TRRA regularly updates members of critical issues we are reviewing and their impact on the Tomaree Peninsula’s ratepayers and residents, including Submissions.
Halifax to Harwood Pathway Submission
TRRA representatives attended the on-site public information session with Council staff on 12 May 26 concerning the Halifax to Harwood pathway plans. We are aware of the issues raised by local residents at that meeting – which were subsequently raised again at our last General Meeting. A motion was passed at that meeting for TRRA to make a submission to Council on this project.
TRRA Rationale behind submission – Click here
MAMBO UPDATE – also details for July & August Council dates.
DATES for COUNCIL MEETINGS – Tuesday 28th July 2026 and Tuesday 25th August 2026 – 5.30pm
The next Council meeting will be held at Nelson Bay on Tuesday 28th July commencing 5.30pm. It will be held in the Elizabeth Waring Function Room, 4981 Nelson Bay Road (the Sports Complex).
Although the presentation of our Mambo petition has been moved by PSC to the August meeting at Council Chambers, Raymond Terrace, we encourage you to attend both meetings if you can so the Mayor and Councillors know that we expect Mambo to be reclassified to keep it safe for future generations to enjoy.
ECONETWORK UPDATE ON MAMBO – Click Here
Nelson Bay Bowling Club rezoning and redevelopment proposal.
Please review this document. https://www.planningportal.nsw.gov.au/ppr/pre-exhibition/nelson-bay-bowling-club-planning-proposal
Objection Submission – Residential Flat Building at 42 Donald Street and 5-7 Church Street, Nelson Bay Apartments , Nelson Bay
(SSD – 83366960)
The SSD raises a number of serious, poorly justified non-compliance issues related to the Port Stephens planning standards, policies and strategies that set dangerous precedents for the future integrity of these planning instruments.
The bulk/height and massing of the 9 story Residential Flat building will potentially dominate the significantly elevated street frontages of Church and Donald Streets and may potentially disconnect the harbour views for upstream existing and future buildings (blocked view corridors, reduced permeability) and relates specifically to the non-compliance with LEP height limitations, and the minimal setbacks of the proposed development.
To read full submission – Click Here
DA 16- 2026-106-1 Demolition of existing dwellings and construction of a
Residential flat building – 23 units (including 4 independent living units) plus an additional 2
detached individual dwellings
TRRA Recommendation – That the DA in its present form be refused.
For full submission – Click Here
Draft Flood Risk Management Policy
Input from Tomaree Ratepayers and Residents Association (TRRA)
The Port Stephens community is suffering the rapidly increasing consequences of past misguided policy on the management of floodplains on the Tomaree peninsula. The over-riding philosophy has appeared to be one of laying down guidelines for development on flood-prone land on individual cases and their individual merit-based assessment, with little strategic perspective of cumulative impact.
Full Submission – Click Here
Planned Development of d’Albora Marina
TRRA has received the following from the Department of Planning, Industry and Environment (DPIE) on the subject of ; D’ALBORA MARINA REDEVELOPMENT, NELSON BAY (SSD‑77938524)
We have received this response to both enquiries. – Click here
OBJECTION SUBMISSION – D’ALBORA MARINA REDEVELOPMENT,
NELSON BAY (SSD‑77938524)
The Referenced SSD is currently in the EIS preparation state and its placing on exhibition for public comment is anticipated soon. This was originally planned for December 2025. The proponent undertook a process of public consultation through Willowtree Communications in the last quarter of 2025 and TRRA arranged for Willowtree to make a presentation on the project to a Public Meeting in Nelson Bay on 17 November 2026, attended by over 250 people.
The proposal raised a wide range of serious concerns, many of which could not be satisfactorily answered by Willowtree, which lacked detailed information beyond that of a general concept plan. This was concerning in itself as the advice received then was that the proponent was expecting its DA and EIS to go on public exhibition the next month.
Full Letter – Click Here
URGENT – Community Engagement Failure – D’Albora Marina Redevelopment, Nelson Bay (SSD 77938524)
Dear Minister Scully and Secretary Fishburn,
I write on behalf of the Tomaree Ratepayers and Residents Association (TRRA), representing a large cross section of the Port Stephens community, to raise significant concerns regarding the community engagement failures associated with the proposed redevelopment of the Nelson Bay d’Albora Marina (SSD 77938524).
Full Communication – Click Here
Our Current Position
TRRA is not opposed to development or improvement of the marina precinct. Many residents recognise that the area could benefit from renewal, improved public spaces, and thoughtful upgrades.
However, based on the concept material available so far, TRRA is not yet convinced that the current proposal represents the right development for Nelson Bay.
Importantly, this proposal is still at concept stage only. A final position cannot be formed until the full Development Application (DA) and Environmental Impact Statement (EIS) are released for public exhibition.
Key Areas of Concern
Based on the concept information released to date, TRRA is closely monitoring the following matters:
- Building height and scale, particularly how the proposed heights fit with Nelson Bay’s coastal village character and the existing LEP Height limits.
- Overall size and intensity of development, including the inclusion of a 122-room hotel, and the project’s potential impact on view corridors to and from the water.
