Tonight A Current Affair will be taking a look at what one large American residential land lease company is willing to do to a small Australian coastal town in order to make a quick buck for its stateside owners.

A Current Affair

7pm on Channel 9 tonight

Tuesday 2 April 2024

https://www.9now.com.au/a-current-affair/season-2024

Yamba CAN Inc Community Action Network - Protest Banner

Tonight A Current Affair will be taking a look at what one large American residential land lease company is willing to do to a small Australian coastal town in order to make a quick buck for its stateside owners.

Some of the program's promotional pics showing the approx. 6ha Park Ave, Yamba landfill site. 

 

YAMBACAN image showing the increased height of the landfill and boundary fencing in relation to existing housing.

BACKGROUND

Hometown America LLC is a residential land lease company in the U.S. operating over 60 manufactured home sites containing over 24,000 home sites styled as affordable housing.

The corporation is headquartered in Chicago, Illinois, and has two business divisions – the Hometown America Family Communities and Hometown America Age-Qualified (55+) Communities.

Hometown America has been the defendant in multiple legal actions principally brought by individuals and groups of individuals who were residents in its U.S. land lease-manufactured home sites. In December 2023 Hometown America management was named in a class action alleging collusion between a number of land lease companies to fix and inflate lot rental prices.

Hometown America is the parent company of Hometown Australia headquartered in Queensland and when it was establishing itself in Australia was composed of the following entities:

A.C.N. 626 522 085 Pty. Ltd – registered in NSW on 31 May 2018

Hometown Australia Management Pty Ltd (ACN 614 529 538)

Hometown Australia Nominees Pty Ltd (ACN 616 047 084) atf Hometown Australia Property Trust (Hometown).

Through its Australian subsidiary Hometown Australia this U.S. corporation currently operates est. 51 sites in Queensland, South Australia and New South Wales, marketed as affordable housing and lifestyle living for the over 50s. By 2021 these land lease sites reportedly housed 10,000 people. Four of these sites are in the Northern Rivers regions, with more on the drawing board.

On completion of construction, 8 Park Ave will be Hometown America’s sixth site in the Northern Rivers region – bringing its land lease sites in Yamba to two manufactured homes estates.

It will also increase the Yamba population by between 136 and 272 people over 50 years of age, in a town where 57.50% of the population are already aged 50 to 85 years of age and older [Australian Census, August 2021].

This development will also increase the population in the 0.37sq.km SA1 statistical precinct it lies within – from 654 persons to between 790–926 persons depending on number of occupants per dwelling at 8 Park Ave.

Note: This statistical precinct is bounded by sections of Park Ave, Wattle Drive, Gumnut Road, The Links, The Mainbrace, Shores Drive and Yamba Road and currently contains more than 200 houses, townhouses and apartments/units. Along with one childminding centre and one motel [maps.abs.gov.au, 2021]

Hometown America’s land-lease sites in NSW are governed by the provisions in the Residential(Land Lease) Communities Act 2013.

In the first financial year Hometown America LLC was operating in Australia 2019-20 its local arm Hometown Australia Holdings Pty Ltd declared an income of $185,480,667 with no taxable income and no taxes paid. In 2020-21 its second financial year its local arm declared $314,117, 781 in income with no taxable income or tax paid. [Australian Taxation Office, Data Sets, Corporate Tax Transparency, Report on Entity Tax Information 2019-20 & 2020-21]

Hometown Australia is gaining a similar reputation to its U.S. parent company when it comes to resident’s complaints and concerns about its business practices – particularly in relation rent increases and poor maintenance of community facilities [media report 2020, media report 2021 & media report 2022].

Quote of the Month

 “..we’ve all had our lived experiences of floods of varying intensities. Now as intelligent human beings I think we can do better than what we’ve been doing.

We continue to build on floodplains and expect somehow some sort of different result. 

We talk about flood resilience and flood resilience is not living with its fingers crossed-type mentality.

Fingers crossed that it doesn’t rain too hard, too much. Fingers crossed that when it does the supermarket shelves are not stripped out. Fingers crossed that we can evacuate ourselves and if we can’t, fingers crossed the SES is going to come and look after us. And fingers crossed that if I do need medical help or to get out of Yamba, that road is not broken by flood water.”

[Cr. Jeff Smith, speaking in support of a motion to rezone undeveloped land in West Yamba Urban Release Area within the town’s natural flood storage area, Clarence Valley Council Ordinary Monthly Meeting,18 April 2023] 

In 2023 is Clarence Valley Council preparing to walk away from a drowning town?

Aerial view of a section of Yamba township precinct during flooding in 2022. IMAGE: Clarence Valley Independent

On Tuesday, 18 March 2023 Clarence Valley Council held its Ordinary Monthly Meeting.

