Monday, 15 October 2018

Saving Luna Park !

Last July, the Land and Environment Court handed down a ruling that dismayed the operators of Luna Park, situated on the Sydney Harbour shoreline of North Sydney.  This ruling would force Luna Park to under go a complete new development application every time they introduced a new ride or made significant changes to any form of existing amusements.

It was a devastating decision.  Development applications are subject to challenges that usually delay a consent becoming applicable for months - and sometimes years.  Amusement parks are in the business of selling excitement and patrons expect state of the art features to keep pace with the march of electronics and digital improvements to be relevant.   Each year crowds exceeding a million people pour through that smiling face at the entrance and without new rides and constant rejuvenation Luna Park would lose appeal.   In fact, this ruling foretold eventual closure.

What this is all about - is noise  !  Luna Park opened in 1935 and the building of the Sydney Harbour bridge brought a rapid expansion of north Sydney.  The water views attracted high rise apartments and their residents object to the sound of people enjoying themselves and that has developed into a long running battle.   There is constant pressure to force Luna Park to close earlier at night and there was much popping of champagne corks when that court ruling was announced.

The people who bought those high rise apartments did so with the clear knowledge that they were living next to an amusement park - with its inevitable noise.  It is totally unreasonable to expect a viable business to change its operations and become unviable when noise reduction is in their own hands.  Installing insulation and double glazed windows will curtail this noise problem and that clearly should have been part of the development plan when those apartments were passed by council.

Fortunately, the government has come to the rescue of Luna Park.   A new ordinance is on display until November 9 that strikes a balance, but it is unlikely to come into effect to deliver new attractions before the Christmas holiday season.   This new measure grades amusements into categories that are either exempt or complying, and which can have changes certified by an independent certifier without the need for a development application.   Such a DA would be needed for any significantly new ride, which would have to meet height, safety and heritage guidelines.

This modification ensures that existing amusements can be updated and improved because they are part of the existing sound level which was part of the original Luna Park experience for surrounding residents.  Any entirely new developments will have to run the course of a development application - and the consequent challenges that will occur.

Hopefully, this delivers a message that intending home buyers need to understand.  There are many activities that are undesirable as a next door neighbour, but if one exists close to where you choose to buy you can not expect to force it to close by agitation at a later date.  The city is a mix of activities and when buying decisions are made such adverse neighbours are simply part of that decision.

The sound of happy people is the by-product of living close to Luna Park !

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