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Open Letter to Mr Ray Cronin, Director Mission Helicopters

8/8/2022

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​​​ 8/08/2022
​
From: Mission Beach ‘No Helicopters Here’ campaign supporters
To: Mission Helicopters

​
Dear Mr Cronin,
​
​We refer to your business Mission Helicopters Air Services currently proposed and approved for 2224 Tully Mission Beach Road.   We ask you to change its location to one where it cannot disrupt and disturb Mission Beach residents and wildlife.
Picture Mission Helicopters Kestrel Aviation
Helicopter noise is extremely loud, unpleasant and intrusive
Residents of Mission Beach have already suffered serious disharmony as a result of the approval for your development.​

 There is strong community objection to any type of helicopter facility being located in the heart of town at 2224 Tully Mission Beach Road.

​
The noise trials have reinforced to residents in the vicinity of your proposed development how disruptive and intrusive this development would be.

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The ‘compromise deal’ brokered to avoid a court hearing against the facility does not represent the community that campaigned against the development.

​Mission Beach has built a reputation as a nature-based tourism destination set within the Wet Tropics and Great Barrier Reef World Heritage environments. Residents and visitors are attracted to experience the low-key village atmosphere, peace and quiet, and to be immersed in nature; with the best chance of seeing a cassowary in the wild.  ​ These qualities underpin our community ‘sense of identity’ reinforced over decades of consistent messaging during community feedback for projects affecting amenity, character and the natural environment.
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  • Strong community objection to helicopter facility at 2224 Tully Mission Beach
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  • No objection to   helicopter  service appropriately located    well away from residential areas and cassowary corridors.
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  • Proposal has  caused social division,  ongoing anxiety and stress within  community.
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  • Request  to change its location  where it cannot disrupt and disturb Mission Beach residents and wildlife.
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The community has no objection to an appropriately located helicopter service near Mission Beach - but not on your chosen site, where it is adjacent to the wilderness reserve between two villages.

​
Your proposed three-storey industrial hanger complex will comprise a jarring interruption along the scenic route into town, along with the risk of encountering the peace shattering sound of low-level helicopter use. 

Even if there were a strong case for a rescue helicopter to be based at Mission Beach, it should only be located well away from residential areas and cassowary corridors.
Helicopter noise is extremely loud, unpleasant and intrusive. The recent increase in helicopters flying over Mission Beach and along the shoreline has shown just how disruptive and upsetting the noise can be to residents and shorebirds.
Local residents who value the natural context of Mission Beach and its village amenity know that a helicopter service in the heart of our villages can only have an unacceptable impact on the overall amenity of Mission Beach.
Your proposed helicopter aerodrome has already caused social division and continues to cause ongoing anxiety and stress within our community.
 
The No Helicopters Here campaign supporters respectfully appeal to you, Mr Cronin:

We ask you to relocate your business to a location where it cannot disturb and disrupt Mission Beach residents, our peaceful residential lifestyle, and our sensitive and important wildlife.
Mission Beach ‘No Helicopters Here’ campaign supporters
nohelicoptershere@gmail.com
www.nohelicoptershere.com
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Open Letter - Mr Ray Cronin, director Mission Helicopters
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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

0 Comments

 

​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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Judge orders a list of conditions in helicopter appeal

7/12/2021

4 Comments

 
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. 
​
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.
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Judge Morzone orders

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'. 
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​​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)

4 Comments

Helicopter noise trials carried out at 2224 Tully Mission Beach Road

28/10/2021

7 Comments

 
Helicopter noise trials were carried out at  the proposed helicopter development site  in Mission Beach during the middle of the day on Wed  28th October as per the  Court order issued on September 3rd.  
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Kestrel Aviation boss Ray Cronin who   owns Mission Helicopters, piloted  the two  aircraft  used in the trials;  a Bell 206 Long Ranger and the smaller Robinson which is currently used for passenger transfers to and from Bedarra Island. ​
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Bell 206 Long Ranger                                                                                                                          Robinson - Bedarra passenger transfer helicopter
Representatives from both sides of the  court appeal against the helicopter development approval were present to observe the trials including the CCRC Planner Byron Jones who wrote  the Planning Department reports during the development assessment process.

