Draft Tweed LEP 2014 - Amendment Number 10

PLANNING PROPOSAL Version 1 - GATEWAY

Lots 1 & 2 DP 1117599, Casuarina Way Kingscliff

(Formerly known as Lot 490)

August 2014

Council File PP14/0002

THIS PAGE IS BLANK

P a g e | 3

Introduction ..................................................................................................................................... 4

Purpose ......................................................................................................................................... 4

Council resolutions ........................................................................................................................ 4

Part 1 Objectives and intended outcomes ............................................................................... 4

Objective ....................................................................................................................................... 4

Intended outcome .......................................................................................................................... 4

Site context and setting ................................................................................................................. 4

Planning controls – Present zoning ............................................................................................... 7

Planning controls – Draft Tweed LEP 2010 zoning as exhibited .................................................... 7

Planning controls – Tweed LEP 2000 Proposed amendment ......... Error! Bookmark not defined. Planning controls – Draft LEP 2012 proposed zoning ..................... Error! Bookmark not defined. Background ................................................................................................................................... 7

Part 2 Explanation of provisions ............................................................................................. 11

Part 3 Justification ................................................................................................................... 11

Section A Need for the planning proposal................................................................................ 11

Section B Relationship to strategic planning framework .......................................................... 12

Section C Environmental, social and economic impact ............................................................ 20

Section D State and Commonwealth interests .......................................................................... 22

Part 4 Community consultation............................................................................................... 22

Summary and conclusions ........................................................................................................... 22

ATTACHMENTS ............................................................................................................................. 22

P a g e | 4

Introduction

Purpose This proposal has been prepared in response to Council’s resolution to seek an amendment to the Tweed Local Environmental Plan 2014 (the LEP) for the rezoning of Lots 1 and 2 DP 1117599 Casuarina Way Kingscliff (Commonly known as Lot 490) from SP3 Tourist, and Deferred Matter, to E2 Environmental Conservation.

Council resolutions The site has been reported to Council twice in 2014 as the following resolutions detail: 23 January 2014 Council resolved:

That Council: 1. Signifies its preference for the preservation of the area identified as Lot 1 DP1117599

(formerly known as Lot 490, Kingscliff) as a public open space and recreation reserve while preserving its ecological values for the community.

2. Enquires with Government Property NSW as to the prospects of Tweed Shire Council acquiring the land for that purpose.

10 April 2014 Council 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.

Part 1 Objectives and intended outcomes

Objective To facilitate the resolution of Council to rezone Lots 1 and 2 DP 1117599 Casuarina Way Kingscliff to ensure preservation of its ecological values and facilitate Council’s vision for use of the site for public open space and recreation reserve purposes.

Intended outcome The zone reclassification of Lots 1 and 2 DP 1117599 Casuarina Way Kingscliff from SP3 Tourist, and Deferred Matter, to E2 Environmental Conservation under the Tweed Local Environmental Plan 2014.

Site context and setting The land is described as Lots 1 and 2 DP 1117599 (formerly known as Lot 490), and is located between the residential areas of Kingscliff in the north and Salt in the south as illustrated in Figure 1. Lot 1 is bounded by Casuarina Way to the east and Cudgen Creek to the west. Lot 2 is adjoining and to the east of Casuarina Way and adjoins the rear of the coastal dune system on its eastern boundary. Lot 1 is approximately 11.67 hectares, and Lot 2 is approximately 11 hectares in size. Both lots are part of Crown land reserve R1002202 identified for tourist facilities and services. The land is undeveloped and sparsely to densely vegetated. Casuarina Way bisects the site, and numerous informal tracks are located throughout (Figure 2). The site constitutes the only significant area of publicly-owned undeveloped land between Kingscliff and coastal development to the south.

P a g e | 5

Figure 1 – Site Locality Plan

P a g e | 6

Figure 2 - Aerial View of the Site

P a g e | 7

Planning controls – Present zoning Lot 1 and the majority of Lot 2 are currently zoned SP3 Tourist under Tweed LEP 2014. A narrow strip of the north eastern boundary of Lot 2 is mapped as "Deferred Matter". Some small areas on the northern boundary of Lot 2 are zoned 7(a) Environmental Protection (Wetlands and Littoral Rainforests). The south eastern corner of Lot 1 is also Deferred Matter under Tweed LEP 2014, and is zoned 7(f) Environmental Protection (Coastal Lands) under Tweed LEP 2000 (Figures 3a and 3b).

