At the Development Committee meeting on 1 October, councillors unanimously supported the staff recommendation to refuse the DA. It was also announced that the applicant in North Nowra had withdrawn his DA, having failed to provide evidence of no adverse impact.

This decision should set a precedent for the other applications at Tindalls Lane and Kangaroo Valley.

The key reason for refusal was the failure to satisfy Clause 2.8(3) which states that the temporary use of land “will not adversely impact on any adjoining land or the amenity of the neighbourhood”.

In October last year the Forum Committee provided Council with details of the Marshall case at the Land & Environment Court (2015) and the clarity provided by Justice Moore with regard Clause 2.8(3). This information formed the basis of the refusal recommendation by staff..