Muso/entrepreneur Tim Freedman allowed to rock on with Byron Bay wedding reception venue plans

The rock musician-turned-entrepreneur Tim Freedman has won legal proceedings seeking to thwart his near-beachfront Broken Head, Byron Bay retreat operating as a wedding reception venue.

His neighbours lost their case in the Land & Environment Court, having hoped for an order for Freedman to cease use of the property as a place of assembly. The judgement was given last month.

Freedman, the singer with ARIA-winning band The Whitlams, paid $2.8 million in 2009 for the 1.1-hectare holding in the upmarket bushland Pavilions Estate at Broken Head.

His property, Barefoot at Broken Head, is a sprawling luxury house next to Broken Head Beach.

With its rainforest setting and a modern Balinese feel, the beachfront location is a one-minute walk over a private path through the sand dunes to the sand.

Barefoot at Broken Head is marketed as having approval for just 14 weddings a year.

The whole house costs between $1,400 and $2,200 per day, with weekly rates from $7,500 to $15,000, accommodating up to 12 people.

Tucked away adjoining a beachfront bushland reserve, it's one of seven in the Pavilions development by Mathew Macpherson and three partners. It comes complete with interconnected pavilions, one each dedicated to living, dining, entertaining and sleeping.

The neighbours’ complaints mostly relate to excessive noise, litter, traffic, access and parking problems, but Freedman’s lawyer, Wroth Wall, argued the property was zoned T2, for tourist use, and that weddings and other functions fell within that category.

The neighbours who lodged the proceedings were Richard Ridge and Terrence and Helen O'Reilly.

After the council received several complaints in relation to weddings occurring at the Pavilions development, it served a noise abatement direction on Freedman in late 2010 and then an order to cease use of the property as a place of assembly.

As Property Observer noted last June Freedman had lodged a development application to use his premises as a place of assembly on nominated conditions.

It was approved in March this year by the council.

With weddings booked six to 12 months in advance, Whitlam envisaged all possibly affected neighbours could be apprised of the schedule if they sought to avoid the weekends with the noisy guests. No live amplified music or DJs are permitted under the approved conditions. All functions must cease at 9 pm.