Cheetham and Anor v Goulburn Motorcycle Club Incorporated and Ors [2016] NSWLEC 80

Land and Environment Court New South Wales

Medium Neutral Citation: Cheetham and Anor v Goulburn Motorcycle Club Incorporated and Ors [2016] NSWLEC 80 Hearing dates: 22 and 23 June 2016 Date of orders: 06 July 2016 Decision date: 06 July 2016 Jurisdiction: Class 4 Before: Moore J Decision: See orders at [87] Catchwords: JUDICIAL REVIEW – challenge to development consent for motorcycle racing facility – characterisation of proposed facility – council characterised the proposal as recreation facility (outdoor) – contention that the proposal should be characterised as recreation facility (major) – development for a recreation facility (major) prohibited in the zone where site located – interpretation of definition of recreation facility (major) – proposal correctly characterised by the council – development permissible – summons dismissed PROCEDURE – issue of whether applicants needed extension of time to commence proceedings – not necessary to determine if extension required given failure on sole substantive issue in the proceedings Legislation Cited: Environmental Planning and Assessment Act 1979 Goulburn Mulwaree Local Environmental Plan 2009 Goulburn Mulwaree s 94 Development Contributions Plan 2009 Cases Cited: Gardner v R [2003] NSWCCA 199 Levenstrath Community Association Inc v Tomies Timber & Anor [2000] NSWLEC 95; 108 LGERA 176 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Project Blue Sky Inc and Ors v Australian Broadcasting Authority (1998) HCA 28; 194 CLR 355 Roden v Bandora Holdings Pty Ltd [2015] NSWLEC 191 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1998] 1 KB 223 Category: Principal judgment Parties: Nancy Cheetham (First Applicant) Jan Cheetham (Second Applicant) Goulburn Motorcycle Club (First Respondent) Spacelab Studios Pty Ltd (Second Respondent) Goulburn Mulwaree Council (Third Respondent) Representation: Counsel: Mr P Larkin SC/Ms N Hammond, barrister (First and Second Applicants) Mr R Gration, barrister (First and Second Respondents) Mr J Lazarus, barrister (Third Respondent)