Instead of the developer being stopped from building a helicopter aerodrome in the wrong place, the developer has been granted the movement of 120 helicopters every day. Instead of town planning principles and legislation protecting residents and their surroundings, there will be never-ending impacts on the local cassowaries and community.
The court approval of the new agreed conditions replaces the original approval. Should these conditions be breached, there is no way of enforcing them without going to court.
We have yet to learn what was negotiated for C4 during the mediation.
Before anyone decided to go to court, Mission Beach Cassowaries obtained preliminary legal advice that outlined just how inadequate is the local planning scheme to protect the village characteristics and natural environment so highly valued by the present community. Development by Material Change of Use (MCU) – ie by overriding what we used to call “zoning” – is now the path to anti-community development under a complicit local council.
Mission Beach Cassowaries set up the Go Fund Me fundraiser to help the appeal with an expectation it would proceed to a court hearing. We thank you for your generous support. The No Helicopters Here supporters did not receive any correspondence from C4 during the proceedings. Nor were they consulted about the possibility of negotiations with the developer; nor about what, if any, conditions would be acceptable during such negotiations. Supporters of NO HELICOPTERS HERE meant just that – NO HELICOPTERS HERE.
As the appeal did not proceed to a hearing we have received some requests for donations to be refunded. The refunds have incurred a GoFundMe fee of 2.2%.
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Mission Beach Cassowaries
The conditions include rehabilitation of cassowary habitat to the north and to the south of the development.
It's all downwash under the blades now, and there might be lots of it if the developer exercises his full rights. The new conditions will allow up to 120 helicopter movements a day from the site at the centre of Mission Beach.
Residents who showed strong support against the devlopment and were willing to help with the appeal and expenses are asking why they were not consulted at any time during the appeal particularly on what, if any, conditions might be considered acceptable to take to mediation with the developer.
The outcome of the appeal has community members grappling with the knowledge their quiet peaceful township, the reason many have chosen to settle at Mission Beach, will now have the unpredictable intrusion of noisy helicopters any time from early morning to late afterrnoon seven days a week.
Affected residents say they were given little or no opportunity to have input into the appeal. They were discouraged from public show of support against the development. There was no mention of community expectation in the judgment handed down from Judge Morzone, a factor that has strong sway in community court appeals.
By sidelining the supporters of the appeal, C4, has unilaterally negotiated an outcome that will have a significant impact on the future amenity and environment at Mission Beach.
With the appeal no longer proceeding to a hearing, those who contributed to the No helicopters Here Go Fund Me appeal have been contacted by Mission Beach Cassowaries (MBC) for instructions regarding their donations. See GoFundMe fundraiser update .
Mission Beach Cassowaries
This website is managed by Mission Beach Cassowaries inc to share information about the No Helicopters Here campaign against the approval of A HELICOPTER BASE on 2224 Tully Mission Beach Road.
Latest on court appeal orders
On 3rd Dec the appeal was reviewed. Judge Morzone ordered (above) the appellant (C4) to provide a list of matters they wish to be considered for inclusion in the proposed conditions attached to any approval of the development application.
On the 3rd September an Order (above) was made by his Honour Judge Morzone QC.
The appeal will be reviewed on 3 December 2021
On the 6th August the court ordered MH to respond to C4 correspondence by August 15th.
Next appeal review is listed for 3rd September.
All relevant COURT APPEAL
SUPREME AND DISTRICT COURTS CAIRNS
Grounds C4 has filed to appeal the Heliport approval decision
Grounds on which Mission Helicopters, as co respondent , will defend the appeal .