In June this year Labor councillor Reece Byrnes and Liberal councillors James Owen and Rhiannon Brinsmead supported the decision to refuse the DA variation to change the fill used on the Kingscliff floodplain and the haul method to bring in the fill. The Gales Holdings then lodged an appeal in the Land and Environment Court (L&EC) against council’s refusal to change the fill from sand to ‘unspecified fill’ on the Kingscliff floodplain. They have now reversed their decision to support a negotiated approval for fill to be used on the Kingscliff Floodplain drawing criticism from local community groups who say that allowing clay-based fill into the floodplain will have significant future flood impacts on existing homes and infrastructure.
They are calling on concerned residents and business owners to contact councillors and inform them of their concerns.
Filling the floodplain
The NSW government had committed to ‘no more development on flooplains’ following the devastating 2022 floods, however, this development application (DA) had been approved by the L&EC in 2008 so the council can not stop the development. The 2008 approval stated the fill had to be sand used from another part of the floodplain so that it would drian effectively and would reduce the impact on local endangered fauna and flora.
‘What we do have control over is whether it’s going to have fill [sand or trucked in fill] that has a potential to have a large pollutant load, or it’s not. The other thing we have control over is whether it’s going to have a big impact on our traffic or not,’ explained Myor Chris Cherry at that June meeting.
Political jockeying
The councillors voted 6:1 in favour of refusing the variation to the DA from by Gales Holdings. Subsequently in the July meeting, following an appeal by Gales Holdings, councillors voted 4:3 to defend the appeal in a motion moved by Cr Byrnes. During that discussion, Cr Brinsmead started to remove support from defending the court action by voting against the decision because the Mayor was the delegate. However, Cr Brinsmead refused to state why she believed the mayor should not be the delegate. Cr Brinsmead then stated ‘It has to be defended [the appeal]. I understand that’.
‘Gobsmacking’
This was followed by a motion at the July meeting to go into a confidential session of council and alter how the appeal against Gales Holdings would be managed. The outcome was a change from defending the appeal to supporting a negotiated approval; this change was supported by Crs Owen, Brinsmenad (Liberal), Polgalse (conservative) and Labor’s Reece Byrnes.
‘As this item was considered in a confidential session, unfortunately the community has been left to guess what implications your collective decision may have on a matter that is of significant concern to many Tweed communities,’ said President of the Kingscliff Ratepayers and Progress Association (KRPA) to councillors in a letter.
President of the Tweed Ratepayers Association, Lindy Smith has asked why three councillors have changed their mind on defending the appeal against filling the Kingscliff floodplain with ‘unspecified fil’ and rather, ‘behind closed doors’, have rescinded the motion that had ‘a significant list of 23 reasons not met under planning requirements’ to now negotiating ‘conditions for approval’?
Speaking to The Echo Mr Newton said, ‘This is a gobsmacking decision given the initial 6:1 refusal and also that Cr Reece Byrnes actually moved the motion to defend the appeal’.
‘Shameful’ say community groups
‘Our community is strongly concerned with unspecified fill on the floodplain, not to mention environmental impacts and four years of 68 haulage trucks an hour using Tweed Coast and Cudgen roads into Turnock Street and then the flow on impact into surrounding streets as drivers seek to avoid what will be a complete shambles.
‘Ours and neighbouring communities have been put at serious increased flood and negative environmental and liveability risk by this reversal,’ said Mr Newton.
President of the Tumbulgum Community Association, Jennifer Kidd, also raised concerns about the decision.
‘The community is very concerned about the impact of fill on the floodplain including the type of fill, new or relocated, and its haulage,’ said Ms Kidd.
‘It shameful that Councillors determined this matter “in Committee” i.e. behind closed doors thereby excluding the very communities impacted by their decision.
‘We do not know why three Councillors decided to reverse their earlier decision to defend the refusal of the proposed changes to the development and instead moved to support a negotiated approval.
‘Residents should be concerned about the lack of transparency and the application of the principles of good governance.’
Zombie DA
‘It is not rocket science that filling coastal floodplains with foreign impervious material alters the hydrological regimes exacerbating flooding on existing business, residents, and roads,’ said Ms Smith.
Ms Smith highlighted that the zombie DA at Tringa Street in Tweed Heads that was filled with foreign material earlier this year ‘turned into a massive lake after just six days of intermittent rain’.
Significant traffic impact
A change to the DA will see a significant impact on local roads to bring the 473,000m3 of fill via the existing public road network, using Tweed Coast Road, taking it down Cudgen Road past the hospital and then to Turnock Street.
‘That could be transported at a rate of 34 trucks per hour, for eight and a half hours [a day] Monday to Friday, and four hours on Saturday. That would equate to 33,700 inbound trucks and 33,700 outbound truck movements to add to Tweed Coast Road,’ explained Cr Cherry at the June meeting.
Speak to your councillors
‘We would urge community members who were impacted and/or are concerned by the 2022 floods to email all Councillors prior to this Thursday’s (15 August) 6.30pm extraordinary meeting and urge that they put community interests above all others and vote to rescind last weeks damaging back flip,’ said Mr Newton.
‘The worst case scenario for the proponent is that they return to their 2008 fill and haul approval. The worst case scenario for ours and neighbouring communities is unthinkable should this current DA ultimately be approved.’
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