NO HELICOPTER BASE HERE
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No Helicopters Here GoFundMe fundraiser

6/3/2022

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C4 has withdrawn from the court case they initiated, with the support of the Mission Beach Community, against the council’s 2021 approval of a helicopter aerodrome at 2224 Tully Mission Beach Road. There will be no court hearing. A voluntary mediation session with the developer resulted in a compromise agreement comprising a set of conditions that was then ratified by the court. 

​Details of the conditions negotiated by C4 during this mediation can be found   
here.

Mission Beach community members who campaigned against the development are grappling with what this outcome will mean for their future at Mission Beach.
 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%.   

Please let us know if you would like to:
  • Receive a refund (less GoFundMe fee ) 
  • Send your donation to C4, or
  • Donate to Mission Beach Cassowaries to engage professional advice on how to strengthen the Cassowary Coast Regional Council Planning Scheme and be kept informed of other ways you can have meaningful input to better planning outcomes.  
MBC will now focus our efforts on how the community can have meaningful input into the CCRC Planning Scheme currently under review.
 
If you would like to to receive updates and ways you can help please let us know by emailing us at  missionbeachcassowaries@gmail.com
LG
​Mission Beach Cassowaries
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C4 withdraws from appeal following judgment on agreed conditions

3/3/2022

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​On Monday 28th February the  appeal led by the Community for Coastal and Cassowary Conservation (C4) against the  helicopter development at Mission Beach was reviewed  in the Land and Environment court  with  all parties of the appeal accepting  conditions negotiated during the mediation process. 
​
 Judge Morzone handed down his judgment after an agreement was made  between  Mission Helicopters and  C4 . 

The appeal will now not proceed to a court  hearing .

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Cairns Post article
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List of agreed conditions

​In their media release  titled COMPROMISE REACHED ON BEACH HELIPORT      C4 claims  the development operations will be more favourable  than in the orginal council approval.

C4 President Peter Rowles said: “We were not able to stop the helicopter base altogether but we were able to secure some more favourable conditions governing its operation than those the council saw fit to impose despite widespread community opposition.” (read full 'agreed' conditions left) 

The community is wondering what, if any, compromise was   made  by Mission Helicopters in the deal agreed to during mediation between the parties. 
​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 .
LG
​Mission Beach Cassowaries
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    Please show your support
    ​Sign the petition
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    Call to the Hon Tanya Plibersek to call in helicopter development for proper assessment

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    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.
    https://www.change.org/Consider-Mission-Beach-Residents-Amenity-Wildlife
    2022Aug26-Update-#1

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    Post your helicopter sightings on the No Helicopters Here facebook page
     Court appeal   chronology
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    28th February 2022.
    C4  entered into a  compromise  settlement with Mission Helicopters. The appeal did not proceed to a court  hearing. 

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     3rd December  2021
    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.

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     3rd September  2021
      
     Order (above)  made  by his Honour Judge Morzone QC.​
    Appeal review listed for  3 December 2021

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    6th August 2021
    Court ordered MH to  respond to  C4 correspondence by  August 15th. Appeal review   listed for 3rd September.

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    3rd June 2021
    ​Grounds on which Mission Helicopters, as co respondent ,   defended the appeal .

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    5th Mar 2021
    C4  filed to appeal the  Heliport approval  decision

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