- Loss of mature trees and public green space, and impacts on shade, comfort and local birdlife
- Changes to public foreshore access, including how people move through and experience the waterfront
- Parking provision, and whether it is adequate for the scale of development proposed
- Long-term impacts on amenity, views, traffic, and the everyday experience of residents and visitors
These points are not conclusions. They are matters that require careful assessment through the formal planning process.
Full content of TRRA Current Position on Planned Development of d’Albora Marina document – Click here
A Powerful Community Turnout — Thank You!
Monday night’s meeting was an incredible success, with over 230 community members coming together to listen, learn, and voice their concerns about the proposed changes to d’Albora Marina.
The message was clear: our community cares deeply about protecting the heart of our waterfront — its character, its accessibility, and its long-term future.
We want to thank everyone who showed up, asked questions, and shared their thoughts. Your voices matter, and together we’ve shown just how united and engaged our community truly is.
Over the coming weeks, we’ll continue to keep everyone informed and updated as more information becomes available.
This is just the beginning — and we’ll be right here, standing together, every step of the way.
TRRA Submission on d’Albora Marina – Click Here
Kate Washington Response – Click Here
UPDATE 04/06/2026
At this time the applicant has not submitted the required EIS to the appropriate authority.
Notice of Motion 1. Review Of Building Heights In Nelson Bay
Letter to Councillors and Council 24 November 2025
We are astounded that an even further increase in heights be suggested over the town, ask that you take into consideration the compelling factors below and the views of the residents and ratepayers of the area, and that you vote against the motion.- Click here for full submission.
Public Access Presentation 25 Nov 2025 – Click Here
The NSW Govenment is pleased to announce the release of the Roads Act Review Options Paper, marking a significant milestone in the targeted review of the Roads Act 1993. This is your opportunity to help shape the future of road management and planning across NSW.
For Details – Click Here
Approach Distances for Whales, Dolphins and Dugongs.
Rules from NSW Government – Click Here
Salamander Bay Town Centre Place Plan
Here is the primary link to the current public exhibition page which has all the details and the document download links:
- Salamander Bay Town Centre Place Plan (PDF 3.2 MB)
- Salamander Bay Town Centre Place Plan Engagement Report (PDF 5.2 MB)
TRRA Submission on the Draft Place Plan – Click Here
Change to Port Stephens Council Code of Meeting Practice
Current Vs Proposed – Click Here
Submissions for 1 Yacaba St, Nelson Bay.
A Development Application amendment has been submitted to extend an underway 10 storey apartment building (with commercial space at street level and 60 residential units on 9 levels) at the corner of Yacaaba and Donald Streets in the heart of Nelson Bay, on the site of what was the temporary carpark.
Initial Submission – Click Here
Second Submission – Click Here
Third Submission – Click Here
Submission LOW and Mid-Rise Housing Reforms – Click Here
Introduction
TRRA is very concerned about the NSW State Government’s recently introduced ‘Low- and Mid-rise Reforms’, and their potential impact on our local community. Our 2024 submission on this proposal pointed out that the proposed changes were a ‘One Size Fits All’ concept that does not meet the needs of our Tomaree Peninsula’s diverse localities, and, on their face, are unlikely to achieve the important objective of increasing the supply of genuinely diverse and affordable housing.
Affected areas – Click here
Little Beach Amenities Development
At a Public Meeting held 25 January 2023, Council officers provided a briefing to residents and users of the Little Beach toilet, change room and disabled facilities on its plans for upgrading the amenities block. The project is part of a general upgrade of Little Beach facilities funded from a mix of funding from Council and State grants including The NSW Regional Tourism Activation Fund and the Recreational Fishing and Camping Facilities Program.
View TRRA’s submission: TRRA submission Little Beach Amenities Development v1-0
Future of Tomaree Lodge site – Umwelt
Following on from the previous Community Consultation Pop Up boothe on site, as listed below in a previous notice, TRRA has presented its submission to Umwelt, the consultants engaged by the Department of Communities and Justice.
In case you need further background information there was an article in the most recent TRRA December Newsletter on this issue with links to the Tomaree Headland Heritage Group’s publications on this iconic site.
View TRRA’s submission: TRRA Inc Submission to Umwelt – Future of Tomaree Lodge Site
Amendments to Port Stephens Development Control Plan 2014
Click here for PSC Explanation of Amendments
View TRRA’s submission here: 221208 TRRA submission on Amendments to PS DCP 2014
Port Stephens Council Environment Policy
Joint EcoNetwork & TRRA Submission
View TRRA’s submission here: 221209 Joint EcoNetwork – TRRA submission on PSC Environment Policy
Revised Tree Vandalism Policy
Port Stephens Council has put forward minor policy changes to this progressively weakened policy.
The Port Stephens Policy has become less effective in clearly explaining all the relevant procedures and criteria and therefore also in serving to educate the community and in deterring unlawful tree removal.
View our current version here: 221125 TRRA Submission Tree Vandalism policy
Draft Hunter Regional Transport Plan
By 2041, the Hunter region is predicted to grow by 100,000 people. To ensure that Transport can support this growth and realise the region’s community vision, it’s time to look at managing the transport network differently.
The draft Hunter Regional Transport Plan (the Plan) provides a vision for how the Hunter’s transport network, infrastructure and services will be managed and developed over time to realise community aspirations.