C4 president  Peter Rowles and committee member Ian Shankley were at the front of  2224 Tully Mission Beach Road with  the independent acoustic expert  while vice president and committee members Helen and Jeff Larson observed from the mouth of  Wongaling (Porters) Creek under the flight path. 
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Acoustic recording devises were placed strategically at either end of the fenced development area  as well as  at houses  within the impact zone.   
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C4 President Peter Rowles with independent noise expert at 2224 Tully Mission Beach Road during the helicopter noise trials.
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Mission Helicopter's noise level meter at southern corner of the development site.
​It was made clear the noise trials   were only concerned with  impact on residents so it was disappointing the community was not  informed of the trial date and time.  Noise levels from any model  helicopter  on a designated flight path are known or can be  calculated, so it could have added weight to a fair assessment to give opportunity for   feedback from  residents within the noise impact zone. The trials  were not concerned with any noise impacts on  the bike path or the beach or the environment.

We were told   the appeal process has made the whole  council approval null and void. "That a lot has changed since then. Such as  the  aircraft now being proposed for the development is the Bell Long Ranger and the Robinson". With little or no  information being shared with the community we must  trust  that any 'negotiations' or 'agreements' during the  appeal  proceedings are from  a firm position of 'No Helicopters Here'. 
Takeoff of Bell Long Ranger flight number 4
 Residents feedback
We were alerted  to the trials by a Conch Street resident during the third of    four   Bell 206 Long Ranger    flights  from the development site. The video above is of the  last flight takeoff.    Residents in Conch Street,  Oasis and residential subdivision south of Marcs Park  reported  intrusive  noise during the trials. A recording taken by a resident at  Shelly Court registered   65.9 db at  11.56am and 87.3db at 11.58 during the Bell 206 flight.   As another  Mission Beach resident  observed..." that is   loud band level".
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A homeowner  in Conch Street described the sound of the smaller Robinson aircraft as "loud and   intrusive,  similar to the Bell."    The resident who enjoys living next to  the rainforest  and identifying the sounds of the birds  said after the helicopter  flew past there was no bird sound for  about   15 to 20 minutes.

​Another   resident  on the western end of Conch Street   said the noise was unacceptable. He is  devastated to think there is a possibility this could be  the norm. 
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A resident in Huchison Street  said   
 she could hear the constant noise from inside and outside her house  and is furious this Council approved  what she describes as  "this abomination" without a properly conducted Environmental Impact Study"
The graphic shows the locations of the above feedback to the north  of the flight path and assumes  the helicopters were using the  path provided to the CCRC as mentioned in approval Condition no 7.
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A facebook user commented  "Helicopters are loud. Full stop. Everybody knows this, especially when taking off and landing, there should be no landing pads or flight paths any where near residency or nature sanctuary".

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Community members  have questioned   why the trials were carried out during    the hottest time of the day.    While   sound moves faster in warm air than colder air, the wave bends away from the warm air and back toward the ground. That's why sound is able to travel farther in cooler weather.  Was this taken into account by both parties within the ''agreed approach' for the trials?    Mr Cronin would be well aware of the nuances of helicopter sound.
 CASA explained
The public might be under the false understanding  the  Civil Aviation Safety Authority (CASA) has some control over noise levels or impacts on people or the environment.  CASA has no remit in land development application approvals and/or the process of aircraft permissions in using the facilities.   CASA's responsibility under civil aviation legislation is to oversee aviation safety. 
 
