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ARTICLE · 19 NOVEMBER 2018

Taken for a ride? Development consent troubles for Luna Park

Carroll & O'Dea
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Luna Park now is required to make a new development application whenever it wishes to replace, remove or relocate rides.

AustraliaReal Estate and Construction
Alex Collie
Alex Collie
Matthew Rafferty
Matthew Rafferty
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A recent decision of the Land and Environment Court has prevented the operators of the Luna Park amusement park from installing a new ride. Luna Park Sydney Pty Ltd ("Luna Park") had their application for a construction certificate for a new "Flying Carousel" or "Swing Ride" knocked back by the certifier as the works "cannot be demonstrated as not inconsistent with the development consents as it was unclear whether the development consents authorise the installation of new rides". Luna Park's attempt to overturn this decision in Court failed, with Luna Park stating that this decision may jeopardise the ongoing operation of the park.

The case before the Land and Environmental Court was a Class 4 judicial review, as there is no right of a merit appeal regarding a decision made by a certifying authority. Luna Park submitted that the certifier made an error in law in saying that the construction of this new ride was not inconsistent with an existing

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