Lachlan Bell trading as Maitreya Promotions Pty Ltd v Richmond Valley Council [2020] NSWLEC 1480

Land and Environment Court New South Wales

Medium Neutral Citation: Lachlan Bell trading as Maitreya Promotions Pty Ltd v Richmond Valley Council [2020] NSWLEC 1480 Hearing dates: 29-30 July 2020; 14 September 2020 Date of orders: 14 September 2020 Decision date: 14 September 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The application is dismissed. Catchwords: DEVELOPMENT APPLICATION – temporary use of land for a music and arts festival Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Local Government Act 1993 Richmond Valley Local Environmental Plan 2012 Texts Cited: Land and Environment Court, COVID-19 Pandemic Arrangements Policy (July 2020) Category: Principal judgment Parties: Lachlan Bell trading as Maitreya Promotions Pty Ltd (Applicant) Richmond Valley Council (First Respondent) The Minister Administering the Crown Land Management Act 2016 (Second Respondent) Representation: L Bell (Litigant in person) (Applicant) C Rose (Solicitor) (First Respondent)

Solicitors: Wilshire Webb Staunton Beattie Lawyers (First Respondent) File Number(s): 2019/151424 Publication restriction: No

Judgment 1. COMMISSIONER: On 14 September 2020 at the request of the applicant, Mr Lachlan Bell, I dismissed this Class 1 appeal. Although the reasons for my decision are apparent from the transcript of the hearing a large part of the authorised record of the proceedings is described as "not transcribable". This was because Mr Bell was speaking and sometimes yelling whilst the Richmond River Council's solicitor, Ms Cecilia Rose and I were speaking. In that circumstance it seems appropriate that I set out the context in which the decision to dismiss the appeal was made. 2. The appeal is responsive to the Council's decision to refuse consent to the applicant's Development Application No. DA2018/0197 (DA), and the associated s 68 permit under the Local Government Act 1993. The DA sought consent for the temporary use of Lot 152 in DP 811469, known as 302 Brewers Road, Kippenduff, for an annual music and arts festival, over the next 5 years. 3. The facts outlined below, taken from the Council's Statement of Facts and Contentions (SOFC) (Exhibit 5), appear to be uncontroversial and give context to my decision.