Rodney Stevens
A development application for a six-lot subdivision on Carrs Drive at Yamba that was refused by Clarence Valley councillors at the April council meeting has been approved after the applicants sought a review of council’s determination and altered their original proposal.
At the April council meeting, the DA on behalf of Sharon and Gavin Shankland for six large lots ranging between 500 square metres and 7855 square metres, on the 3.38-hectare parcel of land at 181 Carrs Drive was refused six votes to three over concerns it would impact the adjacent conservation zone.
The application was refused on the grounds that:
- The land being a wetland (Swamp Forest of Swamp Oak) making it unsuitable for the proposed development;
- The nine submissions raised major concerns about the potential for flooding, impacts of stormwater runoff and clearing of natural vegetation;
- The likely impacts of the development on the natural environment; and
- Impact on areas of C2 (conservation) zoning for some infrastructure.
Since the refusal, the owners addressed the reasons for refusal, amended the subdivision design, submitted updated reports to council and sought a review of the April decision under section 8.2 of the Environmental Planning and Assessment Act 1979.
The amendments included moving all infrastructure on lot six outside the conservation zone and reducing the building envelope sizes for lots 2 to 6 from 400 square metres to 300 square metres.
At the October 25 council meeting at Maclean chambers Cr Karen Toms moved the officer’s recommendation which was seconded by Cr Debrah Novak that council: approve Development Application SUB2021/0045 under Division 8.2 Review Application REV2023/0005 subject to the draft Advices and Conditions contained in Schedule 1.
Speaking against the motion, Cr Greg Clancy said although there were no mapped wetlands on the site being impacted, the fact that there is Swamp Oaks (trees) on the site flags that it’s low lying and would be subject to flooding.
“I still have concerns that it is too low lying, and it is basically a swamp, even though it’s not mapped as one,” he said.
“I do not think we should be approving housing in areas which are most likely to be flooding.”
Cr Toms said when the DA came before councillors in April, it was concerns with the impact of the sixth lot on the conservation zone that saw some councillors vote not to approve it.
“They have tweaked and made concessions to their subdivision to satisfy the reasons why it was refused last time,” she said.
Councillors voted 7 to 2 to approve the subdivision with Cr’s Clancy and Jeff Smith voting against.