Rodney Stevens
Guests staying at Yamba’s Surf Motel will be able to enjoy alcoholic beverages on the rooftop while enjoying spectacular views after a proposal to modify its development consent was approved by Clarence Valley Council.
When DA 2014/0214 approved the demolition of the Surf Motel and the construction of a new 12 room motel at 2 Queen Street, Yamba, condition 7 of the development approval required the rooftop area not to be used for functions or the service of alcohol.
The previous consent permitted only BYO alcohol to be consumed on the rooftop until 10pm.
So, the Surf Motel owners, Mainrow Pty Ltd, lodged a modification application MOD 2023/0092 with council to permit the service of alcohol to guests from a rooftop bar area between 4pm and 6pm on Wednesday, Friday and Saturday, and when it was on public exhibition council received 17 submissions objecting to the proposal.
The submissions raised issues including noise, the potential for Christmas and New Years Eve parties, negative impacts on nearby accommodation, the previous refusal by Liquor and Gaming NSW, the risk created by serving alcohol, and the fact up to 100 people will be on the rooftop at once.
At the December Clarence Valley Council meeting when the modification was debated, Cr Ian Tiley questioned how the condition to permit alcohol consumption would be policed.
“How the devil would we be able to effectively police a condition like this,” he said.
“You’re gonna have to be there all night when they fall off the roof.
“Will the ranger need to take a drink with him?”
Deputy Mayor Jeff Smith said when he lived in a similar place 20 years ago there were dramas and therefore, he would be voting against the modification.
Cr Debrah Novak said council should be cautious about making changes to consent conditions in Yamba’s CBD.
“It’s all very well to be able to put consent conditions in, but to enforce it is going to be the difficult part,” she said.
“So, for me it’s just a headache waiting to happen, so I won’t be supporting it at all.”
Cr Karen Toms criticised the objections, saying if council knocked back the application, the applicant could take council to the Land and Environment Court.
“The power to modify a development consent is provided under section 4.55 of the Environment Planning and Assessment Act,” she said.
“Clearly, they’re taking no notice at all of the EP and A Act.
“That’s the legislation our planners have to assess this on.”
Cr Greg Clancy said council should not be worried about the threat of court action and just rubber stamp applications from developers.
“Even if the modification is allowed under the Act, which it is, doesn’t mean that we have to automatically rubber stamp everything that comes through,” he said.
Cr Allison Whaites focused on the economic benefits if the modification was allowed.
“For those two hours this business can be making money,” she said.
Councillors voted 6 to 3 to approve the modification consent, with Cr’s Clancy, Novak, and Smith voting against.