Amended planning controls for Argyll Estate precinct

Public exhibition has closed and amendments have been adopted

Coffs Harbour City Council is proposing changes to its planning rules to enable the re-development of land within the Argyll Estate precinct for a range of medium-density residential development. The Argyll Estate Precinct planning area is shown on a map in the Document Library.

The proposed changes were on public exhibition from 17 August until 14 September. Council considered the proposed amendments and submissions received at its meeting of 14 December 2023 and resolved to finalise the LEP amendment and adopt the DCP amendment. The LEP amendment was made the NSW Government on 25 January 2024 and is in effect from 2 February. The DCP amendment came into effect on 12 February 2024. Following exhibition and changes to the proposed LEP amendment, the draft Contributions Plan was not put to Council for adoption.

Council's proposed changes

Council has resolved to initiate an amendment to Coffs Harbour Local Environmental Plan (LEP) 2013 to facilitate the re-development of land within the Argyll Estate Precinct for a range of medium-density residential development. The proposed amendment to the LEP includes changes to the zoning of part of the area from low density residential to medium density residential. The amendment would also allow development of dual occupancies on lots less than 800 square metres in parts of the area and would also introduce special flood considerations to the assessment of development applications.

Consideration of flooding has been a key part of deciding whether the Argyll Estate precinct is suitable for increased residential development. The area proposed for medium density housing has avoided the most flood-prone parts of the area. It would also be a requirement that the floor level of all new dwellings is at the level of the probable maximum flood to ensure habitable areas of dwellings are not subject to flooding and to allow residents to shelter in their homes during flood events. The flood study conducted has shown that new development would not increase flood levels in the area.

Council has also resolved to publicly exhibit a draft amendment to Coffs Harbour Development Control Plan (DCP) 2015 and draft Argyll Estate Precinct Contributions Plan. The draft amendment to DCP 2015 is intended to provide detailed development controls that aim to achieve development in the Argyll Estate Precinct that is responsive to its site and context, that contributes to the public realm and that adequately responds to natural hazards. The draft Contributions Plan is intended to identify infrastructure that will support additional residential population in the Argyll Estate Precinct, and to identify financial contributions that can be levied from future development to pay for that infrastructure.

In preparing the draft LEP amendment, draft DCP amendment and draft Contributions Plan, the project team carefully reviewed the community’s feedback received during early consultation along with the findings of a number of technical studies.

Gateway Determination and local plan making authority

On 23 June 2022 the NSW Department of Planning and Environment (DPE) issued a Gateway Determination advising that the Planning Proposal could proceed subject to conditions. The Gateway Determination and DPE's letter to Council are in the Document Library. The Minister has not designated Council as the local plan making authority for this Planning Proposal.

Public exhibition and consultation

The proposed LEP amendment, DCP amendment and draft Contributions Plan were on public exhibition from 9.00am Wednesday 17 August 2022 to 5.00pm Wednesday 14 September 2022. Any person was able to review the documents and make a submission during this period. The documents are available to view under the 'Document Library' and 'Important Links' on this page.

The period to make submissions is now closed.