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Clarence Valley News

YambaCAN invited to address parliamentary committee

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YambaCAN parliamentary committee
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NOTICE OF MEMBERS EXTRAORINDARY LAND DEALING MEETING

YambaCAN invited to address parliamentary committee

 

By Tim Howard

A community group (YambaCAN) at the centre of the opposition to housing development on the West Yamba flood plain has been invited to give evidence to a NSW Parliamentary Committee later this month.

The invitation to Yamba Community Action Network from Portfolio Committee No. 7 – Planning and Environment represents a change of mind from the committee.

Earlier this year the committee had visited the NSW South Coast and Sydney, conducting site visits and taking submissions from residents.

But it decided to cut its North Coast commitments to just two days of site visits to areas between Port Macquarie and the Tweed.

Four members of the committee toured West Yamba and Maclean on May 31, where YambaCAN presented seven folders of documents, photographs and thumb drives containing Powerpoint presentations, videos and other evidence gathered during flood events in the area.

YambaCAN chair Col Shephard said the change of heart from the committee was welcome.

“We welcome the invitation of now being given the opportunity of a hearing,” he said.

“Two representatives will be providing evidence at the hearing for the inquiry into the planning system and the impacts of climate change on the environment and communities.

“The two representatives are Lynne Cairns, Secretary of Yamba CAN Inc, and Helen Tyas Tunggal, member of Yamba CAN Inc.”

The Portfolio Committee No. 7 – Planning and Environment invited YambaCAN to give evidence at a hearing for the inquiry into the planning system and the impacts of climate change on the environment and communities in the Jubilee Room at NSW Parliament House, Sydney on Monday June 17 between 11am and 11.30am.

West Yamba residents were out in force for the committee site visit with at least 50 line streets waving banners and signs.

Mr Shephard said there needed to be a moratorium on development in the area while new evidence about the effects of climate change on areas like West Yamba were investigated.

He said residents who lived through the flooding in February and March 2022 had noted and collected data on flood heights and water flows which seemed to differ from the information planners relied on.

The committee’s terms of reference were established last year.

YambaCAN parliamentary committee

YambaCAN secretary Lynne Cairns, right and member Helen Tyas Tungal will present the group’s submission about the problems of flood plain development to the NSW Parliament’s Portfolio 7 Committee in Sydney later this month.

That Portfolio Committee 7 inquire into and report on how the planning system can best ensure that people and the natural and built environment are protected from climate change impacts and changing landscapes, and in particular:

  • developments proposed or approved:
    • in flood and fire prone areas or areas that have become more exposed to natural disasters as a result of climate change,
    • in areas that are vulnerable to rising sea levels, coastal erosion or drought conditions as a result of climate change, and
    • in areas that are threatened ecological communities or habitat for threatened species
  • the adequacy of planning powers and planning bodies, particularly for local councils, to review, amend or revoke development approvals, and consider the costs, that are identified as placing people or the environment at risk as a consequence of:
    • (i) the cumulative impacts of development,
    • (ii) climate change and natural disasters,
    • (iii) biodiversity loss, and
    • (iii) rapidly changing social, economic and environmental circumstances
  • short, medium and long term planning reforms that may be necessary to ensure that communities are able to mitigate and adapt to conditions caused by changing environmental and climatic conditions, as well as the community’s expectation and need for homes, schools, hospitals and infrastructure
  • alternative regulatory options to increase residential dwelling capacity where anticipated growth areas are no longer deemed suitable, or where existing capacity has been diminished due to the effects of climate change
  • listening to, and learning from, Aboriginal voices and experiences to better inform planning outcomes1
  • any other related matters.

 

For more Yamba news, click here.

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Clarence Valley News

WILLIAMSON RENEWS CALLS FOR RIVER DREDGING

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Richie Williamson at the Evans Head boat harbour river dredging
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NOTICE OF MEMBERS EXTRAORINDARY LAND DEALING MEETING

WILLIAMSON RENEWS CALLS FOR RIVER DREDGING

 

State Nationals MP for Clarence Richie Williamson has renewed calls in the NSW Parliament for the Minns Labor Government to implement a 10-year dredging strategy for the Clarence and Evans rivers, similar to plans the Government has put in place to dredge Swansea Channel in the Lake Macquarie region to improve navigation and provide improved access.

Mr Williamson recently moved a motion in the NSW Parliament calling on the Minns Labor Government to develop a long-term dredging plan for both the Clarence and Evans rivers systems.

“In river communities like ours, continual maintenance of rivers like the Clarence and Evans rivers is essential on many levels, including environmental, economic and recreational,” Mr Williamson said.

