Who owns Darwin Esplanade?
November 2022,
It seems to us that the City of Darwin (Darwin City Council) has veered off the rails in a big way. Many decisions that affect the assets of the City of Darwin are being taken in secret. The principal stakeholders, the rate payers of Darwin, are the last to hear of the latest asset disposal. In our opinion this is in direct contravention of the City of Darwin's mandate.
We wish to remind Council of their functions and objectives (including to provide services and facilities for the benefit of its area, residents and visitors, to provide for the interests and well-being of individuals and groups within the council area, and to act in the best interests of the community as a whole) when they are deciding how to proceed.
Quotes:
28 October 2019 COD in response to a PLan enquiry - Council is not considering any matters in relation to the RSL at this upcoming ordinary meeting. Council is considering a recommendation for Stage 1 of the Cenotaph Renewal, as part of funding received from the Australian Government. Can you please provide more detail in relation to your questions below, particularly when information was received and from whom?
18 February 2020 - The Darwin Film Society (DFS) is writing to you to outline serious concerns regarding proposed development in the vicinity of the cinema. A development of this size and nature, in the proposed location will cause severe disruption to the cinema. The City of Darwin will lose a major attraction for tourists and locals if the Deckchair Cinema is forced to close. Jeff Coulter,
Chair of the Darwin Film Society
13 May 2020 - NT Independent quotes RSL President Steve Gloster said Darwin RSL was finalising a proposal to build a three-level venue on the site of the Cenotaph carpark at the edge of the Esplanade, featuring an underground carpark, ground-level café and a club area located on the top floor.
13 May 2020 - Darwin Mayor Kon Vatskalis has suggested relocating might be the best option for the iconic outdoor movie venue.
On the ABC at 7.30am+ on 25th May 2020, Chief Minister Michael Gunner said on air that the Esplanade was really not the right place for the RSL. His expectation was that a cool green open space would be established to allow for the large numbers who have been attending the Anzac Day events. This was as agreed previously.
Take Action
Write to the politicians using this online email page: https://actionnetwork.org/letters/no-development-on-the-esplanade-2?source=direct_link& direct contact is vital.
We urge to you to save the Deckchair Cinema. Begin by signing the petition here: https://www.change.org/p/the-northern-territoty-government-protect-the-deckchair-cinema-by-greening-the-cenotaph-car-park
Call or visit your representative. Also who is your representative? Found out here NT MLA Contact Details and here City of Darwin Alderman Contacts .
More details:
The Public Esplanade was established by George Goyder in 1869, at the time of the first actual Survey of land laying out the Darwin plan (then named Palmerston).
It provides a large area of open space between the sea and the first line of lots for built development on the actual Darwin plateau above the escarpment from the sea.
In English Speaking communities throughout the world, it has been the custom and rule in planning to set aside such a green area for the free use and enjoyment of the ordinary people. Our Esplanade is consistent with this civic custom and should remain that way.
The Public Esplanade provides not just open space for general recreation, but also panoramic views of all angles of Darwin Harbour. The adjourning street, as in many Australian cities, is named The Esplanade.
In 1920/1, the importance and significance of this principle was reinforced when the Governor General issued a national proclamation, an original of which is in the National Archives, Canberra. It provides that there be no building on the Darwin Esplanade.
Our understanding of the roll of local government in holding open spaces not privately owned, is a custodial one – (held in trust). It is strictly that councils manage these lands on behalf of the public. They are not financial assets of each relevant council, to be leased to private entities, and certainly not sold, or ever alienated from the public.
People should be outraged that anyone should even suggest that such lands should be ‘commercially’ developed as ‘assets’ by council, as the current Lord Mayor Kon Vatskalis has done through the NT News recently. These are public assets for recreation in an entirely different sense and should stay public assets. Availability of areas of such public assets should be increasing as the Darwin population grows, and not be reduced.
There should be no building on the Public Esplanade.
The Darwin Cenotaph is not a building, but a Memorial to those men and women to whom we owe our own personal freedom. It is a very public place in a suitable green setting on the Esplanade.
The RSL (Returned Services League) has plans of building a large multi-million two storey building of modern design on the Public Esplanade, near the Cenotaph. It is said by them that it would have cafe, and possibly a museum on the ground floor, and RSL offices on the second floor, with a verandah at the side for views to the sea.
