Guidelines for Dance Parties - Division of Local Government - NSW ...

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Guidelines for Dance PartiesAPPROVALS REQUIRED UNDER THE ENVIRONMENTALPLANNING AND ASSESSMENT ACTPlanning for public events is regulated by the Environmental Planning and Assessment Act(EP&A Act). The information on planning approvals in these Guidelines is a broad outline ofthe position in the 177 Councils in NSW. Planning controls vary from Council to Council, so itis strongly recommended that you contact each relevant Council for details of their specificplanning requirements.Dance parties may need a Development Application (DA) depending on their size, locationand duration, and whether any building work is proposed (eg., the installation of a stage).It is recommended that promoters seek advice from the local Council or their own expertplanning adviser.The ideal location for a dance party is where:◆◆◆◆◆◆zoning allows a dance party to be held in the areathe venue does not adversely affect residential areasthe premises provide safe accommodation for patrons during the eventpublic transport is availablethere is easy access to and from the venue for emergency service vehiclesparking and noise will have limited impact on surrounding uses and the general public.The Planning Situation◆◆◆◆Planning ‘instruments’ such as Local Environmental Plans (LEPs) determine whetherdevelopment consent is or is not needed, or if the use is a prohibited activity in that area.Each local Council area has its own planning instruments.Promoters need to examine the planning instruments of the local Council area where theyintend to stage the dance party. Dance parties may be held in venues defined in the instrumentby terms such as ‘places of assembly’, ‘recreation facility’, ‘entertainment facility’.LEPs and the types of zones where dance parties are permitted vary between Councils.Councils may also have development control plans and policies about holding dance parties.Where a Dance Party can be held without developmentconsent◆◆You may still need other forms of approval under the LG Act.Part 5 of the EP&A Act may also apply. The authority giving approval (usually Council)must decide if the dance party could have any major environmental impact (s.111 of theEP&A Act).27
Guidelines for Dance PartiesWhere a Dance Party can be held with development consent◆◆◆◆◆You may still need other forms of approval under the LG Act.Promoters must lodge a Development Application (DA) with Council.Council has 40 days to decide on the application, otherwise it is considered to be refused.Councils can continue to deal with applications after 40 days, but the promoters have aright of appeal to the Land and Environment Court. The earlier the application is made toCouncil the better. Putting the application in 80 days before the event is recommended.Council will consider the proposal according to section 79C of the EP&A Act. In particular,DAs should refer to the position of the stage and speakers, existing and proposed soundproofing, use of automatic cut out systems set for particular noise levels, which doors/windows will be used for access, and the closeness of neighbours (for noise).Council can impose conditions of consent. These may specify hours of operation, parkingarrangements, and address any matters of environmental concern, especially noise levelsand noise control.Where a Dance Party cannot be heldIf the zoning prohibits activities such as dance parties in the area, then the party cannot takeplace in that venue.APPROVALS REQUIRED UNDER THE LOCAL GOVERNMENT ACT1993 (LG ACT)The most important approvals under Section 68 of the LG Act are:◆◆◆use of a building or temporary structure as a place of public entertainment, or permit itsuse as a place of public entertainment - A3 Approvalinstall a temporary structure on land - A2 Approvalcarry out an activity on community land - part D of the table in section 68 of the ActDance parties are considered to be “public entertainment”. The use of the building or atemporary structure for public entertainment requires an A3 Approval. “Public entertainment”is where people pay money, or other consideration, to gain admission to the event (even ifonly some people are charged). A “consideration” includes a charge for a meal or otherrefreshment. However, in the case of premises licensed under the Liquor Act or RegisteredClubs Act, even “free” entertainment requires an approval. If a “temporary structure”, suchas a circus tent or marquee is used, then an A2 Approval (install a temporary structure onland) is also required.For A3 Approvals to use an existing building as a place of public entertainment, certain clausesof the Local Government (Approvals) Regulation allow Councils the option to decide to vary orlower the standards from those expected of new buildings.28
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