MOD 15 - Split building, allow 24hrs, and other changes

Dear Mr Doyle, Ref: MP08_0194 Mod 15…. Kings Forest Stage 1
Firstly, I would like to express my concern about 2 things regarding the exhibition period for the abovementioned modification request and how it discriminates against older Australians who do not have computers or the means to use the Dept of Planning portal. I am one of those older Australians, and though I have a laptop and internet, I do not know how to use the so-called portal. Other older Australians do not have this technology so, I eventually called the NSW DPHI and learned that we can indeed send a letter or an email, but there is a major problem with letter writing in this case, which I will outline below.
1) Your letter to the residents is dated 27th November 2024 and received some 7 days or more later, due to the Xmas mail backlog. Your letter says the closing date for submissions is today 12th December 2024, allowing only a couple of days to make a considered response, get it in the post, in the hope that it would arrive by the 12th December, which is impossible.
2) Also impossible is the fact that I was informed today, when I called your department, that if a written submission was to be posted, it would need to arrive some 3 weeks prior for it to be processed. Your letter, written on the 27th December 2024, does NOT allow sufficient time for it to be received, let alone, responded to 3 weeks prior to the closing date. I hope you see my point.
3) It is for these reasons, that, in the interests of fairness and reason, that we seek an extension of the closing date for submissions for the abovementioned development, to allow equal opportunity for older Australians to have their say on this development, should they not have the technology to lodge one via email or via the NSW DHIP portal.
4) Even for those technically savvy young people, who are affected by the proposed modifications in Modification 15, the timeframe of less than one week, due to the late notice and quick response time for their submissions, is unrealistic and grossly unfair.
Though I expect to be able to make a more considered response, once we are granted an extension of time, I make the following comments in the interim, as I oppose the 15th Modification for this development:
• A Service Station is one thing, but to allow it to run 24 hours will have a huge impact on the residents who live opposite. Customers coming and going after midnight is an unacceptable burden to place on the residents who expected to live in peace when they purchased their properties. They will have their amenity destroyed.
• The deletion of the noise limits will create a huge impost on the residents opposite this development, some of whom are our relatives. They chose this location years ago due to the peace and quiet they were seeking and have enjoyed, until now. They are entitled to their peace and quiet, just as other residents are, but other residential areas have the benefit of calling the Police after midnight if there is anyone causing excessive noise. To remove the noise limits allows the enterprise to make as much noise as they like with no recourse for the residents. Not fair on all levels.
• The allowance of illuminated lighting and signage is also unacceptable. The height of the fencing erected by the proponent opposite the homes in Depot Road is NOT sufficient to ensure their homes will not be illuminated all night by the additional lighting and signage.
• End of trip facilities only exacerbates all of the issues above which is why I oppose the items in Modification 15.
My submission is that the modifications listed in the above application should and ought to be refused. I make this submission with full knowledge of the entire development of Kings Forest. I am a Registered Aboriginal Party (RAP) in the Kings Forest development in general and have been for many years, after being actively involved in the Aboriginal Heritage Assessment and Management Plan.
There have been many modifications with Stage 1 and it’s almost like the community is being worn down and pressured, with one amendment after another.
The main thing in my submission for now is the lack of appropriate and acceptable notice for this modification. It is simply unrealistic and discriminates against those who do not have the technology to make a considered response, especially older Australians, and there was no thought for a proper timeframe for the accepted and offered hand written or typed response that could be posted. This opportunity simply did NOT exist, in this case.
The timeframe for responses must be extended to allow a process that NSW DPHI offers i.e. submissions by post.
Please provide a response to my submission.
Regards

I object to this project.

I object to the project.

Submission for Kings Forrest stage 1 MOD 15.
Submission Attached.

Dear Madam / Sir,
I am wanting to take this opportunity to have my say about the current amendment, the 15th amendment, to the proposed service station on Tweed Valley Way. I think the process is shameful. You leave the residents to battle against these professional developers. Big business that have professional teams working on these proposals. 15 amendments. From a RURAL STORE to a 24 hour service station. You should all hang your heads in shame.
These residents are working, raising families and have all the normal "life stuff" going on. How is this a fair process?

