Rodney Stevens

The Land and Environment Court matter between developer Clifton and Clarence Valley Council that was initially listed for Monday, January 22, 2024, has been deferred until March.

Clifton lodged an application to take Clarence Valley Council CVC to the Land and Environment Court over the deemed refusal of their DA2023/0241 on December 15, 2023.

The DA is for an $80 million, 216 lot over 50’s manufactured home estate, ancillary community facilities, car parking, tree removal and civil works at 110 – 120 Carrs Drive, Yamba.

Due to the value of the development, it will be determined by the Northern Regional Planning Panel, which raised concerns about matters including the potential use of dredge material to fill the site, alternative sources of fill, site design, adequacy of proposed stormwater sizing, the cumulative impacts of flooding, and evacuation plans, in the last video conference about the DA on August 1, 2023.

Council requested the developer provide more information about these and a number of other issues, but when the information was not received, Clifton lodged the application with the land and environment court.

When the CV Independent contacted council about why the matter didn’t go ahead, we were advised to contact the applicant.

Clifton has not responded to the CV Independent’s request for comment.

The Land and Environment Court responded to requests for information about the case from the CV Independent, stating the case will next be in court on March 8.

“The matter is next before the Land and Environment Court 8 March 2024 for Registrar Directions Hearing, followed by a s34 Conciliation Conference Onsite on 2 July 2024,” a spokesperson said.

The case number is 2023/453140 and the name of the case is Clifton Yamba Land Pty Limited ATF Yamba Land Trust v Clarence Valley Council.

If the matter proceeds as planned, members of the public can register to watch proceedings via https://lec.nsw.gov.au/coming-to-court/public-visitors.html#Observing0