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Area E Planning

Area E Urban Release Area

Tweed Shire Council has prepared a new Section (Section B24) of the Tweed DCP for the Area E Urban Release Area. Section B24 was considered and adopted at Council’s December 2011 meeting.

Section B24 of the Tweed DCP identifies design principles for high quality urban and sustainable development of the site as well as the need to provide critical infrastructure within Area E, including; internal roads such as Broadwater Parkway, structured and casual open space, and land for stormwater drainage.

Council staff are currently considering options for collecting development contribution options, which will need to be available for the orderly and equitable facilitation of the infrastructure demand generated by the development of Area E.

Section B24 will not formally take effect until an appropriate framework has been approved by Council, and which is anticipated to take upward of 10 months. Accordingly, the Code has been set to formerly take effect under the Environmental Planning and Assessment Act 1979 on the 1 October 2012.

Should a contributions framework be/not be endorsed by this date Council may resolve to bring forward / delay the Code’s taking effect.

Please click on the headings below to expand/collapse the relevant information.

Background

In 2004 a comprehensive Local Environmental Study (LES) was prepared to support the rezoning of ‘Area E’ to accurately reflect its ability to accommodate urban land uses and environmental qualities of the land . In October 2007, the findings of the LES were realised through the gazettal of an amendment to the Tweed Local Environmental Plan 2000. This amendment gave rise to the zonings applicable to Area E and included an area specific clause requiring, amongst others, the preparation of a Development Control Plan. Council’s Planning Reforms Unit is currently preparing an Area E Urban Release Area Code (the Code) to satisfy this requirement and provide the framework for managing growth in Area E into the future. Figure 1 identifies the boundary of the Area E Urban Release Area.

The Code is being prepared on the basis of extensive analysis and stakeholder input in regard to a wide range of key issues, including traffic and transport, community facilities, retail and employment opportunities, urban development and density, built form, landscape and environmental protection.

Based on those findings, the Code will provide policy guidance in relation to a number of key strategy areas. These include:

Urban Structure
Built form
Traffic and Transport
Open Space
Social Infrastructure
Environment
Flooding
Infrastructure
Other land constraints
Developer Contributions

Timeline

The following timeline briefly details the progress of Area E:

19 July 2000 - Tweed Shire Council resolved to prepare a draft Local Environmental Plan (LEP) and Local Environmental Study (LES) for land identified in Tweed Shire's Residential Development Strategy as Area E.
2004 - A comprehensive Local Environmental Study (LES) was prepared to support the rezoning of ‘Area E’ to accurately reflect its ability to accommodate urban land uses and environmental qualities of the land.
2004 – Council adopts ‘Tweed Futures 04/24 Plan’ which identifies Area E as one of several critical areas needed to enable population growth through urban consolidation, stating;

Council will liaise with developers to seek the timely release of zoned urban land to meet market needs. Master Plans for Kings Forest, Bilambil Heights (subject to adequate road access) and 'Area E' at Terranora (subject to rezoning) will be completed as quickly as possible.
October 2007 - The findings of the LES were realised through the gazettal of an amendment to the Tweed Local Environmental Plan 2000.
2008 - Information submitted by the ‘Area E’ Landowners Group to advance the finalisation of the DCP.
September 2009 - NSW Department of Planning identified a portion of ‘Area E’ as a Major Project after discussions with Metricon, the predominate landholder.
February 2011 – Planning Reform Unit conduct first Area E landowners workshop.
February 2011 – Part 3A Major Project for ‘Altitude Aspire’ lodged with the NSW Department of Planning with public exhibition undertaken from 25 February to 4 April 2011.
March 2011 – Planning Reform Unit conduct second Area E landowners workshop.

Local Environment Study (LES)

Area E LES pp1-18 (4.34mB PDF)
Area E LES pp19-50 (5.63mB PDF)
Area E LES pp51-79 (5.6mB PDF)
Area E LES pp80-119 (3.19mB PDF)
Area E LES pp120-160 (6.41mB PDF)
Area E LES pp161-204 (6.06mB PDF)
Area E LES pp205-243 (3.62mB PDF)
Area E LES pp244-255 (1.21mB PDF)
Area E LES Appendix A (886kB PDF)
Area E LES Appendix B-D (1.44mB PDF)
Area E LES Appendix E-I (426kB PDF)

Area E Council Reports

Council Report 16 February 2005 (236kB PDF)
Administrator's Minutes 6 July 2005 (26kB PDF)
Council Report 19 October 2005 (1.57mB PDF)
Council Report 16 November 2005 (1.58mB PDF)
Council Report 28 February 2006 (46kB PDF)

Draft DCP

Area E comprises an infill urban release area in the Banora Point/Terranora residential area and presents an opportunity to consolidate the urban footprint by providing housing opportunities for approximately 3,500 people.

