Background history of Lot 490
Lots 1 and 2 in DP 1117599, located on the south bank of Cudgen Creek at Kingscliff, were formerly known as Lot 490 in DP 47021. Lot 490 was Crown Reserve 1002202, its public purpose was for Tourist Facilities and Services notified on 6 November 1998 and the Tweed Coast Reserve Trust (through Tweed Shire Council) was appointed as administrator of the reserve by gazettal dated 23 April 1999.
The appointment of the Trust was the result of negotiations between Council and the Department of Land and Water Conservation (now Crown Lands) with regard to the creation of the Single Coast Reserve, R1001008. Council accepted the administration of the reserve on the basis that it be developed to finance the maintenance of R1001008.
In May 2004, the appointment of the Tweed Coast Reserve Trust was revoked by the State Government, and a new Lot 490 Reserve Trust was established and the State Government through the Crown Lands Division, became the Administrator of the Trust.
In early 2005 a draft Plan of Management was prepared by Crown Lands and Council resolved on 2 February 2005 to note the contents of the draft Plan which included the vision and management objectives of Council’s earlier DCP/Plan of Management, which was the development of a quality eco-tourist development on Lot 490. The Crown’s draft plan excluded the creek side of Lot 490 from the Management Area (now Lot 2).
In March 2006 Crown Lands called for tenders to identify a preferred developer for Lot 490 in line with the site’s potential for eco-tourism. Development rights were awarded to Leighton Properties in February 2008. Leighton Properties and Crown Lands entered into a Deed of Agreement to Lease, but the lease did not proceed and Leightons have withdrawn from the project.
In 2007, a plan for the creation of a road through the Crown Land parcel was registered, the road became an extension of Casuarina Way and replaced the southern access to the bridge at Cudgen Creek.
In 2010, Lot 490 was subdivided into 2 lots, the plan below shows the subdivision:
The aerial photo below shows the 2 parcels outlined in yellow:
In September 2013 Lot 1 was transferred to the control of the Government Property NSW by Order published on 6 September 2013, to enable the sale of the parcel by public competition. The proceeds of the sale were to be returned to the community, via Tweed Shire Council, for the maintenance/embellishment of the Crown Estate within the Tweed Shire.
Lot 2 remains in the Crown Estate and is reserved for public recreation, environmental protection and tourist facilities, Crown lands remains responsible for this site.
On 9 October 2013 Council was contacted by Crown Lands and advised that Aboriginal Land Claim 36519 was lodged over Lots 1 and 2 DP 1117599 on 13 June 2013.
Council acknowledges the right of the traditional owners to lodge the Land Claim and is mindful not to interfere or undermine this process whilst it is under consideration by the Minister.
The following details Council resolutions made since the vesting of Lot 1 to Government Property NSW and the lodgement of the Aboriginal Land Claim.
Planning Overview
Both parcels are undeveloped and are located either side of Casuarina Way, immediately south of Cudgen Creek at Kingscliff. Under the Tweed LEP 2000 the parcels were primarily zoned 2(f) Tourism, Lot 2 is partly zoned 7(a) Environmental Protection (Wetlands and Littoral Rainforest). The 7(a) zoning also includes two areas of SEPP 14 Wetlands. See the Tweed LEP 2000 map below:
A small portion at the south-easterly extremity of Lot 1 was zoned 7(f) Environmental Protection (Coastal Lands) and both parcels were identified as SP3 Tourist in the draft Tweed LEP 2012, with Lot 2 retaining an environmental zone as E2. See the draft Tweed LEP 2012 map below:
Following a resolution by Council in April 2014 (see below) to seek the rezoning of Lot 1 as E2 Environmental Zone, a planning proposal was prepared, and in September 2014, it was recommended that Council approve the inclusion of Lot 2 in the planning proposal. It was also resolved in September 2014 to refer the proposal to the Department of Planning and Environment for a formal response.
As the E2 Environmental Zones review for the Far North Coast has not yet been completed, the Department of Planning and Environment recommended that if Council wished to finalise the rezoning of the land prior to the completion of the review, then it was recommended that an appropriate alternate zone be applied.
At its meeting in February 2015 (see below) Council resolved to hold the planning proposal in abeyance until the Minister issued a Direction which provides direction for the implementation and use of 'environmental zones' under the Standard Instrument (Local Environmental Plans) Order 2006.
Council resolutions
23 January 2014:
It was resolved that Council:
- Signifies its preference for the preservation of the area identified as Lot 1 DP 1117599 (formerly known as Lot 490, Kingscliff) as a public open space and recreation reserve while preserving its ecological values for the community.
- Enquires with Government Property NSW as to the prospects of Tweed Shire Council acquiring the land for that purpose.
10 April 2014:
It was resolved that Council maintains its previous vision to preserve Lot 1 DP 1117599 (formerly known as Lot 490, Kingscliff) for public open space and recreation reserve while preserving its ecological values. Accordingly, Council seeks an amendment to the Tweed Local Environmental Plan to seek rezoning of Lot 1 DP 1117599 (former Lot 490, Kingscliff) as E2 Environmental Zone.
4 September 2014
It was resolved that:
- The Notice of Motion of 10 April 2014 be amended to include Lots 1 and 2 DP 1117599; and
- The planning proposal for rezoning Lots 1 and 2 DP 1117599 from SP3 Tourist to E2 Environmental Conservation be referred to the Department of Planning and Environment for a formal response.
5 February 2015
It was resolved that the Planning Proposal for Lots 1 and 2 DP 1117599 Kingscliff (formerly Lot 490) being PP14/0002 be held in abeyance until the Minister for Planning and Environment or their delegate issues a s117 Direction pursuant to the Environmental Planning and Assessment Act 1979, or by any other means, that provides direction for the implementation and use of 'environmental zones' under the Standard Instrument (Local Environmental Plans) Order 2006.