How does a rural store become a 24 hour servo? Aren't there perimeters and protections for the residents in place? It seems not. Start at point A and end up where ever you like. A developers free tick

The acoustic fence is a farce and the street lighting is a major intrusion, to be shining bright, all night. Not even a cover or guard to stop the lights pouring into the residents homes.
If you have tried to turn your vehicle out of Old Bogingar Road you would be aware the acoustic fence runs so close to the exit, you are forced to edge your vehicle dangerously close to the passing cars, in order to be able to see up the road , to see the oncoming traffic. (coming down the hill from the traffic lights in Kingscliff)

You show no care or consideration for your people at all.
How is there even a service station in that close a proximity to the creek? Our beautiful Cudgen Creek. The Jewel of Kingscliff.
Not to mention the delicate Cabarita Lakes/ wetland. Full of nesting birds.

The M1 is the place for a 24 hour service station. The BP 24 hour service station is 7 kms away.
After peak hour Old Bogangar Rd is a quiet spot. This proposed amendment will undoubtedly destroy that.

There are so many changes these residence are already dealing with. Their peaceful little houses and home lives are forever altered.
Please, please, please DO NOT allow this service station to trade 24hrs a day.
Thank you for your time and consideration
Philippa Cleary

Please see word document attached.

I object to the incease in the service station hours to 24 hours and the extra lighting and the lack of light and noise protection for residence in the close proximity as per my attached document.

Talon Lloyd
234 Old Bogangar Road
Kings Forest, NSW, 2487
E: [email protected]

11th December 2024


Att: Michael Doyle
NSW Department of Planning, Housing and Infrastructure


RE: MP 08_0194 MOD 15 – KINGS FOREST STAGE 1 – SPLIT BUILDING, ALLOW 24HRS, AND OTHER CHANGES

To Whom it May Concern:

I write in response to the modification application MP 08_0194 MOD 15 – Kings Forest Stage 1 – Split building, allow 24hrs, and other changes. My family and I are residents of Old Bogangar Road, Kings Forest, directly across from the proposed Service Station on Tweed Coast Road. This submission is to confirm that I OBJECT to the modification application above-mentioned. Please see relevant responses below.

Despite a majority of the population of Kings Forest and surrounding suburbs being opposed to the proposed service station on Tweed Coast Road, Kings Forest, it is apparent that the inconsideration of existing residents and the effect this development will have on not only their health and wellbeing but the environment, is being overlooked.

• Allow 24 hours operation of service station, and increase hours of food & drink premises
o The proposed modification to allow operation of the pump station will directly impact on mine and my family’s health and wellbeing. With a current noise curfew of 10pm, allowing for reasonable and healthy sleep hygiene, operation beyond this time would be a gross intrusion of my family’s ability to peacefully sleep impacting us 7 days per week with no reprieve. Currently, the traffic noise is audible from the back of my home throughout the evening, with increased traffic waking family members. With the predicted significant increase in traffic along Tweed Coast Road as the Kings Forest residential development ramps up, the traffic noise is of concern without even considering the impact a service station will have on this, and in addition to this making it 24 hours of operation would be incomprehensible.
o The current infrastructure in place being a very low impact thin timber ‘acoustic fence’ is futile. It does not provide any barrier against sounds into the properties of Old Bogangar Road. During the recent upgrade/construction of Tweed Coast Road, the old timber fence was removed and for many months there was no timber barrier in place. Since the erection of the new timber fence, which has been in no way improved from the old and has been moved closer to residential homes, there is absolutely no difference between having the current fence, and not having a fence when considering the noise pollution of traffic into homes. The fence is ineffective. Furthermore, the fence that has been erected has not replaced the previous boundary fence, leaving a large gap at the northern end of the street. This has seen an increase in foot traffic of non-residents traipsing through the street. Prior to the new fence being erected, this was not possible as the fence ran north up along Tweed Coast Road excluding foot traffic of non-residents from access the street. With this in mind, the increased foot and vehicle traffic that the service station will attract poses a security and privacy risk to residents of Old Bogangar Road.
o The light pollution into the homes of residents on Old Bogangar Road after the hours of 10pm would again, majorly impact on our health and wellbeing. Not only will this disturb sleep throughout the night, but it is also a gross invasion of our privacy. The current street lighting recently erected (not yet commissioned) on Tweed Coast Road is not what residents of Old Bogangar Road consented to nor agree with. Should the commissioned state of the lighting not have dimmers in low traffic periods and not have light spill shields, residents will be collectively advocating for these two modifications moving forward. Thus, the lighting from the proposed service station will cause light pollution into the backyards and homes of residents of Old Bogangar Road.
o The proposition to allow the service station to operate 24 hours is completely unnecessary considering there are two such service stations operating 24 hours within 5.6km and 8.8km from the proposed site. BP Chinderah on Ozone Street Chinderah (5.6km distance from proposed site) and Ampol Chinderah on Tweed Valley Way (8.8km distance from proposed site). Furthermore, these service stations are also a mere 5.4km from each other along the same stretch of motorway (M1) positioned in far more suitable locations not within close proximity of residents.
o Increasing the hours of operation to 24 hours will increase the scent pollution into residential homes with not only the fumes of toxic fuel being emitted around the clock, but also the offensive smell of fast food being cooked 24 hours a day. Old Bogangar Road exists in such close proximity to the proposed station, these smells will surround residents 24 hours a day with no reprieve.

