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Clarence Valley News

Green light for motel rooftop alcohol sales

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An aerial view of the rooftop of 2 Queen St Yamba, where council has agreed to allow the owner to sell alcohol to sell alcohol to patrons for limited hours three days a week. Image from property.com.au website.
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Green light for motel rooftop alcohol sales

 

By Tim Howard

The objections of neighbours of a controversial motel development in Yamba have been overruled by a vote of Clarence Valley Council.

The owners of the motel at 2 Queen St Yamba put in proposal to modify its development consent to allow limited sales of alcohol from its rooftop.

Previously the owners had been restricted to allowing BYO alcohol consumption on the motel roof until 10pm.

The proposal, agreed to at the council meeting, allows alcohol sales on the rooftop from 4pm to 6pm on Wednesdays, Fridays and Saturdays.

The proposal drew 17 submissions from the public, all against it.

Other businesses and residents believed it would create a noise problem for them and their patrons and would be hard to police effectively.

Others claimed restrictions on non-patrons drinking on the roof had been broken and others feared it opened the door for large-scale functions such as weddings with 100 plus in attendance.

Others pointed out a similar request during the DA stage had been refused and nothing had changed to warrant the backflip.

Cr Ian Tiley light-heartedly questioned how it would be possible to police the conditions in the modification.

“How the devil would we be able to effectively police a condition like this,” he said. “You’re gonna have to be there all night when they fall off the roof. Will the ranger need to take a drink with him?”

Three councillors, Jeff Smith, Debrah Novak and Greg Clancy were concerned enough from the submissions to vote against the proposal, but the other six were not convinced.

Cr Smith actually called the item so he could move it and vote against it.

“I’ve actually lived near one of these places 20 years ago, (and there were) all sorts of dramas,” he said.

“The recommendation admittedly is quite restrictive and good on them.

“I see issues potentially down the track. And as I said, just to acknowledge those 17 submissions against I’ll be voting against this motion.”

Cr Steve Pickering was initially in Cr Smith’s camp, but when he saw the details of the proposal, he changed his mind.

“We have to vote on what’s been presented to us today,” he said. “And the modification is to allow the sale of alcohol for two hours between 4pm and 6pm, three afternoons per week being Wednesday, I think Saturday or Friday or Saturday and Sunday, two weekends and a weekday.”

Cr Pickering said the zoning of the precinct persuaded him approval was the right way forward

“To allow the sale of alcohol in the afternoon, three days a week, isn’t a big ask, especially when the area is zoned a tourist tourism that’s not a residential zoned it is tourism zoned,” he said.

Cr Debrah Novak said the council had experience from making changes to consent conditions in Yamba’s CBD, that should make it cautious.

“It’s all very well to be able to put consent conditions in, but to enforce it is going to be the difficult part and I believe that by you know when this first came to council, it came as a motel it didn’t come as a hotel,” she said.

“My understanding to the facility doesn’t have food on site either. So they bring food in for guests.

“So for me, it just it’s a headache waiting to happen, so I won’t be supporting it at all.”

Cr Karen Toms was scathing of the objections to the development, saying they opened the council to a hearing in the Land and Environment Court.

“Wow. I’m quite flabbergasted by some of the arguments against this development modification” she said.

“Clearly they’re taking no notice at all of the EP and A Act. The power to modify a development consent is provided under Section 4.55 of the Environment Planning and Assessment Act.

An aerial view of the rooftop of 2 Queen St Yamba, where council has agreed to allow the owner to sell alcohol to sell alcohol to patrons for limited hours three days a week. Image from property.com.au website.

An aerial view of the rooftop of 2 Queen St Yamba, where council has agreed to allow the owner to sell alcohol to sell alcohol to patrons for limited hours three days a week. Image from property.com.au website.

That’s the legislation that our planners have to assess this on.”

She took aim at some of the issues other councillors raised.