Click to view our submission: TRRA submission on Hunter Regional Transport Plan
EPA Climate Change Policy and Action Plan
In 2021 the NSW EPA set climate change as a focus area within its Strategic Plan 2021–24. It has committed to taking action to reduce emissions, mitigate climate change impacts and build greater environmental and community resilience aligned with the principles of the NSW Government’s Net Zero Plan. This Climate Change Policy and its companion Climate Change Action Plan 2022–25 set out a clear path for how the EPA will achieve that mission.
Click the link to view TRRA’s Submission to the EPA
Click the highlighted link to view the FINAL EPA Climate Change Policy & Action Plan 2023-2026
LAST POP-UP BOOTH for Community Consultation on Future Use of Tomaree Lodge site
The third and last of the pop-up booths will be offered on Saturday 17 December between 4.00 pm and 7.00 pm on the pathway along the Shoal Bay foreshore leading to the Tomaree Lodge entry gate (approximately 50 metres west from the car Park for the climb to the top of the Tomaree peak).
The booth has two staff from the Consultants, Umwelt, to assist and take comments. Questionnaire sheets are also offered for you to record your views. There are also boards with proposals as to possible future uses to which you are invited to vote on using coloured dot stickers. The consultation is being conducted to provide input to the Department of Communities and Justice which is responsible for the process leading to the NSW Governments determination of future uses of this important site.
In case you need further background information there was an article in the most recent TRRA December Newsletter on this issue with links to the Tomaree Headland Heritage Group’s publications on this iconic site.
Have your say on this important site.
For more detailed information click on the underlined links above.
Greater Cities Commission – Six Cities Region Discussion Paper
The Six Cities Region is a network of connected cities in Australia that lift each other up, while celebrating and leveraging each city’s unique character and strengths. The Greater Cities Commission invited submissions from stakeholders across the six cities . The paper sets out a vision for the future of the Six Cities global city region, which includes
TRRA submission click Here
TRRA has recently made submissions to the NSW Department of Planning on three important documents:
- The Draft Hunter Regional Plan 2041, which sets the planning framework for the region – Click Here
- A new approach to rezonings in NSW – Click Here
- Design and Place – a complex suite of reforms to the planning system – Click Here
We think there are both good and bad aspects to all three initiatives, and have provided our detailed comments.
We made 3 major submissions during January, including for two DA’s that were readvertised after initial submissions expressed strong concerns from the community.
In the case of the proposed Heliport next to the Anna Bay cemetery, which attracted over 80 objections, TRRA believes that the token modifications proposed are totally inadequate and that the development should simply not proceed so close to the cemetery.
Submission Click Here
The readvertised proposed 9 storey unit block on the corner of Yacaaba and Tomaree Streets Nelson Bay totally ignored the issues previously raised about the height and bulk along with significant traffic issues now that Yacaaba St is one way.
Submisson Click Here
The third submission related to the modification of the design for the redevelopment of the Bannisters complex at Soldiers Point which was approved 10 years ago. We have repeated our concerns about traffic (which has become more of a problem in the last decade) and environmental issues.
Submission Click Here
TRRA has prepared three Submission Guides on some important planning proposals on exhibition this month.
- 9-storey Apartment building, Yacaaba St, Nelson Bay – applicants response to submissions and a new Visual Impact Assessment – submissions due by 21 January – Click Here
- Bannisters Hotel redevelopment, Soldiers Point – changes to plans approved in 2011 – submissions due by 24 January – Click Here
- Anna Bay Heliport – additional supporting material – submissions due by 26 January – Click Here
DA 2021-703 for revised ‘Ascent Apartments’ proposal for consolidated sites at 11-15 Church St
http://datracker.portstephens.nsw.gov.au/Application/ApplicationDetails/016-2021-00000703-001/
TRRA Submission
We submit that this DA should be refused, on multiple grounds which we set out
below, following the sequence of the Statement of Environmental Effects (SoEE)
submitted by the applicant.
The main grounds for refusal, either of which should on its own be conclusive, are
• The applicant has failed to make a case for the 29% height exceedance –
see Part 2 of this submission for our critique of the Clause 4.6 Variation
Report
• The applicant has failed to provide adequate evidence to support a proper
assessment of the visual impact. On the contrary, the documented design
of the proposed development would clearly have an adverse and
unacceptable visual impact in the context of the adopted Nelson Bay
Town Centre and Foreshore Strategy Delivery Program. See Part 3 of
this submission for our critique of the applicant’s Visual Impact
Assessment.
For Full Submission – Click Here
Shoal Bay access
TRRA agrees that this is an urgent issue, but considers that it is premature to pursue a new road for
alternative road access to Shoal Bay and Fingal Bay, in the absence of:
- The results of the consultation undertaken by TfNSW in 2020-21
- Independent expert advice on the options for permanently securing Shoal Bay Road at the
vulnerable ‘pinch point’
TRRA Inc have raised a few questions in our submission with regard to this problem.
- Sea wall to support and protect Shoal Bay Road.
- Austral Street extension to provide alternative access.
- Other alternatives – questions.
View TRRA’s submission to PSC: TRRA submission on Shoal Bay Road Access.
