Terranora Area E draft Development Control Code

On Exhibition

Official deadline 26 August(Late submissions have been confirmed to be accepted within reason)

Development Code available for viewing at libraries and http://www.tweed.nsw.gov.au/onexhibition/OnExhibitionDetail.aspx?ExhibitionID=127&Status=FromPlanning “A Council officer will be available to answer questions relating to the Code at Murwillumbah Civic Centre from 1.00pm to 4.00pm on 23 August (Bookings are recommended). In addition, should you require any further information, contact Council’s Planning Reform Unit on 02 6670 2503”.

Summary

Area E encompasses 296 hectares of Greenfield area, directly adjacent to the southern edge of the Terranora Broadwater of which 205 hectares is proposed to provide for 4,000 new residents.

Most of the area is on very steep slopes with numerous waterways which funnel into the low basin areas, and then flow through the SEPP 14 Wetlands before entering the Terranora Broadwater. This significant coastal lake has been identified as suitable for a Marine Protected Area of which these ecosystems are highly under represented by international standards. The Broadwater is already severely impacted to the east and north by adjacent intense development from Banora Point, which has been built virtually to the waterline, with minimal trees, riparian or wildlife corridors, or stormwater treatment.

Proposed Area E Development Code 2011 p96

Context and Density

There was enormous opposition to the rezoning of Area E (approved in 2007), with desire to keep this area as rural farmland due to the rich soils, steep lands, the ecological significance, and to prevent urban sprawl into the existing, highly scenic, rural hinterland character.

In 2005 Local Environment Study (LES) that accompanied the rezoning outlined overall yields of 1,793 dwellings. The Council report of meeting Oct 2005, p.135) states, “The LES has revaluated the potential population forecast estimating only approximately 3,500 persons population for Area E”.

Council has now identified further land constraints but is proposing to offset these by relaxing the planning controls to maintain an overall yield of 1,800 dwellings. Approximately 4,000 residents are now expected under this new code. This will require an Amendment to the LEP to allow 4 storeys in certain areas.

Council is also attempting to achieve densities to provide for population increases outlined in the far north Coast Regional Strategy of 19,100 new dwellings for Tweed, despite numerous and consistent concerns, raised during the Community Strategic Plan opposing population increases and overdevelopment.

Recent population projections for Tweed have also significantly reduced population estimates by approximately 50%. The need to achieve such high yields and the sustainable legitimacy of this is disputed.

The sustainability of Tweed Shire providing for nearly a third of the Northern Rivers regions’ future population, in a Shire that already has both the highest population of the region, and the highest concentration of threatened species in Australia, is strongly disputed.

One of the fundamental objectives of density and reduction of urban sprawl is Sustainability. Density can only be of value for sustainability if it is designed to protect against negative impacts rather than impact negatively on significant environments.

The pressures the environment is already under in this locality are not conducive to maximising further population increases. In this case Area E seems to have been originally selected without regard to its significance. This expansion seems to have been based purely on a linear expansion of Banora Point that would otherwise have been logical.

Tweed Councillors recognised community concerns for overdevelopment when they resolved to provide a mechanism to determine the community’s ’Preferred Population Level’ and review population targets during the current 4 year Delivery Plan.

Planning Provisions - Changes from the rezoning requirements disputed

1. Current maximum of 2 storeys in the rezoning LES, now proposed for 4 storeys and 19m in certain circumstances.

2. Average lot size for low density in LES of 800sqm, now average of 464sqm3. Reduced front and side set backs ie providing for less space for trees4. Small lots of 250sqm in medium density areas.5. Previous LES specified 1,000sqm for Commercial / Retail before an economic

analysis for a supermarket was required, now 4,000-5,000sqm for retail / commercial and a full line supermarket 2,500sqm is allowed before any economic analysis required.

6. No buffer or transition zone from new development to existing residents on large treed lots of 1,000-3,000sqm.

7. Previously prohibited traffic access through existing residential areas, now has through access.

Ecology

Much of the site is traversed by both regional and sub regional corridors. Whilst it is acknowledged that these corridors are not surveyed in detail they do provide an understanding of what would be required if they had been.The code should be based on a fundamental and primary goal of preserving and restoring wildlife corridors across the site and connecting these corridors to corridors outside the site. Without this basic corridor principle preservation attempts will ultimately and necessarily be futile.

