Rodney Stevens
The developer of a 250-home estate on Brooms Head Road at Gulmarrad has succeeded in their bid to build on-site after seeking a review of Clarence Valley Council’s refusal.
Stimson Urban and Regional Planning applied for a review of Clarence Valley Council’s CVC decision in August to refuse on-site construction of the homes, after submissions about noise and traffic concerns were lodged by neighbours.
When CVC approved the 250 home DA on June 28, it was subject to development consent condition 86 which stated “A manufactured home must not be installed on a dwelling site unless each major section of the home has been constructed and assembled at, and transported to the manufactured home estate from, a place of manufacture outside the manufactured home estate.”
On June 29, developer Lincoln Place lodged a modification application with CVC to permit construction of the homes on site, which was refused by council at its August 23 meeting in line with manufactured housing guidelines.
The developer then sought expert legal advice, which outlined a number of precedents from Land and Environment Court decisions, before lodging an application with CVC for the review, which included amending the development consent condition 86 to permit construction on site.
In addition to the amended condition 86, which now reads “The construction of manufactured homes must comply with the Construction Management Plan submitted by Lincoln Place Pty Ltd at all times,” council imposed a number of conditions on the developer.
The developer is to provide a Complaints Protocol to council within 14 days, including to ensure compliance with conditions of approval, to minimise the potential impact of construction activities and noise on nearby residents, to provide a site manager contact to adjoining residents, plus manage and respond to complaints within 24 hours.
At the November 22 CVC meeting council staff recommended councillors support on site construction, subject to those conditions.
A motion to adopt the staff recommendation was moved by Cr Karen Toms and seconded by Cr Steve Pickering.
Cr Toms said the applicant Stimson Urban & Regional Planning had requested a review of council’s August refusal to allow on site construction, which they were entitled to do.
She said there were many more positives for the local community to have the homes built on site and not delivered by truck, including the build quality and style of the moveable homes.
“Our staff assessment of the DA and their recommendation is to support, and so is the Maclean Chamber, they’ve even put forward a letter of support because they can see the benefits of actually building them on site, in terms of employment for our people, because if they come on the back of a truck, they’ll also come with certain people to put them together,” she said.
Cr Pickering said he initially voted against allowing on site construction, but after seeing the changes made to the conditions, he was now a supporter.
“I think this would be a great boost for our local economy, with a boost for our trades and other associated industries within the area,” he said.
In speaking against the motion, Cr Peter Johnstone said he was concerned the developer was seeking the advantages of having the minimum lot size in their approval, but to remove the safeguards.
“To me this is something that should be considered as a new application, it is no longer substantially the same application,” he said.
Like Cr Pickering, Cr Bill Day said he also initially voted against on site construction, but the developer had addressed his concerns about noise, impact on neighbours and traffic, so he would be supporting Cr Tom’s motion.
Cr Allison Whaites said she was a big supporter of moveable home villages and what they provide for the over 50’s and she hadn’t heard any complaints about on-site construction when she had sold homes in similar villages.
Mayor Ian Tiley said the development would be a great economic and employment boost for the valley.
“The 250 homes to be built over the next five to ten years are going to be constructed on site by local employees, and not by crews from outside the valley,” Cr Tiley said.
“That’s a whole lot of employment and training for young tradies and will be great for our economy.”
The motion was passed 6-3 to allow on site construction, with Cr’s Greg Clancy, Peter Johnstone and Jeff Smith voting against.