Tim Freedman, singer and keyboardist with the band The Whitlams, is involved in a prolonged battle with Byron Shire Council over use of his Broken Head property.
Tim Freedman, singer and keyboardist with the band The Whitlams, is involved in a prolonged battle with Byron Shire Council over use of his Broken Head property. Supplied

Song and dance over muso's DA

ROCK musician and entrepreneur Tim Freedman is battling Byron Shire Council over the use of a building he owns in the upmarket Pavilions Estate at Broken Head.

Mr Freedman, the singer and keyboardist with ARIA-winning band The Whitlams, is seeking approval to use his pavilion to host wedding receptions and other events.

He has a development application before the council requesting permission to hold up to 35 functions a year with a maximum of 70 guests.

The application proposes that the functions would stop at 10pm, with all live acoustic music to finish by 8.30pm.

More than a dozen neighbours in the vicinity maintain the use of the pavilion for weddings would lead to excessive noise, litter, traffic, access and parking problems.

One man, Wayne Lazarus, said neighbours already had drunken guests “trespassing onto our and neighbours’ property and causing disturbance and destructive damage”.

The delicate ecology of the area was grounds for objection for Peter Parker, who said the Beach Rd site was home to a broad range of fauna, many of which would be affected adversely “by the light, noise and impact by vehicle strikes”.

Mr Freedman’s case centres on the fact that the area is zoned T2, for tourist use, and that weddings and other functions fall within that category.

His lawyer, Wroth Wall, said the proposal was also based upon existing practice – the holding of small gatherings, for which guests were bussed in.

The application is the latest step in a prolonged tussle between Mr Freedman and Byron Shire over the property, which is already used a venue for social events.

Mr Freedman, who is based in Sydney, has been ordered several times by the council to “cease using the premises as a place of assembly”.

After the last order, Mr Freedman took the matter to the Land and Environment Court. The case has been adjourned until a decision is reached on the DA.

Councillors have received confidential legal advice on the case and council staff will recommend they seek a further adjournment in the court.



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