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Grafton News

“Unreasonable complainant” vindicated

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Mayor Jim Simmons
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“Unreasonable complainant” vindicated

By Tim Howard

A Yamba woman Clarence Valley Council branded an “unreasonable complainant” has been vindicated in the findings of independent regulator the Information Privacy Commission.
In a report released last month, the commission found the council erred in refusing a GIPA request from Lynne Cairns for documents linked to a controversial development application for a property on the Yamba canals.
On November 5, council general manager Ashley Lindsay emailed an apology to Mrs Cairns for refusing her request.
“We got it wrong,” Mr Lindsay said. “I’ve apologised to Mrs Cairns and I have staff working on getting the documents she has asked for.”
He was reluctant to discuss how the council failed to correctly apply the GIPA (Government Information (Public Access) Act) legislation.
Although Mr Lindsay advised Mrs Cairns to make a GIPA application, by the time the request came in June, he was on sick leave and the decision to refuse was made by the acting general manager, Laura Black.
Also in April Mrs Cairns made a formal complaint to Mayor Jim Simmons, informing him she thought the council was failing its GIPA requirements.
Cr Simmons replied to Mrs Cairns in May, saying redacted copies of the documents would be sent to her within three days. That didn’t happen.
Mr Lindsay was at a loss to explain the handling of the GIPA request.
“We should have assessed the GIPA request in accordance with the legislation,” Mr Lindsay said.
“This is no excuse, but I wasn’t at work at the time, I wasn’t aware of the GIPA application until … we got that letter from IPC.
“So I can’t really comment on why we didn’t deal with it properly.”
Mr Lindsay agreed the acting general manager, Ms Black, during the period, was “well qualified”.
“I can’t really comment further,” he said. “My response to Mrs Cairns is that I’ve apologised and staff are working on getting the information she requested in line with the GIPA legislation.”
Council took another look at the development early in the year.
It inspected the works in February 2021 and ordered modification request and a fresh DA for works completed, under construction or to be built.
Mr Lindsay said council had provided some of the information she requested, which was included when the modification request and the new DA were submitted earlier in the year, hinting staff frustration with her persistent requests might have been behind the GIPA request refusal.
There are hints council staff viewed the residents’ objections as unimportant.
In reports to the May meeting about the new DA and the request for modification it noted the original DA approach “was not well received” and result in a “high level of scrutiny during the construction phase”.
Mrs Cairns said she and her husband were not the only ones concerned as council had removed the as built non-complying, unlawful structures into a new DA in order that these structures complied.
Council removed Point 14 of Conditions of Consent from the new DA “All structures located within the 7.5 metre rear building alignment shall not exceed 1.2 metres in height from existing ground level.”
Submissions against the DA included 40 signatures in a petition as residents knew this would set a precedent which could potentially impact their views, sun, breeze and devalue their properties.
But neighbours were not happy as the as built development differed from the original DA, did not comply with regulations and were not included in the original plans including a retractable privacy screen, a water tank and a 4m high privacy screen, from ground level, just behind the revetment wall.
Council’s May reports said “council progress inspections did not occur during construction works”.
“Residents in the canal have just watched the unlawful, non-complying development being constructed, emailed the general manager and he took five months until he finally had a staff member telephone the builder to stop working on the development,” she said.
Mrs Cairns emailed in May 2021 asking why council hadn’t acted in accordance with its planning acts, regulations and enforcement policy. No response was provided.
Mr Lindsay also noted the council was not the only organisation providing information for Mrs Cairns.
“It’s not just staff here that are running around after her,” he said. “She’s got people at the IPC, NSW Ombudsman and the Office of Local Government chasing up information for her.”
The dispute over the 19 Gumnut Rd DA goes back more than two years.
Mrs Cairns, and other residents who live near the property accused the council of mismanaging a development application the owners had lodged for a deck, studio, carport and awning council staff approved under delegated authority in 2019.
Council had ignored photos and wording in Mr and Mrs Cairns submissions in November 2019 prior to original DA approval.
These photos showed the development had been partially constructed prior to DA approval and asked whether a survey was done.
