A battle between neighbours in Currie Rd, Outram, continues.
The Environment Court has allowed a society formed to protect
the amenities of the rural road to make a submission at the
appeal against consent conditions for a wedding venue in the
The owners of Grandview Gardens, Jo and Wayne Lindsay,
applied to the court seeking an order that the Currie Rd
Residents and Friends Society Incorporated not be allowed to
make a submission at the appeal because it had not
established standing to be heard.
The society, whose members include six residents of Currie Rd
and nine other people, was formed last year after the
Lindsays were granted a variation on their consent.
The consent allowed the Lindsays to expand their operation,
although not to the extent they had sought and with several
conditions imposed relating to the use of the road by people
connected to the venue.
The society's stated purpose is to protect the amenity values
of Currie Rd for the residents and their friends and
families, to foster and maintain the rural lifestyle of
Currie Rd and to ensure it remains a tranquil, peaceful
Many of the upset Currie Rd residents who made submissions
opposing the Lindsays' application to vary their consent have
joined the society.
The Lindsays have appealed to the Environment Court over
conditions imposed on the varied consent, saying they are too
Some society members will also make submissions at the appeal
In his decision, which was made on the papers and released on
January 30, Judge Jon Jackson said he allowed the society to
be party to the appeal on the basis that it was a ''person''
who had an interest in the proceedings greater than that of
the general public.
''I consider it is very unlikely that the general public
knows (on average) where Outram is, let alone has an interest
in the amenities of Currie Rd.
''I consider that the society has an interest in, as in a
concern about, the proceeding greater than that of the
general public, and accordingly it had standing to lodge its
section 274 notice.''
All parties are now waiting to hear when an appeal date will
be set, or if mediation will be entered into first.