In its submission on 25 October 2018, relating to an application for a ‘temporary’ function centre in Strongs Road, the Forum Committee informed Council about a Land & Environment Court judgement that would dictate the outcome of its assessment.
The applicant was attempting to use LEP Clause 2.8 Temporary use of land to hold functions on 52 days each year.
In the Land & Environment Court case Marshall Rural Pty Ltd v Hawkesbury City Council and Ors , after reviewing the acoustics evidence, Justice Moore stated that the assessment reports did not take into account the fundamental nature of the test required, that there be an absence of adverse impact rather than an acceptable impact.
Council is now making new applicants aware of the LEC ruling and advising that they must now provide information demonstrating that the proposed temporary use will have no adverse impact on any adjoining land or the amenity of the neighbourhood (e.g. noise, vibration, traffic, dust, odour, light spillage, privacy, use of adjoining land) and that the temporary use will have no adverse impact on environmental attributes or features of the land.
A revised acoustic assessment is also required that shows that the proposed development will have no adverse noise impact