Wakefield Park management has branded a court decision over its continued operations as "fundamentally unworkable" and "non-sensical."
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Benalla Auto Group vice-president Bruce Robertson was speaking after a NSW Land and Environment Court decision on Wednesday. While it upheld the company's appeal against Goulburn Mulwaree Council's July, 2021 approval for additions and operations at the Braidwood Road motor-racing facility, the court issued revised consent conditions.
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It allows a maximum 365 events annually. However it dictates that for every 'red category' day, which can't exceed 95 decibels, there will be 11 'respite days'. For amber, or events not exceeding 85 decibels, there must be eight respite days. Under green, restricted to 75 decibels, there would be four respite days.
Further, events creating noise levels more than five decibels louder than the ambient would be subject to a multiplier effect to determine the number of equivalent events that they represent.
The case arose after residents' complaints about noise and claims that Wakefield Park had breached the terms of its original 1993 consent.
Mr Robertson said the company was now considering its legal options and representations to the state government.
"It is an appalling outcome and doesn't pass any test of commonsense or fairness to us or the residents," he said.
"There are residents out there who will lose income through accommodation, as will Goulburn motels and restaurants. Where will they go now?"
He argued the court's conditions were "onerous" and gave the facility far fewer race days than what Benalla had proposed as a compromise. Wakefield had argued for 60 'red' days but consent conditions allowed about thirty.
"So it means that for every two-day race meeting, we have to close for 22 days. Really?" Mr Robertson said.
"...There will be no amber or greens, because if you have 30 reds, which is what we exist for, that takes up the entire year...It is bizarre..."
Meetings like the three-day Superbikes "were gone." A track day this weekend had also been cancelled and Mr Robertson said a track school at the facility would have "no future." Usage by the Australian Federal Police, a car manufacturer that performed testing and other events were also cancelled.
Under the conditions, the court's consent will be triggered once more than four race meetings are held in a month. This number was outlined in the 1993 approval. Benalla's representatives argued this consent allowed other events as well, though not explicitly outlined.
Mr Robertson said the raceway would not trigger the court's approval but would work within "a very narrow band" under the 1993 consent. He feared staff would be lost under the operational regime.
"Whether it stays open is yet to be determined because we don't know what this (ruling) all means," he told The Post.
"...But it's like the little milk bar outback. Old Ma and Pa hang on for as long as they can until they decide they can't keep it open any longer. You would have to be genius to apply this (noise) table."
He rejected suggestions the court action was a "gamble." Rather it was based on the expectation that a current business had a "legal pathway and existing use rights".
The company is weighing up its legal options. It could also lobby the state's sports minister to declare Wakefield Park as a motor-racing precinct. Mr Robertson said it was one of two major circuits in NSW.
"What we put up to the court was what we could afford," he said.
"This development application was also about improving the infrastructure but we've spent half the project cost on legal fees."
Council GM responds
The council will meet with the company next week to determine the "next steps."
Council general manager Aaron Johansson said the organisation had tried for more than a decade to strike a "balanced and fair outcome" for all parties.
"Throughout this period, it has been the council's preference to resolve this matter through mediation, without seeking legal action," he said in a statement.
"While it is regrettable Wakefield Park's operators elected to proceed with an appeal in the Land and Environment Court prior to receiving the council's determination in the matter last year, it was entirely their right to do so.
"It should be noted that the Commissioner's determination has imposed significantly stricter consent conditions than those imposed by the council in July, 2021."
He stressed that, "despite comments to the contrary," the court had imposed the conditions and not the council. Moreover, the Commissioner had found that the council's July, 2021 determination was "generous" compared to the State's noise assessment criteria.
"It has never been Council's desire to see Wakefield Park cease operations; only for the venue to operate within the approved consent conditions. Quite simply, the council wants to see a profitable successful Wakefield Park, with the many positive economic benefits which flow from this.
"However, these must be conducted within the agreed noise levels."
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Louise Thrower
If you have a story to tell, drop me a line at louise.thrower@austcommunitymedia.com.au or call 0418 229 678.
If you have a story to tell, drop me a line at louise.thrower@austcommunitymedia.com.au or call 0418 229 678.
