Gold Coast City Councillor Brooke Patterson clears the air on controversial Helitours from The Spit
A helicopter tour operator has vowed to fight moves to shut his business down – and Bulletin readers are firing up over the debate. READ WHAT YOU HAD TO SAY AND A COUNCILLOR’S RESPONSE
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UPDATE:
A GOLD Coast City councillor has sought to clear the air on her stand regarding Broadwater helicopter flights after some readers vented about council action against an operator.
Newly-elected Southport councillor Brooke Patterson has contacted The Bulletin to provide comment after Facebook posts about the council crackdown on the Gold Coast Helitours operation from The Spit.
“To be clear, this investigation pre-dated last election when (my neighbouring division representative) Cr (Darren) Taylor and I were elected,” she said.
“The planning officers presented their findings to us last week, given the strong community interest in our divisions. These findings suggest, quite extraordinarily, that despite its longevity, the business never received City approval.
“Helicopter tourism is important to the Gold Coast and I appreciate this business was caught off guard.
“If the business is unable to show cause, they can submit a planning application for consideration.
“In the meantime however, residents expect and deserve the City to enforce its planning rules”.
EARLIER:
A GOLD Coast helicopter tour operator has vowed to fight council moves to shut his business down – and Bulletin readers are firing up over the debate.
Defiant Gold Coast Helitours (GC Leisure Services) owner Scott Menzies reckoned his operations were lawful and protests staged against his choppers could be attributed to a vocal minority.
WHAT THE READERS SAY
Brad: “The odd helicopter flying over is hardly cause for noise concern, i have one or two fly over several times a night, not every night, but most.”
Beverley: “Scotty is a very nice man. He tries to accommodate those who ring. However we must all live together and some of his pilots are just coming too close to buildings for comfort. The bumps and grinds every five minutes are over the top. I lived on our boat at the Yacht Club and did not complain but living in units right opposite while his passengers are being given the thrill of looking in our windows are a bit much. I love helicopters and always wanted to fly one but I was too busy to fit it in.”
Paul: “It’s a furphy saying the business will be closed down. It just needs to be moved to a more sensible location. But I do worry about the getting away with it for years angle. One can’t but help wonder what else they’ve been getting away with. Helicopter flying is risky.”
READ ALL THE COMMENTS BELOW
WHAT SCOTT MENZIES HAD TO SAY
“We’ve been basically shut for seven months and we’ve only just tried to start back up. This couldn’t happen at a worse time,” he said. “When you’re down and out and at your lowest point the council swinging the last blow into us is very unfair.”
He rubbished suggestions flights were impacting birds and said “the birdlife has been the same for the 30 years we’ve been operating here”.
Southport-based councillor Brooke Patterson took to her Facebook page last Wednesday to announce the council had taken action by issuing a Show Cause Notice to the firm on why enforcement should not be pursued.
She said “no approval of any kind had been granted”, despite Helitours flying for decades.
But some reactions on Cr Patterson’s Facebook page have criticised the action.
Helitours fan Simon Whitehead posted on her page: “I was rescued for free by Helitours after a jet ski accident.
“They have done a huge amount of community work, search and rescue, medevac, firefighting etc over the years. A thriving helicopter community is vital for the region if you were lying somewhere injured there would be no better noise than the approach of a helicopter coming to get you,” he said.
Cameron Sheldon said: “Very disappointed in this decision. These are local jobs that are well loved and iconic to GC tourism. Thought you would be trying to preserve tourism jobs in these times Councillor, rather than cripple more businesses.”
Mr Menzies said the notice was in his accountant’s PO box on Monday and he had been speaking to his lawyers to keep the tourism operation airborne.
“We’re asking for information from the council, that’s what the lawyers want, because they haven’t given us definitive answers to questions we asked earlier this year,” he said.
“We responded to the council last year. They never, ever responded to us. They’ve never answered our questions after we proved we’re operating lawfully. We’re at a standstill.
“We’re not grounded. We’re operating lawfully and we always have. Now we have to prove that we are.”
Mr Menzies said Helitours had until September 22 to respond.
“I would hope the Gold Coast would support us as an iconic tourism operator,” he said.
“Tourism is the heart of the Gold Coast and for people to try and shut down a long-term business with some technical legal point is very disappointing.”
Mr Menzies said he employed 14 people on a normal year, but has a smaller team because of coronavirus impacts.
