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[2006] VCAT 2618
Victorian Civil and Administrative Tribunal
2006-12-21
Original judgment source is linked above.
Section 77 of the Planning and Environment Act 1987; Pyrenees Planning Scheme; Farming Zone; Place of Assembly; Outdoor Music & Lifestyle Festival; Previous Permit; Impacts on an Adjacent Farm.
Crown Allotments 68 and 68A Parish of Trawalla, Thompsons Road, Beaufort
Carey v Pyrenees SC [2006] VCAT 2618
1 In permit application no. PA1222/06, the decision of the Responsible Authority is set aside. A permit is granted for the land known as Crown Allotments 68 and 68A Parish of Trawalla, Thompsons Road, Beaufort.
2 The permit will allow the use and development of the land for a place of assembly (one music festival from 26 - 29 January 2007) in accordance with the endorsed plans and subject to the conditions set out in Appendix 1 to these reasons.
3 Pursuant to the provisions of Section 85(1)(b) of the Planning and Environment Act 1987, the Responsible Authority must issue a permit a permit in accordance with this order.
Mr S Tattersfield of Barnes Planning with Mr F Venuto (festival organiser) and Mr L Carey.
1 Mr L Carey owns property in Thompsons Road, Beaufort, where it is proposed to hold a four day music festival on the Australia Day long weekend in 2007. The Rainbow Serpent Music and Lifestyle Festival was held at the same site in 2006 and has been conducted on other properties near Beaufort in previous years. A planning permit application was made by Mr Carey for the 2007 event. The Pyrenees Shire Council refused the application, and because review of that decision has been requested, the Tribunal must decide whether a permit should be granted. The key issues focus on a decision by the Council last year to agree to the event on a "one-off" basis and the potential impacts of the event on the adjacent property owned and farmed by Mr N & Mrs E Pearce. In considering these and related matters, I have reviewed all submissions, assisted by my inspection of the review site, Pearces' land and wider area.[1]
2 Located on the north side of Thompsons Road, 6-7 kilometres from Beaufort, the review site has an area of 60.89 hectares. It comprises two Crown Allotments. It is part of Mr Carey's larger land holding including lots east of the review site. The subject land comprises two fenced lots, one that is open and used for grazing, and a second with a stand of native trees and a very large dam. Access to the site is via Thompsons Road, a gravel road, with a gate directly opposite a derelict weatherboard dwelling.
3 Mr Pearce owns and farms land that abuts the northern and western boundaries of the review site. That land slopes down toward the review site from the west. It is presently used for grazing. There is a heavily treed area to the northern part of this property, toward a gravel road known as McMillans Lane. Access to Thompsons Road and McMillans Lane is available from both the Skipton Road and Stockyard Hill Road.
4 Approval is sought to conduct the 2007 Rainbow Serpent Music and Lifestyle Festival on the review site. That event would commence on Friday 26 January and continue until Monday 29 January. I was advised that it attracts around 6,000 people over its duration. Patrons usually commence their arrival the preceding day (Thursday 25 January 2007) and complete their departure the day after the event (Tuesday 30 January). The open paddock abutting Thompsons Road would be used for car parking and camping, with stages and other Festival activities occurring on the northern treed lot. Facilities provided on-site include toilets, food, water and showers. All vehicle access would be via Thompsons Road with slow traffic signage and road closures in the wider area. Details supplied with the application address noise management (including monitoring by a sound engineer), traffic management, fire safety and emergency management. At the Hearing I was advised that marshals would supervise road closures for the first 48 hours and 10-15 trained security staff would be on and around the site from noon Thursday 25 January to noon Tuesday 30 January.
5 A permit is required to use and develop the land for a place of assembly in the Farming Zone of the Pyrenees Planning Scheme.[2]
Should the proposal be rejected because of a 2005 Council decision and its understanding the Festival would be held only once at the review site?
6 The Council's only ground of refusal is "A Council decision in 2005 and based on a written guarantee that the festival would be held on the proposed site for one year only". The 2006 Festival was conducted under Permit PA1117/05 issued on 13 December 2006 (sic). That allowed:
Use and Development of land as a Place of Assembly (Rainbow Serpent Music Festival) - festival to be held only once within period 2006-2010. [underling in original]
7 That Permit was issued under delegation based on a Council resolution to consent to the proposal subject to the written withdrawal of an objector. On 21 December 2005, the Council "confirmed" to that objector (Mr J Kirkpatrick) that (among a number of matters) "This permit application is for one event only in 2006". Mr Kirkpatrick's reply on 22/12/05 gave his agreement to conditions including "This a one of permit" (sic).
