Plans for new lots in coastal estate back before council

THE council deferred the matter last time it went before them.

The proposed neighbourhood lots would relate to 33 approved accommodation structures, 20 of which have already been built.

PROPOSED changes for a large Broken Head property will go back before Byron Shire Council today.

An existing planning proposal seeks to amend the Byron Local Environmental Plan to allow the creation of 33 neighbourhood lots at Linnaeus Estate, a 111 hectare property on Broken Head Rd Which spans 1500 metres of beachfront. Those proposed lots relate to 33 approved accommodation units, 20 of which already exist on site.

Councillors voted to defer the matter and to seek discussions with the proponent at the April planning meeting.

According to a council staff report, those discussions were held on April 27 and May 1.

During that time, the proponent indicated they would submit a development application for a community title subdivision.

The council’s staff have recommended the current planning proposal be amended “in a manner that achieves council’s objectives for the site” and said the proponent “indicated support for this approach”.

Issues with the proposal include concerns the council could face liability in the event dwelling lots created through this process are later damaged by coastal erosion.

The council has advised the proponent the changes sought through the planning proposal could be possible through a DA for community title subdivision.

Also discussed in their meetings were “planned retreat” options in relation to coastal erosion risks.

“Staff advised that a coastal study identifying the location of the erosion escarpment and establishing future coastal erosion risks is required for any DA or LEP amendment going forward,” the staff report said.

“The proponent has agreed to satisfy this requirement and will be submitting an updated coastal hazard study for the subject land.

“Staff and the proponent agreed that the development application and amended planning proposal can proceed concurrently.”

The council staff recommendations include that the council support the preparation of an amended planning proposal, that they require the applicant to provide a current coastal hazard study. The proposed subdivision does not relate to a 27 cabin eco-retreat proposed for the same property.

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