Future Events Pty Ltd v Randwick City Council

[2009] NSWLEC 1083

Land and Environment Court

of New South Wales

CITATION:

Future Events Pty Ltd v Randwick City Council [2009] NSWLEC 1083

PARTIES:

APPLICANT
Future Events Pty Ltd

RESPONDENT
Randwick City Council

FILE NUMBER(S):

10068 of 2009

CORAM:

Hussey C

KEY ISSUES:

DEVELOPMENT CONSENT :- Conditions of Consent imposed on a development consent for the conduct of a major music event to be held at Randwick Racecourse

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979

DATES OF HEARING:

24/02/2009

 
DATE OF JUDGMENT: 

25 February 2009

LEGAL REPRESENTATIVES:

APPLICANT

Mr D. Cain, solicitor
of Kliger Partners

RESPONDENT
Mr P. Rigg, solicitor
of Deacons

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Hussey C

25 February 2009

10068 of 2009 Future Events Pty Ltd v Randwick City Council

JUDGMENT

Background

1 This appeal was lodged against some of the Conditions of Consent imposed on a development consent for the conduct of a major music event to be held at Randwick Racecourse on 28 February 2009.

2 The “Future Music Event” has taken place annually over the last 5 years and has progressively grown. In 2008 approval was granted for 35,000 persons and it is estimated that this may have been marginally exceeded.

3 However, this event resulted in many instances of disamenity to residents in terms of alcohol related, anti social behaviour, traffic and parking problems.

4 Due to the popularity of the event, the development application proposed the number of patrons be increased to 50,000. However after assessment, the consent was granted on basis for 25,000 patrons with stated time limits at the venue.

5 Consequently, the applicant lodged a s96 application and council agreed to modifications to increase the patrons numbers to 30,000 people, on the basis of the times of operation 2 pm till 10 pm.

6 As a result, the applicant is disatisfied with these modifications and has appealed the original conditions of consent on the basis that the modifications are too restrictive. The application requests conditions for:

• Maximum number of patrons 35,000
• Times: 12 noon to 10 pm
• No alcohol to be served after 9 pm

7 In this regard council considers a time limit should be 8 pm for last alcohol service. These are the main issues, although there was a secondary issue regarding the condition requiring a security bond to cover subsequent cleaning up and damage to property for the amount of $50,000, however parties have resolved that and come to an agreement.

The evidence

8 I note initially that this development application is permissible with consent in that zone.

9 Detailed evidence was presented by Mr B. Robinson the “Future Events” General Manager and also from a number of residents. Mr Robinson acknowledged that the disamenity problems had occurred after the 2008 event and this was mainly due to inadequate security after the closure.

10 However, he said that significant actions have been introduced to address these amenity concerns, and these matters are summarised in more recent section 96 report. They include the following details in respect of condition 4:

• Operational improvements. These are to include: an Integrated Event and Transport Ticket; a transport plan to move up to 20,000 patrons to and from the venue by a dedicated shuttle bus service; a resident hotline; increased user pays police presence; resident response security teams to patrol residential areas and resolve resident complaints; an improved the egress strategy including a managed pedestrian route internally to Alison Road/Doncaster Road intersection to cross Alison Road and link with an established pedestrian corridor.
• Site Ingress and Egress Plans. This includes a new main entry via High Street; a revised car parking plan for up to 2300 vehicles on the field (calculated at 3 patrons per vehicle this delivers 6900 patrons to and from the event); improved management of bus operations, taxis and private vehicles at entry and exit points.
• Event Bus Transport Variables and Calculation sheet. Bus movements have been calculated at 360 moves X 57 people per bus, giving a total and egress capacity of 20,659 patrons by dedicated bus shuttle; there would be 6 loading bays in Alison Road with 75 buses on a circuit between Alison Road and Central Railway Station, 3 loading bays for High Street with 30 buses on a circuit between High Street and Central Railway Station, with a total of 105 buses being required.
• Egress Dispersal Plan. This includes a new main entry via High Street. The plan considers the dispersal of the entire 35,000 attendees utilising the experiences of the past three events at the racecourse. The information is to be used by police, security and transport providers to actively dedicate resources to each of the 4 egress zones and surrounding local areas.
• Dedicated Pedestrian Corridor. This provides a major corridor to control the flow of people away from the venue as well as reducing the impact of pedestrians on the local community and the road system. Police and security services will use this corridor to direct the majority of patrons who depart on foot.

11 Mr Robinson explained the consultation initiatives taken to involve the various stakeholders so as to avoid the amenity problems of 2008 and this included the commissioning of a report by Events & Sports Projects Australia (EPSA), who apparently have considerable experience in managing and advising on transport for major events. ESPA stated in their letter of the 18 February that:

ESPA have consulted with the following agencies throughout the fact finding and planning process; the promoter of the event, Future Entertainment, the Security Contractor and ESPA’s Client I-SEC, the licensee of the land being AJC, the landowner being Randwick Council, relevant traffic agencies being, the NSW Police and the RTA, relevant transport authorities being, State Transit Authority and Ministry of Transport, a number of patrons who attended last years event and reported to the Moore Park Operations Group (MEOG) meeting on a regular basis.

