Department of Planning Directions

The most important broader plan that currently affects the Tweed Shire is the Far North Coast Regional Strategy (FNCRS). The FNCRS was adopted by the New South Wales Government in 2006 as an all of government policy document. The purpose of the FNCRS is to manage anticipated population growth within the Far North Coast region, balancing environmental assets, cultural values and the natural resources of the region.

The Department of Planning’s Policy direction embodied in the Strategy is very clear. Whilst it identifies the boundaries of existing towns and villages as well as future urban release areas that are already identified in approved residential release strategies the FNCRS does not permit any new release areas East of the Pacific Highway and will only consider “innovate development proposals” West of the Highway subject to satisfying the “Sustainability Criteria” provided at Appendix 1 of the Strategy.

The FNCRS is subject to comprehensive review every 5 years, with the first review scheduled to commence in 2010. The recently adopted Tweed Urban and Employment Lands Strategy 2009 was prepared in accordance with the FNCR Strategy guidelines and has been presented to the DOP’s Regional Office at Grafton for consideration in the review process. Both the FNCRS and Council’s Strategy will play an important role in guiding the advancement of the Draft Tweed LEP 2010 Stages 1 and 2, and for the assessment of any emerging rezoning proposals.

For more information please view the Far North Coast Regional Strategy Document. This should be read in conjunction with the Settlement Planning Guidelines and North Coast Design Guidelines.

Regional Environmental Plans (REPs) cover issues such as urban growth, commercial centres, extractive industries, recreational needs, rural lands, and heritage and conservation. REPs are made under the Environmental Planning and Assessment Act 1979 and provide the framework for detailed local planning by councils. All REPs are exhibited in draft form for public comment, and all submissions are considered before a final plan is gazetted and becomes legal.

The North Coast Regional Environmental Plan (NCREP) provides local government with state and regional policy guidelines for the preparation of local environmental plans and for certain types of development. The plan sets the basis for new urban and rural development. The emphasis is on progress coupled with careful management.

Of note, Clause 38(1) of the NCREP requires that:

• The council should not prepare a draft local environmental plan which permits development that, in the opinion of the council (subject to the directions given by the Director), constitutes significant urban growth unless it has adopted an urban land release strategy for the whole of its local government area.
• Tweed Shire Council has an adopted Urban and Employment Land Release Strategy which can be viewed here. This document enables Council to coordinate future growth through future LEPs, as per the requirement of the NCREP.

The NCREP also contains development assessment criteria as well as strategic functions. Development assessment criteria are provided to particular development types and development within particular areas, for example, development in rural areas, development within 100 metres of a waterway, overshadowing of coastal lands. For more information please visit NCREP Legislation Website.

State Environmental Planning Policy (SEPP) No. 71 - Coastal Protection commenced on 1 November 2002. The Policy has been made under the Environmental Planning and Assessment Act 1979 to ensure:

• development in the NSW coastal zone is appropriate and suitably located;
• there is a consistent and strategic approach to coastal planning and management; and
• there is a clear development assessment framework for the Coastal Zone.

The SEPP outlines a number of matters for consideration prior to granting development consent, and includes matters such as:

• the aims of the SEPP;
• retaining and improving existing public access to and along the coastal foreshore for pedestrians or persons with a disability;
• the suitability of development given its type, location and design and its relationship with the surrounding area;
• any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore;
• the scenic qualities of the New South Wales coast, and means to protect and improve these qualities; and
• the likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards.

SEPP No. 71 also requires the provision of a masterplan for the subdivision of land within a residential zone into more than 25 lots, or 5 rural residential lots.

For more information please visit SEPP 71 Legislation Website.