Is Clarence Valley Council finally beginning to grapple with the need to limit development on the Clarence River floodplain?

 

Clarence Valley Mayor Ian Tiley         Deputy Mayor Greg Clancy

      IMAGES: Clarence Valley Independent

Clarence Valley Independent, 20 December 2022:

Clarence Valley Council (CVC) will seek legal opinion to see if compensation will be liable if vacant land that doesn’t have development application approval at West Yamba is rezoned by the NSW Planning Minister – a move that would limit further development.

Deputy Mayor Greg Clancy put forward the motion at the December 13 CVC meeting concerning land in the West Yamba Urban Release Area WYURA, which is predicted to increase the population of Yamba by 2000 people when development is complete.

Cr Clancy said planning approvals in Wyura requiring large amount of fill would appear to be exacerbating localised flooding around the Carrs Drive roundabout and the area surrounding it.

Following the impact of the 2022 floods, which saw Yamba cut off for several days, there is also concern that the large amount of fill is affecting, and will increasingly affect the drainage of the area, adversely affecting low lying residences and the environment.

Cr Karen Toms asked Cr Clancy whether he knew that the General Manager had already sought legal advice before he put the motion forward.

“I was aware that the Mayor had asked the General Manager to seek legal advice, I wasn’t aware that it had actually been done,” he said.

Cr Clancy said with all the issues going on in the Yamba area, council was now in a position to understand what we can do or can’t do in terms of development on the floodplain.

“We’ve had the Prime Minister and we’ve had the Premier both stating that there should be no more development on the floodplain, he said.

“However, to date we haven’t received any official notice that there’s legislation being prepared, or passed, or whatever, to do that.

“In the interim we need to determine councils’ position in relation to development on the floodplain and West Yamba is our largest area where we have potential development on the floodplain.

“All this motion is doing is seeing whether council or the ratepayers would be liable if we go down the path of applying for a rezoning of land which has been zoned under the Wyura as residential, back to rural, and or a mixture maybe of rural and conservation, because there’s some important conservation areas in that area.

“Once we get the legal opinion, council would be in a much better position to consider what action we want to take.

“If we put a rezoning application in, we would need to know if the council and the ratepayers would be liable to any compensation.”

Mayor Ian Tiley said he and General Manager, Laura Black had discussed the matter a number of times and council was awaiting legal advice on rezoning.

Cr Steve Pickering said he would be supporting the motion as the community wanted to see action not just in Yamba, but on the floodplain generally.

“This is a question that has been asked many times of me and I think it’s prudent for us as a council to actually seek legal advice,” he said.

Cr Karen Toms said she would not be supporting the motion as it was ‘a what if question’.

“To me it’s a speculation in itself because we’re asking a lawyer to say well if the government decides to come in and change the zoning of privately owned land will we need to pay compensation,” she said.

“I would rather see this put on hold until we actually get the information back.”

Cr Bill Day said he believed the motion endorsed the actions of the Mayor and the General Manager to seek legal advice on rezoning land at West Yamba.

In the motion put forward by Cr Greg Clancy and seconded by Cr Jeff Smith council resolved to seek a legal opinion as to:

1. Whether compensation becomes liable when and if the NSW Planning Minister was to rezone vacant lands that have not had DA approval for development on the Yamba floodplain (WYURA ) from R1 General Residential to RU2 Rural landscape and C2 Environmental Conservation zonings at Council’s request, and

2. Whether compensation becomes liable if land previously approved for the importation of fill was to be similarly rezoned;

3. Whether there are any other legal implications of such an action.

The motion was carried 7-2 and supported by all councillors except Cr Karen Toms and Cr Allison Whaites.