Murrays Flat residents Jan and Nancy Cheetham are challenging Council and Goulburn Motorcycle Club in the NSW Land and Environment Court over the track’s August, 2013 approval.

Both sides argued their case in a two-day hearing before the court last week.

Judge Tim Moore told parties he could take up to six weeks to hand down his finding.

The Cheethams argue the RU 6 transition zoning is not appropriate for the motorcycling track, off Sydney Rd, next to Goulburn Speedway. Secondly, they maintain the development should have been assessed as a ‘major recreational facility,’ which is prohibited in the zone. In contrast the proponents argued it was a recreational (outdoor) development, which was permitted in the zone.

Last week’s hearing is another chapter in a long-running battle over the track.

The Club lodged the DA in the hope of finding a permanent home after a 20-year search.

It includes construction of a motorcycle track, an access road and car parking, a clubhouse, other amenities and a helipad for emergency landings.

The Club has approval to operate 108 days a year but at this stage doesn’t anticipate using all of these.

The Cheethams were among scores of objectors on the basis of noise and amenity impacts. But the Club won just as many supporters, saying the complex would be a valuable addition for junior and other competitions.

The development has already been the subject of two Land and Environment Court appeals. The Club has amended and re-lodged its DA in response, with the last approval granted in August, 2015. In February, the council also confirmed the number of operating days amid resident claims of “DA creep.”

Club president Richard Toparis told the Post the current case is costing valuable time and money.

He said the Club paid $10,000 to employ a barrister over two days last week. All up it had forked out over $30,000.

“We don’t have a facility operating so our only source of income is our Amcross event each year,” he said.

“We staged that at Divall’s property (Narambulla) six weeks ago and instead of putting money from that back into the club, it went into paying barristers to help defend this decision.

“We are a non-for-profit club and it’s not the most desirable thing to be spending our money on.”

Mr Toparis argued the Sydney Rd site was an ideal environment for the facility, with the speedway adjoining, as well as an inbuilt buffer zone to mitigate noise, Crown land nearby and the hilly terrain.

“Almost all towns have a facility like this available,” he said.

“Councils normally provide them but we’ve taken the initiative and done everything so it complies.”

He rejected the Cheetham’s claim it was a major recreational facility, saying less than 100 people would be using it on any one day and fewer than 200 during competitions.

Mr Toparis said the most disappointing aspect was that while some people were concerned about noise, they should understand it was not 24 hours a day, seven days a week.

“We live in the community too. It’s a two-way street,” he said.

But Mrs Cheetham stood by her claims that it was a major recreational facility. She and her husband continued the case after the original complainant, Karl Koper passed away.

“We argued that from day one,” she said.

“...We think the NSW Department of Planning should have made the decision and this shouldn’t have had to go to court.

“It’s important beacuse if it goes ahead, the track will become a target for more people to ride their motorbikes and it will just develop further.”

Meantime, another case involving Council was back in the Land and Environment Court on Friday.

The Al Mabarrat Benevolent Society is challenging Council’s December, 2015 refusal of its proposed Islamic Cemetery at Marulan.

The matter was listed for case management in the court on Friday and set down for hearing over four days from November 7 in Sydney. The matter begins with an onsite inspection at Marulan.