Planning reversal spells uncertainty for Luna Park Sydney

The ability of Sydney’s Luna Park to expand its amusement offerings has been impacted with a Court ruling that the heritage attraction does not have a right to install a new ride without seeking prior development approval.

As reported today by the Sydney Morning Herald, the NSW Land and Environment Court judgement means for every new ride Luna Park’s operators wish to install, move or replace, they must submit a development application, and have that application approved.

As part of the application process, local residents who are concerned about noise or light issues from the new rides can have their objections considered.

Speaking to the Sydney Morning Herald on the matter, Luna Park Managing Director Peter Hearne said the ruling was “a terrible outcome” not just for Luna Park but for Sydney, adding “we are deeply disappointed by this decision, which places a big question mark over the long-term viability of one of Sydney's best-known and most-loved destinations.”

Last year, the harbourside amusement park announced a $20 million investment that was to include six new rides.

In March, it lodged a construction certificate for the new Flying Carousel in its Maloney’s Corner precinct. Rejected just four days later by the certifying authority, Luna Park Sydney Pty Ltd then challenged the decision in the Land and Environment Court.

At the heart of the court battle is whether Luna Park has a right to the “use of land” for its amusement rides, versus the right to “development of land”, which applies to the construction of new, non-heritage rides, such as the Flying Carousel.

In his ruling, acting Justice Simon Molesworth determined that Luna Park has the right to install new rides on its premises but those new rides must be subject to “further development applications and consents.”

Luna Park has had a long history of battles with local residents.

In the 1990s residents near the amusement park, including ‘brutalist’ architect Harry Seidler, complained about the noise created by the Big Dipper, which led to having the ride’s hours of operation being cut and contributed to its closure in 1996.

Since reopening in 2004, residents expressed objections to its Ranger and Spider rides in 2007 and, in 2015 to its 37-metre Hair Raiser ride.

Placed on the NSW Heritage Register in 2010, Luna Park has expanded its business operations to include events and functions since 2004.

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