Attach 1 [PR-CM] Border Park Raceway Planning Proposal ... · Planning Proposal Border Park Raceway, Gold Goast Highway, Tweed Heads 2.2 Don Fox Planning I I February2013 PIPROJECTS\835ôB

$Page 1: Attach 1 [PR-CM] Border Park Raceway Planning Proposal ... · Planning Proposal Border Park Raceway, Gold Goast Highway, Tweed Heads 2.2 Don Fox Planning I I February2013 PIPROJECTS\835ôB$
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Submission for Planning Proposal

Border Park Raceway, Gold Coast Highway, Tweed HeadsLot644DP 755740 and Lot 21 DP 518902

Prepared for: Bunnings GroupProject No: 83568Date: February 2013

\-/

Planning Proposal

Border Park Raceway, Gold Coast Highway, Tweed Heads

Printed:File Name:Project Manager:Client:Project Number:

Document history and status

I February 2013P:\PROJ ECTS\83568 Border Park Raceway, Tweed Heads\Reports\8356B.docxDavid KettleBunnings Group83568

Version lssued To Qtv Date Reviewed

Rev_1 , Draft Project Manager 1-e 22.01.2013 David Kettle

Rev_1, Draft Project Manager 1-e 22.01.2013 RobertPlayer

Rev_1 , Draft Project Manager 1-e 29.01.20'13 Client

Final Client 1-e 08.02.2013 David Kettle

a"?.o&'cdmn!u9ratJ 4t^ware

| | Dartford RoadThornleigh NSW 2 120

ABN2455t 44t 566

PO Box 230Pennant Hills NSW l7 | 5

t 02 9980 6933f: 029980 0ll

DX 4721 Pennant Hills NSW e: df@donfoxplanning com.au

vwwv.donfoxplanni ng.com.au

Planning Proposal

Border Park Raceway, Gold Goast Highway, Tweed Heads

Table of Contents

1 lntroduction 1

1.1

1.2

1.2.1

1.2.2

1.2.3

Commission

Background

Consultations with Council

Tweed Shire Local strategy

Planning Proposal Request

1

1

1

2

2

2 Site Context 3

2.1

2.2

The Site

Surrounds

3

4

3 Current Zon¡ng 5

3.1 Permissibility 5

4 Draft TweedLEP 2012 6

4.1.1

4.1.2

4.1.3

Zoning

Permissibility

Draft mapping

6

o

6

5

6

Proposed Development

Key Planning lssues for a Planning Proposal

7

7

6.1

6.2

6.3

6.3.1

6.3.2

6.4

6.5

6.6

6.7

6.8

6.9

6.9.1

7

II9

10

11

12

12

13

13

14

14

Relocation of the Border Park Raceway

Employment Generating Opportunities

Traffic and Access Considerations

Traffic Generation and operational performance

New Gold Coast Highway Access & Ourimbah Road Connection

Relationship to Adjoining Development

Vegetation

Street Presentation

Land Contamination

Essential Services and lnfrastructure

Gold Coast Airport

Aircraft noise

Don Fox Planning I I February2013PIPROJECTS\83568 Border Park Raceway, Tweed Heads\Reports\8356B.docx

¡¡

Planning Proposal


6.9.2 Obstacles to aircraft 14

7 A Guide to Preparing Planning Proposals l57.1

7.2

7.3

7.3.1

7.3.2

7.3.3

7.3.4

7.4

15

15

15

15

15

18

20

20

Part 1 - Objectives or lntended Outcomes

Part2 - Explanation of Provisions

Part 3 - Justification

Need for the Planning Proposal

Relationship to strategic planning framework

Environmental, Social and Economic lmpact

State and Commonwealth lnterests

Part 4 - Community Consultation

I Gonclus¡on 20

Figures

Figure 1: The site location.

Figure 2: Aerial photograph

Figure 3: Zoning Plan Extract - Tweed LEP 2000

Appendices

Don Fox Planning | 8 February2013PfPROJECTS\83568 Border Park Raceway, Tweed Heads\Reports\8356B.docx

¡¡¡

3

4

5

A.

B.

c.

D.

E.

F.

Correspondence from Tweed Shire Council daled24 July 2012 and 31 October 2012

Fig 14 from Tweed Urban and Employment Land Release Strategy 2009 (Area 13)

Site Survey prepared by RPS

Concept Plans

Traffìc assessment prepared by Transport and Traffic Planning Associates dated November 2012

Consistency with Section 1 17 Directions

1.1

Planning Proposal


1 lntroduction

CommissionDon Fox Planning (DFP) has been commissioned by Bunnings Group Limited (Bunnings)

to prepare a report to demonstrate the case for rezoning of the Border Park Raceway to

facilitate the development of a Bunnings Warehouse and permit other uses such as bulky

goods retail showrooms and fast food outlets whilst still enabling the Border Park Raceway

to continue in a new location on the site. The report has been prepared to assist Council in

the preparation of a Planning Proposal to the Department of Planning and lnfrastructure.

This report has been prepared to satisfy the requirements of the Department of Planning's

A Guide to Preparing Planning Proposals.

A Guide to Preparíng Planning Proposals specifies that a Planning Proposal should

comprise six parts as follows:

. Part 1 - A statement of the objectives or intended outcomes of the proposed Local

Environmental Plan (LEP).

. Part 2 - An explanation of the provisions that are to be included in the proposed

LEP.

o Part 3 - A justification for the objectives, outcomes and provisions proposed in the

LEP and the process for their implementation.

. Part 4 - Maps, where relevant, to identify the intent of the planning proposal and the

area to which it applies.

. Part 5 - Details of the community consultation that is to be undertaken on a

Planning Proposal.

. Part 6 - The project timeline of a planning proposal.

Parts 1 ,2,3 and 5 are addressed in this report. ln relation to Parts 4 and 6 this report does

not contain mapping or a project timeline.

1.2 Backgroundln 200912010 Landsolve commenced investigations into the redevelopment of the site for a

mixed use development comprising bulky goods retail, commercial offices and residential.

This redevelopment was intended to assist in funding the relocation of the Border Park

Raceway to Murwillumbah. That scheme has not proceeded, and the Border Park

Raceway club is pursuing the redevelopment of the site in conjunction with Bunnings.

Gonsultations with Gouncil

The Border Park Raceway Club has considered the relocation of its facility to a site at

Munruillumbah in past years. However, the Club has decided to retain its operations on the

existing site for the time being, but it does not require the entire site for the raceway.

Part of the site would therefore not be utilised allowing other potential uses to be explored

to put the land to an orderly and economically viable use.

ln mid-2012 Bunnings commenced discussions with Tweed Shire Council for theredevelopment of the site. Preliminary concept plans were presented to Council'sprofessional staff to assist in understanding the intentions for the redevelopment of the

site. Council provided a response to these initial discussions by way of a letter dated 24

July 2012 (attached at Appendix A) which raised a number of issues including:

. Strategic significance of the site particularly in relation to its location (presentation)

to the Gold Coast Highway and its employment generating potential in the context of

the Tweed Urban and Employment Land Release Strategy 2009.

1.2.1

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1

Planning Proposal


1.2.2

1.2.3

o Raceway relocation noting the opportunity to relocate the raceway toMurwillumbah (which is not being pursued in the immediate future).

o lntegration of land uses and infrastructure in relation to the benefits of asignalised intersection with the Gold Coast Highway, potential connections toOurimbah Road industrial estate and the residential land uses in the Gold CoastCouncil area.

Concept Plans were further developed taking on board Council's feedback and presentedat a meeting between Council staff, Bunnings and the Border Park Raceway on 17October 2012. Council provided further correspondence dated 31 October 2012, a copy ofwhich is also attached at Appendix A. This letter raised similar issues including:

. Strategic significance of the site having regarding the Paciflc Highway, aviation,future planned rail and education infrastructure and employment resources.

. Likelihood of the raceway relocating in the medium term.

o Future traffic management which re-iterates earlier comments about a signalisedintersection and connection with Ourimbah Road.

Council in its letter of 31 October 2012has stated that they "are open to receiving aplanning proposal request." The issues raised by Council have been addressed in thisreport.

Tweed Shire Local strategy

The Tweed Urban and Employment Land Release Strategy 2009 was adopted by Councilon 17 March 2009. A key focus of the Strategy is protecting and planning for employmentgenerating land.

One of the most relevant outcomes of this Strategy is the identification of potentialemployment areas in the Tweed Shire. Seven areas has been identified one of which is thesubject site known as Border Race Track - Area 3. lt has a gross potential of 1 t ha. TheStrategy has also noted that Area 3 is within an area identified in the Far North CoastRegional Strategy as part of the existing urban footprint and the nomination of Area 3 istherefore consistent with the Regional Strategy.

The identification of Area 3 (i.e. the subject site) as a potential employment area forms partof the rationale behind proceeding with this request for a Planning Proposal.

Planning Proposal Request

This report requests that Council support a Planning Proposal that achieves the following:-

. Zones the site 87 - Business Park to permit a board range of land uses consistentwith the 87 land use table in the draft Tweed LEP 2012.

. ldentify recreation facility (major) as a permissible land use in the 87 zone, oralternatively identify such use as an additional permitted use on the subject site.This is to ensure the Border Park Raceway remains permissible.

o Nominate a building height of 15 metres for the subject site.

The rationale for the main elements of the Planning Proposal is set out in the balance ofthis report.


2

2.1

Planning Proposal


2 Site Gontext

The SiteThe site is known as the Border Track Raceway, Tweed Heads. The site comprises the

following two allotments:

. Lot 644DP 75574;and

. Lot 21 DP 518902.

A copy of a site survey prepared by RPS is attached an Appendix B.

Figure I illustrates the location of the subject site. The site is located between the Gold

Coast Airport and the Coolangatta town centre. The site has frontage to the Gold CoastHighway (western boundary) and frontage to Binya Avenue (northern boundary). The siteis located on the NSW and QLD border, and Binya Avenue is located in QLD within theGold Coast City Council local government area.

Figure 1: Ihe slle location.

The site survey indicates that Lot 21 DP518902 is affected by a water supply easementalong the length of the southern boundary. An open drain located along part of thesouthern edge of the site, is also indicated on the site survey.

The site has a site area of approximately 11ha. The site is roughly triangular in shape withthe following approximate property dimensions:

¡ 311m frontage to the Gold Coast Highway (western boundary);

. 397m southern boundary;

. 109m eastern boundary; and

o 500m northern boundary. Binya Avenue is located adjacent to the northern

boundary, but is only surfaced for a length of approximately 160m from the eastern

end.

