Clarence Valley Independent, 7 September 2022:
A request by The James Creek Residents Group for an independent Landscape Architect to research and report on a proposed controversial subdivision has been rejected by Clarence Valley Council in less than 24 hours.
The Development Application DA from MPD Investments for a 332-lot sub-division, comprising 327 residential lots, one commercial lot and four drainage reserves and public open space areas for 104 James Creek Road is currently on public exhibition.
About 5pm on September 1, Lorri Brown sent a letter to Clarence Valley Council CVC senior staff and councillors on behalf of the James Creek Residents Group JCRG and said she was shocked to receive a reply at 11.36m the next day.
“The speed at which the response came does worry us, because you wonder how much it had actually been considered,” she said.
“What worries us is it’s the first subdivision out here in the hinterland of what we call Yamba and it's important to do it correctly.
"If we're going to subdivide land out here, we need to do it properly, that's all we're saying. "Let's get the first one right as a template for others to follow.
"When the JCRG asked council for a specific Development Control Plan DCP that applied to the proposed development, Mrs Brown said they were told the DCP is on the council website.
"The only control plans over it are for what you find in residential areas like Maclean or Yamba, and that's what they're applying," she said.
The JCRG stated in the letter they requested the research and report from an independent Landscape Architect because, as they understood, CVC didn't currently employ anyone with "the necessary credentials".
"For whatever reason there is no DCP or other guiding development controls currently in place for James Creek," the letter to council stated.
"We need to know how this subdivision will impact the natural and built landscape. "We have a responsibility to ensure that this is a development that is fit for the future."
Issues that would be assessed by the Landscape Architect requested in the JCRG letter included the impacts of a car dependent estate, why there are no designated electric vehicle charging stations and recommended locations and the implications with roads that don't comply to minimum carriageway requirements.
The projected effectiveness of heating /cooling for proposed building designs, the proposed density, small blocks, and heat banks were other issues to be assessed in the letter from JCRG.
"An evaluation of the designated park areas that have been flagged by council as inadequate for the density of the population," the JCRG requested.
"The realistic planting of trees in the designated footpath spaces, an environmental impact statement on the natural and built landscape, transition and buffer zones relating to neighbouring agricultural land and an evaluation of the subdivisions impact on the local ecosystem."
The assessments requested by the JCRG would necessitate a six-week extension in the progression of the DA, which the CVC General Manager Laura Black said she was "unable to provide" in her email reply.
"Council recently adopted its Community Participation Plan that sees the previously adopted 14 day exhibition period for complex DA's like James Creek extended to 28 days," Ms Black wrote.
"Twenty-eight days brings our exhibition timeframes in line with that required for large Environmental Impact Statements for state significant infrastructure projects (for example major highways and bridges).
"This is policy position of Council, and it can only be varied by resolution.".
Ms Black also alluded to problems a six-week extension would cause with the body that will ultimately decide the DA’s fate, the Northern Regional Planning Panel NRPP, which determines developments with a capital investment of more than $30 million.
“I have also advised councillors’ that the Northern Regional Planning Panel requested that council officers make every effort to submit the DA to them before the end of the calendar year for their consideration, to ensure timely decision making for all stakeholders,” Ms Black wrote.
“A six week extension would impede this happening.”…..
NOTE: Sections of James Creek Road is known to be cut by water over the road during heavy rain and flood events.
BACKGROUND
The Daily Examiner, 3 December 2020:
Last month a proposed 342-lot subdivision in the middle of James Creek caused many residents to raise concerns about the negative impact of such a development within its semirural setting.
The development application SUB2020/0038 lodged by Robert Collin Donges earlier this year includes 336 residential lots, four drainage reserves, one commercial lot and one public reserve.
While most residents were shocked to see this kind of DA appear in their neighbourhood, it was an inevitable step in the Clarence Valley’s regional urban growth plans.
According to the Mid-North Coast Regional Strategy 2006-2013, James Creek was identified as an area for proposed future urban release, along with Gulmarrad and West Yamba.
It was again identified as an area to investigate for urban land in the North Coast Regional Plan (2036).
James Creek is known for its quiet, semirural lifestyle with most properties on acreage. However, future planning could see future proposed developments transform the area into high-density housing.
