Approval for a controversial rezoning that could allow a second boat-building yard in the Clarence River estuary must come from the NSW Berejiklian Government

The Daily Examiner, 26 October 2019, p.3: 

Approval for a controversial rezoning that could allow a boat-building yard for Palmers Island must come from the State Government. 

At its Tuesday meeting, Clarence Valley Council voted in support of a motion that effectively washed its hands of making any recommendations, handing decision-making for the proposal which has split the local community to NSW Planning Minister Rob Stokes. 

Boat-building firm Yamba Welding and Engineering has applied to have a 20ha block of land in School Rd, Palmers Island, rezoned from rural to industrial usage. Company owner Bill Collingburn said expanding his operation to Palmers Island would allow him to triple the size of his operation. 

The community has flooded the council with 183 submissions (131 against and 52 for) and two petitions – one with 689 signatures supporting the proposal and another with 445 names against it..... 

Instead of following a staff recommendation on the handover, which referenced legal advice which could have ruled the planning proposal invalid, Cr Andrew Baker sought to be “neutral”, with a wide-ranging motion covering what the council had done to date on the matter. 

Deputy Mayor Jason Kingsley successfully amended the motion, to make it more neutral. 

This was not enough for some of the residents. 

Resident Peter Sutton said the attempt to be “neutral” was misleading. “Cr Baker has twisted words and included issues that are no longer valid,” Mr Sutton said. 

But Mr Collingburn was pleased to see the council take an even-handed approach. 

“It’s just people squealing,” he said. “You talk to most people and they want to see jobs and growth in the region.”

Administrative staff advice before Clarence Valley councillors on 22 October 2019 included the following:

183 submissions were received. This included two petitions and four submissions from Government Agencies including an objection to the loss of primary agricultural land from Department of Primary Industries. The submissions have been assessed by an external planning consultant (Planning Resolutions) to provide independent advice. The consultant has provided a summary report of matters raised in the submissions and a summary of the key issues at Attachment B. 

The report by Planning Resolutions concluded that: ‘The support for the Planning Proposal is almost entirely and simply support of the business/boat building industry rather than supporting a change in zoning for this particular site. The submissions objecting to the Planning Proposal provide compelling evidence as to the adverse site impacts and comprehensively dispel the reasons put forward by the proponent for not locating the business on Harwood Island. Council has completed a proper strategic planning process that establishes Harwood Island as a suitable Marine Precinct’. [my yellow highlighting]

Council has been advised by the Minister for Planning and Public Spaces that it is not the local plan-making authority for this Planning Proposal and has no legal power to determine this application. 

Two separate legal advices confirm that the Planning Proposal in its current form is in conflict with State Environmental Planning Policy 55 - Remediation of Land due to a tractor storage area on the property being a potentially contaminated site. Whilst this matter is resolvable, a rezoning may not be considered in any form when such conflict with a state policy exists. Therefore on this issue alone the Planning Proposal is likely to not proceed.

It is noted that on or about 3 April 2019 Council was in receipt of Northern Joint Regional Planning Panel Gateway Review Advice Report which found among other things that: "The zoned land at Harwood is not practically available for the proposed use due to land ownership, access limitations, and operational requirements of the planning proposal".

It is further noted that there is an existing marine precinct relatively close by at Harwood Slipway.

Over the years Yamba Welding and Engineering has met with NSW government ministers on a number of occasions in pursuit of its business expansion.

As recently as 18 June 2019 the company, along with Nationals MP for Clarence Chris Gulaptis, met with the NSW Deputy Premier and Minister for Regional New South Wales, Industry and Trade John Barilaro concerning its development plans in the Clarence Valley.