In which the persistence of a millionaire Qld property developer is countered by the commitment of a Lower Clarence community to protect the James Creek precinct from overdevelopment and other harms

 

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The James Creek Residents Action Group was soon formed, and on December 7, 2020, the development application was withdrawn on behalf of owner Kahuna No 1 Pty Ltd.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.

And the expansion of inappropriate urban development on a Northern NSW high risk coastal flood plain continues apace in 2023.....

Northern Regional Planning Panel (NRPP) now has Development Application SUB2023/0001 before it as PPSNTH-195.

A 284 lot subdivision on Lot 47 DP 751395 at 52-54 Miles Street, Yamba NSW, with a capital investment value of $48,458,741.

Composed of 277 low density residential lots, 1 medium density residential development lot, 1 commercial development lot, 1 low density development lot, 3 drainage reserve lots and 1 open space reserve lot on the est. 21.25ha lot.

This DA was lodged with Clarence Valley Council on 18 January and referred to NRPP on 30 January 2023.

It appears to be the second stage of the urban development of Lots 46 & 47 by Kahuna No 1 Pty Ltd, a property development corporation. Stage 1 is already in the process of landfilling.

Stage 1 and proposed Stage 2 now before the NRPP stretch from Carrs Drive in the west to Golding Street in the east, with Miles Street forming the northern boundary and a common property line forming the southern boundary.

These two lots are 42.5ha of the remaining natural flood storage area in Yamba which has a potential to flood to a height range of 1.6-2.0m in years when the Lower Clarence River floods and, the filling of the lots to a height above 1 in 100 flood levels will inevitably force storm & river waters onto adjoining and adjacent residential land causing it to flow into residential streets further afield.

There is one certainty with this development application - with the exception of the two local government representatives on the Northern Regional Planning Panel - the issues of climate change, changing flood behaviours and an inadequate, badly thought though emergency evacuation plan for Yamba township, will receive only lipservice consideration. Because the Perrottet Coalition Government in Sydney still insists on urban development across high risk floodplains and the Clarence Valley's retiring Nationals state member and his replacement candidate will inevitably continue playing the game of mates rather than genuinely representing the town's population.

Millionaire property developer Gordon Merchant's latest Yamba DA thwarted and next NRPP meeting may be deferred again re Hometown Australia's multi-dwelling Yamba DA

 

Image: Google Earth

NOTICE OF PUBLIC MEETING CANCELLATION –NORTHERN REGIONAL PLANNING PANEL

The following meeting has been cancelled:

· Panel reference number PPSNTH‐31 – Clarence Valley – SUB2019/0030 ‐ 52‐54 Miles St, Yamba ‐310 Lot Staged Residential Subdivision and ancillary infrastructure works including drainage reserves and the creation of a residue lot

The meeting was to be held on:

Wednesday, 21 September 2022 at 4pm

By teleconference

The meeting has been cancelled because the applicant has withdrawn the development application….

BACKGROUND

Clarence Valley Independent, 14 September 2022:

The Development Application DA for the $32 million staged residential subdivision located at the yet to be formed Miles Street, which runs east off Carrs Drive, was lodged with Clarence Valley Council CVC on behalf of Kahuna No 1 Pty Ltd, owners of the 42.5-hectare site.

The 850 metres by 500 metre site fronts Carrs Drive, with the to be constructed Miles Street and St James Primary School to the north, and Golding Street to the east.

CVC’s assessment report prepared by town planner James Hamilton notes the Kahuna Yamba Gardens DA was on public exhibition twice, with eight submissions received in the first exhibition period and 79 submissions from the most recent period.

“The Council received a total of 87 individual submissions, comprising 87 objections and no submissions in support of the proposed development,” Mr Hamilton’s report stated.

“The submissions raised issues relating to urban design, flooding, stormwater, traffic, filling, environment, services, climate change and sea level rise, heritage and impacts on the town.”

The assessment on the DA by Mr Hamilton listed six factors, including two endangered species, for refusal.

These factors for refusal included that The Rural Fire Service could not support the development under Section 100B of the Rural Fires Act 1997, and the fact the site contains two listed endangered flora species being Rotala tripartita and Spider orchid.

“Sufficient information has not been provided to enable a determination on how the proposed development will not likely have a serious and irreversible impact on these two species,” the assessment stated.

The DA was also found by council to be inconsistent with the General Residential, Flood Planning and Earthworks clauses of the Clarence Valley Local Environment Plan 2011.

“The proposal is inconsistent with the aims of Clarence Valley Local Environmental Plan 2011 as it has not been satisfactorily demonstrated that the proposed development will enable the sustainable development of the site, adequately protect areas of high ecological value and maintain the character of Yamba township,” the assessment stated.

CVC’s assessment also found the DA was inconsistent with numerous parts of the Clarence Valley Residential Zones Development Control Plan 2011, including Floodplain Management Controls, Sustainable Water Controls and Urban Release Area Controls…..

Watch this space for the next development application Mr. Merchant lodges on this land.

Meanwhile over in the Parkes Menai- Hometown Australia camp.....

It appears that Hometown Australia Management Pty Ltd's est. $33.9 million development application DA2021/0558 for 138 dwellings, an exhibition home and community facilities at 8 Park Ave, Yamba, may be deferred yet again by the Northern Regional Planning Panel (NRPP) as the NSW Dept. of Planning and Environment has not yet submitted its review of the flooding and risk evacuation procedures supplied by Hometown at the request of NRPP.

This is a proposed development with an unhappy history. The original land clearing and landfill under a Parkes Developments DA resulted in the unapproved felling of a significant number of native trees in the adjoining dedicated Wattle Park.  

Further, although the original land fill on 8 Park Ave is estimated to have reached RL2.8AHD so that the site only has a 1% (1 in 100) chance in any given year of being surrounded by 2.08 to 2.51 metres of flood water, the stormwater flows from this approx. 6.65ha lot enter an inadequate on-site and extended drainage network. 

Resulting in situations like this for established homes now at a comparatively altered ground level approx. 2.8m lower than the very large Park Ave lot.

Extract from a submission to Clarence Valley Council,
28 October 2021 

Extract from a submission to Clarence Valley Council,
29 October 2021 - open ditch drain

Extract from "West Yamba Update", West Yamba Information,
21 June 2022 - before and after height of common boundary
with 8 Park Ave, Yamba

This is a situation which during prolonged/high rainfall events is likely to exacerbate the 2-5% chance of mixed stormwater-riverine water inundation in adjacent streets and across a number of residential properties. As occurred in the March 2022.