MAYOR RE-ARRANGES MEETING AGENDA & TRUMPS HELICOPTER MOTION

At today’s Ordinary Meeting of Council two Notices of Motion were listed on the agenda for discussion; the first being my motion to refuse the controversial helicopter application on Woongarra Scenic Drive followed by the Mayor’s which sought to delay the decision and refer it to a later (undefined) meeting of the Planning Committee.

In what appeared to be a pre-conceived move, the Mayor introduced a surprise motion (without notice) which sought to alter the scheduled meeting agenda by switching the order in which the two motions would be debated thus enabling his to be dealt with first instead of mine (as listed).

This new motion was then carried by the following 5:4 vote noting that Crs Bush and Forgan were absent from the meeting:

    FOR                                  AGAINST

Cr Batt                                  Cr Barnes
Cr Forman                            Cr Honor
Cr Habermann                      Cr Rowleson
Cr Peters                              Cr Sommerfeld
Cr Ricciardi

Having moved to have his motion placed at the ‘top of the list’, the Mayor then presented it and gained the following 6:3 support:

    FOR                                  AGAINST

Cr Batt                                  Cr Barnes
Cr Forman                            Cr Honor
Cr Habermann                      Cr Rowleson
Cr Peters
Cr Ricciardi
Cr Sommerfeld

During the debate I clarified that any future meeting would involve Councillors and Planning Officers, all of who were already present at today’s meeting. Having done so, I then moved that ‘Standing Orders Be Set Aside’ so that any issues that any Councillor wished to clarify could be discussed there and then in the public forum. The motivation for this was to save further delays and associated costs and to have the application determined one way or another.

Although my motion was seconded by Cr Honor which made it a valid motion for discussion, the Mayor immediately rejected it and as a result prevented any further discussion on the subject.

The Mayor then declared that my following listed Notice of Motion was also “out of order” and rejected it as well.

Notice of Motion by Cr Barnes

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

As a result, the matter will now be deferred for further discussion and presentation to a future meeting of the Planning Committee. Effectively, the application remains in limbo.

To view previous posts on this subject please use the following links:

Helicopter Application Assessment & Notice of Motion Process

Amended Notice of Motion Re Helicopter Application

Mayor Lodges Additional Notice of Motion To Defer Helicopter Application

Councillors Fail To Support Recommended Refusal For Helicopter Operation In Bargara Residential Area