Coastal development applications

A Transitional Coastal Panel has been established and will continue to determine previously lodged development applications for up to 12 months from the commencement of the Coastal Management Act 2016.

Coastal Panel meetings

Minutes of Coastal Panel meetings are provided below:

Development applications received

Location: Old Bar
Applicant: Owners Corporation of Strata Plan 61034 (Meridian Resort)
Description of development: Development application for the construction of a sand-filled geotextile container seawall in front of seven adjacent properties at Old Bar

Development Application (PDF 269KB)
Cover letter (PDF 124KB)
Seawall agreement (PDF 931KB)
Seawall agreement interpretation (PDF 18KB)
AGM Minutes – 28 Nov 2011 (PDF 35KB)
EGM Minutes – 28 April 2007 extract (PDF 25KB)
Confirmation of Strata Manager's letter (PDF 18KB)

Additional information was received by the panel in January 2013:
Response letter to Coastal Panel – 16 January 2013 (PDF 115KB)
Seawall Management Plan (PDF 19KB)
Response letter to Coastal Panel – 24 October 2012 (PDF 727KB)
Letter of consent from new owners (PDF 35KB)

The Coastal Panel asked for further information to be provided on 24 April 2013 (PDF 63KB).

The applicant provided additional information on 20 June 2013:
Covering email (PDF 82KB)
Proposed draft consent conditions (PDF 14KB)
Section 55M table (PDF 13KB)
Amended drawings (PDF 1.6MB)

Consideration of the Development Application

The Coastal Panel held a public hearing on 9 April 2013 in Old Bar to hear and clarify issues associated with submissions received in relation to the development. Any person was able to register to speak at the hearing.

An Assessment Report (PDF 1.5MB) was prepared to assist the Coastal Panel make a determination for Development Application CP12-001.

Appendices

Appendix 1: Amended drawings – 16 January 2013 (PDF 5.47 MB)
Appendix 2: Letter to ICM – 27 August 2012 (PDF 2.48MB)
Appendix 3: Response letter to Coastal Panel – 24 October 2012 (PDF 727KB)
Appendix 4: Letter to ICM – 14 December 2012 (PDF 1.4MB)
Appendix 5: Response letter to Coastal Panel – 16 January 2013 (PDF 115KB)
Appendix 6: Submissions received for CP12-001 (PDF 1.48MB)
Appendix 7: Peer review of revised DA documents (PDF 667KB)
Appendix 8: Greater Taree City Council submission (PDF 113KB)
Appendix 9: OEH comments on DA coastal protection works (PDF 843KB)
Appendix 10: DPI comments on DA erosion protection works (PDF 145KB)

The NSW Coastal Panel determined (PDF 46KB) Development Application CP12-001 on 26 July 2013 and has published its Notice of Determination (PDF 57KB).

Location: Umina
Applicant: Doug Sneddon
Description of development: Proposed beachfront revetment wall, No.8 Berrima Crescent, Umina Beach

Development Application (PDF 579KB)
Political Donations Statement (PDF 218KB)
Statement of Environmental Effects (PDF 7.5MB)
Cardno cover letter (PDF 68KB)
Drawing of proposed revetment wall (PDF 222KB)
Erosion and sediment control drawing (PDF 269KB)
Cardno Coastal Engineering Assessment (PDF 3.3MB)

The Coastal Panel asked for further information to be provided on 4 December 2013 (PDF 21KB).

The applicant provided additional information on 21 February 2014:
Response letter to Coastal Panel – 21 February 2014 (PDF 1.2MB)
Amended design plan (PDF 260KB)
Amended erosion and sediment control plan (PDF 201KB)
Amended Engineering Assessment (PDF 3MB)

Additional correspondence from the Panel was also provided to the applicant in two letters on 28 March 2014 (PDF 45KB) and 8 May 2014 (PDF 21KB).

Consideration of the Development Application

An Assessment Report (PDF 810KB) was prepared to assist the Coastal Panel make a determination for Development Application CP13-001.

