Last Thursday Nancy Cheetham and husband Jan, of Murrays Flat, lost a NSW Supreme Court appeal against a Land and Environment Court ruling last July that Goulburn Mulwaree Council had not erred in planning law by approving the complex.

The Supreme Court action was the Cheethams’ third appeal against the facility in various jurisdictions over two years.

“We absolutely regret bringing the case. We won’t be going (appealing) any further,” Mrs Cheetham said on Tuesday.

The Supreme Court also ordered that the couple pay the legal costs of the proponent, Goulburn Motorcycle Club and that of its consultant, Spacelab.

The couple objected to the Club’s planned 1.8km long track off Sydney Road, next to the speedway. Residents were also vocal about potential noise and amenity impacts but only one, the late Carl Koper, mounted the case in the Land and Environment Court. The Cheethams took over the case after he passed away.

Mrs Cheetham said she took heart that a dissenting judge in the Supreme Court action found that the Land and Environment Court Commissioner had not addressed the central question of whether the track was a prohibited development. Justice John Basten recommended the earlier consent be ruled invalid and the Cheethams be reimbursed legal costs.

But he was overruled by a majority, with Justices Ruth McColl and Ronald Sackville dismissing the case and awarding costs to the Club and Spacelab.

Club president Richard Toparis said he and members were relieved by the decision. He told The Post the club had spent more than $50,000 in legal costs.

“This is the third time we’ve won in court but we’re only receiving costs for the latest case. That doesn’t seem fair to me,” he said.

“...The club clearly doesn’t need to go to court three times. It was a major cost with barristers, solicitors and associated legal fees and the money could have been used on facilities and other equipment.”

Mr Toparis said the long-running legal battle had settled the matter.

“Surely now they (Jan and Nancy Cheetham) must understand that if the council can approve it twice and the Land and Environment Court rules in its favour twice, it must put it to bed,” he said.

The Club has been holding fundraising days to help with legal costs. Mr Toparis praised the “die-hard members who had persisted and followed the court cases, saying it was a credit to them.

“I think there are only good things ahead,” he said.

Now they hope to start work as soon as possible.

He and several members met with Goulburn Mulwaree Council this week to check that an earlier issued construction certificate was still valid. Planning staff will review this and if all is in order, the Club will press ahead.

Under consent conditions, the facility can operate on 36 days in the first year and 108, or 90 days equivalent, in subsequent years, subject to compliance. Mr Toparis told a council meeting last year that it was unlikely the 108 days would be fully utilised, given members’ work commitments.

“I think people need to take stock and appreciate what the club can offer and that it can be good for the community,” he said.

“It will cater for our talented young children. I’d like to personally invite those people who objected to come and see how it operates.”

Mr Toparis said members were excited by the case outcome and “chomping at the bit” to start work.