Knock back for wetland sub-division
By Tim Howard
A proposed six-lot subdivision in West Yamba has been knocked back because sewage flows coming from it could impact a conservation zone, which was also part of the development.
At the same meeting where Clarence Valley councillors could not support a notice of motion to move toward banning development on flood affected land at West Yamba, councillors voted 6-3 to knock back the proposal for this sub-division at 181 Carrs Dr, Yamba.
The proposal for six large lots, with a minimum lot size of 5000 square metres, was zoned R5 Rural, with a section of the sixth lot zone C2 Conservation.
It was the effect of effluent disposal on the C2 section which swayed Cr Greg Clancy to move to refuse the proposal and Cr Peter Johnstone to second it.
Cr Clancy was also critical of the Biodiversity Development Assessment Report for the site, which recognised threats to flora, mainly the forest swamp oak on the site, but failed to refereed a range of threatened animal species, including brolgas, which were know to inhabit the area.
He also questioned the suitability of the site, which was “basically a wetland” for development.
“It’s in a swamp of open forest which is flood prone as photos of the area taken in February/March 2022 show,” Cr Clancy said.
“We should not be putting houses on wetland, let alone flood plain.”
Cr Johnstone said his biggest issue was the C2 zone on the sixth lock in the development.
He said the area was important as a wildlife corridor connecting the Bundjalung and Yuraygir national parks.
“Building on that sixth site is going to cause damage to the wildlife corridor,” he said.
“It’s been confirmed we’re going to have sewage outflows onto the conservation area which means liquid sewage include human excrement and other chemicals going onto the site.
“And there will be the issues of residents dogs and cats will need to be restrained from going into 10% of the area.”
He said the the C2 zone would be in place for 50 years and the decision the council make which would allow building on the site would affect the area for 90s years at least.
“If we allow this develop to cut the wildlife corridor we’ll never get it back,” he said.
Cr Karen Toms warned the council could be opening itself up to a case in the Land and Environment Court.
She also accused Cr Clancy of coming to the debate with a closed mind after he said he had put in his motion to refuse before attending the site inspection last Tuesday morning.
Cr Clancy called a point of order and Mayor Ian Tiley, while not admitting a breach, warned Cr Toms to “temper her remarks”.
C Toms said she didn’t think Cr Clancy’s reasons for refusal would stand scrutiny in the Land and Environment Court.
“The experts on staff do not say things lightly in their reports, an now we have non-experts saying things have been not properly addressed,” she said.
She said the land was zoned R5 and was approved for this type of development.
But Cr Steve Pickering supported the motion, saying protecting the R5 and C2 areas was “asset protection” for the council.
“For the R5 to use a the C2 area to reduce impact shows the two don’t go hand in hand,” he said.
Cr Pickering was also unhappy that after an initial audit of flora and fauna had been questioned, the developers proposed a $251,000 biodiversity offset.
“Site 6 is in the C2 zone and if we can’t protect the environment on the site, that doesn’t sit right with me,” he said.
He said the idea that the threatened species, like glossy black cockatoos and black necked storks in the area could be preyed upon by neighbours cats and dogs was “a crazy thought”.
The motion was 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.
Crs Clancy, Johnstone, Pickering, Ian Tiley, Jeff Smith and Bill Day voted for the motion. Crs Toms, Debra Novak and Alison Whaites were against it.
Caption: A section of the BDAR which shows the effect on vegetation in the area of the development.