Future Events Pty Ltd v Randwick City Council [2009] NSWLEC 1083

Land and Environment Court of New South Wales

CITATION : Future Events Pty Ltd v Randwick City Council [2009] NSWLEC 1083

APPLICANT Future Events Pty Ltd PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 10068 of 2009

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT CONSENT :- Conditions of Consent imposed on a development consent for the conduct of a major music event to be held at Randwick Racecourse

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 24/02/2009

DATE OF JUDGMENT: 25 February 2009

APPLICANT

Mr D. Cain, solicitor of Kliger Partners LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Rigg, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

25 February 2009

10068 of 2009 Future Events Pty Ltd v Randwick City Council

JUDGMENT

Background 1 This appeal was lodged against some of the Conditions of Consent imposed on a development consent for the conduct of a major music event to be held at Randwick Racecourse on 28 February 2009.

2 The "Future Music Event" has taken place annually over the last 5 years and has progressively grown. In 2008 approval was granted for 35,000 persons and it is estimated that this may have been marginally exceeded.

3 However, this event resulted in many instances of disamenity to residents in terms of alcohol related, anti social behaviour, traffic and parking problems.

4 Due to the popularity of the event, the development application proposed the number of patrons be increased to 50,000. However after assessment, the consent was granted on basis for 25,000 patrons with stated time limits at the venue.