Takeoffs and landings at Highland Heritage to grow from seven a week to 90

Orange City Council rejected the increase in October last year due to noise and visual impacts and a failure to justify why operations could not occur at Orange Regional Airport.

But on Tuesday, chief judge Justice Brian Preston court ordered for conditions of consent be drafted.

Justice Preston noted applicant Nessdee had submitted amended plans for flight paths and landing sites in different weather conditions.

“With these amendments to the proposal and mitigation measures, I find that the proposed heliport will not cause unacceptable impacts,” he said. 

Permitted helicopters would only include single-engine aircraft with a maximum weight of three tonnes.

There would be a maximum of 20 take-offs and landings a day and Justice Preston ruled to limit hours of operation to 7am-10pm.

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Helicopters would need to keep a horizontal distance of 250 metres from neighbouring houses, and 305 metres vertically, with low-level training banned within four kilometres of the estate. 

“Residents who objected to the proposed heliport spoke of the unpleasant experiences in the past of helicopters flying close... over their homes,” Justice Preston said.

“This condition and the conditions prescribing flight paths should reduce these occurrences in the future.”

Justice Preston rejected the council’s contention impacts could be avoided if heliport operations occurred at the airport because heliports were allowed within the council’s E3 environmental management zone, but not in the state’s standard definition for E3.

“The council made a deliberate strategic planning decision to especially include air transport facilities and helipads,” he said. 

“The mere existence of an alternative site... is not sufficient reason to refuse an application for development at the site proposed.”

A hearing for the consent conditions has been set for December 19. 

Council spokesman Nick Redmond said the council’s decision to consistently oppose the development reflected significant community concern about the operation of a heliport in the vicinity.

“While the process of bringing the matter to court did produce concessions which will reduce the impact of the development on the area, the court’s decision is still disappointing,” he said. 

“This decision is a reminder to the community that local councils are only one decision-making layer in the administration of our state’s planning laws.  

“Despite this defeat, the council will continue to reflect the interests of residents.”

The D’Aquino Group of Companies owns the estate and did not respond to requests for comment and operator Helicruz could not be reached.

Neighbour Gavin Alston, who was a respondent in the case, declined to comment.