FAQs
Its proposed Marion Arena Community Land Management Plan (‘CLMP’) - which is a Council Strategic Plan that guides Council in making decisions in relation to subject land; and
The proposed lease agreement of 42 years for the subject land between the City of Marion as Lessor and Cruachan Investments trading as Ice Rinks Adelaide as Lessee.
- International standard ice rink (single sheet)
- 350-450 spectator capacity seating
- Pro shop
- International competition rock-climbing walls
- Recreational rock climbing and bouldering area
- Themed rock-climbing walls for children
- Children’s play café
- Kiosk/restaurant
As the landowner, Council must comply with the provisions of the Local Government Act, 1999 (the Act), and undertake a period of public consultation for two separate matters, namely the adoption of a proposed Community Land Management Plan (CLMP) for the site under Section 197 of the Act and the alienation of community land by a lease for more than 5 years under Section 202.
Council is a development authority for the assessment of Development Applications. This is a separate process from the two consultations on the CLMP and the 42-year lease. Development applications may include other formal notifications that are separate from this consultation and will need to be responded to separately. Noting, some decisions are referred to and made by Council’s independent Council Assessment Panel.
As the landowner, Council must give its consent to the Development and grant of tenure. Council is required to comply with provisions of its Community Land Management Plan.
What is being consulted on?
Council is undertaking two separate, but related and concurrent community consultations, seeking feedback on the proposals:
The community may provide feedback on one or both proposals. However, it is noted that the outcome of the lease agreement (‘B’ above) may be contingent on Council adopting the CLMP (‘A’ above).
What is Ice Rinks Adelaide proposing to do with the Council land at 262A Sturt Road, Marion?
Council has received and given in-principle endorsement to an unsolicited proposal from a group of private investors to build an international standard ice rink and rock climbing facility in Marion to be known as the Marion Arena. Cruachan Investments trading as Ice Rinks Adelaide and the Pelligra Group (the Consortium) are looking to develop:
Council has been advised by Ice Rinks Adelaide, which intends to operate the proposed facility, that the venture will serve the broader inner and outer southern suburbs in addition to the residents of the City of Marion.
The facility would be entirely funded by private capital which is estimated at $20 million. Councill will not be responsible for the repair or maintenance of any buildings or other improvements constructed on the land by the Consortium during the term of the lease.
Ice Rinks Adelaide has requested a 42-year lease. The lease agreement would give the City of Marion the option to purchase the arena from the private consortium, for an amount agreed to by both parties, at the end of 42 years.
The Lessee would pay rent over the term of the lease and offer discounts for City of Marion residents who use the facility. The terms of the proposed lease are commercial in confidence.
Why are there multiple consultations?
The site at 262A Sturt Road, Marion, is owned by Council and classified as community land and listed under the current ‘Community Land Management Plan 6 – Principal Sporting or Recreational Facilities’.
For the lease agreement to proceed, the site at 262A Sturt Road, Marion, should have a new management plan known as ‘Marion Arena Community Land Management Plan’ for this portion of land.
Under the Local Government Act, 1999 (the Act), it is necessary that Council undertake a period of public consultation separately for each matter, namely the adoption of a proposed Community Land Management Plan under Section 197 of the Act and the alienation of community land by a lease for more than 5 years under Section 202.
What is the role of the Council?
Council has several formal roles in this process.
What is the status of any Development Application for the Marion Arena?
Cruachan Investments trading as Ice Rinks Adelaide and the Pelligra Group (the Consortium) have not lodged a Development Application for their proposal.
As mentioned above, the Development Application process is an entirely separate process from consultations on the CLMP and the 42-year lease.
The submission of any Development Application is likely to occur after the resolution of the matters pertaining to these separate consultations.
If a Development Application is lodged, the independent Council Assessment Panel and/or Authorised Officers are the decision-makers on behalf of Council in relation to development. Landowner decisions (of importance) are made by the Elected Members of the Council, i.e., Council the body.
What is the status of the Land?
262A Sturt Road Marion is classified as ‘Community Land’ which is owned by the council.
There is no proposal to revoke this site’s status as Community Land.
There are no current lease arrangements on this land.
What is Community Land and why does Council need to have a Community Land Management Plan?
The Local Government Act 1999 states that all land owned by or under the “care and control” of Council is classified as Community Land unless the land was excluded from Community Land classification, or has had its classification as Community Land revoked. All Community Land must have a management plan which outlines the purpose for which the land is held by Council; and states the Council’s objectives, policies (if any) and proposals for the management of the land. Council cannot sell Community Land and must carry out public consultation in accordance with its public consultation policy prior to granting a lease or licence for a term in excess of five years. The plan helps guide Council in its decision-making processes in relation to the use of the Land, including whether to grant a lease or licence, permitted use, and approval in capacity as Land Custodian for Development activities.
