Rodney Stevens
The developer behind a proposed $80 million 216 manufactured home estate on Carrs Drive at Yamba is taking Clarence Valley Council to the Land and Environment Court over a deemed refusal of their development application.
In December, Clifton Yamba Land Pty Limited as trustee for Yamba Land Trust applied for a Class 1 appeal in the Land and Environment Court against Clarence Valley Council for a deemed refusal of DA 2023/0241.
The DA from Clifton is for a 216 dwelling manufactured home estate, ancillary community facilities, car parking, tree removal and civil works at 110-120 Carrs Drive, Yamba.
Currently the Northern Regional Planning Panel, the body who will determine the application, states on their website the DA2023/0241 is under assessment.
Concerned community members contacted the CV Independent worried that the developer may be proceeding this way to avoid local public consultation and submissions against the proposed development.
A Clarence Valley Council spokesperson confirmed the court action, which is set down for January 22, in court 1a of the Land and Environment Court, 255 Macquarie Street, Sydney.
“On 15 December 2023, Council was served with an Application for a Class 1 Appeal in the Land and Environment Court for a deemed refusal of DA2023/0241 for 216 dwellings (Manufactured Home Estate), ancillary communal facilities, car parking, tree removal and civil works at 110-120 Carrs Drive, Yamba,” the spokesperson said.
“Council has requested additional information about numerous matters including urban design, stormwater, flooding, environmental impacts and biodiversity.
“A response to Council’s requests is yet to be provided by the applicant.”
Council allayed community fears stating the DA will be advertised and placed on exhibition when public submissions will be invited.
“Concurrent to the court proceedings, the application will be advertised and notified for a minimum of 28 days, in accordance with Council’s Community Participation Plan, once a response is received to Council’s requests for information,” the spokesperson said.
“This means submissions can be made by the community.
“These submissions will be considered by Council and other relevant parties, before any decision is made by the Land and Environment Court.
“Council is unable to make further comment as this is a current Land and Environment Court matter.”
Members of the public can register to watch the proceedings in the Land and Environment Court between Council and Clifton using this link https://lec.nsw.gov.au/coming-to-court/public-visitors.html#Observing0
To register you must provide your name, your email address, the case number of the proceedings: 2023/00453140, the name of the case: Clifton Yamba Land Pty Limited ATF Yamba Land Trust v Clarence Valley Council, and the date and time of the proceedings: 10.55am on January 22, 2024.