Land use and planning controls

This section outlines the Tweed land use planning framework and includes:

Policies and guidelines

Policies and guidelines sit alongside the LEP and DCP as part of Council’s assessment of new developments.

The guidelines are listed below, view Council's policies.

Dewatering in the Tweed Guideline

The quality of extracted groundwater is often poor and requires treatment to mitigate adverse environmental impacts making dewatering an integral component of construction in low-lying coastal precincts of the Tweed.

Relating specifically to temporary dewatering activities the guideline offers a framework for dewatering issues of environmental concern and potential solutions to ensure development activities do not cause undue impacts to the environment.

It provides environmental management guidance to developers and consultants for the preparation of dewatering management plans, outlining minimum standards and requirements for the planning, preparation, discharge, operation and management, monitoring and reporting stages.

Significant population growth in the region will lead to an increase in construction projects and associated dewatering in coming years.

Scenic Landscape Protection Policy

The purpose of this policy is to ensure that the Tweed’s unique scenic landscape qualities are recognised, and steps are taken to enable their identification and protection to assist landowners and developers in understanding the impacts, if any, of their development on the wider scenic landscape.

Preserving the integrity of Tweed's scenic landscapes will safeguard the area's defining characteristics and foster opportunities for health and well-being benefits enjoyed by residents and visitors alike.

The Scenic Landscape Protection Policy provides a framework to help assess the visual impact of development or land use within the landscape. It includes a set of mitigation measures that are to be considered when preparing a development application.

The policy is supported by interactive mapping which can be used when preparing a statement in the Statement of Environmental Effects (SEE) or preparing a standalone Visual Impact Assessment (VIA).

Scenic Landscape Protection Policy Mapping

The Scenic Landscape Protection Policy is supported by a spatial analysis of Tweed visual landscapes.

The mapping comprises of 4 components:

1. Landscape character units: Distinct, recognisable, and consistent patterns of physical elements that define a particular place. They are areas that are consistent in visual character and are a combination of topographic, land cover and land uses.
2. Viewing situations: These are places from which views are experienced and enjoyed. These areas were identified through community consultation as having high scenic value, quality, or preference.
3. Viewsheds: Viewsheds are the entire area that is visible from a particular viewing situation. It is a combination of all the available sight lines in which an observer has an unobstructed view.
4. Visibility mapping: Identifies the areas in the Shire that are visible from multiple viewing situations. The mapping layer categorises the visibility of land from different viewsheds into four categories:
a. 1–2 viewsheds
b. 3–5 viewsheds
c. 6–9 viewsheds
d. 10 or more viewsheds.

View the Scenic Landscape Protection Policy mapping tool

Planning Agreements Register

Planning agreements outline commitments made in association with development and are regulated by the Environmental Planning and Assessment Act Section 7.4.

The current Planning Agreements are listed below:

1 Ozone Street Planning Agreement

This Planning Agreement relates to land described as Lot 1 DP1127741 and Lot 2 DP1010771, known as 1 Ozone Street, Chinderah and development consent DA10/0737 which granted consent for alterations to existing highway service centre comprising of two (2) diesel refuelling points, expansion of truck refuelling canopy, new truck parking area (30 new bays), and the replacement of existing truck parking area with additional car parking spaces and dedicated bus drop-off area.

The objective of the Planning Agreement is:

  • to facilitate the conservation and enhancement of the natural environment
  • specifically to allow for the provision of a monetary contribution to Council in the amount of $262,500 (including GST) (Monetary Contribution) towards regeneration and ongoing maintenance of an area of 5.25 ha at Cudgen Nature Reserve

The Monetary Contribution provided pursuant to the planning agreement will be provided in addition to the Developer undertaking management actions in relation to the ecological aspects of the Development in accordance with the conditions of Development Consent.

1 Ozone Street Planning Agreement(PDF, 1MB)

Altitude Aspire Planning Agreement

This Planning Agreement relates to the State Government approved subdivision in Area E Terranora, known as "Altitude Aspire". The requirement for the Planning Agreement satisfies Council's resolution from December 2011 in consideration of the draft Development Control Plan B24 - Area E Urban Release Development Code (DCP-B24).

The objective of the Planning Agreement is to provide a mechanism by which monetary contributions and the dedication of land may be made by the developer towards the provision of public amenities, services and infrastructure, including:

  • the construction of Broadwater Parkway and Mahers Lane;
  • flood mitigation works;
  • protection and restoration of environmental land;
  • the provision of structured public open space;
  • the dedication of land for the future route of the Broadwater Parkway;
  • the dedication of land for a public reserve buffering environmental land.

Altitude Aspire Planning Agreement(PDF, 2MB)

Seaside City Planning Agreement

Seaside City is located along the Tweed Coast approximately three kilometres south of Kingscliff and between the developments of SALT and Casuarina Beach. Seaside City comprises a 32 hectare parcel of land. Seaside City was approved for subdivision in the 1920s and comprises 205 titled lots.