“To hear Cr Smith saying no because of an experience he had 20 years ago is extraordinary,” Cr Toms said.

“I just can’t understand how you could use that and actually say that in a chamber as a reason for not supporting something that is clearly the officers recommendation and they’re the experts.”

She also took aim at Cr Novak’s claims council had been by other decisions to change consents in the CBD.

“It surprises me that Cr Novak brings up another business in Yamba and the issues about that and talks about it being a nightmare when it has nothing to do with it,” she said.

“That’s a noise issue and we need to ensure that when we make decisions, we don’t use other things.”

But Cr Clancy was not convinced the council should be so cowered by the threat of court action it became a rubber stamp for developers.
“We are the councillors who have to decide on this we take advice from the staff and the staff that their job in a professional manner,” he said.

“And even if modification is allowed under the Act, which it is, that doesn’t mean that we have to automatically rubber stamp everything that comes through.”

Cr Alison Whaites was more convinced by the economic arguments behind allowing the consent modification.

“For those two hours this business can be making money,” she said. “So they’re only drinking. I don’t understand what the difference is they’re only drinking alcohol.

“They could be partying and yahooing whatever they’re doing so that’s why can’t the applicant earn a little bit of money out of that, a few hours every week.”

In his right of reply Cr Smith expressed surprise at council’s willingness to dismiss lived experience in these matters.

“Yes, it’s true you can’t beat lived experience but let’s just put that aside,” he said.

“Yeah, there is there is drinking going on up there till 10 o’clock and as you can see by some of those submissions, if you’ve read them that it kicks on until 11 o’clock, there’s noise, there’s all sorts of drama that has been raised here.”

Cr Toms raised a point of order saying it was not permitted to use matters raised in submissions in debate, but Mayor Peter Johnstone overruled her.

Cr Smith said there were already issues and this modification did nothing to stop them, but might make it worse and put pressure on enforcement agencies like rangers and the police, whose resources were already stretched.

“It’d be lovely sitting up on top of the roof there overlooking the park and the Pacific Ocean, the cenotaph, there. Top spot,” he said.

“That said, like it’s already going on. And there’s already problems.

“It comes back to are we just creating another drama that we’ve got our rangers or police or neighbours that have gotta keep keep complaining about.

“It’s already going on? It’s just another drama that’s unnecessary in my opinion.”

Councillors voted 6-3 for the consent modification with Crs Smith, Clancy and Novak against.

 

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Clarence Valley News

No date yet for pool opening

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Months of wet weather has delayed the opening of the new Clarence Regional Aquatic Centre, despite the efforts of builders Hines Construction and local sub contractors. Clarence Pool
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No date yet for pool opening

 

By Tim Howard

There is no firm date set for the opening of the Clarence Regional Aquatic Centre after rain delayed a pre-Christmas opening.

Clarence Valley Council general manager Laura Black said more than 327mm of rain fell in Grafton between October and mid-December, causing delays that could not be overcome.

Ms Black praised the builders, Hines Construction and their dedicated sub-contractors, for trying to overcome the hurdles the weather placed in front of them.

“Hines Construction and their dedicated sub-contractors, many of whom are local, worked  through to Christmas Eve in an effort to complete as much of the outdoor facilities as possible by the end of January 2025,” she said.

The indoor pools, splashpad, and remaining project components are expected to be finished by the end of February 2025.

“We know the community will be disappointed having had no pool for the last couple of summers, as are council’s project managers who have been working hard behind the scenes to deliver the much-needed facility on budget,” she said.

“We are fortunate to have a good relationship with the contractor who continues to make strides, including completing the final sections of structural steel, installing the hydronic in-floor heating system around the indoor pool, and putting up shade structures for the 50m pool, splashpad, and grassed areas.”

Ms Black said some progress had been made despite the wet conditions.

She said concrete work, including the installation of pathways and core filling the blocks at the rear of the 50m pool building, tiling in the front-of-house amenities and pool areas, went ahead in the lead up to the Christmas break.

