Tweed Conservation Zone Review

Planning Proposal PP23/0001 On Exhibition

The draft Planning Proposal PP23/0001 is on exhibition from 2 May to 29 May 2023.

It is the first in a series of planning proposals that will ultimately apply conservation zones across the whole of the Tweed. Landowners and the community have the opportunity to provide their feedback on the proposal.

If you are ready to submit feedback you can make a submission here.

NOTE: Tweed Shire Council has not been given authorisation to act as the local plan-making authority. The NSW Department of Planning will finalise the LEP amendment.

What will happen with this planning proposal?

Planning Proposal PP23/0001 proposes to amend the Tweed Local Environmental Plan (LEP) 2014 by adding in the planning controls for the new conservation zones. This includes the zone objectives, and the list of permitted and prohibited land uses for:

• C2 Environmental Conservation zone
• C3 Environmental Management zone

These planning controls will apply to all conservation zones across the Tweed, including any land that receives a conservation zone during Stage 2 of the mapping.

The planning controls for the C2 and C3 zones are not currently part of the Tweed LEP 2014, meaning conservation zones cannot legally be applied to any land anywhere in the Tweed.

Adding them in creates a legal pathway for those landowners who want to voluntarily apply for a C zone outside of Council's review process, whether they are in the Stage 1 or Stage 2 area.

It also means C zones can be used in rezoning applications on sites where high conservation value land must be protected from development.

All current land use zones will remain in place until a separate planning proposal to amend the land use zone maps and apply the draft conservation zone to the Stage 1 Tweed Coast area is prepared later this year.

Stage 2 of the review will create draft zone maps for the remainder of the shire and will commence once Stage 1 maps are approved and adopted. The planning controls adopted as part of this current planning proposal PP23/0001 will apply to any land that receives a conservation zone under Stage 2.

Will any land get a conservation zone as part of this first planning proposal?

This first planning proposal does not seek any changes to the land use zone maps, and does not apply to the Tweed (City Centre) LEP 2012.

Have your say

Landowners and community members are invited to make a submission on the proposed C2 and C3 zones. You can do this in a number of ways:

• Online: Make a submission up to 4 pm, 29 May
• Email: tsc@tweed.nsw.gov.au
• Mail: General Manager, Tweed Shire Council, PO Box 816, Murwillumbah, NSW, 2484

Next steps

Separate planning proposals are in preparation to amend the Tweed LEP (City Centre) 2102 and Tweed LEP 2014 maps and apply conservation zones to land across the Stage 1 area. This will be reported to Council later this year.

Project Overview

Council is updating the way land use zoning in the Tweed’s Local Environmental Plans (LEPs) is used to protect the natural environment.

The Tweed is recognised internationally for its beautiful natural areas and outstanding biodiversity. Preserving our natural environment is regularly identified as one of the Tweed community's highest priorities.

One of the ways that Council can meet these community expectations is to ensure our plans for how land is used now, and in the future, protect high value natural areas from inappropriate development (learn more).

Using LEP zoning for environmental protection is not new, but in the Tweed it is based on old information that needs updating (learn more).

The NSW Government has published a set of rules around how and where councils should apply LEP zones for environmental protection. This included a standard set of ecological criteria that land must meet before it can be given a “Conservation zone” (learn more).

In 2021, the NSW Government also renamed Environmental zones (or E Zones) to ‘Conservation zones’, or C Zones. This change will be applied to our zones here in the Tweed as part of this review (learn more).

Tweed Shire Council has developed and refined a new method for applying Conservation zones, in accordance with the NSW Government’s new requirements, our existing strategic plans and the high value the community places on our natural areas. We have reviewed all land on the Tweed Coast applying this new method and created new draft zone maps. Learn more or view draft maps.

During 2022, all landowners on the Tweed Coast (Stage 1) whose properties are affected by a draft zoning change were contacted as part of early stage consultation, inviting them to speak one on one with council about the proposed changes on their property (learn more).

On this project page you will find links to a range of Fact Sheets and Frequently Asked Questions that provide background and further information. Affected landowners and any other interested members of the community are encouraged to read this material to help them understand the process and what a C zone may mean for them.

