Neighbours suing Luna Park for $20m

Luna Park Sydney, New South Wales, Australia
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Zamperla
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Neighbours suing Luna Park for $20m

Post by Zamperla »

Neighbours suing Luna Park for $20m
Leonie Lamont
June 11, 2007, Sydney Morning Herald

Some of Luna Park's neighbours are suing it for more than $20 million in damages, claiming misleading and deceptive conduct by the park's operators.

The figures emerged last week as seven residents, and the millionaire property developers Stanley and John Roth, began their case against Luna Park Sydney and Metro Edgley in the NSW Supreme Court.

Outside the court, the solicitor Peter Wise said his clients had been assured that there would be a children's playground located to the north of Coney Island, which was below their properties.

Instead, screaming patrons on "thrill rides" such as the Ranger and the Spider became their constant companion on the site when the park reopened in April 2004. As well as compensation, the neighbours are seeking a permanent ban on the thrill rides.

The case is being fought principally under the Trade Practices Act, after the State Government legislated to stop noise nuisance cases being brought against the theme park, if it operated within its development consent guidelines. Under the consent, the noise levels must not surpass 85 decibels.

The damages sought by the residents range from $100,000 to $550,000, but the biggest damages claim - $20 million - is from the company Glen Eight. The company, owned by the Roth brothers along with their business partner, the architect George Revay, redeveloped the old Yellow Pages House office building as residential units.

They say they would have kept it as a commercial building had they known the thrill rides would be on their doorstep. The case pits developer against developer, as Metro Edgley is owned by Multiplex.

Giving evidence, a former resident, Michael Hesse, said he and his wife required that there would be no impact of Luna Park when they decided to make an offer on their $1.55 million unit. The children's playground area was in the 2001 development application on display at North Sydney Council, which was lodged before they exchanged contracts.

The hearing continues.
princess
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Post by princess »

When will these people use their common sense, it was always there, hopefully it always will be, its like buying a house next to and airport or Lucas Heights, you cannot complain, they knew it was there. :evil:
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Mattie
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Post by Mattie »

Wont people ever cut Luna Park a break? When you really look at the years and years of issues they have had, the Park must be about ready to give up. It seems they can never do anything right.

Like Princess said, the Park was there first. Perhaps they should get rid of it and let it become a place for vandalism, riots and gang wars. Then lets see what the residents have to say.

Some people just need a reality check!!
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benclare
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Post by benclare »

If the residents are successful in getting rid of LPS, it will almost certainly become another residential tower or office block, even though the land isn't zoned for it at the moment. Luna Park should definitely stay open in my opinion but it's only the functions that people hold there that are really keeping it going. The rides, although in good condition are fairly second rate and I think it is already attracting some of the people Matty referred to. That said, I love Luna Park and always look forward to going there and taking in the electric atmosphere from the Ferris Wheel, Wild Mouse and other priceless attractions.
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Post by crazyboi »

I'm so sick of people using the "the park was there first" argument. It's unoriginal and in this case inaccurate. If you actually knew the facts you would see that the residents are not suing the main part of Luna Park itself. They are suing because of the rides in the area behind Coney Island, an area that was NEVER part of the original Luna Park. So in this case it is actually the residents who were there first before this part of Luna Park. Imagine having a ride like the Ranger or Spider stuck in front of your house if you were only told it was going to be a childrens playground. The area in question (Maloney's Corner) is so terrible and temporary looking, I don't know why Luna Park keeps fighting to keep it as a ride area. The rides should have been contained to the main part of the fun park as they always were before. The current owners just wanted to fit in more function spaces. With a bit of creative thinking they could easily relocate the Ranger and Spider (although I personally think they should just dump them)
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Post by princess »

Crazyboi, you have a point, but, it is not the look of these rides, it is mainly the noise of these rides that are the issue, I dont think moving them a couple of metres is going to fix the noise problem, or for that matter the sight problem, no matter where the newer area is, it is not that area that will be affected it will be all of Luna Park, that is the main target, but you are definitely right about the so called "childrens area".

Funny, talk about one man's pleasure to one man's evil, there are some around here that would love to lie back in bed and watch these rides going around. lol :shock: :D
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Zamperla
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Post by Zamperla »

Perhaps in hindsight the residents would've been happier of the original metal Big Dipper was still occupying that space!
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Post by princess »

lol, Zamperla
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benclare
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Post by benclare »

Personally I think LPS should be relocated entirely, definitely still on the harbourfront but in a larger area; away from houses and where they can operate for longer hours and can expand with new attractions. A possible location could be that new development in East Darling Harbour, that'd be perfect I reckon! It has excellent ferry access and is a huge area. Unfortunately, it's going to be a mixture of office towers and parklands I think.
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Post by princess »

Why not Cockatoo Island, no neighbours, though sound does carry accross water.

I would hate Luna Park to move, you would always look at where it was and know something is missing, it is such a pretty place to gaze at from across the harbour, sorry the residents have to move.
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Post by Paulie123 »

this really makes me angry because they moved in there knowing a themepark was right in front of them and they are complaining about it! lunapark was there way before any of the buildings were built and i hope it stays there. if they have a problem with laughs and screams of joy, get out of there, its your own fault for moving in right behind a themepark. i would love to live there, i would fall asleep to the roars of the ranger. id love it and im sure a few people who live there do love it and would hate to see it torn down. if it is demolished i will probably only get to the eastershow a few times a year and maybe some local carnivals and i think after a while i would lose intrest in rides and i dont want that to happen because of some whining neighbours.
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Post by HUSSRAINBOW »

SUE THEM SUE THEM! and then we might be able to get all our awesome HUSS rides back on the travelling circuit!

haha I WISH!
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Post by Hurricane »

But then again, if they have been tamed down so much. Would we actually still want them? Maybe Russel Watkins should talk to Hoefnagels and buy there Breakdance off them. Maybe he could get a deal because he brought Space Roller ;)
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Jobius
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Post by Jobius »

"SUE THEM SUE THEM! and then we might be able to get all our awesome HUSS rides back on the travelling circuit!"

Sorry if you are serious I find that attitude totally intolerable!! LPS is a very important part of the historical landscape of Australia's amusement history and to see it disrespected so makes me very sad!! As had been stated many times before, LPS has every right to operate as an amusement park given its extensive timeline occupying the same piece of real estate.

And I also feel that the HUSS rides are quite fine where they are-you couldnt ask for a better backdrop to ride one!!!
Keep the rides where they are!!! Bring on Space Roller!!! Bring on new rides!! Long live Luna Park!! May she be there another 75 years for the delight of our children and our children's children!!!

Cheers
Jobius
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