DA242-10-2004 Modification 2

In regards to the Proposed Amendment to DA 242-10-2004
We are a resident of Winchelsea Way and as such have a unique understanding and practical knowledge of the existing situation and surrounds.
Firstly in regards to the Applicant, they have not instilled confidence of doing the right thing. Already, I believe they have shown disregard for policy and procedures of the Tweed Shire Council by removing trees / Vegetation without approval and erecting a Billboard on the end of the development.
In regards to the amendment. " Delete the requirement to upgrade the intersection of Winchelsea Way and Terranora Road
through an amendment to Condition B7."
We strongly disagree with this deletion for the reasons below.
1. Traveling from the West on Terranora road and turning right into Winchelsea way is already dangerous as when you are waiting to turn into Winchelsea way the traffic following behind has little to no warning time due to you being just over the crest when turning. Making a CHR turning lane mandatory and should be added to Condition B7, as this is the most dangerous part of the intersection with many near misses. Increased traffic from the development will only exacerbate this.
2. This is a very busy intersection already at School hours with the existing number of residents and sometimes it is near impossible to get out of Winchelsea Way onto Terranora Road, with Terranora Road having a hill crest coming from the West giving a very short sight line. It is for this reason Condition B7,2 (b) should remain.
3. As it stands now residents trying to catch school and local buses have to wait by the side of the road with little to no safe area and when the buses stop they actually have to stop traffic following in the same direction as there is not enough room for the bus to pull over. The development will only increase the number of School age children and residents, it is for this reason Condition B7, 2 (c) needs to be included.
4. Currently there is no kerb and guttering on Terranora Road and at storm times the water erodes the edges of the road creating dangerous areas for Pedestrian traffic. The development will only increase the number of School age children and residents, it is for this reason Condition B7, 2 (d) needs to be included.
5. There is no street lighting on Winchelsea Way or on Terranora road around the Winchelsea Way intersection. This has always been a concern and in need of attention due to the intersection traffic, trying to catch busses at night and also an issue with the number of Hoons using Winchelsea Way for dangerous activities. It is for this reason Condition B7, 2 (e) needs to be included
for the safety of all residents future and existing.
6. At this point there are not footpaths for safe access to the bus pick up areas.The development will only increase the number of School age children and residents, it is for this reason Condition B7, 2 (f) needs to be included.
7. In regards to the assessment by Bitzios Consulting. A CHR and AUL (s) is absolutely necessary if the development is to occur. However, increasing the height of Winchelsea Way at the intersection would encourage storm water to flow into Winchelsea Way.
8. In regards to the Condition B7 we agree these sections need to be addressed and included in the development.
(1) Kerb and gutter, stormwater drainage, full road width pavement including traffic facilities
(roundabouts, median island etc.) and paved footpaths shall be constructed along full length
of the new access road.
(3) Road widening should be required on the south side of Terranora Road fronting the site, to ensure
a 3.5m wide (minimum) footpath area is provided from the bus bay to the property boundary.
Any required road widening is to be constructed and dedicated to Council at no cost.
There is some concerns with the increase Storm water and Sewerage but we believe this is up to Tweed shire council to review and be responsible for making sure the development meet the requirements.
Please contact us if you require any addition explanations.
Your consideration to this is appreciated.

Please refer to attached submission

Dear Chris,

Thank you for taking my phone calls this week regarding DA242-10-2024MOD2

We are currently residing directly behind the western side of this subdivision that was pre approved in 2007 well before we bought our property one year ago,
However, now a Modification 2 is in for DA 242-10-2004 with your department.

We wanted to put a submission in but missed the time line by one day due to the portal not being user friendly. And lack of time to respond from the time the letter arrived in the post till the time we had to do our submission.
We, have a few concerns. After talking to neighbours who have owned in Nassau Ave from the beginning of the Azure Estate subdivision in roughly 2006, they informed us that a plan of the subdivision at 4 Winchelsea Way was provided to them so they could build within the scope of the building envelopes provided at 4 Winchelsea Way.

My main concerns are:

1. The change of boundaries will move the building envelopes which will cause an issue with our privacy and views. There are no building envelopes on the modification 2 plan. This is a huge concern.
2. The heights of the pre approved plans at 9 metres will reduce our privacy and views. By having lots 4 to 9 maximum heights reduced to a single story building or a maximum building height of 6 metres.
3. Set backs from rear boundary changed to 20 metres instead of 10 meters providing a lower build height due to elevation drop off.
4. Look at having the new building envelopes staggered or offset to the existing homes already established on Nassau Ave.