Judy Knight thanked Cr Patterson on her page.
“ … totally inappropriate location for them taking off and landing on the Broadwater, causing noise and pollution,” she said.
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Debbie Miller celebrated the notice as “the best news!”
“I’m sure there must be a better place for helicopters to take off and land,” she said.
Cr Patterson was contacted, but did not respond before deadline.
A spokeswoman for the council said: “After lengthy investigations, City officers have determined a development offence has occurred and the helicopters are operating unlawfully. A show cause notice has been issued.
“The owner has until September 22 to “show cause” as to why an enforcement notice should not be given under s168 of the Planning Act, which would require the owner to cease the unlawful operations,” she said.
“The owners/operators may choose to submit a development application to try and lawfully establish the land use. This would be subject to Impact Assessment which allows for public submissions and gives appeal rights to the public/third parties.
“The City responded to the operator via a separate cover letter attached to the show cause notice.”
INITIAL: A COMMERCIAL sightseeing helicopter service boss is fuming at being grounded from taking off at their long-held Main Beach zone after marathon protests by residents.
The owner of Gold Coast Leisure Services (Gold Coast Helitours) Scott Menzies told the Bulletin he’d been “blindsided” by the move, which he linked to a “small minority”.
Southport-based councillor Brooke Patterson, in a Facebook “announcement” to residents, updated them on council’s investigation of the helicopter operation from The Spit’s luxury shopping precinct.
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“After investigation, it is council’s view that the use of the premises for air services is not a lawful use,” she wrote.
“Council has issued a show cause notice to GC Leisure Services Pty Ltd as to why an enforcement notice should not be issued pursuant to Section 168 of the Planning Act 2016.”
Mr Menzies disagreed his operation was not compliant and was continuing to fly, despite the notice. He said he had not received official correspondence from the council.
“But I know about it because it was sent to me third-hand and was on social media,” he said.
“It’s very disappointing the council and the councillors have actually expressed their concerns and told their electorate of the impending notice on me when I haven’t even received it. It feel it’s very unfair that they can make comment about things they’ve never even spoken to me about. They’ve never rung me with their concerns, Cr Taylor and Cr Patterson.
“The council approached us late last year with the same questions and we responded to them, with our legal team and they had no further questions. I thought surely someone would’ve called me. We don’t know where we stand or the details.”
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Mr Menzies said tourism operators are struggling more than ever in the pandemic and the notice was another blow.
“We’ve been operating on the Gold Coast for more than 30 years, we’re a major tourism player on the Gold Coast. We have been blindsided.”
“It’s very much a minority having a crack at us,” he said.
The Bulletin understands the operators could reapply for a service through a fresh application to council. The response from locals has been divided on the decision.
A resident posted on Cr Patterson’s page: “Very disappointed in this decision. These are local jobs that are well loved and iconic to Gold Coast tourism. Thought you would be trying to preserve tourism jobs in these times councillor, rather than cripple more businesses.”
But others voiced strong support. “Great result. They just need to move to less intrusive location,” a resident said.
Another resident wrote: “Good one. I took family visiting from Europe to Fishos last November and they were very irritated by the constant helicopters flying overhead. It was not relaxing at all.”
Main Beach Association leader Sue Donovan said residents and businesses were “thrilled” after months of receiving knock-backs from a multitude of Government agencies.
She said the operators of the Helitours operation based at Marina Mirage would be required to show proof of a valid application approval from the council.
“This decision does not apply to the helicopter operations out of SeaWorld,” Ms Donovan said.
“We realise that this decision may not be the end of the story, as the operators may now apply for approval after going though a process that assesses the impact on the community.
“However, it is a welcome respite from the incessant noise caused by 5-minute joy rides that has made life a misery for those in the flight path. Hopefully the operators will be able to re-establish themselves at a another location that does not impact the lifestyle of those in the surrounding area.’
Ms Donovan said tourist businesses were important for the Coast’s economy but not at the cost of physical and mental wellbeing of the community.
“We are extremely grateful for the efforts of our local councillor, Darren Taylor, whose persistence has resulted in this excellent outcome,” she said.
Nearby seafood restaurant Omeros Bros manager Robert Rank said before COVID-19 “it was like being on an airport runway.”
“I believe it’s not the best area for it,” he said.
“It creates a lot of noise, not just for us and our clients but also Main Beach residents,” he said.
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