Surrounding areas

Land adjacent the northern boundary of Lot 2 on the Cudgen Creek foreshore is zoned 7(a) Environmental Protection (Wetlands and Littoral Rainforests) under Tweed LEP 2000 (Deferred Matter under Tweed LEP 2014).

Land adjacent to Lot 1 on the eastern boundary is zoned 7(f) Environmental Protection (Coastal Lands) under Tweed LEP 2000 (Deferred Matter under Tweed LEP 2014). Adjoining lands to the south (the Salt development) are zoned R2 Low Density residential and RE1 Public Recreation.

Planning controls – Draft Tweed LEP 2012 zoning as exhibited Under Draft Tweed LEP 2012 Lot 1 and the majority of Lot 2 were proposed to be zoned SP3 Tourist. The northern portion of Lot 2 was proposed to be zoned E2 Environmental Conservation.

Background Historically, much of the site has been subject to sand mining, with post-mining rehabilitation undertaken using a mix of native and introduced plant species. Remnant significant vegetation communities and fauna habitat are present on the site, with the remainder in the early to mid stages of regeneration. In 2005, a Draft Plan of Management was prepared for the site by the then Department of Lands and Department of State and Regional Development which foreshadowed the use of a portion of the site for ecotourism development, to include conservation and rehabilitation of the ecology of the site. In 2010, a Project Application for a tourist resort and community facilities was received which was exhibited under Part 3A of the Environmental Planning and Assessment Act 1979, and subsequently delegated to the Planning Assessment Commission in 2011. The final Preferred Project Report was lodged in 2011. In June 2012, a Director General's Environmental Assessment Report was prepared and recommended numerous design changes in response to concerns from the community and public authorities in relation to biodiversity impacts, visual amenity and density. The project was approved by the Planning Assessment Commission (PAC) on 20 August 2012 subject to a number of modifications and conditions.

P a g e | 8

P a g e | 9

P a g e | 10

Figure 6 - Tweed LEP 2014 Proposed Zoning Amendment

P a g e | 11

Part 2 Explanation of provisions The outcomes proposed in this planning proposal will be achieved through an amendment of the Tweed Local Environmental Plan 2014 Land Zoning Map in accordance with the proposed zoning map shown in Figure 4.

A zoning of E2 Environmental Conservation is proposed for the whole site, based on the zone objectives and permitted uses as exhibited in the Draft Tweed LEP 2012, which best reflect the intent and expectations of Council to protect the land's ecological and social values. The proposed zoning is consistent with direction provided in NSW Planning and Environment's Environmental zones (Ezone) review which emphasises the application of zoning according to the envisaged future use of land. As exhibited in the Draft Tweed LEP 2012, a zoning of E2 Environmental Conservation is considered appropriate for the site and its intended mix of landuses. The objectives of the E2 Environmental Conservation zone are based on protection and restoration of areas of high ecological, scientific, cultural or aesthetic value and areas set aside for those purposes, whilst allowing with consent a range of recreational and associated uses including Community facilities, Environmental facilities, Information and education facilities, Recreation area, Research stations and Roads are permitted. As described below, a zoning of E2 Environmental Conservation is justified on numerous local and regional strategic grounds relating not only to environment protection but also the social and landscape values of both land parcels. Application of the proposed zoning to the site, whilst incorporating appropriate flexibility, reflects the expectation that any future proposal for recreational use of the site is consistent with the objectives of the zone and does not detract from its identified values. Given that the Ezone are currently subject to review by the Department of Planning and Environment, there is a possibility that the zone descriptions and their permissible uses will change. Should the Ezone review result in a reduction of the permissible with consent uses within the E2 Environmental Conservation zones, then its applicability may require review to facilitate the vision as projected in Council’s resolutions. Therefore, the recommendations in this planning proposal are based on the landuses proposed for the E2 Environmental Conservation zone as was exhibited in Draft Tweed LEP 2012. Part 3 Justification This planning proposal is the result of two resolutions by Council made in response to the envisaged use of the site. A change in landuse zoning from SP3 Tourism to E2 Environmental Conservation is consistent with the intent of Council’s resolution, and the desire for a balance between environmental protection and community access.