12 I also note there has been comprehensive communications with the Police resulting in their initial opposition to the proposal but that was for the 50,000 patrons. However satisfactory arrangements have been made for the reduced numbers whereby the security force will include 200 contracted police. This is a considerable increase in the police presence of 89 persons last year. This is to be supplemented with an additional 35 resident responsibility team, which I understand will patrol the external areas and they will be in contact by radio to the command centre. This comprises a senior representative of the company, together with an experienced superintendent or commander of police.

13 I also understand that there will be approximately 100 police outside the stadium and it seems to me that this should be a reasonable police presence to avoid some of the problems that were detailed that happened last year. As a result, Mr Robertson is satisfied that with these measures in place there would be minimum impacts on the neighbourhood.

14 On this basis there is police support for the proposal and this support also includes the alcohol trading until 9 pm. This is on the basis that stopping trading at the suggested 8 pm time, is likely to increase, or result in binge drinking if the patrons seek to obtain their drinks in a rush before the main event, which starts about 8 pm and continues up until 10 pm.

15 Chief Inspector, Duty Officer McBeath confirmed this on the 20th February:

I can reaffirm the NSW Police estimation that a crowd capacity of 35,000 persons is considered manageable at the Future Music Festival at AJC on 28 February 2009.
There are traffic, transport, security, pedestrian and liquor licensing plans in place that mitigate the risks associated with the conduct of the event.

16 In further support of the 9 pm trading I note the applicant’s submissions that there have been, on a fairly regular basis, other major music events taking place in Centennial Park and they regularly accommodate up and until 38,000 patrons. Accordingly, I expect that the police have taken those events into account, when they have indicated that they can reasonably manage the proposed 35,000 patrons at the Future Event.

17 With respect to the 10 pm closing, as raised in the objections from residents who prefer a 6pm close, I note that there is considerable public interest in the major musicians that are to perform and there is a corresponding attraction from certain members of the public to see those appearances. Those appearances are dependent on lighting displays and continue on to 10 pm. I am satisfied with reasonably orderly behaviour, supervision and compliance with the security plans that the 10 pm close is satisfactory in the circumstances.

Conclusion

18 In considering the evidence in this matter, I have taken into account the s 96 application that was subject to a detailed assessment, wherein the council officer considered that with the updated security measures then it was reasonable to increase the patron numbers to 35,000.

19 Making allowances then for the aforementioned arrangements incorporating the integrated event ticketing, the shuttle busses directed to the main entrance in High Street and associated dispersal plan, I accept that the applicant’s submissions that these improved arrangements, together with the significant expanded security plan should reduce the anti-social behaviour and result in minimal disamenity.

20 I particularly note that the arrangements and the planning has been based on the 35,000 patrons and that is what the police indicate they can manage.

21 Insofar as the alcohol service seems to have been the main course of disamenity in 2008, I note that the revised proposal regarding this matter has been addressed in the conditions of consent, by the proposed condition 8. It limits to 2 alcoholic drinks per person at each drink purchase and other restrictions that apply to the sale of intoxicating liquor at Randwick Racecourse also apply. This includes the responsible service of alcohol and condition 10 is to be changed to no intoxication liquor to be served after 9 pm. Condition 11 deals with the sale of liquor at the event regulated by other conditions enclosed by the Police. I also consider condition 12 is of some importance, because patrons will be subject to strict no pass outs rules, for the duration of the event and that is shown on the entry arrangement conditions.

22 I am informed that there are security arrangements when the patrons enter the event area involving the screening and checking of the bags to limit alcohol being brought in, particularly bottles that apparently caused some concern with litter and nuisance last year.

23 The parties agree that there was disamenity last year and this was summarised by the council’s Manager Development Assessment, who identified the following:

• no available parking for residents,
• lack of rangers,
• refuse left in bins,
• noisy patrons leaving the event,
• traffic congestion,
• anti-social behaviour,
• vandalism of street signs
• public urination.

24 These were addressed in the s 96 report and I am satisfied on the evidence that the tabulated comments in the report reasonably address these concerns identified by council and the residents, to enable the event to proceed. Importantly, I consider that the traffic arrangements appear much improved to last year with the provision for 2300 free carparking spaces within the racecourse. Also, there will be indicators directing the traffic towards the new main entrance in High Street, rather than Alison Road and this deflects traffic away from the residential areas that suffered the inconvenience last year. I consider this a major positive initiative. Finally I note that there will be regular advisory messages at the end of the event that urge patrons to consider the neighbourhood.

25 In the ultimate I am satisfied that it is reasonable to vary the conditions of consent to allow maximum 35,000 people trading up until 9 pm and starting at 12 noon as conceded by Council and that there is agreement to condition 32.

26 In accordance with the discussions on the security action plan I would suggest that there be a concise security action plan, which has a clear line of command and with a list of responsibilities, which should be forwarded to council before the event. It should be there by 4 pm on Friday afternoon, so that if there are any detailing concerns about security or amenity, they can be discussed again to minimise the effects, in a co-operative effort that takes into account the interest of the neighbours.

Court orders

27 The Court Orders are:

1. The appeal is upheld.
2. Development consent is granted to DA/694/2008 for Future Music Festival and Randwick Racecourse on 28 February 2009, subject to the condition in Annexure A.
3. The Exhibits may be returned except for Exhibits 3, A, C, D, F and G.

___________________

R. Hussey
Commissioner of the Court
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