8 The Council's current position is based on its belief that the 2005 permit application and approval would allow a "one-off" event at the review site. Mr Pearce also relied on that position. In response, I was advised by Mr Tattersfield that another site was being pursued for the 2007 Festival but the use was subsequently found to be prohibited. Thus, a permit application has been made to re-run the event at the review site in 2007.
9 While I understand the basis of the Council's and Mr Pearce's argument, including their view that the proponent has reneged on a commitment, the important point is that Permit PA1117/05 has been acted upon and is spent. The description of "What the Permit Allows" enabled one festival to be conducted on land described as Crown Allotments 68A, 68B, 56A1 and 65B1 Parish of Trawalla, Thompsons Road, Beaufort, between 2006 and 2010. That occurred. But it does not prevent a new permit application being made. The Council has an obligation under the Planning and Environment Act 1987 to assess an application, as duly completed by its officers and leading to their recommendation to support the proposal.
10 The Council's ground of refusal raises no issue with the proposal in terms of its planning merits, such as in relation to the purpose of the Farming Zone, applicable policies of the Scheme or decision guidelines required to be considered in reaching a decision. The Council has given no planning reason why a permit should not issue.
11 Having regard to the policy directions of the Scheme, and the conduct of the Festival in the Shire over the past 8 years, I am not persuaded that there are state or local policies that this proposal would offend or undermine, provided that potential off-site impacts are dealt with and adjacent farmland and associated interests sufficiently protected. Rather, the proposal provides a recreational and cultural opportunity and provides a source of income and employment for local traders and community groups. These benefits carry weight in favour of the Application when balancing all relevant matters.
Should the Proposal be rejected because of Impacts on the Pearce Farm?
12 A purpose of the Farming Zone is "To ensure that non-agricultural uses ... do not adversely affect the use of land for agriculture". Decision guidelines address this point. Mr Pearce's submissions squarely relate to this. He is concerned that impacts associated with last year's Festival, to which he did not object when a permit was applied for, will reoccur. Those impacts included to varying degrees trespass onto his land; cutting of his fences to access the event (presumably to avoid paying); camping and smoking in his paddocks; using his paddocks for toileting; leaving rubbish on his property; vehicles blocking access to paddocks and McMillans Lane; and vehicles avoiding road closures. Mr Pearce cited difficulties in contacting organisers to act upon his complaints during the conduct of the 2006 Festival. He expressed concern about an inability to get insurance for his stock and difficulties with public liability cover due to increased risk.
13 The issues raised by Mr Pearce are legitimate and must be addressed. They relate to forward planning for the event as well as set up and management; these considerations are all important to ensure that the use does not unreasonably affect the ongoing operation of the adjacent farm. Very constructively, Mr Pearce nominated a series of actions discussed with the permit applicant and Festival organisers "to reduce the danger posed to his property". On the basis of these being implemented, Mr Pearce indicated he would not oppose the event proceeding. As refined at the Hearing, these actions are:
s McMillans Lane at Stockyard Hill Road and Skipton Road;
s in Thompsons Road at the access lane into a pine plantation;
for 48 hours from Friday noon to Sunday noon (or possibly 2pm);
•
patrolling the boundaries of the review site and Pearce land as well as within the Pearce land (near to dams and in the timbered area to the north) including additional monitoring in case of extreme fire dangers (eg. total fire ban days);
•
Festival organisers to pay for insurance for the Pearces' land, stock and fencing for the event and Council to hold a bond for repairing property damaged as a result of the event;
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installation of signage and fencing stating "no trespassing" and "no swimming" on the Pearces' land, possibly including pictorial depictions to assist any patrons who have limited/no English;
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strategic siting of toilets and bins to avoid litter and people using the Pearce land, including additional toilets and bins;
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clean-up of the Pearce land during and after the event as required;
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improved communication avenues with the Pearces during the event.
14 In discussions at the Hearing, the Applicant agreed to most of these actions, except for those that I discuss later in these reasons. In addition, at the Hearing the idea of a "no go" buffer area of (say) 10 metres from the perimeter of the site adjacent to the Pearce land was discussed. That was also agreed to by the Applicant. It could simultaneously serve as a fire break. Such an area would distance camp sites from the Pearces' fence-line; trespass could also be reduced by toilets and rubbish bins being positioned closer to this part of the site than occurred at the 2006 Festival.
