Developer to fght planning panel DA refusal

The developers of a 284-lot, $53.6 million sub-division in West Yamba, knocked back by the Northern Regional Planning Panel in June, will fght the decision.

In June last year the NRPP refused by three votes to one a DA lodged for 52-54 Miles St. Developer Garrard Building Pty Ltd, acting for owners Kahuna No.1 Pty Ltd, appealed the decision and the matter will now move to the NSW Land and Environment Court.

The NRPP is a State Government body set up to determine DAs of “state signifcance” valued at more than $30 million.

An LEC conciliation conference has been scheduled on site on February 14, beginning at 10.30am.

The NRPP, comprising chair Michael Wright, Stephen Gow, Penny Holloway and then Clarence Valley councillor Ian Tiley refused the DA on June 17. Ms Holloway voted in favour of the DA.

The NRPP gave the following reasons for refusing the application relating to flling of the site, the food risk and evacuation, community concerns about fooding, and the management of acid sulphate Soils:

“The proposed development relies upon signifcant additional flling of the subject site. There is some discrepancy between the assessment report and the submitted application documents in relation to the intended minimum fnished surface levels. Insuffcient information was evident as to the quantity of additional (not yet approved) fll material, an approved source for this and the required method of transport to the site. Accordingly, the panel could not be satisfed as to the environmental and amenity impacts of this required flling activity as part of the project.”

Court documents reveal DA proponents commenced proceedings to appeal against the decision in July.

On December 20 the solicitors representing Clarence Valley Council, Marsdens Law Group, provided a letter dated December 19 to residents who provided submissions to the DA that they had been instruction to defend the panels decision to refuse the DA.

At the February hearing a maximum of six residents who objected to the DA may be able to make an oral presentation of their concerns.

The presiding commissioner has the discretion to decide if residents may speak at the conciliation conference.

Should they be allowed to speak they will not be permitted to attend the remainder of the conciliation conference after they have spoken because the conference is a conciliation between the parties.

Residents wishing to speak at the conference should contact Alicia Foley at MLG, 02 4640 3618 or afoley@marsdens. net.au by February 5 to register their interest.

A vocal opponent of the DA has been the Yamba Community Action Network.

It’s chair, Col Shephard, said Yamba CAN was of the view that all people who made submissions to the DA should have received correspondence from council’s solicitors in relation to this matter.

The DA has gone through a number of changes since it was originally submitted in 2019.

The original application lodged by Garrard Building Pty Ltd on behalf of Kahuna No.1 Pty Ltd for the proposal was submitted to council in August 2019 for 295 lots, but following discussions it was amended in June 2021 to a 310-lot subdivision.

Then the 310-lot subdivision DA was withdrawn by the applicant in September 2022, before it was set to be determined by the Northern Regional Planning Panel NRPP, and a revised DA SUB2023/0001 for the 284-lot subdivision was resubmitted in December 2022.

The proposal was for a 284-lot subdivision comprising 277 low density residential lots, 1 medium density residential development lot, 1 commercial development lot, 1 low density development lot, 3 drainage reserve lots, and 1 open space reserve lot at 52 – 54 Miles Street, Yamba, off Carrs Drive. When the DA was placed on public exhibition, council received 330 submissions about the proposal, with just three in support.

Clarence Valley Council planning staff did an updated assessment of the proposal dated June 1, 2024, which recommended the development be approved.

The decision of the NRPP to refuse the application pursuant to section 4.16 of the Environmental Planning and Assessment Act 1979 was published just before midday on Monday, June 17