Rodney Stevens

Eight years of frustration by local community group Valley Watch over Clarence Valley Council not releasing important Yamba floor level survey results will now be subjected to a review by the NSW Civil and Administrative Tribunal.

Valley Watch spokesperson Helen Tyas Tunggal said 14 years after Yamba’s existing flooding problem was identified in council’s 2008 flood study, and eight years since professional floor level surveys were done in 2014, affected residents are still unable to access the results.

“Enough is enough” Ms Tyas Tunggal said.

“14 years is too long. 

“The council has an obligation to act in the best interests of residents and stop keeping this information secret.”

The 2008 Yamba Floodplain Risk Management Study FRMS identified the issue of a lack of a floor level survey, but Ms Tyas Tunggal said it took another six years to be conducted.

“Due to a lack of surveyed floor level data an assessment based on approximations,” the FRMS stated.

The approximations, Ms Tyas Tunggal said were made of the number of existing house floors that would be inundated including a 20-year flood (122 homes); a 100-year flood (1223 homes) and extreme flood (2144 homes).

“It took until 2014 for the floor level survey to be conducted,”’ Ms Tyas Tunggal said.

“(The residents were notified) as a part of the investigation work for the preparation of the Development Control Plan that will guide residential development in West Yamba, it is a requirement that floor levels of surrounding residential dwellings be ascertained,” affected residents were told by council.

“These floor levels are required to determine whether any existing dwellings are at risk from the proposed future filling of appropriately zoned parts of West Yamba to enable future residential development.”

“And yet those residents whose floors were surveyed have not been told by the Council what the results are,” Ms Tyas Tunggal said.

Valley Watch has made various attempts to clarify what has happened to the resulting documentation from the 2014 floor level survey.

As a result, the organisation has asked its solicitor to seek a review of Council’s refusal to release the information.

“We think it is only fair for residents to be told how at risk of flooding their homes are,” Ms Tyas Tunggal said.  

“Council has that information and could make the information available if they wish.”

When council replied to Valley Watch’s request for information the written response stated “Premature release of the floor level data might (for instance) result in one or more sales falling

through without the statutory immunity of Council being assured.”

“We do not accept that by releasing floor level survey data council will lose its statutory Immunity,” Ms Tyas Tunggal said. 

“The statement however raises concerns that there is significant information contained within the survey results that residents and the public need to know.

“We are asking the NSW Civil and Administrative Tribunal to take an independent look.”

The first case conference to determine the timeline for the hearing into Council’s decision will be held on October 17, 2022.