Previous plans to subdivide some of the lots was scrapped in September of last year following legal advice and submissions from the community.

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Council purchased Lots 9, 17 & 18 DP 884316 – Albert Drive, Warrell Creek in May 2022 from Transport for New South Wales (TfNSW) when the lots were no longer required at the completion of highway works.

Council then classified the lots as ‘operational land’ to facilitate a future subdivision of the land into residential lots.

Merits of the proposal to subdivide the lots were assessed by Planning Staff at Bellingen Shire Council to minimise conflict of interest issues resulting from Nambucca Valley Council owning three of the existing lots.

“Council has a reciprocal arrangement with Bellingen Shire Council for development applications such as this one where Council has a conflict of interest, are assessed by the other Council to minimise the potential conflict,” Daniel Walsh said in his report to council at the meeting.

In preparation for the plan, Council staff consulted with the owner of the adjoining Lot 1, agreeing to purchase some of the land and rectify existing encroachments on Council-owned land, allowing this lot to be incorporated into the development application through boundary adjustments.

Bellingen Shire Council found that the subdivision would require some additional works such as the sealing of a laneway from Albert Drive to along the full frontage of proposed Lot 1 where currently a gravel driveway exists, and an upgrade to Albert Drive including roadside tree planting.

The proposed subdivision will create the following lots:

Lot 1 – Approximately 1768m2 in area, this lot will gain access from the new laneway upgrade

Lot 2 – 1020m2

Lots 3 to 9 — These lots range in area from 1554m2 to 2322m2 approximately. All proposed lots are vacant and will be serviced by onsite sewer and water.

Lot 10 — This lot will be approximately 1.636ha in area and is largely constrained flood prone land.

Two community members used the council meeting to voice their concerns over the subdivision plans.

Johnathon Deans offered some alternative proposals for the lots and voiced concerns regarding cost projections, boundary changes and drainage issues.

Geoff Smith claimed the council had a conflict of interest in the matter and said he will pursue this matter further.

Councillors voted to proceed with the subdivision proposal subject to conditions specified by Bellingen Shire Council’s staff.

“The land was purchased for this purpose and we have tried to work with adjoining and affected owners,” councillor David Jones told NOTA.

“Council used Bellingen Shire Council to make a decision on the DA. I don’t see how it can be a conflict of interest.”

By Ned COWIE