Don Fox Planning I I February 2013PIPROJECTS\83568 Border Park Raceway, Tweed Heads\Reports\8356B.docx

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Planning Proposal


2.2

Don Fox Planning I I February2013PIPROJECTS\835ôB Border Park Raceway, Tweed Heâds\Reports\8356B.docx

4

The majority of the site is generally level in order to accommodate the race track, althoughthe centre of the race track is lower than the surrounds. The land slopes down to thesouth-western corner of the site and also slopes down to the Gold Coast Highway.

An open drain is located within the verge along the Gold Coast Highway and the landbatters down (from the site) resulting in the site being approximately 1m higher than theGold Coast Highway.

The only vehicular access to the site is from Binya Avenue with traffic passing through theresidential area to gain access to the site.

Figure 2 is an aerial photograph of the site and surrounds. There are very few buildingslocated on the site. The majority of buildings are stables, sheds and kennels. A two storeyclub house building is located adjacent to the race track. The race track is currentlydesigned to accommodate horse trotting on the larger outer track and the smaller innertrack is used for greyhound racing.

The aerial photograph illustrates the vegetation located in the south western corner of thesite, extending along the southern boundary and widening out at the eastern end of the site(extending for the full width of the eastern portion of the site).

Figure 2: Aerial photograph

SurroundsThe aerial photograph in Figure 2 also illustrates the surrounding development whichcomprises the following:

. Gold Coast airport to the west;

o fi vegetated area between the Gold Coast Highway and the airport's runway;

e lndustrial development to the south accessed from Ourimbah Road;

. Residential development to the east and southeast comprising 2 and 3 storeymedium density residential development; and

. Resídential development to the north along Binya Avenue comprising low densityhousing of 1 and 2 storey scale detached housing.

A caravan park (including permanent vans) located to the north on the opposite side of theunmade section of Binya Avenue.

Planning Proposal


3

3.1

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Current ZoningThe subject site is zoned 6(b) - Open Space (Recreation) under Tweed LEP 2000.

Figure 3 is an extract of the zoning map illustrating the zoning applying to the land and

surrounds (within the Tweed local government area).

Figure 3: Zoning Plan Extract - Tweed LEP 2000

Figure 3 also illustrates the surrounding zones including:

. Residential 2(c) - Urban Expansion to the east and south reflecting the medium

density residential development;

. lndustrial 4(a) to the south reflecting the adjoining industrial land uses; and

. Special Uses 5(a) - Airport to the west reflecting the airport. The vegetation areas

between the runway and Gold Coast Highway are also zoned Special Uses -

Airport.

For the purposes of context the land to the north is within the Gold Coast City Council local

government area. The zonings in the Gold Coast Council have different descriptors. The

Coolangatta Local Area Plan indicates the caravan park immediately to the north is Open

Space and the remainder of the land to the north is a residential zone.

PermissibilityA Concept Masterplan of the site has been developed as a means of illustrating thedevelopment approach to the site, featuring a mix of potential land uses including aBunnings Warehouse, bulky goods retailing showrooms, fast food, roads and the retained

raceway. Section 4 provides a more detailed description of the proposal. Clause 11 ofTweed LEP 2000 sets out the zone objectives and land use table. ln terms of the range ofproposed uses, a Bunnings warehouse, showrooms (defined as bulky goods retailing) and

tavern/liquor shop (defined as a shop) are prohibited. Fast food outlets (deflned as

refreshment room) is permissible with consent as are the race track and proposed internal

road. A planning proposal would therefore be necessary to zone the land to permit the

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7. ENVIRONMENTAT PROIECTION

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SUBJECT SITE

4

Planning Proposal


4.1.'l

4.1.2

4.1.3

Don Fox Planning I I February 2013P:\PROJECTS\83568 Border Park Raceway, Tweed Heads\Reports\8356B.docx

6

range of proposed land uses, whilst still retaining the existing raceway as a permissibleUSE.

Draft Tweed LEP 2012The draft Tweed LEP 2012 was first placed on public exhibition in January 2010 (thenknown as draft Tweed LEP 2010) and re-exhibited in December 2012 and January 2013.

Zoning

The subject site is proposed to be zoned RE2 - Private Recreation.

The residential land adjoining to the east retains a R2 - Medium Density Residential zone.The Ourimbah Road industrial estate is proposed to be zoned lN1 - General lndustrial.

Permissibility

The permissibility of the land uses nominated on the Concept Masterplan within the RE2zone is summarised as follows:

o A Bunnings Warehouse would be a prohibited use in the RE2 zone given itscharacterisation as hardware and building supp/ies.

o Showrooms would be a prohibited use in the RE2 zone given their characterisationas bulky goods premlses.

o I tavern could be defined as a type of food and drink prernrses and thereforepermissible with consent.

o A liquor shop would be prohibited being defined as a shop, unless ancillary to thetavern.

. Fast food outlets would be permissible with development consent being defined asa restaurant, cafe or take away premises.

The use of the land for the raceway and a club house would be permissible withdevelopment consent as a recreation facility (major) and registered club, respectively.

o The use of the land for a road is permissible with development consent.

Draft mapping

The draft LEP maps of relevance to the site are summarised below.

Floor space ratio (FSR) No FSR control on the site

Height of building 10m (measured from current ground level to top ofbuilding)

Minimum lot size None specified

Flooding Partly affected by Flood Planning Area in the south westcorner

The majority of the site is affected by the ProbableMaximum Flood.

Biodiversity Partly affected on the south western corner and easternend of the site.

Acid sulfate soils Affected and within Class 3 land.

Planning Proposal


5

6

6.1

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Proposed DevelopmentThe Concept Masterplan at Appendix G illustrates a potential redevelopment of the site.

Development of the site is likely to proceed in two stages. The land would be subdivided tocreate development parcels, but this is not central to understanding the Planning Proposal.

Stage 1 willinclude:

. The relocation of the Border Track Raceway to the eastern part of the site. The

retained raceway is to be situated on a site of 45,770m2 and will accommodate a

smaller dog track, clubhouse, kennels and car parking. Horse trotting is notproposed to continue on the site;

. The construction of a Bunnings Warehouse (approximately 18,900m2) on a

proposed lot of 46,920m2;

o A 2,OO0m2 bulky goods retailing showroom envelope on a site of 5,380m2;

¡ A future development site of 10,130m2 in the south western corner (shown as a

tavern/liquor shop of 1,2OOm2 in Stage 2);

. The subdivision of the site into four lots one lot containing the Border TrackRaceway, another containing the Bunnings Warehouse, another the 2000m2

showroom site and another a future development site;

. Vehicular access points from the Gold Coast Highway. A new intersection will be

designed to have the capacity to provide a road link through to Ourimbah Road(20m wide road reserve) subject to the neighbouring property owner's agreement.The potential connection is shown as a 'sfub road'on the subject site; and

. At grade car parking.

Stage 2 would see the redevelopment of the relocated Border Track raceway into bulky

goods retailing showrooms (approximately 15,500m2), two fast food outlets (totalling

830m2) and tavern/liquor store (approximately 1,200m2) on the future development sitecreated in Stage 1. Additional at grade car parking will be provided in Stage 2.

The timing of Stage 2 is not known and would be contingent upon the relocation of theracetrack and club.

Concept Masterplan of the staged development are attached at Appendix C. The setcontains the Stage 1 and Stage 2 concept plans.

The objective and intended outcome of this Planning Proposal will be to rezone the land to

87 - Business Park with a land use table being consistent with the draft Tweed LEP 2012,with recreation facility (major) being added as a land use permissible with developmentconsent to ensure that the retained Border Park Raceway remains permissible and doesnot need to rely upon the existing use rights provisions of the Environmental Planning and

Assessment Act, 1 979.

Key Planning lssues for a Planning Proposal

Relocation of the Border Park Raceway

Council in its correspondence dated 24 July 2012 and 31 October 2012 raised thelikelihood of the Border Park Raceway relocating. The relocation of the raceway wasconsidered in conjunction with another proposal in 2009 to redevelop the entire site.

However, that proposal did not proceed.

More recently Bunnings has expressed an interest in part of the site. This will generate

funds for the raceway to be retained on the site in a relocated position. The sale of part of

Planning Proposal


6.2


I

the site will enable to club to secure its future for the foreseeable future. The need torelocate to Munvillumbah is therefore no longer part of the Club's future plans.

Employment Generating Opportun¡t¡esThe Far North Coast Regional Strategy has estimated that at least 32,500 new jobs will berequired by 2031 as a result of projected population growth. The Far North Coast RegionalStrategy notes that "this anticipated employment growth frans/afes to a need for about 156hectares of additional industrial land and about 76 hectares of additional commercial land(a total of 232 hectares)."

The Far North Coast Regional Strategy recognises that affordable land in this region isbecoming increasingly limited, and what is available is increasingly being utilised for bulkygoods retailing. As a consequence land available for industries that generate export jobs isdecreasing. This site is not an ideal site for industrial purposes due to a residentialinterface on three frontages. ln order to promote employment generating land uses on thissite other land uses such as that proposed should be explored. ldentifying this site as abulky goods retailing showroom precinct might also take the pressure off other industrialothers that are better located for industrial purposes.

The proposed 87 zone would still have the capacity to provide employment not dissimilarto industrial lands with an additional benefit of permitting 'office park'type development.

The Tweed Urban Land Release Strategy and Employment Lands Strategy 2009references employment densities based on the Queensland Department of StateDevelopment's methodology, which adopts the following rates:

o Manufacturing 30 employees/ha

¡ Wholesale trade 20 employees/ha

. Transport & Storage 20 employees/ha

. Supporting land uses 20 employees/ha

The Tweed Urban Land Release Strategy and Employment Lands Strategy also notes thata study in 2001 for the Coolangatta Airport Enterprise Park (proposed to be locatedopposite the subject site) adopted an employment rate of 20 to 55 jobs/ha for large lotenterprise land.

These figures are not dissimilar to the Employment Lands Development Programemployment rates for outer Sydney areas and the Central Coast where they range from 22to 40 jobs/ha.

An employee density target ranging from 20 to 55 jobs/ha for the site would be areasonable rate based on other studies and non-metropolitan localities.

Based on a range of between 20 to 55 jobs/ha the 11ha site has the potential to generatebetween 220 and 605 jobs to fulfil Council's Strategic Planning Objectives.

The Concept Masterplan indicate the development of the site in two stages. The potentialemployment generating capacity of the site for each stage is between 208 to 222 (stage 1 )and 413 to 612 (stage 2). The table below sets out the potential employee generatingcapacity of the Concept Masterplan.

