Hans Lovejoy
Owners of North Byron Parklands, which is home to Spendour and Falls festivals, have defended their decision to take the NSW planning minister to the Land and Environment Court (LEC) to seek permanent event approvals from the state government instead of Byron Shire Council.
A ruling on November 4 by Judge Robson rejected the request.
A five-year trial for Parklands events was a consent condition imposed by the NSW Planning and Assessment Commission (PAC) in April 2012.
The first Splendour in the Grass was held at the site in 2013.
Attempt to change law
Paul Arrowsmith, president of Middle Pocket and Yelgun Progress Association, says the move ‘was an attempt to change NSW state planning law/legislation to suit Parkland’s desire to increase patron numbers up to 50,000 per festival while avoiding council and community scrutiny of activities on their unsuitable site.’
Parklands adjoins Billinudgel Nature Reserve, the shire’s most easterly wildlife corridor and state registered coastal wetlands.
Mr Arrowsmith said the move ‘follows the approval by the Planning and Assessment Commission to modify their conditions against community wishes.’
He added that if the court had granted ongoing control by the minister, ‘then Byron Shire Council would be denied the ability to charge the expected fees and charges and carry out proper oversight of the development, leaving it [control and oversight] to the planning department that has allowed a questionable 10 per cent increase in numbers of patrons annually, even though festival promoters have failed to control traffic, patron access and egress and excessive noise emanating from the site in particular.’
‘Thus far, the planning department has allowed Parklands to largely carry out self-compliance. A dangerous situation in this instance.’
Mr Arrowsmith said the Land and Environment Court had ‘given council the opportunity to take control of this development to raise some of the money needed to upgrade roads and facilities needed to deal with the increase in tourist numbers caused by the huge influx of patrons that swamp our tiny shire during festival times.’
‘The idea that 15,500 ratepayers can fund the infrastructure needed to support over 1 million tourist visitors per year, no matter what rate variation is allowed is short-sighted.’
Mr Arrowsmith argued NSW Government should ‘give our shire much greater financial assistance to support the millions of dollars generated through growing tourism to our area.’
‘We trust that Byron and Tweed Shire Councils will be proactive and commence planning and resource staff now to oversee this massive development, ongoing, after 2017 and make Parklands contribute the same as other developments that fall under council control,’ Mr Arrowsmith said.
Parklands reply
North Byron Parklands general manager, Mat Morris, told Echonetdaily that, ‘nearing the completion of its five-year trial as set by the NSW Planning and Assessment Commission (PAC), North Byron Parklands lodged an application with the LEC to determine if planning law would allow a modification for permanency with the Department of Planning and Environment.
‘The objective of the original trial approval was for Parklands to demonstrate that large outdoor events could be operated in line with a range of key performance indicators covering aspects such as noise, traffic, flora and fauna, etc.
‘Parklands has now held a total of seven large events and to measure the success of the project the venue has published its annual performance report covering each year of operation. These performance reports have shown a pathway of continuous improvement, an extremely high level of compliance across more than 270 conditions and internal KPIs and an organisation that actively listens and responds to community concerns.’
Mr Morris said that Parklands had ‘never avoided its responsibilities with respect to any council fees and charges. In fact, Parklands has paid council $150,000 towards the new roundabout adjacent to the Yelgun interchange and has sealed both ends of Jones Road at a cost of $184,000.’
He added that Parklands ‘originally applied for and received approval via the council back in 2008 to hold a festival, however this council approval was challenged and subsequently invalidated by the LEC on a technicality (ie council did not explicitly approve the internal roads for event usage making it impossible in the eyes of the presiding judge to hold such an event).’
Mr Morris said that the recent decision by the LEC that Parklands cannot seek a modification to secure permanency ‘as originally requested back in 2010’ was ‘due to the limitations of the planning law, not the performance of the event.’
‘As such Parklands will now lodge a Development Application for permanency. It is possible that this application may ultimately be determined by the state government.
‘Parklands will be guided by what the planning law requirements are as it has always done since its original application in 2010,’ Mr Morris said.
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