Council ignored this for nearly 18 months. Mrs Cairns received a copy of a basic survey, for the first time, on May 12, dated March 26 after the development had been constructed.
The constructed building is within the required setback and it did not meet the required floor height as required on flood liable land according to council flood mapping.
Between March and June 2021, she was in regular contact with the council, through Ms Black, seeking the documents.
On June 28 Ms Black advised Mrs Cairns that month’s council meeting had resolved the matter and the council would no longer provide her with information about the developments.
On June 30 Mrs Cairns lodged a GIPA request, which the council rejected a week later, based on Section 51 of the GIPA Act, which allow requests to be rejected if they cause “an unreasonable diversion of the agency’s (CVC) resources.”
A week later Mrs Cairns lodged a request with the IPC for a review of the council’s decision.
The council went a step further, late in July, when Ms Black informed Mrs Cairns council staff would no longer interact with her, unless it was regarded as an emergency or an electoral matter and that she had become an “unreasonable customer complainant” – a declaration that would stay in force for six months.
Mrs Cairns said her status as an unreasonable customer complainant had not been resolved.
She knows of two men who have been in almost constant email communication with the council since 2017 and the result was the governance office made an appointment to speak with them. Both men provided email confirmation of this.
“The governance officer stayed there for three hours discussing their issues,” she said.
“Neither of these fellows have been claimed as unreasonable complainants, so it’s inconsistently applied policy.”
In August Mrs Cairns lodged a formal complaint about Ms Black with Mr Lindsay, who had returned to work after a lengthy illness break.
At the same time she informed Mr Lindsay of her GIPA request, which he claimed to know nothing about until after the IPC findings were released.
Mr Lindsay said while the GIPA request was not handled well, the substantive matters behind it were not in question.
“We had three independent assessments of the work done at 19 Gumnut Rd and all agreed the variations were of a minor nature and the as built items were compliant,” he said.
“They had gone above and beyond the original DA approvals, but that’s why we required a modification request and a new DA.”
Mr Lindsay said the property owner’s decision to begin works before getting consent had put council in a difficult position.
“We have a policy of retrospective approval in these situations, if the work is assessed as complying with our planning codes,” he said.
“We can’t just refuse something because work began before consent was given. There are State laws which say if work is compliant, then it’s legal.
“We would be in real trouble if we refused it or ordered it to be taken down if a court found the work complied with the rules.”
Mrs Cairn said the variations were not “minor” as confirmed in the DA Lodgement Checklist Modification of Development Consent with s4.55(2) ticked.
She said council reports were not accurate.
Mrs Cairns said the reports mentioned a portion of the decking was exempt under the State Environment Planning Policy (SEPP) (Exempt and Complying Development Codes) 2008.
“The area that exceeds the SEPP is conservatively calculated at less than 11sqm and is considered a minor variation.”
Mrs Cairns obtained assistance from a building surveyor to calculate the decking exempt under SEPP and this is 25sqm.
The amount of decking constructed as described on the new plans was 122.6sqm.
Upon inquiry to council’s planning section email replied “the codes SEPP does not permit variations and neither of the current applications before council are exempt/complying so the Codes SEPP is not applicable.”
She said there were 10 variations to council’s development control plan not two as claimed in the council reports.
Mrs Cairns wondered why Clarence Valley Council was so far out of step with other regional councils in providing information on its website.
“I’ve done research on Ballina, Armidale, Port Macquarie and Coffs Harbour,” she said.
“All of those councils have the majority of those DA documents available on their websites.
“Probably the most user friendly one is Ballina. It just brings up the documents and you can look at it. No redactions whatsoever.
“If our council would follow that, it would save them a lot of time and resources.”
Mr Lindsay said the council’s website was a work in progress.
“We’ve just made some changes to it and I know there are more changes to come,” he said.
“I’m not aware of what other councils are doing, but I agree in principle that easier access to documents is the best way to go.”
Mrs Cairns said she has been advised the outcome of NSW Ombudsman’s inquiry in relation to 19 Gumnut Rd states.
It said “the Ombudsman’s office cannot replace council’s discretion to make planning decisions.”
In relation to being branded an “unreasonable complainant” Mrs Cairns is awaiting a further response, however the Ombudsman’s office found “council had departed from its unreasonable complainant procedure.”

