NewsBite

Can landowner really divide and sell Yamba’s waterway?

Clarence Valley councillors will face a difficult task in the new year when they decide yes or no to controversial development

CLARENCE Valley councillors will face a difficult task in the new year when they decide if a landowner can subdivide and sell parcels of a Yamba waterway.

When it was submitted in September 2020, the DA 2020/0543 revealed over 30 small parcels of ‘land’ would be subdivided behind the adjoining properties around Newport Island Circuit down to Arakoon Court, Yamba.

Owner of the proposed subdivision Bob Morrison said in an earlier interview with The Daily Examiner that the proposal will allow him to exclusively sell these parcels to adjoining homeowners to give them “right of access to the lake.”

However, residents have disputed claims by Mr Morrison that “none of them have (right of) access to the water and a few have put a small jetty on the waterfront not realising that it was privately owned right along the back of all their houses.”

When examining the original development application documents and CVC’s online boundary maps, the majority of these land parcels are actually parcels of water.

After numerous attempts by The Daily Examiner to find the regulatory authority on this matter, it appears the decision-making process may hinge on the judgement of these nine councillors.

A screenshot of the Clarence Valley Council online boundary mapping tool shows that some owners have built foreshore infrastructure within their legal boundary. Please note: The mapping tool is a guide only.
A screenshot of the Clarence Valley Council online boundary mapping tool shows that some owners have built foreshore infrastructure within their legal boundary. Please note: The mapping tool is a guide only.

“We are awaiting advice from Transport for NSW regarding this … as we as Council are not the regulatory authority for this,” CVC manager environment, development & strategic planning Adam Cameron said after The Daily Examiner approached Clarence Valley Council for clarification on the matter.

“It is a question we need answered regarding whether it is a public water way or not. Some of the submissions contain a letter from Maritime in 2009 that the water is a navigable waterway and therefore open to public use.”

Unfortunately, Transport for NSW had no further information on this complicated issue after The Daily Examiner reached out for comment.

“The management of the foreshore infrastructure at this location is managed by Clarence Valley Council,” a spokesman for Transport for NSW said.

A decision will be made on the proposal in an early 2021 Clarence Valley Council meeting.

Originally published as

Original URL: https://www.dailytelegraph.com.au/news/nsw/grafton/can-landowner-really-divide-and-sell-yambas-waterway/news-story/bfe87f4d5f1034652a004746bdc4e8b4