Judge orders a list of conditions in helicopter appeal

On the 3rd December Judge Morzone ordered  that, by December 20th, C4   provide to the other appeal parties, a list of conditions they  believe need to be considered for  any approval of the development application.   (See copy of orders right).

Based on C4's response, by the 21st January, the  respondent (CCRC), will then circulate  a set of conditions for consideration by all parties. 
Depending on the outcome of these  'negotiations', C4 will either agree to the  conditions or not. If there is no agreement,  by the 14th February, they will need to state  the reasons why the development should still be refused and on what grounds they wish to defend their position.  
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The next step would be  to proceed to a court hearing. 
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We have no knowledge of  what  conditions  C4  will be putting forward.  Based on the No Helicopters Here campaign objectives,   the following are the only conditions that could be considered appropriate;

• ​No helicopter noise to eminate  beyond the boundaries of  2224 Tully Mission Beach Road.
• No helicopters to take off or land  at  2224 Tully Mission Beach Road.
• No helicopters to be stored at 2224 Tully  Mission Beach Road.

Judge Morzone orders

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We  trust  the appeal legal team have a strong enough case (as in the grounds for the appeal) to argue, the development does not comply with the planning scheme  and  no conditions  can reduce the unacceptable impacts of  helicopters  operating from 2224 Tully Mission Beach Road,    i.e.   on the; 

•  amenity of Mission Beach,
• the sensitive environment and
• the residents    within   the noise range.

We trust the position will be to   maintain the  development should be refused.
Approval for ANY helicopter activities at this location would be  the 'foot in the door' to future variations and expansion. 

We must wait until Monday 14th February 2022 for the outcomes of the appeal parties' 'negotiations'. 

​​Has Mission Helicopters left town?
It appears for now, Mission Helicopters  has left the area.  There are no helicopters in the  Tully aerodrome hanger.  The last news on the Mission Beach Helicopters facebook was a post was on October 20th announcing they were at the Whitsundays.

Helicopters offering scenic tours have long been  an annoyance to those enjoying  Whitehaven Beach, one of the most well known picturesque beaches in the Whitsundays.  If locals want to enjoy the beauty of the beach they  avoid  visiting  until  late afternoon when  all the flights have ended.

This is the very reason the Mission Beach community objects to the intrusive activity being  considered  for Mission Beach. 

Why was there no  Acoustic Consultant report  with the  Helicopter DA?
​Last year  the council apaproved a Material Change of Use  for Low Impact Industry (Ice Making) at Coconuts .  In the   UNCONFIRMED MINUTES - LOCAL GOVERNMENT MEETING 27/08/2020  it states: "The implementation of the noise attenuation measures outlined in the Acoustic Consultant’s Report will reduce noise to a level that is acceptable and in compliance with the Environmental Protection Act 1994, Environmental Protection Regulation 2019, and Environmental Protection (Noise) Policy 2019. The report outlines that noise emissions will not exceed background noise levels by more than 3 decibels, making it largely inaudible for surrounding properties. To ensure compliance, it has been conditioned that further testing is undertaken subsequent to the installation of the noise mitigation measures (within 30 days), to confirm that the noise levels comply with those outlined in the legislation. It will also be conditioned that loading and unloading of trucks occurs within the shed and with the doors closed".
 Why didn't the council require  an acoustic report with the  Mission Helicopter application? Why didn't the council impose conditions of noise  abatement  while helicopters were on the ground, during warm up, after landing and during maintenance?  

An email  Mission Beach Cassowaries  received   from  CASA   (22   Jan 2021)  stated " CASA cannot enforce requirements and/or conditions placed on land development application through state or council authority.  These are matters for the local and/or state authority"
 
Why did the council absolved themselves of any responsibility for noise associated with helicopter activity stating they did not have any jurisdiction once an  aircraft was airborne?   CASA informed us the responsibility does lay with local government. "  CASA does not regulate aircraft noise and/or environment impacts.  It is usually a matter managed within the land development application with impact statements.  On these matters you should refer to the local council authority.  While CASA cannot enforce fly friendly agreements we encourage consideration by council authorities and with the helipad operator and local residents".   

The answers to these questions are part of the costly court case  the community has been forced into.   This is  now an accepted part of the current development assessment process.

LG
​Mission Beach Cassowaries

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Fly Neighbourly Agreements

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CASA Email (22Jan2021)

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