Cayman Islands Helicopters Hopes to Reopen Helipad
http://www.compasscayman.com/caycomp...-to-fly-again/
A business offering helicopter rides to tourists could be given the all-clear to return to George Town waterfront in the latest legal twist in a battle with downtown business owners.
Cayman Islands Helicopters, which also offers sightseeing flights from the airport, was forced to suspend operations at its waterfront helipad in June last year after a judge ruled the site was unsafe.
Cayman Islands Astar
That decision was overturned Wednesday by the Court of Appeal, potentially paving the way for the business to return to the location, where it had hoped to attract cruise tourists arriving at the Royal Watler dock.
Chief Justice Anthony Smellie, in his ruling last year, pointed to flaws in the decision of the Civil Aviation Authority to grant an aerodrome certificate for the heliport.
He advised the authority to reconsider its decision in light of his determination that the heliport was not in compliance with regulations and “may not be considered safe.” The Civil Aviation Authority suspended the aerodrome certificate, but appealed the judge’s ruling.
In a lengthy judgment, made public on Wednesday following a two-day hearing in November last year, Sir Anthony Campbell upheld the appeal and dismissed an application for the certificate to be quashed.
“In arriving at the decision to grant a certificate, the authority did not, at any stage, act unreasonably,” Sir Anthony wrote.
The judgment vindicates the Civil Aviation Authority’s initial decision to grant a certificate to the heliport.
The aviation authority said in a statement following the ruling that it was “pleased with the outcome of the appeal and the decision of the Court, as it validates the high standards and best practices that underscore the regulatory functions of the Authority. As aviation safety regulators, we remain steadfastly committed to the safety oversight of all aviation operations in the islands.”
The initial ruling followed an application for judicial review from Axis International Ltd., which owns an office building close to the site and had complained of noise nuisance and safety concerns.
The chief justice had accepted some of those concerns. But the appeals court decided that issues like noise nuisance fell within the remit of the Central Planning Authority, not the aviation body, and should have had no bearing on the decision.
On the issue of safety, Sir Anthony suggested that the aviation authority had considered the deviations from the regulations, which are guidelines rather than legal requirements, and had reasonable justification to grant the certificate.
Justice Smellie, in his original ruling, said the Civil Aviation Authority had failed to ensure compliance with the Overseas Territories Aviation Requirements or to demonstrate that it has ensured an equivalent level of safety to justify deviating from those guidelines.
Issues raised included that the final approach and take-off area of the heliport is not properly marked, part of the safety area is over the sea, and no limitations are imposed for operating with tailwinds in excess of 17 knots.
But the Court of Appeal decided that the Civil Aviation Authority had considered these factors and had the necessary evidence before it to come to the conclusion that the aerodrome was safe: “It was open to the Authority to be satisfied on the information before it that (Cayman Islands) Helicopters had complied with the conditions of Article 105 of the ANOTO for the grant of a certificate,” wrote Sir Anthony.
Cayman Islands Helicopters, which also offers sightseeing flights from the airport, was forced to suspend operations at its waterfront helipad in June last year after a judge ruled the site was unsafe.
Cayman Islands Astar
That decision was overturned Wednesday by the Court of Appeal, potentially paving the way for the business to return to the location, where it had hoped to attract cruise tourists arriving at the Royal Watler dock.
Chief Justice Anthony Smellie, in his ruling last year, pointed to flaws in the decision of the Civil Aviation Authority to grant an aerodrome certificate for the heliport.
He advised the authority to reconsider its decision in light of his determination that the heliport was not in compliance with regulations and “may not be considered safe.” The Civil Aviation Authority suspended the aerodrome certificate, but appealed the judge’s ruling.
In a lengthy judgment, made public on Wednesday following a two-day hearing in November last year, Sir Anthony Campbell upheld the appeal and dismissed an application for the certificate to be quashed.
“In arriving at the decision to grant a certificate, the authority did not, at any stage, act unreasonably,” Sir Anthony wrote.
The judgment vindicates the Civil Aviation Authority’s initial decision to grant a certificate to the heliport.
The aviation authority said in a statement following the ruling that it was “pleased with the outcome of the appeal and the decision of the Court, as it validates the high standards and best practices that underscore the regulatory functions of the Authority. As aviation safety regulators, we remain steadfastly committed to the safety oversight of all aviation operations in the islands.”
The initial ruling followed an application for judicial review from Axis International Ltd., which owns an office building close to the site and had complained of noise nuisance and safety concerns.
The chief justice had accepted some of those concerns. But the appeals court decided that issues like noise nuisance fell within the remit of the Central Planning Authority, not the aviation body, and should have had no bearing on the decision.
On the issue of safety, Sir Anthony suggested that the aviation authority had considered the deviations from the regulations, which are guidelines rather than legal requirements, and had reasonable justification to grant the certificate.
Justice Smellie, in his original ruling, said the Civil Aviation Authority had failed to ensure compliance with the Overseas Territories Aviation Requirements or to demonstrate that it has ensured an equivalent level of safety to justify deviating from those guidelines.
Issues raised included that the final approach and take-off area of the heliport is not properly marked, part of the safety area is over the sea, and no limitations are imposed for operating with tailwinds in excess of 17 knots.
But the Court of Appeal decided that the Civil Aviation Authority had considered these factors and had the necessary evidence before it to come to the conclusion that the aerodrome was safe: “It was open to the Authority to be satisfied on the information before it that (Cayman Islands) Helicopters had complied with the conditions of Article 105 of the ANOTO for the grant of a certificate,” wrote Sir Anthony.
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