 CASA does not regulate aircraft noise and/or environment impacts.  It is usually a matter managed within the land development application with impact statements.     The council could, or better,  should  have made this a  requirement of  the Development Application (DA) but dodged it by claiming they only have no responsibility  once a  helicopter is in the air. While CASA cannot enforce fly friendly agreements they encourage consideration by council authorities and with the helipad operator and local residents. No such agreement was considered as part of  the helicopter development assessment process.


Further, CASA does not  have any jurisdiction over where  helicopters  can fly . The pilot must determine the safest route in landing and take-off,  depending on conditions at the time.  The helipad/heliport operator generally specifies operating procedures for aircraft using the landing site, and this will include flight paths relevant to safe routes and can be in consideration of impacts of aircraft with sensitive areas, such as national park and residential areas.  This means  a specific flight path is not enforceable which leaves in question how  the full potential noise impact can be accurately  gauged.
  Increased helicopter activity at Mission Beach
Meanwhile, since Mission Helicopters has been promoting scenic tours operating from Tully aerodrome, residents  from South Mission Beach to Brooks Beach   are reporting an increase in helicopter   activity  around the region.    Island Reef Helicopters  has been observed flying noisily along the beach close to the water disturbing Red-tailed black cockatoos. 

Residents at Brooks Beach report helicopter movements regularly, using no particular flight path; sometimes over land, sometimes directly overhead and other times following the coastline over the sea. The helicopter used in the noise trial video (above) was identified  flying "quite low'  directly over houses along Brooks Beach  on the day of the trial.

It seems  there isn't a day without  helicopter activity at Mission Beach. Under any circumstances  helicopters  are intrusive and destroy the   normally quiet peaceful ambience Mission Beach is known for.
Helicopter flying over Bingil Bay
During the court appeal process, there is no room  for compromise   from  the position  of NO HELIPORT at   2224 Tully Mission Beach Road    An      agreement to allow   any     helicopter business to operate from the site  is simply the first  'foot in the door' to  future applications for variations and increased use.

The appeal will be reviewed on 3 December 2021.​
LG
​MBC
7 Comments

Request for community cooperation during noise trials

25/10/2021

2 Comments

 
 As per the September 3 court order,      Mission Helicopters will be carrying out a set of helicopter movements to and from 2224 Tully Mission Beach Road this week as part of a noise level trial.   The date and times of the trial depend on the availability of the  monitoring  company  and are unknown  at the time of this publication.

 C4   advised  that noise levels  will be recorded of the aircraft   described  in Mission Helicopter's   Development Application    (DA) i e  the   large medium lift  helicopters Sikorsky S-76,   Bell 412, and  Bell 206L3 (below)   .
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Bell 206
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Sikorsky S76
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Bell 402
The process for the trial has been determined by helicopter and noise experts as   agreed by both parties   and will be monitored by two  independent noise-recording experts.
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The data from the recordings will then be analysed for use by the  expert witnesses   in the upcoming Planning and Environment Court case.

 Recordings will be taken during take off, landing   and to and from  the proposed development site following the approved flight path; although  there has always been  some confusion over which is the correct flight path  given condition 7 of the   CCRC approval document   differs significantly from the  Approach/Departure Waypoint Flight Plan  provided by Mission Helicopters.  
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 The  CCRC Planners    report  presented at the CCRC General meeting 21 Jan  2021 (Page 256)   stated     3 helicopters could be   in use at any one time. None of the approval conditions limit the number of helicopters.  Fully representative  trials would need to take this into account.   ​
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 Community  people (sic) have been asked to cooperate with the trial process so the best information can be gathered for  the  legal proceedings.   In the public interest, C4 has requested people  to    monitor noise levels from their homes so they can determine what the likely effects of proposed helicopter movements might have on them.
Given the impact would also be felt   by those enjoying the beach or using the bike path,  these are other places the community could  gain  an insight into the selected activities of the trial. The map, above right, shows the supposed impact zone of both flight path scenarios.

It is stressed  that  noises other than  those of the helicopters can negate the results of the tests so those interested in being present while the trials are being carried out are asked to please observe quietly.