And just before Christmas Essential Energy installed the new substation and main switchboard for the pool.

Ms Black said council had also used the time to plan for the opening when it was possible.

“Despite the wet weather delay, enthusiasm for organising the celebratory opening has not been dampened. Staff met with councillors to discuss ideas,” she said.

The formal opening will occur in the first few months of 2025, after the complex is operationally opened for public access, to allow for representatives of the funding bodies to be present.

 

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Clarence Valley News

Nymboida power station future not electric

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Nymboida power station
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Nymboida power station future not electric

 

By Tim Howard

A century on from the opening of the Nymboida Hydro Electric Power Station which brought electric lighting to Grafton, there has been a less electric celebration of the event.

Late last month about 120 residents and visitors explored the historic Nymboida Hydro-Electric Power Station during guided tours held as part of its 100th-anniversary celebrations on Sunday November 24.

Opened on November 25, 1924, by Dr Earl Page, the station marked a significant milestone when it brought electric lighting to Grafton for the first time.

Clarence Valley Mayor Ray Smith officially commenced the celebrations, warmly welcoming attendees, honoured guests, and families of former employees.

“The Nymboida Power Station is a remarkable building, brimming with character and history,” he said.

“The station, initially established by the Clarence River County Council (CRCC), has been managed by various public authorities over the years including the CRCC, Northern Rivers County Council (NRCC), Northern Rivers Electricity, Country Energy, and Essential Energy.

“In 2021, Clarence Valley Council acquired the infrastructure and the water license from Essential Energy to secure the drinking water supply for the Clarence Valley and Coffs Harbour regions.”

The current water licence only permits water to be extracted for drinking water purposes, so unfortunately it is not possible to either reopen the power station for generating electricity or release high flows down Goolang Creek for white water rafting and canoeing.

During its operational years, the Nymboida Power Station utilised water from the Nymboida River, returning it downstream to Goolang Creek—a testament to its innovative design and enduring legacy.

Nymboida power station

A century after it brought electric lighting to Grafton for the first time, the Nymboida Power Station’s future is yet to be decided.

Community leader Lyle Gilmore played a key role in organising the event and joined council’s manager of technical services Greg Mashiah along with former employee Peter Nixon, to lead guided tours sharing their extensive knowledge and insights into the iconic building and its rich history.

Deputy mayor Cr Greg Clancy said now that since council took ownership of the building and water infrastructure from Essential Energy in 2021, some use needed to be made of the building.

He recalled there had been investigations into repairing the turbines at the station, which had been damaged during 2013 floods and generating electricity, but this was no longer feasible.

In 2013 a bulkhead containing pipes that carried water from the Nymboida River to the power station failed.

The rush of water through the power station damaged the turbines in the power station and also wrecked the white water rafting course on Goolang Creek downstream of the power station.

“There was $300,000 allocated to the notion that we investigate re-establishing power generation, but it never happened,” Cr Clancy said.

“Now it could never happen because the Department of Water has brought in new restrictions that wouldn’t allow enough water for power generation.”

Cr Clancy said there had also been some environmental concerns about the effect of flows from the power stations on the banks of Goolang Creek and Blaxlands Creek further downstream.

“It probably wouldn’t have done them much good, but they’ve been doing it for basically 90 years,” he said.

“It may be that stopping is has allowed the creeks to re-establish their natural banks and flows.”

He said the council was considering its options of creating a tourist attraction at the site.

“A lot of staff and councillors think we should be doing something with it, but whether we can afford to do something with it is another matter.”

 

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Clarence Valley News

Gas deal could be a winner

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Cr Peter Johnstone is a big fan of the innovative program of landfill gas management at the Clarence Valley Council’s regional landfill site.
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Gas deal could be a winner

 

By Tim Howard

Clarence Valley Council is step closer to turning waste methane gas from its landfill into electricity and it won’t cost them a cent to do it.

