VH-XXX, your advice about the neighbours is spot on. I'd like to see chapter and verse about Councils having power to prohibit, followed by the high court judgement. Victoria ceded powers over aviation in 1921 (22) to the Commonwealth around the time Australia signed the Warsaw convention, hence the State Government has no power to make laws regarding aviation at all, let alone delegate any power to a local council.
A Council may
purport to have such powers, but I'm not aware that they have them. You can land anywhere, anytime is my understanding. Carrying on a business or building a hangar, that's another thing.
This is a quote from a private message on the subject from a gentleman who went through the process of building his own strip and hangar:
Any council planner will tell you no categorically but they cannot stop you landing an aeroplane or helicopter anywhere you like as per the "warsaw convention" of the 1920's . We have had this problem in XXXX with NIMBY attitude in XXXX council . They do not have the power to stop you as it is part of an international treaty which Australia is signatory to.
Lindsay Fox lands his helo at Portsea all the time, much to the anger of his neighbours.
On a related subject, Victorian police have occasionally taken an interest in the doings of VH registered aircraft - also something that is none of their business unless they suspect a crime is being committed. Our friendly local seaplane operator has had to argue with water police over whether he is under their jurisdiction when taxiing (and hence supposed to carry oars, buckets, flares, distress sheets, etc. etc, etc).
AFAIK we are required to answer to CASA, the AFP and not much else.
To put it another way, where in the Act or the CASA regs does it say that you require approval from a local council or state government? Has CASA delegated any of its powers to local councils? I think not.
Any lawyers around?