It is being emphasised by the RSL committee that it would need to be successful commercially, so poker machines (a feature of the previous RSL) would be expected. Those using the new facility would include veterans, but a majority of social paid up members and visitors would be expected as patrons.
The building is intended to replace the smallish two storey one with land, burnt down in Cavenagh Street. Considerable funds could be expected from is from insurance, and the sale of that land. There is also an unoccupied site with RSL Club Branch buildings in Batten Road, Marrara. This site is closer to the Northern Suburbs and Litchfield Rural Area where many RSL people live.
It is understood that the architect (Hully Liveris) asserts that his ‘business’ building, would especially suit the CBD (Central Business) zoning of the city area. However, this ‘CB' zoning of the city is not actually centred on business use, but on a mixture of uses. Such a commercial building, with bustling crowd comings and goings, is incompatible with the honest quiet solemnity of the nearby Cenotaph.
The definition of the NT Planning Scheme ‘CB' Zoning is given below, as a footnote.
It is being stated that the RSL building proposed is not to be on the Public Esplanade, but on the old Darwin Oval Carpark, now immediately adjoining one end of the Public Esplanade. It is known that the City of Darwin Council, following the construction of Parliament's underground carpark promised to ‘green’ this area, no longer using it as a carpark, and not wanting it for building. The original plan was that once the new Underground car park was built, all car parks around the Supreme Court, Parliament house and the Darwin Oval would be returned to green open space. Darwin CBD has an inadequate amount of open space and any further erosion of this must be opposed.
It is obvious from its position that this ex-carpark land was originally part of the Public Esplanade. It should be restored to it now, to properly take in a balanced Cenotaph, as a completed piece to the end of the Darwin plateau. Clearly Goyder did not establish this carpark, since there were no cars in 1869.
Such a big building built on the top of the cliff, would block the panoramic views of those enjoying the fresh air on the Public Esplanade, sitting or strolling, as individuals, and in groups of ordinary people.
Particularly, the building would block continuous views of vessels, large and small, entering and leaving the Darwin port. Children would be affected by the presence of a licensed club building on this site. The panoramic view would be destroyed.
The size of such a large new two storey building in this important corner of the Public Esplanade, would inevitably dominate and take away from the simple modest Cenotaph. This plain shrine has stood the test of time as a Memorial to the Territory Fallen. Its dedication reads: “This memorial is erected by the residents…”
The proposed siting of the building sits on land above the long-established Darwin Deckchair Cinema. Interests of this organisation have serious reason to believe that noise and lights from the proposed RSL Club would compromise their popular film showings. These have come to be major entertainments events in the Darwin Season. This open air not-for-profit cinema is now the only working cinema in the Darwin city.
All things considered; we are surprised that the RSL considers it appropriate to suggest that their new building be built on the Public Esplanade. It is best if the former Darwin Oval carpark, including the historic Darwin Pillar was immediately resumed into the Public Esplanade. No part of the Public Esplanade should ever be sold or leased for commercial purposes.
Footnotes:
DEFINITION OF ZONE CB-CENTRAL BUSINESS (as in the NT Planning Scheme (5.7)
1. ‘The primary purpose of Zone CB is to provide for a diversity of activities including administrative, judicial, professional, office, entertainment, cultural, residential and retail and other business activities with a commitment to the separation of incompatible activities.
2. Building form and design is expected to be sensitive to the needs of pedestrian movement, and facilitate the creation of safe and active street frontages and public places, and a vibrant commercial precinct.’
LOCAL GOVERNMENT ACT 2008
The Local Government Act 2008 also says that the sale of council land should be consistent with Council’s objective and should advance Council’s Strategic Plan (see part 6 of the Minister’s guidelines which are mentioned in section 182 of the Local Government Act 2008 https://dhcd.nt.gov.au/__data/assets/pdf_file/0013/37012/lga_guidelines.pdf )
Links
Articles by NT Independent https://ntindependent.com.au/first-details-of-rsls-esplanade-plans-revealed/ and https://ntindependent.com.au/deckchair-move-an-option-to-make-way-for-rsl-lord-mayor/
Surveying the Territory https://dtsc.nt.gov.au/arts-and-museums/northern-territory-archives-service/stories-from-the-archives/surveying-darwin-and-the-northern-territory
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