Tuesday, 23 December 2008

Can you see the sign?

Those sneaky dodgy developers are at it again.

This time at the end of Escape Close, Clifton Beach, a public notice appeared recently, advising of the Development Application before Council to extend the Clifton Shopping Centre.
They've hidden the Public Notice sign, not only at the back of the Shopping Centre, at the end of a no exit road, but in the bushes!

Pete Johnston is a nearby neighbour in Escape Close, which is at the rear of the Clifton Shopping centre. He says that the sign should be placed on the developer's property in full public view.

"The public notification of the Development Application is clearly not in compliance with the Integrated Planning Regulations," Pete says.
He is absolutely correct. They state:-
  • 18 Requirements for placing public notices on land—Act, s 3.4.4
    (1) This section prescribes, for section 3.4.4.(1)(b)1 of the Act, requirements for the placing of a notice on land.
    (2) The notice must be—
    (a) placed on, or within 1.5m of, the road frontage for the land; and
    (b) mounted at least 300mm above ground level; and
    (c) positioned so that it is visible from the road; and
    (d) made of weatherproof material; and
    (e) not less than 1200mm x 900mm.

The developer is not ignorant of the Public Notification requirements. It's reasonable to suggest that they do this rather deliberately, to avoid as much scrutiny as possible from the public.

"I can only conclude that the placement of this sign is mischievous and vexatious," Pete Johnson says. "I have asked Cairns Regional Council to officially inform the Applicant that the Public Notification requirements of IPA Sect 3.4.4 (b) have not been complied with."

Pete Johnston, who is also a member of the Combined Beaches Resident's Association, has also asked Council, in light of this breach, to revise the closing date for submissions once the requirements of the Act are met. "Unless this occurs, I will submit the Application has not been 'properly made'."

Pete also says the disgraceful state of the 'landscaped buffer' and screen fence are of concern. He says that they were to be maintained to the satisfaction of the CEO. "This was a development condition, which has never been policed," he says. "This now constitutes a cyclone hazard."

"Also look at the destruction of the Council-installed watering system and damage to the verge area. This is caused by the installation of the 'overflow drain' [white strip of concrete], and the concrete waste and rutted soil that makes it impossible, and dangerous, for the residents to maintain this garden area as we have done in the past," Pete Johnston says.

"We have given up complaining about this development and lack of Council action, I am now saving my time and energy to register my submission and if the Clifton Shopping centre owner thinks that hiding this sign away in the bushes will stop this ending up in the Planning and Environment Court. They have another thing coming," Pete Johnston says.

3 comments:

Jude Johnston said...

Another sign was put up, this time in the correct place. We understand this DA is to legalise the current unlawful use. That is the building is over the allowable Gross floor area, has been from the day it was built. A very long story attached to this original development, but symptomatic of the apathy by council enforcement of Development Approvals.

Jan from Kewarra said...

re the unlawful construction of the Clifton Beach shopping centre - the developers gets away with blue murder, whilst the residents continue to suffer a living nightmare.

Ditto for Clifton Views, Clifton Waters and Clifton Cottages. There are many things illegal (no legal exit points for stormwater at Clifton Cottages, and buildings built over sewer lines at Clifton Views), inappropriate contstructions (such as huge height dispensations at Clifton Waters, Clifton Views built just 5m from Deadman's Creek)etc.

The Council's City Assessment is getting worse not better. The Cairns Plan is turned over for the Vision Group and unique conservation areas are lost, as well as recreation and open space. Ratepayer's deserve a better deal that what is being dished up, especially in the light of the Mayor's new salary increase? What has she done to right any of the wrongs with any of these developments?

ZIP! Nought, Zero, a big fat nothing is what?

Lillian at Yorkeys said...

And these sneaky buggers do this stuff just before Xmas or in January - eg. Northern Beaches Township 'Community Consultation' snuck in week before last.
Good on Pete Johnson & the CBCA for trying to keep the bastards honest.
Maybe it's time to follow up this stuff with Warren Pitt, or the Local Government Association. I think part of the larger problem is that there is an entrenched 'ruling' elite amongst the Council officers/bureaucracy who go about their duties as THEY see fit & what is easiest for them - not what the community wants or needs.
That's what we find over here at Yorkeys, & it's taken a lot of lobbying {all} the individual Councillors to get a couple of ridiculous Council bureaucracy decisions overturned. It can be done - just takes a lot of effort,support, organisation & time. Mind you, we haven't won all of them.
And Jan from Kewarra above - I think you'll find that Val is on about what Byrne was. The whole thing about Council voting about their wages at the beginning of their term, was that incoming Councils needed to do that under Local Government Act due to amalgamation. [I didn't support mass forced amalgamations & still don't].
The ComPost of course didn't report that in the midst of their anti-Val beat-up frenzy.
I do totally agree with your other comments Jan.