Officially present at that meeting according to the Minutes were:

Cr Greg Clancy [Deputy Mayor], Cr Bill Day, Cr Peter Johnstone, Cr Debrah Novak, Cr Steve Pickering, Cr Jeff Smith, Cr Ian Tiley [Mayor], Cr Karen Toms and Cr Allison Whaites, General Manager (Laura Black), Director – Corporate & Community (Alex Moar), Director – Environment & Planning (Adam Cameron), Director – Works & Civil (Jamie Fleeting) and Minutes Secretary (Lee Boon).

The fourth item of business for Council In The Chamber that day was the following Notice of Motion:

Item 06.23.004 Rezoning Lands on West Yamba Floodplain

Note: Crs Tiley and Johnstone left the Chamber ahead of this motion at 2:08pm, having asserted a non-pecuniary conflict of interest existed in relation to Item 06.23.004. Both noting sitting members on Northern Joint Regional Planning Panel. Under s6.1 of the Code of Meeting Practice, the Deputy Chair became the chair in the Mayor’s absence.

MOTION

Clancy/Smith

That Council:

1. note the legal advice tabled at the February Ordinary Council Meeting that compensation would not be

payable in the event that the Department of Planning and Environment, on the recommendation of

Council, was to approve a rezoning of lands in the West Yamba Urban Release Area (WYURA) from

residential R1 to C2 or a mix of C2 and RU2 depending on the results of the planning study;

2. prepare a planning proposal for submission to the Department of Planning and Environment requesting

that the vacant land, which do not have development approvals for subdivision, in the West Yamba

Urban Release Area (WYURA) be rezoned from Residential (R1) to Conservation (C2) zoning or a mix

of Conservation (C2) and Rural (RU2) based on the impacts of further development on the environment

and the risk to human life and property from future flooding.

Voting recorded as follows

For: Clancy, Smith

Against: Day, Novak, Pickering, Toms, Whaites

The Motion was put and declared LOST

[my yellow highlighting]

To say that the writer of this post is disappointed beyond measure at this outcome is an understatement.

Those names listed as voting down the re-zoning motion, Bill Day, Debrah Novak, Steve Pickering, Karen Toms and Allison Waites, should be noted for future reference by Yamba residents & ratepayers when - as landfill proceeds apace -  the next inevitable major Lower Clarence River flood arrives.

An alternate Motion in Item 06.23.004 was put up by Cr. Day & seconded by Cr. Smith and lost. That particular risible motion all but issued an invitation to the NSW Nationals to turn any rezoning of the West Yamba Urban Release Area into both a regional and state brawl along partisan political lines in which property developers would have eagerly participated. It was voted down by Crs. Clancy, Novak, Toms, Whaites.

BACKGROUND

SUMMARY

Approved development of the Yamba floodplain under the provisions of the West Yamba Urban Release Area (WYURA) planning approval has resulted in large amounts of fill being transported to the site, particularly along Gardeners Road, Yamba Road and Carrs Drive. The constant truck movements (1 every 10 minutes), has caused great consternation among a number of Yamba residents. The large amount of fill would appear to be exacerbating localized flooding around the Carrs Drive roundabout and the area surrounding it. There is also concern that the large amount of fill is affecting, and will increasing affect, the drainage of the area, adversely affecting low lying residences and the environment.

PROPOSED MOTION

That Council:

1. note the legal advice tabled at the February Ordinary Council Meeting that compensation would not be payable in the event that the Department of Planning and Environment, on the recommendation of Council, was to approve a rezoning of lands in the West Yamba Urban Release Area (WYURA) from residential R1 to C2 or a mix of C2 and RU2 depending on the results of the planning study;

2. prepare a planning proposal for submission to the Department of Planning and Environment requesting that the vacant land, which do not have development approvals for subdivision, in the West Yamba Urban Release Area (WYURA) be rezoned from Residential (R1) to Conservation (C2) zoning or a mix of Conservation (C2) and Rural (RU2) based on the impacts of further development on the environment and the risk to human life and property from future flooding.

The eighth item of business at that 18 April ordinary council meeting was a development application for a 6 lot subdivision of an existing parcel of land in West Yamba Urban Release Area, lodged on behalf of a commercial fisher-cum-property developer. 

It was refused as per COUNCIL RESOLUTION - 07.23.050

Clancy/Johnstone

That council refuse Development Application SUB2021/0045 for the following reasons covered by

Section 4.15 of the Environmental, Planning and Assessment Act 1979:

a) The land being a wetland (Swamp Forest of Swamp Oak) making it unsuitable for the proposed development;

b) The nine submissions raised major concerns about the potential for flooding, impacts of stormwater runoff and clearing of natural vegetation.

c) The likely impacts of the development on the natural environment;

d) Impact on areas of C2 zoning for some infrastructure.