Stage t188Bunnings 18,790m2 1l10Om2

Showrooms (retail household goods) 2,000m2 1/1 00m, to 1/58m2 Not" I 20 -34

208 -222TOTAL

Stage 2

18,790m2 1t100m2 188Bunnings

15,500m2 1l1OOm' to 1l58m2 Not"l 155 - 268Showrooms (retail household goods)

70 - 156Tavern/liquor shop; and

Fast food

1,2OOm2

830m2

1l2gm2 to 1/1 3m2 Nore 1

413 - 612TOTAL

Stage Floor Area Employee Density Employees

Planning Proposal


6.3

6.3.r

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Notel: Source - Ku-ring-gai and Hornsby Subregional Employment Strategy, Final Report, May 2008,

prepared by SGS Economics and Planning

The retained racetrack will also allow the Border Park Raceway to continue to contribute tolocal employment and economic activity.

The stage 2 outcome when all the site is redeveloped is within the upper end of the

desirable employment outcomes. Therefore the employment generating capacity of the

site can still be realised under with the concept plan scheme. lt should be noted that theconcept plan is indicative and end uses could comprise a far wider range of land uses than

nominated in the table below. For instance, other potential uses proposed to be permitted

in the 87 zone (under draft Tweed LEP 2012) and that could occupy building forms similarto that shown on the concept plan might include business premises, health services facility(including medical centre, community health service facilities, health consulting rooms orhospital), high technology industry light industries, office premises or warehouse ordistribution centres.

The Planning Proposal represents an opportunity for a Bunnings Warehouse to locate onpart of the site generating employment in the short term, whilst in the medium to long term

the Planning Proposal will provide opportunities for other employment generating land

uses to replace the Border Park Raceway when it relocates. Even from Stage 1 the

development concept would satisff Council's employment objections for this Strategic site.

Traffic and Access Considerat¡ons

Traffi c Generati on an d operational performan ce

Traffic and Transport Planning Associates (TTPA) has provided Bunnings with trafficplanning advice based on the attached Concept Plans. Their report is provided atAppendix D. Their advice has also considered the previous Landsolve proposal forcomparative purposes.

Part of the investigations in 200912010 undertaken by Landsolve for the redevelopment ofthe site included the assessment of traffic impacts. Discussions were held with Council and

the then Roads and Traffic Authority (RTA).

The traffic assessment conducted as part of those investigations factored in the followingland uses:

. bulkv goods retail of some 44,000m2

. commercial office floor space of some 14,700m2

. residential land uses of some 29,300m2

Planning Proposal


6.3.2


l0

That scheme involved the creation of a new intersection at the Gold Coast Highway toprovide access for the retail/commercial component with residential access from BinyaAvenue. The traffic assessment conducted as part of the Landsolve scheme investigatedthe operational performance of a new intersection and found that its operationalperformance would meet both QLD and NSW road authority requirements and would beacceptable under a projected 2020 taffic volume scenario.

The development scenario of the Landsolve scheme in terms of quantum of floor space isless than the total 34,000 to 35,000m2 Bunnings warehouse and bulky goods/showroomfloor space in the Stage 2 scheme of the attached Concept Masterplan.

TTPA's assessment has found that the traffic generated in the Concept Masterplan wouldhave a significantly lower impact on the traffic flows along Gold Coast Highway than theLandsolve scheme for the weekday morning and afternoon peak periods. However, whilstthe Concept Masterplan development will have a significant weekend traffic generation, thetraffic flows along Gold Coast Highway will be significantly less during the weekday peakperiods than the Landsolve scheme.

TTPA has also considered the potential for a through connection to Ourimbah Road, andhas concluded as follows:

. during the weekday morning peak when the industrial traffic would ingress, there willonly be relatively minor traffic generated by the envisaged development on the site;

. during the weekend period when the envisaged development on the site will have itspeak generation, there will be very little generation the industrial area; and

. during the weekday afternoon peak the potential egressing traffic will still be somewhatless than that oroiected for the orevious develooment scheme which was assessed toachieve a satisfactory performance at the Gold Coast Highway access intersection.

ln addition the proposed Concept Masterplan would not rely upon vehicular access fromBinya Avenue which would achieve a further positive outcome.

Traffic impact assessment can be documented as part of the Planning Proposal.

New Gold Goast Highway Access & Ourimbah Road Gonnection

The concept of a new access to the Gold Coast Highway was investigated in theLandsolve scheme. We understand that the then RTA was prepared to support, in principlethe access when it was resolved that the airport would not require another access (otherthan at the proposed intersection). We understand that the Gold Coast Airport hasindicated that based on their current planning that it would not require a new access onGold Coast Highway but wished to retain the option for access potential as a fourth leg tothe proposed intersection. The option of the fourth leg to the intersection would then satisfythe RTA's comments about resolving additional access to the airport from the Gold CoastHighway. lt would therefore appear that a new access to Gold Coast Highway isacceptable in principle.

Council in its letter dated 31 October 2012 has also confirmed that their support for thenew intersection is "largely contingent on there being provision and evaluation of theextension of Ourimbah Road into this sife."

Council in its letter of 31 October 2012 also noted the intersection is not likely to berequired as part of Stage 1,"but Council may rely upon an indicative masterplanincorporating the preferred road design and connections as the means for including theOurimbah Road extension in its Tweed Roads Contributions Plan. This will enable Councilto collect contributions toward the cosf of acquisition and construction of the extensionshould it be required as part of the Stage 2 development, comprising the remainder of thesife. "

Planning Proposal


6.4


11

Bunnings is proposing that the new intersection with Gold Coast Highway and the potent¡al

connection to Ourimbah Road form part of a Voluntary Planning Agreement (VPA), and

Bunnings intends to enter into discussions with Council regarding the possibility of a VPA.

lf a VPA is an acceptable mechanism to both parties, then a VPA could form part of theexhibition material to accompany a Planning Proposal. The VPA will provide a mechanismfor Council to legally accept a dedication of land and/or works in lieu of developmentcontributions.

Relationship to Adjoining DevelopmentThe aerial photograph at Figure 3 illustrates that residential adjoins the subject site on thenorthern (Binya Avenue), eastern and part of the southern boundary. A caravan/touristpark with permanent vans is adjacent to the site at the eastern end of Binya Avenue.

lndustrial development adjoins along the western part of the southern boundary

The Planning Proposal would permit a wider range of land uses than the current 6(a) Open

Space zone, or the RE2 - Private Recreation zone proposed under Draft Tweed LEP

2012. The range of permissible land uses in the 87 zone as proposed in this report and

their built form and operational characteristics would have different potential impacts

compared to the existing racetrack.

Built form

The proposed 87 zone would permit a different building form and character to that likely tobe constructed underthe current or draft zoning.

Tweed LEP 2000 has a height control of 3 storeys for the subject site and the adjoining

Ourimbah Road industrial estate. The definition of storey in Tweed LEP 2000 is such that astorey which exceeds 5 metres for commercial buildings is counted as two storeys.

Therefore 3 storeys could effectively be just under 15m in height (i.e. each storey being

slightly less than 5m each).

Draft Tweed LEP 2012 proposes a building height of 10m for the subject site and theindustrial estate. The residential land to the east and south is proposed to have a building

height of 13,6m which is not dissimilar to the 3 storey height control of the subject site and

adjoining industrial area.

We believe that a building height of 15m (i.e. similar to the existing LEP control) would still

achieve consistency with the draft LEP controls on the adjoining site as well as providing

reasonable scope for building forms consistent with a 87 zone.

The proposed 15m building height control would be a maximum building height providing

flexibility to distribute height taking into account adjoining residential development.

We note that the Draft Tweed LEP 2012 does not propose a FSR control for the subjectsite, or the adjoining Ourimbah Road industrial area. We note that the 84 and 85 and

some of the lN1 zones in Tweed Heads South are proposed to have a FSR of 2:1 . A2:1FSR could apply to the subject site to be consistent with the FSR applying in otherBusiness zones. The site is sufficiently large to enable floor space to be distributed acrossthe site to manage built form impacts to neighbouring residential areas. Alternatively, thePlanning Proposal need not nominate a FSR for the subject site which is consistent with

the lN1 zone in the Ourimbah Road industrial estate and other lN1 zones in the Tweed asproposed in draft Tweed LEP 2012.

Traffic

As noted in Section 6.3 a VPA can accompany a Planning Proposal to set out how a newintersection with the Pacific Highway that provides a through site link to Ourimbah Road

can be delivered (in part). Accordingly, Binya Avenue would therefore not be necessary forvehicular or service access to the site avoiding traffic impacts to residential properties in

Planning Proposal


6.5

6.6


12

Binya Avenue. lt will also have the benefit of reducing industrial related traffic on DucatStreet and Miles Street which are also residential streets.

Consultation

Consultation will be required with adjoining land owners and the Gold Coast City Councilas part of any Planning Proposal for the subject site.

VegetationCouncil's interactive mapping indicates under the Vegetation (2009) maps that:

¡ the majority of the site is highly modified (which accords with the current physicalcondition of the site);

. a small pocket in the south western corner is Sclerophyll Forests / Woodlands onSand Substrates and Alluvium; and

. the southern boundary and eastern end of the site is simply described asMiscellaneous Map Units.

The Tweed Vegetation Management Strategy (2004) mapping also indicates that themajority of the site is Highly Modified / Disturbed and the same vegetation mapping unitsas the 2009 maps. However the extent of miscellaneous mapping units does not extendalong the southern boundary.

The Concept Plans at Appendix C illustrates the areas of vegetation likely to be retained.

Because the site is largely cleared of vegetation and existing vegetation is generallylocated at the edges of the site, the assessment of flora and fauna impacts is notaanai¡la¡a¿l aa¡aa+ial iñ ^'¡^' +^ ¡^+^'ñi^^ +h^ ^' 'i+^tîli+., af {}r¡ ¡i+^ ia- ^ Da -^^^ l^r^vv¡rÐrssr9v soogrrrrqr ilr vrusr LU uçLçrrrilr¡E rrrE ùuttqviltty vt Ut9 ùttg tvt q ua 4vtt9. vv9

therefore propose that a specialist flora and fauna study is not necessary to accompany aPlanning Proposal.

Consent will however be required for removal of vegetation which can be determined at DAstage when final site planning and building locations are decided.

Street PresentationWe note from Council's correspondence at Appendix A that Council is interested in thepresentation of the site and buildings to the Gold Coast Highway. The site plans presentedto Council in mid-2012 illustrated a building parallel to the Gold Coast Highway. The siteplans presented to Council at the meeting on 17 October 2012 rotaled the Bunningsbuilding 90 degrees such that the short elevation presents to the highway providing greaterexposure to the remainder of the site as well as reducing the effects of the bulk andmassing of the building when viewed from the Gold Coast Highway.

Council in its letter of 31 October 2012 states that "architectural treatment of futuredevelopment integrated with an appropriate landscape design to create a vibrant andattractive urban environment will be essential. lndicative design plans, pafticularlyaddressing the building's facade and car park design/treatment, for the Bunningsdevelopment will likely be requested in suppott of any planning proposal."

