Two Mates Brewing sentenced for ‘jumping the gun’ on construction
A popular Lismore brewery caught the eye of Lismore City Council when they started construction without approval. Now the matter has been finalised before the courts. See what happened here:
Police & Courts
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Popular Lismore brewers “jumped the gun” in their development, drawing the ire of Lismore City Council, a court has heard.
Two Mates Brewing Pty Ltd pleaded guilty in Lismore Local Court on Monday to carrying out a development not according to consent.
The court heard the Engine St brewery owners proceeded on their artisan food and drink development without provision of a waste management plan approved by council back in April 2021.
After receiving operational consent, the business was required to submit a waste management plan that followed the relevant planning controls to the council.
However, on a July 1 2021 visit to Two Mates Brewing, council officers found a two metre boundary fence and signage erected, brewing vats and holding tanks installed, Magistrate Michael Dakin said.
This was despite a waste management plan not being submitted.
At the time there was also no principal certifying authority, court documents reveal.
This was later amended on August 12 by the company.
The owners of the popular South Lismore brewery were not present in court on Monday but defence solicitor Guy Draper said the offence was of the lowest seriousness.
He said of the 89 conditions within the development approval, his client breached only one.
Mr Draper said it was a technical breach rather than one which violated the business’ surroundings.
“No environmental harm actually occurred here,” he said.
Lismore City Council solicitor Jonathan Marquet disputed the level of harm done.
“There is harm done to the planning system,” he said.
“It is a prevalent offence, to jump the gun effectively, for a variety of reasons.”
Mr Dakin said he was left with the impression Two Mates Brewing Pty Ltd were “inexperienced businesspersons” who lacked experience with development applications.
He noted the “strict” legal requirement that applied to every aspect of a development consent.
Conversely, he acknowledged the benefit of the business to Lismore.
“(It’s) likely to bring employment and other positive values to the Lismore community,” he said.
Mr Dakin convicted and fined Two Mates Brewing Pty Ltd $2000.
Lismore City Council will seek an order for the business to cover its costs totalling $3400 at a later date.
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