Council court matter withdrawn

By Tim Howard

A court case involving Clarence Valley Council and the developer of an $80 million manufactured home estate in West Yamba has been withdrawn at the last minute.

The case, listed for hearing on Monday morning was brought by Clifton Yamba Lifestyle Pty Ltd.

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The 216-dwelling estate development, DA 2023/0241 for 110-120m Carrs Dr, must be determined by the Joint Regional Planning Panel, which has concerns about the development.

The appearance of the matter in the Land and Environment Court worried members of a Yamba community group.

The Yamba Community Action Network was concerned the hearing could be an attempt to bypass the State Government’s planning panel process.

YambaCAN secretary Lynne Cairns said her group had received a tip off from inside council with concerns about the way the process was being handled.

She said her informant said the LEC case mentioned was a “deemed refusal of DA 2023/0241.”

“It came up to the JRPP a few months ago,” the informant said. “Deemed refusal means they are saying we (JRPP) haven’t determined it quickly enough.”

Because the JRPP were considered to be acting for the council as the determining body, the developer takes the council to court, not the panel.

The panel listed concerns it had with Carrs Dr development when it met to discuss the DA in May.

Mrs Cairns said instead of working to fix these matters, the developer “let the clock run down and then said it wasn’t determined in time”.

“It means they are trying to get a LEC judge to make the decision rather than councils,” MRs Cairns said.

“They might also hope to bypass local objections.”

NSW planning laws have a time limit of 40 or 60 days for a DA to be determined.

But the legislation also includes provisions to “stop the clock” after the process was underway.

Reasons for stopping the clock include the determining body seeking further information or the applicant modifying the DA within the assessment period.

The Northern Rivers Times makes no assertion that either party has acted improperly in the matter. Clifton Lifestyle has been contacted for comment, but its office was unattended. The council said it was up to the applicant to provide information about why the court case had been withdrawn.

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