AMENDED NOTICE OF MOTION RE HELICOPTER APPLICATION

I have now been advised that the ‘Motion’ to refuse the application for recreational helicopter operations from residential land on Woongarra Scenic Drive does not actually constitute a ‘Motion’ which needs to be rescinded because there wasn’t any definitive action resulting from the motion. It’s a ridiculous situation and one not experienced by anyone that I’m aware of as it has resulted from a failure for anyone to move an alternative motion to the one that was defeated.

I have also been advised that there is no need to ‘lift the motion from the table’ as the application was basically left in limbo and was never formally ‘tabled’.

As a result I have now amended the Notice of Motion as follows and which basically seeks the same outcome which is to refuse the application.

1. That Agenda Item L3 of the Planning Meeting of Council held on Tuesday 19th May 2015 relating to Application No. 322.2014.42328.1 seeking approval for the use of residential land for the purpose of recreational helicopter take-offs, landings and storage, be reintroduced at the next Ordinary Meeting scheduled to commence at 10.00am on 9^th June 2015 
2. That the recommendation of the assessment team to refuse the above application for the eleven reasons detailed in the assessment report, be noted 
3. That the application be refused  for the following 11 reasons

• The proposed development is in conflict with the Desired Environmental Outcomes (DEOs) of the Burnett Shire Planning Scheme, specifically DEO 2.3(1-3) and DEO 2.4 for matter relating to infrastructure and community well-being. 
• The proposed development is in conflict with the Coastal Towns Planning Area Code of the Burnett Shire Planning Scheme including Specific Outcomes SO.6, SO.17, SO.18 and SO.19 and Overall Outcomes OO2(i)(iii), OO2(i)(iv), OO2(k) and OO2(l) for matters relating to land-use and character and amenity. 
• The proposed development is in conflict with the Urban Residential Zone Code of the Burnett Shire Planning Scheme including Specific Outcomes SO.120, SO.121 and SO.122 and Overall Outcomes OO2(b), OO2(i) and OO2(k) for matters relating to land-use and character and amenity. 
• The proposal is inconsistent with the established residential character of the surrounding area. 
• The proposed development would result in an unacceptable loss of amenity for surrounding residents. 
• The proposal will to create an environmental nuisance. 
• The proposed development is in conflict with the Infrastructure Overlay Code of the Burnett Shire Planning Scheme including Specific Outcome SO.234 and Overall Outcome OO(f) for matters relating to infrastructure and public safety. 
• The proposed development represents an inacceptable public safety hazard from an aviation, vehicular or pedestrian transport perspective. 
• The applicant has not demonstrated an overriding need for the proposed development in the location, given the availability of appropriately zoned land elsewhere in the Planning Scheme area. 
• The development cannot be reasonably conditioned to comply with the Burnett Shire Planning Scheme. 
• There are insufficient planning grounds to support the development despite its identified conflicts with the Burnett Shire Planning Scheme.

4. That the actions of the assessment team in seeking the professional opinion and advice of the Civil Aviation Safety Authority (CASA) with respect to the above application be endorsed.