RELATED CONTENT:
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The NSW Supreme Court has dismissed two residents’ appeal against the approval of a motorcycle track in Goulburn.
Justices Ronald Sackville, Ruth McColl and John Basten handed down the judgement on Thursday.
Murrays Flat residents Jan and Nancy Cheetham were appealing a July, 2016 NSW Land and Environment Court decision to dismiss their appeal over Goulburn Mulwaree Council’s August, 2015 approval of the facility. The court at that time reserved a decision on costs.
The Club wants to build the track off Sydney Road, near the speedway, to ride and race motorbikes. It has been seeking a permanent home for more than 20 years.
The Cheethams argued from the beginning that the council had erred in planning law, assessing it as a recreation facility (outdoor) rather than as a major recreational one. The latter is prohibited in the RU2 transition zone, in which the land falls. The case went to the scale of motorcycling activities.
The matter has been before the court since 2015. But on Thursday, two out of three judges dismissed the Cheetham’s Supreme Court appeal.
The judgement stated that while there was some looseness in consent conditions, a site plan submitted with the development application removed any doubt.
“The site plan strongly suggests that the consent does not authorise motorcycle activities on the land that will attract large numbers,” the document stated.
“The consent permits the construction of only one building on the land that might cater for the needs of participants or spectators attending the facility. (It) does not incorporate permanent structures that are characteristic of theme parks, sports stadiums, showgrounds or racecourses that attract members of the public in large numbers.”
The court also ordered that the Cheethams pay the Club’s costs and those of its consultants, Spacelab.
Justices McColl and Sackville agreed that in July, 2016 the Land and Environment Court appeal judge, John Moore, had not specifically addressed the question of whether the motorcycle track was a prohibited use.
“...Rather, (he) addressed the different question, namely, whether the decision of the council was afflicted by any legal error,” Justice Basten said.
Justice Basten maintained that the track would be used for “large scale sporting or recreation activities, would attract large numbers and on a periodic or regular basis.” These three aspects satisfied the definition of a major outdoor recreation facility, he argued.
He recommended that the Land and Environment Court’s judgment be set aside, the 2015 council consent be ruled invalid and that the Motorcycle Club and Spacelab pay the Cheetham’s appeal costs. Further, the council’s liability should be limited to 75 per cent of these expenses.
However, in a two to one majority, the court ruled the Supreme Court appeal be dismissed.
A club representative and the Cheethams are yet to comment on the judgement.