June D’Rozario & Associates Pty Ltd A.C.N 009 644 240

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APPLICATION FOR DEVELOPMENT CONSENT TO USE LAND FOR HELICOPTER PERSONAL TRANSPORT PORTION 2921 HUNDRED OF BAGOT (1093 MCMILLANS ROAD, KNUCKEY LAGOON) _____________________________________________________________________ 1. NATURE OF THE APPLICATION

The application is made under section 46(1) of the Planning Act 1999.

The application is for consent to use a helipad on the site of a rural living dwelling for travel by the owner by helicopter to a work place, and to store 3 helicopters owned by the site owner.

Portion 2921 contains a rural dwelling and outbuildings, including a hangar for helicopters. The owner wishes to use his helicopter for personal travel to his Bullo River cattle station, generating not more than 18 movements (take-offs and landings) per month.

As a mode of personal transport between home and work place, the proposed use is either ancillary to the primary use of Portion 2921 (single dwelling) under clause 2.9 of the NT Planning Scheme, or it is a use that is not shown on the relevant zoning table and would require consent under clause 2.2.

Clause 2.9 – Ancillary Use and Development

Portion 2921 is zoned RL (Rural Living). The lot contains a single dwelling, which is the residence of the lot owners, and outbuildings.

Single dwelling is permitted without consent in Zone RL.

Clause 2.9.1 says that : Where a use or development of land is permitted without consent, an ancillary use or development which would require consent if proposed as the primary use or development, is also permitted without consent provided it complies with the provisions of the clause (if any) specified opposite the use or development in the relevant zoning table.”

There are no clauses specified in the Zone RL table for the proposed use.

June D’Rozario & Associates Consulting Town Planners & Economists Unit 2, 85 Cavenagh Street, Darwin NT Australia 0800 GPO Box 780, Darwin NT Australia 0801 Telephone 08 89 81 1284 Facsimile 08 89 81 1296

Email drozario@ozemail.com.au

Consulting Town Planners & Economists

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As noted above, the owner uses a helicopter on a few occasions each month to travel to his cattle station. This is a mode of personal transport; accordingly, the use of the helicopter is ancillary to the primary use of the land as a single dwelling.

Under clause 2.9, the ancillary use is also permitted without consent.

Clause 2.2 – Permitted, Self Assessable, Discretionary and Prohibited Development

Clause 2.2.4(b) provides that a use or development requires consent if, subject to clause 2.2.5, the use or development is not shown on the relevant zoning table.

The use of a helicopter on land zoned RL is not shown in the table to Zone RL. As the land is not zoned SD, MD or HR (the subject of clause 2.2.5), the use is not prohibited.

Thus, if not for clause 2.9, the use of a helicopter in Zone RL would require consent.

The consent authority wrote to the owners on 16 July 2015, saying : “I confirm the advice that establishing a helipad to facilitate the landing and taking off of helicopters is development, regardless of whether it is for personal or commercial purposes and requires a development permit.”

Without derogating from the relevance of clause 2.9 to the site owner’s situation, this application is for development consent to use the helipad for up to 18 movements per month, and to store up to 3 helicopters on the site in order to put the matter beyond doubt.

2. LAND DESCRIPTION The land is situated at 1093 McMillans Road, Knuckey Lagoon, as shown in the locality diagram in Figure 1.

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Figure 1 : Locality diagram

The land has an area of approximately 1.85 ha, and a boundary to McMillans Road of approximately 69.03 m.

In 1983, McMillans Road abutting the site was widened to 60 m by excising about 20 m from the frontage of abutting lots, as shown in the extract of the survey plan in Figure 2.

The land is level and is developed with a single dwelling and outbuildings, including a shed with dimensions of approximately 13.8 m x 14.4 m, which is used as a hangar for helicopters owned by the site owner.

The use of the land previously included a mango orchard, but the orchard has been cleared of this use since at least mid-2009. The site is now in a cleared condition, with amenity plantings concentrated around the dwelling and its immediate surrounds.

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Figure 2 : Extract of Survey Drawing S83/142B

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The land is zoned RL (Rural Living). The lots abutting Portion 2921 are also zoned RL, as is all the land, with the exception of Portion 2915, bounded by McMillans Road, Stevens Road, Brandt Road and Farrar Road.

Portion 2915 is zoned SL1, which, in addition to the development permissible in Zone RL, authorises the use of the land for a stock feed warehouse with floor space up to 400 m2, home based contracting up to 300 m2, and the storage of 6 vehicles and 6 equipment trailers used in connection with home based contracting.