The NSW Coastal Panel determined Development Application CP13-001 on 18 July 2014, granting a Deferred Development Consent subject to a number of conditions as published in its Notice of Determination (PDF 103KB).

This development must also comply with the General Terms of Approval issued by the Department of Primary Industry - Office of Water (PDF 3.6MB)

Location: Arrawarra
Applicant: Arrawarra Beach PTY LTD
Description of development: Coastal Protection Works, 46 Arrawarra Beach Road, Arrawarra

Development Application (PDF 28.1MB)
Statement of Environmental Effects (PDF 15MB)

The Coastal Panel responded to this application requesting further information on 10 March 2016 (PDF 104KB).

This applicant responded to this request providing this addition information on 23 March 2016:
Coastal Design Solutions response to RFI (PDF 559KB).

Following a site inspection on 15 April 2016, the Coastal Panel provided the applicant with an opportunity to further address design issues, which became more readily apparent from the site inspection. This request for this further information was issued on 19 April 2016 (PDF 197KB).

The applicant responded to this request providing this additional information on 1 July 2016, this included:
Engineering design report (PDF 6.72MB)
Site plan with aerial (PDF 4.03MB)
Addendum to statutory ecological assessment (PDF 7.22B)
A letter of clarification regarding the location of and potential impacts to Aboriginal cultural heritage (PDF 405KB)
Flooding and stormwater assessment (PDF 1.46MB)

A letter regarding Littoral Rainforest Concurrence was also provided (727KB).

Consideration of the Development Application

An Assessment Report (PDF 39MB) and an independent Engineering Design Assessment (PDF 1.27MB) have been prepared to assist the Coastal Panel.

An updated Assessment Report (PDF 70.3MB) has been prepared to assist the Coastal Panel, encompassing additional information that was submitted by the applicant on 28 October 2016.

The Coastal Panel is seeking to make a determination on the Development Application on 6 December 2016. This will be a closed meeting.

Appendices

Appendix 1: OEH comments on DA coastal protection works (PDF 1.99MB)
Appendix 2: DPI Marine Parks comments on DA coastal protection works (PDF 738KB)
Appendix 3: DPI Water General Terms of Approval DA coastal protection works (PDF 227KB)
Appendix 4: Public Submissions received for CP16-001 (PDF 5.19MB)

The NSW Coastal Panel determined Development Application CP 16-001 on 06 December 2016 and has published its Notice of Determination (PDF 125KB).

Location: Belongil Beach
Applicant: Ralph Lauren Pty Ltd
Description of development: Coastal Protection Works at 1 and 1A Don Street, Byron Bay

A decision on this development application was handed down on 21 December 2018. The decision may be viewed at NSW Caselaw.

Development Application (PDF 2.27MB)
Statement of Environmental Effects (PDF 1.35MB)
ICM Engineers Report (PDF 1.21MB)
DA Drawings (PDF 2.86MB)
Offsite Erosion Management Plan (PDF 693KB)
Land and Property Title Information 1 (PDF 485KB)
Land and Property Title Information 2 (PDF 516KB)
Landowner Consent Request Byron Shire Council (PDF 51KB)
Landowner Consent Request DoI – Lands (PDF 109KB)

The Coastal Panel accepted this application and responded requesting further information on 10 February 2017 (PDF 231KB).

This applicant responded to this request providing this addition information on 14 March 2017.

International Coastal Management response to RFI (PDF 4.15MB).

The Coastal Panel wrote the applicant on 4 April 2017 in respect of information still outstanding (PDF 95KB).

The applicant responded to this request on 13 April 2017 (PDF 5.65MB).

The Coastal Panel received a letter from DoI - Lands on 21 April 2017 requesting additional information from the applicant (PDF 46KB).

The Coastal Panel wrote to the applicant on 21 April 2017 to notify of this request (PDF 89KB).

The Coastal Panel wrote to the applicant on 21 April 2017 in respect of information still outstanding and to request further information (PDF 134KB).