Mapping of new C zones is happening over two Stages

Stage 1 Tweed Coast (we are here now) The Tweed Coast covers all private and public land in the Tweed that is the east of the Pacific Motorway as well as Cobaki, Tweed Heads West, Banora Point, Chinderah and some parts of Bilambil Heights and Terranora. Click here or view the online mapping to see the Stage 1 area.	View across the Tweed Coast
Stage 2 Remainder of the Tweed Shire All private and public land in the Tweed that is not covered in Stage 1. Escarpment areas in the north of the shire will be included in Stage 2. Stage 2 of the review will create new zone maps for the remainder of the Shire and will occur after Stage 1 maps are approved and adopted	View across rural Tweed

February - August 2022 : Working with you to get it right - Landowner Consultation

All landowners in the Stage 1 area whose properties are mapped with a draft zone change were invited to view the draft maps, and speak one-on-one with Council about their property as part of an early stage consultation between March and August 2022. This early consultation was not required by legislation and was informal.

155 of the 486 individual landowners engaged with Council about proposed zone changes on their land.

40 formal submissions supported the proposed zone changes. The main themes were:

• Preservation of what's left of the natural environment is extremely important
• A sense of privilege to be looking after koala habitat and other important environmental values on private land.
• The zone review makes sense - the C3 zone is more usable than the old '7' zones.
• Passion for wildlife and protection
• The land can't be used or developed anyway so the zoning makes sense.

31 formal submissions disagreed with the proposed zone changes. The main themes were:

• Disagreement with the overall principle of conservation zones.
• Disagreeing with the Primary Use allocated to their land or questioning Council’s methodology and approach to applying C zones.
• Concern over perceived broader impacts of C zones, particularly relating to agriculture and primary production;
• A perception that a conservation zone would stop them being able to build a house in heavily vegetated or bushland areas;
• Regrowth vegetation is not high value and should not be mapped.

We used the feedback we received to make 52 corrections to the draft zone maps. This included 21 corrections to proposed C zones in response to landowner requests for site visits and vegetation verification. The feedback also helped us identify and correct several technical mapping anomalies and make amendments to the 'Primary Use' map.

Removal of 7(f) Environmental Protection (Coastal Land) zone

172 parcels of land along the Tweed coast have the old Tweed LEP 2000 7(f) Environmental Protection (Coastal Lands) zone over the beach side of their land. The 7(f) zones limits what they can build in this area to protect it from coastal risks such as erosion and king tide storm events. The draft C zone mapping originally proposed to remove the 7(f) zone, however significant concern was raised during the landowner consultation about the impacts to public and private amenity, and risk to life and property that would be created. Many landowners advised they needed more information before they could properly make a decision.

Council has begun working on a new Tweed Coastal Management Plan that will help Council and the community identify and better understand future risks from coastal hazards linked with climate change and sea level rise. It will also help coastal communities to respond and adapt to current and future coastal management challenges. The 7(f) zone will remain in place until the Tweed Coastal Management Plan is completed in 3-5 years.

October 2022 - Council Resolution

A Submission Review report went before the Planning Committee meeting on 6 October 2022. Council resolved that:

1. Council receives and notes the progress to date of informal landowner consultation on the Tweed Conservation Zone Review methodology and draft mapping.

2. The planning responses and mapping corrections arising from landowner consultation to date, and as outlined in this report, are received and noted.

3. Land zoned 7(f) Environmental Protection (Coastal Hazard) zone under the Tweed Local Environmental Plan 2000 remain deferred from the Tweed Local Environmental Plan 2014 pending re-evaluation on completion of the Tweed Coastal Zone Management Plan.

4. The C Zone Review progresses to drafting of a Planning Proposal, noting that informal landowner consultation is ongoing across several sites with outstanding matters to be resolved prior finalising the planning proposal.

5. A minimum of 2 (two) Councillor workshops be scheduled prior to reporting to Council with a draft Planning Proposal for endorsement to submit to the Minister for Planning for Gateway.

March 2023 - Staged Planning Proposal Approach

On 16 March 2023, Council resolved to support a multi-step approach to introducing the conservation zones. Click here to access the Council report and meeting minutes.

The first draft planning proposal was submitted on Friday 17 March 2023.

The first proposal does not seek any changes to the land use zone maps, and does not apply to the Tweed (City Centre) LEP 2012. No land will get a conservation zone as part of the first planning proposal.

The first planning proposal seeks to amend the Tweed LEP 2014 by adding in the zone objectives and the list of permitted and prohibited uses for the C2 Environmental Conservation (view them here) and C3 Environmental Management zones (view them here). These are not currently part of the Tweed LEP 2014, meaning conservation zones cannot legally be applied to any land. Adding them in creates a legal pathway for those landowners who want to voluntarily apply for a C zone. It also means C zones can be used in rezoning applications on sites where high conservation value land must be protected from development.

The NSW Department of Planning issued its Gateway Determination and letter on 3 April 2023.