Voting recorded as follows

For: Clancy, Day, Johnstone, Pickering, Smith, Tiley

Against: Novak, Toms, Whaites

DISCLAIMER: The author of this post is a Yamba resident living alone in a single storey dwelling in a street adjoining a 20 year-old 6.65ha landfill comprising est. 90,000 cubic metres of river dredge & soil. The street is regularly cut off by riverine floodwater, or a combination of floodwater and storm water, preventing access to the town's nominal evacuation centre. The author has no independent means of leaving the town if residents are advised to do so ahead of a large flood front. In 2022 a small number of houses within this short street experienced flooding.

Legal advice to Clarence Valley Council states the way is open to walk back inappropriate planned but as yet unrealised urban development on Yamba flood plain

 

On 6 December 2022 Local Government Legal sent Clarence Valley Council a letter in response to a request for advice and clarification concerning the following: 

(i) 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 

(ii) whether compensation becomes liable if land previously approved for the importation of fill was to be similarly rezoned;

 (iii) whether there are any other legal implications of such an action.

 

It is clear from the wording of advice contained in the letter, that vacant land can be lawfully rezoned so as to change its status from R1 General Residential to RU2 Rural landscape provided proper processes are followed under provisions of the Environmental Planning and Assessment Act 1979.

It is also clear that compensation is not payable to the land owner if such a rezoning is done in good faith and with due reference to the Act.

It would appear that vacant land may also be rezoned C2 Environmental Conservation under the same provisos.

Existing development approvals on the Yamba flood plain are not affected by rezoning of adjacent or adjoining vacant land which does not have a development consent attached.

However, by walking back the current urban residential zoning on the remaining vacant land in what little is left of the northern section of this natural flood storage area, there is a chance that in restricting the number of new dwelling planned for the West Yamba Urban Release Area (WYURA) to the est. 409 dwellings contained in existing development approvals and thereby curbing population growth on the floodplain it will: 

(i) ease the pressure on emergency services during east coast low storms, high rainfall events, floods or bushfires;

(ii) allow Council to both redesign and upgrade the town's stormwater drainage system to minimise the existing negative impacts of changes to overland water flows caused by largescale landfill being created under existing development consents; 

(iii) allow more choice of flood mitigation measures to increase the town's resilience in the face of ongoing climate change; and

(iv) reduce the risk of loss of life during natural disasters. 

Local Government Legal’s advice was on the agenda at Clarence Valley Council's Ordinary Monthly Meeting on 28 February 2023:

ITEM 07.23.004 ADVICE IN RESPONSE TO NOTICE OF MOTION ON REZONING LANDS ON WEST YAMBA FLOODPLAIN with OFFICER RECOMMENDATION That the advice responding to Item 06.22.013 be noted. 

UPDATE

Snapshot of resolution 07.23.004 and text of excerpt from Clarence Valley Council, Minutes of of Ordinary Monthly Meeting, Tuesday 28 February 2023 (Minutes generated 2 March 2023 at 5:12:23PM) at p.11:

Click on image to enlarge

The advice is provided as a confidential attachment (Attachment A) for further consideration.

OFFICER RECOMMENDATION

That the advice responding to Item 06.22.013 be noted.

COUNCIL RESOLUTION - 07.23.004

Clancy/Johnstone

That the advice responding to Item 06.22.013 be noted and a workshop conducted prior to the March Council Meeting. [my yellow highlighting]

Voting recorded as follows

For: Clancy, Day, Johnstone, Novak, Pickering, Smith, Tiley, Toms, Whaites

Against: Nil

CARRIED

UPDATE ENDS

BACKGROUND

Clarence Valley Council Local Environmental Plan 2011 (Current version for 1 December 2022 to date) states:

Zone RU2 Rural Landscape

1 Objectives of zone

• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

• To maintain the rural landscape character of the land.

• To provide for a range of compatible land uses, including extensive agriculture.

• To provide land for less intensive agricultural production.

• To prevent dispersed rural settlement.

• To minimise conflict between land uses within the zone and with adjoining zones.

• To ensure that development does not unreasonably increase the demand for public services or public facilities.

and

Zone C2 Environmental Conservation

1 Objectives of zone

• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

• To protect coastal wetlands and littoral rainforests.

• To protect land affected by coastal processes and environmentally sensitive coastal land.

• To prevent development that would adversely affect, or be adversely affected by, coastal processes.

North Coast Voices, 

Friday, 23 December 2022

Is Clarence Valley Council finally beginning to grapple with the need to limit development on the Clarence River floodplain? at https://northcoastvoices.blogspot.com/2022/12/is-clarence-valley-council-finally.html

Friday, 16 September 2022

If the NSW Government and emergency services tell Yamba it rarely floods and its houses are safe from all but extreme flooding, are the town's residents supposed to believe them? at

https://northcoastvoices.blogspot.com/2022/09/if-nsw-government-and-emergency.html

15 August 2022

Yamba Residents Group formed in response to inappropriate overdevelopment of a flood prone small coastal town at https://northcoastvoices.blogspot.com/2022/08/yamba-residents-group-formed-in.html

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.