Clarence Valley Independent, 12 July 2023:
The
Northern Regional Planning Panel has published its reasons for
refusing a 336-lot subdivision at James Creek, a proposal that
encountered hurdles satisfying council, which ultimately led to it
not being recommended for approval.
When
a development application DA was lodged with Clarence Valley Council
in November 2020 for a staged residential subdivision on James Creek
Road at James Creek, it proposed 342 lots, with 336 residential lots,
a single park, and a neighbourhood centre for small scale retail.
Soon
after the DA was lodged, The James Creek Residents Action Group was
soon formed, and on December 7, 2020, the development application was
withdrawn on behalf of owner Kahuna No 1 Pty Ltd.
A
revised DA was lodged with CVC on November 4, 2021, for a 336-lot
subdivision at 104 James Creek Road featuring 329 residential lots,
one commercial lot, 4 drainage reserves and associated public space
areas.
After
working with CVC on the subdivision for more than a year, when
Council staff completed their final assessment report for the
Northern Regional Planning Panel NRPP, they recommended the
subdivision be refused.
On
June 29, 2023, when the NRPP met via videoconference to decide on the
DA, after hearing submissions from 16 concerned locals, the
subdivision was unanimously refused.
The
NRPP published their reasons for refusing the DA last week, stating
the application was refused for the reasons attached to the Council’s
assessment report.
“The
Panel agrees with the council assessment that the proposed inward
facing urban structure, density, and proposed lot design relates
poorly to the existing topographical form and presents a stark change
to surrounding rural and semi-rural setting and character,” the
determination stated.
“The
Panel considers there is inadequate social infrastructure and
services to support the proposed development including bus services
and given the distances to local shops and facilities.
“The
Panel also concluded there was insufficient consideration of flood
evacuation, but notes the verbal advice provided by Council staff of
an offer by the applicant to upgrade Gardiners Road to enable
evacuation in a 1:100 year flood event.
“The
Panel agrees with Council’s view that additional information and
design amendments which might result in a more integrated ‘village’
style settlement may resolve these and other issues addressed in
Council’s assessment report.”
In
coming to its decision, the panel considered written submissions made
during public exhibition and heard from all those wishing to address
the panel.
The
panel noted issues of concern included the impact on services, the
lack of flood free access from Townsend along Gardiners Road, access
to Austons Lane, stormwater management and flooding, impacts on
adjoining rural land users and lack of buffers, inconsistency of
development with planning proposal and adopted council policies,
urban design and local character, traffic, transport and access, lack
of Aboriginal cultural heritage assessment and consideration, a
bushfire hazard, lack of public consultation and biodiversity.
The
owner of lot 104 James Creek Road, Kahuna No 1 Pty Ltd now has the
option of working with council to redesign the subdivision and
relodge a revised DA, which they did with this DA, or decide not to
pursue a subdivision on this site.
Australian
Rural & Regional News,
5 July 2023:
Cheers
of celebration and relief from James Creek residents erupted when the
Northern Regional Planning Panel refused approval for a controversial
$33 million 336 lot subdivision on James Creek Road.
The
panel met via teleconference on Thursday June 29, to decide whether
to approve the development application DA by MPD Investments at 104
James Creek Road for 329 residential lots, one commercial lot, four
drainage reserves and two open space areas on the 33-hectare site.
Clarence
Valley Council’s assessment report for the ‘regionally
significant development’, which required it to be decided by the
Northern Regional Planning Panel (NRPP), recommended the DA be
refused over concerns with sewage, stormwater discharge, traffic
issues, land use conflict, the urban structure and sensitivity of the
proposed design to the surrounds.
When
the DA was put on public exhibition three times in 2022 and 2023,
council received 100 submissions and a petition with 171 signatures
against the subdivision.
Clarence
Valley Council was represented by Cr’s Ian Tiley and Peter
Johnstone on the five person NRPP, after Cr Greg Clancy declared a
conflict of interest as he had been to a public meeting with
complainants about the subdivision.
NRPP
Chair Diane Leeson said there were 18 people registered to speak to
the panel about the DA.
Speakers
included James Creek resident of 30 plus years, Pat Bowen, and Lorri
Brown who spoke on behalf of the James Creek Residents Action Group
stating the development would double the population of the village,
which went against council’s targeted growth figures for James
Creek.
Carolyn
Cameron, whose husband’s family settled in James Creek in 1863 said
she feared ‘that our close-knit rural community is going to be
lost’.
An
emotional Sharon Farlow, who holds a routine movement stock permit to
move her cattle along James Creek Road which her family has done for
100 years, feared with increased traffic her livelihood would be
impacted.
Neighbour
Keira Fahey urged the NRPP to follow council’s refusal
recommendation as the buffer zone between the subdivision and other
properties was not adequate…..
Read
the full article here.