Rodney Stevens

A significant 295 lot Yamba development that council has recommended be refused will go before the Northern Regional Planning Panel for assessment next week, offering locals the opportunity to make submissions.

The Development Application DA for the $32 million staged residential subdivision located at the yet to be formed Miles Street, which runs east off Carrs Drive, was lodged with Clarence Valley Council CVC on behalf of Kahuna No 1 Pty Ltd, owners of the 42.5-hectare site.

The 850 metres by 500 metre site fronts Carrs Drive, with the to be constructed Miles Street and St James Primary School to the north, and Golding Street to the east.

CVC’s assessment report prepared by town planner James Hamilton notes the Kahuna Yamba Gardens DA was on public exhibition twice, with eight submissions received in the first exhibition period and 79 submissions from the most recent period.

“The Council received a total of 87 individual submissions, comprising 87 objections and no submissions in support of the proposed development,” Mr Hamilton’s report stated.

“The submissions raised issues relating to urban design, flooding, stormwater, traffic, filling, environment, services, climate change and sea level rise, heritage and impacts on the town.”

The assessment on the DA by Mr Hamilton listed six factors, including two endangered species, for refusal.

These factors for refusal included that The Rural Fire Service could not support the development under Section 100B of the Rural Fires Act 1997, and the fact the site contains two listed endangered flora species being Rotala tripartita and Spider orchid.

“Sufficient information has not been provided to enable a determination on how the proposed development will not likely have a serious and irreversible impact on these two species,” the assessment stated.

The DA was also found by council to be inconsistent with the General Residential, Flood Planning and Earthworks clauses of the Clarence Valley Local Environment Plan 2011.

“The proposal is inconsistent with the aims of Clarence Valley Local Environmental Plan 2011 as it has not been satisfactorily demonstrated that the proposed development will enable the sustainable development of the site, adequately protect areas of high ecological value and maintain the character of Yamba township,” the assessment stated.

CVC’s assessment also found the DA was inconsistent with numerous parts of the Clarence Valley Residential Zones Development Control Plan 2011, including Floodplain Management Controls, Sustainable Water Controls and Urban Release Area Controls.

As the proposed development is valued at more than $30 million, CVC’s refusal of the DA including its assessment report will be considered by the panel when they make their determination.

The Northern Regional Planning Panel will meet via public teleconference on Wednesday September 21, at 4pm and locals are invited to listen or make submissions to the panel. 

To register to speak or to listen to this meeting, please contact the Planning Panels Secretariat before 4pm on Monday, 19 September 2022, on 02 8217 2060 or email enquiry@planningpanels.nsw.gov.au. 

You will be provided with the phone number and code to enable you to join the public teleconference once registered.

Relevant documents will be available on the Planning Panels website www.planningportal.nsw.gov.au/planningpanels