15 The above matters can be addressed by ensuring detailed information is provided to the Council prior to the event confirming the agreed actions and setting out appropriate management and site layout plans. Some were supplied with the permit application and can be refined. As specific obligations of a permit, there would be an avenue for enforcement action by Council or another affected person, should that become necessary.
16 It is essential that the adjacent property owners be provided with a mobile telephone or landline number to ensure that immediate and direct contact can be made with a responsible manager to have any problems addressed. That includes Mr & Mrs Pearce, the owner of property to the south of the review site and any other affected owner. Communication appears to have been an issue in 2006 insofar as Mr Pearce was using a telephone number displayed on advertising material and ineffective from his perspective. That communication avenue is insufficient to ensure that any complaints are acted upon immediately or any issues addressed directly. A dedicated number is required and could also be made available to the Council.
17 An outdoor music festival of the scale proposed will affect the amenity of residents in a wider area who will be particularly exposed to noise emissions late at night in a setting where noise can travel substantial distances. When I asked Mr Dalton about the 2006 event and any formal complaints lodged with the Council, I was referred to written and recorded complaints identifying concerns about noise. I understand that music is intended to be continuous from 4pm Saturday to 4pm on Sunday. Festival organisers must plan how their obligations under State Environment Protection Policy N-2, to which the Applicant has agreed, will be met. The EPA's conditions indicate the types of matters that will need to be addressed such as noise monitoring. That requires noise levels to be assessed ahead of the event. The organisers must be prepared to lower music volumes on the Saturday night or at other times if that is required to comply with SEPPN-2. I would also encourage organisers to place notices in local papers, as the application material states is intended, as well as in other public places around Beaufort and nearby townships forewarning residents that there will be music noise and traffic over the event period.
18 Draft conditions were filed by the Responsible Authority as is required to comply with the Tribunal's procedures. The conditions are similar to those included on Permit PA1117/05 with changes and new conditions to attempt to address Mr Pearce's concerns. I have revised the conditions to take account of the agreed position (set out above), the necessity for some conditions to be to the satisfaction of the Responsible Authority, and to remove some conditions that are not related to a planning approval[3]. In relation to several issues raised at the Hearing about conditions, I record my findings below:
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Timing. Mr Tattersfield requested that conditions be amended to require material to be submitted to the Responsible Authority 14 days prior to the event rather than 21 days given the Christmas-New Year break. The Council agreed to this. I accept that agreement other than for VicRoads' conditions and the notification of emergency services.
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Patron numbers. Mr Tatterfield requested that the number of patrons permitted on-site be increased to 7,000 as this number could be accommodated and the organisers did not wish to turn patrons away. The Council agreed to this amendment. This request was not opposed by Mr Pearce. I am prepared to modify the number to 7,000 but stress that the condition requires a suitable recording system to be implemented and restricts the number of patrons on the land at any one time. Thus, the organisers must be prepared to turn prospective patrons away if the limit will be exceeded by their admittance. Should the specified number be exceeded, a breach of permit will have occurred and serious consequences can ensue.
•
Insurance policy. I will require a copy of the certificate of currency for the Festival's Insurance Policy (including public liability) to be provided to the Council prior to the event. Reflecting the parties' agreement, the policy must include cover for days of total fire ban, and coverage for and on behalf of adjoining landowners in the event of stock loss directly resulting from the event. I will address issues relating to property damage via a bank guarantee.
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Inspections. I will not include conditions requiring the permit holder to meet the Council's costs in engaging enforcement personnel under planning or health legislation. Nor will I require a bond that Council might use to recover its expenses in relation to enforcement. This is a matter for the Council to manage including deciding upon the number of inspections it will conduct during the event.
•
Bond. I will require a bank guarantee of $10,000 instead of a bond of around $40,000 as security in relation to potential damage to off-site assets. I will not require a bond/bank guarantee for compliance with permit conditions as there are other avenues available if required.
•
Site preparation and dismantling. I will require a schedule to be submitted to the satisfaction of the Responsible Authority detailing a programme for setting up and dismantling the site including arrangements for security and fire safety. That is intended to provide certainty as to activities on the review site prior to and after the event.
Should an agreement be required to prevent further events on the site?
19 This question returns to the point made by the Council's ground of refusal. Mr Pearce seeks a legal agreement under Section 173 of the Planning and Environment Act 1987, or some other mechanism, to prevent another event being held on the review site. He explained that the range of actions he has accepted in this case is based on a single event being held. If there was a prospect of ongoing events then he would seek stronger conditions, such as the erection of security fencing around the event site.