“These rivers are the lifeblood of communities that live along them, and it is evident that dredging is required to keep them in optimum health.

“The Yamba and Evans boat harbours are home to a commercial fishing fleet, a booming recreational fishing and boating enthusiasts and a significant maritime sector, including Marine Rescue. Hundreds and hundreds of jobs could be at risk if action isn’t taken.”

Mr Williamson said in addition, the continuing silting up of the river’s ecosystem increases the risk of flooding in terms of river height and flow rates.

“I will work with the NSW Government to get these very important projects underway, which will benefit the entire community,” Mr Williamson concluded.

 

For more Evans Head news, click here.

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Clarence Valley News

GET READY FOR A MORE RESILIENT CLARENCE WAY

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Clarence Way
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NOTICE OF MEMBERS EXTRAORINDARY LAND DEALING MEETING

GET READY FOR A MORE RESILIENT CLARENCE WAY

 

Work is well underway to ensure the Northern Rivers region is better prepared to withstand future severe weather events, with physical works now starting this week to improve a stretch of Clarence Way.

The only road connecting north to south in this area, Clarence Way provides a vital thoroughfare between Woodenbong and Grafton in the south.

The project is being funded through more than $27 million from the Albanese and New South Wales Governments and Kyogle Council. This includes;

  • A $10 million grant from the joint Federal-State Regional Roads and Transport Recovery Package to ensure the road is rebuilt stronger and is better able to withstand future weather events.
  • A further $9.09 million jointly-funded will fix damage from recent floods.
  • The significant roads project is also boosted by a $4 million election funding commitment from the NSW Government, and;
  • $4.26 million from Kyogle Council.

Kyogle Council will lead the rebuild of the road, which is severely potholed with many other pavement failures along this 22-kilometre stretch, as well as sections south of Sandilands and between Bonalbo and Urbenville.

Quotes attributable to Federal Minister for Emergency Management, Murray Watt:

“All three levels of Government have been working really hard behind the scenes to get this, and many other Northern Rivers projects to the point where they’re ready to start physical works, so it’s very exciting to see it hit this milestone.

“The Albanese Government is committed to building back better from natural disasters.

“When we make key roads like this one better able to withstand severe weather conditions, we improve evacuation and recovery efforts for communities right across the region.”

Quotes attributable to NSW Regional Transport and Roads Minister, Jenny Aitchison:

“The NSW Government is pleased to deliver its election commitment for Clarence Way.

“This additional $4 million in addition to the $5 million contributed to the RRTRP by the State Government will not only repair the damage caused by the natural disaster but ensure the road is more reliable in the future and safer for local residents and visitors.

The NSW Government is committed to building back better. We know for every $1 spent on resilience, we save $10 in disasters.”

Quotes attributable to NSW Minister for Emergency Services, Jihad Dib:

“This is another example of all levels of Government coming together and getting on with recovery in the Northern Rivers.

“It is also important that we take these opportunities to build back better and this investment in Clarence Way will help ensure it will better withstand future weather events.

“It is great to see this project getting underway, showcasing how the NSW Reconstruction Authority can help coordinate across three levels of government to make priority improvements which will help boost resilience and assist communities recover from disasters.”

Quotes attributable to NSW Parliamentary Secretary for Disaster Recovery and State Member for Lismore, Janelle Saffin:

“I’m proud to be delivering on one of my key election commitments to Kyogle Council –$4 million towards improving flood immunity of the Clarence Way at Tunglebung and Culmarran creeks between Sandilands and Bonalbo.

“This commitment is an integral part of a more significant betterment project for this section of the Clarence Way under Disaster Recovery Funding Arrangements and is a win for local residents who campaigned for safety improvements and for all motorists who use the road.

“I worked closely with locals, including Kyogle councillors and staff to ensure that the community campaign to upgrade Clarence Way got real traction.”

Quotes attributable to Kyogle Council Mayor Cr Kylie Webster:

“We thank the Australian and NSW Governments for providing the betterment funding to make the Clarence Way more flood resilient.

“The Clarence Way is a vital transport link for residents in the west of our local government area.

“It was badly impacted in the 2022 floods and the RRTRP funding will allow Council to build it back better, ensuring residents of Bonalbo, Old Bonalbo and beyond have a safer, more reliable road including during times of heavy rainfall events.”

For more information on the Regional Roads and Transport Recovery Package, visit here.

 

For more local Clarence Valley news, click here.

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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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NOTICE OF MEMBERS EXTRAORINDARY LAND DEALING MEETING

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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