Section A Need for the Planning Proposal

Is the planning proposal a result of any strategic study or report? A substantial body of investigative work has been undertaken on the site and surrounds including: Ecological Assessment (JWA 2010); Riparian Management Plan (Aspect North 2005); Cudgen Creek Recreation and Public Access Plan (Geolink 2008); Riparian Management Plan (JWA 2010); Dune Management Plan Lot 500 and Part Lot 489 (JWA 2010), and Lot 490 Plan of Management (Department of Lands 2005).

These reports identify and document the significant ecological values present on the land as well as the need to enable and formalise suitable public access and use of the site.

P a g e | 12

Council report of 10 April 2014 identified both the ecological and social significance of the land, stating in part that:

“The purpose of this amendment will be to protect ecological significance of the land as identified under the Tweed Vegetation Management Strategy and to retain the land for low impact recreation activity, consistent with the Notice of Motion of 23 January 2014...”

On 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”

The planning proposal thus reflects Council and community expectations for the appropriate future use and management of the site. Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way? Rezoning is considered to be the most appropriate means of achieving the intent of the Council resolution.

Is there a net community benefit? While the list of ‘Permitted with consent’ uses under the current SP3 Tourist zoning provides for a substantial range of potential landuses in comparison with the proposed E2 Environmental Conservation, Council has resolved that an alternative landuse is in the best interest of the community and therefore that the use of the E2 Environmental Conservation zoning best reflects the desired future use of the site.

Section B Relationship to strategic planning framework

Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy (including the Sydney Metropolitan Strategy and exhibited draft strategies)? Far North Coast Regional Strategy 2006-2031

The Far North Coast Regional Strategy identifies one of its key regional challenges as:

"Improve protection and enhancement of environmental assets (including wetlands, littoral rainforest, koala habitat, and estuaries), biodiversity and landscape values."

An aim of the Strategy includes:

"Identify and protect important environmental assets, landscape and cultural values and natural resources."

The Strategy also recognises the potential adverse impact on coastal environments from future population growth, and identifies both the protection of the values and functions of riparian corridors and coastal wetlands and rehabilitating degraded areas as outcomes for the coastal area to which the Strategy applies. Zoning the site E2 Environmental Conservation is consistent with the key challenges and aims of the Strategy; identifying and protecting the site's ecological assets while also providing for a limited range of public uses compatible with its sensitivity. The proposed zonings will directly contribute to achieving the Strategy's actions, in particular:

P a g e | 13

• Local environmental plans will protect and zone land with State or regional environmental, agricultural, vegetation, habitat, waterway, wetland or coastline values, and

• Local environmental plans will identify and zone land of landscape value (including scenic and cultural landscapes) to protect those values.

Assessment against the Far North Coast Regional Strategy 2006 is provided in Table 1 below.

Table 1 - Assessment against the Far North Coast Regional Strategy 2006 (only relevant outcomes and actions extracted)

Outcome / Action Response The Strategy recognises the importance of the Region’s natural environment and natural resources to its economy and character, as well as to its scenic and cultural values. The Strategy will ensure local environmental plans protect these areas from future urban and rural residential development.

The proposal seeks to protect and enhance the environmental qualities of a key coastal site, yet provide limited opportunities for public open space and recreational purposes.

The Strategy supports the maintenance and enhancement of the Region’s biodiversity.

Development of this land is consistent with the assessed ecological values of the site and desire for limited use for public open space and recreational purposes.

Where development, including new land release, may impact on biodiversity, it will be designed to minimise impacts or provide offsets by protecting and enhancing the long term viability of priority vegetation and habitat corridors, as well as rehabilitating degraded priority areas. Infill redevelopment will be encouraged and controlled to ensure additional pressure on the environment is minimised.

The development of this land will support and protect the long term viability of priority vegetation and local habitat corridor, as well as rehabilitating degraded areas.

