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Clarence Valley News

Flood plain DA refusal “historic” and “monumental”

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It was withdrawn once because of a large number of non-compliances and was the subject of 330 submissions from the public, with all but two opposing the development.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

  1. 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.
  2. 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.
  3. 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.
  4. 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

CLARENCE AND RICHMOND VALLEY BUSINESSES SUFFERING IN ONGOING ENERGY DISPUTE

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CLARENCE AND RICHMOND VALLEY BUSINESSES SUFFERING IN ONGOING ENERGY DISPUTE

Nationals MP for Clarence, Richie Williamson is urging the Minns Labor Government to step in and resolve the ongoing industrial dispute between the Electrical Trades Union (ETU) and the state’s major energy companies, which is heavily impacting local businesses across the Clarence and Richmond Valleys.

Months of strike action by the ETU has delayed thousands of projects, including critical infrastructure such as housing and roadworks, while driving some businesses to the brink of bankruptcy.

Mr Williamson emphasised the need for immediate intervention, noting the essential role energy workers play in the community.

“Our energy workers are invaluable, often stepping up as first responders during emergencies and natural disasters across regional NSW,” Mr Williamson said.

“They work nights, weekends, and through holiday periods to keep the power on, and we all want to see a fair resolution reached quickly.

“However, this dispute has dragged on far too long, and our local businesses are paying the price while the Minns Labor Government continues to sit on the sidelines.

“The Premier, along with the Ministers for Industrial Relations and Energy, must act under Section 424 of the Fair Work Act to bring this dispute to a close before more damage is done to our regional economy.”

Mr Williamson expressed concern about the growing impact on local businesses.

“Many great businesses in the Clarence and Richmond Valleys may be forced to close their doors, which is completely unacceptable. These businesses are the backbone of our community, and they need support.

“It’s time for the Minns Government to show leadership, bring all parties to the table, and reach a resolution that protects our local businesses and workers.”

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Clarence Valley News

Ferry’s demise inspires ferry exhibition

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Ferry’s demise inspires ferry exhibition

 

By Tim Howard

Just months after the controversial closure of the 130-year-old ferry crossing at Ulmarra the Clarence is about to get a reminder of the importance of river crossing in the regions.

On Thursday the Clarence River Historical Society will open its latest exhibit: Vehicular Boats of Grafton, South Grafton and Surrounds.

Society president Steve Tranter said the exhibition had been inspired by the demise of the Ulmarra Ferry and a need the society saw to celebrate the importance and history of crossing the region’s waterways.

He said Transport for NSW had been keen to memorialise the ferry and had made available some artefacts from the 70-year-old vessel decommissioned in June.

“They offered us the anchor, but that would have been too large and bulky,” he said.

“But they have provided the ferry lighting system, a set of lights that changed colour depending on which direction the ferry was heading.”

Ulmarra Ferry

He said the exhibition would also feature a lot of information on the history of ferries in the Clarence.

“Vehicular boats provided a service from roughly 1859 to 1932 and over that long period of time saw the changing face of transport,” he said.

Before then the rowing boat was king as the growing population in Grafton and South Grafton sought ways to get themselves and good across the Clarence River.

“In those times and you either paid the owner to cross with your possessions or if you were wealthy, you would employ someone to ferry you across in a boat that you owned, possibly a servant of yours,” Mr Tranter said.

“Where your possessions were too big to be contained in a small boat, rafts have been documented as being used in early times.”

Mr Tranter said the society’s records revealed some surprising developments in ferry transport from the time of the first specialised vehicular ferry in 1861.

Ulmarra Ferry

“The first specialised vehicular ferry was introduced in 1861,” he said.

“It was worked by hand with Charles Matthews in charge and replaced an 1859 makeshift that was propelled across the river by hauling on a thick hemp or coir rope.

“In 1867 this punt was replaced by a steam vehicular ferry which arrived by ship from Sydney in pieces and was then assembled at the foot of Villiers Street before being launched.

John Kilton Andrews was the new punt’s master, but, in Bates and Mackey’s words, it ‘wasn’t very popular with residents as it was very noisy and could be heard for miles away and when it started it sent clouds of black soot all over its passengers’.

“The reason why it was so noisy was that its engine drove a cog which engaged what the Clarence and Richmond Examiner’s first editor described as ‘a great clanking chain’.

“It does not take much imagination to appreciate the rattling of the chain as it was guided by runners to engage, like a great bicycle chain, with the grinding teeth of the steam-driven cog.

Ulmarra Ferry

“Another account says that: ‘Sometimes the chain gave way under the strain and punt and passengers would find themselves adrift and helpless on the broad Clarence.’

“This chain-driven punt lasted less than a decade, and by 1869 Andrews was in charge of a steam punt in which the inefficient chain drive had been replaced by a cable-operated mechanism.

Mr Tranter said the exhibition contained many fascinating tales such as this that showed how the ferry services developed in the regions and brought to life the characters who had made history in the Clarence.

Mr Tranter said the exhibition would open on Thursday at 10am at the Schaeffer House Museum, 190 Fitzroy Street.

“The e public is invited to visit the Museum and see the new display on Vehicular Boats that crossed the Clarence River from early European settlement times to 1932 when the opening of the Grafton Rail and Road Bridge brought the service to an end,” he said.

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Clarence Valley News

Jacaranda honour for former Matilda Jo

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Jacaranda honour for former Matilda Jo

 

By Tim Howard

One of the Clarence Valley’s leading sporting and business identities former Matilda Jo Powell has accepted the invitation to the Guest of Honour for the 90th celebration of the Jacaranda Festival.

Festival manager Mark Blackadder said he was thrilled to announce the beloved local icon would headline this historic occasion.

“This milestone event will take place from Friday October 25 to Sunday November 3 and promises to be a memorable highlight for the Clarence Valley community,” he said.

Mr Blackadder said the Grafton born and bred sportswoman and business person embodied the spirit of the town.

“With a storied career as a Matilda, she has not only made her mark in the world of women’s football but has also become a powerful advocate for empowering individuals, especially young women, to pursue their dreams and become the best versions of themselves,” he said.

As an influential figure and current Matilda alumni, Ms Powell reflected on her journey and how she used her platform to inspire others to embrace their potential.

“I am incredibly honoured to be part of the 90th anniversary of the Grafton Jacaranda Festival,” she said.

”This festival is a celebration of our community, our culture, and the incredible spirit of Grafton. I look forward to celebrating 90 Years in Bloom with everyone and empowering our youth to chase their dreams.”

The Grafton Jacaranda Festival is a cherished tradition that showcases the beauty of the jacaranda tree and the vibrant community of Grafton.

This year’s festival will feature a range of events, including parades, live music and cultural activities, all aimed at bringing the community together in celebration and putting on a show for the thousands of visitors.

Mr Blackadder invited Grafton people in the Jacaranda City and beyond and anyone who wished to be part of one of the country’s oldest floral festivals to join in honouring Ms Powell and all that she represents at the 90th Grafton Jacaranda Festival.

For more information about the festival and its events, please visit here or visit the Grafton Jacaranda Festival Facebook page.

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