In fact the deal could turn a $120,000 cost to council into a $145,000 revenue source which could grow to around $248,000 if it became feasible to use the gas for electricity generation.

At its November meeting the council accepted a tender from landfill gas extractor LGI to take over the management of gas extraction at its regional landfill site, which the council has managed since 2014.

The council had contracted LGI to operate a gas flare which council owned and funded to burn off methane collected from the site.

The gas flaring project was originally registered as an Eligible Offsets Project under the Carbon Farming Initiative  (CFI)  and  then  successfully  transitioned  to  the  Emissions  Reduction  Fund  (ERF) in December 2014.

There was a 12-year Australian Carbon Credits Units (ACCU’s) crediting period under the ERF which expires on December 13, 2026.

Part of the new deal between LGI and the council is the transfer of these credits to the company in a revenue sharing agreement, which reduces the council’s capital expenditure to zero.

The council said while it has expertise in landfill waste management, gas extraction and handling was not a core business.

The deal with LGI means it will  fund all costs including a major upgrade of the gas field in the first 12 months which will generate more gas, an upgrade of  the flare and the installation of a gas engine to generate electricity when gas volumes make this viable under a revenue share agreement with council.

The report generated positive responses from councillors.

Cr Peter Johnstone said that just flaring the gas was a benefit to the environment.

“Methane is a terrible global warming gas,” he said.

“It is 80 times more potent keeping in heat than carbon dioxide, and it lasts for 20 years in the environment.

“And at present what happens is we burn that off, which is great, turns it into carbon dioxide, which is 80 times better than what was there before.

“But what we’re proposing here is in the future, that actually, we won’t just burn it off, we’ll use that to make electricity, and that’s a great thing.”

Deputy mayor Cr Clancy said the report revealed the council was working in innovative ways in matters relating to climate and energy.

“I think the staff involved in this do need to be congratulated, and also the councillors who have signed off on on the various projects that have happened,” he said.

Cr Karen Toms was also pleased to see council continue to innovate with landfill gas management.

“We have been innovative for a long time and and this is just another step, but 10 years ago, we actually started a gas flaring project, and it was originally registered as an eligible offsets project under the carbon farming incentive,” she said.

Councils were unanimous in their support of the item.

 

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Clarence Valley News

Movement at last on Brooms Head plan

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Cr Peter Johnstone on the Brooms Head Plan Clarence Valley News
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Movement at last on Brooms Head plan

 

By Tim Howard

The vexed question of what to do with the Brooms Head reserve might have an answer following the latest Clarence Valley Council meeting.

Exasperated at the lack of action in coming up with a plan to manage the site to the satisfaction residents and stake holders of the park, Cr Peter Johnstone brought a question with notice to the meeting seeking to get things moving.

His questions were: Following the recent Councillor facility tour to Brooms Head Holiday Park, the questions were: 1. What progress has been made since the April 2024 resolution of Council regarding the Brooms Head Plan of Management?

And, 2.  What options are available to council in the preparation of an updated Plan of Management?

In response to the questions, council staff prepared a report with four options for councillors.

Cr Johnstone dismissed options 1, 3 and 4 but decided to move a variation of Option 2 as the best solution to the issue.

He moved that:

1. Council endorse the Draft Brooms Head Reserve Plan of Management for Crown reserve R65975, to be referred to the Department of Planning, Housing and Infrastructure, Crown Lands and Public Spaces, to seek approval to publicly exhibit the Plan of Management.

2. To prepare a detailed site plan for the Brooms Head Reserve, while the Plan of Management is being reviewed by the Department of Planning, Housing and Infrastructure, Crown Lands and Public Spaces.

3. invite the Yaegl Traditional Owners Aboriginal Corporation to provide advice to council for inclusion of the site plan and or plan of management on the components, details and other matters that are important to the corporation.