20 The request for a Section 173 agreement is opposed by the Applicant as being too onerous. Mr Venuto stated that an alternative would be accepted and that he intends making an agreement with Mr Pearce that there be no future event on the review site without Mr Pearce's consent.
21 The basis of Mr Pearce's submission is understandable and is not without some merit. However, permission has only been sought for one Festival at the review site in 2007 and no further period. I am not persuaded that a Section 173 agreement is justified; rather, it is appropriate for any future permit application to be fully assessed on its merits having regard to the relevant facts and circumstances at the time including experience from previous events. That has no impact on the undertaking given by Mr Venuto at the Hearing that can be confirmed with Mr Pearce outside of these proceedings.
22 For the above reasons, the ground relied upon by the Council in refusing the permit application has no basis in terms of the requirements of the Planning and Environment Act 1987 and applicable provisions of the Pyrenees Planning Scheme. An assessment of the planning merits of the proposal, having regard to the conditions agreed to by the Festival organisers, leads to the conclusion that a permit should issue. The high degree of co-operation between the Applicant and Respondent Objector has essentially resulted in an agreement being reached to address many of Mr Pearce's concerns. Moreover, I accept that the Applicant intends abiding by the measures discussed with Mr Pearce. It will be incumbent on the Applicant to implement those agreed conditions, and other obligations resulting from the conditions included on the permit, to ensure a successful event without unreasonable adverse impacts on adjacent properties and the wider area.
The use and development of the land for a place of assembly (one music festival from 26 - 29 January 2007) in accordance with the endorsed plans.
The permit must contain the following conditions:
1. No later than fourteen (14) days prior to the commencement of the event, plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the permit application but modified to show:
i. The location of the car parking and camping areas;
ii. The location of performance, market and workshop spaces;
iii. A 10 metre wide area around the western and northern boundaries of the subject land where no camping or car parking will be permitted including details as to how this area will be marked or fenced or delineated;
iv. The location of toilet and shower facilities servicing both the east and west general camping areas and the festival area;
v. The location of other facilities such as food outlets;
vi. The location of rubbish bins throughout the festival and camping areas as well as the car parks;
vii. The location of supervised road closures as follows:
o McMillans Lane at both Stockyard Hill Road and Skipton Road;
o in Thompsons Road at the access lane into a pine plantation to the south-west of the subject land and at Stockyard Hill Road;
o limiting public access westwards of the access point into the subject land on Thompsons Road;
with closures to be supervised for no less than an entire 48 hour period from midday on Friday 26 January 2007 to midday on Sunday 28 January 2007 unless an alternative 48 hour period is to the satisfaction of the Responsible Authority;
viii. The locations for emergency vehicle access and an emergency assembly area;
b. A schedule detailing a programme and timetable for setting up and dismantling the site including security and fire safety;
c. A Fire Safety Management Plan including the treatment of fire break(s), buffer zones referred to in Condition a.vi. above and arrangements to access water for fire fighting purposes;
d. A Emergency Management Plan;
e. A Traffic Management Plan;
f. A Noise Management Plan consistent with Conditions 13 and 21. That must include a noise measurement program including a register of locations, times, and noise level readings to be compiled throughout the event;
g. A Waste & Litter Management Plan for the duration of the event and after the event;
h. An Activity Containment and Trespass Prevention Plan including details of the type and location of signage to be erected and the location and frequency of regular patrols by trained security personnel of adjacent private land and around the perimeter of the subject land. This must include, but is not limited to:
i. personnel numbers, management structure, roles, responsibilities, powers and procedures;
ii. details and frequency of security patrols internal and external to the property;
iii. treatment and identification of property boundaries;
iv. communication provisions;
v. security provisions and protocols for nearby property owners and residents including:
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a 24 hour contact number for adjacent property owners and occupiers to register any complaints including arrangements to advise those persons of the number; and
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a register of all calls to this number that must be maintained and made available at all times for inspection by the Responsible Authority.
2. The layout of the site and the size and design of the proposed buildings or works as indicated on the endorsed plans shall not be altered or modified without the prior approval of the Responsible Authority.
3. There shall be on the premises at all times whilst the property is used for the purpose hereby permitted a person above the age of 18 years responsible for the good and responsible conduct of patrons and staff.
4. No patrons are to be present on site before noon on Thursday 25 January 2007 or after noon on Tuesday 29 January 2007. Other persons present on the site must be in accordance with the schedule endorsed under Condition 1b.