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Clarence Valley News

Clarence Valley Orchestra Medical Student Scholarship

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Clarence Valley Orchestra Medical Student Scholarship
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Clarence Valley Orchestra Medical Student Scholarship

 

The Clarence Valley Orchestra (CVO) is proud to announce their first scholarship candidate for their new Rural Medical Student Scholarship worth $5,000 to Mattea Lazarou in Grafton.

Mattea says, “I have been fortunate enough to complete the beginnings of my medical education as part of the Graduate School of Medicine at University of Wollongong. With a strong focus in contributing to the health and wellbeing of rural Australia, the program sees students undertake a year-long placement within a rural community. With personal connections to the local community, I was thrilled to be placed in the Clarence Valley to complete this stage of my training. It is through my placement in Grafton and surrounds, that my own passion for practising rural health and contributing to the wellbeing of rural communities was encouraged. It was a privilege not only to be surrounded by enthusiastic mentors and teachers within the hospital setting, but to connect with and hear the stories of community members, both within the hospital and beyond. I was fortunate enough to be given the opportunity to return to the Clarence Valley in this latter half of the year and undertake additional experience in both Grafton and Maclean hospitals. I am grateful to complete this final stage of training with the support of the Clarence Valley Orchestra’s generous scholarship. I look forward to returning to Grafton to work as a doctor throughout my career to give back to the community that has showed me so much kindness and opportunity”.

The University of Wollongong’s Dean of the Graduate School of Medicine, Professor Zsuzsoka Kecskes has commented that “we are very excited about the recent awarding of the first Clarence Valley Orchestra Medical Scholarship and would like to once again congratulate Mattea on her successful application. In times when living costs continue to rise, it’s vital for our students to have external support and encouragement to stay on track toward their dream careers and to feel the impact their efforts can have on our communities. We want to express our gratitude to the Clarence Valley Orchestra for their incredible support – our partnership is a fantastic example of how community efforts can uplift and empower future generations.”

The idea of Artistic Director and Conductor of the CVO Dr Greg Butcher, says “the Orchestra is thrilled and has agreed to keep the $5,000 scholarship going over the next 2 years (3 years in total) as a way of ‘thinking outside the box’, hopefully attracting GPs to the Clarence Valley and wider area in the future. These scholarships along with other major community donations are funded from tickets sales from the orchestra’s major concerts. CVO’s next concert, An Afternoon at The Pops, will be their 10th anniversary and will be on Sunday 27th October at the Saraton Theatre Grafton, performing with the Comedy Trio the Kransky Sisters, with compere comedian Anthony Ackroyd”.

 

For more local Clarence Valley news, click here.

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Grafton News

More Homes for the Northern Rivers as Junction Hill Site Released

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More Homes for the Northern Rivers as Junction Hill Site Released

 

In a significant step toward bolstering disaster-resilient housing in the Northern Rivers, the Minns Government has announced the release of land in Junction Hill near Grafton, as part of its broader initiative to deliver up to 1,000 new homes. This marks the seventh land release under the $100 million Resilient Lands Program (RLP), a key component of one of Australia’s largest flood-resilience efforts, alongside the $790 million Resilient Homes Program funded jointly by the State and Commonwealth.

The Junction Hill site joins previously identified locations in East Lismore, Goonellabah, North Lismore, Brunswick Heads, Casino, and Lennox Head-Ballina. Collectively, these sites are expected to yield more than 4,300 homes across the region, addressing the critical need for safer and more resilient housing following the devastating 2022 floods.

A Memorandum of Understanding (MoU) has been signed between the NSW Reconstruction Authority (RA), Transport for NSW, and the Clarence Valley Council to outline necessary transport infrastructure improvements for the Junction Hill site. This infrastructure is crucial to supporting the anticipated growth and development in the area.

The NSW Government has also detailed its Resilient Lands Strategy, which identifies additional sites in Murwillumbah, Goonellabah, and Kyogle. The strategy, developed through extensive community consultation and expert peer review, aims to accelerate the supply of land for residents affected by the 2022 floods. It complements, rather than replaces, ongoing land releases and housing developments across the Northern Rivers.

The RA is now working with councils, landowners, infrastructure providers, and various partners to expedite land and housing developments as quickly as possible.

For more information, visit the NSW Reconstruction Authority website.

Key Government Statements:

Minister for Planning and Public Spaces, Paul Scully: “It is critical that communities are assisted in building resilience to natural disasters. The release of land at Junction Hill and the Resilient Lands Strategy demonstrate that the Minns Government is serious about properly planning for the future. With housing stress and homelessness remaining high in the Northern Rivers, these initiatives are vital in creating up to 4,300 flood-resilient home sites.”

Minister for Emergency Services, Jihad Dib: “The Resilient Lands Program will accelerate the delivery of new land and housing, providing locals with safer options. Clarence Valley is the fifth council to receive support under the program, and we will continue working with other councils to bring more housing to the Northern Rivers.”

Minister for Regional Transport and Roads, Jenny Aitchison: “The Minns Labor Government is committed to ensuring that people in the Northern Rivers have safer homes connected to essential services. Good transport infrastructure is vital for the success of new housing developments, and the release of land at Junction Hill will support this.”

