Clarence Valley News

Flood plain DA refusal “historic” and “monumental”

Published

1 week ago

19 June 2024

Liam

Flood plain DA refusal “historic” and “monumental”

By Tim Howard

A planning panel decision to refuse a controversial DA for 284-lot development in West Yamba is “historic” and “monumental”, according to opponents of the plan.

Last Tuesday The Northern Region Planning Panel met last week to consider a DA for the development at 52-54 Miles St, Yamba. On Monday the panel determined with a 3-1 vote in favour of refusal.

The development, with an estimated value in excess of $46 million, has been controversial from the start.

It was withdrawn once because of a large number of non-compliances and was the subject of 330 submissions from the public, with all but two opposing the development.

Adding to the controversy was a resolution made at the last Clarence Valley Council meeting recommending the panel refuse the development, going against a council staff assessment recommending approval.

At the NRPP meeting last week 12 residents made submissions opposing the development.

The determination to refuse cited section 4.16 of the Environmental Planning and Assessment Act 1979.

It gave four reasons for refusal:

The proposed development relies upon significant additional filling of the subject site. There is some discrepancy between the assessment report and the submitted application documents in relation to the intended minimum finished surface levels. Insufficient information was evident as to the quantity of additional (not yet approved) fill material, an approved source for this and the required method of transport to the site. Accordingly, the Panel could not be satisfied as to the environmental and amenity impacts of this required filling activity as part of the project, having regard to the provisions of cls. 5.21(2)(e) and 7.2 of the Clarence Valley LEP 2011 and s.4.15(1)(b) of the Environmental Planning and Assessment Act 1979.
The site is in a high-risk flood catchment, where flood planning is in transition. The proposed residential subdivision would necessitate evacuation in major flood events and is not intended to provide a flood refuge for residents who may otherwise be isolated for significant periods of time. Some of these are likely to be vulnerable persons.
Mindful of the need to apply a precautionary, risk-based approach to the determination of development applications in flood-affected locations, the Panel did not have evidence that there would be adequate capacity or facilities for additional evacuees in safe evacuation centres. Nor did the SES email response to the proposal provided to the Panel address this issue or its capacity to support an evacuation of this subdivision, only noting that the warning triggers for evacuation in the applicants’ Flood Evacuation Plan were consistent with those in the local Flood Emergency sub-Plan. Accordingly, the Panel was not sufficiently satisfied in relation to safe evacuation measures for the purposes of cls. 5.21 of the Clarence Valley LEP 2011 and having regard to s.4.15(1)(b), (c) and (e) of the Environmental Planning and Assessment Act 1979.
Having regard to s.4.15(1)(d)of the Environmental Planning and Assessment Act 1979, the Panel has also noted the level of community concern and anxiety about flooding issues and associated insurance costs, the complexities of riverine and stormwater flood impacts, as well as problems experienced with flood warning, evacuation and potential resident isolation in Yamba.
ThePanel was not satisfied that an adequate Acid Sulphate Soils Management Plan for the development had been supplied to the Council, as required under cls. 7.1(3) of the Clarence Valley LEP 2011, noting that Council had required such a Plan to be submitted as a condition of any consent.

Accordingly, the panel was not satisfied that the granting of consent would be in the public interest, having regard to s.4.15(1)(e) of the Environmental Planning and Assessment Act 1979.

One member, Penny Holloway, support approval of the development.

Ironically the decision came soon after one of the development’s major opponents, the Yamba Community Action Network, gave evidence to the NSW Parliament Portfolio Committee No. 7 – Planning and Environment.

YambaCAN secretary Lynne Cairns and member Helen Tyas Tungal had been invited to Sydney too give evidence of planning irregularities around developments in West Yamba to the committee.

Ms Cairns said the news of the refusal came through just after they had given their evidence.

“It’s a monumental decision,” Ms Cairns said. “In a way it was a shame it didn’t come through before we spoke, but overall it’s just the best news we could have had.”

Ms Cairns and Ms Tyas Tungal had both made submissions to the NRPP panel meeting last week.

Another prominent opponent of the DA, Cr Greg Clancy, described the decision was historic and should set a precedent for to planning laws.

Cr Clancy, who successfully moved for council to oppose approval for the DA at the May meeting, said it was likely DA would go to the Land and Environment Court, where hopefully it would be refused again.

“It was a shame this decision was made before the result of the Portfolio committee investigation were made public,” he said.

“The planning minister, Pau Scully, needs to define his view on development on the floodplain, because he’s already stopped some developments down south.”

But he said whatever happened next, a precedent has been set.

“There will be now an expectation in the community that these sort of developments are not sustainable,” he said.

“So even though the planning staff felt this DA ticked all the boxes there was something in the Environmental Planning and Assessment Act that were factors other than just box ticking that were important.

