Is everyone with any authority still playing Pass The Parcel with the health and safety of communities on NSW coastal floodplains? Will the Northern Rivers see effective state planning legislation amendments before the next big flood? Will local governments across the region stiffen their spines & act?

The Echo, 11 May 2023:

Development site at 60 Tringa Street, Tweed Heads, on Cobaki Creek.

Both the Tweed District Residents Association (TDRA) and Kingscliff Ratepayers and Progress Association (KRPA) have recently called for a moratorium on existing legacy or zombie development approvals (DAs) on floodplains. The state government continues to say that councils have the ability to deal with these problematic DAs, but the evidence seems to say otherwise.

The failure of current legislation to stop legacy DAs is of particular concern to the TDRA which has been seeking stop work orders on the recent activity by MAAS Group Holdings at Tweed on Cobaki Creek. MAAS bought the property, with a 27-year-old legacy development approval on it, last year for $20M+ and have started clearing the sensitive site. The Tweed Council have asked MAAS to ‘cease work’, but MAAS have declined leaving both Council and locals frustrated with their inability to stop the work and have the site reassessed in relation to flood and environmental impacts of the DA.

NSW Premier

Responding to The Echo NSW Premier Chris Minns, who spoke to community representatives on the issue of legacy developments in the lead-up to the NSW election said, ‘My office will be working closely with the planning minister as the government works on new rules to stop new developments on dangerous floodplains – having been on the ground in the region over the past couple of years, I know how important it is to get this addressed.’

The Department of Planning and Environment (DPE) told The Echo that, ‘The government is committed to drafting new rules and streamlining planning processes to stop new developments on dangerous floodplains’ yet they have thrown responsibility back to councils saying they already have the legal power to look at legacy developments.

‘Councils already have legal power under the Environmental Planning and Assessment Act to take action against existing zombie developments, and DPE tightened planning rules in 2020 to clamp down on new ones,’ a DPE spokesperson said.

‘Councils also have powers to investigate and take enforcement action if they are concerned whether physical commencement has occurred, or if any part of the development does not comply with the relevant consent….

Action needed now

Peter Newton from KRPA responded to the DPE’s statement saying ‘it’s disappointing that the department has thrown this on Council’s shoulders given that it is obvious the legislation is not strong enough for Council to actually prevent legacy developments from proceeding, such as Cobaki, where the Council “cease” orders have been disregarded. The legislation is not working and needs the state government to step in and commit to reform.’

Tweed Council’s General Manager, Troy Green also highlighted the current failures in Council’s powers to take action on these types of DAs.

‘There has been no change in Council or state policy concerning floodplain development post the 2022 floods. The NSW State Government Flood Inquiry made various recommendations concerning floodplain development from which there have been no subsequent directions from the government,’ Mr Green told The Echo…...

Read the full article here.