The community could rightfully ask why the burden of proof is  on the objectors to demonstrate noise nuisance?

Why wasn't  Mission Helicopters  required to  lodge a   report  with the DA to   show that the noise he intended making was below acceptable limits?

We will keep you informed as soon as we have any further information on the trial date. 
LG
MBC
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2 Comments

With respect...

30/9/2021

8 Comments

 
 The community is  understandably   anxious  that  a helicopter base in the heart of Mission Beach might be a 'done deal' given  all the activity on the approved development site lately.

But that is NOT the case!

While the appellants of the  court appeal against the   helicopter development  approval   are playing their cards close to their chest,  the  co respondent is going for a different tactic.
In stark contrast to the low  profile  C4 has opted for,  Mission Helicopters  (MH)   has  been rolling out  an aggressive   advertising campaign  promoting  scenic tours       on their    facebook page.      Their new business is described as  a    boutique aviation services company "...offering a range of tourism and aerial solution services from its base in Mission Beach in Far North Queensland."

 You could be forgiven  for thinking  this new business  is already operating from 2224 Tully Mission Beach Road    with their facebook announcing   Mission Helicopters    is in   Mission Beach.  The  almost daily posts  feature aerial videos  of farmland, Mission Beach coastline and the offshore islands  with slogans promising   'Let the adventure begin'!    ​
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Mission Helicopters promote helicopter scenic tours over Mission Beach
A     fence has now been erected around the proposed site  and a new "Your Mission Starts Here" sign  installed   announcing  helicopter tours.   

​What is the purpose of this overt  promotion  of helicopter services  while the appeal is still in the court?    Is this a show of contempt for the community who oppose  the development or is it just plain insensitivity?
 When the Deputy Premier and Minister for Infrastructure and Planning, Dr Steven Miles declined the community's request to   use his  'call in' powers to reassess the development, he said  "the Planning and Environment Court  is the appropriate forum to examine any  issues relating to the technical  assessment of this application". The community must  accept  and respect  this current legal process for development assessments.
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The Hon Dr Steven Miles correspondence to MBC 31 March 2021
Respect for process doesn't appear to be a priority for Mission Helicopters.  Apparently the large advertising sign went up without a permit. 

The   
Council has given the landowner 20 business days from 28 September 2021 to either lodge the appropriate development application (a code assessable operational works application for an advertising device) or remove the sign.​
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​​The Mission Beach community has made it  very clear   they do not want noisy, or  nosy,   helicopters to be   a regular feature of their peaceful lifestyle.  With respect  for  due process,  they  will wait with anticipation for a successful outcome of the court appeal.
LG
​MBC

 The current appeal situation
Proposed helicopter flight trial
1.  On or before 7 October 2021, the acoustic experts will meet to determine the terms of reference, minimum requirements, methodology and reporting for the proposed helicopter flight trial [“agreed approach”]. 
2.       On or before 29 October 2021, the proposed helicopter flight trial will occur pursuant to the agreed approach.
3.      On or before 22 November 2021, the data obtained from the proposed helicopter flight trial will be analysed pursuant to the agreed approach and the acoustic experts will provide to the parties’ solicitors a copy of their reporting pursuant to the agreed approach. 
Review
4.      The appeal will be reviewed on 3 December 2021.
8 Comments

​Court order and C4 report

5/9/2021

2 Comments

 
So “the community” are to be guinea pigs!

From what little information has been given to “the community” (see below) we can only deduce that the very community people who have led the charge against the council-approved anti-social anti-wildlife helicopter aerodrome will now be subjected to a taste of what’s threatened!

And at your expense - whether by the Council spending your rates to defend their decision, or by your donations towards paying to reverse that decision.
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Community opposition is not limited to the acoustic impacts the developer might admit to. In any case, the integrity of the acoustic testing depends on the integrity of the developer and his application - and we’ve already lost faith in that. We don’t have any faith that the limitations he’s agreed with the Council will not be exceeded once his business is installed. Remember the Application and the boat washing facility included in the fine print?

