Ongoing community concerns about Clarence Valley Council's redevelopment of Maclean's McLachlan Park is not confined to trees, parking, toilet blocks or loss of green space

Map excerpt showing the Clarence Coastal Zone & surrounding zones

The coastal zone is illustrated on the maps produced to accompany this policy which will be available for public inspection at all local councils. Mapping of the coastal zone is based on the following criteria.

* three nautical miles seaward of the mainland and offshore islands;

* one kilometre landward of the open coast high water mark;

* a distance of one kilometre around:

   all bays, estuaries, coastal lakes, lagoons and islands;

* tidal waters of coastal rivers to the limit of mangroves, as defined by NSW Fisheries’(1985) maps or the tidal limit whichever is closer to the sea;

* with the line on the maps being taken to the nearest cadastral boundary and/or easily recognisable physical boundary, in consultation with local councils. [NSW Coastal Policy 1997, Part A & Part B]¹

McLachlan Park in the Lower Clarence Scottish Town of Maclean has been raising the ire of residents and ratepayers ever since the $1.13 million redevelop plan for this park, sitting virtually atop the town's levee, was first disclosed in all its 'glory'.

This time the issues of local government transparency and accountability, as well as using Clarence Coast Reserve Trust monies raised in Yamba to meet the mounting costs associated with this redevelopment, are at the bottom of this particular exchange between one ratepayer and Clarence Valley Council, reproduced here with permission of Mr. Hunt.

______________________________

From: Ray Hunt [redacted]
Sent: Saturday, 3 January 2015 11:55 AM
To: david.morrison@clarence.nsw.gov.au
Cc: Richie Williamson; Craig Howe; Sue Hughes; Jason Kingsley; Margaret McKenna; Jim Simmons; Karen Toms
Subject: Re: McLachlan Park

Mr David Morrison,

  Its unbelievable.

  Your email 24-12-14 is acknowledged, (apparently) on behalf of Mr Peter Birch, Director of Environment, Planning and Community to my simple inquiry three months ago, viz: How was it possible that the CCRMS Coastal Zone definition (p30) which expressly specifies a 1 km strip along the coastline, can include reserves in Maclean some 20ks up river?

Three months to think about it, yet you avoid the question.

The CCRMS was adopted by the Minister 18-12-02 pursuant to Sect 114 Crown Lands Act and no operations can be undertaken unless it is in accordance with the CCRMS.

  I also note your comments on the inclusion into the CCRT, the Herb Stanford park. But again you do not explain how this park some 20ks up river can be included into the CCRT when the CCRMS coastal zone definition expressly specifies a 1k strip along the coastline.

Whatsmore, when that matter came before Cllrs at the CCRT meeting 8-10-14, even the Cllrs were not informed.

  It is this same lack of accountability, reminiscent of the past, when Cllrs were not warned when they were deciding CCRT matters, enabling CCRT revenues to be exploited and pay for Councils services.

  Due to this lack of accountability, I had little choice but to lodge a complaint with Crown Lands with whom the reserves are vested and was in possession of the CCRMS which it knew or ought to have known was flawed.

Unfortunately, without first consulting me, Crown Lands sent it to Council as the Trust Manager and Mr Birch gave his undertaking to address the issues I raised.

But it seems no one wants to be accountable.

  Its more than a coincidence that one day after responding to an inquisitive Mayor that I had lodged my complaint with Crown Lands and not Council, Crown Lands informed me it was not responding to my complaint as it had requested the Trust to respond and the Trust (Mr Birch) gave its undertaking to do so.

Then came your email (apparently) on behalf of Mr Birch, that "Council was not obliged to reply to matters raised by me to Crown Lands---"

So who is obliged?

With great respect that obligation now rests with you.

  There has been no entrapment here. Mr Birch, a senior officer in Council and representing the Trust manager, was fully aware of the situation and freely gave his undertaking to address the issues I raised concerning Councils management of the CCRT.