Tweed Fauna Corridors

The high conservation environmental values should be primary to this development and efforts to achieve density should not take priority in such sensitive sites.

As well as SEPP 14 wetlands there are 5 Endangered Ecological Communities (EECs) on site, including Lowland Rainforest, 3 threatened and one rare flora species, mangroves, potentially 17 threatened fauna species, as well as significant Migratory Bird species.

The main road is proposed in this code to skirt the wetlands and EECs to the south. The developers are requesting that Councillors change the current staff recommendation of this code so that they can move the alignment of the eastern section of the road more to the north, ie further through the eastern section of the wetlands and EECs which would further transect the Lowland Rainforest patches below shown in red and orange.

The Tweed Coast Koala Habitat Study 2011 map below shows only three red spots indicating evidence of koala activity (north of the Tweed River). One of these active sites is located in the south west corner, not far west of Area E.

Tweed Coast Koala Habitat Study 2011

The LES states that the Mitchells Rainforest Snail was previously recorded on the site but was not located in the latest survey.

The environmental protection provided seems to be the minimum required by legislation. This level of 20/50/100m buffer protection is the same as would be

applied on any site and does not take into account the cumulative and international significance of this biodiversity hotspot.

NSW draft Biodiversity Strategy Objective 6: Use strategic mechanisms to assess, conserve and improve biodiversity values in land-use planning. The biodiversity values of wildlife corridors have not been assessed. To improve biodiversity values minimum protection is not sufficient in highly impacted and significant environments. Maximum protection and avoidance of disturbance should be required and peer reviewed studies provided.

Due to the overall ecological significance the code should specify a conservation style development such as Koala Beach with particular regard to minimising road provision and impacts. A best practice conservation approach should use a triple bottom line method, excluding environmentally protected areas, and then apportioning the remaining areas at:

• 1/3 development• 1/3 social including parks • 1/3 to expand the environment zones

Wildlife corridors should be identified and special treatment should be provided if corridors cannot be excluded eg fauna crossings for roads, large lots, fencing etc.

Consideration should be given to protection of Bats on this site due to public concerns from Hendra virus.

Terranora Broadwater

Terranora and Cobaki Broadwaters, and Cudgera Creek were identified in assessments for Marine Protected Areas (MPAs) in 1999 as most suitable for full protection signifying their significance:

“A major gap in the marine protected area system in the Tweed-Moreton Bioregion is the lack of protection provided to its major estuarine systems. The three largest estuaries in the Bioregion are the Clarence (15,605 ha), the Richmond (3,460 ha) and the Tweed (1680 ha) River estuaries.

Estuarine ecosystems of the NSW section of the Tweed-Moreton Bioregion are barely represented in MPAs. Wave dominated estuaries dominate the NSW section of the Tweed-Moreton Bioregion coastline. Wave dominated estuaries are the only estuarine ecosystem represented within IUCN Category 1a sanctuaries with a mere 0.65% of the area represented. Estuaries are also poorly represented within IUCN Category VI reserves, with a mere 2.3% represented”.

The Terranora Cobaki Broadwater Ecosystem Health Monitoring Report has recently rated the Terranora Broadwater ‘D+’. In 2001 it had a ‘C’ rating.

“Key Messages from the 2009 Report Card Cobaki Terranora BroadwatersThis ecosystem health investigation and report card shows that the aquatic environment of Cobaki and Terranora Broadwaters and their catchments are not in good shape. A concerted effort from Government and the Community is required to prevent these waterways from becoming terminally ill.”

“Terranora Broadwater and Terranora Creek - Targets and Actions2. Prevent an increase in nutrient runoff from all new urban development.”

The main Tweed sewerage outlet also releases into the Terranora Broadwater. Council has serious concerns for the stormwater from Banora point. The failing of the Broadwater would impact greatly on the reputation of the Tweed, its long term environmental credibility and greatly impact on adjacent residents. A risk analysis and management plan for such an eventuality should be included to determine what actions would be required if the Broadwater fails, the impacts to residents, and the economics associated with this risk.

The most stringent requirements possible for water quality and water sensitive urban design should be adopted to assist in eliminating all pollution load from the site ie ‘no net impacts from the site to the Broadwater or the Wetlands’. High level specialist studies are required to provide expert assistance to provide for minimal disturbance and the preservation and management of these waterways.

