An $29.9million seniors living development on the former Westside Golf Course at Rutherford approved in a landmark decision, could potentially face flooding reminiscent of the 2015 Dungog Super Storm tragedy, a councillor has warned.
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West Ward councillor Don Ferris was the only Maitland councillor to vote against the McCloy Group’s proposal which, because of its cost and scale, was formally rubber stamped by the Hunter Joint Regional Planning Panel on Thursday.
The McCloy Group lodged an application for 99 self contained homes, a community centre, swimming pool, bowling green and caravan parking area, on what is now known as Heritage Parc, with Maitland City Council earlier this year. Council approved the development at its November 27 meeting.
Cr Ferris said the site incorporates two waterways which he believes could flood during a severe weather event such as the April Super Storm, which claimed three lives.
As a result he fears for the safety and the ability to quickly evacuate elderly and incapacitated people who choose to live there.
“I don’t want to scare people off buying in Heritage Parc but one of my major concerns relates to flood risk," Cr Ferris said.
In a council report, planners said the site "is wholly within a Private Recreation Zone under the Maitland Local Environmental Plan (MLEP)." It also said the development is defined as ‘seniors housing’ and under the MLEP and is not permissible in this zone.
However, the report went on to say that the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 permits seniors housing on any land that is zoned for urban purposes.
The report added that council has legal advice that confirms the provisions of the State policy permits the proposed development in this zone.
Colin Webb, Robin Macdonald and Brian Wilson died during the superstorm that hit the rural town on April 21.
Mr Wilson, 72, died trying to leave his Brown Street unit, Mr Webb, 79, died at units in Alison Court and Robin Macdonald, 68, died inside her Hooke Street home.
"Three elderly residents drowned at Dungog due to [a lack of] consideration of senior citizens and flood risk,” Cr Ferris said.
"I'm not suggesting the circumstances here at Rutherford are similar to those that we saw in Dungog but rather imploring the use of the precautionary principle.
“The area is without a doubt flood prone. Local knowledge is a very important part of evaluating flood risk and I did not have to look far at all to hear a good number of local stories.”
But a McCloy Group spokesman said the group had met all the development application’s criteria including the minimum flood level, noise and solar access requirements.
“It’s one of many constraints we have to address,” the spokesman said.
“As part of the original subdivision approval process, we undertook flood modelling.
“We have more recently undertaken further flood modelling as part of this senior living application.
“Our stormwater engineer provided the 100 year flood levels, which we have designed our site well above.
“The minimum freeboard required is 500 millimetres above the 100 year flood level. Our development is at least 1.2 metres above the 100 year flood level.
“We had to consult with the community as part of the development application process but further to this, we did our own notification process to all our Heritage Parc residents, and we had no negative feedback.”
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