• Introduce end of trip facilities
o I request more information in relation to the ‘introduce end of trip facilities’ from the developer. Although the term refers to staff amenities for those who have cycled to work, I would like to know more about how these facilities will be accessed ongoing. For example: will these ever be accessible to the public? Will these ever be open to truck drivers who sleep in their vehicles and perhaps park at the service station? More information is required as to the use of these facilities to provide an accurate indication of the nature of the service station.
• Accommodate a regional pump station
o I request more information on this point to understand the modification request

• Allow illuminated signage
o Allowing illuminated signage at the proposed service station site on Tweed Coast Road would create persistent and chronic intrusion of light pollution spilling into my home and property. The illuminated signage operating 24 hours per day is aesthetically appalling and to be confronted by this as a resident not only when I walk outside my home but while I am inside the privacy of my own home is of great concern. The implementation of illuminated signage, including that of food outlets does not align with the aesthetic or cultural nature of the residential area of Kings Forest and Old Bogangar Road where the most impact will be had on residents.
o Illuminated signage would impact the health and wellbeing of each resident of Old Bogangar Road, disturbing sleep and general peace in our own homes.
o The current infrastructure, referring to the timber fence along Old Bogangar Road, does not protect residents from ANY light pollution into our homes.
o Light pollution will also directly impact on the Koala habitat, for which fences and precautions have been implemented throughout Kings Forest to protect the species. Illuminated signage throughout the night will deter such fauna from existing in the proximity of the petrol station which is surrounded by lush bushland and creek.

• Delete noise limits conditions
o Deleting noise limits conditions is completely ignorant and inconsiderate of the current residents, some of which have lived on Old Bogangar Road for 60 years. As a resident that will be directly affected by this modification, I find this completely mind boggling the inhumanity of such a modification for the sole purpose of revenue raising for developers, resulting in detrimental mental health factors for residents. There is absolutely no benefit of this modification to any residents on Old Bogangar Road, and who are the most and majorly impacted by this modification. Furthermore, this modification will negatively impact residents daily lives, taking away our basic human right to live in a safe environment.
o The current infrastructure does not support this modification, referring to the current and newly erected timber privacy fence that has absolutely no impact on noise pollution into the residential homes on Old Bogangar Road.
o The noise pollution this modification would create would greatly disturb residents sleep and peace chronically and persistently. 24 hours a day. 7 days a week.

My family and I purchased our home on Old Bogangar Road in 2021, moving from an urban suburb seeking a quiet lifestyle with space and nature. We purchased this property with the understanding that there would be a service station across the road, approved to be operational up until 10pm. Evidently, there have been incremental modifications since the approved rural retail store, to now an application to have the approved service station and food outlets operate 24 hours. In addition to this, the application has been submitted at the most notoriously busy time of year (Christmas time) for the majority of all people in the Australian population, appearing strategically to deter those most negatively impacted from submitting an objection. It is apparent that these incremental changes are deliberate and manipulative to serve only the developers who are submitting the applications.
Had we have known this modification application to change the service station and food outlets to be operational 24 hours, allowing illuminated signage, deleting noise limits conditions would be submitted, we would have never considered purchasing this home to raise our family in.
Furthermore, it is imperative to consider the residents on Old Bogangar Road positioned at the entrance of the street, who are without ANY privacy barrier, being completely exposed and vulnerable to the petrol station noise, light, and increased foot and vehicle traffic. This increases a risk to theirs and surrounding homes safety.
Yours sincerely,


