Projects get nod despite not meeting planning rules

Councillors approve two development applications despite both failing to meet planning rules.

GOING: The Sun Motel in Yamba about to be demolished after Clarence Valley Council approved changes to its DA. Picture: First National Real Estate

CLARENCE Valley Council's regulators appear to have loosened their hands on the controls with the approval of two Yamba developments that contravene building guidelines.

At Tuesday's council meeting councillors approved both the Surf Motel, in Queen St and a Uniting Church seniors living development in Yamba Rd.

Both developments won approval despite failing to meet both the council's Development Control Plan and Local Environment Plan regulations in a number of areas.

Councillors approved a modification to the DA for the Surf Motel, which removed a ground floor cafe from its plans.

The motel was approved despite failing to meet a number of requirements in the council's development control plans.

The approval followed a review of council's original decision to refuse the DA in 2015, which still failed to meet five of the DCP guidelines controlling: setback from the road, height, landscaping, overshadowing and provision of parking.

Developers said the inclusion of a cafe in the development added "vibrancy" to the precinct, which encouraged some councillors to change their votes.

Planners DesignKing Architects said removal of the cafe was only a minor change and did not alter the overall plan to create a 12-unit, four-storey boutique motel on the site.

Council staff agreed the cafe did not substantially alter the development and recommended its approval.

But neighbours were not happy and furnished a legal opinion detailing their issues.

Cr Debrah Novak asked if the council staff knew of the legal opinion when it recommended approval of the DA.

The director environment, planning and community Des Schroder said council staff had assessed the legal advice and decided it was not worth delaying the process.

Mr Schroder used the Surf Motel development as an example when answering a question about the seniors living units in Yamba Rd, which was approved later in the meeting.

Cr Peter Ellem asked if there were other developments in Yamba that exceeded the LEP's height regulations as much as this proposal.

The 9m tall building is 2.7m above the height limit, which worried several councillors.

Cr Greg Clancy said tall buildings generally did not suit older people and would look out of place in that section of Yamba.

But Cr Arthur Lysaught said people should be able to live comfortably where they want to live. "We shouldn't be in the business of putting barriers in the way of people doing positive things in the valley."

The council voted 5-4 to approve the development.

Originally published as Projects get nod despite not meeting planning rules