Whilst possessing land suitable for urban purposes, Area E also contains extensive areas of environmentally significant vegetation and SEPP 14 wetlands and needs to respect the existing urban fabric, whilst ensuring the efficient use of land.

Council’s Planning Reform Unit has prepared a Draft Development Control Plan (Section B24 – Area E Urban Release Development Code) for Area E to enable development of the site to occur in a coordinated and orderly manner.

A Development Control Plan or DCP contains detailed guidelines that illustrate the controls that apply to a particular type of development or in a particular area.

A DCP refines or supplements a regional environmental plan or local environmental plan, for example, the LEP provides controls such as zoning and building height, the DCP supplements that information with more site specific and design orientated controls, such as setbacks to the street and side boundaries, colours and materials, landscaping requirements etc.

Landowners Consultation

As a key component of the project the Planning Reform Unit will be hosting a series of landowners working group meetings, enabling landowners to be consulted at key milestone intervals throughout the project. An indicative workshop structure is identified below, click on each meeting link to view presentation material for each meeting:

Area E Site Analysis

The following document has been prepared by Council’s Planning Reform Unit as more detailed analysis of the Area E Urban Release Area than that detailed within the landowners presentation and is designed to assist in setting policy direction and decisions for the draft DCP.

Site analysis coming soon.

Relevant Council Reports

Council Report 18 May 2010 (2.13mB PDF)
Council Resolution 18 May 2010 (20kB PDF)
Council Report 19 April 2011 (4.06mB PDF)
Council Resolution 19 April 2011 (18kB PDF)
Council Report 21 June 2011 (1.33mB PDF)
Council Resolution 21 June 2011 (16kB PDF)
Council Report and Resolution 19 July 2011 (2.09mB PDF)
Council Report and Resolution 13 December 2011 (1.4mB PDF)

Part 3A – ‘Altitude Aspire’ Application

The proponent Metricon QLD Pty Ltd initially lodged this Project Application (within the far eastern portion of Area E) with the NSW Department of Planning in November 2009. The application originally sought approval for a 321-lot community title subdivision comprising:

317 Residential lots,
One community association lot (Lot 711),
Public reserves (Lots 436 and 710),
One drainage reserve lot (Lot 630) and,
The provision of all usual urban infrastructure including reticulated water, sewer, stormwater, power and telephone
Bulk earthworks across the site
A temporary road access to Fraser Drive to service the first stages of the subdivision
A temporary site sales office on proposed Lot 1103

The application was lodged pursuant to Part 3A of the Environmental Planning and Assessment Act 1979 (the Act), and the Minister for Planning is the approval authority. A copy of the EA can be viewed online by going to the Department of Planning’s Major Projects website.

Since November 2009 the applicant has amended their application to address various issues raised by Council, State Agencies, and the NSW Department of Planning and the latest proposal now incorporates:

261 lots (255 residential lots),
One community association lot (Lot 713),
Public reserves (Lots 451 and 819),
One drainage reserve lot (Lot 610) and,
The provision of all usual urban infrastructure including reticulated water, sewer, stormwater, power and telephone. Note: Water is now accommodated via an onsite water tank within proposed Lot 501
Bulk earthworks across the site
A permanent road access to Fraser Drive to service the first stages of the subdivision.

Annexure H - Amended Architectural Plans (3.81mB PDF)

To accommodate this proposed subdivision the applicant is negotiating terms with Tweed Shire Council for a Voluntary Planning Agreement which covers expenses within Area E such as construction of the Broadwater Parkway, Structured Open Space, drainage, and environmental restoration. When the terms of the Voluntary Planning Agreement have been finalised this document will be publically exhibited as statutorily required.

Should other developers within Area E wish to proceed with development of their land it is anticipated that they would be subject to a similar Voluntary Planning Agreement until such time as an infrastructure regime is established which covers the cost of developing within Area E.

Council Report 18 May 2010 (2.13mB PDF)
Council Resolution 18 May 2010 (20kB PDF)
Letter from Tweed Shire Council to the NSW Department of Planning 26 May 2010 (23kB PDF)
Council Report 19 April 2011 (4.06mB PDF)
Council Resolution 19 April 2011 (18kB PDF)
Tweed Shire Council Letter 12 June 2013 (1.97mB PDF)
Tweed Shire Council Draft Possible Conditions of Consent 12 June 2013 (153kB PDF)
Tweed Shire Council Letter 17 October 2013 (155kB PDF)

Last Updated: 11 January 2018