Talon Lloyd

Verity Martyn
234 Old Bogangar Road
Kings Forest, NSW, 2487
E: [email protected]

9th December 2024


Att: Michael Doyle
NSW Department of Planning, Housing and Infrastructure


RE: MP 08_0194 MOD 15 – KINGS FOREST STAGE 1 – SPLIT BUILDING, ALLOW 24HRS, AND OTHER CHANGES

To Whom it May Concern:

I write in response to the modification application MP 08_0194 MOD 15 – Kings Forest Stage 1 – Split building, allow 24hrs, and other changes. My family and I are residents of Old Bogangar Road, Kings Forest, directly across the road from the proposed Service Station on Tweed Coast Road. This submission is to confirm that I OBJECT to the modification application above-mentioned. Please see relevant responses below.

Despite a majority of the population of Kings Forest and surrounding suburbs being opposed to the proposed service station on Tweed Coast Road, Kings Forest, it is apparent that the inconsideration of existing residents and the effect this development will have on not only their health and wellbeing but the environment, is being overlooked.

• Allow 24 hours operation of service station, and increase hours of food & drink premises
o The proposed modification to allow operation of the pump station will directly impact on mine and my family’s health and wellbeing. With a current noise curfew of 10pm, allowing for reasonable and healthy sleep hygiene, operation beyond this time would be a gross intrusion of my family’s ability to peacefully sleep impacting us 7 days per week with no reprieve. Currently, the traffic noise is audible from the back of my home throughout the evening, with increased traffic waking family members. With the predicted significant increase in traffic along Tweed Coast Road as the Kings Forest residential development ramps up, the traffic noise is of concern without even considering the impact a service station will have on this, and in addition to this making it 24 hours of operation would be incomprehensible.
o The current infrastructure in place being a very low impact thin timber ‘acoustic fence’ is futile. It does not provide any barrier against sounds into the properties of Old Bogangar Road. During the recent upgrade/construction of Tweed Coast Road, the old timber fence was removed and for many months there was no timber barrier in place. Since the erection of the new timber fence, which has been in no way improved from the old and has been moved closer to residential homes, there is absolutely no difference between having the current fence, and not having a fence when considering the noise pollution of traffic into homes. The fence is ineffective. Furthermore, the fence that has been erected has not replaced the previous boundary fence, leaving a large gap at the northern end of the street. This has seen an increase in foot traffic of non-residents traipsing through the street. Prior to the new fence being erected, this was not possible as the fence ran north up along Tweed Coast Road excluding foot traffic of non-residents from access the street. With this in mind, the increased foot and vehicle traffic that the service station will attract poses a security and privacy risk to residents of Old Bogangar Road.
o The light pollution into the homes of residents on Old Bogangar Road after the hours of 10pm would again, majorly impact on our health and wellbeing. Not only will this disturb sleep throughout the night, but it is also a gross invasion of our privacy. The current street lighting recently erected (not yet commissioned) on Tweed Coast Road is not what residents of Old Bogangar Road consented to nor agree with. Should the commissioned state of the lighting not have dimmers in low traffic periods and not have light spill shields, residents will be collectively advocating for these two modifications moving forward. Thus, the lighting from the proposed service station will cause light pollution into the backyards and homes of residents of Old Bogangar Road.
o The proposition to allow the service station to operate 24 hours is completely unnecessary considering there are two such service stations operating 24 hours within 5.6km and 8.8km from the proposed site. BP Chinderah on Ozone Street Chinderah (5.6km distance from proposed site) and Ampol Chinderah on Tweed Valley Way (8.8km distance from proposed site). Furthermore, these service stations are also a mere 5.4km from each other along the same stretch of motorway (M1) positioned in far more suitable locations not within close proximity of residents.
o Increasing the hours of operation to 24 hours will increase the scent pollution into residential homes with not only the fumes of toxic fuel being emitted around the clock, but also the offensive smell of fast food being cooked 24 hours a day. Old Bogangar Road exists in such close proximity to the proposed station, these smells will surround residents 24 hours a day with no reprieve.

