Tivoli Motorcycle Racing Facility – Motoland
Frequently Asked Questions (FAQ)
- What's next
- Who owns the motorcycle facility?
- Where can I find information about the planning approval?
- How long has the facility been operating?
- Can the 1974 approval be revoked?
- Can Council change the 1974 approval?
- Did Motoland Pty Ltd get council approval for the new track work and racing every weekend?
- Why was there no community consultation on the change in land use?
- Can Council place additional noise, dust and other restrictions on the land use?
- Why isn’t an Entertainment Venue Licence required under a Local Law?
- Does Motoland Pty Ltd have a liquor licence and security staff?
- Is the vegetation on the site identified as Koala Habitat protected under the Planning Regulation?
- Has Council met with Motoland to discuss it’s impacts on residents?
- When did Council receive complaints about the use?
Frequently Asked Questions (FAQ)
- What's next
As at July 2023, Motoland has stopped operating at the facility.
Motorcycling Queensland has the property for sale.
If you believe that there is an issue at the site in relation to the Motoland operations or future use, please contact us on 3810 6666 or email council@ipswich.qld.gov.au.
- Who owns the motorcycle facility?
Motorcycling Queensland (MQ) own the land at 62 Coal Road Chuwar; 145-179 Robin Street Chuwar and Lot 136 Unnamed Road Chuwar
- Where can I find information about the planning approval?
The approval for the use, was granted by Moreton Shire Council on 4 December 1974. The planning approval for the use of the land for ‘motorcycle racing’ is available here. The application material that was lodged is available here.
The approval is quite open and does not include many conditions or requirements. The conditions are as follows;
- The provision of an effluent disposal system to the satisfaction of the Council
- The provision of a 2-metre landscaped buffer strip around the perimeter of the property.
The approval did not include any plans identifying the locations of the tracks or other facilities. Accordingly, the shape and location of the track has changed over time, all within the authority of this approval.
An additional approval was granted by Moreton Shire Council on 25 November 1977. This planning approval was for the hire of the existing clubhouse to organisations for dances, barbecues, receptions etc., including the preparation of meals. This approval is available here. The application material that was lodged is available here.
- How long has the facility been operating?
Ownership details identify that the land has been owned by motorsport related entities (such as the Auto Cycle Union of Queensland) since 1948. Historically, the facility itself has existed on the land since the 1960’s, as shown in the images below these FAQ's.
- Can the 1974 approval be revoked?
No. Council is unable to revoke or otherwise take away the approval. Once an approval has been given, it ‘runs with the land’ and exists unless it is cancelled by the landowner, abandoned or a new land use is taken up.
The 1974 Letter has continued to have lawful effect via the transitional provisions of the various Planning Acts that have existed over the years.
- Can Council change the 1974 approval?
No. Council is unable to make a change to the conditions of the approval without an application being lodged to Council by an applicant.
Most modern development approvals would include plans and conditions which would include restrictions on appropriate noise levels and operating hours. This consent does not include any restrictions on noise levels and operating hours and Council is unable to make changes to include new restrictions.
- Did Motoland Pty Ltd get council approval for the new track work and racing every weekend?
No. A new approval is not always required when a new tenant moves to a site (such as a real estate agent office changing to an accountant’s office). A new application is not required for the works and activities occurring on the site where the use of the site is in accordance with the existing approval. The open-ended nature of the approval permits motorcycle racing activities on the site, including activities that are ancillary to racing, such as practice sessions or time trials. In most cases, an approval makes references to plans which provide some limit to the areas where activities can occur. The 1974 approval does not make references to any plans.
While Motoland have increased the use of the site recently, Motorcycling Queensland have carried out similar events and track work over the years without changes to the development approval in place. The operation of the site by Motoland instead of Motorcycling Queensland does not materially effect the validity of the approval.
Depending on the response to the Environmental Protection Order, there may need to be works that are not consistent with the existing approval. These works may require an application to Council.
- Why was there no community consultation on the change in land use?
As there has been no change in the land use, no application is required and therefore no public notification has been undertaken. While the operator of the site has changed from Motorcycling Queensland to Motoland Pty Ltd, the use of the land remains consistent with the existing approval.
- Can Council place additional noise, dust and other restrictions on the land use?
Council cannot place additional noise, dust or other restrictions on the land use beyond the restrictions set out in the Environmental Protection Act. The purpose of the Environmental Protection Order that has been issued by Council is to ensure compliance with the Act is achieved. Depending on the results of the noise monitoring, there may be additional attenuation measures put in place.
- Why isn’t an Entertainment Venue Licence required under a Local Law?
Previously (up to June 2019), Council issued Moreton District Motorcross Inc an Entertainment Venue Licence under Local Law No.3 (Commercial Licencing). The Entertainment Venue Licence included conditions which restricted dust and noise nuisance.