The applicant responded to the DoI – Lands request on 3 May 2017 (PDF 3.19MB).

The applicant responded to the Coastal Panel further information request on 3 May 2017 (PDF 3.60MB).

The Coastal Panel received a letter from DoI – Lands on 5 May 2017 requesting additional information from the applicant (PDF 159KB).

The Coastal Panel wrote to the applicant on 8 May 2017 to notify of this request (PDF 89KB).

The applicant responded to the DoI – Lands request on 18 May 2017 (PDF 4.84MB).

The Coastal Panel wrote to the applicant on 2 June 2017 advising they are unable to fully assess the proposal until a response and consent from DoI – Lands has been received (PDF 132KB).

Appendices

Appendix 1: Public Submissions received on CP17-001 (PDF 34.4MB)
Appendix 2: BSC Landowner Consent to Lodge DA (PDF 462KB)
Appendix 3: BSC Submission Received on CP17-001 (PDF 198KB)
Appendix 4: BSC Additional Submission Received on CP17-001 (PDF 187KB)
Appendix 5: DPI Submission Received on CP17-001 (PDF 124KB)
Appendix 6: OEH Submission Received on CP17-001 (PDF 744KB)

Location: Belongil Beach
Applicant: Robert Watson
Description of development: Coastal Protection Works at 44 and 48 Childe Street, Byron Bay

A decision on this development application was handed down on 21 December 2018. The decision may be viewed at NSW Caselaw.

Development Application (PDF 725KB)
Statement of Environmental Effects (PDF 1.64MB)
ICM Engineers Report (PDF 1.16MB)
DA Drawings (PDF 3.20MB)
Offsite Erosion Management Plan (PDF 469KB)
Land and Property Title Information (PDF 402KB)
Landowner Consent Request Byron Shire Council (PDF 51KB)
Landowner Consent Request DoI – Lands (PDF 109KB)

The Coastal Panel accepted this application and responded requesting further information on 10 February 2017 (PDF 232KB).

This applicant responded to this request providing this addition information on 14 March 2017.

International Coastal Management response to RFI (PDF 7.93MB).

The Coastal Panel wrote the applicant on 4 April 2017 in respect of information still outstanding (PDF 95KB).

The Coastal Panel received a letter from Byron Shire Council on 10 April 2017 requesting additional information from the applicant (PDF 133KB).

The Coastal Panel wrote to the applicant on 11 April 2017 to notify of this request (PDF 91KB).

The applicant responded to the Coastal Panel request on 13 April 2017 (PDF 6.10MB).

The Coastal Panel received a letter from DoI – Lands on 21 April 2017 requesting additional information (PDF 46KB) from the applicant.

The Coastal Panel wrote to the applicant on 21 April 2017 to notify of this request (PDF 89KB).

The Coastal Panel wrote to the applicant on 21 April 2017 in respect of information still outstanding and to request further information (PDF 134KB).

The applicant responded to the DoI – Lands request on 3 May 2017 (PDF 3.19MB).

The applicant responded to the Coastal Panel further information request on 3 May 2017 (PDF 3.60MB).

The applicant responded to the Byron Shire Council's request on 8 May 2017 (PDF 3.60MB).

The Coastal Panel received a letter from DoI – Lands on 5 May 2017 requesting additional information (PDF 159KB) from the applicant.

The Coastal Panel wrote to the applicant on 8 May 2017 to notify of this request (PDF 89KB).

The applicant responded to the DoI – Lands request on 18 May 2017 (PDF 5.23MB).

The Coastal Panel wrote to the applicant on 2 June 2017 advising they are unable to fully assess the proposal (PDF 132KB) until a response and consent from DoI – Lands has been received.