4. Present the response to the Draft Program of Management to the Department of Planning, Housing and Infrastructure, Crown Lands and Public Spaces once received the advice and the Yaegl traditional owners, the public to a council workshop that will review the site plan and draft program of management.

5. Once approval has been obtained from the Department of Housing planning, housing infrastructure, crown lands and public spaces, exhibit the draft Brooms Head Reserve Plan of Management, Site Plan concurrently for 42 days over which time council will accept public submissions.

6. Report any submissions received in the draft Brooms Head, Plan of Management Site Plan back to council after submission period disclosed consideration of its adoption or re exhibition, as per the requirement of Section 40 of the Local Government Act 1993.

Cr Alison Whaites seconded the motion.

Speaking to his motion, Cr Johnstone said that for two long inaction had characterised council’s

Handling of the Brooms Head issue.

“At the start of the last term of council in 2022 were briefed about the caravan site and challenges getting consensus from the five-plus distinct groups of opinions to how the site should be managed,” he said. “Now here, 13 months later, we are no further forward.”

Cr Peter Johnstone on the Brooms Head Plan Clarence Valley News

Cr Peter Johnstone could have taken a decisive first step to getting some action on development of plan of management for the Brooms Head reserve.

Cr Johnstone said the council had found seeking a consensus from the five competing groups impossible.

“To be fair, the last council did make an effort,” Cr Johnstone said.

“A consultant was engaged to prepare a new plan of management, we listened to the views of many people at a well attended meeting in Brooms Head last January.

However, that brought into sharp focus the differing views of the five main groups I can identify.”

He characterised the groups as the caravaners, the day users such as surfers and fishers, the long term residents of the park, those who live in Brooms Head as neighbours of the park and the Yaegl traditional owners.

“Each of those groups have strongly held beliefs and understandable desires for the future of Brooms Head Reserve,” he said.

“Some of those groups agree on some aspects while strongly disagree on others.

“A failure to compromise has resulted in deadlock and a failure of consensus on the direction to move forward.”

He noted the inaction was not limited to recent times, pointing out the last PoM had been agreed on nearly 30 years ago.

Not all councillors agreed.

Cr Debrah Novak foreshadowed Option 1 as her preferred option, pointing out it had the support of the Yaegl traditional owners.

Cr Greg Clancy was another to back Option 1, pointing out that many of the arguments for option 2 also worked for option 1.

Cr Karen Toms spoke at length in support of Cr Johnstone’s motion, arguing the community should not be spooked by the proposal.

“This is not going to turn it into a Big 4, with water slides, etc, but it is something we need to move forward on and stop kidding ourselves that we’re going to get consensus,” she said.

“Sometimes you just have to make the tough decision.”

In his right of reply Cr Johnstone said at the council needed to stop wasting time trying to get a consensus from groups who would never agree.

“The problem we have, though, is if we do what one of those five groups, does this group, that group, the other group, will say, we haven’t listened to them,” Cr Johnstone said.

“If we do what this group says, then this group, this group and this group will say, we haven’t listened to what they said.

“There’s a difference between listening and agreeing.”

But he said this was just the beginning.

“To quote Lao Tzu, a journey of 1000 miles begins with the a single step,” he said.

“Sending this first draft to Crown Lands is just that first step, a little step with many more steps to come, I ask councillors that you help start that journey.

“I need just four more of you to be able to step out.

“It would be much nicer if all nine councillors, start that journey together.”

Cr Johnstone did not achieve unanimity, but enough councillors were prepared to set out with him.

 

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Clarence Valley News

Call to include vets acknowledgement in council meetings

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Cr Alison Whaites wants the opening of council meetings to include an vets acknowledgement to people who have served or are serving in the armed forces.
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Call to include vets acknowledgement in council meetings

 

By Tim Howard

A Clarence Valley councillor has made a passionate call to have an vets acknowledgement of the sacrifices of current and former armed forces personnel included into council meeting protocols.