So he’s not likely to disclose future bigger aircraft he’s actually got in mind: why would he invite further community opposition?

All the community can know is that C4 and the developer have now agreed to “an approach” to acoustic testing; this being a negotiated outcome, there must be something in this “approach” for the developer (or he wouldn’t have agreed to it), presumably his opportunity to produce a rosy picture of noise impacts or of mitigation measures. Given the size and tentacles of Mission Helicopters and related business, it would be prudent to guess he’s done all this before.

Within the limits of the “agreed approach”, C4 and the developer have further agreed to prepare terms of reference for the acoustic testing; ie they have agreed to limits as to what and how helicopter “noise” will be measured, and under what conditions. We have no information about these tor, nor what expert advice went into them, but we can be sure the MH knows all about this stuff - after all,  it’s his business.

See invitation below to  contact C4 for more information.


Margaret Moorhouse
Alliance to Save Hinchinbrook (ASH)



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In the Planning and Environment Court
            No 34 of 2021
Held at: Cairns
 
Between:
COMMUNITY FOR COASTAL AND CASSOWARY CONSERVATION INC IA13634
                Appellant
And:          
CASSOWARY COAST REGIONAL COUNCIL
   Respondent 
And:
MISSION HELICOPTERS PTY LTD
ACN 636 565 083            
          Co-Respondent
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ORDER 
Before His Honour Judge Morzone QC
Date of Hearing: 3 September 2021
Date of Order: 3 September 2021
IT IS ORDERED  THAT: 
Proposed helicopter flight trial
1.      On or before 7 October 2021, the acoustic experts will meet to determine the terms of reference, minimum requirements, methodology and reporting for the proposed helicopter flight trial [“agreed approach”]. 
2.      On or before 29 October 2021, the proposed helicopter flight trial will occur pursuant to the agreed approach.
3.      On or before 22 November 2021, the data obtained from the proposed helicopter flight trial will be analysed pursuant to the agreed approach and the acoustic experts will provide to the parties’ solicitors a copy of their reporting pursuant to the agreed approach. 
Review
4.      The appeal will be reviewed on 3 December 2021.
Video source: Mission Helicopters facebook page
2 Comments

Helicopters, infrasound and the fear frequency

17/7/2021

2 Comments

 
While the sound of a helicopter may have many rushing to  their windows to  identify the make of the aircraft,  the majority of  people  feel an intense sense of annoyance, or more  accurately, disruption or anxiety. 
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So, what is  it about helicopters that  is so intrusive, placing  people  and animals outside their comfort zone?​​
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The answer is    Infrasound    otherwise known as  the 'fear frequency'.

It's all explained   in the following article   'The Fear Frequency'  by Mark  Pilkington ( The Guardian 6 Oct 2003) 

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  "Have you ever wondered what a ghost sounds like?"  Engineer Vic Tandy may already know. ​"The key here is frequency: 19hz is in the range known as infrasound, below the range of human hearing, which begins at 20hz. Engineer Vic Tandy  learned that low frequencies in this region can affect humans and animals in several ways, causing discomfort, dizziness, blurred vision (by vibrating your eyeballs), hyperventilation and fear, possibly leading to panic attacks".​
 In the early 1980s, Tandy was working in a laboratory designing medical equipment. Word began to spread among the staff that the labs might be haunted, something Tandy put down to the constant wheeze of life-support machines operating in the building.