McMillans Road is zoned M (Main Road), and land to the south of McMillans Road, opposite the site, is zone R (Rural).

The land surrounding Knuckey Lagoon is zoned CN (Conservation).

An extract of the zoning map is in Figure 3.

Figure 3 : Extract of Zoning Map

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The site is in a locality that consists predominantly of single dwellings and outbuildings on 2-ha lots. There are a few lots that are used for non-residential purposes in conjunction with rural living. These include the warehouse and larger home based contracting business at Portion 2915, a landscape contracting business at Portion 4923 (20 Farrar Road), and an earthmoving equipment and supplies depot at Portion 4544 (35 Stevens Road)

3. DETAILS OF THE PROPOSAL

The site owner lives at Portion 2921, and owns Bullo River Station, from which a Brahman cattle herd is raised, and a tourism business is conducted. The owner travels between his home and Bullo River by helicopter on a few occasions each month. In September 2015, three trips were taken between the site and Bullo River by helicopter. No passengers are or will be carried for profit between the owner’s home and work place.

The application is for consent to use a helipad on the site for up to 18 helicopter movements per month from Portion 2921, and to store up to 3 helicopters in a shed on the site.

The number of helicopter movements equates to a maximum of 9 return trips in any given month.

The take-offs and landings will be from a helipad shown on the attached drawing. The drawing shows the flight paths in westerly and easterly wind conditions.

All helicopter movements will be in daylight hours.

The shed in which the helicopters will be stored has dimensions of approximately 13.8 m x 14.4 m, giving a floor area of about 198.7 m2.

Fuel for the helicopter will be stored in drums in the existing shed on the site. The volume of fuel to be stored on the site will not exceed 400 litres. This is equivalent to 2 x 44-gallon drums. Fuelling will be by hand pumps.

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4. MATTERS TO BE TAKEN INTO ACCOUNT Section 46 (3) sets out the matters to be addressed in a development application. Section 51 sets out the matters to be considered by the consent authority. (a) the Planning Scheme as it applies to the land to which the application relates - s. 46(3)(a) and s. 51(a);

The land is zoned RL – Rural Living under the NT Planning Scheme. The primary use of the land as a single dwelling and outbuildings is consistent with the zone purpose to provide for low-density rural living and a range of rural land uses including agriculture and horticulture.

As noted earlier in this statement, the proposed use of a helicopter for personal transport between home and place of work is ancillary to the primary purpose of the land, and is permitted without consent – see clause 2.9 of the Planning Scheme.

If clause 2.2 applies to the circumstances, the proposed use is an unlisted use in the zoning table for Zone RL. As the use is unlisted, there are no clauses in the Planning Scheme to which the proposed use is subject.

(b) any proposed amendments to the Planning Scheme - s. 51(b); (c) an interim development control order, if any, in respect of the land to which this application relates - s. 46(3)(b) and s. 51(c); and (f) a matter that the Minister has, under section 85, directed it to consider in relation to development applications generally - s. 51(f) There are no proposed amendments to the Planning Scheme, interim development control orders, or ministerial directions relevant to this land.

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(d) an environmental protection objective within the meaning of the Waste Management and Pollution Control Act that is relevant to the land to which this application relates - s. 51(d); (g) if a public environmental report, or an environmental impact statement has been prepared or is required under the Environmental Assessment Act in relation to the proposed development - the report or statement and the results of any assessment of the report or statement under that Act by the Minister administering that Act - s. 46(3)(c) and s. 51(g); and (s) any beneficial uses, quality standards, criteria, or objectives, that are declared under section 73 of the Water Act - s. 51(s)

No report or statement under the Environmental Assessment Act is expected for the proposed use.

By s 18 of the Waste Management and Pollution Control Act, any beneficial use, quality standard, criterion or objective declared under s 73 of the Water Act is an environmental protection objective.

A declaration for beneficial uses is current for Darwin Harbour and watercourses that drain into the harbour. The declared beneficial uses for all natural waterways, including springs, lakes, lagoons, swamps and marshes are “protection of the environment, cultural (aesthetic, recreational and cultural), agriculture and rural stock and domestic”.

The proposal does not involve any additional use of water above that required for rural living domestic purposes, and will not alter the environmental characteristics of any waterway.

Fuel storage is a potential source of pollution. However, the volume of fuel to be stored is relatively small, fuel will be stored in leak-proof containers, and the containers are in a shed, which will contain any accidental spills. It is very unlikely that the proposal will adversely affect the declared beneficial uses.

There are no other environmental protection objectives that are relevant to this land.

