Development approvals

The Trust was constituted under the Wellington Park Act 1993 as the managing authority for Wellington Park. The Trust is required to prepare and implement a Management Plan for the Park. The Management Plan is a statutory document and is the planning scheme for the Park under the Land Use Planning and Approvals Act 1993 (LUPAA).

The Trust, via the Wellington Park Management Plan and the Wellington Park Regulations 2019, ensures that all works undertaken within the Park are consistent with the purposes for which the Park is set aside. These purposes are specified in the Act:

• the provision of recreational and tourism uses and opportunities where consistent with other purposes listed below
• the preservation or protection of fauna and flora
• the preservation or protection of the natural beauty of the land, or of any features of natural beauty or scenic interest
• the preservation or protection of any features of the land of historical, Aboriginal, archaeological, scientific, architectural or geomorphological interest
• the protection of the water catchment values of the land

Depending on the type of activity or development, a permit, licence, or other approval may be required from the Trust. Chapter 8 of the Wellington Park Management Plan sets out the activities, uses and developments that are allowable in the Park. 

There are two development approval processes that operate in Wellington Park, subject to two different pieces of legislation: the Wellington Park Act 1993, and the Land Use Planning and Approvals Act 1993 (LUPAA). 

LUPAA

Some use and development in Wellington Park may require local Planning Authority approval under LUPAA. Table 4 of the Wellington Park Management Plan lists developments that are exempt from planning permits under the LUPAA.

If a development requires a LUPAA planning permit, then the local Planning Authority (typically the Council) must use the standards for development set out in the Wellington Park Management Plan when assessing the development application. 

Wellington Park Act 1993 and the Wellington Park Regulations 2019

All developments require a permit from the Trust under the Wellington Park Regulations 2019. 

The objectives for assessing and managing activities, uses and developments are to provide recreational and tourism uses and opportunities that are consistent with the protection of natural, cultural, aesthetic and recreational values of Wellington Park.

Applications for a permit from the Trust are via a Park Activity Assessment (PAA). This assessment is a risk management approach in determining potential impacts on Park values. The PAA begins with the proponent completing a checklist to see if a PAA is required for their proposal. If a PAA is required, the Trust will determine if a Level 1, 2 or 3 PAA is needed.

Level 1 – Proposals are considered to have potential for adverse impacts on Park values or involves new works, but the proposal is relatively minor in terms of scale and impact, and impacts are easily managed. The PAA is to be submitted and will be assessed against ‘Allowable Activities in Wellington Park’ (Table 2, Chapter 8 of the Management Plan). Level 1 PAAs can be approved by the Trust General Manager.

Level 2-3 – Proposals are more complex and have the potential for more significant impacts. These proposals require significantly more information to be supplied, and often specialist advice is required to understand the possible impacts and best management measures needed. The Trust will take advice from its Management Advisory Committee as to the appropriate level of PAA, and the relevant information required as part of the applications.

The Trust’s process is as follows:

• Check that the proposal has the consent of the land owner/s
• The proponent uses the Park Activity Assessment Checklist in Appendix 3B of the Wellington Park Management Plan to determine if a PAA is required, in consultation with the Trust General Manager. If the checklist indicates that there is unlikely to be a negative impact on Park values, the Trust may allow works to be carried out without a full PAA.
• If a PAA is required, the proponent completes Part 1 (Potential Negative Impacts) of the Potential Impact table in the PAA template in Appendix 3C of the Wellington Park Management Plan and submits this to the Trust.
• The Trust will assess the risks identified in by the proponent in Part 1 in consultation with the Trust’s Management Advisory Committee and determine if the proposal qualifies for a Level 1, 2, or 3 PAA.
• If the proposal is sufficient to deal with as a Level 1 PAA, the proponent submits the completed PAA template to the Trust. The Trust may determine that no internal assessment is required, and provide a permit, or the Trust may assess the PAA in accordance with the Management Plan, associated strategies and plans, and will either approve or refuse a permit.
• If the proposal is to be dealt with as a Level 2 or 3 PAA, the proponent submits the completed PAA template to the Trust.
• The Trust, in consultation with the Trust’s Management Advisory Committee will determine additional information requirements on a case-by-case basis. 
• The Trust may require the proponent to submit assessments of the economic viability of commercial proposals, and environmental, cultural and social impacts.
• The PAA and additional assessments are distributed to the various land management agencies for comment.
• The Trust either approves or refuses a permit.

The Wellington Park Act 1993 does not provide an appeal process for decision by the Trust to issue or refuse a permit under the Wellington Park Regulations 1993.