Locals Lose Battle Against Luna Park
Posted: Sun Feb 08, 2009 1:10 pm
Locals lose battle against Luna Park
From Sydney Morning Herald website
February 6, 2009 - 8:39PM
Attempts by a group of Sydney residents to shut down noisy rides at nearby Luna Park have failed in the NSW Supreme Court.
The Lavender Bay residents had taken the amusement park operator to court, trying to have rides like the Ranger shut down and moved to another part of the site.
They said the rides' noise levels and the screaming thrill-seekers had made life unbearable since the park reopened in 2004.
But in a judgment handed down in the NSW Supreme Court today, Justice Paul Brereton dismissed claims the rides contravened a 1998 Plan of Management for the site or, therefore, the Crown Lands Act.
He also dismissed claims the park operator, Luna Park Sydney (LPS), and its parent company Metro Edgley had engaged in misleading and deceptive conduct.
The residents said they were led to believe the rides would not be located at the northern extension of the park.
"The 2001 DA (development application) and 2002 DA were not misleading or deceptive," Justice Brereton said.
LPS managing director Peter Hearne welcomed the court's decision, saying the amusement park was part of Sydney's heritage.
"It is unreasonable for people to move next door to a legally operating fun park and expect to change the way it operates," he said.
"The fact of the matter is Luna Park makes less noise than previous fun parks on the site and less noise than we ever said we would."
Mr Hearne said LPS had spent millions defending the action, and would apply for costs.
From Sydney Morning Herald website
February 6, 2009 - 8:39PM
Attempts by a group of Sydney residents to shut down noisy rides at nearby Luna Park have failed in the NSW Supreme Court.
The Lavender Bay residents had taken the amusement park operator to court, trying to have rides like the Ranger shut down and moved to another part of the site.
They said the rides' noise levels and the screaming thrill-seekers had made life unbearable since the park reopened in 2004.
But in a judgment handed down in the NSW Supreme Court today, Justice Paul Brereton dismissed claims the rides contravened a 1998 Plan of Management for the site or, therefore, the Crown Lands Act.
He also dismissed claims the park operator, Luna Park Sydney (LPS), and its parent company Metro Edgley had engaged in misleading and deceptive conduct.
The residents said they were led to believe the rides would not be located at the northern extension of the park.
"The 2001 DA (development application) and 2002 DA were not misleading or deceptive," Justice Brereton said.
LPS managing director Peter Hearne welcomed the court's decision, saying the amusement park was part of Sydney's heritage.
"It is unreasonable for people to move next door to a legally operating fun park and expect to change the way it operates," he said.
"The fact of the matter is Luna Park makes less noise than previous fun parks on the site and less noise than we ever said we would."
Mr Hearne said LPS had spent millions defending the action, and would apply for costs.