Cr Clancy said he believed these were a section of the Act, s.4.15(1)(d), which said there had to be due consideration given to the concerns of the public.

He pointed out there had been 328 submissions from the public against approval of the DA.

“It’s good to see these submissions have been taken seriously, because sometimes planners tended to overlook them.”

In its determination the panel noted the concerns raised in submissions to it.

It noted issues included:

Stormwater drainage
Flooding and Flood evacuation
Impacts associated with climate change
Urban Design
Impacts to biodiversity and natural environment
Filling of land
Infrastructure and services
Environmental impacts associated with dredging
Impact on town amenity

The Panel considers that concerns raised by the community have been adequately addressed in the Assessment Report and that no new issues requiring assessment were raised during the public meeting.

For more Yamba news, click here.

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Clarence Valley News

NSW BUDGET: NOTHING FOR RICHMOND AND CLARENCE VALLEYS COST OF LIVING CRISIS, BUT SOME WINS

Published

7 hours ago

27 June 2024

Liam

NSW BUDGET: NOTHING FOR RICHMOND AND CLARENCE VALLEYS COST OF LIVING CRISIS, BUT SOME WINS

The NSW Labor Government’s 18 June Budget does nothing to alleviate the growing cost of living problems in the Richmond and Clarence Valleys, although there is some good news for the region, according to Clarence Nationals MP Richie Williamson.

“Everywhere I go, every local I talk to, they all say the same thing: we’re struggling with rising costs – why isn’t the Government helping?” Mr Williamson said.

Mr Williamson said that he was all for working cooperatively with the Government, but there was mounting evidence Sydney Labor is “out of town, out of touch and the budget is out of control”.

“Calls to reinstate the $250 fuel card for regional seniors, students and apprentices have fallen on deaf ears, but Sydney seniors now enjoy $2-a-day Gold Passes on Sydney’s massive and massively subsidised public transport system as well as toll relief for Sydneysiders,” Mr Williamson said.

“Calls to save the Ulmarra ferry from Labor’s axe met a similar fate, at the same time as Labor is buying a fleet of new ferries for Sydney and took over another Sydney ferry service that has lower patronage than Ulmarra to Southgate.”

Mr Williamson did acknowledge the Government’s ongoing funding of the previous Liberals and Nationals Government’s Grafton Base Hospital rebuild, the allocation of $6.2m in the fight against White Spot disease in local rivers as well as a “welcome” $90m boost for the Resilient Homes Program, following the 2022 floods.

“These are crumbs compared to what Labor is lavishing on its Sydney heartland,” Mr Williamson cautioned.

“The Richmond and Clarence Valleys provide the timber for Sydney homes, the beef for Sydney dinners as well as the sugar and milk for Sydney cappuccinos.

“That needs to be acknowledged and we deserve our fair share,” Mr Williamson concluded.”

For more Richmond Valley news, click here.

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Clarence Valley News

At last. Shirley Adams gets her Way

Published

1 day ago

26 June 2024

Liam

At last. Shirley Adams gets her Way

By Tim Howard

A jarring anomaly that has irked Clarence Valley residents from the moment it was first unveiled is about to be rectified.

Next month the name of the road that crosses the Balun Bindarray Bridge in Grafton will be changed from Shirley Way to Shirley Adams Way, finally giving correct recognition of the first female mayor of Grafton and a community champion.

Since November 2022 the section or road has been signposted as Shirley Way, setting off protests from every level of the community.

It has taken concerted efforts from Mrs Adam’s husband John, daughter Virginia, Clarence MP Richie Williamson and the Clarence Valley Council to get naming authority the Geographical Names Board to accept the community’s wishes.

The Adams family requested the approaches be renamed “Shirley Adams Way” to properly recognise Shirley Adams and ensure her memory lives on.

But the board refused the original request to use Mrs Adams full name because it had only recently introduced a ruling banning two word names because of the risk of confusion when directing emergency services units to specific addresses.

Since coming to office in March 2023, the Minister for Regional Transport and Roads Jenny Aitchison kickstarted a special process to allow for Shirley Way to be renamed Shirley Adams Way, in line with the family’s request.

After a public consultation took place earlier this year, Minister Aitchison last week approved the change in name and Shirley Adams Way will be the new name of the road from late July.

The minister said Ms Adams was the first female mayor of the then Grafton City Council, a former Jacaranda Queen, Jacaranda Festival President in 1976 and 1977, a Jacaranda Festival life member and was deeply involved in NSW Girl Guides, the United Hospital Auxiliary, Meals on Wheels, Clarence River Historical Society, Country Women’s Association, and many other organisations.

She was awarded an Order of Australia Medal in 1989.

“Last week I was pleased to approve the renaming of Shirley Way in Grafton to Shirley Adams Way,” Minister Aitchison said.

“This is a fitting tribute to Shirley Adams OAM who served as Grafton’s first female mayor and was also the first woman to lead the Country Mayor’s Association of NSW.

