The NSW Land and Environment Court on Wednesday dismissed an appeal by two Goulburn district residents, Jan and Nancy Cheetham, against Goulburn Mulwaree Council’s August 2015 approval of the motorcycling track off Sydney Rd.

The Cheethams mounted the action against Goulburn Motorcycle Club and Council, arguing that the latter had erred in assessing the facility as a recreation facility (outdoor) rather than a major recreational one.

The former is permitted in the RU6 transition zone but the latter is not.

But on Wednesday, Commissioner Tim Moore said “there had been no error on Council’s part in determining the DA.”

“The result is that the appropriate substantive order must be that the summons is dismissed,” he said.

Club president Richard Toparis said he and members were “thrilled” with the court’s “sensible decision.”  

“It has been a nervous wait for our members and the Club owes a debt of gratitude to its many hundreds of supporters,  and in particular the executive members Andrew Rowlands, Mark Herfoss, Mick Jackson and Sam White, who have actively assisted in defending the Club in this matter, “ he said in a statement.

“We are also very grateful to Goulburn Mulwaree Council, in particular Mayor Geoff Kettle and Director (of growth, strategy and culture) Louise Wakefield, for their support over the past year. 

“We’ve also received fantastic advice and assistance beyond the call of duty from local solicitor Jaki Gore; Jaki deserves a statue in her honour for all the tireless work she has put in to assist our club.”

Mr Toparis said the Cheethams’ action had been mentally and financially draining on club members,  all of whom were volunteers “just doing their best to provide a facility for which Goulburn has waited many, many decades.”

“The delay caused to this project was disappointing and completely unnecessary. Some of the Cheethams’ claims made during Council’s DA process were so misinformed and inaccurate, and it was even more disappointing to have further delays and expenses caused by this action taken by them.”

The court has reserved a decision on costs. The Club is expected to claim more than $30,000 in legal expenses. The Council had not responded to questions on regarding its legal costs and possible claims by the time of going to press.

The Cheethams declined to comment about Mr Toparis’s statements, the case outcome, or whether they’d pursue further avenues of appeal.

The couple was among scores of objectors to the facility, adjoining Goulburn Speedway. They were concerned about noise, amenity and environmental impacts.

But potential noise has dominated the debate, with residents arguing a Club commissioned acoustic report was “flawed.”

However, the court case has centred on planning law and whether Council should have assessed the DA as a major outdoor recreation facility.

Judge Moore noted that motorcycle facilities (outdoor) were not specified in the range of permitted developments (with consent) within the RU6 zone.

But he concluded that it could rightly fall into the category of “any other development” not specified within permitted and prohibited projects outlined in the zone.

The RU6 zone is a “transition between rural and other uses of varying intensities or environmental sensitivities.”

Under the LEP, it aims to “minimise conflict between land uses within the zone and those within adjoining zones.”

In short, the Cheethams have argued it’s not the right spot for a motorcycle track. They also maintained there was no defined limit on the number of motorcycle meetings and the crowds they would attract.

Judge Moore agreed this was the case with the original 2013 consent.

But he found that it was defined in the August, 2015 consent and in the Club’s Section 82A application to Council last February to more properly define operating hours and the number of motorcycle meetings.

The Club plans to hold intra-club social and riding practice, up to six daytime club meets annually, a maximum eight twilight club meets and up to two inter-club gatherings per year.

Judge Moore concluded that at most, 600 people would attend the facility twice a year but numbers generally would be “much more modest.”

As such, he found that it was reasonable for Council to decide it wasn’t a major recreational facility and assess it accordingly.

Yesterday Mr Toparis was relieved by the judgment.

 “Finally now we will be able to go ahead and build a family-friendly facility this community will be proud of, something that will provide a safe supportive venue for local enthusiasts, both young and old, to practice and compete, but also a local sporting facility which will create a new attraction to bring more visitors, competitors and their families to Goulburn, bringing with them a much-needed spending injection to our city,” he said.

Mr Toparis said the permanent home would save hundreds of volunteer hours devoted to setting up and packing down temporary venues made available by the Divall and Herfoss families.

“...Our Club looks forward to finally getting into the construction phase with the aim of having an operational facility in the not too distant future. At least now it can be finished while some of us older members are still young enough to ride on it!”