Geoff Helisma
James Creek residents have objected to several proposals to construct an urban housing estate on land zoned for that purpose; now they are alleging that changes to the Local Environment plan (LEP) and associated documents will result in “$10m-plus of developer’s contributions that have been wiped off the slate”.
The James Creek Residents Action Group raised the issue in a 48-page submission to a similar previous development application (DA).
Speaking on behalf of the residents’ group, Helen Robertson said she had emailed the group’s concerns to Clarence Valley Council’s (CVC) acting general manager (AGM), environment and planning director, mayor and each of the councillors.
Referring to the group’s previous submission/objection, Ms Robertson wrote, in part, “We asked that no consideration to the development of the land be considered until such time as a full investigation could be undertaken and our concerns be responded to.
“We requested an urgent meeting to discuss our concerns.
“Seven months on and no reply has been received.
“We were shocked to see that an amended DA for the same development was advertised on 12/8/2022, with a closing date of 9/9/2022.”
The AGM and several councillors have responded to the enquiry, however, Ms Robertson said she had received responses from several councillors and the AGM, however, she had received no explanation regarding the developer’s contributions and specifically what those contributions would pay for.
Ms Robertson fears that the 2014 planning gateway determination, which states “this area of land is NOT to be mapped as an urban release area in Part 6 of the Clarence Valley LEP 2011” will result in the developer not having to pay for all of the infrastructure costs, as advocated in the report to the March 2014 CVC meeting, when councillors supported the planning proposal sent to the gateway.
Staff advice to councillors stated, “It is accepted that there is currently insufficient infrastructure for a development of this scale and intensity.
“However, this has been addressed in the Servicing Strategy which has identified and costed the key infrastructure elements that need to be provided and upgraded – various local road works/upgrading and internal roadworks, stormwater infrastructure to Council standard, water reticulation, sewer, electricity/communications and contributions to open space and community facilities.
“The cost of providing and/or upgrading the necessary infrastructure [is to] be borne by the developer.”
Meanwhile, the James Creek Urban Growth Area Road Infrastructure Developer Contributions Plan 2020 advocates the developer paying for “50 per cent of the cost of all identified upgrade works to the new development in the plan area, [which] is considered fair and reasonable”.
These upgrades, costed at $3.6million in 2020, include upgrading James Creek Road’s south and north parts (already completed), upgrades to the Yamba and Gardiners roads intersections with James Creek Road, and raising Gardiners Road above the 20-year flood level.
The DA’s ‘Response to council’s request for additional information’ states that the developer “will make financial development contributions towards these costs in accordance with the James Creek Urban Growth Area Road Infrastructure Developer Contributions Plan” and that “CVC will be responsible for the payment of the intersection construction and delivery costs”.
All documents relating to the current 332-lot subdivision DA can be downloaded from CVC’s website; submissions will be accepted up until 4pm on September 9.