The Northern Rivers Times Edition 112

‘Sanity Prevails’ in Cabarita shoptop development saga

By MARGARET DEKKER It was the “3.5 parks” shortfall, in a basementcarpark of 56 existing spaces, that almost cost 38 buyers their almostcompleted apartments in a shop-top approval process gone wrong. Now, common sense may prevail, with buyers set to get the keys to their dream homes in prime location above the Woolworths Supermarket in Cabarita Beach-Bogangar - after more than two years’ waiting and an eleventh hour ‘backflip’ which put the sales process in devastating doubt. In early-August, Tweed Shire Council voted 6-1 (Cr Warren Polglase against) to support a revised recommendation by planners to refuse a strata application by Cabarita Beachside Pty Ltd, for the ‘Cabarita Beach’ units, because of a perceived parking shortfall and therefore non-compliance with the town’s Development Control Plan. The 3.5 carpark shortfall would lead to more cars out on the street and impact on-street parking availability, the report stated. Council’s refusal of the

Strata DA saw Cabarita Beachside Pty Ltd advise buyers – many local, elderly and downsizing – that the sale was off, without the strata approval. Just weeks away from moving in, shell-shocked buyers took to social media to vent. “This is just insanity and now we have more than half of these poor residents potentially homeless, my parents being one of them ... Some of these people are locals who have been in this community for 30+ years, moving into retirement age, sold family homes, and now absolutely being blindsided. “The lack of common sense, after the fact, at 2 minutes to midnight beggars’ belief,” residents shared on ‘Bogangardians’ Facebook page. Weeks earlier, on June 30, Council’s Planning department had drafted ‘approval’ for the same strata application, with no mention of a parking shortfall. By July 15, that recommendation had changed to ‘noncompliance.’ “Tweed DCP Section A2 requires 1 car space for every 1-bedroom

dwelling and 1.5 car spaces for every 2-bedroom dwelling in shop-top housing developments. The proposed allocation results in a 0.5 car space shortfall to 7 of the 2 bedroom dwellings ...” a revised report stated. Tim Mundy, Director of Cabarita Beach Pty Ltd, told The Northern Rivers Times the group was also blindsided by the change in position after its own legal and planning teams did not raise red flags. “In actual fact, we’d provided more carparking by providing for 40-units when in fact the development is only 38-units” Tim Mundy, Director of Cabarita Beachside Pty Ltd, said. “The number of car spaces is compliant and approved. The 1.5 rate per 2-bedroom dictates that some will have 1 car space, and some will have 2 as long as the overall number is compliant. “What it means in practice is that you would have to provide two spaces for every 2-bed unit as it is impossible to create half a car space. It also contradicts DA consents that we have been undertaking in NSW for the past 25 years,” Tim

Mundy said. “Council over the past couple of weeks have completely reversed their position on the application and have argued that the car parking as built must be allocated as common property and cannot be allocated to each unit as originally approved and envisaged in the original consent,” Cabarita Beach Pty Ltd added. Mayor Chris Cherry supported the Common Property option for parking. “There is a planning pathway forward to resolve the matter of which the proponent has elected not to pursue,” Cr Chris Cherry said. But the parking allocation in the basement includes 18 tandem space (one carpark behind the other, lengthwise) which by Tweed Shire Council’s own Access & Parking code is not permitted; “tandem or stacked parking will not be permitted in customer/ public parking or multidwelling housing.” But in another, welcomed backflip, Tweed Shire Council is revisiting the issue. Last Thursday, August 25, Mayor Chris Cherry held a snap ‘crisis’ meeting

in Cabarita Beach with buyers. Simone Ainsworth, told The Northern Rivers Times “We’re trying to sort it out. Mayor Cherry, she seems very helpful,” the ‘Cabarita Beach’ buyer said. The impromptu meeting followed an urgent memorandum – and ultimatum – delivered by the developers to Tweed Council, the day before. “Notwithstanding the developers are willing to reinstate contracts if Tweed Shire Council process under a suitable mechanism and approve the draft approval as provided to us on June 30th, 2022, with no additional/unsatisfactory conditions,” the memo stated. Tim Mundy told The Northern Rivers Times he also hoped Cabarita Beachside Pty Ltd.’s name would be cleared if its (resubmitted) strata DA is approved; Hopefully soon for 38 buyers and their families, in a town rocked by floods and in desperate need of new-housing stock.

West Yamba issues explained

By Tim Howard

Understanding the complexities of the controversial West Yamba Urban Release Area development strategy has become easier after the publication of a four page “information document” says Cr Steve Pickering. Cr Pickering described the document, ratified unanimously at last week’s Clarence Valley Council meeting, as “first step” in the development of a master plan for the region. The WYURA, which

was first approved by Maclean Shire Council in 1995 has been controversial from day one. Objections have flooded in from residents opposed to the development on a recognised flood plain and wetland with significant environmental issues. Indigenous bodies have also been concerned that areas of significance to them have been ignored in planning to develop housing estates. For Yamba residents the situation came to a

head earlier this year when heavy rains in February and March overwhelmed the drainage infrastructure in the area, flooding many houses with stormwater runoff. Earlier this year Cr Pickering called on the council to develop a master plan for West Yamba to responds to the concerns residents expressed over flooding and proposals from developers to use increasing amounts of fill to raise developments above the flood level. They feared the

increase amount of fill would only divert water to other lower lying areas, increasing the effect of flooding. They also pointed to the ineffectiveness of drainage and other flood mitigation infrastructure during the recent rain event. But the council staff convinced councillors to lower their sights from master plan to an “information document” summarising the extent of development from 1995 until now. At the last meeting Cr Pickering thanked staff for the document,

which he said would allow the community to pull together elements of the Development Control Plan and Local Environment Plan in a way that was not available before Council voted unanimously to accept the document and to make quarterly updates and continue consultation with residents and developers. A digital version of the document is available on the Clarence Valley Council website.

CASINO FUN RUN BACK UP AND RUNNING

GET your running shoes ready, it’s time to hit the streets of Casino again. The Casino Fun Run will be back running the roads on Sunday 23 October and organisers are encouraging anyone to run, jog or walk to a great day. The Fun Run is partnered with Little Athletics NSW and Sports Access Foundation, and the day will feature three main races: The Casino RSM 10km; The Casino Food Co-Op 5km; and the Parker and Kissane 2km. Richmond Valley Council Mayor Robert Mustow said he was delighted to see the event back on the streets of Casino for the first time since 2019. Cr Mustow said Council was an active supporter of community events, and said the Fun Run was a vibrant and family-friendly event which brought people from across the region. “We’d love to see people from right across the region support this event, whether as a participant, spectator or volunteer,” he said. “Whichever distance you choose, there is something for everyone, from running through our wonderful town, across the iconic Irving Bridge, or even past some of our famous beef cattle.” School children are encouraged to get a team together and compete for the Bulgarr Ngaru School Cups competition. Primary School teams of four to five runners can compete for the perpetual trophy in either the 2km or 5km event, while secondary school teams compete over the 5km distance. The top three teams, taken from the average of the four fastest times will receive medals, and bragging rights for the next 12 months. Founder of the Sports Access Foundation Katie Kelly OAM is a Casino born two-time Paralympian, winning gold in the Paratriathlon in 2016. Ms Kelly has dedicated her life to promoting diversity and inclusion in our communities, and the Casino Fun Run has partnered with the Sports Access Foundation to emphasise the message that sport is for everyone. The Casino Fun Run will be based at Queen Elizabeth Park II, and registrations and more information is available from http://casinofunrun. com.