Environment and control plans (LEP and DCP)

Local Environment Plans Development Control Plan Developer Contributions 

For Section 64 developer charges, head to water and wastewater.

Local Environmental Plans (LEPs)

The Tweed has 3 Local Environmental Plans:

  • Tweed City Centre LEP 2012 - applying to the Tweed Heads CBD area
  • Tweed LEP 2014
  • Tweed LEP 2000 - continues to apply to the rest of the Tweed (deferred form the LEP 2014).

Please see the LEP extents map(PDF, 1MB) to find out where each LEP applies.

Council regularly considers a number of Planning Proposals, which may result in amendment to the LEPs.

Tweed Local Environmental Plan 2014

The Tweed LEP 2014 was published on the NSW Legislation website and became effective on 4 April 2014.

The LEP 2014 is the primary planning tool for the majority of the Tweed Shire and is based on the requirements of the Standard Instrument (Local Environmental Plans) Order 2006. The LEP 2014 includes a number of mapping layers which need to be read in conjunction with the written instrument.

The Tweed LEP 2014 written instrument can be found on the NSW legislation website.

An FAQ sheet(PDF, 979KB) has been prepared to answer some of the frequent questions on the LEP 2014.

Based on the suggestion of a number of local consultants, Council has prepared a new Emerging LEP 2014 Interpretations web page which documents emerging interpretations of Tweed LEP 2014 clauses made by Council officers.

Tweed Local Environmental Plan 2000

The Tweed Local Environment Plan (TLEP) is the primary planning tool used to control and guide the future development of land for those parts of the shire which have been deferred from the LEP 2014.

The LEP sets out what development is permitted on land, whether Council approval is needed and/or whether any special requirements apply, in relation to proposed development.

At the beginning of each part of the TLEP are “Explanatory Notes” which summarise the contents of the following part. Note: they are for explanation purposes only and do not form part of the TLEP.

Tweed City Centre Local Environmental Plan 2012

Tweed Shire Council in collaboration with the Department of Planning’s City Centre Taskforce has prepared a new suite of planning documents for the Tweed City Centre area. The Tweed City Centre Plan is the first step in delivering this positive future for Tweed Heads, the progress of which will be monitored over time. The suite of plans includes the following:

The City Centre Vision

This document describes a vision for the regional city, provides information on the history and development context, and includes an action plan to facilitate the city’s growth. It sets a strategic framework for the city centre to grow into a prosperous, vibrant and attractive city.

Local Environmental Plan (LEP)

The LEP covers the area of Tweed City Centre North.

The LEP is the statutory planning framework that establishes zoning, heights, floor space ratios and the main provisions for development across the city centre. The Tweed City Centre LEP is based on the new Standard Instrument (LEPs) Order 2006 that now applies to all councils in NSW.

Development Control Plan (DCP) (Section B2 of the Tweed Development Control Plan 2008)

The DCP covers the area of Tweed City Centre North and South.

The DCP outlines the more detailed planning provisions for the built form such as pedestrian amenity, access and environmental management for future development in the city centre. It establishes controls for building setbacks, awnings, and separations between buildings in order to ensure amenity and good city form within the city centre.

The suite of Tweed City Centre Plans were considered and adopted at Council’s 13 December 2011 meeting. The Tweed City Centre LEP 2012 was ultimately made on 18 January 2013.

Copies of the Vision, LEP written instrument and associated mapping and Section B2 of the Tweed DCP 2008 can be viewed here:

Developer contributions (S7.11)

Development Contributions are payments made by developers to enable Council to provide public amenities and services required for new residents and businesses.

Section 7.11 (formerly Section 94) of the Environmental Planning and Assessment Act 1979 is the principal legislation enabling Councils to levy contributions for public amenities and services.

Section 7.11 Contributions are imposed by way of a condition of development consent or complying development, and can be satisfied by:

  1. Dedication of Land
  2. A monetary contribution
  3. A material public benefit; or
  4. A combination of some or all of the above

What the Act means for Developer Contributions

The Act also makes provision for Council to enter into voluntary planning agreements as the means through which these additional community facilities are provided. Under these agreements, Council enters into a legal contract with a developer to construct public facilities and infrastructure or provide public services as part of the conditions of development consent.

Council currently has 23 active contribution plans, approximately half of these apply to the whole shire, the rest are area-specific plans. The majority of plans levy contributions on residential and tourist development, while others, like the Road Contribution Plan (No 4) and Council Admin Facilities Plan (No 18), also levy contributions for commercial development.

It should be noted that although collected from developers at the same time as S7.11 Contributions, contributions for water and sewer infrastructure are not levied under S7.11 of the EPA Act and do not require a S7.11 Contribution Plan, however they need a Development Servicing Plan prepared in accordance with the Department of Water and Energy Best-Practice Management of Water Supply and Sewerage Guidelines 2007 which is levied via S64 of the Local Government Act.

Common questions about S7.11 plans

Where do S7.11 plans apply?

Council's S7.11 plans apply to specific areas of the Tweed. The area they apply to is specified within the plan.

Most development lots within the Tweed are covered by several plans. The amount of the contribution to be paid for a development depends on many factors including area, zoning and type of development.

Does S7.11 apply to me and my property?

If you are property developer, or a resident who is developing your property by subdividing it, or increasing the number of bedrooms or dwellings - yes it does, otherwise no. S7.11 contributions are required for new development that will increase the number of residents or usage of existing facilities, to provide funds for additional infrastructure such as parks, roads and community facilities that the new development need.

What is a S7.11 Plan?

S7.11 of the NSW Environmental Planning and Assessment Act enables Council to place a levy or 'developer contribution' on new development to ensure that Council's existing residents and ratepayers do not have to bear the financial burden of providing the additional necessary infrastructure such as parks, roads and community facilities that the new development generates. The Act spells out the process by which the plans must be written and adopted. The development contributions system in NSW has been under review for several years.

Deferred Payment Policy for Contributions

As part of a range of Council initiatives to support local business, at its meeting of 18 April 2013, Council endorsed a policy to allow the deferral of contribution payments for certain new developments to before the issuing of the Occupation Certificate, rather than the Construction Certificate.

The policy allows applicants with existing development consents to apply for a similar modification of contribution payment requirements.

Current Contribution Plans

All of Council’s current contribution plans are available to download below:

Your contributions at work

Council established a rolling program for the provision of public facilities and capital costs funded by developer contributions received under the Environmental Planning and Assessment Act 1979. The rolling program aims to deliver on priority works to get the maximum benefit from contributions collected.

The value of the works within the program are forward estimates only and will be reviewed on a quarterly basis to reflect changing demands, available funds, changing work priorities and external factors impacting upon program delivery.

Each year Council identifies a schedule of priority works for that financial year which is adopted in its annual Management Plan.

Indexation

It should also be noted that given the impacts of inflation upon Council’s operations, there is periodic indexing of the rates of Council’s Section 7.11 contributions. Council allows a 12 month period from the date of consent for development applications before it will apply an indexing of contributions. After the 12 months has elapsed on a development consent, a proponent will be subject to any indexing at the time that contributions are paid, which generally is due before the issue of a construction or subdivision certificate.