The Pathway to Successful Development of non-urban land at North Arm Cove
Written by David Buxton, NACRPA President
22 March 2025
Alathan Pty Ltd have kindly given the Association their views and some informal timeframe estimates on how they view the progress and approximate timing of their plan for future development of non-urban land at North Arm Cove.
I have tried to abbreviate the pathway forward by listing the main points and giving some guidance to when and where the main milestones will occur.
1. Presenting Council with a “Scoping Proposal”
A scoping proposal is being prepared by an independent contractor who investigates the opportunities for all stakeholders, including landowners and Council. It is an early stage outline of what is being proposed and the reasons why Alathan intend follow on with further planning stages, and to seek initial feedback from Council.
Timeframe: next 3 months
2. Alathan are planning to Lodge a Planning Proposal
This is a voluminous package of documents lodged with Council for their consideration which includes amongst many documents, an application to re-zone the non-urban land from C4 to a broader zoning framework, including residential R1.2 & 3, and other classifications, to provide for a range of uses, such as recreation, conservation etc.
This will also allow for a much smaller lot size than the current 10 hectares in MidCoast Council’s LEP. Included in the package of docs will be various independent studies:
As with any rezoning proposal, Council will have to undertake a comprehensive review of the Proposal and offer their feedback. It will also be required to be placed on public exhibition.
Timeframe: 18 -24 months after the Planning Proposal is lodged (depending on Council)
3. Creating a Development Plan
This is the main body of work which identifies exactly what the proposed subdivision plan will look like and will outline the estimated costs. Most importantly, this plan will show how it will all be funded and how it will be constructed. It would also outline the stages of development and how any surplus profit will be distributed back to landowners.
Preparation of the Development Plan and the landholders ballot will be formally run by the relevant authority, which will most likely be the Hunter and Central Coast Development Authority, but possibly Landcom. Council have indicated that they do not wish to undertake this role. Once finalised, after extensive consultation with Alathan and other agencies, a Development Plan will be sent to landowners for a vote. As we know, it needs the approval of 60% of landowners representing 60% of the land area for the development to proceed.
Timeframe: 18-24 months (but outside of Alathan’s control), but in concert with the Planning Proposal
4. Subdivision Order
Under the Paper Subdivision legislation, once the Development Plan is approved by the required number of landowners, the Minister of Planning NSW, can issue a Subdivision Order which allows the development to proceed.
Timeframe: 6 months (but out of Aathan's hands)
5. Staged subdivision
A development of this size cannot be done all at once. There will be several to many stages, which will be outlined in the Development Plan
Please note that some of these timeframe estimates overlap and are not concurrent. Many of the requirements for the Planning Proposal form part of the Development Plan.
6. Costs Involved
Alathan are prepared to meet all costs as the milestones are met. This will amount to many millions of dollars. They will only do this on the basis of getting a decent return, which means that they have to balance the economic outcomes of both themselves and all landowners. This will become more evident as the Planning Proposal looms. They have promised to share their views with the Association as their plan takes shape.
Costs will be outlined before the Vote.
Contact David Buxton, nacrpa@gmail.com, if you would like to learn more.
22 March 2025
Alathan Pty Ltd have kindly given the Association their views and some informal timeframe estimates on how they view the progress and approximate timing of their plan for future development of non-urban land at North Arm Cove.
I have tried to abbreviate the pathway forward by listing the main points and giving some guidance to when and where the main milestones will occur.
1. Presenting Council with a “Scoping Proposal”
A scoping proposal is being prepared by an independent contractor who investigates the opportunities for all stakeholders, including landowners and Council. It is an early stage outline of what is being proposed and the reasons why Alathan intend follow on with further planning stages, and to seek initial feedback from Council.
Timeframe: next 3 months
2. Alathan are planning to Lodge a Planning Proposal
This is a voluminous package of documents lodged with Council for their consideration which includes amongst many documents, an application to re-zone the non-urban land from C4 to a broader zoning framework, including residential R1.2 & 3, and other classifications, to provide for a range of uses, such as recreation, conservation etc.
This will also allow for a much smaller lot size than the current 10 hectares in MidCoast Council’s LEP. Included in the package of docs will be various independent studies:
- Bio-diversity studies
- Bushfire management studies
- Aboriginal considerations
As with any rezoning proposal, Council will have to undertake a comprehensive review of the Proposal and offer their feedback. It will also be required to be placed on public exhibition.
Timeframe: 18 -24 months after the Planning Proposal is lodged (depending on Council)
3. Creating a Development Plan
This is the main body of work which identifies exactly what the proposed subdivision plan will look like and will outline the estimated costs. Most importantly, this plan will show how it will all be funded and how it will be constructed. It would also outline the stages of development and how any surplus profit will be distributed back to landowners.
Preparation of the Development Plan and the landholders ballot will be formally run by the relevant authority, which will most likely be the Hunter and Central Coast Development Authority, but possibly Landcom. Council have indicated that they do not wish to undertake this role. Once finalised, after extensive consultation with Alathan and other agencies, a Development Plan will be sent to landowners for a vote. As we know, it needs the approval of 60% of landowners representing 60% of the land area for the development to proceed.
Timeframe: 18-24 months (but outside of Alathan’s control), but in concert with the Planning Proposal
4. Subdivision Order
Under the Paper Subdivision legislation, once the Development Plan is approved by the required number of landowners, the Minister of Planning NSW, can issue a Subdivision Order which allows the development to proceed.
