Category: Developers

URGENT: Submission No.1 – Variations and Changes to Complying Development

URGENT SUBMISSION DEADLINE 5pm 24th JUNE.

Summary

The State is proposing to increase the uptake of ‘Complying Development’ applications to fast track housing.

Complying Development replaces Tweed’s building assessment codes with statewide, cookie cutter, ‘sea of roof’ style, building codes, that bypass consideration of virtually all other Tweed planning controls, bypass public exhibition, and bypass your right to legal appeal.

The character of our Shire would be stripped away, forming one urban sprawl to the next under these State building codes.

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Please feel free to use the following Caldera Environment Centre Submission as a template.

Submission Objecting to the Proposed NSW Variations and Changes to Complying Development. read more

URGENT: Submission No.2 – Low Rise Housing and Targeted Assessment Pathways – Discussion Paper

URGENT SUBMISSION DEADLINE ALSO 5pm 24th JUNE.

Summary:

The State is proposing another, whole new development pathway, called Targeted Assessments. This would be for virtually all other residential developments that still doesn’t fit the Complying Development criteria.

The State’s cookie cutter building codes would again replace Tweeds building codes for these Targeted Assessments, and Tweed’s other planning and environmental controls would be weakened so much as to be virtually ineffective except in the most extreme cases.

Tweed has the highest number of threatened species in Australia, is a fragile, steep, wet, active, erosion caldera, and has an urban population within the midst of this stunning ‘National Iconic Landscape’. We have an obligation to protect this region in Australia’s public interest. read more

Housing and the Environment – Finding the Balance: Mur’bah Daring Dialogues

With the NSW removal of public consultation for neighbouring buildings approval, with the TSC vote to permit un-rate-chargable second remote dwelling construction, with the public apathy of defeatism … what on earth will become of the landscape ecology and what can be done to arrest the building out of the Tweed rural and natural environment. A Daring Dialogue at the Kambucha Cafe Tuesday 9th June 6.30pm.

Please also be aware of the Draft Growth Management Housing and Employment Strategy (GMHES) (soon up for exhibition) and a new fast track proposal by the state that will bypass the low rise housing (1-2 storey) DAs and their local conditions such as site placement, compensatory bush regeneration etc. read more

Tweed Council conditions for approval of new buildings will no longer apply! CEC Position Statement:

NSW State government are taking authority away from local councils to set the conditions for new building approval, State approval conditions will apply.

The State approval conditions are unknown at this time.

Note also that Public Notice and Right to Comment requirements on local building proposals are separately being removed.

The current Council set conditions for building approval reflect not only local environmental concerns but also the will of the local population.

Locally set environmental conditions for building approvals on rural land have been fought for and have been decided in favour of by the majority votes of democratically elected Tweed Shire Councillors.

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The Caldera Environment Centre position on this issue is: read more

URGENT Your Right to be Consulted under Threat

RED ALERT!!!

Very important – submissions needed please before 5pm 3rd June.

Proposed NSW Community Participation Plan.

NSW Labor and the Liberals have teamed up again this time to attack your right to community consultation on local development applications.

Thrilled by their latest success in December that will entirely strip your local Councillors of any powers to determine development applications, they are now trying to cut the community out too.

Under their new proposed Community Participation Plan a development application won’t be publicly advertised for comment if it apparently meets all the planning controls, whether it’s the house next door or a high rise.
The problem is that planning controls can be open to interpretation and arguable, eg bulk and scale, visual impact, privacy, environmental impact or even hazard risk impacts. That’s why we have consultation. read more

Please make your Submission to the TSC Draft Development Control Plan

The opportunity to ‘Have Your Say’ on the Tweed Development Control Plan closes 5pm Friday!

We’ve attached the CEC submission document for your interest, and for copy and pasting all or parts of as your own submission which is allowed and we encourage.

Please do make a submission, it is quick and easy on the Council website (link here: www.yoursay), or forward the attached CEC submission expressing your own support for it (email to tsc@tweed.nsw.gov.au).

To the General Manager Tweed Shire Council,

Submission on the Draft Tweed Development Control Plan 2026.

Tweed Council is commended for the many proposed improvements to the Tweed Development Control Plan.

