YAMBA STATE OF PLAY: an example of state and local government wilful blindness that continues to this very day

A view of the lower section of Carrs Drive,
West Yamba Urban Release Area
IMAGE: Clarence Valley Independent, 7 May 2023

The original 127ha West Yamba Urban Release Area (WYURA) sits on a 690ha natural flood storage plain. 

This was an established fact in the early 1990s when urban settlement of this area was first mooted. It was still an established fact in 1995 when the local council adopted its Land Use Strategy. 

It remained an established fact when WYURA first came into effect in 2010 with amendments to the Maclean LEP 2001 allowing the amalgamated Clarence Valley Council to house between 2,000-2,500 people on flood liable land within a reduced 121ha urban release area.

It continued as an established fact in 2015 when Clarence Valley Council confirmed its ongoing intention to allow more dwellings per hectare via manufactured housing estates and therefore more people to be settled on this floodplain within the larger Lower Clarence River floodplain. 

Something then Clarence Valley Mayor and current NSW Nationals MLA for Clarence Richie Williamson called "good news for local development". Going on to say; "There's between 950 to 1000 lots and other land owners in the area will be moving forward with their developments. It's a massive development." 

It was an established fact in the years from 2015 to the present day, during which Clarence Valley Council received at least 9 largescale and 2 small scale subdivision applications on this flood liable land.

Look at that photograph again. At best, even with planned landfill this area will see 2,000+ men, women and children isolated in their homes when the road system is cut off by flood waters. 

Literally many hundreds of these residents will be retirees - with sometimes high levels of physical vulnerabilities. It is hard to see how emergency services, in a Yamba containing est. 7,000-8,000 residents by the time West Yamba is almost fully developed, will be able to cope during inundation caused by high rainfall events combining with a large riverine floods or heavy ocean storm surges.

The property developers don't care what the future holds, so it's more than time for Clarence Valley Council and the NSW Minns Government to enter emergency discussions concerning an immediate moratorium of further development in the West Yamba Urban Release Area.

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.

Quote of the Week

“Prime Minister Anthony Albanese says stopping development on flood plains, especially in western Sydney, will go a long way towards saving communities already reeling from multiple natural disasters. "The obvious answer is to stop development on flood plains," he said on Friday.”

[The West Australian, 7 October 2022] 

Six months out from the state election and NSW Premier Dominic Perrottet adds a new dimension to the term 'city-centric'

 

The Daily Telegraph, 8 September 2022, p.5:

NSW will be a thriving economy of six cities with fast rail, ambitious affordable-housing targets, more apartments and townhouses, and more defence and space jobs under a bold new plan from Premier Dominic Perrottet.

The state government and the Greater Sydney Commission will today unveil a discussion paper on the six-city plan – which includes Lower Hunter and Greater Newcastle City, Central Coast City, Illawarra-Shoalhaven City, Western Parkland City with the new Western Sydney International Airport at its centre, as well as the Central River City and Eastern Harbour City.

Map of the one and only newly created 'region' NSW Premier & Liberal MP for Epping Dominic Perrottet and Minister for Cities & Liberal MP for Pittwater Rob Stokes apparently care about.....

Six Cities Discussion Paper Mapping

NSW Greater Cities Commission, The Six Cities Region: Delivering global competitiveness and local liveability, September 2022, excerpts from the Discussion Paper's 68 pages:

• We are actively and effectively managing climate vulnerability, proactive climate proofing, urban heat and planning, and designing our built environments to withstand flooding, bushfires and coastal erosion.

• As we grow, we must ensure our region strengthens its resilience in the face of the increasing climate-related risks and natural hazards of drought, bushfire, floods, extreme heat and overexposure to UV radiation that are already impacting our communities. This is embodied in the objectives and priority actions set out in the NSW Climate Change Adaptation Strategy.

• The 2019–2020 bushfires across eastern Australia caused loss of life, property, infrastructure and devastating impact on communities, vegetation, wildlife and ecosystems across our region. There were additional health and economic impacts from the thick smoke blanketing the region for months.

  In early 2020, major flooding impacted parts of Greater Sydney, the Central Coast City and the Illawarra-Shoalhaven City. Floods returned to parts of the region in late 2020, 2021 and 2022, causing more devastation, disruption and landslips.

  
  

One might be forgiven for thinking that the Perrottet Government has its sights squarely fixed on those zones where the bulk of the state population (therefore the bulk of registered voters) are to be found. That it is the issues, concerns and aspirations of voters living between the Illawarra-Shoalhaven and Newcastle-Upper Hunter which matter most when it comes to planning and implementing climate change mitigation, resilience measures and urban design & development. 

Seemingly wider regional New South Wales and its high climate risk communities will only get noticed between now and the March 2023 state election if the smaller number of regional voters outside of those "six cities" manage to transform themselves into very politically prickly problems for the government in Macquarie Street.

A handful of not so fun facts for Yamba residents

 

Matters that state government, local government and regional planning panels should consider (but more often barely notice in passing) before granting consent for large scale residential developments along the NSW coastal zone.

Take Yamba for instance, bounded by the Clarence River estuary and Pacific Ocean...

Probable Maximum Flood (PMF). The largest flood that could conceivably be expected to occur at a particular location, usually estimated from probable maximum precipitation. The PMF defines the maximum extent of flood prone land, that is, the floodplain.

[NEW SOUTH WALES STATE FLOOD PLAN GLOSSARY , February 2018]

“Evacuation

1. Reliable access for pedestrians or vehicles required during a 100 year flood to a publicly accessible location above the PMF”

[RESIDENTIAL ZONES DEVELOPMENT CONTROL PLAN, effective from 23 Dec 2011 , FLOODPLAIN MANAGEMENT CONTROLS, LOWER CLARENCE RIVER FLOODPLAIN, YAMBA FLOODPLAIN & OTHER FLOODPLAINS]

Evacuation Centre: Yamba Bowling And Recreation Club [SES, CLARENCE VALLEY LOCAL FLOOD PLAN ANNEX J]

Click on image to enlarge

Approach to Yamba Bowling Club for most of Yamba population will be blocked by 1-in-100yr Flood at 2.09-2.2m & Extreme Flood at 3.56-3.68m.

In both flood types Yamba will be isolated from the wider Clarence Valley by floodwaters for a matter of days or weeks.

Since 1990 the Lower Clarence River has flooded on average once every three years.