Rodney Stevens
Modifications to the development application for Yamba’s Palm Lake Resort which will see the clubhouse almost double in size and 72 of the 78 dwellings become two storey have been approved by Clarence Valley Council.
Developer Palm Lake Works Pty Ltd lodged the modification for the development application DA for 10 changes including altering the internal layout, the number of two storey height dwellings, access location, clubhouse and landscaping.
The proposed changes include the clubhouse grow from 740 square metres to 1380 square metres in size and be relocated from the south-western to the south-eastern corner of the site, the main entrance moved to the centre of the southern boundary, the number of two storey dwellings be increased from 50 to 72, plus changes to house designs and internal layout.
When the modification application was on public exhibition council received 57 public submissions against it.
Issues raised in the submissions included impact on traffic on Yamba Road/Orion Drive, lack of footpath on Orion Drive, lack of storage for recreational vehicles, and the stormwater outlet to river and surrounding wetlands.
To approve the modifications, which council staff recommended, councillors must be satisfied the development was substantially the same as the original development approved by CVC in 2007.
At CVC’s December 13 meeting, Cr Greg Clancy was assured by council’s director Environment and Planning Adam Cameron that the residences proposed meet guidelines applicable to the local government manufactured home estates regulations.
Cr Bill Day questioned whether this was substantially the same development that was approved given the massive increase in size of the clubhouse.
“The footprint of the overall development is substantially the same as previously approved,” Mr Cameron said.
Cr Debrah Novak thanked the community for its 57 submissions against the modifications but explained council had to follow State Environmental Planning policy.
“My concern is around the flooding and the impacts on the residents if they need to be rescued,” she said.
“I just wish we could put a moratorium on it, but we can’t because these are the rules that we are working under.”
“I really support everything that was said in those submissions because they are heartfelt concerns from residents who have lived there for a long time…on this occasion I am actually going to vote against this and be in support of what our community have said in their submissions.”
Cr Peter Johnstone said he would be supporting the motion to approve the modification which he said was “a minor change, well within the modification rules”.
Cr Greg Clancy said he couldn’t see any great benefit to the community of the change, only to the developers as more two storey dwellings would be worth more money to them.
“I personally think with all these changes that are listed in the mod, I disagree with the staff’s assessment that this is basically the same as was approved,” he said.
Cr Bill Day said he would reluctantly support the application as he couldn’t see a defensible rejection of the application.
Cr Karen Toms said the modifications made the development a far more modern looking development than the existing Palm Lake Resort and a lot had changed since the original approval in 2007.
“The 10 reasons here are actually tweaking it and making it better,” she said.
“This particular development I think it’s stunning when you have a look at the houses.
“It’s not about what we like, or what someone else would like, it’s about what’s permissible.”
The motion to support the council officer’s recommendation was moved by Cr Karen Toms and seconded by Cr Allison Whaites that Council:
1. Accept the Section 4.55(2) modification application MOD2022/0027 is substantially the same development as approved under DA2007/0884; and
2. Approve the Section 4.55(2) modification application, being MOD2022/0068 of DA2007/0884, subject to amended draft advices and conditions.
The motion was carried six votes to three with Cr’s Clancy, Novak and Smith voting against.