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C4 withdraws from appeal following judgment on agreed conditions

3/3/2022

1 Comment

 

​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
1 Comment
Angel Martin link
6/11/2022 12:45:22 pm

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     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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