Port Stephens Council Shoal Bay Place Plan
Port Stephens Council’s draft Shoal Bay Place Plan consolidates Shoal Bay’s strengths, and ambitions, and identifies short, medium and long-term actions that Council and the community can work on together to create opportunities. This Place Plan also sets out a pathway to nurture everything that’s already great about Shoal Bay.
Council has been canvassing the community’s views on its Place Plan draft. This is a significant initiative for our local community with far reaching impacts. As such TRRA Inc. have lodged a detailed submission to Council.
View TRRA’s submission to PSC: TRRA submission on Shoal Bay Place Plan.
Latitude One
DA 2022-544: 4473 Nelson Bay Road, Anna Bay
TRRA Objections to Council, 7 November 2022.
Caravan Park (Residential Lifestyle Community) comprising 171 long term sites, 2 short term sites, clubhouse and associated infrastructure.
This DA still refers to Latitude One as a ‘caravan park’ when in reality it is for a major expansion of Latitude One land lease community, comprising in effect 1711 high specification permanent dwellings.
View TRRA’s objections to PSC: TRRA submission on Latitude One expansion DA 2022-544.
Church Street High Rise
DA 16-2021-703, 11-15 Church St, Nelson Bay
Final submission (objection) to revised DA for high rise apartment building at 11-15 Church St, Nelson Bay
View TRRA’s draft position to PSC: 221028 TRRA submission – DA 2021-703, 11-15 Church St NB
DA 2022-172-1, 58 Sandy Point Road, Corlette
TRRA Objection to Council: – Jul 27, 2022.
A DA for a three-storey dwelling, swimming pool and demolish existing dwelling was first placed on public exhibition between 22 March and 5 April 2022. TRRA submitted an objection primarily due to excessive height, over development of the site and a lack of detail in the documents to allow a complete assessment.
TRRA objects to this DA on several grounds. View our third submission here: 220727 TRRA 58 Sandy Point Rd Corlette Third Submission
DA 16-2007-42-4 (S96) 53 Magnus St Nelson Bay
TRRA Objection to Council: – Jun 7, 2022
S4.55(1A) Modification to approved residential flat building – additional unit, basement parking and associated works. The original consent was granted in 2007 for a 5 storey building with basement car parking (we assume one unit per level). Subsequent modifications were approved in 2013 and in 2016. This latest application is for an addition of ‘level 5’ (note this is actually the 6th storey) to consist of a rooftop terrace and an additional 2 bedroom apartment, resulting in a total of eight units, and an expansion of the basement footprint to accommodate increased car parking.
We note that the 6.2% height exceedance will not trigger automatic referral to Council for determination, but we will be asking Councillors to ‘call-up’ this DA, as it clearly involves the contentious issues surrounding building height and scale in the Nelson Bay Town Centre.
TRRA objects to this DA on several grounds. View here: 220607 TRRA objection to DA 2007-42-4 53 Magnus St Nelson Bay.
September 2021
DA 16-2021-703, 13-15 Church St, Nelson Bay
Main objection
TRRA submits that the proposed building is simply too high – exceeding the only recently agreed new height limits by nearly a third.
Submissions should be sent to council@portstephens.nsw.gov.au with DA 2021-703 in the subject line, by 21 September.
The proposal
This new proposal is for an 80 unit apartment building with a shop and café. While the new design has some attractive features, TRRA believes it is unacceptably high. At 11 storeys, it reaches a maximum height of 36.157 metres, which is +8 metres = +29% over the new 8 storey height limit for the site adopted only last year after a lengthy and vigorous community debate.
Process
The DA is only on exhibition for 2 weeks, with submissions due by 21 September – send to council@portstephens.nsw.gov.au with DA 2021-703 in the subject line.
Council has agreed to accept submissions up until 28 September but only on individual request.
There are 15 documents online, but 5 key ones – the Statement of Environmental Effects (SoEE), a Visual impact assessment, a Variation to Development Standard (Clause 4.6) Report, and Architectural Plans. Regrettably, Council will remove most of the documents from the DA Tracker after 21 September – you can download them beforehand but beware large file sizes (Plans are 55MB).
Council has confirmed that this DA will go to Council for determination because it is for a variation >10% and so will not be decided by staff under delegated authority. There is no need for it to be called up by 3 Councillors.
Key issue: Height variation
The proposed building is almost one-third higher than the new height limit for this site finalised less than a year ago. The developer’s claim reported in the Examiner (9 September) that the height variation is only ‘approximately 10% over the height limit’ is incorrect. Both the SoEE and the Variation Report include the following statement:
‘The site contains a prescribed maximum height of building of 28m. The highest point of the proposed development measures 36.157m above the natural ground level (top part of the ‘wing’ on the north-eastern corner), representing a 8.157m or 29% variation, requiring a variation request and associated assessment against Clause 4.6 of the PSLEP.’ (p26)
Council is required to assess this DA against the current Local Environmental Plan (LEP), which includes the recent new height limits for the site. The applicant argues that it has approval for a building nearly the same height, but that was on a smaller site, and was assessed against the previous height limit, and the argument should carry little weight under planning law.
To justify an exception to the height limit, the applicant is required by planning law to show why compliance with the limit would be ‘unreasonable or unnecessary’. TRRA does not believe they have done so.