Dual Reticulation should be incorporated to not only reduce waste water discharges but to reduce the likelihood for the need to build a dam. There is a very high likelihood that if further water conservation measures are put in place a new dam could be averted in the long term. Conservative use of scarce water resources provides for intergenerational equity.

Agriculture

LES Extract“3.9.5 Agricultural Land ClassesThe krasnozem (red volcanic) soils of the Tweed Shire are regarded as some of the most productive and unique agricultural lands in NSW (Smith, 1982). Like the Cudgen / Duranbah area, Terranora has a long history of high levels of agricultural productivity across a broad range of farming enterprises on these soils.

The major difference between the two areas is that the Terranora area is much smaller, contains a greater proportion of steep land and has experienced urban encroachment on 3 sides in former intensively farmed areas, as illustrated in Figure 3.37. Land within Area E falls within classes 3, 4, 5 and specialist class 6”.

Only 500 hectares of class 1, and 2 soils occur in the Tweed Shire at the Cudgen Plateau. Area E has 14 hectares of class 3 soils and 26% (73 ha) of the Shire's mapped Special Use (horticulture) Class 6 land (mostly krasnozem soils) out of a total across the Shire of 280 ha;

Specialist Class 6 72.89 hectares- "well suited to intensive production of a crop or narrow range of crops whose special requirements limit their successful culture to such land ......"

The code should specify that the agricultural history of the site is displayed for educational purposes and to promote utilisation of the site for food production. The various types and classes of soil should be displayed on interpretive signs to indicate where they occur, history and potential for current use.

The code should make special provision to ensure residential private and public open space is sited with maximum sun and access to rainwater tanks to facilitate food production gardens.

Dedicated areas of an adequate scale containing class 3, 4, 5 and 6 soils should be reserved for commercial or cooperative farming opportunities entailing best practice organic methods. This would be a more appropriate commercial use of the site. Community facilities such as multipurpose sheds could revolve around these farm activities.

Desired Future Character and the Village Centre

The village character should focus on the attributes of the site, of its previous celebrated farming history and its high quality soils. The development should provide an evolution of the development of the site that maintains links and continuity with the local food production history, albeit in a different modern, ie a ‘food security’ residential subdivision.. The commercial focus should be based around low impact food related production and activities. A low key village centre could be developed in the style of regular outdoor markets surrounding a market garden, rather than the more traditional commercial centre.

This would provide:

• Some connection with the strongly expressed community aspiration for the desired future character.

• Utilisation of the sites local natural resources providing for orderly, economic and sustainable use of the site.

• A more resilient and self sustaining local economy and food security that are key sustainability objectives.

• Minimising ecological disturbance

It is recognised farming practice to produce perishable foods close to the end consumer as quality degrades significantly in transport. There is the potential to provide a significant supply of perishables if managed well with community / Council / cooperative or commercial management.

Funding should be readily available for such a project and assistance provided through the Australian Institute of Landscape Architects. Universities would be very interested in such a model and it would have the potential to gain substantial media attention.

Small scale local food production could provide for some limited to substantial on site employment and certainly provide healthy dietary supplements, outdoor exercise and social activities and interest points.

Council has identified urban agriculture as a consideration and highlighted pockets of small precinct community gardens and edible roadside landscapes. Council could also include planning provisions to promote backyard farms eg model home displays with mini farm gardens, larger managed market gardens, as well as requirements for education, promotion and more active management such as small plot leases.

Council should consider negotiating to reserve/ create / manage larger market garden areas of significant soil class to ensure survival of at least some of these significant resources. Varied production could be provided on each of the identified soil classes to protect soil heritage, enable research and preserve soil diversity.

Market gardens could be provided as an alternative to more traditional forms of open space that are proving difficult to provide due to steep slopes.A market garden in the centre should be considered for location on the class 4 soils in this centre.

Filling

The need for filling of the village centre should be eliminated to reduce disturbance to the hydrological regime and erosion impacts. This low basin area would be better utilised to manage stormwater and flooding impacts by creating / restoring wetlands across the site to ‘polish’ the stormwater before it enters the SEPP 14 Wetlands. This would greatly contribute to the functioning of the wetlands by maintaining the integrity of these adjacent ecosystems that support these wetlands.