Appendices

Appendix 1: Public Submissions received on CP17-002 (PDF 34.1MB)
Appendix 2: BSC Landowner Consent to Lodge DA (PDF 572KB)
Appendix 3: BSC Submission Received on CP17-002 (PDF 198KB)
Appendix 4: BSC Additional Submission Received on CP17-002 (PDF 187KB)
Appendix 5: DPI Submission Received on CP17-002 (PDF 124KB)
Appendix 6: OEH Submission Received on CP17-002 (PDF 744KB)

Location: Belongil Beach
Applicant: Stewartville Pty Ltd
Description of development: Coastal Protection Works at 6B Childe Street, Byron Bay

A decision on this development application was handed down on 21 December 2018. The decision may be viewed at NSW Caselaw.

Development Application (PDF 673KB)
Statement of Environmental Effects (PDF 1.40MB)
ICM Engineers Report (PDF 1.12MB)
DA Drawings (PDF 2.99MB)
Offsite Erosion Management Plan (PDF 498KB)
Land and Property Title Information (PDF 390KB)
Landowner Consent Request Byron Shire Council (PDF 51KB)
Landowner Consent Request DoI – Lands (PDF 109KB)

The Coastal Panel accepted this application and responded requesting further information on 10 February 2017 (PDF 231KB).

This applicant responded to this request providing this addition information on 14 March 2017.

International Coastal Management response to RFI (PDF 4.6MB).

The Coastal Panel wrote the applicant on 4 April 2017 in respect of information still outstanding (PDF 95KB).

The applicant responded to this request on 13 April 2017 (PDF 6.06MB).

The Coastal Panel received a letter from DoI – Lands on 21 April 2017 requesting additional information from the applicant (PDF 46KB).

The Coastal Panel wrote to the applicant on 21 April 2017 to notify of this request (PDF 89KB).

The Coastal Panel wrote to the applicant on 21 April 2017 in respect of information still outstanding and to request further information (PDF 133KB).

The applicant responded to the DoI – Lands request on 3 May 2017 (PDF 3.19MB).

The applicant responded to the Coastal Panel further information request on 3 May 2017 (PDF 3.74MB).

The Coastal Panel received a letter from DoI – Lands on 5 May 2017 requesting additional information PDF 159KB) from the applicant.

The Coastal Panel wrote to the applicant on 8 May 2017 to notify of this request (PDF 89KB).

The applicant responded to the DoI – Lands request on 18 May 2017 (PDF 4.75MB).

The Coastal Panel wrote to the applicant on 2 June 2017 advising they are unable to fully assess the proposal (PDF 132KB) until a response and consent from DoI – Lands has been received.

Appendices

Appendix 1: Public Submissions received on CP17-003 (PDF 34.4MB)
Appendix 2: BSC Landowner Consent to Lodge DA (PDF 459KB)
Appendix 3: BSC Submission Received on CP17-003 (PDF 198KB)
 Appendix 4: BSC Additional Submission Received on CP17-003 (PDF 187KB)
Appendix 5: DPI Submission Received on CP17-003 (PDF 124KB)
Appendix 6: OEH Submission Received on CP17-003 (PDF 744KB)

Location: Belongil Beach
Applicant: Michael Siddle/Planners North
Description of development: Coastal Protection Works at 28 and 28A Childe Street, Byron Bay

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the applicant and the Transitional Coastal Panel on 26 July 2018. The agreement may be viewed at NSW Caselaw.

Amended plans were on public exhibition from Wednesday 6 June 2018 until Wednesday 20 June 2018.

The documents on exhibition included:

Other documents relevant to this development application

Development Application (PDF 2.97 MB)
Statement of Environmental Effects (PDF 9.70MB)
Landowner Consent Request Byron Shire Council (PDF 224KB)

The Coastal Panel accepted this application and responded requesting further information on 10 February 2017 (PDF 231KB).

This applicant responded to this request providing this addition information on 17 March 2017.

International Coastal Management response to RFI (PDF 4.61MB).

The Coastal Panel wrote the applicant on 4 April 2017 in respect of information still outstanding (PDF 95KB).

The Coastal Panel received a letter from Byron Shire Council on 10 April 2017 requesting additional information from the applicant (PDF 133KB).

The Coastal Panel wrote to the applicant on 11 April 2017 to notify of this request (PDF 91KB).