Community opinion
The previous approval for the Ascent Apartments was granted in the midst of a fierce community debate about height limits for the entire Nelson Bay Town Centre. Hundreds of individual citizens made clear their opposition to Council’s proposals to allow buildings of 10 or more storeys throughout the town centre. In the end, a compromise was reached with new height limits of 5 and 8 storeys, and these were confirmed in changes to the Local Environmental Plan less than 9 months ago.
Councillors spoke of the new height limits giving certainty to landowners to encourage investment. Approval of a building nearly one-third over the limit for this site would completely undermine this objective, and create a precedent – once again development in the town centre would become a lottery.
Conclusion
TRRA has consistently welcomed the prospect of any developer prepared to invest in the town within the applicable rules. We would particularly welcome a good new development to replace the unsightly hole on this vacant site that has blighted the town for too long.
But we do not welcome defiance of Council’s clearly expressed new rules for development in the town centre. Granting a variation from standards such as building height limits amounts to a free gift of extra value to landowners and/or developers. It should not be done lightly.
In this case, TRRA submits that the applicant should be asked to reduce the height of the building so that it complies with the recently adopted limits and meets community expectations. There is no evidence that a building that complies with the height limit could not be commercially viable.
Council staff and Councillors should follow through on their commitment to the Nelson Bay Strategy, as implemented in the recent amendments to the Local Environmental Plan, and refuse this DA, unless the design is changed to comply with height limit.
To discuss TRRA’s position on this DA, please contact us at planning@trra.com.au or 0407 230 342
13 September 2021
Download Submission guide – Click Here
Press Release – Click Here
Bigger, bulkier and higher still – is this the future for Nelson Bay?
A new DA has been lodged for the ‘crane’ site on Church St, Nelson Bay, on exhibition until 21 September. Council will accept submissions up to 28 September but only if you ask before 21/9 – see email address below.
The proposal is for an 80 unit 11 storey apartment building, the first 2 levels being carparking below the level of the Church St footpath. The sloping site (down to the north and east) results in a height of at least 33m above ground level, with a maximum height of 36 metres. This is 8 metres or 29% over the new 8 storey height limit for the site adopted only last year after a lengthy and vigorous community debate. The report in the Examiner this week that it is only 10% higher is incorrect.
This image is taken from the application documents, which are available online until 21/9 at http://datracker.portstephens.nsw.gov.au/Application/ApplicationDetails/016-2021-00000703-001/
We encourage you to have your say about this proposal, which you can do by emailing Council at council@portstephens.nsw.gov.au with DA 2021-703 in the subject line.
Background: This is a new proposal for the combined site 11-15 Church St. The controversial approval of the Ascent Apartments in 2017 was for the smaller site 11-13 Church St. That approval was for an 8 storey apartment building which would have had a maximum height of 32 metres, which was more than twice the 5 storey height limit that applied at the time.
Proposed Helicopter Base at Anna Bay
TRRA is aware of considerable community concern about a proposal to establish helicopter landing base with 4 pads and 2 hangars at the rear of the Ampol service station and car wash at 4136 Nelson Bay Rd Anna Bay, very close to the Anna Bay Lawn Cemetery. Up to 70 flight movements a day are proposed, between 8am and 6pm 7 days a week.
Details of the DA 2021-387 are online at
http://datracker.portstephens.nsw.gov.au/Application/ApplicationDetails/016-2021-00000387-001/
Try to get any submission in by Tuesday 6th July 2021 but if necessary you can request an extension of time.
Full Document – Click Here
Final TRRA Submission – Click Here
DA 2020-242, 7 level, 62 unit apartment building 118A Soldiers Point Rd. – TRRA Submission
We have objected to a new DA for a vertical 7 storey apartment building behind the Soldiers Point Bowling Club – a proposed replacement for the already approved final stages of the Greenside development, which were to be a series of lower buildings tiered up the slope. See our detailed submission Click Here
This is our conclusion:
TRRA submits that the proposed development is simply too high (and ‘blocky’) to be compatible with the character of the surrounding area. Council should not approve a re-design of the approved development simply because the applicant has encountered geo-technical constraints. The re-design cannot in our view reasonably be considered an improvement on the approved design, and it fails to comply with a significant number of applicable planning controls.
The DA should be refused.
High rise proposal for Soldiers Point – submission guide
DA 2020-242, 7 level, 62 unit apartment building 118A Soldiers Point RdKey points for submissions, due by 5pm Monday 23 February 2021.
The proposal is to replace an approved design for four lower apartment blocks with a single higher (7 level – 25 metre) building at the front (east) of the site, with 11 fewer units overall. The existing approval is for four separate buildings with a maximum height of 8 metres above ground level (the ones to the rear of the site would appear higher when viewed from some directions as the ground level slopes). The footprint and site coverage of the approved buildings would be much greater and the landscaped area much smaller.
Full Guide – Click here
DA 2020-830 – 8 Central Avenue, Salamander Bay (LOT 7 DP: 1239352) – Objection
TRRA has particular concerns about the implications of this development for pedestrian safety and amenity on the public pathway immediately to the north. We are also very concerned about the absence of any opportunity for public input on the precursor approval for the proposed industrial building which will house this specific use.