Timeframe: 6 months (but out of Aathan's hands)
5. Staged subdivision
A development of this size cannot be done all at once. There will be several to many stages, which will be outlined in the Development Plan
Please note that some of these timeframe estimates overlap and are not concurrent. Many of the requirements for the Planning Proposal form part of the Development Plan.
6. Costs Involved
Alathan are prepared to meet all costs as the milestones are met. This will amount to many millions of dollars. They will only do this on the basis of getting a decent return, which means that they have to balance the economic outcomes of both themselves and all landowners. This will become more evident as the Planning Proposal looms. They have promised to share their views with the Association as their plan takes shape.
Costs will be outlined before the Vote.
Contact David Buxton, nacrpa@gmail.com, if you would like to learn more.
The Steps Required to unlock a Development Solution at North Arm Cove
Planning for Paper Sub-Divisions – The Process
Notes – refer to Schedule 7 to the Environmental Planning and Assessment Act 1979 and Part 16C of the Environmental Planning and Assessment Regulation 2000. Environmental Planning and Assessment Act 1979 No 203 - NSW Legislation
Steps:
1. Land must be demonstrated to have development potential by an environmental planning instrument (zoning) OR planning proposal which facilitates development.
2. A Subdivision Authority gets appointed. This can be at the request of the Minister or by Council making its own recommendation. Its likely to be either:
If Council will not rezone, any entity (a business or organisation) can make representations to LandCom or the Minister to encourage development at North Arm Cove. This would be on the basis of disproving Council’s assertions that we cannot develop.
OR
Council commits to preparing a Development Plan. This may be at land owners' expense, as Council have maintained their land holdings are for 'conservation and perpetuity'.
3. Once a Subdivision Authority is appointed, the Subdivision Authority would prepare the Development Plan - which would include finding solutions to the provision of essential services (water, power, sewerage) and infrstructure (roads, public spaces).
4. The Development Plan is then distributed to all paper-subdivision landowners, who need to show at least 60% support for the proposal.
Contribution written by Sonja Shand and Sheree McKenzie
Planning & Development Sub-committee
NACRPA
15th February 2022, updated 15th May 2024
Notes – refer to Schedule 7 to the Environmental Planning and Assessment Act 1979 and Part 16C of the Environmental Planning and Assessment Regulation 2000. Environmental Planning and Assessment Act 1979 No 203 - NSW Legislation
Steps:
1. Land must be demonstrated to have development potential by an environmental planning instrument (zoning) OR planning proposal which facilitates development.
2. A Subdivision Authority gets appointed. This can be at the request of the Minister or by Council making its own recommendation. Its likely to be either:
- Council
- LandCom
- Hunter Development Corporation
If Council will not rezone, any entity (a business or organisation) can make representations to LandCom or the Minister to encourage development at North Arm Cove. This would be on the basis of disproving Council’s assertions that we cannot develop.
OR
Council commits to preparing a Development Plan. This may be at land owners' expense, as Council have maintained their land holdings are for 'conservation and perpetuity'.
3. Once a Subdivision Authority is appointed, the Subdivision Authority would prepare the Development Plan - which would include finding solutions to the provision of essential services (water, power, sewerage) and infrstructure (roads, public spaces).
4. The Development Plan is then distributed to all paper-subdivision landowners, who need to show at least 60% support for the proposal.
Contribution written by Sonja Shand and Sheree McKenzie
Planning & Development Sub-committee
NACRPA
15th February 2022, updated 15th May 2024
The Mid Coast Council Local Environment Plan - Explained
Three Councils were amalgamated to create MidCoast Council (MCC). They were given a deadline to align their legal documents.
A Council's Local Environmental Plan (LEP) is the key legal document for Planning in their local government area. MCC is currently undertaking a review to update their LEP.
In order to create a new LEP, MCC need to go through a process of Strategic Planning, where Council demontrates the alignment of their planning principles, in conjunction with Regional and State Plans and Policies. The LEP then informs the following strategies:
- urban planning strategies
- rural planning strategies
- housing planning strategies
- infrastructure planning strategies
As an Association and active members of the North Arm Cove community, NACRPA members have provided comments/submissions to Zone In strategy and Local Strategic Planning Statement (LSPS). We have also provided input to the Draft Rural Strategy, and asked to be included in the Community Plan. To date our contributions have been ignored. We were excluded from making contributions in the Community Plan.
The Rural Strategy is the final document that is exhibited for public comment before the LEP is created.
Until May 2024, the proposal by MCC was to change our land from RU2 Non-Urban to Environmental Management zoning - which would reduce the value of our land. The State Government has since instructed MCC not to rezone North Arm Cove to 'Environmental Management' but to 'Environmental Living'. This is good news, as it opens the door for residential development for the first time in our history. We would encourage all landowners to contact Council and provide feedback on the Draft Local Environment Plan LEP here. Make a Submission by 11.59pm Sunday 14 July.
You can read more about the C4 Environmental Living zoning for Paper Subdivisions like North Arm Cove here
North Arm Cove ratepayers make up 5% of all ratepayers of MCC - we should not be ignored. Not without legal and political consequences.
We also have opportunity to vote in local elections.
A legal association like NACRPA provides an opportunity to lobby stakeholders including Council and Private Developers, to prepare plans for the future of our area and community. We are also the legal representation of landowners when approaching State government and relevant Ministers to communicate what is in our best interests.
We will also be taken more seriously by media - who will be spreading the news of our problems and proposals - which is already taking place. You can watch a recent News segment on NBN News below.
Contribution written by Dejan Simovic, updated by Sheree McKenzie
15 May 2024