Permit, not noise, issue in kart ban
ONE of the Gold Coast residents who won a court decision that led to the closure of a popular karting track says his opposition had “nothing to do with noise”.
He said it was the fact the Gold Coast City Council had allowed Xtreme Karting to operate in his neighbourhood for seven years without proper permission.
The Bulletin last month reported the Pimpama business had lost its appeal in Planning and Environment Court to continue operating.
The legal bid was supported by the council, subject to certain conditions.
However, one of the residents who fought Xtreme Karting in the planning court this week told the Bulletin: “It had absolutely nothing to do with the noise. It was about the development and its permission in the area.
“It (Xtreme Karting) has not undertaken the proper development approvals which, among other things, would have not been able to obtain valid insurance.”
In rejecting the appeal, Judge Nicole Kefford rebuked the council’s conduct, saying: “For reasons unexplained, the council has apparently been content to allow the deliberate breaches of planning law on the subject land to continue.”
Xtreme Karting staff member Jeff Smith said the facility had a permit for WRX rally cars and buggies but chose not to use them because they would have been “too noisy” for nearby residents.
“Technically, the facility was deemed in breach of the town plan in terms of permitted use and had to close,” Mr Smith said.
“The approval had permitted use for WRX rally cars and buggies but the facility was using hire karts.
“There was also some hire karting where people were training using two-stroke karts. Because those karts weren’t mentioned in the permitted use then the facility wasn’t able to operate.”
Mr Smith said Xtreme Karting and council worked to resolve the issues before the appeal but the court didn’t agree to the terms the two parties had put together.
A council spokeswoman said the business had changed its development application in August last year to include the use of karts.
The council supported the bid subject to conditions and provided the court was satisfied it would not detract from the amenity of the local area.
Judge Kefford rejected the appeal because the karting facility did not comply with the council’s Gold Coast Planning Scheme 2003.
She said the proposed development would conflict with performance criteria PC19 of the Emerging Communities Domain Place Code, which states: “The proposed use must not detract from the amenity of the local area, having regard, but not limited, to the impact of noise.”
According to court documents, Judge Kefford questioned why council allowed Xtreme Karting to operate unlawfully since 2014.
“It (council) has acquiesced in the continued unlawful operation of a motorsport facility on the subject land since it issued an enforcement notice on 17 October, 2014,” she said.
Judge Kefford said it was unfortunate Xtreme Karting had continued with business as usual and even more “troubling” that council allowed it, but that reason alone didn’t merit refusing the proposal.
The closure means Xtreme Karting and the Gold Coast will be unable to host the Race of Stars in November.