The lessee of the Phillip swimming pool is on notice - the ACT government expects him to reopen the facility for this summer "and beyond".
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However, there has been no commitment from the government that it will revoke his lease if the lessee fails to reopen the much-loved facility.
The pool's manager says they plan to start repainting the 50-metre pool in September and reopen for summer but continues to claim a new ice skating rink proposed for Tuggeranong could still sound the death knell for the entire complex.
Deputy chief minister and sports minister Yvette Berry has outlined the government's expectations of the lessee while rejecting a petition signed by 374 people calling for an emergency grant for repairs to the pool as well as a guarantee it will remain open into the future.
The Phillip Swimming and Ice Skating Centre is leased by Dr Wayne Houghton through his company Glencora Pty Ltd.
Ms Berry said the planning and land authority agreed to a request from Dr Houghton that the pool be allowed to close for the 2021-2022 summer season, up to March 30 this year. The pool has in any case closed its doors for the cooler months.
"The commercial prospects, operation and future of the PSISC, inclusive of the pool facilities, is a matter for the owner of that property, noting the lessee has had use, occupation and benefit of the property for over 40 years," Ms Berry wrote.
"As a result, I can advise the ACT government does not support the petition request to provide a grant to the PSISC lessee to 'fix the Phillip Pool and assist in ensuring this occurs'.
"Furthermore, in accordance with existing lease provisions for the PSISC site, the ACT government will expect the pool facilities will reopen and be available for public use for the 2022-23 summer and beyond."
Ms Berry was asked if the lease will be revoked should the pool not reopened for summer. A response from an ACT government spokesperson did not give a clear answer.
"The Phillip Swimming and Ice Skating Centre is privately owned and operated. The ACT government expects the facility will continue to be operated in accordance with the existing lease provisions for the site. It is not possible to speculate on what may happen next season and the circumstances which may arise," the spokesperson said.
Ms Berry was also asked if she could see the Phillip pool had special qualities - such as allowing people to exercise and socialise outside. She was also asked if the government would consider taking over the operation of the pool, but she did not answer the question.
"We know the community loves having access to outdoor pools, particularly on hot days during summer," the spokesperson said.
The pool manager John Raut said COVID, rain and problems securing paint and painters forced the closure this year.
"We sought an exemption because we knew we weren't going to be able to get the job done, we didn't have have the staff," he said.
Mr Raut was asked if it was likely the pool would reopen in summer.
"Well, that's the go," he said. "We will endeavour in September to repaint the pool and get it up and running.
"Unless Dr Houghton has any reason not to. But, at the moment, there's been no reason.
"There is the continuing drama of this new ice rink which could put us out of business."
Mr Raut said the ice rink in Phillip subsidised the operation of the pool, which ran at a loss. The water in the pool was also used in the operation of the ice rink.
Mr Raut said in the face of the Tuggeranong rink proposal, he couldn't get staff to work at the pool and ice skating centre "because we don't know if we're going to be here". It was also difficult to get anyone to take over the facility.
"We can't get anyone to take on the show," he said.
The ACT government 18 months ago selected Cruachan Investments Pty Ltd to build two Olympic-sized ice rinks in Tuggeranong. Ms Berry was this week asked where the development was up to.
"A detailed proposal for a new ice sports facility has been submitted to the ACT government and is currently being considered," the government spokesperson said on Thursday.
Ms Berry was also asked if she accepted that the proposed Tuggeranong ice rink would have an impact on patronage at the Phillip ice rink and a likely flow-on impact to the pool's operation.
The spokesperson suggested that was a matter for the lessee.
"The commercial prospects, operation and future of the Phillip Swimming and Ice Skating Centre is a matter for the owner of that property - noting the lessee has had use, occupation and benefit of the property for more than 40 years," the spokesperson said.
Labor MLA for Murrumbidgee Dr Marisa Paterson, meanwhile, this week on social media urged patrons to continue to apply pressure to ensure the Phillip pool reopened.
"I will continue to monitor this matter and work with colleagues to help facilitate a good community outcome. I encourage residents to write to the owner of the pool to express your desire to see the pool reopen," Dr Paterson wrote.
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