Readers may be aware that Bundaberg Regional Council is
assessing one of our applications that has attracted considerable media
attention. It is a development application for a material change of use for a helicopter
landing facility at Woongarra Scenic Drive, Bargara.
While we appreciate that some residents are concerned about
safety, this is a matter on which our client would prefer to deal with CASA
directly. Unfortunately, Council has sought advice from CASA, thereby muddying
the waters as far as this issues goes - it neither has any expertise or role in aviation safety and can add no value to CASA as the national aviation safety regulator.
There has also been considerable misunderstanding and even
misinformation on the proposal, so here are some facts about the proposal:
- 12 month trial period
- twice per week
- only for use by the landowner
- only using his Robinson R22 helicopter
- daytime only with limited hours
- private use only (i.e. a hobby)
- no passengers
- no flights over houses (aircraft are already permitted to fly over Bargara at 1000 feet)
- engine start to takeoff is less than four minutes
- landing to engine shutdown is less than two minutes
- total engine running time at the site would be therefore around 12 minutes per week
- no new buildings or structures
- subject to endorsement by CASA
- the immediately adjoining residents, plus
several others support an approval
- 33 objectors, most of them live well away from
the site
For readers who are not familiar with a Robinson R22 helicopter, it is a small two-seater, single-engined aircraft. In Australia it is used widely for training and mustering. Because it is around 500kg it requires relatively little effort to generate enough lift for flight and consequently it creates little downwash. It is no noisier than a leafblower or some lawnmowers.
Much of the community concern is to do with safety, and while not specifically stated, there is probably a fear of the consequences of an unlikely event of an engine failure. Most non-aviation people would probably believe that a helicopter would fall to the ground like a brick but this is not true. 'Autorotation' of the main rotor allows a helicopter without power to land safely and forms part of basic helicopter pilot training. YouTube contains many training videos for R22, including the following on autorotation:
Council’s planning department recommended refusal for the
following 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.
To the 'man in the street' this is probably a convincing and overwhelming list. Our professional view is that these are erroneous
or exaggerated reasons and do not constitute anywhere near an adequate basis for a
refusal. The accompanying report fails to satisfactorily explain the grounds.
Council is yet to decide the application.