Council found out the details of a major event planned for Sandon Point, including camping, live music and fires, late last week.
Because of the scale and type of event, we advised the organisers to postpone the event and seek Development Approval. The organisers did not comply, so Council commenced action in the Land and Environment Court to find a solution that would address our principal concerns around public safety, environmental protection, public amenity and health.
We have obtained orders from the Court today which were agreed to as an undertaking by the organisers of this weekend’s event at Sandon Point to address these concerns.
Through the Court we have reached an agreement to allow a much scaled down event to go ahead with no public camping, no vehicular access or parking on the site, and no significant noise after 7pm.
We are pleased an outcome has been reached and that our concerns about resident safety and amenity will be addressed. The event will be monitored by Council and Police.
Conditions
IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
PROCEEDINGS NO. 41009/2010
WOLLONGONG CITY COUNCIL
(Applicant)
V
ROY “DOOTCH” KENNEDY, KAREN GOUGH, JODI PHILLIS & JODIE PRYOR
(Respondents)
Without any admissions:
The Respondents undertake to the Court, by themselves, their servants and agents, not to carry out the Sandon Point Aboriginal Tent Embassy’s 10th Anniversary Event, “Three Fires, Two Moons, Thirty Bands”, or any similar event on Lot 102 DP 268549, Lots 3 and 4 DP 588060, Lot 238 DP 1048602 and Lot 1 DP 231244 (“the Site”) except in accordance with the following conditions:
1. The Respondents shall make all reasonable efforts and take appropriate steps to ensure that:
(a) no music is audible at any residential premises after (i) 7pm on Friday 17 December 2010 and Saturday 18 December 2010; and (ii) after 7.30pm Sunday 19 December 2010.
(b) No general public camping, other than Aboriginal elders and carers who have been previously invited, up to 50, takes place.
(c) Camping for invited elders to take place in two tents of no greater than 7 x 7 metres;
(d) The stage is to be no larger than 3 x 4 metres in length, and 500mm in height.
(e) Lighting be restricted to a single lighting bar in the proposed marguee and no more than 3 outside lights for safety purposes.
(f) Christine Anu shall perform only between 6.30pm and 7.30pm on Sunday 19 December 2010.
2. No public parking is to take place on the site.
3. The respondents will lodge a development application and/or other application for approval with the Applicant before they are involved with organising any similar event on the Site which would require development consent or approval by the Applicant.
4. As soon as practicable, the Respondents will take all reasonable steps to advise attendees of these conditions including issuing a media release to local newspapers and radio stations.
Signed on behalf of the Applicant by
Jeff Reilly
Applicant’s Lawyer
And signed by
Roy “Dootch” Kennedy
Karen Gough
And signed on behalf of
Jodi Phillis and Jodie Pryor by Al Oshlack, agent.