Sorry to double post.
There's a lot of misinformation in the comments sections of both Speedcafe and the Facebook support page.
I don't wish to reign on people who are mourning - as I am mourning too because I liked the facility and the track and the memories - but it's quite clear from the judgement that the karting facility was operating "illegally".
https://archive.sclqld.org.au/qjudgment/2021/QPEC21-033.pdf
Read paragraphs 1 and 2 for the background, which is that the facility was established without the correct permits in 2013, and only after an enforcement notice was issued in 2014 did they seek permission from Council. Approximately 2 years after that (2016) Council conceded to allow the karting track, but the fact remained that the facility was in breach of the relevant planning laws. The fact that the Council changed their mind and wanted to keep the track from 2016 onwards does not mean the planning laws stop taking effect (see paragraph 17 & 18).
Finally, 2 of the 3 people who complained about the noise lived there decades before the facility was built. The first person lived there from 1996 which is almost 2 decades prior (paragraph 34), and the second lived there since 2003 (paragraph 35).
That's all I need to read really and I stopped there. The decision wasn't made because of noise complaints; it was made because the facility was 'illegal' in the sense that it breached planning laws since the beginning. This could have been avoided if the original owners (if the current owners bought the facility) or the current owners (if they were the original owners) got the correct approvals with Council before purchasing. The Council actually supported the track from 2016 onwards (the past 5 years) and supported the proposal during the hearing.
EDIT: Paragraph 239:
"However, for reasons unexplained,the Council has apparently been content to allow the deliberate breaches of planning law on the subject land to continue.It 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. The unfortunate attitude of the Appellant as a corporate citizen carrying on business in the City of the Gold Coast, and the even more troubling attitude of the Council as proper guardian of development rights and amenity expectations in the area, are not immediately relevant to the merits of this application."
Clear as crystal. The facility was illegal.
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