The values and functions of riparian (river) corridors, coastal wetlands, lakes, estuaries and fishery habitats will also be protected.

The proposal is consistent with this planning outcome.

Local environmental plans will identify and zone land of landscape value (including scenic and cultural landscapes) to protect those values.

The proposal is consistent with this planning outcome.

Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other local strategic plan? Tweed Community Strategic Plan 2013/2023 The Tweed Community Strategic Plan 2013/2023 (CSP) creates a framework to implement Council’s four-year Delivery Program and annual Operational Plan, which align the community’s aspirations with the development and implementation of necessary planning and resourcing required to achieve the long term vision and deliver the outcomes. Under the theme of Civic Leadership, a key objective of the CSP is:

Objective 1.2: Improve decision making by engaging stakeholders and taking into account community input.

The resolution of Council and this proposal have resulted from a weighing of the economic factors against the value to the community and benefit to future generations of the retention of this area for environmental conservation and limited public open space and recreation purposes. Under the theme of Caring for the Environment, the CSP recognises that pressure on the coastal environment is likely to continue, given planned expansion of urban areas along the coastal zone.

P a g e | 14

The CSP commits to meeting this challenge through the following objectives:

• Protect the environment and natural beauty of the Tweed. • Conserve native flora and fauna and their habitats. • Manage the Tweed coastline to ensure a balance between utilisation and conservation.

This proposal is consistent with and contributes directly to achieving the above objectives of the Tweed Community Strategic Plan. Delivery Program 2011/2015 The four-year delivery program that supports the CSP further expands on actions that Council has committed to. Relevant actions/activities from the delivery program are:

• Encourage the protection of wildlife corridors through the planning process. • Appropriate planning measures for flora and fauna (to conserve native flora and fauna and

their habitats). The site represents part of what is now a very narrow coastal corridor extending south of Cudgen Creek, which provides important habitat and dispersal opportunities for coastal flora and fauna species. This proposal contributes to the above actions/activities through recognition, and protection of these values through appropriate application of planning controls. Tweed Vegetation Management Strategy 2004 The Tweed Vegetation Management Strategy 2004 (TVMS) recognises the requirement to strengthen the environmental provisions in areas of high development pressure, particularly along the Tweed Coast and proposes Environmental Zoning for areas which are:

• subject to high development pressure; • with significant ecological values in public ownership; and • with significant ecological values that are supported by detailed mapping.

The subject site and surrounding area meets all of the above criteria, with the dunal area immediately to the east of the site is currently zoned accordingly. Mapping for the TVMS identifies the site's Ecological Status as Very High, and Medium as seen in Figure 5a. One of the key issues identified by the TVMS is that a significant proportion of areas, particularly along the coast, with high Ecological Status having little regulatory protection and are currently subject to intense development pressure. The TVMS recommends increasing environmental protection zones in such areas, and to focus land use provisions within such zones on wildlife conservation and the maintenance of ecosystem processes and scenic value. The site's susceptibility to degradation is identified by the TVMS Ecological Sensitivity ranking of High and Moderate (Figure 5b), reflecting the site's relatively small and isolated nature and the inherent sensitivity of coastal and riparian vegetation. The TVMS recognises that these areas will require a level of ongoing input into restoration and management in order to maintain or improve the site's ecological values. Accordingly, the TVMS recognises the site as a priority area for rehabilitation and management. The inclusion of the land in the E2 Environmental Conservation zone is expected to facilitate necessary protection and restoration and thus is consistent with this strategy.

P a g e | 15

Is the planning proposal consistent with the applicable State Environmental Planning Policies (SEPPs)? SEPP 14 Coastal Wetlands Two areas of SEPP 14 wetland (43c and 43d) are mapped at the northern boundary of Lot 2. The Ecological Assessment undertaken by JWA in 2010 remapped the boundaries of these wetlands to better define the SEPP mapping (refer to Figure 6). The aim of SEPP 14 is:

“to ensure that the coastal wetlands are preserved and protected in the environmental and economic interests of the state.”

