Gurney Road Garden - Changes to Existing Licence

From February - April 2026, Council sought comment on a request from the Department for Education to change and renew the licence agreement over Gurney Road Garden, Rose Park.

Background

Gurney Road Garden is located at 41 Grant Avenue, Rose Park, and is approximately 2,000 square metres in area. The reserve is physically integrated with Rose Park Primary School and has historically been used by both the school and the local community.

Gurney Road Garden in Rose Park is a shared-use community reserve that has long supported both Rose Park Primary School and the broader community. A licence is currently in place to provide the school with exclusive-use during school hours, ensuring child safety while maintaining public access at other times. This arrangement expires in March 2027, with no further renewal rights under the existing agreement.

The Department for Education has requested some changes to the licence, including expanded exclusive-use hours from early morning to evening on weekdays, new exclusive-use on Saturdays during school terms, and installation of gate locks to restrict public access during these periods.

The Department for Education advise that the purpose of the proposal is to ensure that students who attend the school can do so in a safe and secure environment. However the proposed changes would reduce times of community access to a local open space.

Given the potential impact on public use, Council must balance child-safety considerations with broader community expectations. In line with the Local Government Act 1999 and Council’s Community Engagement and Consultation Policy, it is recommended that Council undertake community engagement on the Department’s proposal before forming a position on the requested licence variations and any new licence beyond 2027.

What is the proposal:

• A variation to the existing licence over Gurney Road Garden, Rose Park, as requested by the Minister for Education and Child Development, to expand the School’s exclusive-use hours and permit the installation of gate locks; and
• To grant a new licence to the Minister for Education, Training and Skills for a term of five (5) years, with an option to renew for a further five (5) years, on the varied terms.
• Under this proposal, access to the garden by the public would be restricted on Monday - Friday between 6.45 am and 6 pm throughout the year, and 8.30 am to 3 pm on Saturdays during school terms.
• The proposed gate locks will restrict public access during licensed hours.
• Community access to the reserve would still be available outside of these hours.

For more information, please read the documents on the right of the page.