One evening he was working on his own in the lab when he began to feel distinctly uncomfortable, breaking into a cold sweat as the hairs on the back of his neck stood on end. He was convinced that he was being watched. Then, out of the corner of his eye, Tandy noticed an ominous grey shape drifting slowly into view, but when he turned around to face it, it was gone. Terrified, he went straight home.
The next day Tandy, a keen fencer, noticed that a foil blade clamped in a vice was vibrating up and down very fast. He found that the vibrations were caused by a standing sound wave that was bouncing between the end walls of the laboratory and reached a peak of intensity in the centre of the room. He calculated that the frequency of the standing wave was about 19hz (cycles per second) and soon discovered that it was produced by a newly installed extractor fan. When the fan was turned off, the sound wave disappeared.
"Can affect humans and animals in several ways, causing discomfort, dizziness, blurred vision (by vibrating your eyeballs), hyperventilation
​and fear, possibly leading to panic attacks
A more recent investigation took place in an allegedly haunted 14th-century pub cellar in Coventry, where people have reported terrifying experiences for many years, including seeing a spectral grey lady. Here Tandy also uncovered a 19hz standing wave, adding further evidential weight to his theory.
In an interesting parallel, researchers have recorded that, prior to an attack, a tiger's roar contains frequencies of about 18hz, which might disorientate and paralyse their intended victim. Is this the sound of fear itself?"

We have uploaded  some articles of interest  on the subject here.  You can  listen to  the sound  of 20 Hertz,  the theoretical minimum frequency a human can hear.

An article    
 in Vertical magazine 'The science behind helicopter noise — and how the industry is working to reduce it '     identifies  "... two locales where helicopter noise seems to be a major issue. In urban areas, you have a multitude of helicopter operations: law enforcement, medical transport, local news, some business transportation, and tourism. And then there’s the more remote, scenic tourist destinations, where those on the ground object to aircraft interrupting their experience in an otherwise serene wilderness. Typically, helicopter tours are the main source of annoyance in these places.

The  majority of  this  information can be logically applied to  what is anticipated from  heliport activities on 2224 Tully  Mission Beach Road. The  Kestral Aviation  information sheet   states  " 
We will be predominately using our Bell 206L3 Long Ranger and Sikorsky S-76 helicopters, and on rare occasions, our Bell Medium (212 or 412) fleet when need requires (such as in response to natural disasters).  Vertical magazine informs   "...The  Bell 212 generates high levels of impulsive noise..."
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"To reduce the number of noise complaints, HAI’s Fly Neighborly Guide recommends flying higher and further away from populated areas when possible".
The article  Dynamics of rock arches  shows  a plot of the sound spectrum generated by a two-blade Bell 206 helicopter (below).  In it you see the first frequency peak at 13 Hz with a series of overtones at integer multiples
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​The sound spectrum generated by a Bell 206

​Thank you to Margaret Moorhouse  from ASH for sharing this information. 
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Update on the C4 – vs– CCRC  court appeal

15/7/2021

1 Comment

 
At the C4 general meeting held Friday on 3rd July, the C4 theatrette was overflowing with community members interested in an update on the court appeal.
 
C4 president, Peter Rowles, recapped on the court process saying the respective parties had lodged their relevant documents  for the appeal,    and that C4’s solicitors had engaged experts in the areas of;
  • helicopter operations,
  •  planning, and
  •  the environment.
 Links to these documents can be seen  in the column to the right and are    part of Steps 1 to 3 of the appeal process (as outlined below*).

Peter reported that although details of the Appeal could not be discussed, he could say that the parties were in discussions.
 
Peter went on to say that Mission Helicopters would have helicopter operations experts design trials to demonstrate the noise levels from the activities being planned for the Heliport site.   This forms part of the directions order within Stage 4 of the appeal process.
 
Council’s Approval for Material Change of Use (MCU) is not only for the Air services (listed below), it also allows for “other related entities operated by the Directors / Shareholders of the applicant/owner” (CCRC Planners Report 27 Jan 2021).  Given Mission Helicopters’ high profile and operational connections across the national and international aviation industry, the reality of the Council’s reprehensible MCU Approval is that Mission Helicopters’ operational possibilities are left wide open.
 
