Richmond Valley Council v Cambourn [2015] NSWLEC 209

Richmond Valley Council v Cambourn [2015] NSWLEC 209

An interlocutory injunction should be granted because the Council established a serious question to be tried that the Event would be prohibited development carried out without development consent in breach of the Environmental Planning and Assessment Act 1979, and the balance of convenience favoured restraint given the unassessed risks and impacts, including bushfire risk, an unfenced waterhole, lack of evidence of amenities, police concerns, remoteness from emergency services and access issues.

Jurisdiction
Australia
Judgment Date
23 December 2015
Procedural Posture
Class 4 Proceedings for Interlocutory Injunctive Relief / Notice of Motion for Interlocutory Injunction
Outcome
Interlocutory injunction granted until further order, with liberty to the respondents to apply to discharge or vary the orders.
Legal Topics
['interlocutory Injunction' 'prohibited Development' 'development Consent' 'temporary Use of Land' 'music and Arts Festival']
['environmental Planning and Assessment' 'local Government' 'injunctions'] ['interlocutory Injunction' 'prohibited Development' 'development Consent' 'temporary Use of Land' 'music and Arts Festival']

Case Brief

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Procedural Posture

Class 4 Proceedings for Interlocutory Injunctive Relief / Notice of Motion for Interlocutory Injunction

Legal Issues

  1. 1 ['Whether there was a serious question to be tried that the holding of the Event would breach the Environmental Planning and Assessment Act 1979 because it was prohibited development and no development consent had been obtained.' 'Whether the balance of convenience favoured granting an interlocutory injunction restraining the Event.']

Ratio Decidendi

An interlocutory injunction should be granted because the Council established a serious question to be tried that the Event would be prohibited development carried out without development consent in breach of the Environmental Planning and Assessment Act 1979, and the balance of convenience favoured restraint given the unassessed risks and impacts, including bushfire risk, an unfenced waterhole, lack of evidence of amenities, police concerns, remoteness from emergency services and access issues.

Court Disposition

Interlocutory injunction granted until further order, with liberty to the respondents to apply to discharge or vary the orders.

Orders

  • ['Abridge time for the return of the summons to 23 December 2015 at 10am.' 'Order, until further order, that the Respondents, their servants, agents and invitees be restrained from carrying out an arts and music festival known as the "Indigo Evolution New Year\'s Eve Arts and Music Festival" on Lot 58 DP755604 at...