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Shire issues Stop-Work Letters to Tyabb

 

7 June 2019

 

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One of Victoria's most vibrant GA airports, Tyabb on the Mornington Peninsula, has been effectively ordered to shut down by the local Mornington Peninsula Shire Council.

 

The shire has issued letters to all operators on the base including the Peninsula Aero Club (PAC) and maintenance companies telling them to stop work because the council can't find the permits that have allowed the airport to operate for more than 50 years.

 

"PAC is facing one of our most important fights to defend our rights to be an airport," PAC president Jack Vevers told club members. "We are under a blunt and aggressive attack by the Mornington Peninsula Shire Council.

 

"On Monday this week, without warning or consultation, the club and other businesses on the airport received letters from the shire to stop work.

 

"The Shire has raised concerns that it is unable to locate permits which allow the Club to continue to operate as it has been doing for more than 50 years."

 

These missing permits are believed to include those that allow:

 

  • the use of the land as an Airport or Airfield
     
  • the operation of the flying school
     
  • a transport terminal
     
  • a place of assembly
     
  • a major sport and recreational facility
     
  • a major events facility (the biennial air show).
     

 

A number of the maintenance facilities have also been directed to stop work, which PAC believes could impact families and jobs.

 

"If these stop-work notices were to be enforced it would mean a massive loss of jobs and damage to local families and surrounding businesses," Vevers said.

 

"This is a direct response to the continuous attacks from the anti-airport faction and the shire appears to be attempting to thwart the potential for these businesses to access their existing use rights.

 

"The shire’s approach has been bombastic to say the least, and in some instances over the past few weeks, may have been unlawful with regards to our permit applications.

 

"It is our contention that PAC has permits and rights to support all of these functions and we will be defending our rights of existence after more than 55 years."

 

A meeting of all members of PAC has been called for Tuesday 11 June to discuss the council action.

 

 

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That is bad news. Isn't that where Darren Barnfield is based?

Spoke to him a month go, he is based there. Foxbat there, too.

 

Cheers,

 

Jack.

 

 

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I thought last week's "church hour" requirement was ridiculous. I can't believe the council has managed to even out do that. Seriously beggars belief.

 

Terrible for anyone hangered there. Devistating for the maintenance and sales Businesses based there.

 

I just hope VCAT provide a prompt and sensible ruling.

 

 

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This is taken from the Wikipedia entry for the town of Tyabb:

 

The airfield provides access to the area for all emergency services and is an important part of the town's economy being the largest employer in the district.

 

A reading of the Wikipedia entry suggests that Tyabb, only 60 kms from Melbourne has become a "trendy" destination for Melbournians to sip coffee and buy antiquey stuff. Recent residential development is no doubt the reason for the Council's attack. It seems that caveat emptor is never in the minds of people who want to move to the area.

 

A look at the layout of Tyabb airfield suggests that it was a wartime field.

 

This is interesting: TYABB SKIES REMEMBER IN SILENCE – Mornington Peninsula Bandicoot

 

 

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If this happens it will be a tragedy as It's one of the best set ups about.. You can stack a council and determining to close up such a show on a simple majority of councilors vote is too easy and unstable an environment to capitalize a venture on. Uncertainty on airport tenure is widespread and critical in Australia . Local Councils performance is not generally seen as very creditable and few external audits give them a high score in community satisfaction performance ratings. Nev

 

 

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Sounds like it is time for a class action from all businesses & hangar owners based there. Compensation for breach of lease, income and future earnings etc could be many millions. If the council can't find the permits that is their problem not that of those who have been approved by council to operate there.

 

 

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Well they have been operating for a long time as if they DID have permits and collecting rates etc. Perhaps they will be refunded as they were collected under false pretences. Had the tenants known of the uncertainty of tenure they certainly would not have "invested" the capital they have, would they? Nev

 

 

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This is taken from the Wikipedia entry for the town of Tyabb:

 

The airfield provides access to the area for all emergency services and is an important part of the town's economy being the largest employer in the district.

 

A reading of the Wikipedia entry suggests that Tyabb, only 60 kms from Melbourne has become a "trendy" destination for Melbournians to sip coffee and buy antiquey stuff. Recent residential development is no doubt the reason for the Council's attack. It seems that caveat emptor is never in the minds of people who want to move to the area.

 

A look at the layout of Tyabb airfield suggests that it was a wartime field.

 

This is interesting: TYABB SKIES REMEMBER IN SILENCE – Mornington Peninsula Bandicoot

It was built by Bill Vowell who owned a helicopter business. He also built a motel next door and encouraged weekend flights from Moorabbin

 

 

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This is a Local Government issue between the Council and the owners/operators, so not a Federal jurisdiction issue.

 

You would expect the owners/ operators to be able to produce their copies of the documents the Council can’t find, but if that can’t be done there area things like existing use rights. Mornington Peninsula also seems to be the top location in Australia for Adverse Possession, but hopefully this will all sort itself out.

 

 

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I just spoke to a Mornington Peninsula Shire local. They noticed a lack of airplane noises but had no idea why. About an hour ago Jack Vevers, pres. of PAC posted a message on fuzz book. I'll not link it here as those interested will most likely have already seen it.

