Airport control dispute

The decision to move on the airport was taken by council on Wednesday in a confidential meeting in the belief that two agreements between Mr Gull and the council over the planned airport development had expired.

But Mr Gull said council's statement about the agreements was "wrong" and he vowed to fight council's decision. Mr Gull said he had hoped to create a multi-million dollar industrial commercial development on the land around the airport.

"I reject the claims that the agreements with the City of Ballarat have expired.

"Under the terms of the agreement council was not entitled to serve on me the notice in late December 2001 requiring me to exercise my options within 30 days,'' Mr Gull said.

He further stated that there was no legal basis for serving the notice, the date of service was unclear and the form of notice was defective.

Mr Gull made it clear that in his view he had significant legal entitlements under the agreements with the City of Ballarat which he is determined to preserve and protect.

"We were in correspondence with our solicitors over this matter, however, the actions of the City of Ballarat have now made this impossible and the issues can now only be resolved by protracted and expensive litigation."

Mayor David Vendy said yesterday the decision by council to take over the airport "would pave the way for a masterplan for development of the airport to be devised in consultation with tenants, nearby residents, and the Ballarat community."

But yesterday Mr Gull showed The Courier a masterplan in his name and council's name which he said had been a joint project that had taken eight months and thousands of dollars to produce.

"This day I served notice on the City of Ballarat that they are not entitled to be involved in any discussion or negotiations pursuant to a master plan in regard to Ballarat airport," he said.

According to the council, the first agreement, which was signed in 1998, was put on hold in 2000 when the council "agreed with Mr Gull to approach the State Government about acquiring 80ha of crown land adjoining the airport".

The State Government advised the council that it would not sell crown land to an individual without a full public expression of interest/tender process.

Cr Vendy said: "Council has reverted to its original plan of reinstating its full rights as owners of the Ballarat airport."

Cr Vendy said the expiry of the second development option by Mr Gull meant that council was "free to develop the airport unencumbered and provide a secure future for commercial and community tenants".

Mr Gull said: "We have been working with council on this for three years; the council's statement is wrong. My only wish has been to attract new business to Ballarat which can be commercially successful.''

His dream of building and marketing his Advanced Air Vehicle from Ballarat was "still in place" but on hold.

"The airship is on hold until time and more effort can be put to the project. The project stands alone it doesn't need the airport," he said.