Full Submission Click Here
Fingal Bay Link Road
Submission to Transport for NSW 11 December 2020
TRRA believes that there are some major threshold analyses and considerations which need
to be addressed before firm commitments are made on routes. Additionally a business case, including a cost/benefit analysis is essential to evaluate the various options. This should clearly define the objectives of the Link Road, having regard for the nature of the communities it would serve and impact upon.
Full Submission – Click Here
EXCEPTIONS TO DEVELOPMENT STANDARDS POLICY
TRRA has reminded Council of the weakness of its ‘variation’ policy which allows for exceptions from development standards including height limits, throughout Port Stephens. Council used this LEP clause in 2016 and 2019 to approve two apartment buildings in Nelson Bay that were double the then height limit (we have yet to see any sign of the promised investment). Our submission asks Council to respond to the many criticisms we first made in 2018, which they largely ignored.
Full Submission – Click here
Next stages of Nelson Bay Road Duplication
TRRA has made a submission on the route options for the next stages of Nelson Bay Road duplication between Williamtown to Bobs Farm. The State government has introduced a third option of a completely new road across the low lying farmland north of the Stockton Bight dunes. Our main interest is in the traffic implications, including for the increasing volumes of heavy sand trucks, but there are other environmental pros and cons of the different routes – see the submission – Click Here
Port Stephens Council WASTE MANAGEMENT AND RESOURCE RECOVERY
POLICY – File Reference PSC2007-3163
Our bottom line is that the Policy is nowhere near ambitions or broad enough and needs a lot more work. We have expressly called for further consideration of a separate green waste collection, including its relationship to the current mixed waste processing plant at Raymond Terrace, which was innovative when introduced 20 years ago but has encountered problems with its composting output and may not be the best solution.
Full Submission – Click Here
Information and Direction Signs on Road
Reserves Policy
In 2020 we have identified as a high priority the need to improve the visual
standards and general presentation of the Gateway to the Tomaree Peninsula.
Central to this is the control and management of the various approach roads to
our area such as Nelson Bay Road. We have commenced detailed discussions
with Planning Officers on the initiative.
Full Submission – Click Here
Letter to Council about tree removal in Nelson Bay CBD
An immediate issue has arisen in relation to two trees outside the Seabreeze Hotel in Stockton St which have recently had barriers placed around them, but the issue is wider, having come up many times before, including in 2018 in relation to trees further south on Stockton St which were removed at short notice with inadequate consultation.
Full letter – Click here
Council allows 8 and 12 Storeys in Nelson Bay
The content of the two submissions below each raises the issue of transparency in council processes. Although these are quite detailed documents we recommend your taking the time to review them.
Submission on Council Policy: Development Applications to be reported to
Council – Click Here
Submission onSmart Parking – Fees and Charges Amendment – Click Here
PORT STEPHENS GATEWAY EXCELLENCE – PROJECT BRIEF
Project Mandate
To remediate the roadway entrance to Port Stephens for it to reflect the current Destination
Port Stephens marketing strategy as ‘Incredible by Nature’. This entails presenting a visual
impression along the road entry to Port Stephens as the premier regional NSW Tourism
destination.
Full Document – Click Here
Port Stephens Council Tree Management
As you are aware, TRRA, EcoNetwork Port Stephens and many other environment groups in Port Stephens have had serious concerns for a long time about Council’s tree management policy and related compliance monitoring and enforcement.
We briefly discussed these issues in our Zoom meeting with you on 8 September and promised to follow up with our concerns in writing. This letter does so, and we would welcome the opportunity to further discuss our ongoing concerns which relate to clearing on both private and public land.
The letter details our overall concerns, while the Attachment contains 3 case studies of recent clearing on public land.
Full Text – Click Here
Proposed ‘housekeeping’ amendments to the Port Stephens Local Environmental
Plan 2013 (LEP)
https://www.portstephens.nsw.gov.au/trim/other?RecordNumber=21%2F226534
We note that only 10 of the 13 proposed amendments were initially listed in the summary of the changes on thewebsite – this has subsequently been rectified.
It is also disappointing that the material on exhibition does not include a ‘tracked changes’ version of the LEP clearlyshowing all the proposed changes. This omission makes it very difficult for the public to fully understand theproposal and consider the implications of the changes.
As indicated on the website, most of the proposed amendments are of a technical nature designed to address minoradministrative matters, and are uncontroversial.
There are however a few amendments that have more substantive effect and on which we make the followingcomments.
Full Text – Click Here
We have no objection to this submission being made public in full and unredacted.
Draft Strategic Plan for Crown land in NSW
TRRA has made a detailed submission on a draft Strategic Plan for Crown land in NSW. While an overall Plan is welcome, and it contains many welcome principles and objectives, we fear that will be used as a smokescreen and excuse for increased commercialisation of public land. The contribution of Crown land to environmental protection is constantly under threat. We have made several suggestions for changes, including an emphasis on greater transparency and accountability, using the Port Stephens Council Holiday Parks as examples of how not to manage Crown land in the public interest.