(e) any submission made under section 49 in relation to the development application - s. 51(e) It is expected that the proposal will be referred to the relevant persons and authorities and that submissions from these parties will become known after the proposal has been notified in accordance with Section 47. Any issues raised from public notification of the proposal will be dealt with prior to or at the meeting of the Development Consent Authority at which this application will be considered.

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(h) the merits of the proposed development as demonstrated in the application - s. 46(3)(d) and s. 51(h); and (n) the potential impact on the existing and future amenity of the area in which the land is situated- s. 46(3)(h) and s. 51(n)

The proposal is for a use that is ancillary to the primary use of a rural living lot. The relatively low frequency of helicopter movements reinforces the ancillary nature of the use and its appropriateness in the context of rural living.

The principal effect on amenity is will be from noise of the helicopter taking off and landing. The effect of noise emanating from the activity on nearby residents is likely to be of short duration, as the trip purpose is for commuting rather than sight-seeing, property inspection, mustering or other activities that involve hovering.

The relatively low frequency of flight movements will minimise the effect of the activity on the amenity of residents in the area.

The flight paths shown in the application drawing are over areas that are sparsely settled, and this is also likely to ameliorate the effects on residents in the locality.

The scale of the operation is similar to home based contracting in Zone RL, which is permitted without consent if the home based contracting activity is carried out within the parameters of clause 7.10.8. The parameters include –

Limitation of the floor area to 200 m2, and size of business sign to 0.5 m2;

No additional demand on public utilities above what is ordinarily required in the locality;

No goods and equipment visible from outside the site;

No more than 3 vehicles used in home based contracting kept on the site.

The proposal is generally consistent with these parameters, in that –

The helipad has an area that is well below 200 m2 in area;

The proposed use does not impose any additional demand for utilities;

There is no goods storage associated with the proposal, and no other equipment other than the helicopter, if the helicopter is considered equipment as distinct from a vehicle;

The 3 helicopters are vehicles within the ordinary meaning of that term; see for example the Australian Oxford Dictionary, where vehicle is defined as : “a conveyance for transporting passengers or goods on land or in space”.

It is noted that clause 7.10.8 is silent on the manner in which vehicles associated with home based contracting are to be stored. The application site

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contains a hangar, which is similar in size to rural sheds used to store farm vehicles, hay, and other materials used on rural living properties.

The comparison of the proposed use with home based contracting permissible in Zone RL demonstrates the appropriateness of the use in the context of a rural living environment.

It is submitted that the proposed use will have a minor effect on the amenity of the area in which it is situated, and the effect will be ameliorated by the low frequency of activity and its restriction to daylight hours. (j) the capability of the land to which the proposed development relates to support the proposed development and the effect of the development on the land and on other land, the physical characteristics of which may be affected by the development - s. 51(j) There are no physical constraints that limit the use of the site for a modest number of helicopter movements. The proposed development will not affect the physical characteristics of any other land. (k) the public facilities or public open space available in the area in which the land is situated and the requirement, if any, for the facilities, or land suitable for public recreation, to be provided by the developer - s. 46(3)(f) and s. 51(k) The nature of the use is such that there is no requirement for additional public facilities or public open space to be provided by the site owner. (m) the public utilities or infrastructure provided in the area in which the land is situated, the requirement for public facilities and services to be connected to the land and the requirement, if any, for those facilities, infrastructure or land to be provided by the developer for that purpose - s. 46(3)(g) and s. 51(m) The site is serviced by all necessary infrastructure required to support its use as a rural living site. The use of the site for personal helicopter travel will not impose any additional burden on existing public infrastructure. (p) the public interest - s. 46(3)(j) and s. 51(p) There are no additional public interest issues that have not been dealt with under other heads of consideration.

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(q) in the case of a proposed subdivision of land on which a building is situated - whether the building will cease to comply with the Building Act if the proposed development were to proceed - s. 46(3)(k) and s. 51(q) The proposal does not require subdivision. (r) any potential impact on natural, social, cultural or heritage values - s. 51(r) Knuckey Lagoon is recognised for its natural values as a wetland habitat for wildlife and birds, including migratory birds protected under international agreements. The lagoon also has social values as a place to study and care for a wetland habitat in a peri-urban environment. The lagoon’s cultural values include its use by indigenous people, and its past use by Chinese market gardeners and by defence forces during World War II. The proposed use will not adversely affect any of these values. Recent experience of the owner deploying his helicopter to control a fire in the locality demonstrates the potential for the use to protect the lagoon’s values. (t) other matters it thinks fit; There are no other matters that have not been dealt with under other heads of consideration. JUNE D’ROZARIO

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Drawing No. 2015/1159October 2015

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