Clarence Valley News
Green light for motel rooftop alcohol sales
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.
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.
For more Yamba news, click here.
Clarence Valley News
No date yet for pool opening
Clarence Valley News
Nymboida power station future not electric
Clarence Valley News
Gas deal could be a winner
Clarence Valley News
Movement at last on Brooms Head plan
Clarence Valley News
Call to include vets acknowledgement in council meetings
-
Tweed Shire News2 years ago
A NEW TWEED HEADS
-
Motoring News2 years ago
Toyota Supra: Get Ready For A Fully Electric Version In 2025
-
COVID-19 Northern Rivers News3 years ago
Northern Rivers Local Health District COVID-19 update
-
COVID-19 Northern Rivers News3 years ago
Northern Rivers COVID-19 update
-
Northern Rivers Local News3 years ago
Fears proposed residential tower will ‘obliterate’ Tweed neighbourhood’s amenity and charm
-
Health News4 years ago
COVID-19 Vaccination Clinic now open at Lismore Square
-
COVID-19 Northern Rivers News3 years ago
Lismore Family Medical Practice employee close contact
-
NSW Breaking News3 years ago
Vale: Former NSW prison boss Ron Woodham