The applicant responded to the Coastal Panel and Byron Shire Council request on 21 April 2017 (PDF 4.98MB).

The Coastal Panel received a letter from DoI – Lands on 21 April 2017 requesting additional information (PDF 46KB) from the applicant.

The Coastal Panel wrote to the applicant on 21 April 2017 to notify of this request (PDF 89KB).

The Coastal Panel wrote to the applicant on 26 April 2017 in respect of information still outstanding (PDF 89KB) and to request further information.

The applicant responded to the DoI – Lands request on 1 May 2017 (PDF 56KB).

The applicant responded to the further information request on 8 May 2017 (PDF 4.68MB).

The Coastal Panel wrote the applicant on 15 May 2017 to request additional information (PDF 95KB).

The applicant responded to the further information request on 25 May 2017 (PDF 3.68KB) and 10 July 2017 (PDF 46KB) and 26 July 2017 (PDF 4.41MB).

The Coastal Panel wrote to the applicant on 2 June 2017 advising they are unable to fully assess the proposal (PDF 133KB) until a response from DoI – Lands has been received.

Appendices

Appendix 1: Public Submissions received on CP17-004 (PDF 35.1MB)
Appendix 2: BSC Landowner Consent to Lodge DA (PDF 525KB)
Appendix 3: BSC Submission Received on CP17-002 (PDF 198KB)
Appendix 4: BSC Additional Submission Received on CP17-002 (PDF 187KB)
Appendix 5: DPI Submission Received on CP17-002 (PDF 124KB)
Appendix 6: OEH Submission Received on CP17-002 (PDF 744KB)

The applicant has filed amended plans in the court by way of Notice of Motion and annexed to a supporting affidavit Amended plans (PDF 5.2MB).

Note that the Coastal Panel has been advised that further amendments will be made by the applicant.

Location: Arrawarra
Applicant: Arrawarra Beach PTY LTD
Description of development: Coastal Protection Works, 46 Arrawarra Beach Road, Arrawarra

Development Application (PDF 1.53MB)
Statement of Environmental Effects (PDF 2.58MB)
Appendix A – Site Plan with aerial (PDF 4.13MB)
Appendix A – Site Plan detail survey (PDF 295KB)
Appendix B – MHWM Boundary (PDF 1.59MB)
Appendix C – WT Design and Report (PDF 3.93MB)
Appendix C – Amour Calculation (PDF 387KB)
Appendix D – 2001 Flood Study (PDF 2.82MB)
Appendix D – Flooding Stormwater (PDF 1.67MB)
Appendix E – Flow Velocity Modelling (PDF 4.44MB)
Appendix F – Ecological Assessment (PDF 3.12MB)
Appendix F – Ecosure (PDF 4.05MB)
Appendix F – Ecosure 7 Part Test (PDF 154KB)
Appendix G – Coastal Policy (PDF 158KB)
Appendix H – SEPP 71 (PDF 136KB)
Appendix I – Cultural Heritage (PDF 3.81MB)
Appendix J – Approval to operate Caravan Park (PDF 2.87MB)
Appendix K – Timber bridge Licence (PDF 3.37MB)
Appendix L – Gabion Building Permit (PDF 3.38MB)
Appendix M – Marten Geomorphic Impact Assessment (PDF 3.52MB)
Appendix N – Vegetation Management Plan (PDF 3.14MB)
Appendix O – Geotech and Acid Sulphate Soils (PDF 5.06MB)
Appendix P – Deed for restoration works (PDF 163KB)
Appendix P – Annexure A to positive covenant (PDF 64KB)
Appendix P – Positive Covenant (PDF 59KB)
Appendix Q – Seawall Management Plan (PDF 314KB)
Appendix R – RHDHV Memo CP16-001 (PDF 2.36MB)
Appendix R – Letter to Coastal Panel CP16-001 (PDF 2.63MB)
Appendix S – Draft Emergency Management Plan (PDF 144KB)

The Coastal Panel responded to this application requesting further information on 13 April 2017 (PDF 89KB).

