Gum Ball Decision

Date: 08-Apr-08
Author: Cessnock City Council
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CORPORATE & REGULATORY SERVICES COMMITTEE OFFICERS' REPORTS
ACTING DIRECTOR CORPORATE & REGULATORY SERVICES
REPORT NO. 21/2008

DEVELOPMENT APPLICATION NO: 8/2008/38/1
APPLICANT: RED FLOOR PRODUCTIONS
OWNERS: RACESUN PTY LTD, B. BARNES, I. BAWDEN CESSNOCK COUNCIL
PROPERTY:
LOT 1 DP 198636 2982 PAYNES CROSSING RD, WOLLOMBI
LOTS 1 & 2 SEC 7 DP 759103 2988 PAYNES CROSSING RD, WOLLOMBI
LOTS 1,2 3, 6 & 7 SEC 1A DP 759103 2992 PAYNES CROSSING RD, WOLLOMBI
LOTS 4 & 5 SEC 20 DP 759103 3006 PAYNES CROSSING RD, WOLLOMBI
LOTS 2 & 3 SEC 4 DP 759103 2951 PAYNES CROSSING RD, WOLLOMBI
LOTS 1 - 5 SEC 13 DP 759103 0 CANNING ST, WOLLOMBI
LOTS 1 - 6 SEC 12 DP 759103 0 CANNING ST, WOLLOMBI
LOT 102 DP 755219 66 CHRISTINA ST, WOLLOMBI
AREA: APPROX. 31.9 HA
ZONING: 2(B) VILLAGE & 1(A) RURAL
PROPOSAL: THREE (3) DAY TEMPORARY EVENT - "THE GUM BALL" MUSIC FESTIVAL
MOTION Moved: Councillor Bedford Seconded: Councillor Pynsent that this report be determined this evening as the event date would be over before the next Council Meeting.

CARRIED

MOTION Moved: Councillor Bedford Seconded: Councillor Davey
842

RECOMMENDATION that:

A. Development Application No. 8/2008/38/1 for a three (3) day temporary even on the subject land be refused for the following reasons:

1. The proposal fails to satisfy Clause 33(a) of the CLEP 1989 in that the proposed location and scale of the event will significantly conflict with the purpose of the 2(b) Village Zone which is to permit development of a nature that will not impact on the amenity of existing villages and ensure residential lifestyles are maintained.
2. The proposal fails to satisfy Clause 33(b) of the CLEP 1989 in that inadequate arrangements have been made with regards to parking, access, sewage disposal, water supply and utility services.
3. The proposal fails to satisfy Clause 33(c) of the CLEP 1989 in that the development will interfere with the amenity of surrounding residential development and rural dwellings within the vicinity.
4. The proposal fails to comply with Part D, Chapter D.8, Section 8.1.3 of the Cessnock DCP 2006 (Temporary Events) with respect to the aims and objectives of the Plan which is to provide events in suitable locations that do not unduly impact on neighbouring properties, the surrounding community and the local environment.
5. The proposal fails to comply with Part D, Chapter D.8, Section 8.6.1 of the Cessnock DCP 2006 (Temporary Events) with respect to the hours of operation.
6. The site is not considered suitable for the proposed event given its location within a small village community, the dispersed nature of the subject land and its flood affectation.
7. Support of the proposal would not be in the public interest due to significant public objection.

B. Council write to the applicant and owners of the subject land and advise that in the event of the temporary event proceeding without the consent of Council that appropriate legal action will be taken to remedy a breach of the Environmental Planning and Assessment Act, 1979.

CARRIED

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CORPORATE & REGULATORY SERVICES COMMITTEE

QUESTIONS WITHOUT NOTICE

Councillor Scott

GUM BALL FESTIVAL

Question:

Councillor Scott asked if Council has a camping or temporary accommodation policy.

Answer:

The Acting Director Corporate & Regulatory Services advised that Council does not have a temporary camping policy for this type of temporary event. These types of applications are simply referred through to the Environmental Health Division who assess the requiremen

Minutes of the ordinary meeting of the Cessnock City Council on 2 April 2008 (253kb PDF)