An appeal against the Federal Government's approval of the Archerfield Airport Master Plan failed in the Australian Appeals Tribunal (AAT) last week.
The Archerfield Airport Chamber of Commerce Incorporated (AACCI) contested the 2012 approval by then Minister Anthony Albanese on nine counts including:
- Some of the non-aviation developments proposed by the draft master plan are incompatible with aviation needs
- Inconsistency with planning laws
- No provision for the further development and growth of aviation
- Increase the risk to aviation safety
- Inconsistent with obligations under the airport lease from the Commonwealth
- Archerfield Airport Corporation did not do enough consulting.
The AAT accepted very little of the AACCI's arguments, defering to evidence supplied by Archerfield Airport Corporation, CASA and Airservices Australia.
AAT Deputy President Hack dismissed the appeal, saying "I am then of the view that there is no substance in the Chamber’s criticisms of the draft master plan. The Chamber provides no basis on which the Minister’s decision ought be set aside. Having regard to the matters specified in s 81(3) of the Act, I am satisfied that the Minister was right to approve the draft master plan.
"In my view the Minister’s decision ought be affirmed."
Hack was also critical of the way the AACCI pursued the case.
"Regrettably, the Chamber’s written submissions did not address these contentions with the necessary rigour. Those submissions are not easy to understand and range well outside the nine points identified at the start of the hearing."
In the matter of the ongoing controversy over the Federal Governemnt ignoring breaches of the original airport leases, the AAT elected to demur, with Hack offering: "I do not regard it as necessary to reach any conclusions on the Chamber’s allegation that the Corporation is in breach of its lease with the Commonwealth. Those are matters for the Commonwealth as lessor to consider."
Comment has been sought from the AACCI.