Peninsula Aero Club - Enforcement Order currently in VCAT

Due to the current Shire Officer initiated enforcement order process currently in VCAT and decisions yet to be determined, I will refrain from making opinions and comments that speculate on any outcomes of the VCAT proceedings because:

1.  The VCAT proceedings refer to compliance matters being dealt with by the operations of the Shire which come under the remit of the CEO and Council Officers in accordance with the applicable Local Government Act

2.  The Councillor role during this process is not an involvement in the operational nature of executing the compliance matter at VCAT, that function belongs in the remit of Council officers and the legal team.

3.  The Councillor role is to ensure that when all decisions are handed down by VCAT and brought back to Council briefing that strategic decisions made by the “Council” represent the best interests of Tyabb Airfield, the PAC and the community.

I very much look forward to a successful resolve on this matter going forward into the future.

In summary, what has led to the VCAT Enforcement Order:

• Over many years there has been a lack of consistent and clear clarification around the operations of the Tyabb airfield (1963-2020)

• The need to once and for all clear up ambiguous conditions under which the airfield has operated in the past and going into the future, as well as overcome failed attempts in negotiation with the PAC, the Shire has lodged an enforcement order application with the Victorian Civil and Administrative Tribunal (VCAT) to obtain an independent adjudication for clarity on the Tyabb Airfied and for the benefit of the Peninsula Aero Club (PAC) and the for the community.

• This process does not mean that at any time the Shire has wanted to close down the Tyabb Airfield or the viability of the PAC. In fact, the Shire has sought to help the PAC to clear up any ambiguity in operations, planning and permit requirements to secure their operations on the site and address the concerns around the Tyabb Airfield to the satisfaction of the community.

• The Mornington Peninsula Shire is the responsible authority for the Tyabb Airfield within this municipality, and as such, Council, through its operations, has an obligation and a duty to provide clarity to the community about current operations and future development plans.

• Some decision points though require an independent legal ruling which this VCAT process will provide.

• Council has been seeking clarity for some time around the three permit conditions in question, as evidenced in this quote from a VCAT appeal in 2011: “:68 A review of the three permits and associated conditions indicates that there are potential conflicts between these conditions. Not the least being when and what aircraft may operate under the three permissions. The Council and PAC indicate that an omnibus permit is being contemplated. I would encourage this. It would provide clarity to all parties, the Council, PAC and community about the ongoing regulation of this land’s use.”

• Council adopted a Tyabb Precinct Plan (2017)

• Council is seeking the development of an airfield master plan, as recommended in the adopted Tyabb Airfield Precinct Plan, and which has previously been supported in principle by the PAC, to provide clarity and certainty about current and future airfield operations. The PAC has been involved in these discussions and have been given every opportunity to remain involved. Refer to Discussion regarding the need to focus on the preparation of the Airfield Master - Tyabb Airfield Community Reference Group MEETING 4 5.30 to 8.00 pm, Wednesday 13 March 2019 Mornington Peninsula Shire - Hastings Office  https://www.mornpen.vic.gov.au/files/assets/public/new-website-documents/building-amp-planning/strategic-planning/docs/tyabb-airfield/tyabb-airfield-crg-mtg-4-13mar19-minutes-final.pdf

• Peninsula Aero Club v Mornington Peninsula SC [2020] VCAT 877 (1 September 2020) decision: “The Peninsula Aero Club has existing use rights for the continued use of the ‘authorised landing ground’ and aircraft landing ground’ at the subject land (Tyabb airfield ) between the hours of 9:30am and 10:30am on Sundays for the purposes of aircraft departures and landings.”  http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2020/877.html?context=1;query=tyabb%20airfield;mask_path=au/cases/vic/VCAT

NOTE: In a report to Council on 20thMay, 2019 Officer’s supported the removal of the outdated “church” hour condition from the three key planning permits when the PAC lodged an application to amend them pursuant to s.72 of the Planning & Environment Act 1987.

Unfortunately, the PAC decided to withdraw their applications when the report was published as part of the Agenda for the Planning Services Committee meeting. Ref: 4.1 P65/0002.08, P72/0268.08 and P61/7308.19 – Tyabb Airfield Permit Amendment Applications – Planning Services Committee – 20th May, 2019 https://www.mornpen.vic.gov.au/files/assets/public/new-website-documents/about-us/meetings-amp-minutes/2019/minutes-2019/planning-services-meeting-minutes-20-may-2019.pdf

Hope this helps to answer any questions you may have. If you would like to discuss further you are most welcome to call: 0466 282 573 or email: [email protected]

Vote 1 CELI, Antonella for Seawinds

Authorised by: Antonella Celi, PO Box 61, McCrae, VIC, 3938