RESIDENTS have accused a local motorcycle club of "DA creep" in its bid to redefine operating times at a recently approved track.
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The Goulburn Motorcycle Club will triple its permitted operating days to 108 annually, making life "intolerable," objectors say.
But the club and a majority of councillors argue it's no such thing; that the move is simply tightening up a previously open consent condition that had put no limit on operating days beyond the first year.
On Tuesday, councillors decided eight votes to one to approve the change. It followed the club's request for a review of its development application.
The council had unanimously approved the club's track off Sydney Rd last August, ending its 20-year search for a permanent home.
But it also came amid scores of complaints about potential noise and amenity impacts, and the quality of a noise study the club commissioned.
In response, planners limited operating days in the first year to 36, restricted to Thursday to Sunday, 9am to 5pm; one additional weekday meeting to a maximum of eight annually; and a maximum of eight twilight meetings a year.
Moreover, the club had to demonstrate compliance with noise limits and other conditions.
"In subsequent years, the consent relies on the noise management plan to set the maximum operating days per year," the council's growth, strategy and culture director, Louise Wakefield, reported to Tuesday's meeting. "The noise management plan is required to be updated based on the noise monitoring outcomes and approved by Council."
Last December, the club requested a review of the council's August determination.
"We are unclear about condition number two and in response to community concerns about the operating days and times, we are seeking Council's consideration of amending condition two to include the maximum limits for operating within the first year, and in addition to provide maximum limitations for subsequent years," the club's letter stated.
It proposed 36 operating days in the first year and 108, or 90 days equivalent, in subsequent years, subject to compliance.
President Richard Toparis said the club always understood the first year was a trial, but ensuing operations were "a grey area" in the consent.
"We could have potentially operated for 208 days so this was about clarifying things and giving the residents and the club certainty," he said after the meeting. "... I thought tonight went very well. We've actually given up about 100 days of use; we're not tripling things."
Residents didn't quite see it the same way. Gorman Rd man Doug Rawlinson said the original DA had been passed with "obvious flaws," including "no proper noise assessment".
"Now ... the proponents want to enlarge it to a size and scope that I believe is well and truly outside the original DA," he wrote. "This DA creep is happening before the first sod of soil has been turned."
Sydney Rd residents Colin and Belinda Eggins said to triple race times was "totally out of control".
The amendment attracted 10 objections, many of them questioning the original noise assessment's credibility.
'Stretching the friendship'
Cr Robin Saville told Tuesday's meeting the application was "stretching the friendship with the community by tripling the number of allowable race days".
He argued the club had not yet demonstrated compliance with the noise restrictions and the application should wait a year.
"There are two questions councillors should consider," Cr Saville said. "Can it be done? And should it be done? The director of planning says it can be done. The club has taken legal advice, I guess, that it should lock in the days, but there is in my view a moral obligation on the club to be a good neighbour because there is considerable concern in the community about the noise. As I said before, the club has had a big win in this DA approval and must now demonstrate it is a good community citizen."
He voted against the amendment.
However, Deputy Mayor Bob Kirk clarified with Mrs Wakefield that it was not in fact a tripling, but simply imposing a previously undetermined cap on race days for subsequent years.
After the meeting, Mr Toparis said the clarity would assist the club's forward planning, but he didn't anticipate using the full 108 days given members' work commitments and the need to fully supervise activities.
The club must now also keep a log of all activities on the site, not just motorcycle-related noise.