• Introduce end of trip facilities
o I request more information in relation to the ‘introduce end of trip facilities’ from the developer. Although the term refers to staff amenities for those who have cycled to work, I would like to know more about how these facilities will be accessed ongoing. For example: will these ever be accessible to the public? Will these ever be open to truck drivers who sleep in their vehicles and perhaps park at the service station? More information is required as to the use of these facilities to provide an accurate indication of the nature of the service station.
• Accommodate a regional pump station
o I request more information on this point to understand the modification request

• Allow illuminated signage
o Allowing illuminated signage at the proposed service station site on Tweed Coast Road would create persistent and chronic intrusion of light pollution spilling into my home and property. The illuminated signage operating 24 hours per day is aesthetically appalling and to be confronted by this as a resident not only when I walk outside my home but while I am inside the privacy of my own home is of great concern. The implementation of illuminated signage, including that of food outlets does not align with the aesthetic or cultural nature of the residential area of Kings Forest and Old Bogangar Road where the most impact will be had on residents.
o Illuminated signage would impact the health and wellbeing of each resident of Old Bogangar Road, disturbing sleep and general peace in our own homes.
o The current infrastructure, referring to the timber fence along Old Bogangar Road, does not protect residents from ANY light pollution into our homes.
o Light pollution will also directly impact on the Koala habitat, for which fences and precautions have been implemented throughout Kings Forest to protect the species. Illuminated signage throughout the night will deter such fauna from existing in the proximity of the petrol station which is surrounded by lush bushland and creek.

• Delete noise limits conditions
o Deleting noise limits conditions is completely ignorant and inconsiderate of the current residents, some of which have lived on Old Bogangar Road for 60 years. As a resident that will be directly affected by this modification, I find this completely mind boggling the inhumanity of such a modification for the sole purpose of revenue raising for developers, resulting in detrimental mental health factors for residents. There is absolutely no benefit of this modification to any residents on Old Bogangar Road, and who are the most and majorly impacted by this modification. Furthermore, this modification will negatively impact residents daily lives, taking away our basic human right to live in a safe environment.
o The current infrastructure does not support this modification, referring to the current and newly erected timber privacy fence that has absolutely no impact on noise pollution into the residential homes on Old Bogangar Road.
o The noise pollution this modification would create would greatly disturb residents sleep and peace chronically and persistently. 24 hours a day. 7 days a week.

My family and I purchased our home on Old Bogangar Road in 2021, moving from an urban suburb seeking a quiet lifestyle with space and nature. We purchased this property with the understanding that there would be a service station across the road, approved to be operational up until 10pm. Evidently, there have been incremental modifications since the approved rural retail store, to now an application to have the approved service station and food outlets operate 24 hours. In addition to this, the application has been submitted at the most notoriously busy time of year (Christmas time) for the majority of all people in the Australian population, appearing strategically to deter those most negatively impacted from submitting an objection. It is apparent that these incremental changes are deliberate and manipulative to serve only the developers who are submitting the applications.
Had we have known this modification application to change the service station and food outlets to be operational 24 hours, allowing illuminated signage, deleting noise limits conditions would be submitted, we would have never considered purchasing this home to raise our family in.
Furthermore, it is imperative to consider the residents on Old Bogangar Road positioned at the entrance of the street, who are without ANY privacy barrier, being completely exposed and vulnerable to the petrol station noise, light, and increased foot and vehicle traffic. This increases a risk to theirs and surrounding homes safety.
Yours sincerely,

Verity Martyn

As a resident of the area, I object to the amendments as per the attached document.

I unequivocally object to the Modification proposal.

Points made in the original rejection of the modification request for the Service Station, MOD 3 Feb 2017 are current to today.

On 18 April 2016, the Department, as delegate of the Minister, refused the modification request.
This was based on the following reasons:
– potential increase in land-use conflicts
– incompatibility between the increased bulk and scale of the development, and the local rural
character
– increased environmental impacts of the development, such as water, air quality, contamination,
traffic and amenity.
Reminder of the conditions once the approval for the Service Station were granted.
What are the key changes to the development?
• During the conciliation, the Applicant reduced the intensity of the development and made the
following key changes to the proposed development:
- reduction in the operating hours of the service station/food and drink premises, from 24 hours,
7 days a week, as originally proposed, to 6 am to 10 pm
- reduction in the building footprint by 28 m2 and removal of the roof top terrace to reduce bulk
and scale of the development and to reduce noise and light impacts
- retention of the 10 metre vegetation buffer to the north of the site to ensure land use conflicts
are minimised
- reconfiguration of the site to minimise impacts on the environment, such as removal of the
two truck bowsers, relocation of the dog/car wash, relocation of car bowsers to ensure
bushfire risks are minimised and deletion of two pylon signs
- increased landscaping and reduction of hardstand to improve amenity and environmental
impacts.