Full Submission – Click Here
The Future of Nelson Bay
TRRA has made a comprehensive submission to Council objecting to the proposed increases in building heights and floor space ratio limits in the Nelson Bay Town Centre – Click Here (Be aware if printing it is 17 pages). The submission goes into a lot of detail – the key points which we encourage others to make in their own submissions remain those in the Submission Guide that has been available – Click Here for some time. Submissions needed to be made by 5pm on Friday 14 August.
Last chance to object to high-rise in Nelson Bay Centre
Council is exhibiting proposed changes to the planning instruments (LEP and DCP) that are required to give final effect to the increased height limits and other changes adopted back in late 2018.
Most of the changes are positive and will help advance those aspects of the Nelson Bay Strategy that have broad support in the community. BUT we think the height and floor space ratio (FSR) changes are a threat to the character of the town.
We call on everyone concerned about this to object and to remind Council that they are forcing these changes through against the clear wishes of the local community, repeatedly expressed over many years.
We have prepared this submission guide, suggesting some key points you may wish to include in a submission to Council, which needed to be received by 14th August. (Previously 30th July).
Full Submission Guide – Click Here
Port Stephens Council Tree Management – Draft changes to Development Control Plan (DCP)
The statement in the report to the 23 June 2020 Council meeting: ‘There are no policy changes proposed …’ is misleading. Council’s proposed introduction of a ‘self-certification’ regime, without input from a qualified arborist, as the means of implementing a 2017 State Government Vegetation policy[1], does in practice mean a significant (and undesirable) change to the Tree Management provisions.
In our view, the draft amendments:
- make tree removal easier, increasing the risk of removal for inappropriate reasons
- do not adequately support the objective of the 2017 State Government Policy – to preserve and protect trees
- weaken Council’s ability to perform its legislated role under the 2017 Policy
Full Guide – Click Here
Full TRRA Submission – Click Here
[1] State Environmental Planning Policy (Vegetation in non-Rural Areas) 2017 (Vegetation SEPP)
Port Stephens Council – Draft Climate Change Policy
Welcome, if long overdue (Council has flagged need since at least 2009)
On Exhibition July 2020 – submissions by 5pm 24 July to council@portstephens.nsw.gov.au
Reference PSC2012-01402
For Policy – Click Here
Submission Guide from TRRA, EcoNetwork, and Climate Action PS
For Details – Click Here
Submission from TRRA – Click Here
Improving the visual amenity of the approach to the Tomaree peninsula
TRRA has put a detailed proposal to Council for improving the visual amenity of the approach to the Tomaree peninsula along Nelson Bay Road. Click here Council staff have offered a meeting to discuss our ideas.
Nelson Bay Photographs Click Here
Nelson Bay height limits – an update
The Dept of Planning has issued its long awaited ‘Gateway Determination’ on PS Council’s Planning Proposal to amend the PS LEP 2013 to implement the Nelson Bay Town Centre ‘Delivery Program’[1] adopted by Council in September 2018. Council submitted the Proposal in April 2019 – the Determination is dated 17 March 2020. These processes work slowly!
The proposal involves changes to the height controls (major increases) and new controls on Floor Space ratios (FSR) and on activated and minimum street frontages. The LEP has to be changed to make these new/amended controls ‘official’ although Council has already approved two DAs for major apartment buildings in the town centre that are double the current height limit.
TRRA made detailed submissions to the Dept of Planning about what we saw as the shortcomings and procedural failures in the Review of the Nelson Bay Strategy. We are pleased that the Dept appears[2] to have recognised many of these weaknesses, and is now requiring Council to undertake substantial new work to support the proposal before it will be permitted to go on Exhibition, and has given an 18 month period in light of the amount of work required. This means that we are unlikely to see LEP amendments on exhibition much before mid 2021. As Council elections have been deferred due to the pandemic, this is likely to mean that it will be a new Council that finally decides if these changes go ahead unchanged.
We particularly welcome the following conditions: Council will need to:
- submit a comprehensive ‘Urban design analysis’ that justifies the changes, includes a visual impact analysis, and demonstrates how the proposals will meet various requirements, most of which confirm that the Dept is sceptical about how well the proposal does so. They appear particularly critical of the lack of information about the effect of higher buildings on views, local character, overshadowing etc. (our main concerns)
- advertise related changes to the DCP alongside the LEP amendments
- make public a summary of community consultation to date
On the downside, the Determination confirms Council as the plan-making authority for these LEP changes once all the conditions are satisfied – that means it will be our Councillors, rather than an independent panel, that makes the final decision. Also, no public hearing required (but it will have to come back to a Council meeting at which anyone can request ‘public access’).
We are also disappointed that the Determination has declined to accept our threshold argument that the Delivery Program height limit changes are fundamentally inconsistent with the objectives of the Strategy, and has also assessed the Proposal as consistent with State and Local planning instruments in a number of other respects which we had challenged.
The Report does not comment on the fact that two DAs for apartment buildings twice the current height limit have been approved in the last 4 years but neither has gone ahead, somewhat undermining Council’s main argument that increased heights is necessary to attract new developments. This will be one of our main submissions in due course.
Overall, this is very good news for those of us who believe Council’s obsession with increased heights is misguided and against the public interest. It is not yet a ‘done deal’.
[1] In full, the Progressing the Nelson Bay Town Centre and Foreshore Strategy – a revised Implementation and Delivery Program.
