Goulburn Mulwaree Council aims for compromise on Wakefield Park dispute

The news came as data revealed the Braidwood Road raceway exceeded its noise limits on 50 occasions late last year and 10 times in January.

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Goulburn Mulwaree Council general manager Warwick Bennett told a meeting on Tuesday that even if the council, residents and raceway management reached middle ground over noise limits, the legal action would proceed.

"The bottom line is if there is a compromise, the court still has to make that determination," he said.

"The only way (court action could be avoided) is if Wakefield Park surrender their development application or there's a variation to the (council) decision."

Wakefield Park is challenging the council over consent conditions handed down last July. The Braidwood Road raceway had earlier lodged a DA aimed at modernising infrastructure, increasing the range of offerings but also implementing a noise regime. Previously, it had relied on a 1993 consent which residents claimed the facility was 'continually' breaching in regard to noise.

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A hearing is set down in the NSW Land and Environment Court on March 8, 9 and 10. It followed failure to reach resolution between the parties on appropriate noise limits.

But on Tuesday, with a new council in place, councillors unanimously decided to arrange separate "without prejudice" meetings with Wakefield Park management. These would seek alternate approval conditions for further discussion with residents.

It followed a notice of motion by Cr Jason Shepherd aimed at heading off legal action. It called for talks between the parties but Cr Bob Kirk successfully amended this, arguing Wakefield Park should be approached for a 'prescriptive' set of conditions that could be put to objectors as a starting point.

"It's a case of what comes first, the chicken or the egg," he said.

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Cr Shepherd said the talks would also inform new councillors.

"There have been a lot of meetings and it's very important we get our heads around the issues and meet at a half-way point," he said.

"...In terms of transparency we don't want to be seen to be favouring one (party) over another. The whole idea is to get people's feelings, come back and talk to the general manager about a direction. Hopefully we can get a compromise."

The operators say the council's July consent conditions, which in part restrict noise to 95 decibels (averaged over 15 minutes) to 30 days, will render the raceway 'unviable.' Lower noise categories ranging from 75dBA to 85 dBA would apply for the rest of the year, except Christmas Day and Good Friday.

But Wakefield Park wants up to 75 days a year of noise up to 95 dBA, and the remaining days ranging from 75 dBA to 85 dBA. It has diversified its activities in recent years in response to noise complaints but residents have reported ongoing alleged breaches.

Readings supplied by Wakefield Park to the council showed exceedances ranging from 98.3dBA to 100.9dBA from November 4 to 28, 2021. Eighteen exceedances occurred on November 4.

In January, there were 10 exceedances on two days, peaking at 95.8dBA.

The Post has sought comment from Wakefield Park on this and the council decision.

Cr Michael Prevedello told Tuesday's meeting that residents had to be involved in discussions.

"It's a two-way street...I seriously doubt we can reach compromise but we have to try," he said.

Cr Kirk said nobody wanted to shut down Wakefield Park and he had made this clear to operations manager, Dean Chapman, last November. However he argued the level of use was not the same as in 1993 and noise breaches had occurred. It was now up to Wakefield Park to seek a review of the council's July decision.

After the meeting, Cr Kirk said the talks would inform new councillors but despite "many opportunities to date," raceway management had not put anything forward.

"This opens the door and if can be improved, fine, but just remember who started this argument; it wasn't us," he said.

"We value it and no one is trying to shut it down, only to formalise the (noise) liberties taken. The residents are entitled to be put out."

A court conciliation in November did not reach resolution. However the Commissioner advised that the council's consent conditions averaging noise over 15 minutes was "not appropriate" and that a maximum instant limit was "a better outcome for neighbouring properties."

Cr Andy Wood told Tuesday's meeting that as the conciliation was mainly focused on experts' arguments over noise monitoring methodology, it possibly wasn't an "effective mechanism."

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He argued the community was dissatisfied with the decision before the recent council election but there was also a level of misunderstanding that required clarification.

"Anything (now) that saves us money and time is something we should be pursuing," he said.

After the meeting, Mayor Peter Walker said there was significant work ahead to reach agreement between all parties.

"But this resolution was passed by the council in good faith, with the ultimate goal of avoiding legal costs if at all possible," he said.

"We will seek to meet with Wakefield Park as soon as possible, with fresh eyes, and look to find an economically viable alternative for the business, which can then be presented to the original submitters for further discussions."

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