The Kentish Council has clipped the wings of Eagle Nest Retreat's application to use its barn for concerts, events and celebration of life ceremonies, with fears the development could have a detrimental effect on a neighbouring dairy farm.
The council moved against the recommendation to conditionally approve the change of use to the luxury accommodation's color bond shed for reasons including late night functions causing interruptions to farmers sleeping patterns, animal welfare issues, potential for visitors to bring in weeds and the smell when effluent is distributed on adjoining paddocks.
The decision was made during the Kentish Council's July meeting.
The proposal was to host a number of social and cultural events with a maximum capacity of 200 people in the shed located on the property.
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The application had been submitted retrospectively.
Planning officer Troy McCarthy said it was his opinion that the recommendation was approved on condition.
"I think that it does make reasonable effort to minimise the likelihood of constraint on adjacent properties," Mr McCarthy said.
He said the orientation of the barn meant the building would act as a noise buffer.
Mr McCarthy said a condition for additional vegetation barriers would create a further buffer for adjacent properties.
"When we're looking at applications, I need to be informed about what has occurred around the state."
He said the condition of additional vegetation had been used elsewhere when there was potential conflict between rural zones.
Councillor Phillip Richards moved the motion against the planners recommendations.
"I believe it's going to have a detrimental effect to the adjacent land, particularly the dairy farm that operates next door," Cr Richards said.
The motion was moved on the grounds of constraint or interference to existing and potential primary industry use on the site and on adjacent land.
Seven councillors voted for the motion to refuse the proposal.
Councillor Rodney Blenkhorn voted against the motion.
Mayor Tim Wilson had declared an interest in the item and had left the meeting prior to the discussion.
Eagles Nest Retreat owner Des Brown said with a setback, there's always a comeback.
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