A crowd of more than 50 concerned residents gathered near the intersection of Golding and Miles Streets to hear deputations from 6 local residents to the Land and Environment Court on site Conciliation conference last Friday.

The conference was in relation to case 2024/00279190 Garrard Building Pty Ltd v Clarence Valley Council, which was brought before the Land and Environment Court after the Northern Regional Planning Panel refused a proposed $53 million subdivision in June 2024.

The proposal was for a 284- lot subdivision comprising 277 low density residential lots, 1 medium density residential development lot, 1 commercial development lot, 1 low density development lot, 3 drainage reserve lots, and 1 open space reserve lot at 52 – 54 Miles Street, Yamba, off Carrs Drive.

Acting Land and Environment Court Commissioner, Mike Young, an Environmental Scientist with 28 years’ experience, told the Court before proceedings commenced, there could be three outcomes from the conference.

There may be no agreement reached between the parties, which would result in a hearing likely to be held in August or September, the matter could be adjourned to allow the submission of amended material to see if concerns are resolved, or an agreement could be reached.

“I understand there is significant community interest about the proposal…more than 300 submissions were received,” Commissioner Young said.

“Under the legislation, it is mandatory for the Court to consider the submissions from the community.”

Retired flood mitigation engineer with 50 years’ experience, Bob Cairns spoke on behalf of the Yamba Community Action Network (Yamba CAN Inc) and Valley Watch Inc, said he objected to the proposal due to the isolation hazard and the inability to evacuate people in a flood, potentially risking lives.

He said in the 2022 floods the access to the unofficial Yamba flood refuge, the Bowlo was cut by water, Carrs Drive was cut, Yamba, was isolated for 7 days, Coles ran out of food, and at least 50 homes were inundated.

“The impact of this development will be detrimental to existing and new residents of this area,” he said.

David Robinson spoke on behalf of the more than 200 older residents of the Grevillea Waters village, one of the most vulnerable and at-risk communities on the west Yamba floodplain, which was completely isolated for 3 days in the 2022 flood.

He said many residents required frequent medical or assistance visits, they are unable to get, or afford, flood insurance, the Lower Clarence was declared 3rd in the top 10 of IAG Insurance Group’s at-risk floodplains in Australia, and any evacuation of residents in a flood would require a military grade operation.

“The intolerable risk to lives of residents of Grevillea Waters in a flood event is extremely real,” he said.

Neighbour Jeremy Cayford spoke of the impacts to Golding Street, Grevillea Waters Village, all of which are cut by water, and water pooling in paddocks adjacent to the proposal during heavy rain.

He said his major concerns were that the development directly contravenes the intentions set out by Council and that increased fill in the West Yamba Urban Release Area (WYURA) would increase the velocity of storm and floodwaters, exacerbating the environmental impact.

“The impacts to surrounding properties to the WYURA have not been considered,” he said.

Craigh McNeill, another neighbour of the proposed development who has done extensive research on how the WYURA floods, said during a flood in a king tide, water from Lake Wooloweyah pours through the water courses of the area to Grevillea Waters and Golding Street, which resulted in water surging down Golding Street for the first time ever recorded in 2022.

He said the 2009 Yamba Risk Management Plan recommended a wave runup study be undertaken, which hasn’t been done, the most recent flood study did not engage with the community and fill for the proposed development has been placed in a designated floodway.

“I believe there should be an independent flood study done for the lake and how it interacts with the river,” he said.

Ryan Scanlon who owns one of the original homes on Yamba Road told the Court due to fill in the WYURA his home had been impacted in 3 events since 2021, and floodwater depths had changed significantly since fill had been dumped for developments.

He said the 70-year-old hardwood floors in his home had been inundated, the base plates on the footings were rotting, the damage to his home from the 3 events was more than $300,000, and they can’t get insurance.

“It’s been a pretty significant impact to our family and our wellbeing,” he said.

Helen Hajduk was the last resident to speak, describing the parade of trucks going to and from Yamba with hundreds of tonnes of fill when the M1 Motorway was being constructed, which resulted in homes being filled with stormwater runoff in 2022.

She said filling the floodplain for developments was a “man made catastrophe for our coastal town” and the planning decisions were putting locals at risk of losing their assets in a flood.

“Nature is here to remind us of its power,” she said.

Following the conference, both parties conducted a site visit from the Carrs Drive access, before returning to Maclean Council Chambers to discuss the matter.

The CV Independent will report on the outcome of the case in a future edition. 

This article appeared in the Clarence Valley Independent, 19 February 2025.