In the first half of 2019 during the last days of Northern Rivers innocence or ignorance of what large scale climate change impacts meant, local governments wrote paragraphs like this in their planning documents based on flood data in some cases already ten years out of date.
‘“low island” means an area that is above the FPL and surrounded on its entire perimeter during and 100 year ARI event, but is inundated by the PMF. When flood levels exceed the FPL, in events up to the PMF, low islands become totally inundated, posing significant risk to isolated residents without flood free access to high land or shelter. Local examples include filled residential estates in Banora Point, West Kingscliff, and Pottsville, and raised dwellings in Chinderah, South Murwillumbah and Rural Villages.…..
A3.2.3 Urban Areas
Levees at Murwillumbah and Tweed Heads South provide structural protection against flood inundation to varying degrees. In other areas, planning controls are used to contain future flood damage. In 2009, a levee was retrofitted along Cudgera Creek to protect the Seabreeze Estate at Pottsville. In the event of a flood exceeding the levee height, the protected areas will flood quickly with little warning time and very rapid rises in water levels.
Council's design flood is based on the 100 year ARI event; that is a flood with a 1 in 100 (or 1%) chance of occurring in any one year.’ [Tweed Development Control Plan SECTION A3 - Development of Flood Liable Land VERSION 1.5 (DRAFT)]
Behind mentions of levee banks and need for early evacuation in flood prone areas in such documents, found in the planning files across seven regional local governments, there still lurked the thought that new housing estates and residential complexes could go ahead because floods could simply be managed by levees, land fill and residential floor heights.
Although at state level there remains environment & planning legislation which hasn’t caught up with life as it is experienced in a changing climate, there are signs that at local government level the new realities associated with the many river systems and coastal floodplains in north east NSW are slowly beginning to sink in.
Even if it apparently hasn't even begun to sink in with Newland Developers and Altitude Lifestyle, given plans for Lot 1747, DP 1215252 Seabreeze Boulevard Pottsville anticipated 6.3 ha of landfill to a height of 3.1m AHD.
A large-scale landfill height within a range Yamba residents living approx. 155km to the south of Pottsville can attest is very likely to cause flood and storm waters to find new destructive paths though long established residential streets.
Vacant land bounded on all four sides by Seabreeze Boulevard, Tom Merchant Drive, Cudgera Creek and Sawtell Circuit, Pottsville NSW.
Echo, 13 April 2023:
The 6.3ha of vacant land at 1 Seabreeze Boulevard, Pottsville which is earmarked in the Tweed Development Control Plan 2008 (DCP 2008) as a potential school site has once again been saved from being developed as housing.
The developers Newland Developers Pty Ltd have had two previous development applications refused for DAs for residential developments at the site in 2017 and 2020. The Land and Environments Court (L&EC) once again dismissed the deemed refusal on 31 March, this time for a seniors housing development.
The developers had taken the Tweed Shire Council (TSC) to the L&EC on appeal for their proposed 93 lots for seniors housing as part of a community title subdivision making this the third time TSC had to defend the site for a future school.
Flooding a key issue
A second matter heard by the LEC, to carry out water and sewer supply works on the property, was approved by the Court, subject to certain conditions.
In its ruling on the current Concept DA, the primary finding of the L&EC was that the Concept DA failed to adequately address provisions for emergency response in situations such as flooding.
Mayor of Tweed Shire Chris Cherry said this was a good outcome for the Pottsville community who have long lobbied for a high school in the coastal village.
‘We welcome the judgement in the LEC on this issue,’ Cr Cherry said…..
‘Ensuring flood safety for our Seniors living communities is paramount and the decision found that this Concept DA did not provide the certainty needed for safe occupation of the site by our most vulnerable of residents.
‘This is the third time Council has had to go to the LEC to defend this piece of land, promised for education purposes when the Seabreeze Estate was formed in 2000. Each time Council has won these cases.
‘Council appealed to the NSW Government to rezone the land to infrastructure zoning so these repeated attempts could be avoided and the promise to the community could be honoured but the State Government did not support it.
‘With the recent change in State Government, and the promised support of a Pottsville High School by the new government, it is fantastic that this determination has come in now and kept this land available.’
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