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