Local Laws are reviewed regularly and in 2019, Council made amendments to the Local Laws, including Local Law No.3 (Commercial Licencing). Further details can be found here.
The relevant amendment to the Local Law in this instance is the change in the definition of Entertainment Venues. The current definition of an Entertainment Venue is specific and includes locations such as the Ipswich Turf Club and the Ipswich Showgrounds. It does not include the Tivoli facility.
The 2013 Local Law definition of an entertainment venue was much wider and did not include specific locations, only types of locations, such as theatres and fair grounds. The Tivoli facility was captured under this definition and was required to obtain an Entertainment Venue License.
Due to the amendment to the Local Laws, it is unnecessary for Motoland to obtain an Entertainment Venue Licence and Council is unable to apply the same conditions under the previous licences.
- Does Motoland Pty Ltd have a liquor licence and security staff?
The Queensland liquor licence records and Council’s records do not indicate that Motoland Pty Ltd has an application or approved liquor licence.
Liquor licenses and associated security requirements are managed by the Office of Liquor and Gaming Regulation, not by Ipswich City Council.
Information about liquor licenses can be found here.
- Is the vegetation on the site identified as Koala Habitat protected under the Planning Regulation?
The site is identified as containing some areas of Koala Habitat under the Planning Regulation 2017 (refer map below). The Planning Regulations include several exemptions which allow clearing of Koala Habitat without an application to Council or the State Government.
One of the exemptions is set out in Schedule 10, Part 10, Division 2, section 16A(2) of the Planning Regulation 2017.
The exemption (16A(2)) allows development where interfering with koala habitat, provided the clearing is consistent with a development approval. The site currently has a valid development approval (being the 1974 consent letter).
Any new application on the site or any sites without a current development approval would require assessment against the Koala Regulations unless an exemption such as 16A is in effect.
Essentially, the existing approval allows for clearing to occur on the site where it is consistent with the broad approval for motorcycle racing. An example of clearing that would not be consistent with the approval, would be clearing that conflicts with the requirement for a 2-metre landscaped buffer strip around the perimeter of the property.
View the Koala Habitat Areas here.
- Has Council met with Motoland to discuss it’s impacts on residents?
Yes. Council has met with Motoland, both prior to opening and afterwards.
Council met with Motorcycling Queensland in March 2021 as an introductory meeting between MQ and the Mayor and Divisional Councillors.
Topics discussed included:
- History of the facility, including the proposal to develop the land for residential purposes and proposal to relocate to Willowbank (both of which did not eventuate)
- An indication that MQ was looking to partner with Motoland to use the facility, which was to involve a business case investigating options to revamp amenities and improve the site.
- Whether the land use approval would allow for any increase in activity. (After the meeting Council was subsequently supplied with legal advice from MQ that determine the 1974 approval didn’t restrict the proposed operations and they did not require a new Material Change of Use application).
- Council advised MQ to engage with neighbouring properties on the proposed increased activity.
- Conversations with Council’s City Events Manager regarding events at North Ipswich Reserve.
Council met again with Motorcycling Queensland and Motoland representatives in August 2021.
Topics discussed included:
- Advise that site works would be occurring soon, beginning with maintenance and then track improvements.
- Advise that all planned works were to be in accordance with the existing 1974 approval.
- Council advised MQ and Motoland to proactively engage with their neighbours on the proposed increased activity.
Another meeting was held on 9 December 2021 with MQ and Motoland. Topics discussed included:
- Residents’ concerns and complaints about the use, noise and dust as well as concerns regarding the earthmoving machinery and water truck.
- The Environmental Protection Order (EPO) and the obligations to meet broader environmental requirements.
- The Merry Motoland event and plans for future communication with residents.
- Council’s disappointment in MQ and Motoland not engaging and communicating with their neighbours prior to work commencing.
- When did Council receive complaints about the use?
From 3 October 2021, Council received complaints regarding environmental nuisance from surrounding residents. The majority were noise related, specifically motorcycle activity and earthworks activity (including the use of a high-capacity storage water truck). There were also complaints raised regarding stormwater contamination and dust nuisance.
- What has Council done in response to these complaints?
The latest response from Council is below.
Council has updated/amended the EPO issued on the 24 May 2022 following a request from Motoland to reflect the current operation and circumstances. The change is essentially a minor change and provides a fair representation of the outstanding requirements of the EPO.
Please see below amendments:
New Requirement
(i) Upon the completion of the operational works for the installation of the acoustic barriers and applicable remedial works, Motoland Pty Ltd, must engage a suitably qualified person (e.g. acoustic engineer) to install 3 noise loggers at the boundary of the site. The exact locations of the noise loggers must be submitted to Council via a site map prior to any operational activity to determine suitability of the locations. The noise logger locations will be inspected by Council prior to the commencement of any operational activity on site post operational works.
