Rodney Stevens
The refusal of a development application DA for a six-lot subdivision on Carrs Drive at Yamba due to concerns about its impact on a conservation zone will be reviewed by council after the applicant applied for a review of its determination to refuse the initial application.
The DA for 181 Carrs Drive proposed six large-lots ranging between 5000 square metres and 7855 square metres, on the 3.38-hectare parcel of land which stretches from the western side of Carrs Drive, nearly to Shallow Channel.
When the application from Wassa Consulting and Building Design’s Warren Gould on behalf of Sharon and Gavin Shankland was placed on public exhibition council received nine submissions against the proposal.
Submissions from the public raised concerns about the environmental impacts of the proposed development, stormwater, flooding and servicing the development.
Following the public exhibition period, the DA for the subdivision came before Clarence Valley Council’s April 2023 meeting, where council staff recommended councillors approve the application subject to conditions.
But Cr Greg Clancy moved a motion to refuse the subdivision, which was seconded by Cr Peter Johnstone.
Cr Johnstone expressed his concern about the sixth lot of the proposed development and the fact it would discharge sewage into the adjoining conservation zone and part of a wildlife corridor.
Stating the site is a wetland that floods, Cr Greg Clancy raised concerns about the sites suitability for development and said there were a number of issues that hadn’t been properly addressed according to section 415 of the Environmental Planning and Assessment Act.
But Cr Karen Toms said she didn’t agree with Cr Clancy’s motion, and she didn’t think “the reasons for refusal will hold up in the Land and Environment Court” if the applicant appealed council’s decision.
Councillors then voted 6-3 to refuse the DA, with Cr’s Toms, Debrah Novak and Allison Whaites voting against Cr Clancy’s motion.
According to council’s website a Review of Determination can be lodged under the provisions of Section 8.2 of the Environmental Planning and Assessment Act 1979, which states “an applicant may request that we review a determination of an application which is not complying, designated or submitted by or on behalf of the Crown.”
Now the applicant has worked with council staff to revise their DA, it has again been placed on public exhibition and feedback on the proposal is welcome until 4pm on Monday, September 25.
Once the end of the public exhibition period is reached, the review of the DA will come before a future council meeting for councillors to vote on.
To make a public submission on the DA visit https://www.clarence.nsw.gov.au/Building-and-planning/Advertised-DAs/REV20230005-181-Carrs-Drive-Yamba