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.
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. 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. 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.
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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) 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
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. So, what is it about helicopters that is so intrusive, placing people and animals outside their comfort zone? 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) "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.
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..." 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 Thank you to Margaret Moorhouse from ASH for sharing this information. 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;
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:
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. MBH Approach/Departure Waypoint Flight Plan Actual Direct East Flight Path 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:
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. ------------------------------------------------------------------------- * 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
The Friends of Ninney Rise periodical newsletter (Click below) has a focus on planning following the Mission Beach heliport approval decision.
What advice did the Minister receive to make that decision? Was the Minister fully informed of the facts"? These and other questions will be asked in a Right to Information request by Mission beach Cassowaries. Pedro O'Connor, Director of Australian Inbound - Private Epic Journeys agrees. “Mission Beach is one of the few places in Australia where you can enjoy a true nature experience. It attracts the same market as the Daintree. " said Pedro. ”Why would you bring in this noise factor when the iconic features of Mission Beach are the Dunk Island butterfly and the cassowary. It just doesn’t go hand in hand with current community and visitor expectations”. Pedro said there was no evidence the helicopter development would bring any economic benefits to Mission Beach. “Of course we need balanced growth. That is what everyone is looking for ".said Pedro, "but who is to benefit from this development?” "It won't be employing a lot of people so it needs to be weighed up against who will not benefit" . The accommodation houses and other providers along the coast who are selling their region for its nature and that’s being interrupted”. “What is the developer’s true agenda"? Pedro asked? “There is no high end tourism industry at Mission Beach. It has developed as a low key boutique nature based tourism industry. "The council and the Minister has been made well aware of the community's concerns. There is no evidence to show there would be any benefits for the community said Liz "But they have chosen to ignore it". "How can we have faith in the assessment process”? The public feel they have been sidelined, let down and treated with contempt. Liz said “Council decisions are dividing communities and forcing some into costly court battles”. “What is the point of council writing plans claiming to put “Community First’ and to “… listen to the people and support their quality lifestyle and unique natural environment", when council decisions, policies and actions are often in direct conflict to the vision in those plans? asks Liz. "The community has been thrown into a state of anxiety over this decision". said Liz "They are now unsure of their future. Their lifestyle and economy are threatened. “What we want is sound future-focused planning, and state and local governments which defend that planning; not to play the double game of writing good things into policy and legislation and doing bad things on the ground”. The Mayor of the Cassowary Coast Regional Council told ABC Far North he couldn't comment as the matter is in the court. Cr Nolan said the submitters are exercising their right of appeal and confirmed the ratepayers will be paying for the council to defend the appeal. "This is what the assessment process has come to" said Liz "The public input during the consultation process is ignored, the planning scheme is ignored, and the planning department recommendation is skewed in favour of the developer. The council will then use public funds to defend themselves against any appeal against the decision. A 'win win' for the developer and a 'lose lose' for the community and public expectation of a fair due process". said Liz.
“All of this angst could have avoided by the council sticking to their planning scheme and working in the public, not the developer’s interest said Liz. The helicopter facility belongs at one of the designated air services facilities in the Cassowary Coast". The Community For Coastal and Cassowary Conservation (C4) has filed an appeal in the Planning and Environment court against the helicopter development approval. Mission Beach Cassowaries is helping raise funds for the appeal. Please go to nohelicoptershere gofundme if you would like to help. Ends More information Liz Gallie Mission Beach Cassowaries 0414402315 Pedro O’Connor Australian Inbound - Private Epic Journeys 0418 113 227 It has been confirmed. The people and the cassowary are of no interest to the State government and the cassowary and the World Heritage areas are of no significance to the Federal government.
First they take no notice when the council puts together a shoddy planning report clearly skewed in favour of the developer and when it is bought to the Federal and State governments attention by hundreds of people they say it is not of interest or of no significance. The Federal Environment Department informed us on 4th March " I can confirm that the consultant working on behalf of Mission Helicopters Pty Ltd responded to the department advising that Mission Helicopters Pty Ltd is aware of its obligations under the EPBC Act but is focusing on finalising the Local Council processes at this point in time". Minister Ley confirms in her response to our 'call in' request, "The company has advised it is aware of its obligations under the EPBC Act and will seek advice from the department when appropriate. " The State Minister for Infrastructure and Planning/local government has decided against using his power to call in the development for reassessment. He informs us the appropriate place for any community concerns to be heard is in a costly court appeal. , "This is a reserve power that is used only in exceptional circumstances. In this instance, there are no state interests impacted by the development which would warrant my involvement. The Planning and Environment Court is an appropriate forum to examine any issues relating to the technical assessment of this application. It's all in the letters below. The ordinary people, the ones the governments are supposed to be working for, have been dismissed. |
Please show your support
Sign the petition 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
Court appeal chronology
28th February 2022.
C4 entered into a compromise settlement with Mission Helicopters. The appeal did not proceed to a court hearing. 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. 3rd September 2021
Order (above) made by his Honour Judge Morzone QC. Appeal review listed for 3 December 2021 6th August 2021
Court ordered MH to respond to C4 correspondence by August 15th. Appeal review listed for 3rd September. 3rd June 2021
Grounds on which Mission Helicopters, as co respondent , defended the appeal . 5th Mar 2021
C4 filed to appeal the Heliport approval decision Archives
September 2022
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