Thank you for allowing us to provide this feedback. We look forward to hearing from you


Kind Regards,
Kellie Robinson

We are not objecting to the complete subdivision but are objecting to the heights of the buildings currently allowed.
We are currently residing directly behind on the western side of this subdivision that was approved before we brought here one year ago. We are very concerned about the building height of 9 Mts currently allowed and this height taking away all the views and privacy of residents in Nassau Ave Terranora.
We feel it only fair that a caveat of 7 meters or even a single story dwelling height be placed on all building sites on the western boundary of this subdivision.
It may also be good if building envelopes are staggered or offset from existing houses.

Dear Mr Eldred,
DA 242-10-2004 MODIFICATION 2
Thank you for the time you have afforded us in relation to our concerns with the above proposed amendments and the likely impacts on many of the residents in AZURE ESTATE whose concerns are reflected in this correspondence.
Yesterday was the first occasion that the affected residents could meet to discuss their concerns considering some have been away and all are aware that the closing date for submissions has just passed. Additionally, there were some potentially affected residents who did not receive the DA amendment correspondence. With that in mind, you have been so kind as to allow our” RESIDENT GROUP” to make submissions as feedback from the proposed DA amendments. We appreciate your consideration and will keep our concerns brief at this interim stage.
Council, in consideration of the proposed DA amendments has an obligation to existing residents not to be prejudiced by the conditions precedent to the amendments sought subject to an adjoining DA and we rely on Council to respect the rights of residents of what is arguably the prestige estate in Tweed/Terranora District. Please consider the following;
1. HEIGHT LIMIT
We feel an allowable building height under the DA of 9 metres is excessive and encourages height development which is unnecessary and would negatively impact on the relative AZURE residents.
We would like Council to consider a 6 metre building height be applied, given that there is sufficient surface area in each lot to support an expansive lateral architectural style rather than the emphasis on height. The height factor should be a compromising issue for current and new estate residents however the current Azure residents are already firmly established and the height limit changes that we ask Council to consider on the new lots do not adversely affect the building options under a 6 metre height limit.
Also the 9 metre height limit was inherited from 2007. Why is it still the case now that this level remain especially when the current Azure residents homes and improvements are all established and cannot change. Surely this factor should be used to assist decision making in future planning for the betterment of current Azure residents and potential new residents housing.
2. SETBACK – REAR BOUNDARY
We would like to see a 15 metre boundary at the rear of lots for privacy purposes and a condition there is a setback for sheds or other buildings from lot boundaries.
3. BUILDING ENVELOPES
The Azure estate residents had the opportunity to work around where the building envelops were shown on the then subdivision plan in 2007. Now that has all changed and the latest proposed subdivision plan at 4 Winchelsea Way, does not show the building envelopes at all. The Azure affected residents would like to be involved in discussions in relation to the location of the building envelopes in the lots subject to the proposed DA amendments.
4. LOT BOUNDARIES
The proposed side boundaries of the lots have all changed in direction and there is no paralleled consistency as existed in the previous lot arrangement.
This and the absence of the building lot envelopes leaves us a confusing, unexplained & seemingly unnecessary lot shape lacking in information.
We would like to have input into the lot shapes because of their change from the previous DA and also because there does not appear to be any basis for the current irregularity.

IN SUMMARY
We currently have new DA modifications proposed that may have some basis that the developer used to arrive at the current proposed amendments however that is not entirely clear to us.
What is clear to us is that the features and compositure of AZURE ESTATE are laid bare because they exist, however they have not been a serious consideration nor have they been factored into the planning of the new DA lots and modifications, and they should have been. It is almost as though Azure Estate does not exist when one considers some of the factors we have raised, and we request NSW Planning and local Council to rethink the interaction of the two estates however safeguarding Councils current residents.
We have no doubt Council will work with us to ensure the new estate does not adversely impact on our estate which is no doubt a prestigious showpiece in the Tweed/Terranora district. It is our belief that any modification to the current DA should be designed to compliment Azure Estate because Council approved the conditions precedent, and we all conformed thereto.
Thus our Azure Estate should be the launching pad for whatever comes after and none of the assets of the estate (ie the reasons we bought and built there in the first place) should be under threat nor should our rights be denuded.
Thank you for your assistance to date and we look forward to hearing from you shortly,
Please reply all.


Kind Regards,
Azure Residents Group

Subject: DA 242-10-2004 MODIFICATION 2

Dear Mr Eldred,

Firstly, our sincere thanks for your kind consideration in accepting our letters of concern a little past the due date, regarding the above development in Winchelsea Way, Terranora, New South Wales.

We, the residents of No. 11 Nassau Avenue, were actually unaware of the concerns of our neighbours and friends as we did not receive the letter other residents have, advising of the subdivision and the closing date to lodge relevant correspondence.

We consider we are very much a part of the collective group and would appreciate you taking a little time to read our personal thoughts on the matter.

As you are aware, neighbours and friends of Nassau Avenue, in Azure Estate Terranora, have now met and discussed the development with a view to requesting the NSW Government and Tweed Shire Council revisiting some of the directives handed down some 17 years ago - (well prior to the Azure Estate and specifically Nassau Avenue even having its first home built).

