The community and Tweed Shire Council have come out strongly against the development application (DA) for what’s called ‘Cudgen Connection’, proposed on State Significant Farmland (SSF) on the Cudgen Plateau. Despite the opposition, the proposal has now been listed for a Gateway Determination just days after the Tweed Shire elections on 14 September.
The site, next to the new Tweed Valley Hospital, was bought by developer Allan Larkin, Director of Digital Infratech, just days before the announcement that the adjacent Tweed Valley Hospital site, which was zoned as SSF at the time, would be rezoned to build the hospital.
At the time the proposed Cudgel Connection site was bought, it was also zoned as SSF and therefore protected from development.
Mr Larkin quickly proposed a mixed-use site called Cudgen Connection seeking to have the site be part of the Stage 2 hospital development, but this was rejected. The developer’s request to be referred for a Gateway Determination was rejected by Tweed Shire councillors on May 2, 2024, though Tweed Council staff had ‘recommended that the application for gateway determination should be approved’.
Seven-storey buildings
The project is seeking approval for ‘286 dwellings’ on land zoned SSF at 741 Cudgen Road, Cudgen with ‘affordable housing’ being put forward as one reason it should go ahead.
In the developer’s Proposal summary (Briefing Report) there is no mention that the site is zoned SSF. The summary states that they seek to ‘rezone from RU1 Primary Production to SP2 Infrastructure’ and ‘increase the maximum height of buildings from 10m to 38m’ with building heights up to seven storeys.
They do not propose that the dwellings on the site become social and affordable housing in perpetuity, rather they propose that the dwellings on the site are managed ‘with a registered community housing provider, not-for-profit organisation, State agency, or similar for a period of no less than 25 years’.
Not needed
‘The NSW Government (in particular, Health Infrastructure) have indicated several times that the combined available land on the Tweed Valley Hospital site and Kingscliff TAFE site is all that is required for the full development of a health/education precinct and have included most of what is listed in the Cudgen Connection proposal in future stages of the TVH masterplan. This is further endorsed in the Kingscliff Locality Plan,’ pointed out the President of the Kingscliff Ratepayers and Progress Association (KRPA), Peter Newton.
Iron clad promises?
At the time the SSF was re-zoned for the Tweed Valley Hospital to be built, the Nationals, and the ALP, at state and federal level all committed to ‘iron clad’ promises that no more of the SSF would be rezoned.
Then Minister for Agriculture Dugald Saunders told The Echo in February 2022, ‘The NSW government made a commitment to protecting the remaining Cudgen farmland in the Tweed Shire. I support the local member and thank Geoff Provest for his advocacy in ensuring this land is protected for the Tweed Shire community’.
At the same time the opposition Labor party also committed to preserving the SSF with a joint statement from local Tweed Labor councillor Reece Byrnes, along with then Shadow Minister for the North Coast Walt Secord, and Justine Elliot, Federal Member for Richmond saying, ‘Labor has always been committed to protecting the Cudgen farmland from development and that hasn’t changed.’
Impact on farming
The most productive future farming land is on the east coast of NSW owing to its alluvial soils and consistent rainfall when the impacts of climate change are modeled. With the imacts of climate change the rest of the state suffers more and more with reduced farming production capacity.
‘Many are asking why bother with an independent Agriculture Commissioner as recommended in Budget Estimates if the state government isn’t going to apply the existing mapping of SSF?’ asked KRPA President Peter Newton.
‘What was the point of doing this mapping of State Significant Farmland in the first place if the zoning is not going to be applied?’
Mr Newton told The Echo that while, ‘the (review) itself was the proponent’s right as part of the planning process (in itself a little ironic given the proponent’s complete disregard for the zoning and state and local planning frameworks, which are provided to protect this farmland and our community from land banking developers). It is extremely disappointing that the matter has now been sent for a “Gateway Determination” against the strong message sent by [Tweed Shire] Councillors in refusing this in May. We would hope and expect that NSW Planning will stand by the need to protect this important land.’
Opening the floodgate
Opposite the proposed Cudgen Conneciton site another 48ha of land that is zoned SSF is now up for sale.
‘This land is now on sale and being marketed completely inappropriately as “residential land” – again an invitation to land bankers hiding their true intent under the “need for housing”,’ said Mr Newton.
‘This game of community “whack-a-mole” has gone on for far too long – this precious [farming land] resource is needlessly, continually, under threat and we would expect our elected representatives and NSW Planning to have our backs on this.’
Strategic delay?
Tweed District Residents and Ratepayers Association President, Lindy Smith, told The Echo that she questioned the timing of the proposed gateway determination being listed.
‘I find it extraordinary that the Planning Proposal (PP) for the Cudgen Connection development on the Cudgen Plateau’s SSF has now come to light after our Council election. With a keen interest in the future liveability/sustainability and protection of our Shire’s priceless natural resource assets. I do a weekly check of the relevant government sites to review the progress and information available on proposed/future developments – the Cudgen Connection PP had not been listed on the government sites, despite being lodged in May,’ she said.
‘It appears the more than 25-year battle of the land bankers to develop Cudgen Plateau SSF is on the road to fruition.
‘With significant evidence of very serious failures of governance and pre-determinations prior to proper processes over the development of the Cudgen Plateau SSF it is well overdue for an inquiry to restore community confidence in proper due process and transparency.
‘Numerous commitments were made by the politicians from both sides there would be no further development of the Cudgen Plateau SSF – so now it is time for answers.’
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