Proposed changes to the Shellharbour LEP 2013

What area does the Planning Proposal apply to?

This Planning Proposal applies to Lots 1 – 72 DP 1246825 and Lot 75 DP 1246825 (previously Lot 17 DP1168920), Candelo Place, Araluen Terrace and Broughton Ave, Tullimbar.

This land is generally located south and south west of the Tullimbar Public School. It includes land currently zoned 1(a) on the knoll that backs on to properties in Johnstons Close as well as extending southward towards the end of the valley.

What are the proposed changes?

A Planning Proposal must be prepared to rezone or change the planning controls that apply to the land in an LEP.

This Planning Proposal has the following objectives and intended outcomes:

  • Rezone the land currently zoned Mixed Use Residential 2(e) and Rural 1(a) to a combination of R2 Low Density Residential, R5 Large Lot Residential, SP2 Infrastructure (Electricity Transmission and Distribution) & E3 Environmental Management
  • Include a range of provisions including limiting development opportunities to certain parts of the site and lot sizes ranging from 300m2 to 40 hectares
  • Provide an end state for the land that optimizes the development opportunities but provides protection to the significant vegetation on the land
  • Provide a transition in lot size and development density on the land that backs on to existing large lot development and land at the end of a small valley with no alternate access so that lots are larger and there is no more than one dwelling house and a secondary dwelling
  • Not permit structures on land having high environmental significance.

The proposed outcome will be achieved by amending the following Map Layers in Shellharbour LEP 2013 - Zoning, Building Height, Floor Space Ratio, Lot Size, Local Clauses, Terrestrial Biodiversity and the introduction of provisions that limit the location and form of housing on the land.

The land is currently zoned Residential 2(e) and 1(a), Shellharbour LEP 2000. The current versions of Shellharbour LEP 2000 and Shellharbour LEP 2013 can be found on our webpage under the Local Environmental Plans (LEPs) link.

The Minister for Planning & Public Spaces has delegated the making of the Local Environmental Plan to Council.

Draft Voluntary Planning Agreement

In order to help support the Planning Proposal, Council and Dahua Pty Ltd (the owner of the land) have prepared a Draft Voluntary Planning Agreement (Draft Agreement).

Under the terms of the Draft Agreement, Dahua will provide Council with a monetary contribution of $70,000 to help fund upgrades to Yellow Rock Road between the Illawarra Highway and Wongawilli Street. This money will be paid to Council in addition to the normal development contributions that will be paid through Council’s 7.11 Local Infrastructure Contributions Plan. An Explanatory Note has also been prepared which helps to explain the background to the Draft Agreement.

Public Exhibition

The Planning Proposal and associated documents are available on Council's website. Before making a submission or leaving feedback, please review all of the documents:

  • Planning Proposal
  • Bushfire Assessment
  • Draft Voluntary Planning Agreement
  • Draft Voluntary Planning Agreement Explanatory Note
  • Ecological Constraints Assessment
  • Gateway Determination NSW Department of Planning, Industry & Environment
  • Geotechnical Assessment
  • Traffic Impact Assessment
  • Water Cycle Management Study

Contamination Assessment

Public Submissions

Submissions have now closed.