I hope the integrity of senior operational staff has not sunk to the depths where they can openly lie to the community and not be held accountable.

  The issue of the Coastal Zone however, is not the only issue that remains unexplained. So too are the issues of  Sect. 10 CLAct ( management for the benefit of the people of NSW) and Councils perceived conflict of interest as the CCRT Manager as well as Councils lack of accountability and community consultation meetings.

Iluka, Yamba and Brooms Head are just the few communities that are making significant sacrifices to their valuable CBD water front lands to contribute to the CCRT. But there is no benefit, fairness or equity to them.

  In particular the Harbour St., residents are subjected to noise, traffic congestion, obstructed views and depressed land values, so that unquantified amounts of CCRT funds can be spent on the beautification of Macleans multi million dollar CBD water frontage, improving views and increasing land values to the River St. residents.

It is not unreasonable for those few communities that are making those significant sacrifices, to want a say in the management of the CCRT that has extensive socio-economic impacts on their lives.

  But more to the point. Why are you trying to prevent it? In doing so, operational staff are exceeding their administrative functions and usurping the role of Cllrs and their policy making functions of directing and controlling the affairs of Council. Your behavior demonstrates your intentions to protect Councils perceived conflict of interest in an indeavour to exploit the CCRT.

  If reserves are funded from the CCRT caravan park revenue, then the larger "the CCRT Manager" can make the caravan park to generate more CCRT revenue, the more savings "the Council" makes to service the wider Clarence Valley.

This may benefit the wider Clarence valley, but it exploits those few communities that are making significant sacrifices to generate the revenues for the CCRT. There is no benefit for them.

Their facilities are left to deteriate in a long waiting list, unable to compete in a competitive tourist market.

Yamba for example:

#   Resurface Ford park as promised 10 years ago and include potable recycled water sprinklers from the Yamba STP that crosses Ford park before it is discharged to sea,

#   Upgrade Yambas zig zag path in Flinders park as promised 15 years ago and improve surrounding aesthetics.

#   Upgrade Yambas rock pool to include barriers and pump to maintain water quality and a safer environment.

#   Assist the funding of volunteer Landcare groups

#   Make the CCRT financial records more transparent to Cllrs and the community.

  If fairness and equity and indeed productivity is to be achieved in the management of the CCRT, those few communities that have made significant sacrifices to fund the CCRT, must be given an effective voice in its management to prevent them from being exploited in the manner you are doing.

I have suggested Sect 355 C'tees or Precincts similar to the Ballina Coastal Reserves Management Plan.

  Accordingly, I respectfully await the Trusts response in addressing the issues I have raised.

Ray Hunt

Yamba

On Wed, Dec 24, 2014 at 1:55 PM, David Morrison <David.Morrison@clarence.nsw.gov.au> wrote:

Dear Ray,

I am responding to and acknowledge your email of 28 September 2014 forwarded by Crown Lands on the 1 October 2014. I am also responding on behalf of Council's Peter Birch.  Council also acknowledges your email of 28 October 2014 to Crown Lands and forwarded to Council on the 3^rd November 2014. Council notes that your email of 28 October to Crown Lands was primarily to lodge a complaint about Council and Council's role as Trust Manager of the Clarence Coast Reserve Trust (CCRT). Council is not obliged to reply to matters raised by you to Crown Lands, but will provide a response to Crown Lands if required.

On matters raised in your email of 28 September 2014, Council provides the following response:

Inclusion of non-coastal zone reserves within the CCRT

Council notes that Kevin Cameron has provided a reply in regards to this matter, and concurs with it.

Application to the Minister for Crown Lands to include Herb Stanford Park (R8422) in the CCRT

Herb Stanford Park (R8422) is gazetted as road reserve. No Trust has been appointed to this reserve and the gazetted purpose does not meet the definition of a public reserve under the Local Government Act 1994. However, Council and the community of Maclean have developed this park over time for the benefit of the Maclean and wider Clarence Valley Community. To ensure its ongoing care, control and management the CCRT have applied to the Minister to have this small but community important reserve included as part of the CCRT.  

