Rodney Stevens
If land not already subject to development approval at West Yamba was rezoned to conservation and rural status it would be a first in NSW and could cost Clarence Valley Council up to $400,000 in planning reports and assessments.
Deputy Mayor Greg Clancy put forward a notice of motion to the April Clarence Valley Council CVC meeting concerning the rezoning of land on the floodplain in the West Yamba Urban Release Area WYURA, after it was deferred at the March meeting to allow a council workshop on the issue to take place.
In his summary of the issue, Cr Clancy said constant truck movements of one every 10 minutes dumping fill had caused great concern among residents and appeared to be exacerbating localised flooding around the Carrs Drive roundabout and surrounding area.
“There is also concern that the large amount of fill is affecting, and will increasing affect, the drainage of the area, adversely affecting low lying residences and the environment,” the summary in the CVC April meeting agenda states.
Cr Clancy said the 2022 floods brought the issue to a head as the Yamba population will increase by 2000 people once WYURA is developed, placing extreme pressure on the SES to evacuate residents in a major flood.
CVC General Manager Laura Black said in the April meeting agenda funding the approximately $400,000 planning proposal would add to an existing deficit of $96,052.
“As Council does not have an established project fund for this Planning Proposal, the cost, if resolved, will be recorded as a deficit to the General Fund and reported as a line item in the Q3 Quarterly Business Review Statement,” Ms Black said in the April CVC meeting agenda.
Council staff do not dispute that planning and assessing development in flood-prone areas within Yamba needs proper consideration and has some complex issues and challenges.
To address these issues, council has commenced a flood study and updated Clarence River Flood Model to include consideration of the 2022 floods, the new Pacific Motorway and the best practice flood modelling which has evolved since the previous flood study in 2013.
After adopting the Flood Model update, a whole of catchment Floodplain Risk Management Strategy and Floodplain Risk Management Plan will be commenced, in consultation with the Floodplain Risk Management Committee.
Taking about a year, the process would require the appointment of an external expert consultant in floodplain planning, plus input and consideration by council.
This information would likely be required by the Department of Planning and Environment DPE before a planning proposal could proceed past a ‘gateway’ determination.
Specialist reports and assessments specific to WYURA would be required if the individual planning proposal were to be progressed outside of the established flood planning framework, which Ms Black estimates could cost up to $400,000.
Council would then have to attend a pre-scoping meeting with the DPE and other relevant government agencies, where they would be advised of the background studies required, possibly including a full planning assessment ($100K), flood and risk assessments (up to $100k), socio-economic assessment (up to $75k), revised housing supply analysis (up to $75k) and other reports and legal advice (est $50k).
Despite council receiving previous legal advice that it would not be liable for compensation if the land was rezoned, council staff state in the April agenda there is a legal risk which could result in a defence bill of $400,000 or more if the matter was taken to the Land and Environment court.
“There is a risk of legal action if Council takes an approach to prepare the proposed PP as this would set a policy position that Council does not support further development approvals in the WYRUA,” the CVC April meeting agenda states.
“…If Conservation zones are proposed in place of R1 – General Residential Zones, this change could be taken to be so restrictive that Council could be liable for compensation.”
If CVC can navigate the process to rezone WYURA, it would be a first in NSW.
“The legal advice provided to Council summarises that the town planning or rezoning process to ‘down zone’ and remove development rights has not been used anywhere in NSW to address natural hazard risk,” the CVC April meeting agenda states.
The Independent will report on the result of the notice of motion in the April 26 edition.