What are the conditions of approval?
• The Court order includes the following conditions of approval to ensure the development is
adequately managed and the impacts are minimised:
- lights and signage to be switched off between 10.30 pm and 6 am to reduce amenity impacts
- stringent noise limits, reduced operating hours for goods delivery, provision of waste collection

The latest modification request seeks to remove the restriction on trading hours and operate 24/7. The impact this would have on our health and wellbeing is immeasurable and intolerable. The lack of security and protection of noise and light on the 3 homes on Old Bogangar Road who are not covered by the barrier fence has clearly not been addressed in the modification request. At no time is it mentioned there is a break in the barrier fence that does not offer any protection for those homes. This omission must be corrected and addressed for the modification to be addressed in a true and factual manner. Without this correction the modification request is being assessed on untrue and incorrect information provided in the submission reports.

It is stated that the street lighting installed on Tweed Coast road now negates the effects of proposed lighting from the 24/7 operation of the service station. This is invalid and not addressed in a true and sincere context. The the street lighting was imposed as part of the traffic management plan and conditions of previous approvals. To say that the effect on the residents and environment now no longer needs to be considered is incorrect, untrue and the scope of why the street lighting is in place in it's current form needs to be corrected, addressed and acknowledged in the modification request.

It is clear from the court ruling of 2017 the impacts of noise and light spill, environmental impact and the intensity of the development were detrimental to the surrounding properties and areas and that has not changed. The Service station development boundaries adjoin designated zones of A1farm land, residential and sensitive environmental areas of wetland and Cudgen Creek. It is incompatible with local and state planning to allow these modifications to be granted and I ask how approval can be granted given the adjoining zoning. These factors must be duly considered and addressed in the consideration of the modification request.

I seek further consultation and an in person inspection of the site by the parties assessing the modification request to validate the omissions and address the inconsistencies in the modification request.

Why would 24/7 operations be required when a facility of that very nature is only a few kms up the road beside the M1 in an industrial area, obviously suited to that type of arrangement?

It does not seem impacts have been robustly assessed for neighbouring residential areas in all directions for such hours of operation let alone a strong enough business case for the government to consider warranted when chinderah BP is down the road.

The environmental sensitivities of this area make this project a mockery of such environmental protections in place. The waterways of cudgen are already under threat, specifically any run off from a service facility of this nature must have adequate storage and bunding to withstand ARI of 1:500 yr events surely. Has any of this been considered?

Does the facility plan to use PFAS related or the actual chemical in any fire management practices?

Like in other residential areas around australia, trucks stopping must not idle or run fridges at idle, please comment. This is all related to evening noise.

It would seem the developer had such modification plans all along, why on earth this mod would be entertained perplexes the community. A petrol station abutting a sensitive conservation area makes no sense.

I would like to request an extension to the submission timeframe in order for further community consultation regarding all of the requested modifications to be considered

I strongly object to the proposed modifications listed.

Letter attached relating to the Modification Application development consent (MP 08_0194 MOD 15)