Redevelopment of McLachlan Park

The adopted budget for the redevelopment of McLachlan Park will be undertaken largely with grant monies ($500K – Regional Development Australia Fund; $300K – Better Boating Program) and from the sale of Operational land in Maclean ($500K). The CCRT may contribute some monies to complete the redevelopment of this reserve if required, but it will not be in the order that you claim. Similarly, Council and Council as Corporate Manager of the CCRT will apply for grant monies as opportunities arise to offset the majority of the cost of the proposed redevelopment of the Calypso Caravan Park.

Management of Crown Reserves in general

Council and Council as Corporate Manager of more than 90 Reserve Trusts manage more than 200 Crown Reserves covering approx. 1240ha on behalf of the people of NSW. This is in addition to the 272ha of Community and Operational land owned by Council and developed as public open space. Council is aware of its responsibilities as Trust Manager of Crown Reserves under the Crown Lands Act 1989 and will aim to ensure equity of service provision across all public land managed by Council on behalf of residents and visitors to the Clarence Valley. This may include grouping Crown Reserves under fewer Reserve Trusts to improve the efficiency of the management of Crown Reserves on behalf of the people of NSW.

I trust that this clarifies the situation for you.

Yours faithfully

David Morrison

Acting Director Environment, Planning and Community

David Morrison

Manager Strategic & Economic Planning

Clarence Valley Council

Locked Bag 23, GRAFTON NSW 2460

P: (02) 6643 0204

F: (02) 6642 7647

M: 0408 296 365

www.clarence.nsw.gov.au

______________________________

Foot Notes

1. NSW Environment Minister Rob Stokes has announced the development of reforms to the State’s coastal management laws, including improved technical support and new funding arrangements for local government coastal management initiatives.

The coastal reform package is expected to come before the State Parliament at the end of 2015 and will replace the 35-year-old Coastal Protection Act, which the Minister said no longer achieves the desired integrated and balanced approach to coastal management. [National Seachange Taskforce, 20 November 2014]

The unhappiness over plans to remove Maclean's most prominent trees continues

McLachlan Park, Maclean, November 2014

Letter to the editor in The Daily Examiner 12 November 2014:

Keep the camphors

I HAVE followed the comments about the removal of the camphor laurel trees within the Clarence Valley Council area with great interest.

I am neither a "greenie" nor a "tree hugger," but I think that going to the extreme and wanting to remove all the trees mentioned is a bit radical.

If the people or persons concerned within the Council, and the general public would only step back and view the situation before engaging the chainsaws, they would see that the "old" camphor laurel trees have been around longer than most of them.

If these people were observant enough, they would see that most of the dairy farms had some of these trees as shade for the cattle, horse and farm hands.

Observation number 1: There are very few, if any, seedlings of this particular variety of camphor laurel growing in close proximity. Check the area adjacent to the Boulevard and see for yourself.

Observation number 2: The variety in the Bangalow area is of a different growth habit, namely tall, multi-trunked with larger dark green foliage and tends to produce very readily from seed. Some of these have found their way to the Lower Clarence area, and some have been removed.

So, I say to Council, before you remove any large camphor laurel trees from within the council area, check the variety first, and also send your relevant personnel to a plant identification course.

To think that Port Jackson figs, for one, have been suggested as replacement trees for the Boulevard is absolutely horrendous, to say the least.

Ficus trees in general have very invasive root systems, and would undermine the levy wall as well as up lifting the bitumen street. So once again, Council and councillors, think long and hard about this situation.

It seems that the Council made a mistake in filling the park in the first place and now want to beautify the park at ratepayers' expense.

If the reason for the expensive facelift of the park is for additional parking, then why doesn't the Council purchase the empty block across the street and utilise that as a car park.

Probably wouldn't cost as much as a makeover.

Ken Woods

Maclean

It's official. Clarence Valley Council is mad as a march hare

The Daily Examiner 20 July 2013:

Clarence Valley councillor Andrew Baker says he resigned from the environment economic and planning committee in part due to the lack of action in Maclean.