“In recognition of her services to local government and the Girl Guide Movement, Ms Adams also received a medal in the Order of Australia (OAM).”

Former Grafton Mayor Shirley Adams, with her husband John Adams

Former Grafton Mayor Shirley Adams, who died in June 2020, with her husband John Adams. Mr Adams has lobbied the government tirelessly for the name change on the bridge approaches.

The Minister said renaming the road was something she had supported since it first came to her attention.

“To honour Shirley’s legacy, it’s only right we rename this road, she said. “It’s come after years of campaigning and advocacy and is a great win for Shirley’s family and the broader Clarence Valley community.

“Everyone has always wanted the road to be renamed Shirley Adams Way and I am pleased that the NSW Labor Government has been able to make this happen.”

Ms Aitchison said the number of submissions calling for the change had been “overwhelming”.

“Given this and the special place Shirley Adams holds in the hearts of Clarence Valley community, I felt renaming the road to Shirley Adams Way was a simple, common sense way to honour the memory and legacy of a trailblazing woman,” she said.

“I am in awe of Shirley’s service to the Grafton and Clarence Valley communities.

“In coming weeks Transport for NSW will install new signage to mark the changing of the road name and the team will work with relevant organisations to notify them of the change.”

The minister has also reached out to the Adams family to notify them of the impending changes.

“I’ve spoken to Shirley’s daughter Virginia and she is just thrilled, she said.

“I’m looking forward to visiting Grafton to meet with Shirley’s family and friends to celebrate the renaming of the road when the new signs go up.

There has been bi-partisan support for the change, with the Minister acknowledging the work of Mr Williamson.

“I want to thank Richie Williamson MP and the Clarence Valley Council for their ongoing advocacy,” she said.

Mr Williamson said the change “just makes sense”.

“The name Shirley Adams is synonymous not only in Grafton but across the Clarence Valley and it is a fitting tribute to a remarkable lady and a dear friend who was a staunch advocate not only for her local community, but in encouraging women’s participation in public life and decision making,” he said.

“Shirley had a burning desire to make Grafton a better place and had a genuine love for the people of the city.”

Mr Williamson said the family would be relieved that the right decision had finally been made.

“I know her husband John Adams OAM and family are incredibly proud as is the community of Shirley’s legacy,” he said.

“The renaming of the road is a fitting tribute in honour and recognition of her service to local government, the girl guide movement and the wider community, and I look forward to the road officially being renamed with her family in the very near future.”

For more local Grafton news, click here.

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Clarence Valley News

Plan to turn ferry loss into $8.9mil windfall

Published

1 day ago

26 June 2024

Liam

Plan to turn ferry loss into $8.9mil windfall

By Tim Howard

A plan has been hatched to turn the Clarence Valley’s loss of the Ulmarra Ferry service earlier this month into an $8.9 million windfall.

A report from the Clarence Valley Council general manager Laura Black to the June council meeting on Tuesday said the loss of the ferry was a chance for the council to “advocate for compensatory funds” to fund infrastructure in the region.

Ms Black’s report noted the Transport for NSW advised the cost of replacing the ferry would have been $4million with annual running costs of more than $800,000 annually.

“Total funds sought are $8,883,950, to be allocated to Clarence Valley Council,” the report read.

The recommendation to the council was

That Council:

writes to Local State Member Richie Williamson seeking his support in advocating for an allocation of funds to the Clarence Valley in lieu of continuation of the Ulmarra to Southgate Ferry service by Transport NSW.
writes to the Minister for Regional Transport, the Hon. Jenny Aitchison requesting:
1. funding totalling $8,883,950 to enable the upgrade of 5kms of Lawrence Road from Great Marlow to Grafton and, completion of the Ulmarra Riverside Precinct Bailey Park connectivity and Small Park upgrade and, completion of the Grafton Waterfront Precinct from Clarence Street to the Grafton Bridge.
2. Transport NSW prioritises its commitment to design and deliver pedestrian access across Big River Way in the town of Ulmarra to facilitate connectivity in the town.
3. Funds be made available to Transport NSW to prioritise the upgrade of the Pound and Villiers Street intersection to a signalised intersection as this is both a residual matter relating to the Grafton Bridge duplication and an intersection that will experience increased vehicular movements as a result of cessation of the Ulmarra to Southgate Ferry.

The report said a number of key projects in receipt of government funding had been underfunded.

For example the 5km Lawrence Rd – Great Marlow Rd to Grafton project had received $2.212 million, but the construction estimate was $7,341 mil, more than $5 million short of the mark.

Two projects in Ulmarra, the refurbishment of the riverside precinct of Bailey Park and the showground, Small Park were also in need of extra funding.

A full report on the council decision will appear in a future edition of The Northern Rivers Times.

For more local Clarence Valley news, click here.

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