2017-06-06 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                      6 JUNE 2017


Council now needs to consider the future of the activity at the site and the options available to
address the current issues in a sustainable way. Three options are discussed below:

Option 1:      Do Nothing
               Council allows the status quo and hang gliding and paragliding activities
               continue from the site

This option involves Council allowing the activity to continue until such time as a successful
nuisance action is brought before the Court where the likely remedy is injunction.

In summary, this approach would:
a)   Allow the flying activity to continue at the site which has occurred for the last 50 years. This
     option supports the interests of SCSA who have recognised the issues and will implement
     a range of proactive initiatives through the proposed Management Plan; and
b)   Rely on residents taking the matter to court and establishing that nuisance has occurred
     noting the potential cost to applicants (if the application is unsuccessful). Success is not
     assured and the application is expensive.

Risks
1.    Council could be portrayed as not protecting the privacy and safety of local residents.
2.    Escalating conflict between residents and flyers due to a lack of implementation of
      Management Plan initiatives or implemented initiatives are ineffective in addressing
      resident concerns.
3.    Exposes Council to potential legal action by residents and Council’s reputation will be
      damaged if court action is successful.
4.    Exposes Council and ratepayers to financial risk through legal costs should the matter
      proceed to Court.

Option 2:      Increased Monitoring
               Council allows hang gliding and paragliding activities to continue from the
               Site however provides active oversight of the implementation of the
               management plan by SCSA and monitors its effectiveness in reducing the
               current concerns of residents

In summary, this approach:
a)   Allows the flying activity to continue at the site, however Council actively oversees and
     monitors the implementation of the Management Plan proposed by SCSA to determine its
     effectiveness in reducing resident safety and privacy concerns;
b)   Attempts to pursue a compromise between residents and flyers; and
c)   Relies on residents taking the matter to court and establishing that nuisance has occurred
     noting the potential cost to applicants (if the application is unsuccessful). Success is not
     assured and the application is expensive.

Risks
1.    Impacted residents will likely still feel that the course of action is inadequate and that
      Council is not acting immediately to protect their privacy and safety given the history of
      complaints.
2.    Resident representatives reject this option and proceed with legal action anyway.
3.    Exposes Council to reputational risk if Court action is successful.
4.    Exposes Council and ratepayers to financial risk through legal costs should the matter
      proceed to Court.

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