Cr Baker said he was frustrated with, what he termed inaction on plans to link Maclean back to the Clarence River.

The 2011 Clouston plan was widely rejected by the public, Cr Baker said.

The plan was reworked and in June 2012 was adopted by the council, along with a resolution to do "a comprehensive design process for McLachlan Park in 2012/2013, taking into account community views and land tenure considerations".

Cr Baker attended the meeting run by Mr Engwicht, which he said had nothing to do with the design.

He also objected to Mr Engwicht's idea of a "tourist attraction toilet".

"The idea of having a tourist attraction toilet with a secret garden atop to create a secret river experience can only be described as 'on the nose' by anyone who just wants this horrible joke to go away," Cr Baker said.

"It stinks that we would waste ratepayers' money paying someone who wants to hide the river behind the dunny.

"I want Maclean to be thought of as penthouse-quality, not as an outhouse joke."  

All sides in this council debate from the penthouse-quality to the loo with a view have missed the point. 

McLachlan Park is only a name. The reality is that the area in question is a concrete and earthen levee wall of approx. 7,796m2, part of a longer earth wall constructed to protect Maclean against flooding.

It is much more important to ensure the structural integrity of this levee than to tart it up for tourists or remove part of it to provide more CBD parking.

Especially when council management has encouraged councillors to use this 62 year-old high school dropout with no design or planning qualifications (pictured below) as a consultant.

David Engwicht

A relentless self-promoter

The Border Mail 3 and 4 March 2009:

WODONGA’s controversial placemaker David Engwicht has resigned.

The man charged with the makeover of High Street and paid $150,000 a year to do so tendered his resignation to Wodonga Council yesterday.

His last day of work is believed to be today.

Councillors and senior staff have defended Mr Engwicht in recent times after he was excluded from a committee reviewing his $5.4 million concept for a makeover of the city’s main strip shopping centre….

His $5.1 million concept for High Street, released in September, was widely panned...

To date Mr. Engwicht appears to have been paid $5,000 by Clarence Valley Council. 

* Graphic from Running On Carbs

* Photographs from PPS and Engwicht website

A Lower Clarence Call to Arms

Letter to the Editor in The Daily Examiner 13 April 2013:

Join and take action

If you are one of the 4000 people in the area, not consulted, and who care about Maclean and are concerned about the way the Clarence Valley Council has made decisions in the past, and is making right now, join our new action group - the Greater Maclean Community Action Group (GMCAG). Council will listen because we represent many groups in the community.
If you think Maclean has been exploited and/or ignored since amalgamation and want to address this, join.
If you are concerned about losing Maclean's biggest car park to the proposed IGA supermarket and the consequent traffic and parking chaos, join us.
If you think that this development will close businesses during and after construction, join.
If you are worried about losing some of Cameron Park, trees, and the green space behind the library for car parking, join.
If you think that the CVC spending up to $1million on the strip of McLachlan Park between SPAR and the bus shelter is a completely ridiculous waste of money, join.
If you are not one of the 83 members of the Maclean Chamber of Commerce, but would still like to tell the CVC what YOU want for Maclean, join.
And if you are a member of the Chamber and want to be twice as effective, join. If you want development that preserves our beautiful buildings and assets, join. If you want to be part of a vibrant and passionate group of old and young who want good things to happen in Maclean, join.
And joining will cost you only $5. So please come to the public meeting to be held at the Maclean Public School in Woodford St on Monday, April 5 at 7.30pm.

Nicki Holmes

Member of GMCAG

Maclean

Clarence Valley Council rips the green heart out of Maclean, the 'Scottish Town'

Maclean's small and unique central business district has once more fallen victim to the unelected triumvirate which governs the Clarence Valley Local Government Area, with more of its green heart ripped away to please the developer, IGA Metcash.

