The Independent (I) emailed an enquiry to Clarence Valley Council (CVC) on December 17, 2020, seeking clarification regarding the withdrawal of the James Creek subdivision DA and what that meant for the future of the site.
I: At the CVC meeting, during discussion [about the West Yamba service plan and the construction of a] private water main, Cr Toms said “we did it for James Creek for $330k-plus”, when, I think, she was referring to the water main that was extended to service the now withdrawn James Creek subdivision DA. In any case, I’m also told that there was a MoU [memorandum of understanding] in place with the developer to cover these costs at some point in time – could you please clarify what has/is happening here?
CVC: An MoU was entered into as per Council resolution 6a.19.005 at the 25 June 2019 meeting: That, subject to a formal agreement from Kahuna No 1 to reimburse Council’s construction costs prior to the issue of a subdivision certificate for the first stage of the subdivision (indexed by CPI), Council construct a new watermain on James Creek Road for the length of the reconstruction work.
I: How much did CVC contribute towards this infrastructure’s construction?
CVC: CVC constructed the main as a private work and will recoup all the cost from the developer under the MoU.
I: Also, [I believe], the widening of the southern end of James Creek Road was completed for the same reason (according to some hearsay I’ve heard) … [I thought] the road was meant to be completed by developers when the time arose. How does CVC propose to recoup these costs, which would normally be covered by developers?
CVC: Road upgrading: CVC constructed the recent road works on James Creek Road, which are included in the James Creek Urban Growth Area Road Infrastructure Developer Contributions Plan. Council will recover costs as development occurs in the area.
Water main: As per the Council resolution, under the MoU no subdivision certificate for the land will be issued until the full cost (indexed by CPI) is paid to Council. There is a caveat on the title referencing the MoU if the land is sold in the future.
Note: The Independent lodged its email enquiry on December 17, 2020. A response was not received until January 28, following further requests. The council did not nominate a spokesperson for the comments it provided by email.