John Warden

It was a testing time for newly elected Clarence Valley Council (CVC) Mayor Ray Smith on his first day in the role last Thursday (October 17) as he tried unsuccessfully to have council support a Mayoral Minute which sought to have NSW Planning Minister, Paul Scully intervene into a determination meeting of the Northern Rivers Planning Panel (NRPP) set down for today (Wednesday October 23).

The meeting was in relation to a proposed development, the Clifton Manufactured Homes Estate in Carrs Drive, West Yamba.

Cr Smith said he wanted to see Council send an urgent email to the Minister and the Chair of the NRPP, “seeking a deferment of the meeting specifically in relation to that DA, to allow time for Council to have representatives on the panel.” “We need to be seen by the community to be at least trying to have our democratic right exercised,” he said.

Council had been left without representation due to the recent Local Government Elections.

The mayor admitted it may be that the request is refused, and the DA will be determined in the absence of CVC representatives but revealed “we have to try”.

Cr Karen Toms told the meeting the mayors request was “interesting” and a “slam dunk Mayoral Minute without giving us much opportunity to read it.”

“Given your many years as a GM, would you think that a Minister would intervene in NRPP procedures, that they must follow?” Asked Cr Toms.

Cr Smith told Cr Toms he could not speak on behalf of the Minister, “but I believe maybe he will.”

“But regardless, I believe the community should be seeing Council is at least attempting to have representation on the panel because of the controversy over the development,” said Cr Smith.

A lengthy debate followed with numerous points of order being raised.

Cr Peter Johnstone in an address to the mayor said he was one of the permanent members of the joint regional panel which had considered the issue in the past and “was of course the mayor when all these things were going on.”

Cr Johnstone said he was surprised the mayor had not considered talking with him (about the issue) “because clearly I have a lot of knowledge about the issue.”

Cr Allison Whaites reminded the meeting she had earlier asked the mayor if the Mayoral Minute had anything to do with Cr Lynne Cairns or Yamba CAN.

“I am a bit confused on that, seeing as we had received an email a few days ago from the mayor and then from Cr Cairns and then Yamba CAN,” she said.

She reminded council, “our community is not just Yamba CAN.”

Others also questioned the connection between the mayors move and Yamba CAN.

“Did you prepare the Mayoral Minute or did Cr Cairns?” asked Cr Debrah Novak.

Cr Smith… “I prepared this.”

Cr Novak… “in help with Cr Cairns.”

Cr Smith… “I had advice from Cr Cairns and a number of other people.”

Cr Whaites… “Would that be Yamba CAN?”

Cr Smith… “I had no discussion or liaison with Yamba CAN.”

The vote to email the Minister to have him defer the NRPP meeting was eventually lost 5-4 with councillors Cairns, Yager, Smith and Clancy in favour and councillors Whaites, Novak, Johnstone, Causley and Toms against.

Cr Toms later told the CV Independent that the attachment in council’s business paper for Tuesday 22 October states… 

‘NRPP are independent bodies representing the Crown and are not subject to the direction of the Minister, except on matters relating to Planning Procedures or where the Minister issues a formal direction under the EP&A Act ‘.

“Expecting the Minister to defer in such short notice was ridiculous and never had a chance of being successful in deferring the NRPP meeting,” said Cr Toms. 

“The MM was grandstanding at best and a conflict for Cr Cairns who helped the mayor write it after her NOM was not accepted due to non-compliance of Code of Meeting Practice.”

When asked to comment, the Mayor said, “if grandstanding means seeking representation on behalf of my community, then I will continue to grandstand for the remainder of my tenure.”

“I was simply trying to have the NRPP meeting delayed so council could have representation.”

Cr Cairns told the Independent she had spoken with the mayor about his Mayor Minute but in no way was there a conflict of interest.

“The Mayoral Minute was simply an attempt to have the Minister defer the NRPP meeting, given that this was such an important local issue for which council should have had representation,” she said.