Why don’t we already have Community Land Management Plan in place for 262A Sturt Road, Marion?
We do; however, it is currently listed under the ‘Community Land Management Plan 6 – Principal Sporting or Recreational Facilities’. For any lease agreement to proceed with Ice Rinks Adelaide, the site at 262A Sturt Road, Marion, should have a new management plan known as ‘Marion Arena Community Land Management Plan’ for this portion of land identified as 262A Sturt Road, Marion.
Why is Council carrying out this community engagement?
Council has a legal obligation under the Local Government Act 1999 to carry out community engagement prior to the adoption of a Community Land Management Plan. Notwithstanding this legal requirement, Council would like to receive feedback from community stakeholders in relation to the Draft Community Land Management Plan to help inform the decision making of Council.
Where Council proposes to alienate community land (e.g., by lease or licence) for a period in excess of 5 years, the Local Government Act 1999 requires that community engagement be undertaken, and feedback considered prior to entering into an agreement.
What benefit will the community get from the CLMP?
The Community Land Management Plan will be a public document that clearly defines the objectives for the Land and will guide Council decision making in relation to the use of the Land. Community Land Management Plans assist and keep Council accountable in the delivery of its ‘Community Vision’ including its six themes of developing a liveable, prosperous, innovative, engaged and connected City of Marion that values nature.
What if I support the draft CLMP but not the lease and redevelopment?
We are asking for and requiring that you provide separate feedback on both proposals. The adoption of the Community Land Management Plans (CLMP) is not in itself consent for the grant of the lease and therefore the development. However, approval of the CLMP will allow for Council to consider the unsolicited proposal from the private consortium.
You have the option of expressing your support for the adoption for the CLMP but your opposition to council granting consent, in its capacity as landowner, for development and the grant of the lease.
Will Council simply endorse or reject the proposal in its current form?
After consideration of Community Engagement responses, Council may decide to keep 262A Sturt Road, Marion, contained in its current listing under the ‘Community Land Management Plan 6 – Principal Sporting or Recreational Facilities’, or Council could decide to adopt the draft ‘Marion Arena Community Land Management Plan’ as currently written, or Council could choose to adopt amendments to the draft ‘Marion Arena Community Land Management Plan’.
Is it worth my while submitting feedback? Hasn’t Council already made a decision? Will my feedback be listened to?
Yes – your feedback is extremely important! No – Council has not made a decision on either the draft CLMP or the proposed 42-year lease. At its 10 May 2022 Council Meeting, Council resolved to revoke a confidentiality order pertaining to certain information regarding the unsolicited proposal in order to permit public consultation in relation to the 42-year lease proposal and the draft CLMP.
Your views are important and will be considered as part of the decision-making process of Council. Further reports and recommendations will be presented to Council following the conclusion of the engagement period.
What if there are conflicting views expressed in the process?
We would expect there to be conflicting views expressed through the consultation process. Council will listen to these views when considering its decisions in relation to the adoption of the draft ‘Marion Arena Community Land Management Plan’ and following this (subject to the outcome of the CLMP), then the proposal to grant the lease over community land.
What if I live (or own property) outside of the immediate area around 262A Sturt Road, Marion? Are my views going to be heard by City of Marion?
Yes – Council will consider the views of all community members. As part of this consultation a targeted mailout based on geographic proximity to 262A Sturt Road, Marion, is being undertaken to inform stakeholders of the proposals and invite feedback to Council. Feedback from the community outside of this geographical area will still be considered.
If Council endorses the draft Community Land Management Plan, when does it become effective?
The Local Government Act 1999 requires Council to give public notice of the adoption of a Management Plan, once this notice has been placed, the Community Land Management Plan will take effect.
Will trees be removed as part of the consortium’s proposal?
How much is the Council going to receive for the lease?
At this early stage, the terms of the proposed lease are commercial in confidence.
Will we have a say in how the ice rink and rock climbing facility are operated?
At this stage, the community can comment on two separate public consultations, namely the adoption of a draft “Marion Arena Community Land Management Plan’ under Section 197 of the Local Government Act, 1999 (the Act) and the alienation of community land by a lease for more than 5 years under Section 202 of the Act.
The next stage might involve the lodging of a Development Application. This is a separate process. Some decisions are referred to and made by Council’s independent Council Assessment Panel. Some lodged Development Applications that are classified as ‘notified applications’ require public notification as part of their assessment process. This classification is prescribed by State Planning Law. Public notification allows neighbours and other interested parties have a say about a notified development before a decision is made. You can find out more about notified applications here. You can also register for updates at www.makingmarion.com.au.
If the consortium receives all the relevant approvals to progress the proposal, any facility, once built, will be operated by a private operator, Ice Rinks Adelaide. Council involvement would be limited to leasing the land.