PPRuNe Forums - View Single Post - Legal Question - Flying From Private Property?
Old 11th Apr 2011, 10:21
  #22 (permalink)  
John Eacott
 
Join Date: Aug 1999
Location: Gold Coast, Australia
Age: 75
Posts: 4,380
Received 25 Likes on 15 Posts
Sunfish,

Land use is the all important criteria, as already mentioned. Victoria being the nanny state that it is has too many roadblocks to Enjoying Yourself, it's just not allowed these days!

I have 'grandfather' rights to helicopter operations in my property, and was also the only industry support that Lindsay Fox received during his appeal to the Mornington Shire's decision to stop him using his pre-existing landing area. The objectors tried to argue that his pilot and I hadn't landed there when we claimed as they hadn't seen us do so: the Judge was quick to put them back in their box, and found in Fox's favour. To the chagrin of Mrs Ballieu and company....

Interestingly, one item that objectors inevitably try to use and is always rejected by VCAT is the property values argument. What will always carry a lot of weight, though, is the 'loss of, or perceived loss of amenities' case. Essentially noise, traffic, etc come into that argument and it is a very powerful one when used in VCAT. So make sure that no-one will be able to use it
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