EOI.

Fees

Completed applications will be assessed by Council, and if approved, an invoice may be issued for the relevant fees for the temporary commercial use.

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