Please find below some further requests for inclusion in the Plan. read more

They are removing the environmental protections from the Environmental Planning and Assessment Act [!] .

Key purposes of the Act until now have been: to ensure that ‘development’ is done in an environmentally sustainable way; to protect the environment; to ensure community participation – they are rewriting it so that they can ignore all of those things.

Example: One of the many changes is a new assessment pathway that is “unconstrained and expressly prohibits consideration of environmental impacts and the public interest.” note the EDO.

The intention behind the changes is to allow development in otherwise environmentally protected areas.

The Act is New South Wales’ primary legislation for land use planning and development assessment. It governs environmental planning instruments like State Environmental Planning Policies (SEPPs) and Local Environmental Plans (LEPs). read more

TVW: Planning Reform Fears

Tweed Valley Weekly interview with TSC Councilor Nola Firth about the planned NSW Planning Reforms Bill and its implications:

NCC: Email your MP, Template, Stop the NSW Government’s Plan to Weaken Planning Laws

This is the most significant reduction in development controls in 50 years, and it’s being done with zero public consultation. If passed, these reforms will be a giant step backward for environmental protections in NSW and significantly undermine the progress we are aiming to achieve.

If passed this Bill will:

Remove mentions of environmental protection and conservation of native species from the objects of the EP&A Act, and shift focus away from community wellbeing and public interest.
Introduce of Targeted Assessment Developments as a new fast-tracked assessment pathway — with no guardrails on what type of development could be fast-tracked with minimal assessment.

Caravan Park at Pottsville refused by NSW.gov, as per Community and TS Council Recommendation.

Tweed Link #1400 4 June 2025:

“The Northern Regional Planning Panel (NRPP) recently announced their decision to refuse the application (DA 25/0011) at Pottsville. The Development Application for 1183 Cudgera Creek Road, Cudgera Creek included the building of a caravan park containing 267 long term sites and 12 short term sites, clubhouse, outbuildings and associated roads.

The NRPP was the deciding body for the application as it was valued at more than $30 million dollars, a higher amount than can be approved by Tweed Shire Council.

Ultimately their determination – which was unanimous – was based on the idea that a key part of the infrastructure (the effluent dispersal area) required for the caravan park was located on land that was not zoned for such a use. However, they also considered a wide range of concerns outlined by the Tweed Shire Council in their submission to the Panel. read more

Zombie Developments: Communities Organise to Stop Developments Approved Decades Ago

Many of these developments were approved decades ago, avoiding environmental, cultural heritage and other impact assessments that are required today.

“Communities right along the length of the NSW coast are fighting to protect sensitive coastal bushland and villages from dozens of inappropriate developments that will change our beautiful coast forever if allowed to go ahead. Now they’re bringing their fight to the NSW parliament and they’d love you to join them!

“Many of these developments were approved decades ago, avoiding environmental, cultural heritage and other impact assessments that are required today. Many large pockets of endangered bushland containing beautiful old hollow-bearing trees will be clearfelled – for unaffordable housing estates in towns where 50%+ of existing properties already sit vacant most of the year, used only for holiday homes and on platforms like AirBnb. read more

Historic Legacy Developments

A current Council meeting agenda item is the already approved though not acted upon historical Legacy Development Approvals which would not meet today’s DA requirements, and if anything can be done to bring legacy developments consents into line with current development standards.

From the TSC Meeting May 18 Agenda:

“The NSW Planning system has created the ability for historic legacy developments to sit dormant for a long period of time. Over this time planning laws change and environmental and community protections have improved in order to manage the impacts of developments on the landscape and the surrounding communities. However, some of these legacy developments may have established lawful physical commencement and remain valid to this day despite sitting dormant for some time. read more

Echo: “Why is Tweed Council’s report on developers habitat destruction in Tweed Heads confidential?”

“Residents are distressed by the clearing for the development on Triga street, on the tidal estuary of Cobaki Creek.

The State and Federal governments have both said that there would be no future building on floodplains, yet they have not taken any action to delay currently approved and yet-to-be-built development on floodplains.

The recent destruction of bushland and koala habitat along the Cobaki Creek at Tweed Heads where the Dubbo developer MAAS has moved in and started clearing the site without the correct approvals in place has highlighted the failure of the State government to reassess potential risks of these legacy, or zombie, floodplain developments.

