MURRAY RIVER COUNCIL
ENVIRONMENTAL SERVICES REPORT
ORDINARY COUNCIL MEETING
21ST FEBRUARY 2017
3.
EVENTS HELD IN MURRAY RIVER COUNCIL
AUTHOR:
VENUE:
TRIM Reference:
Christopher O’Brien – Town Planner
Moulamein Bowling Club
Issues Considered in writing report: Murray Strategic Land Use Plan,
State, Regional and local planning directions, Council Policy, Legislation,
Natural Environment, Built Environment, Social Environment, Economic
Environment – issues applicable have been reported on.
RECOMMENDATION
i.
That the Officer’s report be received and noted.
ii.
That Council advertise the draft Events Policy that would permit certain
events to proceed without the requirement to lodge a Development
Application for public comment.
BACKGROUND INFORMATION
Council has recently received a number of enquiries regarding the use of
Council owned and managed land for events. Council’s current approach is to
require a Development Application for the majority of new events proposed to
occur within the Council area.
It is considered that the current approach can be improved. Events proposed
are often of a small scale and are unlikely to cause any impact to the
community or adjoining property owners. The Development Application
assessment process often requires assessment against criteria which is not
relevant in the instance of proposed events of a non-for-profit nature. This
process has a significant impact on the event managers and the level and
detail of information required to be submitted with any application and also the
time for staff to assess same.
Generally, if an event is to be held on land that is not normally used for the
same purpose as the event, an application will be required to enable a
temporary use of the land.
If the event is to be held on land that is owned by Murray River Council, the
consent of Council will be required in writing and if required, the Development
Application signed by the appropriate Council Officer.
This is Page No. 23 of the Environmental Services report submitted to the Ordinary Meeting of
MURRAY RIVER COUNCIL held on Tuesday 21 February 2017 at the Moulamein Bowling Club
A booking is required for the use of Council land. The booking to use Council
land is a separate process to the Development Application. Both the booking
terms and Development Application can enable Council to impose conditions
to ensure that Council’s assets are not damaged and that the impact of the
event being held is minimised.
As part of Section 68 of the Local Government Act 1993, operators of
amusement devices will still be required to make application to Council for
approval to operate their amusement devices anywhere in the Council area
unless the amusement device is not required to be registered under the
Occupational Health and Safety Regulation 2001 or if the amusement device
meets the exemption requirements of clause 75 of the Local Government
(General) Regulation 2005.
It is therefore proposed that Council permit certain events to not require a
Development Application if applicable conditions are met. This will provide a
more streamlined process for both Council staff and Applicants alike.
The following criteria are proposed in which events must adhere to in order for
there to be no requirement for a Development Application.
Temporary community or retail events or private functions where
Development Approval is not required
1) Must be for non-for-profit purposes.
2) Must be located on Council-owned land or land for which the Council
has care, control or management.
3) Must have obtained the written consent of Council.
4) Must have obtained all required approvals (i.e. Section 68 Local Activity
Approval under the Local Government Act 1993).
5) Must not involve the closure of any public roads.
6) Must not have a duration of more than 1 day in any 12-month period.
7) Total number of people attending the event must not exceed 1,000 at
any time.
8) Must not involve the selling of liquor.
9) Must not involve any permanent or physical change to any land.
10) Lighting must be provided to facilitate the safe movement of patrons,
must not cause glare to adjoining properties and must comply with AS
4282 – 1997, Control of the Obtrusive Effects of Outdoor Lighting.
11) Event (including set up and pack down) must take place only during the
following periods:
a) 7.00am to 10.00pm on Monday, Tuesday, Wednesday, Thursday
Friday or Saturday,
b) 8.00am to 10.00pm on Sunday.
12) Toilet facilities must be available as follows:
a) Female facilities – at least 3 toilets and 1 hand basin,
b) Male facilities – at least 1 toilet, 1m length of urinal troughs and 1
hand basin.
Any event which does not meet the above requirements will continue to
require a Development Application.
This is Page No. 24 of the Environmental Services report submitted to the Ordinary Meeting of
MURRAY RIVER COUNCIL held on Tuesday 21 February 2017 at the Moulamein Bowling Club
Staff advise that there is no definitive land use that relates to or defines an
‘event’ under Council’s Local Environmental Plan and as a result, its recent
position has been to require a development approval to be obtained. It is
emphasised that where a Development Application is not required, staff would
still require a suitable application to be submitted to and be approved by
Council prior to an event being permitted to be carried out on Council owned
and/or managed land.
This approval process will ensure the Applicant has supplied Council with all
required documentation such as insurance, traffic management plans, waste
management plan and similar. Council is then able to issue an approval with
conditions where deemed appropriate.
Strategic Implications
Nil implications
Budgetary Implications
Nil implications
Policy Implications
If implemented this will result in a new Policy for Council implementation.
Legislative Implications
Nil implications
Risk Assessment
What can happen?
Event occurs without an approval or event does not proceed.
How can it happen?
Requirements too stringent, difficult or costly for event organisers to
implement as they are usually community based.
What are the consequences of the event happening?
Loss of income, community development and illegal activity.
What is the likelihood of the event happening?
Low to medium.
Adequacy of existing controls?
Nil
Treatment options to mitigate the risk?
Develop and implement a Policy that streamlines the approval process and
also makes it easier for any potential applicants.
Conclusion
The proposed Events Policy will allow Council to easily assess what permits
are required for proposed events and will help streamline approval processes
to benefit both staff and the community.
This is Page No. 25 of the Environmental Services report submitted to the Ordinary Meeting of
MURRAY RIVER COUNCIL held on Tuesday 21 February 2017 at the Moulamein Bowling Club