Geoff Helisma

When it came to the vote to support (or not) the CVC officer’s recommendation, to “note the submission of council’s assessment report to the Northern Regional Planning Panel [NRPP] for determination of DA2021/0558 for the proposed multi-dwelling housing development” at 8 Park Avenue, Yamba, CVC’s panel representatives left the meeting while the development application was discussed.

Mayor Ian Tiley, deputy mayor, Cr Greg Clancy, and alternative representative, Cr Peter Johnstone, declared non-significant, non-pecuniary interests in the matter and did not participate.

The Independent asked Cr Tiley, ‘Why did the councillors declare such an interest and, therefore, not lodge a vote for or against the proposed development?’

Mayor Tiley: “We were instructed by chair of the NRPP, Paul Mitchell, to err on the side of caution – stay out of the room and not vote for or against.

“If we don’t do that it can be challenged in the land and environment court.”

Independent: ‘As members of the panel, are you bound by the councillors’ decision?’

Mayor Tiley: “No, we can have individual views … but it’s important for council to express a view.”

I: So, you and Cr Clancy (or Cr Johnstone if an alternative representative is called for) will be free to oppose the development if you choose to?

Mayor Tiley: “Of course, and we may well do so, it’s a separate process for state significant development and council also has a say.”

Hypothetically, this means that if the three excluded councillors were against the development, CVC would have had to lodge a submission with the NRPP outlining its opposition, as stated in the report to council: “Should council wish to make a submission to the NRPP regarding the proposal, council can do so by way of resolution.

“If council resolves to make a submission, it must register before the [NRPP] meeting by contacting the planning panel’s secretariat for instructions to join the meeting.”

Meanwhile, at the CVC meeting, Cr Jeff Smith said, “I can’t let this one go”, and expressed concerns about the “intense density of this development” and that “one road in, one road out worries me”.

He was concerned about the “lack of solar and water tanks, which is yet to be clarified, the stormwater retention [tanks], as well as a distinct lack of open space … with very little chance of trees”, and said, “the roads are narrow in some parts of the development”; [there are] “just a whole string of [unanswered] questions for me”.

Cr Bill Day said he “concurred with many of the things” Cr Smith raised, however, he said “it is the officer’s recommendation to note the report; I don’t think we can do anything but note it”.

Cr Toms complimented CVC’s staff, who are in “full support of it”, and said, “I’d just like to say that this will be a good outcome – it will provide opportunities for people to purchase housing in Yamba at a much more affordable rate, because it’s a land-lease type of arrangement.

“…These sorts of developments are extremely popular around Australia.

“I’ve seen some of these places and they are quite beautiful … some of them are 5-star … this a better outcome because it will have one owner looking after the whole site; and the drainage issues that are there will be taken care of by this development.”

Cr Steve Pickering said, “as Cr Day mentioned, we are only noting the report”, and that he had “taken account of the objections” and pointed out that “36.8 per cent of the site is dedicated to landscaping and that street trees are proposed”.

The development control plan calls for a minimum of 35 per cent landscaped area.

Cr Pickering said there were “plenty of amenities” and that the proposal “is designed to be a community”.