‘They have breached quite a number of the regulations they were to follow,’ Robert Eady, a local resident told The Echo. read more

Tweed Growth Management and Housing Strategy Survey

Below is the link to the survey and also the Caldera Environment Centre’s priority issues as a guide to help with your survey responses. Closing date is 12^th Sept.

CEC points – from the perspective of preserving Tweeds internationally significant biodiversity and maintaining the character of local ‘village’ communities as well as preserving productive farmlands.

Suggested responses to survey questions:

Q on places and types of residential development for future population growth it is important that urban in-fill is prioritised. Increased density in areas that already have infrastructure will help protect natural bushland and agricultural land from clearing. It is VITAL that Environmental Offsets are not used in the process of urban development. The priority must be Avoid and Minimise – Offset only as last resort and ONLY within the development footprint. Priority sites to be funded under the proposed State Government Affordable Housing Fund should NOT be located on environmentally sensitive Crown Land, particularly on the Tweed Coast. read more

Submission – ‘Nightcap on Minjungbul’ (DA21/0010) Caldera Environment Centre

Submission opposing DA21/0010 ‘Nightcap on Minjungbul’.

A concept development application (DA) was lodged with Tweed Shire Council on 14 January 2021 over land at 2924, 2956, 2984 and 3222 Kyogle Road, Kunghur & Mount Burrell, hereafter referred to as “the site”. The application seeks approval for: Integrated Development – staged concept development application under s4.22 of the EP&A Act 1979 for multiple rural land sharing communities with stage 1 seeking approval for the upgrade of the existing private road and associated earthworks, vegetation removal and site construction office and storage area (NRPP).

In overview, the development is described in the application documents as a conglomerate of Rural Land Sharing Communities (RLSCs) that will establish 392 residential dwelling allotments and associated infrastructure (i.e. roads, essential services, community facilities etc.) in multiple stages over the approximately 1,584-hectare site(1). Notably, the application documents cite approximately 326 hectares of vegetation clearing to establish developable areas and to upgrade existing forestry tracks to trafficable, dual carriageway internal roads per the Rural Fire Service (RFS) and Australian Standards. The proposed concept plan and development staging plan are attached in Appendix 1. read more

Make a submission to TSC regarding DA21/0010 Nightcap on Minjungbal, before 24th March.

NRG sponsored a public meeting on Sunday, 14 March, to air information and views on (Tweed Shire) DA21/0010 for a proposed development known as Nightcap on Minjungbal, located off Kyogle Road between Mount Burrell and Kunghur. Turnout for the meeting was good, and much information was shared. This message is to let you know that the deadline for submissions to Council is at the end of business on Wednesday, 24 March 2021.

NRG does not support this development of 392 dwellings in 10 off-grid Rural Land Sharing Communities (RLSCs). We note that:
• Tweed Shire Council’s LEP does not permit further development of RLSCs.
• The proposal is not aligned with the 2019 State Environmental Planning Policy for Rural Development.
• The size and scope of the development is highly unsuitable for the area.
• The development would do significant harm to the environment and to the many threatened/endangered species that inhabit the site.

We urge you to learn more and make a submission to Tweed Council by 24 March. Here are useful links:

The DA and a Have Your Say link (for submissions) is on Council’s website:
https://datracker.tweed.nsw.gov.au/Pages/XC.Track/SearchApplication.aspx?id=877619&a=DA21/0010

You can find information about why the development should be refused here:
www.northernriversguardians.org
(See the link “Nightcap on Minjungbal” on the home page.)
calderaenvironmentcentre.org
(See the link “Submission: Nightcap on Minjungbal” on the home page)

Relocate Tweed Valley Hospital

Information to support submissions on the proposed location of a hospital on state significant farmland at Cudgen is at the Relocate Tweed Valley Hospital website Submissions are due by 5pm on 13th December 2018.

Resolution on ‘No Water Mining’ at Tweed Shire Council Meeting Thursday 15 November 2018

Taken from Minutes of the Meeting..