The Village Centre site would be better utilised for more low key activities that do not require filling such as the market style square, with removable or non ‘flood

obstruction’ structures such as temporary stalls and mobile vans, wall less shelters or pole structures. The Centre could be used for sportsfeilds, BBQ’s, conservation based and adventure activities, environment centre, parks, environmental open space, outdoor theatre and entertainments.

Low impact uses for the central area would also allow for important climate change ecosystem retreat that has not been provided, allow for greater flexibility in road relocation away from the Endangered Ecological Communities, and maintain the integrity of these wetlands and the Broadwater.

Any structures should be on stilts.

The road should considered to be realigned further away from the wetlands to reduce impacts.

Supermarket

The benefit of a traditional commercial village centre and especially a full line supermarket is disputed. Council went to court to defend a situation at Pottsville very similar to this against a full line supermarket in an ‘out of town’ subdivision. Terranora already has a commercial centre with supermarket. Banora also has a full line supermarket 2 minutes down the road. Residents could easily utilise these facilities as they would predominately need to pass either of these to enter the site at least once a week by car or bus.

Visual

Clause 38 of the North Coast Regional Environmental Plan (e) have regard to the rural character and heritage significance of villages and small coastal settlements and the need to maintain that character and significance.

The proposed code is considered to exacerbate the community’s concerns for overdevelopment, not to preserve the existing character, nor be in line with the desired future character.

Overdevelopment in this recognised scenic landscape and scenic route is seen to be detrimental for not only normal visual concerns, but is particularly relevant when the Shire has potential to maximise the values of the National Iconic Landscape program which may have significant Shirewide economic benefits.

The orderly and economic use of these scenic resources for their highest and best purpose eg scenic tourism is the great desire of the community as expressed in the 2005 rezoning process. Dense development should be prohibited and a densely vegetated full canopy cover should be achieved to prevent the ‘sea of roofs’ as per the adjacent Banora Point.

Whist it is acknowledged that Council is attempting to overcome the need for excessive retaining walls by allowing the building to incorporate the slope, there does not seem to be any offset for this loss of setback.

Loss of potential for trees through the reduced set backs should be compensated for eg by wide footpath plantings where trees can be guaranteed to be planted. It appears only a one metre wide nature strip is generally provided.This should be at least enhanced to the equivalent area of the setback lost A closed canopy coverage of 70% is desirable.

Dense Greenbelts should be provided between precincts and following all waterways to the perimeter of the site to provide a continuous green line to breakup the development and to reduce concreting over waterways at their source.

Only one scenic route viewing location is proposed to be preserved along Terranora Rd. Vista should be uninterrupted at least in the central view line, not substantially impacted with protruding development in the foreground as proposed.

Clause 38 of the North Coast Regional Environmental Plan (f) provide substantial buffer areas between coastal urban centres to avoid uninterrupted coastal development.A landscaped greenbelt around the perimeter should be incorporated consistent with the 30m metre setback for designated roads such as Terranora Rd. This should particularly include Fraser Drive boundary to delineate a greenbelt boundary from Banora Point. This should not be waivered as there is ample scope to provide greenbelts in large subdivisions.

Design Controls

Council has determined that the most applicable design controls in the NSW North Coast Urban Design Guidelines identify this site as an ‘Inland village’.

Objection to applicable controls of these the Guidelines seen to be missing:• Inland villages are typically small and compact.• Residences are typically detached houses with generous setbacks on

generous sites.• Generally the lower density and compact nature of these inland villages

makes for a reduced impact on the landscape they occupy.• The settlement has developed without affecting the tree canopy

substantially • Building scale is a consistently one to two storeys.• Typically, houses in the original village and newer areas are lightweight

and elevated in response to the hilly terrain and subtropical climatic conditions.

• Buildings respond to topography and climate and are modest in scale.

Whilst it is acknowledged that Council is attempting to reconcile the development with the peri-urban area of Banora Point, these design values should not be compromised or the ability to create a distinctive inland village character will be lost.

Sportsfields

Sportsfields will be surrounded to a large extent by medium density development.The quality of the outdoor experience of open space recreation will be compromised by being surrounded, and partially enclosed by walls of development and obstructed views.There is great potential for noise and other conflict with residential amenity

Clearing

Recent clearing of large areas on steep slopes is currently being investigated by Council. Any compensation offset determined to be required should be provided as five times any estimated value deemed to be afforded by the clearing.