Inclusion of SEPP 14 areas in the E2 Environmental Conservation zone is consistent with the SEPP's primary aim and consistent with the Criteria for application of the zone as recommended by Planning and Environment. SEPP 26 Littoral Rainforests While the site does not contain any mapped SEPP 26 Littoral Rainforest, an area of Littoral Rainforest identified as Community 2 - Mid-high closed forest (Mixed species) occurs within and adjacent to the north eastern boundary of Lot 2, as mapped by JWA (2010) and seen in Figure 6 below. The aim of SEPP 26 is: “to provide a mechanism for the consideration of applications for development that is likely to damage or destroy littoral rainforest areas with a view to the preservation of those areas in their natural state”. Inclusion of areas of Littoral Rainforest in the E2 Environmental Conservation zone is consistent with the aim of SEPP 26 and the criteria for application of the E2 zone as recommended by Planning and Environment. SEPP 71 Coastal Protection The land is located within the area to which SEPP 71 Coastal Protection applies. The majority of Lot 2 is mapped as "Sensitive Coastal Location" for the purposes of SEPP 71. Zoning the land to E2 Environmental Conservation will facilitate appropriate use and management of the site for public access, amenity value and improvement in the condition of coastal vegetation, consistent with the following aims of SEPP 71 Coastal Protection:

• to protect and improve existing public access to and along coastal foreshores to the extent that this is compatible with the natural attributes of the coastal foreshore;

• to ensure that the visual amenity of the coast is protected, and • to protect and preserve native coastal vegetation.

P a g e | 16

P a g e | 17

P a g e | 18

Figure 6: Vegetation community mapping showing revised SEPP 14 Coastal Wetland boundaries outlined in blue. Community 2 (green with horizontal hatching) represents Littoral Rainforest Ecologically Endangered community. Source: JWA March 2010

P a g e | 19

Is the planning proposal consistent with applicable Ministerial Directions (s117 Directions)? Consistency with the relevant section 117 Ministerial Directions is assessed in Table 3 below:

Table 3: Consistency with section 117(2) Ministerial Directions (A summary of key provisions only has been provided)

Application Relevance to this planning proposal

2. Environment and Heritage

2.1 Environment Protection Zones

This direction applies when a relevant planning authority prepares a planning proposal. A planning proposal must include provisions that facilitate the protection and conservation of environmentally sensitive areas. A planning proposal that applies to land within an environment protection zone or land otherwise identified for environment protection purposes in a LEP must not reduce the environmental protection standards that apply to the land (including by modifying development standards that apply to the land).

This planning proposal recognises and applies protection to lands containing environmentally sensitive areas, consistent with the objective of this direction. This proposal does not seek to reduce environmental protection for those areas of the land currently zoned Environment Protection.

2.2 Coastal Protection

P a g e | 20

This direction applies when a relevant planning authority prepares a planning proposal that applies to land in the coastal zone. A planning proposal must include provisions that give effect to and are consistent with:

(a) the NSW Coastal Policy: A Sustainable Future for the New South Wales Coast 1997, (b) the Coastal Design Guidelines 2003, and (c) the manual relating to the management of the coastline for the purposes of section 733 of the Local Government Act 1993 (the NSW Coastline Management Manual 1990).

(a) By reserving this land for public purpose and restoration, this planning proposal is consistent with and will facilitate the following guiding principles of the NSW Coastal Policy 1997:

• Protecting, rehabilitating and improving the natural environment of the coastal zone.

• Protecting and enhancing the aesthetic qualities of the coastal zone.

• Providing for ecologically sustainable development and use of resources.

• Providing for appropriate public access and use. (b) The Coastal Design Guidelines 2003 aim to address the issue of poor development planning along the coast through planning to: • Avoid continuous strip-type urban development along

the coast • Protect publicly and privately owned non-urban lands

along the coast that have high scenic or ecological values.

The site constitutes the only significant area of publicly-owned, undeveloped land between Kingscliff and coastal strip development extending for more than 5km of coastal to the south. This planning proposal will facilitate protection of the amenity and ecological values of the site in this locality that has already been impacted by planning that is generally inconsistent with these guidelines. (c) The NSW Coastline Management Manual 1990 is primarily concerned with managing hazards to coastal development from coastal processes, thus is not directly applicable to this proposal which will not provide for intensive development of the site.