Whilst street presentation issues are issues pertinent to a development application, thePlanning Proposal can be accompanied with illustrative materíal address the presentationof the site as viewed from the Gold Coast Highway.

Planning Proposal


6.7

6.8


l3

Land Contam¡nat¡onA preliminary assessment of the site has been undertaken by RPS Australia East Pty Ltd

which also relied upon a site history report prepared by HMC Environmental Consulting Pty

Ltd (2010). RPS carried out preliminary soil and water sampling of the site. RPS noted thatthe site is on the Tweed Shire Council Contaminated Lands Register.

ln summary they found as follows:

o A'spray race'was built in the mid-1980s to spray horses arriving from Queensland.This presents a risk of organochlorine (OC) insecticide (e.9. DDT) ororganophosphorus (OP) pesticides. Preliminary soil sampling in the areas of highestcontamination risk has indicated that there is a low risk of contamination around thespray race.

o A rifle range was formerly located on the site which could give rise to lead

contaminants. No obvious evidence of soil contamination (e.9. spent bullets orcartridges) was noted by RPS. Lead concentrations did not exceed relevantenvironmental or health based guidelines.

. Mineral sand mining was undertaken on the site between 1952 to1965. Filling of thesite occurred from sand mining spoil. No contaminants were noted by RPS. RPS

comments that the HMC report noted that there is a risk of radiation due to mineral

sands, but preliminary screening of soil samples indicated that radiation levels werewithin acceptable ranges.

. Bonded asbestos has been used in buildings on the site. RPS considers that this isnot likely to present a constraint to the future use of the site.

. Because the soil testing confirmed that there were no OC/OP contaminants, thengroundwater did not need to be tested for these contaminants. Groundwater testingfor zinc indicated slightly elevated levels of zinc, but RPS noted that this would notpose a constraint to future commercial and recreational uses of the site.

The preliminary investigations have not revealed that land contamination would be a

constraint to the future development of the land for commercial or recreational purposes,

and there is no evidence to date to suggest that a Planning Proposal should not proceed

on the grounds of potential contaminants. RPS notes that a contaminated land report

might be required to accompany a DA for the site that would address SEPP 55

requirements. Given the low potential for contaminants identifìed in their report this could

be managed in DA stage instead of the Planning Proposal stage.

Essential Services and InfrastructurePreliminary investigations by MWH and Tate Professional Engineers have been

undertaken by Bunnings in respect of utilities servicing, both currently servicing the site

and anticipated needs for the redevelopment of the site.

. Electricity is currently supplied from QLD from overhead power lines in Binya

Avenue. High and low voltage underground cables are also located near thesouthern boundary (presumably within the easement along part of the southernboundary). Further investigations will be required to ascertain augmentationrequirements and the connection point(s) for electricity.

. Water is currently supplied from Gold Coast Water. lt is not known whether the

current arrangements could be maintained if the site is redeveloped, and GoldCoast Water will need to be consulted. lf water supply is to be provided from NSW

then it is likely that the water supply would come from Ourimbah Road and this will

need to be extended into the site. Tweed Shire Council has already advised thatwater network analysis will need to confirm if upgrades will be necessary. Bunnings

Planning Proposal


6.9

6.9.1

6.9.2

has received advice and can confirm that upgrades will be necessary along part ofOurimbah Road for the redevelopment of the site as per the Concept Plans.

. Sewer connections are currently unclear. There is a rising sewer main in BinyaAvenue and a sewer connection point in Ourimbah Road that would need to beextended into the subject site. This sewer connection is likely to require an internalpump.

. Stormwater drains into two catchments due to a ridge through the site dividing thesite into two catchments. The northern catchment drains to Binya Avenue to anopen channel, then to a lake in the Kirra Beach tourist park. The southerncatchment drains to a channel along the southern boundary to the south-westerncorner and then to a table drain in the Gold Coast Highway road reserye.Stormwater from the site is capable of being managed and is subject to detaileddesign at DA stage to achieve no increase in discharge and acceptable waterquality at discharge points.

. Telecommunications are available from both Binya Avenue (QLD) and NSWincluding Gold Coast Highway and Ourimbah Road. Further investigations will berequired.

. Gas is not available, but the likely uses within the proposed 87 zone would not needto rely upon gas.

Utility infrastructure is available to the site. Further studies will be necessary to ascertainthe connection points (including the relevant service provider if connections are to bewholly from NSW) and augmentation requirements. This detail should not be necessary fora Planning Proposal and could accompany relevant DAs, particularly in light of Stage Ibeing a Bunnings Warehouse and the remainder of the redevelopment occurring in themedium to long term when the capacity might need to be re-examined at that point in time.

Gold Goast Airport

Aircraft noise

The Gold Coast Airport Master Plan 2011 was approved by the Federal Minister forlnfrastructure and Transport on 14 May 2012. The ANEF map contained within the MasterPlan indicates that the site is mostly within the 20-25 ANEF contour and a sliver in thesouth western corner in the 25-30 ANEF contour.

The Gold Coast Airport Master Plan 2011 contains a table setting out various land usesand their acceptability within different ANEF contours. The category of most relevance iscommercial which is 'acceptable' in less than the 25 ANEF contour. The Master Plandescribes acceptable as being circumstances in which "there is usually no need forbuilding construction to provide protection specifically against aircraft noise, althoughaircraft noise may nonefheless be noticeable, and some people may still find itundesirable." We note that there is no land use criterion for recreational uses for therelocated Border Park racetrack. However, this is an existing land use which is relocatedand would not be exposed to any greater levels of aircraft noise than currentlyexperienced, in any event only enclosed buildings (e.9. a new club house) could beacoustically treated if necessary. We do not see there being any need to further investigateacoustic issues with the Planning Proposal and this matter could be readily addressed atDA stage.

Obstacles to aircraft

The Gold Coast Airport Master Plan 2011 contains obstacle height limits (called obstaclelimitation surfaces in the Master Plan). This site is subject to a height limit of 49.54HD. Thesite survey prepared by RPS indicates the site varies from 3 AHD to about 5AHD. Thisprovides a theoretical building height of about 44m. The proposed buildings likely in a


14

Planning Proposal


87 - Business Park zone would be well below 44 metres in height. Further investigation ofthis issue with for the Planning Proposal is not considered necessary.

7 A Guide to Preparing Planning Proposals

Part I - Objectives or Intended OutcomesThe Planning Proposal is to enable the retention of the existing Border Park Raceway

whilst facilitating the redevelopment of the remainder of the site to accommodate BunningsWarehouse, bulky goods retailing showrooms, tavern/liquor store and associated food

outlets.

7.2 Part2 - Explanation of ProvisionsThe Planning Proposal proposes to be in the form of an amendment to the current TweedLEP 2000, unless the draft LEP 2012 is published before a Planning Proposal for the siteis published.

The Planning Proposal request proposes the draft LEP be amended in the followingsummarised manner:

Rezone the site 87 - Business Park to permit a board range of land uses consistentwith the 87 land use table in the draft Tweed LEP 2012.

7.1

7.3

7.3.1

7.3.2

O

a

a

ldentify recreation facility (major) as a permissible land use in the 87 zone, oralternatively identify such use as an additional permitted use on the subject siteThis is to ensure the Border Park Raceway remains permissible.

Nominate a building height of 15 metres for the subject site.

Part 3 - JustificationThis report recommends that the Tweed LEP 2000 should be amended to permit theproposed land uses as set out in Section 5. The following section demonstrates how such

an outcome will satisfy the questions that the Department of Planning and lnfrastructureapplies to gateway determinations.

Need for the Planning Proposal

1. ls the Planning Proposal a result of any strategic study or report?

The site has been identified as a potential employment area in the Tweed Urban andEmployment Land Release Strategy 2009, as discussed in Question 5 below. Whilst therehas been strategic work undertaken in Tweed Shire these studies would not haveconsidered in detail individual land uses for specific sites.

2. ls the planning proposal the best means of achieving the objectives orintended outcomes, or is there a better way?

An amendment to Tweed LEP is the only feasible way of permitting employmentgenerating land uses on this strategic site such as a Bunnings Warehouse bulky goods

retailing showrooms, fast food outlets, tavern/liquor shop on the subject site and potential

for other uses (e.9. office uses). A Planning Proposal is therefore considered the best and

only viable means of achieving the intended outcome.

Relationship to strategic planning framework

4. ls the planning proposal consistent with the objectives and actions containedwithin the applicable regional or sub-regional strategy?

Far North Coast Regional Strategy 2006-2031

The Far North Coast Regional Strategy is the NSW Sate Government strategy to guide theregion's land use over the 25 year period between 2006-2031 . Key directions of the

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15

Planning Proposal


Tweed Heads is identified as a major regional

centre, and the Strategy has a vision for Tweed

Heads to continue to develop as a major centrefor tourism and the provision of retail services

and community facilities.

Strategy of relevance to the Planning Proposal and how a Planning Proposal can achieveconsistency with those directions is set out in the table below.

The proposal has the ability to provide bulkygoods retail and complementary uses in Tweed

Heads whilst retaining recreational facilities on

the site in the form of the Border Park

Raceway.

Projected population increase of 60,400 people

which has the potential to lead to 32,500 newjobs.

The 32,500 new jobs will be linked to service

and construction industries, with the remainder

in export driven employment.

Ensure the provision of adequate land for new

business and industry that is well linked totransport and services, takes advantage of the

opportunities arising from the upgrading of thePacific Highway and which will support the

creation of the projected additional 32,500 jobs

needed in the Region.

The Planning Proposal will provide additional

employment opportunities as discussed in

Section 6.1.

The nature of uses permissible in the 87 zone

would be capable of achieving employment in

service industries, and a Bunnings Warehousewould be related to the construction industry

with its trade sales area.

The proposed 87 zone would provide

approximately 11ha of land available for new

business that is capable of being serviced by

the Gold Coast Highway with a new signalised

intersection, including additional benefìts to be

gained to the existing Ourimbah Road industrial

area having the benefit of a link road through

the site to connect with the highway.

Contain areas for potential future development

within the Town and Village Growth Boundary.

Councils will identify opportunities for bulkygoods style retailing in appropriate locations in

commercial centres and restrict this form ofretailing in employment and industrial zones as

set out in the Government policy'Right Place

for Business'.

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16

The subject site is within the existing urban

footprint of Tweed Heads as shown on the

Town and Village Growth Boundary at Sheet 1

of the Strategy.

A key principle ofthe proposal is to rezone the

site to enhance employment opportunities in theTweed LGA. The Concept Masterplan provide

the opportunity for bulky goods retailing and

hardware and building supplies (Bunnings). lt isproposed that a 87 zone be used for the land

with hardware and building supplies and bulkygoods retailing being identified as permissible

uses consistent with the land use tableproposed for the 87 zone in the draft Tweed

LEP 2012,

Consideration of the 'Right Place for Business'policy is provided after this table.

Right Place For Business

The policy "plans for a better arrangement of land uses in supporT of centres and thetranspotl sysferns which serve them." The policy applies to the State. The policy provides

Direction Gonsistency

Planning Proposal


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17

directions for different land uses. The proposed land use of most relevance would be bulkygoods retail outlets and for this land use the policy states as follows:

"When it is not realistic for bulky goods oullefs fo be in centres, they should be locatedin one or two regional c/usfers to help moderate travel demand and allow for publictransport accessibility. Existing c/usters should be reinforced. If justified, new clustersshould be ¡n areas that would indirectly support major centres and link to publictransport con¡dors.

To determine whether a new cluster is justified or a development proposal rs sudab/efor a cluster location, the following rssues, addÍional to the net commun¡ty benefitcr¡ter¡a, must be assessedr

. the economic and social impact on ex¡st¡ng and planned centres

. the demand for the amount of floor space for trading bulky goods and thepotential impact any oversupply would have on existing centres

. the degree and potential of short- and long-term accessibilily by public transport

. the effect on the demand for travel and impact of increased traffic to the arterialroad network

, where industrial areas are proposed to be used, the operational and accessneeds of existing and future industry and lhe impact on propedy prices forindustriaI deveIopment."

As discussed below the Tweed Urban and Employment Land Release Strategy 2009 has

identified that Tweed Heads South (an existing retail showroom precinct) is approaching

capacity and a new precinct will need to be identified to cater for future demand. Thiswould justify a new centre. Further justification would be needed to demonstrateconsistency with the above bullet points which can be addressed after GatewayDetermination.

5. ls the planning proposal consistent with Gouncil's local strategy or, or otherlocal strategic plan?

The Tweed Urban and Employment Land Release Strategy 2009 was adopted by Council

on 17 March 2009 and is considered the applicable localstrategy. The Planning Proposal

is consistent with the relevant local strategy because:

(i) This Strategy relates lo "land that is predom¡nantly used for commercial activitiesin employment (specifically excluding land predominantly used for retail uses)."Whilst the land is currently zoned 6(b) - Open Space, the Strategy has

nevertheless been considered in the context of a Planning Proposal as theproposed range of land uses are still employment generating land uses which is a

key focus of the Strategy.

(ii) One of the most relevant outcomes of this Strategy is the identification of potential

employment areas in the Tweed Shire. Seven areas have been identified one ofwhich is the subject site known as Border Race Track - Area 3. lt has a grosspotential of I t ha. The Strategy notes the Border Park racetrack might have a

limited life and if it ceases then it could form part of the employment strategy.

(iii) A 87 - Business Park zone has the capacity to provide employment.

Relevant aspects of the Strategy of relevance to the Planning Proposal Íor a 87 zone ateconsidered to be:

o West Tweed Heads near the Gold Coast Airport is identified as a location suitable

for further investigation.

. The Strategy cross references the Tweed Shire Retail Strategy which indicates that:

o Tweed Head South (further south than the subject site) was the largestconcentration of retail, catering for higher order retails needs (especially

Planning Proposal


7.3.4

ln terms of social effects, the Planning Proposal seeks to retain the use of the Border ParkRaceway as a permissible use to ensure that the use can continue to operate on this site.The social benefits that the Border Park Raceway provides as a recreational andcommunity facility can therefore continue.

The Planning Proposal will include an offer to enter into a VPA which will deliver a newintersection on the Gold Coast Highway and the creation of a through site link to OurimbahRoad. This link road will enable some industrial traffic to avoid using residential streets toaccess the industrial estate which is a positive social impact capable of being deliveredthrough the Planning Proposal.

The capacity of a Bunnings Warehouse and showrooms to provide employmentopportunities for the Tweed Shire and southern part of the Gold Coast Council region willhave social benefits for those persons employed in those future uses.

State and Commonwealth lnterests

11. ls there adequate public infrastructure for the planning proposal?

The issue of services infrastructure has been addressed in Section 6.8.

12. What are the views of State and Commonwealth public authorities consultedin accordance with the gateway determination?

Consultation with the relevant State and Commonwealth public authorities can beundertaken in conjunction with the exhibition of the Planning Proposal following theGateway Determination. This will principally involve the NSW Roads and Maritime Servicefor the new access to the Gold Coast Highway. The Gold Coast Council immediatelyadjoins to the north and consultation would also be required with that Council.

Part 4 - Community ConsultationPublic consultation will take place in accordance with a Gateway Determination to be madeby the Minister for Planning in accordance with Sections 56 & 57 of the EnvironmentalPlanning & Assessment Act 1979.

ConclusionThe site has been identified in the Tweed Urban and Employment Land Release Strategyas a site that has employment generating capacity. Under Tweed LEP 2000 the site iszoned 6(b) Open Space (Recreation) which does not permit the redevelopment of the sitefor employment generating purposes. The draft Tweed LEP 2012 retains a recreation zoneproposing a RE2 - Recreation Zone which does not facilitate the establishment ofemployment generating uses.

A Concept Masterplan has been prepared illustrating a possible redevelopment of the siteincluding a Bunnings warehouse, showrooms, tavern/liquor store, fast food outlets as a 2stage scheme, with the Border Park Raceway being retained in Stage 1.

This request for a Planning Proposal proposes a B7 - Business Park zone will permit a

broad range of land uses including those illustrated in the Concept Masterplan.

This report has demonstrated that a Planning Proposal would be consistent with local andregional strategies including:

. The Far North Coast Regional Strategy particularly in relation to keeping urbandevelopment within the existing urban footprint and contributing to the employmenttargets of the strategy.

. The Tweed Urban and Employment Land Release Strategy 2009 as the site isidentified as a potential employment area.

There are also a number of community benefits which will flow from the proposal including:

8

7.4

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Planning Proposal


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. Securing the future of the Boarder Park Raceway on the site.

. Creation of an opportunity for a future through site link between the Gold CoastHighway and Ourimbah Road, including a new signalised intersection. This will

improve accessibility for the Ourimbah Road industrial area and remove industrial

traffic that must currently use residential streets.

. Removing vehicular access from Binya Avenue.

. Facilitating the generation of employment.

. The ability to contribute to the local economy and support other industrial and

residential land uses in the locali$.

We therefore recommend to Council that consideration be given to proceeding with aPlanning Proposal to zone the site 87 - Business Park to permit a broad range of land

uses, including those in the Concept Plan, and to ensure the Border Park Raceway

remains as a permissible use.

Planning Proposal


1.2 Rural Zones

1.3 Mining, Petroleum Production andExtractive lndustries

1.4 Oyster Aquaculture

'1.5 Rural Lands

2. Environment and Her¡tage

2.1 Environment Protection Zones

2.2 Coastal Protection

2.3 Heritage Conservation

2.4 Recreation Vehicle Areas

3. Housing, lnftastructure and UrbanDevelopment

3.1 Residential Zones

3.2 Caravan Parks and Manufactured HomeEstates

3.3 Home Occupations


22

Appendix - Section 117 Directions

The Section 1 17 Directions apply when a local authority prepares a plann¡ng proposal.

1. Employment and Resouroes

1.1 Business and lndustrial Zones The Planning Proposal proposes a newBusiness zone and ¡t does not affect an existingor proposed Business zone. The Direction istherefore not applicable.

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

The objective of this direction is to implementthe principles in the NSW Coastal Policy.

A planning proposal must include provisionsthat give effect to and are consistent with:(a) the NSW Coastal Policy: A SustainableFuture for the New South Wales Coast 1997,and(b) the Coastal Design Guidelines 2003, and(c) the manual relating to the management ofthe coastline for the purposes of section 733 ofthe Local Government Act 1993 (the NSWCoastline Management Manual I 990).

Consistency with this Direction can be achievedby inserting appropriate clauses as notedabove. A Planning Proposal is capable ofconsistency.

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Section 117 Direction Comment

Section 117 D¡rection

Planning Proposal


3.4 lntegrating Land Use and Transport

3.5 Development Near Licensed Aerodromes

3.6 - Shooting Ranges

4. Hazard and Risk

4.1 Acid Sulfate Soils

4.2 Mine Subsidence and Unstable Land

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This direction applies when a relevant planningauthority prepares a Planning Proposal that willcreate, alter or remove a zone or a provisionrelating to urban land, including land zoned forresidential, business, industrial, village or touristpurposes.

A Planning Proposal must locate zones forurban purposes and include provisions that giveeffect to and are consistent with the aims,objectives and principles of:(a) lmproving Transport Choíce - Guidelines forplanning and development (DUAP 2001), and(b) Ihe R¡ght Place for Busrness and Services- Planning Policy (ÐUAP 2001).

Transport options are limited as there is nopublic bus service operating along the GoldCoast Highway and this would apply to anyrezon¡ng of land for urban purposes, not justthis Planning Proposal. Discussion on the RightPlace for Business is provided in Section 7.3.2.

The objectives of this direction are:(a) to ensure the effective and safe operation ofaerodromes, and(b) to ensure that their operation is notcompromised by development that constitutesan obstruct¡on, hazard or potential hazard toaircraft flying in the vicinity, and(c) to ensure development for residentialpurposes or human occupation, if situated onland within the Australian Noise ExposureForecast (ANEF) contours of between 20 and25, incorporates appropriate mitigationmeasures so that the development is notadversely affected by aircraft noise.

As discussed in Section 6.9 theseconsiderations should be readily achieved andTweed LEP 2000 already contains clausesaddressing this direction.

Not applicable

The objective of this direction is to avoidsignificant adverse environmental impacts fromthe use of land that has a probability ofcontaining acid sulfate soils. The Council'smapping indicates that the subject site isaffected by acid sulfate soils. Tweed LEP 2000already contains a clause requiring acidsulphate soils to be addressed at DA stage.This issue is capable of being managed throughthe DA process and achieve consistency withthe Direction.

Not applicable

Comment

Section 117 Direction

Planning Proposal


4.3 Flood Prone Land

4.4 Planning for Bushfire Protection

5. Regional Planning

5.1 lmplementation of Regional Strategies

5.2 Sydney Drinking Water Catchments

5.3 Farmland of State and RegionalSigniflcance on the NSW Far North Coast


24

(1) The objectives of this direction are:(a) to ensure that development of flood proneland is consistent with the NSW Govemment'sFlood Prone Land Policy and the principles ofthe Floodplain Development Manual 2005,and(b) to ensure that the provisions of an LEP onflood prone land is commensurate with floodhazard and includes consideration of thepotential flood impacts both on and off thesubject land.

Council interactive website mapping indicatesthat the site is partly flood affected in the southwestern corner of the site. The extent of theconstraint is minimal and a LEP alreadycontains appropriate provisions to be consistentwith the Direction.

The land is identified on Council's on-linemapping as being bushfire prone land.

The objectives of this direction are:(a) to protect life, properg and the environmentfrom bush fire hazards, by discouraging theestablishment of incompatible land uses in bushfire prone areas, and(b) to encourage sound management of bushfire prone areas.

Bushfire planning advice could be obtained toaccompany the Planning Proposal, but theconstraint should be capable of being managedat DA stage.

The Far North Coast Regional Strategy is theapplicable strategy which is discussed inSection 7.3.2 which concludes that the PlanningProposal is generally consistent with therelevant provisions of the Strategy.

Not applicable

Not applicable

Gomment

Planning Proposal


5.4 Commercial and Retail Development alongthe Pacific Highway, North Coast

Note: The site fronts the Gold Coast Highway(not the Pacific Highway). Despite the namechange, the intent of the Direction is consideredto still apply.

5.5 Development in the vicinity of Ellalong,Paxton and Millfield (Cessnock LGA)

5.6 Sydney to Canberra Corridor

5.7 Central Coast

5.8 Second Sydney Airport: Badgerys Creek

6. Local Plan Making

6.1 Approval and Referral Requirements

6.2 Reserving Land for Public Purposes

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This Direction applies and requires (in thisinstance) that a planning proposal that appliesto land located on 'within town' segments of thePacific Highway must provide that:(a) new commercial or retail development mustbe concentrated within distinct centres ratherthan spread along the highway,(b) development with frontage to the PacificHighway must consider the impact thedevelopment has on the safeÇ and efficiency ofthe highway.(c) For the purposes of this paragraph, \vithintown" means areas which, prior to the draftlocal environmental plan, have an urban zone(e.9.: "village", "residential", "tourisf,"commercial', "industrial", etc.) and where thePacific Highway speed limit is less than80km/hour.

The site ¡s located within the existing urbanfootprint of Tweed Heads and w¡ll form anextension of the existing indushial areaimmediately to the south to achieve consistencywith paragraph (a).

Section 6.3 has discussed traffic and accessissues demonstrating that consistency withparagraph (b) is capable of being achieved.

Revoked 1 I June 201 0

Revoked 10 July 2008. See Direction 5.1


Not applicable

Capable of consistency

The Planning Proposal would not involve thereservation of land for public purposes. Notapplicable



Planning Proposal


6.3 Site Specifìc Provisions

7. Metropolitan Planning

7.1 lmplementation of the MetropolitanStrategy


26

A planning proposal that will amend anotherenvironmental planning instrument in order toallow a particular development proposa¡ to becarried out must either:(a) allow that land use to be carried out in thezone the land is situated on, or(b) rezone the site to an existing zone alreadyapplying in the environmental planninginstrument that allows that land use withoutimposing any development standards orrequirements in addition to those alreadycontained in that zone, or(c) allow that land use on the relevant landwithout imposing any development standards orrequirements in addition to those alreadycontained in the principal environmentalplanning instrument being amended.

The Planning Proposal involves rezoning thesite. ln this instance the proposed 87 zone is azone used in the draft Tweed LEP 2012 (astandard instrument LEP). This is consistentwith the future LEP.

ln order to ensure the Border Park Raceway ispermissible, then the Planning Proposal couldeither identify recreation facilities (major) as apermissible land use in the 87 zone or if this isnot supported for all 87 zoned areas, thenrc¡raalinn fa¡ilifiac /mainr\ ¡nr rl¡l ha i¡lanfifia¡l

as an additional permitted land use for the site.ln either case the approach will be consistentwith the Direction.

Not applicable.

Gomment

^rdÞ\l

plandry corn¡lbnB

APPENDIX A

Council Reference:Your Reference:

GTl/LEP/2OOOemall of 17 JuJy 2012 TWEED

24 July 2012

SHIRE COUNCIL

Customer Servlce | 1300 2SZB72 | (02) 6670 2400

tsc@[veed.nsv'l gov au

www.tweed,nsw.gouau

Fax (02) 6670 2429

P0 Bor 81 6

Mun,/illumbah NSW 2484

Please addrB$ a1l æmnurbatbrs10 the Geærâl Àlânåge¡

ABN] S0 178 732 496

Bunnings Group Limited11 Shirley Street

RECilVTD 2: JUL ZCtzROSEHILL NSW 2142

Dear Philip

Border Park Raceway s¡te - Response to Preliminary Discussion

Thank you for the oppottunity to review preliminary concepts and discuss traffic andother matters associated with your draft proposal for construction of a Bunnings storeand reduced scale raceway on the Border Park Raceway site at Tweed Heads.

It is understood that the concept as presented was a prelim¡nary draft for discussionpurposes only but proved to be very useful in understanding your intentions, and hasaided in preparing the following response.

While Council applauds the desire to develop what is a critical site within the Shire a-,,-L^-^¡!^^. --:--J -^^L-

.^--^r!.-----L!-t- --¡-¡ ¡'¡ - ¡-iluiltuul ut lsÈruEs wcre tarsgrJ 4il, Lf te rfteeurìg wntcn we woulq llKe Io rg¡Igralg.

Strategic significance of the site

As you have recognised, it is difficult to find large, relatively unconstrained andundeveloped sites in the Tweed. This site also represents a major opportunity tocapitalise on the locational advantages of proximity to South East Queensland,regional ínfrastructure such as Gold Coast Airport and Southem Cross University,apart from the exposure afforded fronting the Gold Coast Highway. As such, theability of any development to present a 'best and highest' outcome consistent with theemployment generating expectations of the Tweed Urban and Employment LandRelease Strategy will be keenly sought.

While it is now understood that your preference is for a 'standalone' developmentconsisting solely of a Bunnings store fronting the Gold Coast Highway and reducedscale raceway occupying the remainder of the site, concern has been raised aboutthe strategic planning benefits of coexisting with the raceway as the sole additionaluse of the site, without consideration of the opportunity for other development tooccupy the site as pañ of a major employment generating development.

Branding and exposure ar:e recognised as a feature of Bunnings marketing strategy;however, for this site, linear development which consumes the entire road frontageand eliminates the potential to maximise development opportunities for the majority ofthe site and does not consider the strategic significance of the site for additional usesis not considered to be the 'best and highest' use of the site.

I

I

Raceway relocation and funding

As already mentioned, the matter of the longer term viability of the Raceway on thissíte needs to be further considered, in light of the opportunity for relocation toMurwillumbah as discussed. There is also a need to consider how previous fundingarrangements for the development of the Raceway will be managed as part of anyrelocation within the Tweed.

lntegration of landuses and infrastructure

While concept plans typically emphasise the site-specific intentions of thedevelopment, consideration of the strategic impoftance of the site and its linkageswith important regional infrastructure and nearby development, and integration as partof the broader local road network does not appear to have been considered.

Maximising the benefits of a signalised intersection on the Gold Coast Highwayshould form part of any proposal for development of the site. Notwithstanding yourintention for a 'standalone' development and our desire to see the remainder of thesite better utilised, the site presents a number of opportunities to connect with thelocal road network as part of a broader strategic perspective for development of thesite and support of surrounding landuses.

The ability of the site to link with lndustrial development in Ourimbah Road to thesouth and across the border into the residential road network in Queensland have notbeen considered but would be important considerations in justifying an intersectioninto the site. Such linkages may not occur immediately; howeveç concept plansshould identify reservations for this purpose.

While Council is appreciative of your approach and is keen to see the site developed,your preliminary proposal has not addressed the strategic significance of the site,both its location and potential employment generating opportunities, and has notappreciated the need for the site to be integrated with the surrounding landuses androad network.

Council remains supportive of any attempts to see this and other sites in the Shiredeveloped to a 'best and highest' use which facilitates economic development andemployment opportunities for residents of the Tweed and would encourage you toconsider the matters raised above in any further opportunities you may see for thesite.

Should you wish to discuss this or other mafters further please do not hesitate tocontact me on (02) 6670 2457, or by email at [email protected].

Yours faithfully

Q .lînlonsdateCOORDINATOR PLANNING REFORM

Page2ol2

Council Reterence: GT1rLEPr2000Your Reference:

31 October2012

Mr Philip DrewBunnings Group LimitedLocked Bag 30

GRANVILLE NSW 2142

o

a

R.ECEIVF-D t : i'ilÏ,.i?TWEEDSHIRE COUNCIL

customer sorvlc,o | 1300 292 872 | (02) 6670 2400

[email protected],gov.au

wunr,lwee d,nsw. g ov.au

Fax (m) 6670 2429

P0 Box 81 6

Murwlllumbah NSW 2484

Pl€æ addrN all mmunhâllonslo lhe 6€nerd t'rðìagtr

Dear Philip,

Border Park Raceway s¡te - Development Proposal for a BunningsHardware and Building Supplies Premises - Response to meetingof Wednesday l7 October 2012

Thank you for taking the time, along with other Bunning's representatives and thoseof the landowner, to further meet w¡th Council staff about progressing a potentialrezoning of the site. Please note that this response should be read in conjunctionwith my earlier letter of 24 July 2012.

The main thrust of our v¡ews regarding the potential future rezon¡ng and development-! rr^ ^ -Ir^ -^^. . L - ^..--^-?-^l ^^.o¡ tne l;l[e ]Ilay ue uullllllallst,u aÐ,

a

The site is strategically significant, ow¡ng largely to its proximity to the PacificHighway, aviation, future planned rail and education infrastructure,employment resources and from a development / construction perspective isrelatively unconstrained. lt follows that Council shouJd use its best endeavoursto ensure that any future development is such that it requires, relates and cancapitalise on these unique attributes, particularly as this site represents as acomparatively rare opportunity within the Tweed.

lmplicit in optimising the site's potential is managing reasonable expectationsfor the long-term coordinated development of the site, which should havegenuine regard for the probable likelihood of the current recreationestablishment relocating wholly off-site in the medium-term future; and,

Ensuring that any future traffic management scenario and works are designedto accommodate, as far as practicable and reasonable, the integration of thissite into the surrounding network with a view to providing a public net benefit.

ln response to the first two points above we acknowledge the concept plans preparedby the Buchan Group for the staged development of the site and the BunningsGroup's response to previous concems regarding the building's alignment, with thecurrent conceptual layout now orientating buildings along a more favourableperpendicular axis to the highway frontage. We also acknowledge the concept andsiting of other potential uses on the site and their purpose in demonstrating how thesite could be developed to further integrate additÍonal development and to potentially

offset the negative aesthetic appearance associated with large warehouse styleddevelopment.

TIIIIEEDSHIRE COUNCIL

Architecturaltreatment of future development integrated within an appropriatelandscape design to create a vibrant and attractive urban environment will beessential. lndicative design plans, particularly addressing the building's facade andcar park design / treatment, forthe Bunnings development will likely be requested insupport of any planning proposal.

ln regard to the traffic issues discussed, from our perspective these have beenadequately articulated in my earlier letter. They remain for you to investigate withyour traffic engineering consultant when preparing a report in support of a planningproposal.

The critical traffic issue from the Council office/s point of view, to reiterate for yourbenefit, is that our support for a new intersection on the Old Gold CoasUPacificHighway is largely contingent on there being provision and evaluation of theextension of Ourimbah Road into this site. This will not likely result in a requirementfor the road to be constructed as part of the initial Stage 1 development, insteadCouncil may rely upon an indicative masterplan incorporating the prefened roaddesign and connections as the means for including the Ourimbah Road extension inits Tweed Roads Contributions Plan. This will enabb Councilto collect contributionstoward the cost of acquisition and construction of the extension should it be requiredas part of the Stage 2 development, comprising the remainder of the site.

ln regard to the lodgement of any planning proposal for the site we would expect thatany such request would be based upon the rezoning of the entire site. We are opento receiving a planning proposal request at your convenience and on the basis thatwe will utilise an external consultancy to undertake the planning proposal on a fee forservice basis.

The planning proposal request need not and should not be overly burdened byplanning studies at first instance. Please refer to the Department of Planning andInfrastructure's relevant guidelines for preparing a proposal. Any additional planninginvestigations / studies will be identified during the course of preliminaryconsiderations and will form the basis of a Memorandum of Understanding for theirpreparation should Council resolve to amend its Local Environmental Plan.

Please do not hesitate to contact me directly should you have any queries in thismatter.

I look forward to speakíng with you further as the proposal progresses.

Yours faithfully

lain LonsdaleCOORDINATOR, PLANNING REFORM UNIT

Page2ol2

\rldrnilU consulbnB

APPENDIX B

LEGEND

[J LOn Boundary + Railway Line

Cadastre I WatercourseAreas

Potential Employment Lands

Area deleted from the Strategy

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1:25,000 forA4061&@5707ú

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Grid: N.1ap Grd ofAustralb, Zon€ 56

Tweed Shire CouncilTweed Employment Lands Strategy

c¡ENrs pFoprF pFFFoFMANcF Potential Employment LandsTweed Heads West28 lJanuarv 2oog

job no.rev no.

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1. lrurRooucnoN

This report has been prepared to provide a preliminary traffic impact assessment in

relation to the proposed rezoning to enable development of a new 'warehouse' outlet

within a future mixed use complex on the Border Park Raceway site on Gold Coast

Highway at Tweed Heads (Figure 1).

The Border Park site is located just to the south of the Queensland border with

frontage to what was previously the Pacific Highway (National Route 1). With the

opening of the Tugun Bypass this roadway has reverted to the Gold Coast Highway

arterial route. The Border Park site is identified in Councils Employment Lands

Strategy as a valuable asset for redevelopment and a proposal was prepared in

2010 for redevelopment of the site for a mixed use retail, commercial and residential

precinct.

The potential new development proposal involves a large format contemporary

Bunnings outlet on the north western part of the site and a revised raceway facility

with a bulky goods showroom and liquor store on the remainder of the site. Aprincipal element of the scheme would be the provision of a new traffic signal

controlled access intersection on the Gold Coast Highway.

Page | 1

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*

2. SrrE, Gonrexr AND Exlsrlruc Use

The Border Park Raceway site in a consolidation of Lot21 in DP518902 and Lot 644

in DP755740 (Figure 2) occupying a total area of some 11 ha with extensive

frontages to the eastern side of Gold Coast Highway and Binya Avenue (although

the only vehicle access at present is through Binya Avenue). The surrounding

landuses comprise:

* Gold Coast Airport on the western side of the highway

the residential dwellings along Binya Avenue and the eastern and southern

sides of the site

* the industrial uses adjoining to the south along the highway

* the caravan park just to the north

* the Coolangatta Centre just to the east

The existing oval race track occupies the central and southern part of the site with a

grand stand adjoining the northern side. Open car parking and ancillary buildings

are located in the northern part with vehicle access located on Binya Avenue in the

eastern part of the site. Parking surveys undertaken at a November race meeting

revealed a peak Saturday afternoon parking demand of some 50 cars.

It is apparent that sections of the original total site have previously been subdivided

off and sold for industrial and resident uses.

Page12

Sre

Frc2

Lece¡¡o

Tnensponr euo Tnnrrrc Pttuuwa Assocurts

3. Pneuous DEVELoPMENT Scneue

ln 2010 Landsolve proposed a mixed use development of the entire site and a

conceptual scheme was identified principally for the purpose of assessing the traffic

implications. The scheme comprised:

It was proposed that vehicle access for the retail and commercial development would

be located on the Gold Coast Highway frontage while the access for residential

development would be on Binya Avenue. The projected moming and afternoon peak

access movements at the Gold Coast Highway access as identified in the Traffic

lmpact Assessmentx were as follows:

Retail (Bulky Goods)

Commercial (Office)

Residential

RT IN

LT IN

RT OUT

LT OUT

TOTAL

Tweed Border Park Access AdyiceBitzios Consulting December 2010

44,000m2

14,696m2

29,304m2

PM

63

95

379

252

789

AM

252

379

95

63

789

The assessed operational performance of the proposed Gold Coast Highway access

intersection even with the projected 2020 peak traffic volumes was quite satisfactory

as follows:

AM PM

LOS AVD LOS AVD

A 7.6 B 17.5

Page | 3

Tatusponr euo Tnerrrc PI¡NMNG AssoctATEs

The Bitzios report was submitted to RMS and the issue of a potential requirement for

other future access on the highway was raised. The minutes of the meeting with

RMS repofted that they (RMS) "would be able to provide approval in principle (for

tfiis access) when it was resolved that the airport would not require another access"

(other than at the proposed intersection). Gold Coast Airport by letter dated 7.9.11

advised that "rT was unlikely on current planning that it would ever require a new

access on Gold Coasf Highway however it wished to retain the option for access

potential as a foutth arm to the proposed intersection" (ie satisfying the RMS

requirement.

RMS subsequently advised Council and the proponent that any formal confirmation

of consent in principle for the proposed access would await Council's confirmation

that development of the land was acceptable.

Page | 4

Tn¡usponr tuo Tntrrrc Ptenuwo AssoctATEs

4. EIrIv¡sRcED DEVELoPMENT

The envisaged development (See concept plan overleaf) comprises

construction of a new large format Bunnings outlet on the north western part of

the site involving:

*

Main Warehouse

Nursery/Bagged Goods

Timber Trade

Total

11,300m2

3,250m2

4,390m2

18,940m2

*

*

* construction of a small bulky goods showroom element with some 2,000m2

GFA.

construction of a Liquor Store of some 1,200m2

retention of the remaining eastern paft of the site for a revised racetrack facility

provision of a total of some 591 parking spaces in a number of areas across the

site

provision of principal access road with a new traffic signal controlled access

intersection on Gold Coast Highway located towards the southern part of the

site frontage (with right and left turn bays for ingress) and a potential direct left

turn only ingress with deceleration lane. This access option may be pursued at

a later DA stage (subject to the provision of further detail)

provision of an access road connection southwards from the principal access

road which would enable the future opportunity (subject to acquisition of part of

an adjoining site) to achieve a vehicle link to Ourimbah Road as a public road

connection through to Gold Coast Highway

*

rl.

*

Page | 5

ExtsttN6

CABS

474

40

77

GARPARK RATE

2.5 CARS / 100 m,

2 CARS / 100 m,

AREA

18,940 m'

2,000 m'?

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5.380 m,

10,130 m'

SIIE AREAS IAPPROXI

SITE AREA (BUNNINGS)

SITE AREA (RACEWAY)

slTE AREA (SH0WR00M)

SITE AREA (FUTURE DEVELOPI\4ENT)

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CARPARK RATE

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2 CARS / 100 m,

5 CARS / 100 m,

5 CARS / 100 m,

AREA

1 8,940 m,

17,530 m,

1 ,200 m,

830 m,

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Frc 3

Tn ausponr tuo Tnernc Ptnuuwe AssoctATEs

5. Rono NerwonK AND TRRrnc GoruornoNs

,*

The road network comprises

The Pacific Highway (National Routel) - the interstate arterial route which

crosses the Tweed River then turns west along the southern edge of the Airport

(Tugun Bypass)

* The Gold Coasf Highway - an arterial route which extends northerly from the

Pacific Highway along the eastern edge of the Airport then parallel to the

shoreline

,lc Musgrave street/Marine Parade - a major collector route connecting between

Gold Coast Highway and Tweed Heads Centre

Kennedy Drive - a major collector route along the northern side of the river

interchanging with Pacific Highway

* Coolangatta Road/Miles StreeilDucat Streef - a collector road route connecting

between Musgrave Street and Kennedy Drive

*

The Gold Coast Highway in the vicinity of the site comprises 2 lanes in each

direction divided by a wide median island with an 80 kmph speed limit. The road is

straight and level with sealed shoulders although the road pavement is in asubstandard cond ition.

The other traffic control considerations along the highway include the traffic signal

controlled intersections at the Tugun Bypass interchange and the new intersection

for the Southern Cross University Campus located just south of the Musgrave Street

overpass (some 600m north of the Border Park Raceway site).

Page | 6

Tne¡,tsponr euo Tmrrrc Pt¿u¡wne AssoctATEs

Surveys of existing Liquor Stores (eg Dan Murphys) have established a peak traffic

generation criteria of some 20 vtph per 100m2 for the weekday evening and

Saturday Midday periods. The surveys also reveal that the "retail area" is only some

65% of the total floor area and the envisaged Liquor outlet of 1,200m2 will therefore

have some 780m2 of retail area and a peak traffic generation of some 160 vtph.