6 [NOM-Cr K Milne] Removal of LEP clause 7.15 re Commercial Water Bottling Activities

Cr K Milne
Cr R Cooper
RESOLVED that:

1. Council re-instigates a more comprehensive planning proposal to remove clause 7.15 of the Tweed Local Environment Plan to prohibit water extraction for commercial water bottling facilities in light of the precautionary principle in regard to the long term sustainability of this activity, safety and amenity concerns, wear and tear on unsuitable rural roads, and the high level of opposition in the community for this activity.
2. The Planning Proposal to be progressed as a matter of the highest priority and the Gateway application be brought to Council for endorsement.
3. Council requests support for urgent action on this planning proposal from the NSW Minister for Planning Anthony Roberts, the Minister for Regional Water Niall Blair, and our local State members.

The Motion was Carried
FOR VOTE – Cr C Milne, Cr C Cherry, Cr R Cooper, Cr R Byrnes
AGAINST VOTE – Cr W Polglase, Cr P Allsop
ABSENT. DID NOT VOTE – Cr J Owen

The detailed Background Notes on this motion are available at Item 6 in the 15 November Meeting Agenda

Address to Tweed Shire Councillors 19 April 2018 from Barry Firth, on behalf of Stop Adani Tweed

We are part of an Australia-wide network of groups like us. The issues that are to do with the proposed massive expansion of coal mining and export in Queensland are of national and global importance. They affect us all.

The latest news from climate science is that the great ocean current known as the Gulf Stream is slowing down. It has already slowed by 15%. This foreshadows changes in the global climate beyond what we have seen so far.

The scientists have been saying for a long time now that we need to “keep it in the ground”. Unfortunately, we collectively have become a bit too good at not listening to them.

Australia did sign the Paris Climate Agreement, though you would hardly know. Of the 52 countries that signed, our level of commitment to reduction of greenhouse gas emissions was ranked second-last. Even this modest level of commitment is not going to be met, for want of truly purposeful leadership.

On the other hand, we, the people on the ground and representatives of local government, know that stronger action is required. Shire Councils know that if they issue a building permit in an inundation zone they will be sued at a later date. The people here are apprehensive about the prospect of more severe flooding and dry spells. It’s up to us to do the work, and to communicate our concerns upwards.

There is no up-side to the Adani coal mining and export proposal. The Galilee Basin has always been too remote to permit economical shipment. Finance for the project cannot be obtained from any reputable source. The market in India does not exist, and the Bangladeshis only found out “yesterday” that they might be a market; other markets in China, Japan and Korea are already contractually bound to coal shipments from Newcastle. The employment opportunities have been consistently over-stated. The concessions already granted to Adani for water rights and deferral of royalty payments are obscene. The Adani group has an appalling social and environmental record in its own country, and we should ask the question whether it’s appropriate for our governments to even talk with them. And so forth!

You might think that operations at the Adani site are pretty quiet right now. But our people up there are saying that drilling is happening, to establish the drainage systems for de-watering the mine site.

We would stop them if we could!

We have written to Minister Matt Canavan saying that the Northern Australia Development plan would be better without Adani, and declaring our opposition to new coal mines.

We have written to the Hon. Bill Shorten to ask him to closely scrutinise the Adani contracts, while praising the work being done within the ALP towards developing a transition plan and asserting our preference for a policy of no new coal mines. We have met with our local MP, Justine Elliot, who says that she is on our side. She also told us that she would be prepared to make a new public statement in favour of our cause at an appropriate event. (We are working on that!)

Please vote “Yes” this evening, to establish our “Adani-free zone”. It’s going to help!

Stop Adani Tweed is a project of Caldera Environment Centre, 4 Queen Street, Murwillumbah 2484 https://calderaenvironmentcentre.org/

**** And here is the Echonetdaily article 19 April 2018 https://www.echo.net.au/2018/04/tweed-council-adani-free/

Stop Adani Tweed community survey

Stop Adani Tweed wishes to survey the views of Tweed Shire residents, regarding the proposed massive expansion of coal mining in Queensland, including the so-called “Adani” mine in the Galilee Basin.

Yes, the projects that are the subject of our survey are located in Queensland, but many of the issues at stake have national and global implications, so you are entitled to an opinion!

We intend to compile the results of this survey into a statistical view of opinions among Tweed Shire residents, so that Government at all levels can be influenced accordingly.

