Newsletter 11 – Luna Park

What did the Court say about Luna Park?

It said the Government, through the planning process, is responsible for the ongoing protection of Luna Park.

Facts:

In recognition of its heritage significance to New South Wales, on 12 October 1990, the Luna Park Site was vested in the Crown and the Luna Park Reserve Trust was established as trustee of the Luna Park Site.

In 2001:

• development on the Luna Park Site was declared to be State Significant Development.
• Development Application was made seeking approval for a “Masterplan” for the Luna Park Site setting parameters around matters including land uses, building envelopes, access arrangements, noise levels and hours of operation.

In 2002:

• Consent was given to the 2001 Development Applications.
• A Development Application was made seeking approval for a car park and café/brasserie on the northern end of the Luna Park Entertainment Precinct.
• The Luna Park Reserve Trust agreed to lease and sublease of the Luna Park Site.

In 2003, consents were given in relation to the car park and café/brasserie.

In 2017, Luna Park made application for a construction certificate in relation to “foundation footings and installation of amusement ride” for a ride known as the “Flying Carousel”.

• Located on the northern portion of the Luna Park Entertainment Precinct.
• The Certifying Authority refused to certify the “Flying Carousel” – “on the grounds that the works cannot be demonstrated as consistent with the development consents as it was unclear whether the development consents authorise the installation of new rides”.

It is this decision that is the subject of these proceedings.

In brief the Court held:

• The 2002 consent related to the use of the site (as an amusement park). That consent did not extend to building and moving rides (e.g. the “Flying Carousel”)
• Proposals to relocate existing rides or add new rides must be the subject of new Development Applications.

The decision confirms the Government authority to ensure that Luna Park is preserved as an operating amusement park.

We have a right to expect the Government will protect Luna Park.