Noosa Council goes to court over controversial Noosa air strip
The Noosa Council has taken a regional airfield operator to court in a bid to stop planes landing at the controversial site.
Police & Courts
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Noosa Council has made a strong move against a controversial airfield by taking the owners to court over allegations it’s using the land unlawfully.
The Noosa Aerodrome, on Lake Weyba Dr, Noosaville, has long been a subject of controversy with residents complaining about the noise.
Noosa Council has applied to the Planning and Environment Court with claims the owner of the airfield is using the space unlawfully.
Documents stated Noosa Council applied to the court on January 25 to have the land owners, Noosa Airfield Pty Ltd and its director Robert Clive Linke, cease using the Noosa Aerodrome until they get a necessary permit and to return the land to its condition before allegedly breaching the planning act.
Council claims, according to court documents, the land was the subject of a 10-year town planning consent permit, which expired on July 22, 1985 unless Noosa Airfield and the council at the time agreed to extend it another decade.
The council claims there was no record of council agreeing to this, and therefore the air strip was being used unlawfully under environmental laws.
Council said residents had also complained about noise and a number of aircraft using the development disturbing their peace, and that the airstrip should not be in use without a permit.
The council also claims the owners of the airport at the time – not the current owners – sought to rezone the development to a special facility in 1994, but there was no record of this being granted and the owners had not completed one of the conditions of approval.
The documents stated an appeal for a council-issued enforcement notice was in the process of being appealed in the Planning and Environment Court, and that the owner was relying on the historic use of the land, including claims the rezoning was approved, that use of the land may continue to occur.
Council claimed in the documents the then owner was aware of why the rezoning would not be approved and had not raised this issue with council despite being given the opportunity.
The documents stated the air strip was zoned for community facilities under the Noosa 2020 plan and, in order for the land to be used for air services, it needed a development permit.
The development did not have this permit, the council claims in documents, yet was used for air services anyway.
The documents stated it was for these reasons a development offence under the planning act had been allegedly committed.
Noosa Airfield Pty Ltd’s director has been contacted for comment.
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