What does the Planning Proposal for Lot 22 seek to achieve?

    The primary objective of the planning proposal is to enable the site to be developed for residential purposes in the future, with a component of the site being dedicated towards the provision of diverse and accessible housing.  To achieve this the land is proposed to be rezoned from public recreation to residential and the land reclassified from community to operational. In addition a minimum lot size of 200m2 is proposed along with a clause to ensure diverse housing.


    What is a Planning Proposal?

    A Planning Proposal is document used to amend Council’s Local Environmental Plan.  It explains the objectives and intended outcomes for the amendment and provides supporting site studies to justify the merit of the proposal.  A planning proposal can only amend the Local Environmental Plan after receiving approval from the NSW Department of Planning & Environment. 

    What is ‘community’ and ‘operational’ land and what does “reclassification” mean?

    All council owned land is classified as community land or operational land.  In general, community land is there for the community to access or use, it cannot be sold or leased for more than 21 years and must have a plan of management.  Operational land however, is unrestricted by these regulations and could  be  developed for future housing. In this proposal council is proposing to change the classification of Lot 22 from Community to Operational Land in order to make it possible to develop the site for a diverse mix of dwelling types. 


    What is a Local Environmental Plan (LEP)?

    A Local Environmental Plan (LEP) is a legal document prepared by Council and approved by the State Government to regulate and guide Council's planning decisions regarding land use and development.

    LEPs allow Council to regulate the ways in which all land, both private and public, can be used and protected through zoning and development controls. They are used to zone and classify land for a range of uses such as for housing, commercial and industrial development, open space and rural development.

    They are the main planning tool to shape the future of communities and to ensure local development is done appropriately and in an environmentally sensitive manner.

    What will the new zone look like/ include?

    The new zone will be an R1 General Residential zone.  Lot 22 will be the first time this zone has been used in the shire as Council is hoping it will facilitate housing diversity and accessibility on this site and other key sites into the future. This zone includes objectives relating to housing diversity and density, and aims to provide a range of land uses and services for the community alongside housing. The maximum building height will remain the same at 9 metres, however the lots are proposed to be smaller with 200m2 as the minimum lot size.



    Refer to the table below for a full list of the proposed permissible and prohibited uses.

    Zone R1 General Residential*

    1 Objectives of zone

      To provide for the housing needs of the community.

      To provide for a variety of housing types and densities.

      To enable other land uses that provide facilities or services to meet the day to day needs of residents.

    •  To provide a secure supply of affordable housing stock that meets the needs of low to middle income residents.

    •  To enable the provision of non-residential land uses that are compatible with, and do not place demands on services beyond the level reasonably required for, residential use.

    •  To encourage adaptable housing that supports ageing in place.

    2 Permitted without consent

    Environmental Protection works; Home-based child care; Home occupations

    3 Permitted with consent

    Attached dwellings; Boarding houses; Caravan parks; Child care centres; Community facilities; Dwelling houses; Emergency services facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Flood mitigation works; Food and drink premises; Function centres; Group homes; High technology industries; Home businesses; Home industries; Hostels; Information and education facilities; Kiosks; Markets; Multi dwelling housing; Neighbourhood shops; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Service stations; Shop top housing; Signage; Water supply systems; Any other development not specified in item 2 or 4

    4 Prohibited

    Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds ; Car parks; Cemeteries; Charter boating and tourism facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities;Extractive industries;  Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Recreation facilities (major); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Sewage treatment plants; Sex services premises; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recycling facilities; Water storage facilities; Water treatment facilities; Wholesale supplies


    What about the flooding on the site?

    Council understands that the site is flood prone.  Preliminary flood studies and data from the 2017 flood event indicate that there is a portion of the land that does not flood in a 1 in 100 year flood event.  In addition, the flood studies suggest that with fill, a developable site could be achieved with minimal impact on the surrounding lands. The exact area of land that is able to be developed has not yet been identified, this will be determined following further studies at the Development Application stage.

    In the flood modelling for the Planning Proposal, the consultants BMT WBM modelled three different scenarios.  The recommended scenario requires the least amount of fill and has a negligible impact on surrounding properties.  The flood modelling indicates that this scenario would result in a slight increase in flood levels to the south (approximately 1-2cm), this area of land is predominately used for grazing.  Flood levels on other adjoining land, including the urban area to the north, will not change under the recommended scenario.


    What about our future recreational needs?

    The Draft Recreation and Open Spaces Needs Assessment has identified Lot 22 as surplus recreational land to that which is needed over the next 20 years.  Notwithstanding this projected surplus, options to incorporate elements of open space alongside diverse housing will be investigated for this site. 

    In addition, there is the neighbouring Mullumbimby Community Gardens (which sits on the part of Lot 22 not being considered by this planning Proposal) and the remainder of Lot 22 across the river which will remain as recreational space. 

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    How will Council ensure good housing design and housing affordability?

    Being Council owned land, Council has greater control over how the site is ultimately developed, making Lot 22 the ideal site to encourage best practice design and innovative solutions for providing diverse and accessible housing.

    A Voluntary Planning Agreement (VPA) may provide a legal mechanism for securing accessible housing stock.  By partnering with a registered housing provider or a community housing trust, Council can ensure that a percentage of the development is delivered at a price point that is accessible for low to moderate income households.

    What is housing diversity?

    Housing diversity is where a variety of different sized dwellings are provided based on the number of bedrooms.

    Council wants to increase housing diversity in new residential areas by applying the following requirements to a development application where four or more dwellings are proposed.

    Residential development on this land should comprise at least 25% one bedroom dwellings and at least 50% two bedroom dwellings with no more than 25% of new residential development being three or more bedrooms.

    Why do we need to do this?

    Byron Shire residents are paying an increasingly large proportion of their income to put a roof over their head, and in some cases are simply unable to access local housing.  This is clearly illustrated in the Mullumbimby urban catchment with a population of some 3780 people:

    ·  there is a 10 year waiting list for social housing in the 1 – 3 bedroom range

    ·  at least 50% of these households in private rental arrangements are in housing stress (where housing costs as a proportion of income are greater than 30%) – the medium weekly rent is $550.00 (3 bedrooms as at Sept 2017).

    ·  some 20% of those with a mortgage are also in housing stress – the medium sale price is $900,000 (as at Sept 2017)

    ·  30 % of households are occupied by a single person

    ·  1 – 2 bedroom dwellings make up only 20% of the housing stock (this includes some 100 secondary dwellings that have been approved since 2011)

    The proposed development of Lot 22 is part of Council's wider initiatives to provide more diverse and accessible housing options in Byron Shire. The proposed reclassification and rezoning of Lot 22 will pave the way for the delivery of diverse and accessible housing for local workers and families facilitating a stronger community with better access to services.


    What is a low to moderate income household?

    A low to moderate income earner is one who earns/grosses between less than $32,058 and up to $76,939 per year 

    (Source: https://www.facs.nsw.gov.au/providers/housing/affordable/about/chapters/who-are-very-low-to-moderate-income-earners).

    What about the native wildlife?

    Council has had an independent ecological assessment done which indicates that the probability of threatened fauna species being dependent upon the site in its current condition is low and no threatened flora or endangered species were found on site at the time of the survey conducted in July 2017. 

    Will the whole site be developed for housing?

    No, not all of the 22ha being rezoned will be developed.  Parts of the site will likely be utilised to accommodate drainage to minimise flooding, and parts of the site may allow opportunities for passive and active recreation spaces as a part of any development.