Please take part in our survey, and respond in a timely manner, not later than 31st March, 2018. To complete the survey on-line, go to Stop Adani Tweed community survey

Stop Adani Film Night 22 Feb Brunswick Heads

Final Draft Rural Land Strategy presentation

There will be a drop-in session at Murwillumbah Civic Centre’s Canvas and Kettle Room, Thursday February 1 from 7pm to 8:30pm. The session will cover the more than 140 proposed actions in the Draft Strategy which will shape the future of rural land use in Tweed Shire. Draft Rural Land Strategy on exhibition until 28th February.

Journey to Stop Adani frontline

A journey to the front line is being arranged by the Northern Rivers Stop Adani Group leaving on January 13 and returning on January 21. Living costs for the week on the front line are $250 and include everything. For more information look up the Stop Adani Byron Shire Facebook page. You can also post questions and ask someone to contact you on the Facebook page.

A social night on January 9 at Mullumbimby Commons, 91 Main Arm Road from 6 to 9pm will help inform the community about what is taking place as well as provide information on the upcoming journey and encourage people to get involved. Alternatively every Monday at 6.30pm a strategy meeting is held upstairs at the Middle Pub in Mullumbimby to discuss how to effectively move the campaign forward.

Frontline Action on Coal

Ways to help from home http://www.frontlineaction.org/get-involved

To join the frontline action http://www.frontlineaction.org/pledge/

VICTORY. Downer drops Adani!

This is HUGE!!

Downer quietly dropped to the stock exchange this morning that they will no longer build or operate Adani’s Carmichael mine.

Adani are pretending that it’s ‘mutual’, that they can build the mine themselves. But Adani have never built a mine in Australia and never built a mine this big. They simply can’t do it without huge delays, massive costs and extra risk to investors.

We’ve led the campaign to get Downer out of bed with Adani. Hundreds of citizens have blockaded Downer industrial sites day and night, bought shares, protested, donated and even got arrested. Please honour their efforts and celebrate this victory by:

Sharing this news story
Sharing our Facebook post, excited video and Tweet
Donating to our fighting fund so we can target Aurizon, Gina, Macmines or whoever is next

Thank you for your ongoing support. Together we will win!

Ben Pennings, on behalf of your Galilee Blockade team.

EDO Fact Sheets

Private Land Conservation

Clearing Vegetation on Rural Land

Clearing trees on urban land and in environmental zones

Stand with the Wangan & Jagalingou people

At any moment, the Queensland Government could extinguish Wangan and Jagalingou native title rights in the Galilee Basin – the land Adani wants to build their Carmichael mega mine on. [1]

The Wangan and Jagalingou (W&J) Family Council have already said NO to Adani four times and are in the midst of a court battle to protect their country. [2]

It’s urgent: in the last few days, the newly elected Queensland Government was asked by W&J to give assurance that they would not extinguish native title until the Federal court case, but the Queensland Government has refused to make this commitment. [3]

This means they could trample Indigenous rights at any moment.

Can you stand with the Wangan and Jagalingou people and make a phone call to tell the Queensland Government not to extinguish native title under any circumstances? Read more on the W&J website.

Make a call now:

Premier Palaszczuk – (07) 3719 7000 – thepremier@premiers.qld.gov.au

Deputy Premier Trad – (07) 3719 7100 – deputy.premier@ministerial.qld.gov.au

Minister Lynham – (07) 3719 7360 – sdnrm@ministerial.qld.gov.au

Call on the Queensland Government to:

Under no circumstances extinguish the native title of the W&J people. There is a Federal Court case being heard in March challenging the Indigenous Land Use Agreement (ILUA) that Adani and Qld Government are signatories to.

Speak directly to the W&J Traditional Owners who do not give consent for the mine. The W&J claim group have four times voted against Adani’s ILUA. Traditional Owners have not consented to the construction of the mine on their land. [4]

Documents that explain the Draft Regulation and inform submissions are:

Draft Crown Land Management Regulation 2017 – See Highlights

Key points for submissions – Crown Lands Alliance

EDO submission

Tweed Shire Council submission

NSW Government Fact Sheet

Submissions can be made:

Online

or Email to legislation@crownland.nsw.gov.au

or Post to

Draft Crown Land Management Regulation comments
Department of Industry Lands and Forestry
PO Box 2185
Dangar NSW 2309

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