Council Approval for Pvt Airstrips??

[nomorecatering]

What sort of council approval is required for a private airstrip on your own land on the outskirts of a small town.

Is there a specific approval required?

[airmuster]

I have a friend with a strip within 10nm of a strip used by RPT and to my knowledge has no problems. It would not be a council issue unless it is so close that aircraft noise is evident, or that the aircraft are too low for their liking when on approach or departure, OR they just want to make it hard for you.

How far will the strip be from outskirts of town?
How far to nearest ALA?
Any other strips in the vicinity?

[Victim Air]

I think it would be prudent to check the local authority use or zoning maps for your area. Depends on which State and local aurthority you're in.
Head into the local council office, go to the planning department, and ask to see the planning scheme. If that's a bit complicated, just ask to see one of the planners.
Often things that appear straight forward and simple end up expensive and complicated, especially if what you're doing gets the neighbours pi**ed off.
That's red tape for ya.

[poteroo]

Make a very detailed survey of all the property surrounding yours - where the houses are, where the powerlines are etc etc. Then, plot in your proposed strips - assuming you kinow the primary wind directions in the area. For starters, if you are likely to be 'close' traffic to houses or animals - expect objections.

But, if it looks reasonably low risk - bowl up to all your neighbours and advise them you are putting in an airstrip, and how you'll be avoiding nuisance to them. Sometimes the best way is to just explain your plans and that tends to cut off later objections about lack of communication.

I'd leave off talking to the local Council until you've done the neighbourly thing.

Another thought is to have a quiet chat to your local councillor/s and see how they respond.

good luck,

[Sunfish]

A certain gentleman here drew my attention to the 1921(22?) International convention on civil aviation of which Australia is a signatory.

Most (?) States ceded Aviation powers to the Commonwealth.

Upshot is that aviation is a federal matter and local councils have absolutely no power over where you land or takeoff from.

Buildings/ strips may be another thing.

OK I stand corrected,,,,,,,,

[VH-XXX]

Unforunately councils have ABSOLUTE power when it comes to shutting down an airstrip! (and they usually know very little about aviation) I know of half a dozen private strips belonging to flying buddies, most of them with no issues whatsoever because the owner spoke to the neighbours and they don't care. None of said strips bar 1 have council permits. A box of shortbread or bottle of plonk at Christmas or the occasional joy-flight for the neighbours go a long way to keep things running smoothly. I used to do this when operating from a 100 acre property and when flying low over houses on the approach.

One strip that I know of wasn't shut down by council however was limited by council due to neighbours complaints to one single aircraft coming and going only. Not a bad compromise, so no visitors allowed. Probably a blessing in disguise from a liability perspective.

Flying from your own property can be awesome and so very convenient, but you really need to consider what you are flying into it, like a Skyfox Gazelle at 60db versus a C206 at 120db...

[Jabawocky]

versus a C206 at 120db...

Or get a Jab....almost stealth like, especialy with that carbon prop:O

J:ok:

[Sunfish]

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?

[Flying Binghi]

If I am reading the various posts correctly, when you start to call the paddock that you are landing in, an airfield, airstrip, etc, thus giving a suggestion of being some sort of a construction, then some councils may get the idea they can interfere.

If you just say to local busybodies and council that you are landing your aircraft in the 'paddok', then there is probably no way for them to interfere.

(please note I'm not a lawyer, so my thoughts on this may not be correct)

[Bendo]

In NSW the local councils have the power to control land use by a state Act, the Local Government Act. The planning powers of the Local council can be over-ruled by the Land & Environment court, which is typically pro-development.

Sunfish nowhere in the Act, Regs or orders does it say where you can build an Airstrip or a HLS - that is not in their jurisdiction.
CASA do, however, define the dimensions, gradients, obstacle free areas etc required.

Local council is the planning Authority that allow you to build a shed, cut down a significant tree, or have a commercial workshop on your land.

no I suppose you don't have to get permission - An occasional aircraft touching down and departing would be a novelty for some - but if it is not sanctioned, becomes regular and the small minds object to it, letters from council will be followed by injunctions from the land & Environment Court.

[thunderbird five]

Councils, in Victoria at least, have no say in it according to a VCAT ruling a few years back down Colac way. I'll track down the ruling link. It's interesting reading. A mate just had a win for his own home strip, with his council admitting that they have *no* say in it. Planning permission is not required for a private airstrip. Helipad yes, private strip, no.
Stand by for a link to the ruling.....

[Sunfish]

Thank you Thunderbird, this matter is an extremely sensitive one for me, as I plan to buy another country property and fly to/from it regularly.

[thunderbird five]

Here goes:
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VCAT/2005/2267.html?query=^upson

The upshot is, build your own private airstrip (at least in Victoria), don't talk no nobody, particularly your council. All assuming of course, that your land is suitable.

Combine this with the recent TYABB ruling about hangars - we all know about that one do we?

[thunderbird five]

TYABB hangar ruling:

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VCAT/2007/1931.html?query=^vs%20mornington%20peninsula%20shire

Juicy bits for all in there.

[Blue Sky Baron]

If you think local councils cannot dictate the movements of aircraft you have never met the Mornington Peninsula Shire Council.

Look up their website and find the link to their aviation policy (or lack of).

There has been years of furore about where you can/ or more accurately cannot operate a helicopter on the Peninsula.

Too many greenies and do-gooders whinging about noise.

BSB :ugh: