21 C
Byron Shire
March 28, 2024

Tweed council reverses approval for dual-use tourist units

Latest News

Splendour 2024 cancelled

It's official, Splendour in the Grass 2024 has been cancelled.

Other News

Floodplains

We need a serious talk about development on floodplains with more creativity and sophistication. The recent discussion about development...

Safety and preparation saves lives on the water

A large number of boaters are expected to hit the water over the Easter long weekend and Marine Rescue NSW is reminding boaters to be prepared and log on to the Marine Rescue NSW app.

Democracy on the ropes?

The ancient idea of democracy is under threat around the world. Today, there are only 63 democracies compared to 74 autocracies, and many of these democracies are highly problematic.

Way of the dog

One of the more disappointing aspects of the decline of Byron Bay, and I have a long list, is...

Peter Garrett gives Bluesfest the nod

If I say the words ‘US Forces give the nod’, I can pretty much guarantee that you will hear the unmistakable voice of Peter Garrett ringing in your ears. Your head may even start to bob up and down a bit. 

Mullum pods

They look so uninviting and dismal. It would not cost a lot to change the name to ‘tiny homes’...

The location of the Peppers Bale tourist unit block at the Salt development south of Kingscliff..
The location of the Peppers Bale tourist unit block at the Salt development south of Kingscliff..

Luis Feliu

Tweed Shire Council has admitted it was beyond its legal power to allow a block of 42 tourist units at the Salt development south of Kingscliff to be used both for tourist and permanent residential accommodation.

A refusal last September of the dual-use purpose for the Peppers Bale block of units was rescinded earlier this month, but that in turn was overturned in an unprecedented move dealt with as an urgency motion by councillors behind closed doors at an extraordinary meeting last Thursday.

The owners of the units in Bells Boulevarde in the tourist precinct of Salt were probably still celebrating a successful yet narrow 4-2 vote in the rescission motion on 5 February (led by pro-development Crs Carolyn Byrne and Warren Polglase, supported by Crs Barry Longland and Phil Youngblutt), which overturned last September’s refusal by council to allow the change to dual-use of the three-storey unit block on the beachfront.

But it’s understood the rescission set the cat among the pigeons for other surrounding tourist-unit owners and council was warned it was illegal to have dual-use accommodation in that zone.

As a result, last Thursday Crs Longland and Youngblutt changed their mind on the issue and, with mayor Gary Bagnall and Cr Katie Milne, decided in confidential session to heed the advice of chief planner Vince Connell and general manager Troy Green that the rescission motion was invalid (Crs Polglase and Carolyn Byrne voted against, Cr Armstrong absent).

The latest resolution ‘notes that the purported approval on 5 February’ was ‘beyond power and wishes to correct the public record’ and that the dual-use proposal  ‘remains determined by way of refusal, as per Council’s original resolution of 4 September 2014’.

It also meant council has to notify ‘all relevant parties of its error and clarifies’ that the development application for dual use ‘remains determined by way of refusal’.

In his report to council last September recommending refusal, chief planner Vince Connell said the site was zoned 2(f) Tourism under the Tweed Local Environmental Plan (LEP) when the application for the dual use of the two and three-bedroom units was originally made, a zoning which allowed residential development in the form of multi-dwelling housing which ‘supported the main tourism function of the zone’.

But Mr Connell said the draft LEP 2012 (now LEP 2014) rezoned the site to SP 3-Tourist, thus prohibiting any form of permanent ‘residential accommodation’.

‘Though LEP 2014 was in draft form at the time the application was submitted, its subsequent gazettal on 4 April 2014 has removed any uncertainty regarding the introduction of its provisions,’ Mr Connell said.

Mr Connell at the time said the strata-plan unit owner, Midpit Pty Ltd, had ‘not demonstrated that there is a wider
benefit (wider than economic gain for individual lot owners) to the application in terms of the proposed residential use supporting the tourist function of the zone’.

He said ‘approval of the proposed development is considered to constitute an undesirable precedent’ whereby ‘existing tourist facilities are eroded piecemeal through the Development Application process without any strategic review of the overall impact of such changes’.

The new SP3 Tourist zone now in force Mr Connell said required optimising the amenity of the units with ‘appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility’.

Mr Connell said that on this basis, council planners also had concerns about the suitability of the conversion of the tourist units for permanent residential accommodation.

He said the owner contended the new use would be ‘a logical development of the site with the members of the strata corporation currently unable to sustain business purely on tourist trade alone’.

‘The change of use allows for the property and existing structures to be used for both tourist accommodation as well as permanent residency. As a result of the proposal, vital support will be lent to the subject and adjoining tourist accommodation and facilities. Flexible use will help invigorate the central Salt tourist precinct,’ Mr Connell said.

An aerial view of the block of units. Images Tweed Shire Council.
An aerial view of the block of units. Images Tweed Shire Council.


Support The Echo

Keeping the community together and the community voice loud and clear is what The Echo is about. More than ever we need your help to keep this voice alive and thriving in the community.

Like all businesses we are struggling to keep food on the table of all our local and hard working journalists, artists, sales, delivery and drudges who keep the news coming out to you both in the newspaper and online. If you can spare a few dollars a week – or maybe more – we would appreciate all the support you are able to give to keep the voice of independent, local journalism alive.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

We just love him!

If you’re over 50 you might not be a fan of Tom Jones, but you can bet your mum is. If you’re under 40 you might not even know who he is, but your grandmother probably wet her pants at the mere mention of his name.

Peter Garrett gives Bluesfest the nod

If I say the words ‘US Forces give the nod’, I can pretty much guarantee that you will hear the unmistakable voice of Peter Garrett ringing in your ears. Your head may even start to bob up and down a bit. 

Save Wallum finalist in NSW 2024 environment awards

The Save Wallum campaign has been named as a finalist in the Nature Conservation Council of NSW Environment Awards 2024. The award ceremony will be held in Sydney tonight, and Save Wallum spokesperson and ecologist James Barrie will be attending with Tegan Kitt, another founding member of the group.

New report highlights gaps in rural and remote health

The second annual Royal Flying Doctor Service ‘Best for the Bush, Rural and remote Health Base Line’ report has just been released. Presenting the latest data on the health of rural and remote Australians and evidence on service gaps, it identifies issues in urgent need of attention from service providers, funders, partners and policy makers.