Continuous sound monitoring must be undertaken for all activities on site over 18 months from the date of commencement. Motoland must submit to Council the findings of the sound monitoring, every three months from the date of commencement or when otherwise requested by Council.
Sound monitoring must include a noise logger at the boundary of the following general locations (but not limited to) listed below:
139 Robin Street, Chuwar
26 Coal Road, Chuwar
2 Blackwall Road, ChuwarNote: Suitably qualified person means a person who has demonstrable professional qualifications, training, skills and/or experience relevant to the nominated subject matter and can give authoritative assessment, advice and analysis on performance relating to the subject matter using the relevant protocols, standards, methods, or literature.
Previous Requirement 1 from EPO dispatched on 24th May 2022.
(i) By 20 February 2022, Motoland Pty Ltd, must engage a suitably qualified person (e.g. acoustic engineer) who must conduct continuous sound monitoring of all the activities on site for 18 months and submit to Council the findings of the sound monitoring, every three months or when otherwise requested by Council.
Sound monitoring must include (but not limited to) a sound level meter and a noise logger from the boundary at the following locations (but not limited to) listed below:
139 Robin Street, Chuwar
26 Coal Road, Chuwar
2 Blackwall Road, ChuwarFor clarification as to when Noise Monitoring Reports are to be submitted, please see the below dates:
- 20 May 2022
- 20 August 2022
- 20 November 2022
- 20 February 2023
- 20 May 2023
- 20 August 2023
The updated EPO can be found here.
For a full history of the EPO's issued to Motoland please see here.
- What happened to the proposal to subdivide the land into residential lots?
On 1 May 2018, Motorcycling Queensland lodged a Development Application to Council for a Variation Request and to subdivide the land into 217 residential lots (application reference number 3268/2018/CA).
On 30 May 2018, Council issued a lengthy information request identifying technical issues with the proposal, as well as noting that the area is predominately large lot acreage style housing. The applicant was advised that a wider local planning exercise would occur following public notification to determine the suitability of the proposal.
On 31 July 2018, the applicant commenced public notification of the development application. Council received 35 submissions. The submissions primarily related to the inappropriate size of the proposed lots, increases to local traffic and concerns about the impact on the Warrego Highway interchange.
On 21 March 2019, the applicant requested to withdraw the application. Accordingly, the proposal was not required to be decided by Council, and the application is no longer of any relevance.
- What happened to the proposal to relocate the facility to Willowbank?
Council owns 350-440 Paynes Road, Ebenezer (44.7 ha) to the immediate west of Queensland Raceway.
Motorcycling Queensland commenced a 30-year lease for this site on 1 May 2015 with the aim of developing a world-class off-road facility to compliment the proposed expansion of Willowbank precinct.
As part of preparations for the off-road facility, MQ undertook significant master planning and design option studies.
MQ was required to transfer all motorsport activities from the Chuwar facility as part of the development of the new site within 3 years of receiving tenure.
Motorcycle Queensland requested a lease termination in October 2017.
In April 2018 following the advice from MQ of its intention to surrender the lease, Council terminated the lease.
In the Development Assessment report lodged as part of the application 3268/2018/CA, it is noted that on page 22, that the redevelopment of the site played a “significant part financially ensuring the ability of Motorcycling Queensland to relocate its long-established Chuwar operations which will also be of substantial benefit to the surrounding residential community of Chuwar, ensuring that local residents are no longer impacted by this long-standing approved use that is no longer consistent with local community desires and expectations”.- How much extra money/rates do ICC receive from Motoland activities?
The Rating Category is 43c Commercial ($500k to $1m). The General Rates are $7,443.80 per annum. There are no rates concessions provided to the property.
- What was discussed at the Community Forum?
At the General Council meeting on 27 January 2022, Council resolved to hold a community forum regarding the Tivoli Raceway. The purpose of the community forum was as follows:
- Residents will be better informed as to the provisions under which the facility operates
- While council has been consulting with a representative group of affected residents, a public meeting will give a better understanding of how many are affected
- When residents get to express their views, Councillors fulfill our obligation, and our sincere desire, to listen to the community
- The impacts of the activity will be acknowledged
- The motorcycling facility operators get to hear residents
- Council reiterates what is possible in response to residents' concerns
- The reinforcement of transparency
The forum was held on Thursday 24 February 2022, between 6:00 pm and 8:00 pm. The notes which were written during the meeting are available in the Forum Summary Report here.
What happens next?
As at July 2023. Motoland has stopped operating at the site and Motorcycling Queensland has the property for sale.
If you believe that there is an issue at the site in the future, please contact us on 3810 6666 or email council@ipswich.qld.gov.au.
Council last issued an EPO on the 24 May 2022 following a request from Motoland to reflect the current operation and circumstances.
The EPO can be seen here.