Clarence Valley News
Another Yamba flood plain DA under scrutiny
Another Yamba flood plain DA under scrutiny
By Tim Howard
Yamba residents are hoping regulators will rule out another development on the flood plain when a Land and Environment Court conciliation conference comes to the region next week.
The court has called a conciliation conference for July 2 between Clifton Yamba Lifestyle Pty Ltd and Clarence Valley Council after legal action was taken over a “deemed refusal” of a 216-dwelling estate development, DA 2023/0241 at 110-120 Carrs Dr.
The conference gives the opportunity for residents opposed to the development to present evidence to the LEC commissioner, who will oversee the conference.
The conference was to have included a site visit, but this has been dropped and resident speakers will give evidence on a Teams link or over the phone.
A court officer said a publicly accessible Teams link would be made available for this part of the conciliation process.
After the residents’ evidence, the conciliation will move into confidential session, likely using a separate link, with the parties and senior commissioner taking part.
The development has been in the sights of influential community group the Yamba Community Action Network.
The group made several submissions to the Northern Regional Planning Panel which refused a development application earlier this month for a 284-lot sub-division not far from this development.
At the same time the group was invited to Parliament House in Sydney to give evidence to a Parliamentary Committee looking into planning and environmental issues.
Yamba CAN secretary Lynne Cairns said her members were concerned the developer had made changes to its proposal since legal action commenced earlier this year.
She said council’s solicitor has told her that if there were changes they would be “without prejudice”, so could not reveal what they might be.
The court has confirmed it would not release any communications it had with the parties, a policy which Ms Cairns described as garbage.
“We need to know if there have been changes to what was originally proposed in order to make comment on it,” she said.
“If we’re going to provide evidence on something, we have to know what’s different.”
She also said, “she thought it was paramount the commissioner of the court needed to undertake a site visit to fully understand the area and cumulative impacts.”
Ms Cairns said there were similar concerns to the Miles St development the NRPP refused earlier this month.
“We’re particularly concerned about the evacuation procedures during a flood,” she said.
“And most of our concerns are virtually the same as the Kahuna DA.
“In fact, the documentation for both evacuation plans looks remarkably similar.”
Problems with the evacuation plan was one of the four reasons the NRPP decided to refuse the DA.
The LEC website said: “Conciliation is a process in which the parties to a dispute, with the assistance of an impartial conciliator, identify the issues in dispute, develop options, consider alternatives and endeavour to reach agreement.
“The conciliator may have an advisory role on the content of the dispute or the outcome of its resolution but not a determinative role.
“The conciliator may advise on or determine the process of conciliation whereby resolution is attempted, and may make suggestions for terms of settlement, give expert advice on likely terms, and may actively encourage the parties to reach agreement.”
After the conciliation conference the LEC has scheduled a directions hearing in Sydney for July 11.
For more Yamba news, click here.
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