Developer demands council waive fee to honour shortfall

SOME history between a leading Yamba businessman and Clarence Valley Council has led him to ask the council to waive about $40,000 in fees for a development application in the town.

At Tuesday's Clarence Valley Council environment, planning and community meeting, Yamba publican Jack McIntosh made a deputation to explain why council should not charge his company some fees relating to the redevelopment of four shops and a restaurant at 29 Yamba St.

It is agreed the development is two car parks short of requirements and the car parking area on the street front must be resealed and parking spots delineated.

The company, Redvat Pty Ltd,wants the council to waive $30,000 in lieu of the parking shortfall, complete the seal and painting work and create a disabled car park at an estimated cost of $10,000.

Mr McIntosh said in 2005 Redvat paid council more than $46,000 for car parking related to the development of the Yamba bottleshop.

He said Redvat and the council had come to an agreement, in conjunction with the 2005 DA, to create six car parking spots in Coldstream St with a time limit of 30 minutes because it would be a benefit to the business.

He said the council increased the limit to an hour, then later reduced it to 30 minutes. He said the council no longer enforces the time limits, negating the aim of paying the council for their construction.

"Should council accept our request to waive the reseal contributions we feel this is a very fair and equitable outcome. In actual fact we have over-delivered," Mr McIntosh told the council.

"On the other hand if council conditions these contributions as approval conditions this decision will be inequitable, unfair and unreasonable and furthermore morally unjust considering council never honoured its obligation to honour the time limit restrictions on the car park.

"In simple terms if council impose contribution conditions it has obtained six CBD carparks free of charge under false pretences.

"If council agrees to this request, council is $6000 in front on current figures from our 2005 $43,023 contribution."

The council voted to defer the decision on this DA to its full meeting next week to gather more information, but not before some extended debate.

Cr Andrew Baker moved an amendment to the recommendation, that the developer not be required to reseal and paint the car park. He said the amount of $40,000 was a fair trade for the work done.

But Cr Margaret McKenna said there was a lot that was unusual in the current DA and the 2005 document. "I haven't heard of parking being paid for subject to time limits."

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