Ed,
The Yamba Community Action Network Yamba CAN Inc. says the NSW planning system needs to urgently change to prohibit ongoing filling of all floodplains up and down the east coast of NSW.
Local government is a statutory body and has a statutory duty of care to its existing and future residents, to ensure safe occupation and effective and efficient evacuation during natural disasters.
It appears that the current approved developments on the Yamba floodplain resulted in water diversion into existing residents’ properties and homes in February/March 2022.
Yamba’s stormwater drainage system requires thorough investigation and upgrading as it was unable to cope, causing flooding.
Clarence Valley Council’s Flood Model 2022 and Proposed Interim Flood Planning Levels requires thorough scrutiny as to the adequacy and potential impacts, to achieve the safe occupation and, when required, an effective emergency plan for the efficient evacuation of all residents to ensure there is no risk to life.
The properties in Yamba CAN Inc’s petitions for 52 – 54 Miles Street and 120 Carrs Drive Yamba require fill, which may negatively impact on stormwater and riverine flooding in west Yamba.
These developments require filling of the flood way and flow paths that previously acted as a detention pond for floodwater.
Both developments mention possible dredging of Oyster Channel to obtain the required fill.
This is of great concern, potentially adversely impacting aquatic species and aquatic vegetation and can disrupt riverbed habitats, food and shelter for marine life.
Yamba CAN Inc requests that if the applicants intend making application to dredge Oyster Channel to fill each of these developments that these documents are provided to Council to be assessed and also be provided on exhibition to the community prior to approval of these developments.
It appears, a number of the existing developments in west Yamba contravene Clarence Valley Council’s LEP 2011 (a legal document) clause 5.21 Flood Planning:
(2) Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—
- is compatible with the flood function and behaviour on the land, and
- will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
- will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
- incorporates appropriate measures to manage risk to life in the event of a flood, and
- will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of riverbanks or watercourses.
Overall, filled developments are likely to further adversely impact existing residents on the Yamba floodplain and the fragile, and natural environment.
Building on the floodplain on filled mounds is not a viable option.
The planning system needs to be overhauled and climate change needs to be properly considered.
Thank you, Sue Higginson, Greens MP, for your assistance and support.
Authorised by Yamba CAN Inc. Secretary, Lynne Cairns.