5. No later than fourteen (14) days prior to the commencement of the event, the permit holder must develop a suitable system for recording attendance figures for the duration of the event. This system must be approved by the Responsible Authority prior to the commencement of the event. A final attendance figure is to be presented to the Responsible Authority no later than one month after the completion of the event.
6. No more than 7,000 patrons may be in attendance at the event at any one time.
7. Twenty one (21) days prior to the commencement of the event the permit holder shall provide written confirmation to Emergency Services (CFA - Midlands Wimmera Region, Beaufort Police, Rural Ambulance Victoria and SES - Mid West Region), that the event shall be proceeding as planned. Dates and times for the event shall also be provided.
Erection of Temporary Speed Restriction and Directional Signage
8. Prior to the commencement of the event, the permit holder shall erect temporary directional signage and advisory speed signage along Skipton and Thompsons Roads to the satisfaction of VicRoads and the Responsible Authority. All temporary signage outlined above shall be removed within two days of the completion of the event.
9. No later than fourteen (14) days prior to the commencement of the event, an Environmental Management Plan (EMP) shall be submitted to and approved by the Responsible Authority. The EMP shall provide site-specific details on how environment protection measures will be tailored to the local environment, including the event site, surrounding sites and nearby uses. The operation of the site must be in accordance with the EMP at all times.
The EMP must include an assessment of the condition of all potentially harmful trees located in the Event and Walk-In Camping areas by a qualified arborist, and any necessary action required, to the satisfaction of the Responsible Authority.
10. No later than fourteen (14) days prior to the commencement of the event the following occupancy permits must be obtained:
a. all prescribed temporary structures (such as stages and marquees) must carry an occupancy permit issued by the Building Commission.
11. A copy of these occupancy permits are to be forwarded to the Responsible Authority no later than ten (10) days prior to the commencement of the event.
12. All garbage is to be removed off site and disposed of to the satisfaction of the Responsible Authority in accordance with the Waste and Litter Management Plan endorsed under Condition 1.
Comply with State Noise Policy No. N-2 and Noise Management Plan
13. Noise emissions must comply with State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 and endorsed noise management plan to the satisfaction of the Responsible Authority.
14. No later than fourteen (14) days prior to the commencement of the event, the permit holder shall provide details to the Responsible Authority of measures to suppress dust during the duration of the event. Dust suppression measures must ensure that dust caused by vehicles moving along the access roads and/or within the site do not cause a nuisance to surrounding properties or cause a hazard to traffic traveling to and from the event to the satisfaction of the Responsible Authority.
15. The use permitted by this permit must not commence until:
a. The unsealed section of road used to access the site (Thompsons Road) has been re-graded to the satisfaction of the Responsible Authority.
b. Vehicle access points to the site and internal access roads are constructed to the satisfaction of the Responsible Authority.
c. No later than two weeks prior to the event the permit holder shall organise an inspection, with the Responsible Authority to ensure that the above two points have been completed to the satisfaction of the Responsible Authority.
16. During the course of the event, the areas set aside for parked vehicles and access lanes as shown on the endorsed plans must be kept available for these purposes at all times.
17. All fires or pyrotechnical effects must comply with CFA Act/Regulations or any other required regulations in regard to use and conditions.
18. Access & egress routes must be marked to a width of not less than 6 metres to the satisfaction of the Responsible Authority and CFA and are to meet the following conditions:
a. Roads must be constructed to a standard so that they are accessible in all weather conditions and capable of accommodating a vehicle of 15 tonnes for the trafficable road width;
b. The average grade must be no more than 1 in 7 (14.4%) (8.1 degrees) with a maximum of no more than 1 in 5 (20%) (11.3 degrees) for no more than 50 meters;
c. Dips must have no more than a 1 in 8 (12%) (7.1 degree) entry and exit angle.
The event performance access / egress, car parking area & camping area must be maintained throughout the event and be to the following standard:
i. Grass must be no more than 100mm in height
ii. Leaf litter must be less than 10mm deep
iii. There must be no elevated fuel on at least 50% of the area. On the remaining 50% the elevated fuel must be at most, sparse, with very little dead material.
iv. Dry native shrubs must be isolated in small clumps more than ten metres away from any structure or camping area.
The permit holder must use its best endeavours to ensure that camping area (sites) have a separation of not less than 2 metres between each site.
Compliant fire extinguishers with a minimum rating of 2A 40B(E) are to be installed at the following;
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Food preparation/cooking/dispensing stalls.
