Gympie council, Darren and Samantha Hocking in court over flights
Threats to shoot at aircraft have emerged as a year-long battle over light aircraft flights between a Queensland council and campground owners spills into court.
Gympie
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A couple’s micro flight aircraft is at the centre of a contentious clash with Gympie Regional Council which has now spilt into the courts amid allegations of threats and non-existent complaints.
The council has taken Darren Raymond and Samantha Michele Hocking to the Planning and Environment Court claiming they were flying their light plane at their Gunalda property without planning permission.
The couple own tourist park Hangar O, located on 64ha of land about 30km north of Gympie.
In an affidavit filed in court this week, the council alleges they continued using the aircraft for personal use at the property despite never having formal approval to carry out “air services” there.
The Hockings declined to comment at this time.
The affidavit submitted along with the initial claim reveal the clash between the Hockings and the council has been going for more than a year.
In November 2021 lawyers Mills Oakley sent a letter to the couple on behalf of the council informing them of their concerns about the use of the aircraft, including commercially, and the use of the land as a tourist park.
They asked the Hockings to either apply for planning permission, or stop any such activities at the block.
The Hockings applied for development approval to use the land for a tourist park, but not for air services.
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The affidavit reveals the next year became a battle over their continued personal use of a microlight “trike” and what constituted “air services” under planning law.
Lawyers CIF, on behalf of the Hockings, defended the couple against the council’s allegations claiming the Hockings had a right to conduct those flights.
Questions were raised as to the source of complaints against the Hockings, too.
In the second half of 2022, CIF lodged an administrative action complaint with the council about these concerns.
The complaint, published in the affidavit, says a Right to Information request did not turn up anything of substance.
They claim there “does not appear to be any material … identifying any complaint, objection, or concern by Gympie Council ratepayers in relation to our clients’ flying” in the 225 page document released as a result of the RTI.
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It says the Hockings were aware of only one complaint which came by text message, and from a person with ties to the council.
The complaint is a separate matter to the dispute in the courts.
A September letter from CIF, published in the affidavit, further claims the Hockings received an “abusive and threatening” phone call from a man about an “unauthorised flight” by a helicopter over their land.
“In that phone call, our clients were abused, and the caller threatened to shoot any aircraft that came near that neighbouring property,” the letter says.
It alleges the person who made the call has ties to Gympie Regional Council.
An October 2022 response from the council rejected the allegations it was motivated by “improper purposes”.
It says council is asking the couple “to comply with the law” and the other matters “will otherwise be addressed as part of a separate complaints process”.
In January 2023 the parties discussed a potential meeting to resolve the issue.
The council lodged its claims in the planning court on Tuesday.
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