5. Regional Planning

5.1 Implementation of Regional Strategies This direction applies when a relevant planning authority prepares a planning proposal relating to land to which the Far North Coast Regional Strategy applies.

See above for details of consistency with the Far North Coast Regional Strategy.

Section C Environmental, social and economic impact Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats will be adversely affected as a result of the proposal? The Ecological Assessment completed by JWA in 2010 identified 14 separate vegetation communities on the site. Vegetation communities are mapped in detail and can be viewed in Figure 6. Three of the vegetation communities on the site are Endangered Ecological Communities (EECs) listed under the Threatened Species Conservation Act 1995, namely:

• Littoral Rainforest - Located in the north-eastern portion of Lot 2. • Swamp Oak Floodplain Forest - Patches of Swamp Oak Floodplain Forest occur in the

southern portion of Lot 2. One isolated patch occurs on the north-western edge of Lot 1. • Coastal Saltmarsh - Occurs at the northern boundary of Lot 2 adjacent Cudgen Creek.

Additionally, Littoral Rainforest is listed as Critically Endangered and Coastal Saltmarsh is listed as Vulnerable for the purposes of the Environment Protection and Biodiversity Conservation Act 1999.

P a g e | 21

The site and surrounding lands support suitable habitat for numerous threatened fauna species. Of particular importance are individual trees and clumps of mature Coast Banksia Banksia integrifolia and Tuckeroo Cupaniopsis anacardioides present across Lots 1 and 2, and Coastal She-Oak Casuarina equisetifolia on the adjoining land to the east, which provide important foraging and roosting habitat. Threatened fauna recorded on the site and surrounds include:

• Collared Kingfisher Todiramphus chloris • Eastern Blossom Bat Syconycteris australis • Black Flying Fox Pteropus alecto • Grey-headed Flying Fox Pteropus poliocephalus • Little Bent-wing Bat Miniopterus australis • Mangrove Honeyeater Lichenostomus fasciogularis • Osprey Pandion haliaetus • Pied Oystercatcher Haematopus longirostris • Sooty Oystercatcher Haematopus fuliginosus • Glossy Black-Cockatoo Calyptorhynchus lathami

Two threatened flora species occur on the site:

• Stinking Cryptocarya Cryptocarya foetida - in the north-eastern portion of Lot 2; and • Pink Nodding Orchid Geodorum densiflorum - in the eastern portion of Lot 1.

Habitat for threatened species is one of the criteria recommended for the allocation of E2 Environmental Conservation zoning by Planning and Environment. Whilst Council does not support the blanket use of this criterion for the zoning of land, the application of the E2 zone is considered appropriate where there are known records of threatened species within suitable habitat. Given the above records, this proposal is consistent with these principles. Over-cleared communities Five of the vegetation communities identified by JWA (2010) are Over-cleared Vegetation Communities as defined by the Far North Coast Regional Conservation Plan (DECCW 2010). Additionally, the land is situated on the Byron-Tweed Coastal Barriers, which is an Over-cleared Mitchell Landscape (DECCW 2010). Each of these characters is also a criterion for assigning the E2 zoning as identified by Planning and Environment. Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed? The planning proposal will facilitate appropriate public use of the site whilst also clearly identifying the site as a focus for environmental management and restoration efforts. A management plan has been prepared for Lot 2 (JWA 2010); an update and/or expansion of this plan will be required to guide management and ongoing maintenance works across the site. Consequently, it is expected that active management of the site on an ongoing basis will result in an improvement of the condition of the site and its ecological values over time. Any subsequent application for development of the site associated with envisaged future recreational uses will be required to consider any potential environmental effects in accordance with existing application and assessment processes. As such any approval will require appropriate consideration of potential adverse environmental impacts on the site, adjoining land and water bodies, and a commitment to avoid or mitigate any detrimental environmental impacts and facilitate ongoing management of the site. Responsibility for ongoing management will be dependent on the ultimate ownership of the site.