Air Services include:
  • The arrival and departure of aircraft;
  • The housing, servicing, refueling, maintenance and repair of aircraft;
  •  The assembly and dispersal of passengers or goods on or from an aircraft;
Any ancillary activities directly serving the needs of passengers and visitors for:
  • Associated training and education facilities; and
  • Aviation facilities.
Associated uses including medical transfers, aerial firefighting and search and rescue operations will also be undertaken on an as required basis.

To be relevant to the Mission Helicopters Proposal, the operational trials mentioned by Peter would presumably have to include all the possible operational aspects of the above.
​

Another important consideration is what flight path will the trials be based on?
 
In the CCRC Decision Notice (27 Jan 2021) (where CCRC mistakenly refer to the applicant as Mission Beach Helicopters) the approval conditions state “. the applicant/owner ‘must ensure”…”helicopters will head directly east over the Coral Sea prior to heading towards intended destinations (emergency situations excepted) as per the Mission Beach Helicopters (sic) Approach/Departure Waypoint Flight Plan received by  Council on 14th October 2020…”  Yet the Waypoint Flight Plan received on that date (below left) shows a quite different flight path, angled considerably to the south. The actual direct east flight path (below right) shows the impact zone covers the whole of the Conch Street residential area.
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           MBH Approach/Departure Waypoint Flight Plan                                                                                     Actual Direct East Flight Path
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 In any case, local councils and Approval conditions may not legally control take-off paths of helicopters.
 
During the meeting, Peter also commented that helicopters were already operating at Mission Beach and that Mission Helicopters can already operate helicopters from their property  “…whether we like it or not…”. Such comments are of course irrelevant to this Appeal.  If Mission Helicopters could carry out all its desired operations without council approval it would not have bothered applying to the council for approval. Clearly they have something much larger in mind than some minor activities for which approval is not required.  
 
From the community’s point of view: the bottom line is it’s a helicopter aerodrome and the community doesn’t want it there.   That’s why the community campaign was called No Helicopters Here!    Because we know:
There are NO conditions that can be applied to this Approval which can mitigate the impacts of ANY commercial helicopter operation at 2224 Tully Mission Beach Road.
The Appeal, after having been adjourned at the first scheduled review on 25th June. will now be reviewed by the Judge on August 6.
 
Could anyone who sees any sign of cassowaries in the vicinity of the development area, including on the beach near Porters Creek,  please post photos or sightings with times and dates onto   Mission Beach Cassowaries facebook page  or email to    missionbeachcassowaries@gmail.com.  This information is invaluable to the Appeal.
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-------------------------------------------------------------------------
* COURT APPEAL PROCESS 

STEP 1
Appeal Period Notice of Appeal filed
Within 20 business days from notice of decision
 
STEP 2
Notice of Appeal to Other Parties 10 business days from when Notice of Appeal is filed
 
STEP 3
Other Parties may elect to join appeal
10 Business Days from when they receive Notice of Appeal
 
STEP 4
Directions Order
Within six (6) weeks of filing the Notice of Appeal the Appellant must apply for directions
To apply for Directions you have to file an application with the court accompanied by affidavit material confirming that the notice of appeal was served on the relevant parties
 
(The Directions order sets out the steps that need to be completed by the parties before the matter can proceed to hearing and normally includes the following:
- Disclosure
- Confirmation of issues in dispute & request for particulars
- Mediation
- Meeting of experts
- Preparation of expert reports
- Continued case management of appeals by court
- when the matter will be set down for hearing 

STEP 5
Hearing of Appeal
If the parties cannot reach agreement to settle the appeal after the
directions have been complied with, the matter can be set down for
hearing    
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    Post your helicopter sightings on the No Helicopters Here facebook page

    Picture
    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.

     Court appeal   chronology
    Picture
    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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    Grounds C4  filed to appeal the  Heliport approval  decision
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    Grounds on which Mission Helicopters, as co respondent ,   defended the appeal .

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