After operating for decades without Noosa Council development approval, Noosa Airfield has appealed an enforcement notice issued to them by council to apply for planning approval.
During council’s Planning and Environment Committee meeting on Tuesday councillors heard the airstrip on Lake Weyba Drive, Noosaville, had obtained original town planning consent in the 1990s but that had lapsed “years ago“.
A rezoning approval sought by the airfield from the state government to operate as a Special Facility was never completed, officers told the meeting.
Council staff only became aware the airstrip was in use in 2016-17 when they investigated complaints of numerous trucks carrying fill to the site.
Their investigation discovered the clearing of vegetation and the placement of a significant amount of uncontrolled fill material and builders demolition material into a manmade waterway.
Officers said since then they had “encouraged“ the owner to submit a development application to operate the airstrip and issued formal notices to request the submission of an application but it had not been met with a satisfactory outcome, and the owner had appealed an enforcement notice to comply in the Planning and Development Court.
Officers said they have received recent complaints from residents near Lake Weyba about aircraft noise coming from the airstrip.
Noosa Today questioned several residents on Lake Weyba Drive about aircraft usage and was told they were aware of aircraft, mostly ultralights using the airstrip, they believed local airplane owners stored their aircraft in hangars on site and that the strip had been used by emergency service aircraft during emergencies including recent floods and fires.
The residents spoken to made no complaints about aircraft noise but said they had known the airstrip existed before they moved to the area. The airstrip is shut to public access.
Cr Brian Stockwell said the operator was basically claiming squatters’ rights – if you haven’t taken action until now, you can’t take action now.
Cr Tom Wegener asked if council would be liable if there was a crash and the airstrip was found to be operating without approval.
“Airstrips have safety issues around them,“ he was told.
“We aren’t a regulator of aircraft movements,“ Noosa chief executive officer Scott Waters told the meeting.
“Our role is about regulation on-ground approval.“
Officers said the planning scheme supported an airstrip on the site and there was nothing to indicate it was dangerous.
They said the Civil Aviation Safety Authority (CASA) had been advised the site approval had lapsed.
“Their response has been it’s for council to address,“ the officer said.
A spokesman for CASA said they categorised the private airstrip as an unregulated facility called an aircraft landing area (ALA) and they had no involvement in the issue.
“It is the responsibility of the ALA operator and /or a pilot to determine the suitability of the facility for use,“ CASA said.
In its appeal against the enforcement notice, Noosa Airfield claimed “council has consented to the use continuing; sought to recognise its existence through its planning schemes, and did not raise any concerns about the absence of approvals until 2018 and therefore it would be unreasonable to require Noosa Airfield to apply for a development approval“.
The appeal notice also suggests that residents’ complaints should be given little weight given the airstrip’s existence was well known in the locality and was consistent with the planning scheme’s intent for the site, informing the reasonable expectations of the community.
The issue has been referred to council’ general committee meeting next Monday for more discussion.