Despite the eloquent pleas of those councillors hailing from the 'Scottish Town', a majority at the 26 June 2012 Ordinary General Meeting voted to further reduce the size of Cameron Park - until it will resemble nothing more than a barren pocket handkerchief of sun damaged turf between so-called improvements jammed together willy-nilly (see Item: 13.080/12  below).

McLachlan Park which straddles the town's vital flood levee is also under threat to compensate for the original carpark land sold to IGA at an almost bargain basement price.

Once again Clarence Valley Council has broken faith with Lower Clarence residents and ratepayers.

Avid council watchers tell me that It is not hard to work out that this unelected triumvirate is possibly taking full advantage of nine shire councillors who have formed into dysfunctional cliques and, that on most matters it favours National Party political aspirant Mayor Richie Williamson's faction.

Item: 13.080/12 REPLACEMENT PARKING OPTIONS FOR MACLEAN CBD

….options to replace Maclean CBD public carparking lost due to the sale of 3,750m² of Centenary Carpark to Metcash for a supermarket development.

1. Cameron Park, Maclean

Plan A (attached) shows an arrangement whereby 15 additional 90º nose-in spaces can be provided by encroaching 6.0metres into Cameron Park green space. While acknowledging that this is contrary to Council's September 2011 resolution that Cameron Park green space be excluded from consideration, the space sought in this instance is approximately 230m² (out of total green space of approximately 5,500m²) and is located on that section of the Park having least public usage.

Plan A also indicates the provision of an additional thirteen 90º nose-in spaces immediately adjoining the swimming pool. This would require the relocation of the three long-vehicle spaces currently at this spot, and it is proposed to relocate those to the northern side of Argyle Street, shown on Plan B.

2. McLachlan Park

A concept plan prepared by the Maclean Chamber of Commerce for the upgrade of McLachlan Park incorporates 45º nose-in parking. Council staff have refined that plan to provide 16 additional spaces (29 new – 13 existing), including 3 in the carpark beside Spar following demolition of the existing toilet block (refer Plan C)……

3.5 Cameron Park

Remove 7-9 trees and excavate topsoil from 6 metre wide strip, construct carpark and line mark for 15 spaces; construct carpark adjacent to pool and line mark for 13 spaces. In conjunction with those works, the remainder of Cameron Park should be upgraded including new toilets, improved playground, additional seating and BBQ shelters. An improvements plan will need to be prepared and all works could be funded from the proceeds of the supermarket site sale.

3.6 McLachlan Park

The preliminary concept plan suggests the following works:

 Remove 5 Camphor Laurel trees

 Remove existing footpath and excavate 2-3 metres into park.

 Underground power along park frontage as required.

 Construct retaining wall along edge of excavation, designed to protect the integrity of the levee.

 Relocate the bus bay approximately 30 metres to the north.….

The total number of replacement spaces is now 86, leaving a shortfall of 23 spaces.

Mapping here.

Before Clarence Valley Council moves further with this park theft, local people might like to write or email councillors (details here) and tell them just how 'thrilled' they are at the prospect of losing more of Maclean's public, passive green space.

The adventures of Chris in Macquarie Street

Yesterday, Wednesday 14 March, Chris Gulaptis MP, spoke twice in the chamber (see below). 

The Member for Clarence is yet to get his portrait on the parliamentary website. Why? He's never been known to be camera shy. 

1. At 8.13pm he spoke to support the Government Information (Public Access) Amendment Bill 2011. That was a rather simple, straightforward task. After all, the bill was being given bipartisan support.

2. At 9.04pm he was on his feet again, making a Private Members' Statement on the Maclean Highland Gathering. Again, no big challenge.

Mr Gulaptis commenced his speech with an acknowledged of the efforts of the Lower Clarence Scottish Association for its continued support of the Maclean Highland Gathering.