P a g e | 22

How has the planning proposal adequately addressed any social and economic effects? As the attached Council report of 10 April 2014 shows, in resolving to proceed with zoning of the site for environmental purposes, consideration was given to the option of potential financial benefits of an eco friendly low impact holiday park, in comparison with the costs associated with the establishment of open space revegetation reserves, noting that the economic factors need to be weighed against the community value of the retention of green space being preserved for community benefit for future generations. Council subsequently resolved to retain the land for low impact recreation activity and that the sitre be zoned E2 Environmental Conservation. Section D State and Commonwealth interests Is there adequate public infrastructure for the planning proposal? Roads

The site is dissected by Casuarina Way, the primary coastal link road in the locality. Water and Waste water

Connection to Council’s reticulated water and waste water treatment systems should be possible and is not considered a constraint to development of the site. What are the views of State and Commonwealth public authorities consulted prior to the gateway determination? Consultation with NSW Department of Trade and Investment, Regional Infrastructure and Services has revealed that the site has been transferred to Government Property NSW, and that on 13 June 2013 an Aboriginal Land Claim (ALC 36519) was lodged by the New South Wales Aboriginal Land Council on behalf of the Tweed Byron Local Aboriginal Land Council over the site. The claim has not yet been determined. Until the claim has been determined, Government Property NSW is unable to undertake further consideration of matters relating to the site. Part 4 Community consultation In accordance with “A guide to preparing local environmental plans” the planning proposal is considered to be a Low Impact proposal requiring an exhibition period of 14 days. Summary and conclusions This proposal has been prepared in response to Council’s resolution of 10 April 2014 to amendment the Tweed Local Environmental Plan 2014 for the rezoning of Lots 1 and 2 DP 1117599 Casuarina Way Kingscliff (Commonly known as lot 490) from SP3 Tourist, and Deferred Matter, to E2 Environmental Conservation.

While an Aboriginal Land Claim is current over the site, this will not impede progress of the rezoning and appropriate notifications and consultation during the public exhibition period.

ATTACHMENTS 1. Council Report 4 September 2014 2. Council Report 10 April 2014 3. Council Report 23 January 2014

P a g e | 23

Attachment 1:

Council Report

4 September 2014

TO BE INSERTED FOLLOWIN CONSIDERATION OR THE COUNCIL REPORT TO WHICH THIS PLANNING PROPOSAL IS ATTACHED WITHIN THE BUSINESS PAPER.

P a g e | 24

P a g e | 25

Attachment 2:

Council Report

10 April 2014

P a g e | 26

TWEED SHIRE COUNCIL

MEETING TASK SHEET User Instructions If necessary to view the original Report, double-click on the ‘Agenda Report’ blue hyperlink above.

Action Item - COUNCIL MEETING Thursday, 10 April 2014

Action is required for Item 35 as per the Council Resolution outlined below.

TITLE: [NOM] Lot 1 DP1117599 (formerly Lot 490) Kingscliff

NOTICE OF MOTION:

Cr B Longland Cr M Armstrong

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.

The Motion was Carried

FOR VOTE - Cr M Armstrong, Cr K Milne, Cr G Bagnall, Cr B Longland AGAINST VOTE - Cr P Youngblutt, Cr W Polglase, Cr C Byrne

TITLE: [NOM] Lot 1 DP1117599 (formerly Lot 490) Kingscliff

NOTICE OF MOTION:

Councillor B Longland moves 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

P a g e | 27

Tweed Local Environmental Plan to seek rezoning of Lot 1 DP 1117599 (former Lot 490, Kingscliff) as E2 Environmental Zone.

—————————————

Councillor's Background Notes

Recommended Priority:

The purpose of the amendment will be to protect ecological significance of the land as identified under the Tweed Vegetation Management Strategy and to retain the land for low impact recreation activity, consistent with the Notice of Motion of 23 January 2014. Due to the ongoing review of environmental zones commenced by State Government in 2012, Council is to seek advice from NSW Planning & Infrastructure regarding the appropriate way of proceeding with the LEP amendment.

Description of Project:

Nil.

Management Comments:

Delivery Program:

Valid

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 1 Civic Leadership

1.2 Improve decision making by engaging stakeholders and taking into account community input

Budget/Long Term Financial Plan:

Proceeding with an amendment to the Tweed Local Environmental Plan may have a direct and significant impact on Council's Budget both in terms of contract procurement of a suitable service provider to undertake the planning proposal, and should additional planning studies be required.

