Well. Its unfortunate that a view of mine that was aired in another forum was posted here but it is what it is. Your posting, is as always, fairly thorough , in explaining your view. Its one perception and an interpretation from what you posted but that's not where it ends. However , for mine, and of course for the management and owners Luna Park Sydney, there is another , differing viewpoint.
Luna Park has operated since 1935 and during all that time (apart from the time the Park was closed in the 1980’s and 90’s); rides have been brought in, moved around and taken away.
In 1990 the first Plan of Management, after extensive public consultation, confirmed Luna Park should continue as an amusement park. A number of development approvals were granted by North Sydney Council in the early 1990’s including the ability to bring rides in from time to time.
In 1996 after the Park closed, a new Plan of Management was finalised in 1998 after extensive public consultation. Once again it confirmed the site should remain as a viable amusement park.
In early 2000 a number of staged development approvals were granted, covering noise, light, hours of operation and ability to introduce new rides, move rides around and remove rides, excluding heritage rides
The recent court decision found that approval had been granted to deal with rides but due to poor drafting further development approval is still required every time a ride (including even inflatables!) are brought into the Park.
This was not what the operators of the Park nor the original Development Approvals granted in 2000 had been agreed upon. The problem lies in the current interpretation of the Development Approvals covering the ability to bring in new rides. Luna Park understands that any new ride must comply with the rules and restrictions set out in the 2000 Development Approvals, and have strictly adhered to this as stated in their accords. However, the the poor drafting and ambiguous text of the last Development Approvals has led to the issue we currently have and the differing interpretations ( right or wrong). Luna Park certainly has history showing that they can introduce new rides into the park, or move them around, without the need for a Development application in each case. Case in point is every seasonal ride that is erected and brought into the park for up to 6-8 weeks of the year since the 2004 reopening.
Now I am not a lawyer, and neither are you, so we can all have our viewpoints on this same situation. However , until a definitive ruling is handed down, it just becomes a matter of clarification.
One thing that I can definitively say is incorrect is your analysis that the park are free to install whatever they want. The historic rides and their locations are protected and are unable to be touched in the manner that you intimate. The park operators run the park on the knowledge that these attractions must be maintained to a set high standard and they cannot be removed or displaced in any way.
The park also will not build anything that is out of character with the rest of the park. Every ride they install must fit into their overall vision of what the park stands for. Examples of this are the latest improvements to the Rotor, the awesome 3D facades under the Wild Mouse ( as pictured above) and the refurbishment of the Light House Cafe into the brilliant looking Helter Skelter Tower. Yes the park is in dire need of new rides and attractions but they also know that they have very finicky and troublesome neighbours to deal with. Sadly the days of large coasters coming to LPS ( as much as I would love to see one) are a dead dream. Plus this also goes against the DA's that were set down as mentioned above, as a ride of this nature would operate outside of the operating park envelope as set out in the conditions. This is the reason that the Hair Raiser is as tall as it is- LPS know and understand that while they have the ability to introduce new rides and attractions, they also understand they need to be reasonable neighbours to the nearby residents and NOT install anything that would be considered controversial. So the fear of LPS installing a Tower of Terror ride with a huge Giant Drop are definitely unfounded.
LPS are campaigning to the state government to review this decision. Until then, this has delayed the $20 million ride investment as announced in March 2017.
Luna Park certainly has strong support from the public on this issue ( a petition of over 5,000 signatures is being readied to present to the state govt) and on their recent tours, Pink and Katy Perry offered messages of support for the park, eliciting their love and fondness for the "place with the big face" across the harbour.
A Sydney poll conducted for the park by YouGov Galaxy showed 85 per cent of those surveyed think it's important for the park to continue to operate viably.
A further 89 per cent supported the previous planning laws and 63 per cent thought the new rules are "unfair".
Of course , this is only public support and nothing is legally binding, but it is encouraging to see that generally , the park is seen in a positive light by the people of Sydney.
I am sure this setback will sort itself out, and one way or another, the park will continue to grow and to thrive. Its just my opinion, that this is a setback the park does not really need. I am sure they will over come this latest challenge.