He then went on to add:

Maclean is of course renowned for being the Scottish town in Australia. Maclean's Scottish character originates back to the 1830s and 1840s in Scotland following the Jacobite's defeat at Culloden, the Highland Clearances, potato blight famine and prevailing disastrous economic conditions. The only future lay in emigration. In Australia John Robertson pushed through Parliament the Free Selection Act legislation, which provided for anyone to take up land from 40 to 320 acres for a down payment of 5 pence per acre with three years to pay. Some 450 Scottish families settled in Rocky Mouth. Surveyor-General Alistair Maclean ordered the town to be properly laid out. That was done in 1862 and named Maclean after the Scottish-born Surveyor-General. Many of its new streets were named after places in Scotland—Argyll, Morvern, Clyde, Oban and the like. Commerce and hotels sprang up under Scottish businessmen, such as Alexander Cameron, Samuel MacNaughton and John McLachlan. Churches were an intrinsic part of Scottish life and elders of the Free Kirk erected their church in 1868. It remains the oldest church still in use in the Clarence.

In 1886 the Murray Brothers, natives of Thurso, and local sawmillers, sponsored the first local Highland gathering in Maclean, and with the exception of the war years it continues to this day. This year at Easter will be the 108th Highland gathering. The Lower Clarence Scottish Association was formed in 1893. It has now existed continuously for 119 years. A pipe band was formed in 1898 under Donald Mathieson—formerly from Inverness—and has continued to this day. The primary function of the association is to organise the annual Highland gathering held at Easter each year. It is a major function of State and national significance in Scottish circles. The association has always required a chieftain as its head, and usually the chief remains in the post for many years. The current chief is Chief Peter Smith and the immediate past chief was Reverend Kenneth Macleod, he being a native Scot and probably the only Gaelic speaker currently in the Lower Clarence. The current secretary, Robert McPherson, OAM, and previous secretary, Norman McSwan, have held the secretarial portfolio for at least 57 years between them. Current senior chieftain is Roger McLean, junior chieftain is Graham Anderson, and Treasurer—for some 34 years—is John McPhee.

At this year's gathering 25 inter-district bands from Sydney, Brisbane and New Zealand will attend the gathering in a competition arena and there will be sports and fellowship. Competitions commence on Good Friday in drumming and solo piping, and on Friday night the main street is closed for a street festival with bands, dances, massed bands, a civic welcome and a concert in the Civic Hall. Easter Saturday commences with a full regalia street march of visiting and local bands through the shopping centre. Activities then take place at the Maclean showground where drumming, piping, dancing and bands compete, and there is a full array of Highland games such as caber tossing, pole wrestling, tug of war and the like. The finale of the day is always a very stirring massed bands display—a fitting end showing what Maclean is all about.

In 1986 local bank manager Mr Graham Leach initiated the thematical idea of rediscovering the town's Scottish heritage. Thus the Maclean Scottish Town in Australia Association was formed. The association's committee has undertaken numerous tasks to benefit the town's Scottish identity, including erecting a Scottish cairn in a town park, a pioneers memorial wall, painting some 220 power poles with Scottish tartans, organised concerts for Tartan Day and Kirkin' o' the Tartan Services for Easter Sunday. There have been only two presidents of the Maclean Scottish Town in Australia Association—Howard Cowling for two years and Robert McPherson, OAM, for the past 24 years. Secretary for 24 years is Warren Rackham and Treasurer is Roger McLean. Hardworking member Nancy Bain, OAM, has also been on the committee since its inauguration. I commend the efforts of the Lower Clarence Scottish Association.

At 9.10pm his parliamentary colleague Craig Baumann (Member for Port Stephens and Parliamentary Secretary (Regional Planning)) [9.10 p.m.] " congratulate(d) the hardworking member for Clarence on advising the House of the upcoming Maclean Highland Gathering."

Mr Baumann added, "Many of us have Scottish skeletons in the closet and these gatherings and festivals are a great way to enjoy and celebrate that heritage. 

"I notice there is a tradition of developers naming streets after their children. It is good to see that in those days surveyors-general named towns after themselves."

Source: Full Day Hansard Transcript (Legislative Assembly, 14 March 2012, Proof)