 

I wonder, given that there are no NOTAMs for this airfield, can one still land at Tyabb? Also, given this field is not certified and a full NOTAM service is not available, how would a transiting pilot know not to go there if a PPR was already given? (Apart from seeing two big X's bulldozed into the approach end)

 

Final question, have MPSC declared firefighting aircraft and medevac "a business" and therefore subject to the same orders?

 

 

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No one can stop you landing there, if you have declared an inflight emergency?

 

Cheers,

 

Jack

 

 

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I just came across a report published by the Mornington Penisular Shire Council in July 2017 called the Tyabb Airfield Precinct Plan.

 

Among other things it details the approvals and conditions that the Airfield is operating under from 1965 to 2017.

 

So I am not sure what the fuss is about.

 

file:///C:/Users/John/Downloads/171707psc_att_21_1.pdf

 

To me it reads like the approvals are documentented and well established.

 

 

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I have had a look at the PACs facebook page and the whole issue is totally absurd. A 40 year old rule regarding a so called "Holy Hour" (No flying on Sunday between 9.30am & 10.30am) is being re- enforced when the Church is no longer operating, having been sold 28 years ago and is now a cafe. Unbelievable but true. Details below.

 

1560056914152.thumb.png.88a132d8de3edeb5a3c003f595e6089e.png

 

Consequently due to the pathetic bureaucracy the club has had to issue this statement

 

From last week's Tyabb Flyer you will be aware we had, with encouragement from Shire staff, applied to MPSC to remove the redundant Church Hour from our permit as it has not been observed for more than 40 years and the church was sold 28 years ago.

 

In a turn-around, Council intended to impose excessively restrictive unrelated conditions to approve our application.

 

Our legal counsel had advised us to withdraw our application and refer the matter to VCAT which we have now done.

 

Therefore we have no option but to request no take offs or landings within that hour.

 

As a consequence :-

 

• We are considering opening the flying school at 7:30am on Sundays so as not to lose income from weekend flying.

 

• All aircraft returning to or arriving at the airport and unable to be on the ground before 9.30am will need to wait in a holding pattern on the dead (western) side over Boes Rd until after 10:30am.

 

• If you find yourself low on fuel you are required by the CARs to declare a Fuel May Day emergency and land.

 

• If you are planning a cross country flight departing on any Sunday between 9.30 and 10.30am, consider departing at least an hour early so as not to violate this time slot.

 

This situation is likely to remain unchanged until later in the year when VCAT hear the matter.

 

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Sounds like it is time for a class action from all businesses & hangar owners based there. Compensation for breach of lease, income and future earnings etc could be many millions. If the council can't find the permits that is their problem not that of those who have been approved by council to operate there.

Now aren't the permits kept in the archives. The council is not very diligent when it looses something like that.

 

So what are the councillors doing?

 

Do they go along to the council meetings for a free lunch?

 

Do not need to be a rocket scientist to under stand an airport is an important asset/service industry.

 

KP

 

 

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Not a good idea going to VCAT, particularly when it should, in my experience, have Existing Use Rights for what it's been doing for 40 years.

 

In that Hearing the Member can decide anything, including restricted hours at other times.

 

 

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Not a good idea going to VCAT, particularly when it should, in my experience, have Existing Use Rights for what it's been doing for 40 years.

 

In that Hearing the Member can decide anything, including restricted hours at other times.

A local council palmed off noise complaints to the EPA which made a ruling regarding flight times, number of circuits, etc.

 

Now NO ONE, including the council has any room to manoeuvre or negotiate changes.

 

Everyone's hands are tied.

 

 

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It’s the old people who bought houses near airports syndrome and now complain. Well, maybe it’s time to go do training at Tullamarine and clog up their air traffic with circuits etc. Submit that to the EPA as an alternate plan.

 

Maybe it’s time to swamp the local state govt member with letters, if the outcome is not workable as it has been for many years.

 

Cheers,

 

Jack.

 

 

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Victorian Civil and Administrative Tribunal (VCAT).

 

The purpose of the Victorian Civil and Administrative Tribunal(VCAT) is to provide a low cost, accessible, efficient tribunal with a focus on dispute resolution. VCAT has three divisions: civil, administrative division, and human rights. The administrative division determines applications from people seeking review of government decisions such as local council land valuations and planning permits, state taxation, business licences and professional registrations, and worksafe assessments. All appeals of a VCAT decision can be made in the Supreme Court of Victoria but only on questions of law.

 

 

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I just came across a report published by the Mornington Penisular Shire Council in July 2017 called the Tyabb Airfield Precinct Plan.

 

file:///C:/Users/John/Downloads/171707psc_att_21_1.pdf

Thou shall not copy-and-paste PDF files from your C: drive...078_pc_revenge.gif.d12a2971f1474264a383018fa3ce88da.gif 006_laugh.gif.d4257c62d3c07cda468378b239946970.gif

The actual file can be found HERE.

 

 

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It would be interesting to know the "who" within the council structure is pushing this and their connections. This type of event stream always has a backstory.

 

 

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