BAC WMR Holdings Pty Ltd v Goulburn Mulwaree Council [2022] NSWLEC 1321

Land and Environment Court New South Wales

Medium Neutral Citation: BAC WMR Holdings Pty Ltd v Goulburn Mulwaree Council [2022] NSWLEC 1321 Hearing dates: 8-10 March 2022 Date of orders: 13 July 2022 Decision date: 13 July 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA/0117/2021, for the use of the site for motorsport activities, demolition of existing pit lane building and associated structures, construction of a new pit lane building consisting of 14 additional garages, function space, terrace, race control and commentary boxes and ambulance and emergency response vehicle parking, construction and use of new off-road experience area, use of visitor accommodation facilities and for short-term camping, general purpose markets, signage and water management infrastructure at Lot 1 in DP 832905, otherwise known as 4770 Braidwood Road, Tirrannaville is determined by the grant of consent, subject to those conditions contained at Annexure A. (3) All Exhibits are returned, except for Exhibits 1, 4 and 10. Catchwords: DEVELOPMENT APPLICATION – appeal against the conditions of consent acoustic impacts on neighbouring properties – economic and social impact – motorsport activities Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7 Goulburn Mulwaree Local Environmental Plan 2009, cll 1.2, 5.10, Sch 5 Land and Environment Court Act 1979, s 34 Protection of the Environment Operations Act 1997, s 96 State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Cases Cited: Ardill Payne & Partners v Tweed Shire Council [2021] NSWLEC 1682 BAC WMR Holdings Pty Ltd v Goulburn Mulwaree Council [2020] NSWLEC 1010 Ireland v Cessnock City Council (1999) 110 LGERA 311; [1999] NSWLEC 250 Ladehai Pty Ltd v Tweed Shire Council [2018] NSWLEC 1016 Lee v Randwick City Council [2021] NSWLEC 1200 McCuskey v Upper Lachlan Shire Council [2016] NSWLEC 1323 Nalor Pty Ltd v Bankstown City Council [1980] 2 NSWLR 630 Nessdee Pty Limited v Orange City Council [2017] NSWLEC 158 Ryde Municipal Council v The Royal Ryde Homes [1970] 1 NSWR 277; (1970) 19 LGRA 321 Sofi v Wollondilly Shire Council [1975] 2 NSWLR 614 Telstra Corp Ltd v Hornsby Shire Council (2006) 67 NSWLR 256; [2006] NSWLEC 133 Texts Cited: Goulburn Mulwaree Development Control Plan 2009 Noise Guide for Local Government, NSW Environment Protection Authority, May 2013 Noise Policy for Industry, NSW Environment Protection Authority, October 2017 Category: Principal judgment Parties: BAC WMR Holdings Pty Ltd (Applicant) Goulburn Mulwaree Council (Respondent) Representation: Counsel: N Eastman (Applicant) M Wright SC (Respondent)