On reading all materials available, our main cause for concern is the proposed development having approval for dwellings being up to 9 meters in height – a decision made in 2007 prior to the existence of any dwelling in our neighbourhood.

This we feel, could seriously impact our privacy, the aesthetics and the overall look of the new development, and we respectfully request consideration be given to a reduction in height to 6 meters for any new dwellings in the Winchelsea Way development.

We would also appreciate further consideration being given to the distance from the lot boundaries where each dwelling will be erected - currently 10 meters. After much discussion our group feels a distance of 15 meters would be more appropriate.

Would it also be possible for the residents of Nassau Avenue to be afforded the opportunity to be involved in discussions relating to the location of the building envelopes in the subject proposed DA amendments – in 2007 allotments were approved and it now appears as though this has all been changed without any input from those of us who have lived in Nassau Avenue for many years.

We sincerely believe that the quality of all the homes built in Nassau Avenue has lifted the reputation and attractiveness of Terranora and specifically Azure Estate. Having said this, we are very hopeful the New South Wales Government and Tweed Shire Council will work cordially with us to ensure a favourable outcome for all concerned.

Thank you for your time.

Yours sincerely
Steve and Ann Calland

Dear Mr Eldred

RE: DA242-10-2004 MOD 2

With reference to the above Development Application received 26 November 2024. I would like to bring to your attention the following concerns as a resident of the adjoining boundary and request that the Department of Planning and Infrastructure seriously works with Sherpa the Developer regarding the concerns outlined below.

The proposed modification of the Lot Boundaries Subdivision 4.2 (Plate 6 to Plate 7) is absent of the building envelopes and is an inadequate interpretation of what the real impact of the new Subdivision will have on the current Nassau Residents. The dwellings of Nassau Avenue were built 15 years ago and are not in a position to accommodate any changes to the envelopes and boundary’s outlined in the new proposal plate 7.

The proposed building height of 9M for the potential dwellings will impact all the current housing on Nassau Avenue. Dwellings of that height will also change the vista of the Terranora Ridgeline visible from the East, Southeast , Tweed River and Terranora Road …… a cap of a 6M dwelling height should be considered.

The current setback of 10m is an intrusion of privacy to our existing dwelling. A minimum setback of 15m should be considered.

We would appreciate if the above concerns could be itemised as a discussion with Tweed Council, NSW Planning and Infrastructure and the Sherpa the Developer.

Regards

We are writing with concerns regarding the Winchelsea DA at Terranora.
We have been in 4 Nassau Ave coming on 18 years now , We understand the land below us would be developed at some stage.
Our concern is the 9 metre high approval for the above mentioned DA.
As my husband has been on both sides being a resident & a developer for 45years we understand both sides , we would like to keep at least some of our view & would apprieciate you putting our submission forward please.
Regards
Sue & Bruce Turner

I am writing on behalf of myself, Julie Easthope and my husband, David Easthope. We reside at 9 Winchelsea Way Terranora NSW.

I am writing to you as I am unable to access the planning portal number given for the proposed Winchelsea Way development. The dates on the letter distributed show The Notice of Exhibition should be accessible until the 3rd of December however it has been removed early for some reason. The http address is:
https://planningportal.nsw.gov.au/major-projects/projects/da242-10-2004-modification-2
I have also attempted just entering the number on the govt site under planning with no success.

My concerns with the development are as follows:

Road Entry and Exit Point is Unsafe

The entry to the development is via a short laneway- Winchelsea Way.

With the large number of blocks in this subdivision, access to Terranora Road, the main connection road, would present serious safety issues at peak times.

The average family home contains two cars (this does not include guest cars or the cars of adult children). Multiply this by the number of blocks in the subdivision and peak times would create congestion that may cause drivers to take unnecessary risks to enter the main thoroughfare.

This one access point, onto Terranora Road, has a close to blind bend on the left (Western Side) that is on a downhill slope causing oncoming traffic to increase speed as they advance and a short visible downhill stretch on the right (Eastern Side).

As drivers approach Winchelsea Way from the the east or west and indicate to turn into Winchelsea Way traffic will be banking around a blind bend which will also create problems for residents entering or exiting nearby Dobby's Crescent or travelling east on Terranora Road.

Water Run off from the Elevated Blocks
We have watched with concern as the two new houses being built in Winchelsea Way have attempted to deal with water runoff from the proposed development site during heavy rain. Currently there is one storm water pipe that leads from the development site under the lane way to the block below which has come close to having its foundations washed away twice this season. With increased runoff from the new development, those houses located below are in the pathway for serious water damage.

I am hoping you will take the time to study our concerns for the safety of our community.
Regards
Julie Easthope