A long-awaited state government plan that will shape the future development from Tweed Heads to Port Macquarie was released last Thursday, signalling a modest rise in housing stock for Byron Shire to 3,150 new dwellings by 2036.
NSW planning minister Anthony Roberts (Liberal) announced the North Coast Regional Plan 2036, and enthused in the introduction, ‘More than 12 million people visit the region each year, making it also one of the great tourist attractions of the nation.’
The 96-page glossy document and its implementation plan will be incorporated into the council’s planning ‘instruments,’ and play a significant role in how the future of the region is developed.
Like the previous draft plan, roads and airports feature heavily while railways do not. The report claims an estimated 83 per cent freight increase will barrel down the highways between 2013 and 2031.
And like the draft plan, Byron Shire does not feature prominently in the final report, despite it saying ‘Byron Shire is one of Australia’s most visited local government areas.’
A suggestion in the draft to open up the region to fracking was widely condemned; however, the final report makes it clear that there will be no CSG industry developed for the north coast.
Lovely words
Greens mayor Simon Richardson told The Echo, ‘Like expected, it’s all about the highway [and] all about lovely words. Only West Byron was mentioned [in relation to Byron Shire].’
But the mayor appeared encouraged by the plan’s aim to ‘diversify the energy sector by identifying renewable-energy resource precincts and infrastructure corridors with access to the electricity network.’
The consultation report that accompanies the report says public feedback requested a commitment to renewable energies, climate change, affordable housing and public transport. Such issues were either missing or not a feature of the draft.
As for renewable energy, another aim is to ‘Enable appropriate smaller-scale renewable-energy projects using bio-waste, solar, wind, small-scale hydro, geothermal or other innovative storage technologies.’ The promotion of ‘appropriate smaller and community-scale renewable energy projects’ is another aim.
The mayor said, ‘If they are prepared to walk their talk this can only help us, as we are primed and ready to roll such projects out.’
Housing predictions
Byron Shire’s housing stock is currently 16,100, the report claims, which will become 19,250 by 2036.
By comparison, Kyogle is expected to only increase 100 dwellings to 4,900 by 2036. Cities are the main focus of growth, with Tweed pegged to increase the most with 11,600 new dwellings, up to 56,050.
Byron Shire’s vision in the plan is presented as ‘a strong economy based on the tourism, creative arts, agricultural, food manufacturing and health sectors.’
West Byron featured as a major housing project for the Byron Shire (page 62), with an aim to ‘Investigate opportunities for increased housing diversity in the form of additional multi-unit dwellings in appropriate locations.’
West Byron Bay will also be investigated for ‘additional employment land’ opportunities, which will accompany Council’s still-to-be-released employment lands policy.
The plan also aims to ‘protect important farmland at Eureka, Federal, Bangalow, Goonengerry, Coorabell, Tyagarah, Mullumbimby, Nashua and Billinudgel.’
Red tape delight
Oversight, reviews and new policies will be developed, with the implementation plan to be overseen by the newly formed North Coast Delivery, Co-ordination and Monitoring Committee. But the makeup of the committee is stacked heavily with state bureaucrats and ‘a representative from each Local Council Joint Organisation.’
One stated aim is to ‘Facilitate appropriate large-scale tourism developments in prime tourism-development areas such as Tweed Heads, Tweed Coast, Ballina, Byron Bay, Coffs Harbour and Port Macquarie.’
Protecting the North Coast Rail Line and high-speed rail corridor is a stated aim, which will ‘ensure network opportunities are not sterilised by incompatible land uses or land fragmentation.’
Public transport will be provided ‘where the size of the urban area has the potential to generate sufficient demand.’
Hierarchy
How will this state government plan align with Byron council plans? Generally, in the hierarchy, NSW legislation overrides council LEPs and DCPs. Council’s forward planning strategies such as growth policies fall below these.
Solicitor Sue Higginson and CEO of public legal advocate organisation EDO, says that generally speaking, any new plan and strategy that the council makes will be required to be consistent with the regional plan.
‘The Environmental Planning and Assessment Act 1979 (s75AI) states that in preparing any planning proposals, ie LEP and LEP amendments, Council is to give effect to the Regional Plan. This means there is a general requirement on Council in future that any LEP amendments and LEPs it makes must be consistent with the Regional Plan.
‘That said, the EPA Act (s75AK) states that nothing in the Act that provides for the making of the Regional Plan prevents an LEP from being made, or can invalidate an LEP once it is made.’
Higginson says, ‘Essentially what it all means in effect is that the state government has good cause to refuse to allow an LEP or an LEP amendment to get through the Gateway (s55 EPA Act), unless it is consistent with the Regional Plan. This is regardless of what Council’s current growth strategy – or any strategy for that matter – currently states. But the same could be said the other way; it is entirely a matter for the state government to allow an LEP to be made that is not consistent with the strategic plan.
‘In short, the new regional plan will not affect Council’s current plans and strategies. Only district plans require the amendment of existing instruments to be consistent with them.
‘But the state government will have the ultimate say when it comes to Council seeking to implement its current plans and policies through planning proposals at the Gateway.’
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