But applicant Rob Donges said that is not his intention……
Clarence Valley Independent, 18 December 2020:
A development application (DA) for 342-lot staged residential subdivision at James Creek was withdrawn on December 7.
The James Creek Residents Action Group, which was formed in late November to “oppose and secure the rejection” of the proposal and “to work with Council, Developers and the Community to promote responsible and sustainable development in James Creek”, will remain proactive and “vigilant” regarding any future proposals for the site.
“We still see our role as continuing to work with the council and the developer, whomever that might be, to secure the best outcome; responsible and sustainable development for James Creek,” spokesperson Lorri Brown said.
At yesterday’s Clarence Valley Council (CVC) meeting (after the paper’s print deadline), councillors considered a request from the withdrawn DA’s applicant, Rob Donges, on behalf of owner Kahuna No. 1 Pty Ltd.
“The applicant has now requested a refund of $20,000 for unspent application fees due to the application being withdrawn,” the report to council stated.
Staff recommended refunding about 50 per cent ($11,415) of the DA fees; due to staff time already expended processing and advertising the DA…..
North Coast Voices, 17 November 2021:
Queensland white shoe brigade onboard as owner of around 33.49ha of James Creek land has another run at overdevelopment
The Daily Examiner online, 12 November 2021:
The James Creek plan could see hundreds of residential lots opened up.
The current proposal at Lot 104 James Creek Road, James Creek was lodged by Madison Ruygrok through Kahuna No 1 Pty Ltd. If approved by Clarence Valley Council it would see 327 residential lots, one commercial lot and two open-space lots created.
According to civil engineering drawings prepared by Geolink in October this year, the majority of proposed sites would be between 600-799 square metres in size with the subdivision to be delivered in five stages with most to have two or three sub-stages.
It’s not the first time the site has raised the ire of nearby residents so it is expected there will be some strong opposition to the most recent plan.
In the March 2014 fiery remarks were hurled from the public gallery as James Creek residents watched Clarence Valley councillors agree to rezone the lot from primary production to general residential and medium density residential.
Then, in November 2020, multiple submissions were made opposing a development application that proposed 336 residential lots, four drainage reserves, one commercial lot and one public reserve.
However, residents against the development were relieved to discover that a month later, the application was withdrawn.
But despite their best efforts to thwart that development, a future of medium to high-density housing in this quiet, semi rural Lower Clarence suburb seems inevitable.
Over a decade ago, James Creek was targeted as an ideal spot for urban growth.
According to the Mid-North Coast Regional Strategy 2006-2013, James Creek was identified as an area for proposed future urban release, along with Gulmarrad and West Yamba.
Residents and members of the community have until December 3 to make a submission to Clarence Valley Council on the development application (number SUB2021/0042).
The owner & only listed shareholder of Kahuna No.1 Pty Ltd is Billabong founder Gordon Stanley Merchant of Tungan Qld and Madison Ruygrok is currently listed as a Town Planner with Place Design Group Pty Ltd of Fortitude Valley Qld.
Oddly in SUB2021/0042 - currently before Clarence Valley Council - it lists the developer of the land as The Trustee for MPD INVESTMENTS UNIT TRUST not Kahuna No1.
Presumably The Trustee for MPD Investments Unit Trust - an entity created in 2021 with an ABN registered in Queensland - is associated with Gordon Merchant.
Mr. Merchant's financial difficulties became known when the Australian Taxation Office reportedly penalised him around $13 million "after an audit by the tax office has ended with Mr Merchant being disqualified for “recklessly contravening” superannuation laws, as well as owing $45m in back tax".
Administrative Decisions Tribunal April 2021 records show that Mr. Merchant lodged an Income Tax Objection in October 2020 and, he remains disqualified from acting as trustee or responsible officer of corporate trustees of superannuation entities, under subsections 126A(2) and 126A(3) of the SIS Act.
One has to wonder if either Kahuna No 1, MPD Investments Pty Ltd or The Trustee for MPD Investments Unit Trust are financially secure enough to meet all the fees and charges associated with this development application and commencement of works.
Or indeed if it is wise to pack an est. 818 persons into such a sardine tin housing estate on approx. 33.49ha between Maclean and Yamba in what is essentially still an agricultural area on a sensitive part of the flood plain where floodwaters are liable to cut off access to & egress from farms and urban areas in a strong flooding event.
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