Rabbits Eat Lettuce Pty Limited v New South Wales Commissioner of Police (No 2) [2018] NSWLEC 189

Rabbits Eat Lettuce Pty Limited v New South Wales Commissioner of Police (No 2) [2018] NSWLEC 189

The Court allowed the appeal because, although it could not vary the development consent or impose new consent conditions, the undertakings proffered by Rabbits Eat Lettuce Pty Limited and Mr Erik Lamir-Pike were consistent with the existing consent and enforceable as undertakings to the Court. Those undertakings, together with the event plans, increased user-pays policing, secondary search and security measures, measures addressing operational, fire, flood, access, egress and emergency risks, and the absence of evidence that required police resources could not be provided, meant there was no basis to conclude the Bohemian Beatfreaks 2018 November event was unsafe for the purposes of...

Jurisdiction
Australia
Judgment Date
20 November 2018
Procedural Posture
Class 1 Appeal Proceedings Under S 8.7 of the Environmental Planning & Assessment Act 1979 Concerning Condition 7 of a Development Consent for a Music Festival / Principal Judgment After Expedited Hearing
Outcome
Appeal allowed; the Court advised that the Bohemian Beatfreaks 2018 November event is safe pursuant to condition 7 of development consent 2016.007.01.
Legal Topics
['music Festival Development Consent' 'condition Requiring Safety Advice by NSW Police, NSW Rural Fire Service or Council' 'jurisdiction in Class 1 Appeal' 'undertakings to the Court' 'event Safety' 'drug Risk' 'user Pays Policing' 'emergency Services Resources']
['planning and Environment Law' 'development Consent' 'administrative Law' 'emergency Management and Policing'] ['music Festival Development Consent' 'condition Requiring Safety Advice by NSW Police, NSW Rural Fire Service or Council' 'jurisdiction in Class 1 Appeal' 'undertakings to the Court' 'event Safety' 'drug Risk' 'user Pays Policing' 'emergency Services Resources']

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Procedural Posture

Class 1 Appeal Proceedings Under S 8.7 of the Environmental Planning & Assessment Act 1979 Concerning Condition 7 of a Development Consent for a Music Festival / Principal Judgment After Expedited Hearing

Legal Issues

  1. 1 ['Whether the Court had jurisdiction in the Class 1 appeal to determine whether the proposed Bohemian Beatfreaks 2018 event was safe for the purposes of condition 7 of development consent 2016.0007.01.' 'Whether undertakings by Rabbits Eat Lettuce Pty Limited and Mr Erik Lamir-Pike could provide an enforceable basis for the Court to assess the event as safe without varying the conditions of consent.' 'Whether operational matters raised by NSW Police, including access, egress, bushfire, flooding, fencing, lighting, traffic management, emergency evacuation and site control, meant the event was unsafe.' 'Whether drug-related risks and the history of incidents at prior festivals meant the event should not be regarded as safe.' 'Whether the demand for NSW Police and other emergency services resources made the event unsafe for the broader community.']

Ratio Decidendi

The Court allowed the appeal because, although it could not vary the development consent or impose new consent conditions, the undertakings proffered by Rabbits Eat Lettuce Pty Limited and Mr Erik Lamir-Pike were consistent with the existing consent and enforceable as undertakings to the Court. Those undertakings, together with the event plans, increased user-pays policing, secondary search and security measures, measures addressing operational, fire, flood, access, egress and emergency risks, and the absence of evidence that required police resources could not be provided, meant there was no basis to conclude the Bohemian Beatfreaks 2018 November event was unsafe for the purposes of...

Court Disposition

Appeal allowed; the Court advised that the Bohemian Beatfreaks 2018 November event is safe pursuant to condition 7 of development consent 2016.007.01.

Orders

  • ['The appeal is allowed;' 'That pursuant to condition 7 of development consent 2016.007.01 the Court advises that the Bohemian Beatfreaks 2018 November event is safe;' 'The Court accepts the undertakings of the Applicant and Mr Erik Lamir‑Pike given to the Court as set in Annexure A;' 'The exhibits, other than...