RESCIND MOTION LODGED RE HELICOPTER APPLICATION

On Tuesday I lodged the following Notice of Motion with Council’s CEO seeking to overturn the 6:5 decision of Council which failed to support Council’s Planning Officer’s recommended refusal for a proposed recreational helicopter operation from residential properties on Woongarra Scenic Drive. The background report has now been provided and both are posted below for information…..

I hereby give notice that at the next Ordinary Meeting of Council scheduled to commence at 10.00am on 19th June 2015 I intend to move the following motion:-

  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 lifted from the table; 
  2. That the decision of Council carried in relation to the above item contrary to the recommendation of the assessment team and significant community opposition by way of formal submissions, be rescinded; 
  3. That the recommendation of the assessment team to refuse the above application for the eleven reasons detailed in the assessment report, be adopted; 
  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.

Background

At its Planning Meeting held on 19th May 2015 Council rejected a recommendation by assessing officers to refuse an application seeking permission to conduct take-offs, landings and the storage of a recreational Robinson R22 helicopter on residential land located at Nos 2 & 6 Woongarra Scenic Drive, Bargara. No alternative motion was put to the meeting and the application currently lies on the table awaiting a decision.

33 of 39 (85%) properly-made submissions from the community opposed to the application.

Eleven detailed reasons were submitted in the assessment report supporting the recommended refusal including several identified non-compliances with Council’s adopted planning legislation as well as public safety concerns which were further supported by feedback from the Civil Aviation Safety Authority (CASA) as the nation’s peak authority on issues involving the safe operation of aircraft. Staff were questioned why they had sought the advice of CASA, what information had been sent to CASA and whether CASA had even conducted an on-site inspection of the subject land.

It is noted that the assessment report provides a link to Council’s adopted Corporate Plan vis “Governance – 4.4.6 – A commonsense approach to planning, coordination and consultation”

This motion seeks Council’s support to overturn the decision carried on 19th May and to refuse the application for the following original reasons:-

Reasons for Refusal

  1. 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. 
  2. 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. 
  3. 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. 
  4. The proposal is inconsistent with the established residential character of the surrounding area. 
  5. The proposed development would result in an unacceptable loss of amenity for surrounding residents. 
  6. The proposal will to create an environmental nuisance. 
  7. 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. 
  8. The proposed development represents an inacceptable public safety hazard from an aviation, vehicular or pedestrian transport perspective. 
  9. 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. 
  10. The development cannot be reasonably conditioned to comply with the Burnett Shire Planning Scheme. 
  11. There are insufficient planning grounds to support the development despite its identified conflicts with the Burnett Shire Planning Scheme.

 

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