This applicant responded to this request providing this addition information on 3 May 2017: Additional Information Letter (PDF 311KB).

Martens Geomorphic Assessment 2017 (PDF 5.28MB).

Appendices

Appendix 1: Public Submissions received on CP17-005 (PDF 18.24MB)
Appendix 2: Coffs Harbour & District Local Aboriginal Land Council comments on CP17-005 (PDF 802KB)
Appendix 3: Coffs Harbour City Council comments on CP17-005 (PDF 75KB)
Appendix 4: OEH comments on CP17-005 (PDF 283KB)
Appendix 5: DPI Integrated Development Consent Response (PDF 6.74MB)

Consideration of the Development Application

An Assessment Report (PDF 2.2MB) has been prepared to assist the Coastal Panel in its determination.

The NSW Coastal Panel determined Development Application CP 17-005 on 30 October 2017 and has published its Notice of Determination (PDF 54KB).

Location: Belongil Beach
Applicant: Ralph Lauren Pty Ltd (c/o R John James)
Description of development: Coastal Protection Works, 1 & 1a Don street Byron Bay

Note 1: Amended plans have been submitted by the applicant:
Revised drawings for CP 17-006 (PDF 6.2MB)

Note 2: This application is different to the Development Application described in CP 17-001.

Development Application (PDF 1.5MB)
Illustrative Figures (PDF 1.9MB)
Statement of Environmental Effects (PDF 1.4MB)
 Appendix 1 Supreme Court Orders dated 12 August (PDF 602KB)
Appendix 2 Certificates of Title and Deposited Plans (PDF 484KB)
Appendix 3 Report on seawall prepared by International Coastal Management (PDF 1.8MB)
Appendix 4 DA Drawings (PDF 3.9MB)
Appendix 5 NSW Land and Environment Court Orders (PDF 3.9MKB)
Letter to Byron Council (PDF 80KB)
Letter to Department of Primary Industry – Lands and Forestry (PDF 69KB)

The Coastal Panel responded to this application requesting further information on 22 December 2017 (PDF 520KB)

This applicant responded to this request providing this addition information on 25 January 2018: Additional Information (PDF 2.2MB)

Location: Belongil Beach
Applicant: Robert Watson
Description of development: Coastal Protection Works, 44 and 48 Childe Street Byron Bay

Note 1: Amended plans have been submitted by the applicant:
Revised drawings for CP 17-007 (PDF 6.2MB)

Note 2: This application is different to the Development Application described in CP 17-002.

Development Application (PDF 2.9MB)
Illustrative Figures (PDF 2MB)
Statement of Environmental Effects (PDF 1.7MB)
Appendix 1 Supreme Court Orders dated 12 August (PDF 3.4MB)
Appendix 2 Certificates of Title and Deposited Plans (PDF 408KB)
Appendix 3 Report on seawall prepared by International Coastal Management (PDF 1.8MB)
Appendix 4 DA Drawings (PDF 3.2MB)
Letter to Byron Council (PDF 743KB)
Letter to Department of Industry – Forestry and Lands (PDF 652KB)
Site access consent letter (PDF 86KB)

The Coastal Panel responded to this application requesting further information on 22 December 2017 (PDF 523KB)

This applicant responded to this request providing this addition information on 25 January 2018: Additional Information (PDF 817KB)

Advice on Kingscliff

The Minister for the Environment requested advice from the NSW Coastal Panel with respect to the management of beach erosion at Kingscliff in the Tweed Shire Council local government area.

The terms of reference for this advice were:

  1. The Coastal Panel's opinion on the causes of the recent erosion at Kingscliff, including if this erosion is likely to continue and, if so, under what circumstances
  2. Recommendations on potential short- and long-term technically feasible and cost-effective strategies for managing erosion at Kingscliff. This is to include a review of the strategies in the 2005 Tweed Shire Coastline Management Plan and any other strategies proposed by council.

The Minister for the Environment has accepted the advice provided by the Coastal Panel within its report (PDF 1.75MB).