Reynolds v Corangamite SC [2007] VCAT 1018

1. In permit application no. P2006/017, the decision of the Responsible Authority is set aside.
2. A permit is not granted and no permit is to be issued.

1. Mrs Reynolds and a number of other residents objected a permit application made by the South West Kart Club to use an existing go kart track on the outskirts of Cobden for motor bike racing five weekends per year. The Corangamite Shire Council decided to grant a permit for that proposal on the basis that only three events be allowed in any calendar year until September 2009 when the permit would expire. Review of the Council's decision was sought by Mrs Reynolds on behalf of 12 residents.
2. I issued an interim decision on 14 May 2007 wherein I concluded[1]:

...there is insufficient information as to the precise noise impact to properly inform a judgement as to what number, if any, events may be reasonable over a specified time period. Similarly, I have no information to suggest how the very high noise levels might be managed; the position seems to have been to accept the noise as part and parcel of a limited number of events, but I am not persuaded that is an acceptable approach when one contemplates the apparent magnitude of noise impact upon the closest dwellings having regard to the limited data that is available to me....

But without an independent acoustic assessment to inform my decision, I am not prepared to affirm or vary the Council's decision, rather, I will refuse the permit application. ...

1. I afforded the permit applicant (Respondent) an opportunity to prepare an acoustic report addressing my concerns. In so doing, I said[2]:

I have adopted this approach, rather than refusing the permit, for three main reasons. First, I accept there are potential economic and social benefits to Cobden and the wider region if state and national events were permitted. Second, I give weight to the policies set out in the Scheme promoting recreation at the review site. Third, I give weight to the Council's support for the proposal.

1. By facsimile received by the Tribunal on 4 June 2007, the Secretary of the South West Kart Club advised (in part) as follows:

...we the South West Kart Club will not been seeking to have an Acoustic Report prepared. The club is not in a financial position to have a report prepared and feel the cost would out weigh any gain we would receive from the Supermotard events....

1. As the Respondent has decided not to seek an acoustic report, I will refuse the proposal in line with the indication given in my interim decision.

[1] Reynolds v Corangamite SC [2007] VCAT 844 at paragraphs 22 and 25.

[2] Reynolds v Corangamite SC [2007] VCAT 844 at paragraph 37.