Seaside City Planning Agreement(PDF, 989KB)

Pottsville Employment Lands Planning Agreement

Pottsville Employment Land comprises approximately 13 hectares of land which is located on Kudgeree Avenue Cudgera Creek approximately three kilometres west of Pottsville. The site also adjoins the Pacific Highway to the west and the Pottsville Mooball Road to the east.

The objectives of the Planning Agreement are:

  • Dedicate land to council for environmental purposes;
  • Dedicate land for the widening of Kudgeree avenue adjoining the property by five metres, and
  • Limit the volume of waste water discharged from the site into Council’s reticulated sewer system to not more than five litres per second.

Pottsville Employment Lands Planning Agreement(PDF, 1MB)

Mooball Village Planning Agreement

This Planning Agreement relates to the Mooball Village Expansion Area made as Amendment 3 to the Tweed Local Environmental Plan (LEP) 2014.

The objectives are found in the Explanatory Note in the appendix to the Planning Agreement and are to:

Ensure that adequate water and waste water infrastructure is provided to the development on the land and to ensure that impacts on neighbouring properties and the environment are managed

Mooball Village Planning Agreement(PDF, 2MB)

River Retreat Caravan Park Planning Agreement

This Planning Agreement relates to the addition of camping ground as an additional permitted use on the River Retreat Caravan Park site in Tweed Heads South, made as Amendment 18 to the Tweed Local Environmental Plan (LEP) 2014.

The objectives of the Planning Agreement are to provide a mechanism by which:

  • Suitable monetary contributions may be made by the developer towards the provision of community infrastructure to meet the needs of residents within the locality;
  • The Developer must prepare a flood evacuation plan for the land to ensure the safety of occupants in the event of flooding;
  • The type of camping ground development which can be accommodated on the land is restricted to a maximum of 10 sites for use by recreational camper vans and Camper Trailers only, for a maximum of 60 days by any one person.

River Retreat Caravan Park Planning Agreement(PDF, 2MB)

74-76 Pearl Street Planning Agreement

This planning agreements relates to 74-76 Pearl Street Kingscliff and development consent DA17/0231. DA17/0231 was granted consent for residential flat building, swimming pool, demolition of existing dwelling and tree removal).

The objectives of the Planning Agreement are to:

  • provide a mechanism by which monetary contributions can be made towards offsets required for compensatory plantings; and
  • use the monetary contributions for the public purpose of improving littoral rainforest within the Tweed Shire

74-76 Pearl Street Planning Agreement(PDF, 1MB)

77 Mahers Lane Terranora Planning Agreement

This Voluntary Planning Agreement (VPA) applies to Lot 2 DP 706332 being the land known as 77 Mahers Lane Terranora. The VPA relates to a Development Application (DA) for two lot subdivision.

The purpose of the VPA is to secure the payment of monetary contributions towards the provision of infrastructure required for the development of the Land and the surrounding area.

77 Mahers Lane Terranora Planning Agreement(PDF, 989KB)

3-6 Trutes Terrace Terranora Planning Agreement

This Voluntary Planning Agreement (VPA) applies to Lot 63 DP 804148 being the land known as 3-6 Trutes Terrace, Terranora NSW 2486. The VPA relates to the subdivision of the Land into two lots and erection of a dwelling on proposed Lot 2.

The purpose of the VPA is to secure the payment of monetary contributions towards the provision of infrastructure required for the development of the Land and the surrounding area and commits the landowner to connecting to town sewer when it becomes available in the area.

3-6 Trutes Terrace Terranora Planning Agreement(PDF, 1MB)

Scenic Drive (1 Walmsleys Road), Bilambil Heights Planning Agreement

This Planning Agreement relates to the land described as Lot 1 DP 1032820, Scenic Drive (1 Walmsleys Road), Bilambil Heights. This Planning Agreement applies to Planning Proposal PP20/0003 to enable future residential development and the consolidation, protection and enhancement of native vegetation.

This Planning Agreement under Section 7.4 of the Environmental Planning and Assessment Act 1979 (EPA Act) is a voluntary agreement under which the Developer undertakes to perform certain obligations in relation to environmental land for various public purposes.

The effect of the Planning Agreement is:

  • Prohibits the Developer from lodging a Development Application to:
    • carry out Development on Environmental Land, other than under the Habitat Restoration Plan; or
    • subdivide the Land unless the effect of the subdivision is that the Environmental Land is all in one lot which also contains R1 zoned land which meets the minimum lot size development standard for land in that zone
  • prevents the Developer from objecting to the rezoning of the Environmental Land to C2 Environmental Conservation and C3 Environmental Management
  • requires the Developer to carry out works under a Habitat Restoration Plan approved by Council on the Environmental Land
  • does not exclude EPA Act ss. 7.11, 7.12, or 7.24
  • will be registered on the title to the Land
  • provides for financial security
  • imposes restrictions on dealing with the Land on the Developer.

Scenic Drive (1 Walmsleys Road) Bilambil Heights Planning Agreement(PDF, 8MB)