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Electrical switchboards.
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Flammable liquid storage areas.
Organisers of the event are to ensure that all aspects of the document Event Management Planning Guide for Event Managers in Victoria have been met.
19. No later than twenty-one (21) days prior to the commencement of the event, the following documentation must be provided to the satisfaction of VicRoads:
a. A Traffic Management Plan detailing the controls used to lower the speed limit to 60km per hour at the intersection of Skipton Road (C172) and Thompsons Road. The Traffic Management Plan should also include the lowering of the speed limit on Thompsons Road to 40km per hour.
b. Completed Memorandum of Consent (MOC) to be returned with the Traffic Management Plan, the MOC should also include the lowering of the speed limit on Thompsons Road.
20. The Traffic Management Plan must be implemented to the satisfaction of the Responsible Authority and VicRoads.
21. A noise management plan must be submitted to the satisfaction of the Responsible Authority which includes, but is not limited to:
a. the orientation of sound stages and speakers;
b. independent noise monitoring in noise sensitive areas;
c. contact numbers of persons at the festival who could respond to any complaint about music noise;
d. measures to ensure compliance with SEPP N-2.
22. That all toilet wastes be transported to an EPA licensed site for treatment and reuse.
23. That solid waste is recycled or taken to an EPA licensed landfill for disposal.
24. That the site is cleaned up after the event to the satisfaction of the Responsible Authority.
25. Adequate toilet facilities must be provided for the anticipated number of festival participants to the satisfaction of the Responsible Authority.
26. To protect the nearby waterways, toilet and refuelling / maintenance operations must not be established or carried out within 100 metres of any waterway, channel or drainage line, or within a floodplain.
27. The use hereby permitted shall not commence until an adequate supply of potable water has been provided, to the satisfaction of the Responsible Authority (Environmental Health Officer).
28. All wastes including sewerage, sullage and refuse, shall be disposed of in the proper manner, to the satisfaction of the Responsible Authority (Environmental Health Officer).
29. Fourteen (14) days prior to the commencement of the event, the permit holder shall provide the Responsible Authority a copy of a certificate of currency for its Insurance Policy including public liability. The policy must include cover for days of total fire ban, and coverage for and on behalf of adjoining landowners in the event of stock loss directly resulting from the event.
Individual Attendee Responsibility & Obligations
30. The permit holder or festival organiser must employ all methods considered practical including leaflet distribution / public notification advising attendees of their obligations relating to (but not necessarily limited to) the following:
a. Trespassing on lands other than approved for use for the festival;
b. Public Safety, including fire hazard prevention; and
c. Appropriate waste disposal methods.
Details are to be provided to the Responsible Authority for approval no less than 14 days prior to the commencement of the event.
31. Prior to the release of the endorsed plans, a $10,000 bank guarantee must be lodged with the Responsible Authority as security in the event of assets off-site being damaged or destroyed. The bank guarantee will be discharged by the Responsible Authority when it is satisfied that there is no off-site damage directly resulting from the event allowed by this Permit requiring rectification.
32. The permit holder or festival organiser shall ensure the subject land and environs are reinstated to an equivalent condition as existed prior to the event being conducted to the satisfaction of the Responsible Authority.
33. The activity is to be wholly contained within Crown Allotments 68A and 68B, Parish of Trawalla, with appropriate signage and containment methods to be employed to the satisfaction of the Responsible Authority. Details are to be provided within the required Activity Containment and Trespass Prevention Plan, to be submitted to the satisfaction of the Responsible Authority no later than fourteen (14) days prior to the commencement of the event.
34. This Permit shall expire three days after the staging of the event on 26 - 29 January 2007.
[1] That inspection occurred on Monday 18 December 2006. It involved Mr L Carey, Mr A Dalton, Mr N Pearce and myself.
[2] Pursuant to Clause 35.07. Land must not be used for a place of assembly for more than 10 days in a calendar year. I have considered the decision guidelines at Clause 35.07-6 in addition to applicable policies at Clauses 11, 12, 15.05, 17.02, 17.04, 17.05, 21, 22.01 (General Policies), 22.02 (Agriculture Policies) & 22.05 (Employment Policies). I have considered the requirements of 52.06 (Car Parking) and general decision guidelines at Clause 65. No Overlays apply to the land.
[3] Eg. No. 17 relating to food handling is dealt with by other legislation but could be advised by a covering letter with the permit.
Carey
Pyrenees SC [2006] VCAT 2618