To decide if the moves goes ahead, the Clarence Valley has been asked for its views on adding such an acknowledgement to council’s Code of Meeting Practice.

Cr Alison Whaites’ determination to add the acknowledgement to the COMP, which was part of a suite of policy changes to be sent out for public exhibition, added some flavour to what appeared to be a cut and dried matter.

The councillor told the meeting she had considered bringing it to the last council, but decided against it because it was “maybe the wrong set of councillors.”

She also tried unsuccessfully to include it in the last business paper as a notice of motion, but was left with the option of proposing an amendment to the policy document.

Cr Whaites sought to add the following to part of the code covering opening of meetings, “I acknowledge the sacrifice made  by Australian previous and current service men and women and their families, in particular, those  who have given their lives in defence of the freedom we enjoy today”,

Cr Debrah Novak asked Cr Whaites to explain her reasons for seeking the change.

“I feel that we should be acknowledging our service, men and women and families and everything they’ve done for our community,” she said.

“We haven’t done it yet, and I’m quite surprised that not all councils have done it, and I would really hope that all three tiers of government do look at this as well.”

Other councillors could see be some problems.

Cr Peter Johnstone vets acknowledgement

Cr Peter Johnstone says he supports Cr Whaites, but has concerns making the acknowledgement into an regular occurrence could devalue it.

Cr Peter Johnstone quizzed Cr Whaites whether she had asked RSLs about the idea.

She said she hadn’t but other groups and families of service veterans supported her efforts.

She pointed out that some other councils had already done this and more were considering it.

Cr Whaites also downplayed the need to ask for RSL permission.

“It’s not just the RSLs that are involved in this,” she said. “So my family are part of this as well.

“There’s community members that I’ve spoken to that don’t go to the RSL and on Remembrance Day and Anzac Day.”

But councillors did have concerns, even if they supported the thrust of Cr Whaites’ proposal.

Cr Cristie Yager, who was drafted into seconding the motion, “loved” the concept but worried where it might end.

“I do also worry that our acknowledgement is going to keep growing and growing and growing just because we have so many incredible, you know, people to who are worthy of, you know, acknowledgement,” she said.

Cr Whaites said she was aware of this possibility, but thought the importance of acknowledging their sacrifice was more important.

Councillors then tackled the procedural issues of Cr Whaites’ amendment, which risked throwing out all other parts of the motion, should her amendment be defeated.

Councillors eventually decided to quarantine her idea into a fourth point of the motion, which allowed other matters smooth passage.

Cr Alison Whaites wants the opening of council meetings to include an vets acknowledgement to people who have served or are serving in the armed forces.

Cr Alison Whaites wants the opening of council meetings to include an acknowledgement to people who have served or are serving in the armed forces.

But some councillors still took issue with the concept.

Cr Johnstone was concerned making remembrance an everyday issue could devalue its importance.

“My concern, possibly, is that once we put this into our routine, it becomes routine, and perhaps will become less respectful of the purpose behind this, because it’ll be, we’re just going to say something that we always say,” he said.

Cr Whaites right of reply was typically passionate.

She dismissed Cr Johnstone’s claim the acknowledgement could become passé.

“I don’t understand how a one minute little acknowledgement is such a bad thing to respect the people that give you such a great life,” she said.

Cr Novak said her she had a close family member in the defence forces and welcome the idea of acknowledging their sacrifices during meeting openings.

She said she looked forward to reading the community responses when the proposal went out to exhibition.

But deputy mayor, Cr Greg Clancy, was not so enthusiastic.

He said he wore his father’s medal at Anzac and Remembrance Day memorials and said these were the occasions which brought home veterans’ sacrifices for most people.

“I think on Anzac Day and Remembrance Day, we should make a special acknowledgement, then I don’t see why we should add this to our code of meeting practice,” he said.

Other councillors said that while they could see merit in the idea, something about it troubled them.

But they voted in favour of including it in a swag of policy matters what went out onto public exhibition for 28 days.

 

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