The projected total traffic generation (vtph) of the envisaged new uses on the site are

as follows:

Bunnings

Bulky Goods

Liquor Store

Total

AM

114

114

PM

388

22

160

570

WE MD

600

42

160

802

The factors which will act to mitigate the actual additional traffic generated by theanr¡icana¡{ ¡larralanmon{ an tha ai{a ar^.vr¡Yreqvvw vvYvtvPtttvttt vtt Ltt9 Ðl(ç €ltg,

"passing trade" - traffic (future customers) already passing the site along Gold

Coast Highway

"dual trips" - customers patronising more than one element of the development

Relevant passing trade factors are:

*

*

An established dual visitation factor is 20% and application of these factors would

indicate the following additional traffic outcome:

AM

10o/o

AM

102

PM

30o/o

PM

320

WE MD

25o/o

WE MD

480

Page | 9

Tm¡,tsponr nuo Tnerrrc Ptluuwe AssoctATEs

The existing raceway has a peak parking accumulation of some 50 cars on Saturday

afternoons with peak traffic generation of some 30 vtph (lN before Midday / OUT

after 5pm)

The projected distribution of generated trips is 60% to/from the north and 40o/o

toifrom the south and when applied to the ingress/egress characteristics the

projected total access movements (with the existing raceway movements) would be

as follows:

RT IN

LT IN

RT OUT

LT OUT

(

AM PM WE MD

23 (252) e2 (63) 142 ( - )

34 (37e) 136 (e5) 205 ( - )

34 (e5) 136 (37e) 1e4 ( - )

28 (63) e2 (252) 131 ( - )

) Movements projected by Bitzios for previous scheme

It is quite apparent that the envisaged Bunnings development would have a

significantly lower impact on the traffic flows along Gold Coast Highway than the

previous envisaged development scheme for the weekday morning and afternoon

peak periods. Whilst the now envisaged development will have a significant

weekend traffic generation the traffic flows along Gold Coast Highway at this time

are significantly less than during the weekday peak periods.

ln relation to the potential traffic outcome if the through connection to Orimbah Road

eventuates the following is relevant:

* during the weekday morning peak when the industrial traffic would ingress,

there will only be relatively minor traffic generated by the envisaged

development on the site

during the weekend period when the envisaged development on the site will

have its peak generation, there will be very little generation form the industrial

area

*

Page | 10

Tntusponr tuo Tmrnc Ptenuwo AssoctATEs

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Ferso¡rbsedTrþs- Site Peak Hour- Vehicle Neùvork AÀl Peak- Vehicle Net¡rrork PM FeakÐailyTotal Person Trips

Vehblebased T@s- Site Peak Hour- NetworltAlvlPeaÌr

- Network PMPeakDa¡lyTotal LVTripsDa¡lyTotal HVTripsDaify Total Vehicle TripsPeak Parking Aco.r m u lation

Table 32 Trips Rate Summary - Haröaare,,Dly

Tmuspoar eup Tn¿rrtc Pteu¡twe AssoctATEs

1a,\'r!.,| ¡rr rr(.liiÞX {s

BITw€erl Borrfcr P¿rkAccoss Advire

3.4

' for the vehicles exiting Border Park, 60% will head towards the Gold Coast (1,e. lum right) and ¡10% ttill

head towards Tweed (1,e. tum left); and

' for the vehideE entering the site, 6070 will anive from Gold Coast (i.e. tum left inlo lhe acræss mad)

and 40o/o will arive from Tweed (i.e, tum dght into the access road).

Desrcn TRn¡nc Volumes

The year 2010 and 2020 design traflic r¡olumes (i,e, development çnerated traffc + bækground haflic

volumes) are shown in Figure 3.1 and tþure 3.2 respectively.

2010AM Peel P€rlod 2010 PM PÊ¡¡ Perlod

Gold Corrt l0lhì'rdycold Co¡rt Hlghw¡y

761 95

0ordcrPr,k EordÊrPrtk

472 379

shfrF È,,

$- 63

DÊv¿fo¡trrnt !ccr¡¡ ÊP48õ 63

ûF653 63

t-r

È=r

Oavëlopmer¡tr((€r¡

67 2s2379

2r2

Flgure 3.1: 2010 Traffíc Volumes

2o¡oAM Pèrk Pcrlod

Gold (oðit Hl¡ñ(rðy

ã¡¿0 PM Pe¡k Perlod

Gold CÐà¡t Htórvr7

1022 95

0ordG¡Prr*OevcloDmEntðrEe$

Dord¡r P¡rkOËvrloFmanta(rÊ3¡

Figure 3.2: 2020 Traffic Volumos

A heavy vehicle proportion of 4,5% was used for lhe Gold Coast Highway thmugh movements (wlrich was

lhe percentaç supplied in the 2008 DTMR faffic counts) - lhis value was assumed to remain the same foryear 2020 as uell.

6U t79

$bû-$-

95

637'2û

861

379

252

PaUe 5


Planning Proposal


3.4 lntegrating Land Use and Transport

3.5 Development Near Licensed Aerodromes

3.6 - Shooting Ranges

4. Haza¡d and Risk

4.1 Acid Sulfate Soils

4.2 Mine Subsidence and Unstable Land

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This direction applies when a relevant planningauthority prepares a Planning Proposal that willcreate, alter or remove a zone or a provisionrelating to urban land, including land zoned forresidential, business, industrial, village or touristpurposes.

A Planning Proposal must locate zones forurban purposes and include provisions that giveeffect to and are consistent with the aims,objectives and principles of:(al lmproving Transpoft Choice - Guidelines forplanning and developmenf (DUAP 2001), and(b) Ihe Right Place for Eusrness and Services- Plann¡ng Policy (DUAP 2001).

Transport options are limited as there is nopublic bus service operating along the GoldCoast Highway and this would apply to anyrezoning of land for urban purposes, not justthis Planning Proposal. Discussion on the RightPlace for Business is provided in Section 7.3.2.

The objectives of this direction are:(a) to ensure the effective and safe operation ofaerodromes, and(b) to ensure that their operation is notcompromised by development that constitutesan obstruction, hazard or potential hazard toaircraft flying in the vicinitv, and(c) to ensure development for residentialpurposes or human occupation, if situated onland within the Australian Noise ExposureForecast (ANEF) contours of between 20 and25, incorporates appropriate mitigationmeasures so that the development is notadversely affected by aircraft noise.

As discussed in Section 6.9 theseconsiderations should be readily achieved andTweed LEP 2000 already contains clausesaddressing this direction.

Not applicable

The objective of this direction is to avoidsignificant adverse environmental impacts fromthe use of land that has a probability ofcontaining acid sulfate soils. The Council'smapping indicates that the subject site isaffected by acid sulfate soils. Tweed LEP 2000already contains a clause requiring acidsulphate soils to be addressed at DA stage.This issue is capable of being managed throughthe DA process and achieve consistency w¡ththe Direction.

Not applicable

Gomment


Planning Proposal


4.3 Flood Prone Land

4.4 Planning for Bushfire Protection

5. Regional Planning

5.1 lmplementation of Regional Strategies

5.2 Sydney Drinking Water Catchments

5.3 Farmland of State and RegionalSignificance on the NSW Far North Coast


24

(1) The objectives of this direction are:(a) to ensure that development of flood proneland is consistent with the NSW Govemment'sFlood Prone Land Policy and the principles ofthe Floodplain Development Manual 2005,and(b) to ensure that the provisions of an LEP onflood prone land is commensurate w¡th floodhazard and includes consideration of thepotential flood impacts both on and off thesubject land.

Council interactive website ma pping indicatesthat the site is partly flood affected in the southwestern corner of the site. The extent of theconstraint is minimal and a LEP alreadycontains appropriate provisions to be consistentwith the Direction.

The land is identified on Council's onlinemapping as being bushfire prone land.

The objectives of this direction are:(a) to protect life, property and the environmentfrom bush fire hazards, by discouraging theestablishment of incompatible land uses in bushfire prone areas, and(b) to encourage sound managementofbushfire prone areas.

Bushfire planning advice could be obtained toaccompany the Planning Proposal, but theconstraint should be capable of being managedat DA stage.

The Far North Coast Regional Strategy is theapplicable strategy which is discussed inSection 7.3.2 which concludes that the PlanningProposal is generally consistent with therelevant provisions of the Strategy.

Not applicable

Not applicable

Comment


Planning Proposal


5.4 Commercial and Retail Development alongthe Pacific Highway, North Coast

Note: The site fronts the Gold Coast Highway(not the Pacific Highway). Despite the namechange, the intent of the Direction is consideredto still apply.

5.5 Development in the vicinity of Ellalong,Paxton and Millfield (Cessnock LGA)

5.6 Sydney to Canberra Corridor

5.7 Central Coast

5.8 Second Sydney Airport: Badgerys Creek

6. Local Plan Making

6.1 Approval and Referral Requirements

6.2 Reserving Land for Public Purposes

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This Direction applies and requires (in thisinstance) that a planning proposal that appliesto land located on "within town" segments of thePacific Highway must provide that:(a) new commercial or retail development mustbe concentrated within distinct centres ratherthan spread along the highway,(b) development with frontage to the PacificHighway must consider the impact thedevelopment has on the safety and efficiency ofthe highway.(c) For the purposes of this paragraph, "withintown" means areas which, prior to the draftlocal environmental plan, have an urban zone(e.9.: "village", "residential", "tourist","commercial", "industrial", etc.) and where thePacific Highway speed limit is less than80km/hour.

The site is located within the existing urbanfootprint of Tweed Heads and will form anextension of the existing indushial areaimmediately to the south to achieve consistencywith paragraph (a).

Section 6.3 has discussed traffic and accessissues demonstrating that consistency withparagraph (b) is capable of being achieved.

Revoked 18 June 2010



Not applicable

Capable of consistency

The Planning Proposal would not involve thereservation of land for public purposes. Notapplicable

Comment

Planning Proposal


6.3 Site Specific Provisions

7. Metropolitan Planning

7.1 lmplementation of the MetropolitanStrategy

A planning proposal that will amend anotherenvironmental planning instrument in order toallow a particular development proposal to becarried out must either:(a) allow that land use to be canied out in thezone the land is situated on, or(b) rezone the site to an existing zone alreadyapplying in the environmental planninginskument that allows that land use withoutimposing any development standards orrequirements in addition to those alreadycontained in that zone, or(c) allow that land use on the relevant landwithout imposing any development standards orrequirements in addition to those alreadycontained in the principal environmentalplanning instrument being amended.

The Planning Proposal involves rezoning thesite. In this instance the proposed 87 zone is azone used in the draft Tweed LEP 2012 (astandard instrument LEP). This is consistentwith the future LEP.

ln order to ensure the Border Park Raceway ispermissible, then the Planning Proposal couldeither identify recreation facilities (major) as apermissible land use in the 87 zone or if this isnot supported for all 87 zoned areas, thenrecreation facilities (major) could be identifìedas an additional permitted land use for the site.ln either case the approach will be consistentwith the Direction.

Not applicable


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Documents

Attach 1 [PR-CM] Border Park Raceway Planning Proposal ... · Planning Proposal Border Park Raceway, Gold Goast Highway, Tweed Heads 2.2 Don Fox Planning I I February2013 PIPROJECTS\835ôB