Parliamentary Secretary for Disaster Recovery, Janelle Saffin: “Flood-affected communities across the Northern Rivers have been keenly interested in safer land and housing options. I’m pleased to see Clarence Valley included in the Resilient Lands Program, and there is more to come.”

Member for Clarence, Richie Williamson: “This site has been zoned for development for some time. It’s flat, flood-free, and close to town—a rarity in the Northern Rivers. The only thing holding back development is the necessary transport infrastructure upgrades, which this initiative aims to address.”

The release of the Junction Hill site and the broader Resilient Lands Strategy reflect the NSW Government’s commitment to providing disaster-resilient housing and ensuring that the Northern Rivers community is better prepared for future challenges.

 

For more local Grafton news, click here.

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Clarence Valley News

Fears of Grafton airport snub for $6m centre

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Clarence Valley Mayor Peter Johnstone said the council must lobby strongly to ensure a $6m Emergency Services Coordination Centre is built at the Grafton Regional Airport site.
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Fears of Grafton airport snub for $6m centre

 

By Tim Howard

Fears the NSW Government could snub Grafton Regional Airport for a $6 million emergency services co-ordination centre for the Northern Rivers has stung the Mayor into last-minute action.

At the final council meeting ahead of the September 14 Local Government election, Clarence Mayor Peter Johnstone rushed in a mayoral minute to lobby Emergency Services Minister Jihad Dib to “strongly consider” Grafton as the preferred site for the centre.

Cr Johnstone said in early 2023 the government announced an $8.5 million investment in the new Fire Control Centre and Emergency Operations Centre at the airport.

It would include a facility for co-location of emergency personnel from the RFS, SES Fire and Rescue at NSW and police to be able to respond to fires, floods, storms and a range of other emergencies, and was to include an operations and logistics centre, administration offices, training rooms, storage base and vehicle base.

He said the Reconstruction Authority has confirmed funds of $6 million have been secured to construct an Emergency Services Coordination Centre to service the Northern Rivers, and that a consultant would soon be engaged to undertake a site feasibility study.

Cr Johnson said discussions so far have favoured Lismore as the site for the proposed centre.

He said the evidence would suggest Grafton Regional Airport was an ideal site for the proposed centre.

“We are considered one of the very worst places, if not the worst place, for potential floods in the future,” he said.

But Grafton Regional Airport is a dry airport. We are on the main highway, Pacific Highway.

We have transport links in terms of railway.”

Cr Johnstone said that while the Clarence was at the top of flood risk areas in the State Disaster Mitigation Plan, its bushfire risk had been downplayed.

“I look at that chart and we’re right down there in terms of bushfire, and that, to me, makes no sense at all, when 60% of our local government area was burnt in the last in the last fires,” he said.

“And I consider that when they put us right down there in terms of the average annual loss, they put us down as having an average annual loss of $3 million It’s ignoring several bits that they should be considered.”

The mayor said the region had suffered heavily in the 2019-20 fires and was at risk from future fire.

“Farms and industries in areas are affected by bushfires will not only potentially lose infrastructure, which is all its report is considering, but also affect production for several years, I’m not convinced that that’s been put into these figures,” he said.

“And finally, habitat and species loss. The wilderness areas of the Clarence contain rare and uncommon habitats that date back to different climatic conditions in the Australian subcontinent, plants and wildlife that are rare and endangered, some may not even be known to science.”

Cr Debrah Novak backed the Mayor, pointing out that the proposed site for the centre in Lismore was at risk in emergencies.

“The Grafton Regional Airport is the no brainer for the Northern Rivers, simply because it was the only airport that didn’t go under,” she said.

“It’s a project that is ready to go, it doesn’t need a whole lot of funding to get it ready to be the Northern Rivers Emergency Management Centre, whereas, if Lismore is the airport chosen to be the central point for emergency management, there’s a lot of work that needs to be done there.

“There’s still planes sitting in their paddock up there that were destroyed on the back of the 2022 floods.”

There was unanimous support from councillors.

Cr Steve Pickering said the centre would be a boost for the area, providing jobs and infrastructure

The council could also use the presence of the centre to lobby the government to take control of the site and take the expense of running the airport away from the council, said Cr Greg Clancy.

Cr Karen Toms said it was crazy the government was thinking of replicating what was happening in Grafton in Lismore.

“It’s a huge efficiency savings and it just makes sense, so let’s hope we can get them to change their mind,” she said.

Councillors voted unanimously to support the mayor’s minute.

 

For more local Grafton news, click here.

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