Budgetary impacts may be mitigated should the planning proposal be scheduled within the Planning Reform Work Programme and internally resourced. This will likely delay the commencement of the planning proposal.

P a g e | 28

Rezoning the land to E2 Environmental Zone would also result in an economic opportunity to develop an eco friendly low impact holiday park being foregone. This would mean that any income derived would not be able to be utilised towards the maintenance and enhancement of the coastal reserve.

Financial estimates based on preliminary concept designs indicate that a new holiday park would provide:

• Projected Net Present Value of approximately 10.5% based on initial capital cost of $23M. • Positive cumulative cash flow over 24 years operation of approximately $61M (in future

value). • Estimated market value for sale after 24 years estimated to be approximately $25M (in

present value).

The above option includes cost for provision of revegetation and open space embellishment on the creek side lot including above ground walkways and creek access points and purchase of surf live saving equipment and lifeguard manning of beachfront. Ongoing allowance is also made for creek front lot revegetation and maintenance on an annual basis for 24 years.

As opposed to the costs associated with creation of open space revegetation reserve forecasts:

• Cost of site clearing/establishment as revegetated open space, including basic amenities, car parking estimated at $5M.

• Annual maintenance, cleaning, mowing, etc. estimated at $100,000 per annum therefore cost of $2.4M over 24 years (in present value).

It should be noted that income from any low scale development of the site would, of course, be conditional on Council submitting an expression to acquire and develop the site and there is no guarantees that Council would be successful in its bid. The economic factors need to be weighed against the community's value of the retention of green space being preserved for community benefit for future generations.

Legal Implications:

Compliance with the statutory planning framework will mitigate the likelihood of litigious matters arising.

Policy Implications:

The proposed LEP amendment is generally consistent with Council's policy on environmental management and sustainable provision and use of public land.

P a g e | 29

Attachment 3:

Council Report

23 January 2014

P a g e | 30

TWEED SHIRE COUNCIL

MEETING TASK SHEET User Instructions If necessary to view the original Report, double-click on the ‘Agenda Report’ blue hyperlink above.

Action Item - COUNCIL MEETING Thursday, 23 January 2014

Action is required for Item 8 as per the Council Resolution outlined below.

TITLE: [NOM-Cr B Longland] Future of Lot 1 DP 1117599 (Lot 490) Kingscliff

NOTICE OF MOTION:

Cr B Longland Cr M Armstrong

RESOLVED that Council:

1. Signifies its preference for the preservation of the area identified as Lot 1 DP1117599 (formerly known as Lot 490, Kingscliff) as a public open space and recreation reserve while preserving its ecological values for the community.

2. Enquires with Government Property NSW as to the prospects of Tweed Shire Council acquiring the land for that purpose.

AMENDMENT

Cr W Polglase Cr P Youngblutt

P a g e | 31

PROPOSED that Council makes no decision on Lot 1 DP 1117599 (Lot 490) Kingscliff until the aboriginal land claim has been determined.

The Amendment was Lost

FOR VOTE - Cr P Youngblutt, Cr W Polglase, Cr C Byrne AGAINST VOTE - Cr M Armstrong, Cr K Milne, Cr G Bagnall, Cr B Longland The Motion was Carried (Minute No 7 refers)

FOR VOTE - Cr M Armstrong, Cr K Milne, Cr G Bagnall, Cr B Longland AGAINST VOTE - Cr P Youngblutt, Cr W Polglase, Cr C Byrne

TITLE: [NOM-Cr B Longland] Future of Lot 1 DP 1117599 (Lot 490) Kingscliff

NOTICE OF MOTION:

Councillor B Longland moves that Council:

1. Signifies its preference for the preservation of the area identified as Lot 1 DP1117599 (formerly known as Lot 490, Kingscliff) as a public open space and recreation reserve while preserving its ecological values for the community.

2. Enquires with Government Property NSW as to the prospects of Tweed Shire Council acquiring the land for that purpose.

P a g e | 32

Customer Service 1300 292 872 (02)66702400

tsc@tweed.nsw.gov.auwww.tweed.nsw.gov.au

Fax(02)6670 2429POBox816MurwillumbahNSW2484