[2] As well as the Conditions it has imposed, the Dept also issued a 27 page report detailing a number of ways in which the current Proposal was not considered adequate. See http://leptracking.planning.nsw.gov.au/proposaldetails.php?rid=6069
Community Vision for the Future of Tomaree Headland, Shoal Bay, Port Stephens
TRRA Inc has been working with a consortium of community, business and environmental groups, “ Friends of Tomaree Headland” to develop a prospectus for the future of this iconic site once its current use comes to an end in 2020. A copy of the prospectus and a covering Press Release Follow.
In reacting to the Friends’ prospectus, the member for Port Stephens Kate Washington and the Liberal candidate for Port Stephens Jaimie Abbott both announced on 4 February commitments to retain the site of Tomaree Lodge in public ownership and to consult with the community on its future use.
Harvey Norman DA at Taylors Beach
Harvey Norman are proposing a major development at Taylors Beach to include their own large store, another servo, fast food outlet and 19 other industrial lots. While much of the site is already cleared (illegally over a decade ago) the proposal will clear even more vegetation including 28 koala feed trees.
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We urge concerned individuals to make a submission by Friday 31 January – see Link or just email council@portstephens.nsw.gov.au with ‘DA 2019-815 – Objection’ in the subject line. Key grounds for objection are loss of further fauna habitat, stormwater drainage issues, traffic generation and loss of visual amenity. We believe that in the context of climate change, bushfires and existential threat to our koala population, Council needs to re-think its approach to approving major developments even on land already zoned for business use.
Resort at 58 Gan-Gan Rd, Anna Bay
There is a current DA for a 247 unit resort at 58 Gan-Gan Rd, Anna Bay, next to the currently derelict ‘Birubi Beach Resort’ site. Council has only advertised the DA for the minimum required exhibition period and submissions were due by 7 November 2019. A meeting at the site was arranged by the South Tomaree Community Association for 10am Friday 1 November which was attended by State MP Kate Washington.
Full Details – Click Here
TRRA’s objection document – Click Here
Fingal Link Road – let us know what you think.
The State Government has committed $188 million to the construction of a Fingal Link Road, and the RMS is currently in the planning stage before consulting publicly. TRRA thinks it is important for the community to consider both the rationale for such a road and the pros and cons of alternative routes. We invite comment on our discussion paper Click Here. We will collate feedback and provide it to the RMS and Council as input to their planning process.
‘Have Your Say’ : Click Here,
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1 Yacaaba Street up for Sale
For details – Click here
Council fails the community on Nelson Bay High-rise
We are sad to report that Council has approved the 9-storey apartment building at 1 Yacaaba St, by a vote of 9 to 1, against the recommendation of its own planners, and ignoring the clear weight of opposition to high rise development in the town centre. We are particularly disappointed in our three East Ward Councillors – Dunkley, Nell and Abbott, who all voted for a last minute motion, with less than half an hour’s notice, from Mayor Palmer to approve the controversial proposal. Our thanks go to Cllr Arnott who alone opposed approval but was denied even the opportunity to move the published recommended motion to refuse.
Unfortunately there is no merits appeal option and while we think there are strong grounds to question the process that has led to the approval, a judicial review appeal is beyond our means. We can see three possible scenarios now. The development may go ahead and successfully sell to permanent residents, in which case there may at least be some benefit to compensate for the sacrifice of the town’s character. More likely is eventual completion but with sales mainly to investors, and a majority of units unoccupied for most of the year – the same sacrifice but with little long term benefit. A third scenario is for the site to remain undeveloped, like the one at Church Street approved in 2017. The threat of further tower blocks which would obscure views could well ruin the commercial prospects and sterilise the revitalisation prospects of the town.
TRRA believes that Council has now missed the opportunity to set a clear vision for the town that respects its unique geography and character. We remain strongly of the view that sensible new height limits, such as the modest increases agreed back in 2012, together with all the other aspects of the Nelson Bay Strategy which have broad support, could have attracted investment to revitalise the town. Instead, Council has voted to allow a more than doubling of the height limits across large areas of the town centre. Given the uncertainty this will create, landowners will now be trapped by a toxic mix of fear and greed, likely to result in a continued moratorium on new development.
There will be one last opportunity to challenge Council’s flawed vision, when the proposed new height limits adopted in September 2018 are put on exhibition as changes to the Local Environmental Plan later this year. But with 9 of our 10 elected representatives having made their position clear, a challenge is not likely to succeed. We should perhaps look instead to the September 2020 Council election at which Councillors will be held to account for their decisions.
TRRA’s Committee is considering what further action the community could take, including strong representations to the Minister for Planning on the flawed process followed by Council over the last few years and the implications of their approvals of major height variations for the character of the town. It is clear that there is a major backlash against overdevelopment throughout NSW, and even the pro-development State government is having second thoughts about its support for high rise development in many areas.
This image (from the DA) demonstrates the visual impact, by reference to the existing buildings to north and south.
TRRA’s July Submission – Click Here
November Submission – Click Here
More – Click Here
Sandmines in Port Stephens
Lot 424 Halifax Holiday Park.
Lagoons Estate Story
2017 Port Stephens Council Elections Page
Council Mergers/Amalgamations Page
I.C.A.C. Archive
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