More on Tyabb Airport.

[red750]

The Mornington Peninsula Council walked out of a VCAT hearing with Peninsula Aero Club about the dispute over Tyabb Airport. Read more here.

[facthunter]

Would have thought doing that is pretty poor form. All power to your arm Jack. Nev

[kgwilson]

Looks like sour grapes over losing the first round and some political posturing to try and gain an advantage using PACs structural instability. Hopefully PAC will resolve their internal issues, come out stronger and whack the local authority for six.

[RossK]

Not actually a walkout according to PAC, the council have withdrawn!

Extracts from the lastest Tyabb Flyer;

"At the VCAT Direction Hearing today (19/3/21) the Mornington Peninsula Shire Council (MPSC) has taken the extraordinary step of withdrawing its enforcement application against Peninsula Aero Club (PAC)."

 

It's not over, PAC hitting back;

"This latest action suggests the Shire recognised it had little to no chance of success in winning the enforcement, which raises concerns about whether this could be considered a misuse of legal process in order to force the airport operators into capitulation. 
PAC said they will be making an application for costs, which will be substantial, and may lead the way for others to seek damages for loss of income, reputation and other losses. Unfortunately, these potential costs will all be paid by the ratepayers of the Mornington Peninsula."

 

Edited March 24, 2021 by RossK

[facthunter]

The ratepayers can only blame the council , their advisors and who they were helping for That. Nev

[Jerry_Atrick]

What is the issue with Tyabb? I can see the council want it shut down, but why? It's not in the most populated area and from memory, it is sort of light industrial/agrigultural around there. I noticed in the article someone was complaining residents didn't get their democratic day in court? What's the beef?

 

 

[old man emu]

2 hours ago, Jerry_Atrick said:

What's the beef?

An open area of flat land that is ripe for residential development by developers closely associated with decision makers. Need one say more?

[RossK]

8 minutes ago, old man emu said:

An open area of flat land that is ripe for residential development by developers closely associated with decision makers. Need one say more?

Phillip Island closed because it was bought by a developer but his plans were blocked by the council. He stopped maintaining it out of spite and now the strip is closed. Fling wings only now.

I believe his plans are to basically wait until the council gives in.

[turboplanner]

5 hours ago, Jerry_Atrick said:

What is the issue with Tyabb? I can see the council want it shut down, but why? It's not in the most populated area and from memory, it is sort of light industrial/agrigultural around there. I noticed in the article someone was complaining residents didn't get their democratic day in court? What's the beef?

 

 

Council allowed residential developent around it. My recommendation if you are proposing to build an airstrip, and where the Zoning allows this as a permissable Use, is to add a clause reserving an area extending out past the circuit area to retain the current Zoning until such time as all aviation activty ceases.

 

So in 15 years time when residential development is creeping towards your field, it will stop with enough distance from the circuit area, that there is no argument about noise.

 

What has been happening is owners have been reserving just the paddock they own, so when the inevital happens and suburbia gets close it creps under the circuit flight paths and people start to complain and organise to boot the airfield out of "their" new residential area.

 

A party withdrawing from a VCAT Hearing is a relatively new trend. VCAT (and all the equivalents in other States and Territories) was set up as the "Peoples' Court" to handle small claims at low cost. There was a fee of about $20 to request a Hearing and you could pull on a Council or multi-million dollar developer and quite often win. However, to "reduce red tape" (stop this) an $800 fee was introduced, and more recently, if you lost a case costs could be awarded against you.  

 

My local Council recently opted not to take a developer to VCAT after the developer threatened potential costs of hundreds of thousands of dollars, so we are now getting a development with health risks, and as a small Club or individual you have to think twice about taking someone to VCAT even though you may be morally correct.

 

So even though, in this case, the Council's withdrawal was good news, in your own district you could be facing a similar situation in reverse if you decided to take the Council to VCAT.

[old man emu]

The Law belongs to those with the deep pockets. Morality has no worth.

[facthunter]

You get NO justice Only LAW and that's IF you are lucky. From experience Councils poorly prepare for VCAT procedures. Most of them wouldn't last a day in a REAL job. It's a sheltered workshop  example. VCAT don't stick to their own rules either. .  Nev

[Jerry_Atrick]

UInsure about Aus, but over here, councils don't tend to pay the best, so they get monkeys... 

[turboplanner]

1 hour ago, Jerry_Atrick said:

UInsure about Aus, but over here, councils don't tend to pay the best, so they get monkeys... 

Here, they usually not only pay upmarket solicitors, but frequently employ Barristers to present to the Tribunal.

I won't say what the common mistake is, but that is more of a help than a hindrance.

The downside in Councils and Developers doing that is that it introduces big costs, hence the new trend of trying to reef them back with a win, or walking away if the case looks week. It adds another dimension to these cases.

[turboplanner]

*weak

 

[Methusala]

Try this!!!

[facthunter]

Aeroplanes and people have sex outdoors. Please explain!!!. I thought those female students were interested in flying. NOW, when it's too late , you tell Me it's my body they were after.  Nev

[Thruster88]

The sign is designed  for farming property and farm animals.  

[Jerry_Atrick]

You mean I wasn't meant to have sex in the Moorrabbin airport carpark????????

 

(Good thing, then.. and I hadn't and thought I was missing out!)

[kgwilson]

If you had you would be eligible to join the ground high club.

[facthunter]

See  Level. Nev