Modification Application Kings Forest Stage 1: MOD15
Thank you for the opportunity to comment on the above application.
As a resident that will be directly affected by all the requested modification conditions included in the Kings Forest Stage 1 - MOD 15 application, I object to the following modifications:
• Deletion of the noise limits
• Allow illuminated signage.
• Allow 24 hours operation of service station.
• An increase in operation of food & drink premises
• End of trip facilities
The modification conditions included in the MOD 15 application are vastly different to the original approval conditions.
I ask that the amended approval conditions of the MOD3 appeal be upheld. The amended conditions were approved by the NSW Department Planning & Environment and the Court Order of 31 January 2017, which included the following conditions:
• Reduced operating hours of the service station and food and drink premises, being reduced from 24hrours/7 days a week, to the originally proposed 6.00am to 10.00pm operations.
• Reduction of the building footprint and removal of the roof top terrace to reduce noise and light impacts.
• Removal of two truck bowsers.
• Relocation of dog and carwash.
• Deletion of two pylon signs to reduce light spill.
• Lights and signage be switched off between 10.30pm and 6.00am to reduce negative amenity impacts.
• Stringent noise limits and reduced operating hours for delivery, provision of waste collection and car vacuums.
• That the carwash be designed with automatic doors to ensure noise is reduced and noise audit be conducted.
• That the design of the development must meet the Planning for Bushfire Protection 2006 guidelines, and the vegetation buffer include native rainforest species.
• Increased landscaping on the site to improve the sites visual amenity.
• Increased landscaping around the acoustic wall situated between Tweed Coast Road and Old Bogangar Road to improve amenity for residents of Old Bogangar Road.
The passing of time has not removed or reduced the negative impacts that will be experienced by the residents adjacent to the project area. The impacts of the Kings Forest Stage 1 modifications outlined in 2017 are still relevant, if not more so in 2024. I ask that the amended approval conditions of the MOD3 appeal be upheld.

Yours sincerely,
Concerned Resident

Modification Application Kings Forest Stage 1 - MOD 15
Thank you for the opportunity to comment on the above application.
As I will be directly affected by all the requested modifications, I object to the modification conditions outlined below:

Deletion of the noise limits – This is a cheeky request that will negatively impact our future wellbeing. An increase in traffic breaking and accelerating to access and leave the precinct will excessively disturb our household. The significant negative impacts of hoons at all hours of the night should not be disregarded. The antisocial behaviours (and the noise generated by these activities) that are associated with 24hr business operation have not been taken into consideration by the applicant.
The justification by the applicant for the modifications does not consider the properties that are directly opposite at the entry to Old Bogangar Road, which do not benefit from any acoustic or visual relief.
If this modification condition is approved, there are concerns that it could potentially cause a decline in property values of the adjacent residential area into the future, causing financial disadvantage to these households.

Allow illuminated signage – This request will negatively impact our wellbeing into the future. We chose to live in a rural location as it was free of the effects of obtrusive outdoor lighting.
The suggested modifications from the applicant do not consider the raised floor levels of the Old Bogangar Road properties that are directly opposite, which do not benefit from any acoustic or visual relief due to the properties overlooking the 2.5 m high timber fence.
Residents had already experienced the light spill from the two lights installed on the Kings Forest billboard along the Tweed Coast Road, which would shine directly into the properties at all hours of the night. Thankfully, the lights were decommissioned by the developer after concerns were raised about the intrusive effects of the lighting.
The lighting reports provided by the applicant mention that the signage photometric data has not been provided by the signage contractor. This means that the negative effects of light spill from the service station illuminated signage have not been quantified.
This modification condition should not be approved without the provision of more information and stringent restrictions put in place and upheld.

Allow 24 hours operation of service station – There is no need for a 24hr operating service station, drive-through takeaway food premises and car wash along Tweed Coast Road. 24hr operations are located along highway and freeway networks that generate enough passing traffic to validate remaining open during these hours. The Tweed Coast Road is a local road and coastal tourist route that experiences average traffic volumes less than 100 during the late night and early morning hours.
This is an unnecessary request that will negatively impact residents’ wellbeing into the future. An increase in traffic breaking and accelerating to access and leave the precinct will be disturbing when the household is trying sleep. The significant negative impacts of hoons at all hours of the night should not be disregarded. The antisocial behaviours (and the noise generated by these activities) that are associated with 24hr business operation have not been taken into consideration by the applicant.
If this modification condition is approved, there are concerns that it could potentially cause a decline in property values in the adjacent residential area into the future, causing financial disadvantage to these households.

An increase in operation of food & drink premises – This is unnecessary and will negatively impact our wellbeing into the future. There will be an increase in traffic breaking and accelerating to access and leave the precinct will be disturbing when the household is trying to sleep. The unpleasant odours produced by truck and car exhaust emissions, takeaway food fryers and exhaust extraction fans as well as the exhaust emissions from idling vehicles lining up in two 24-7 drive through ques.

End of trip facilities – This promotes late night use which will increase the occurrence of antisocial behaviours (and the noise generated by these activities) that are associated with 24hr business operation have not been taken into consideration by the applicant.
Excessive amounts of traffic will be accessing and departing from the precinct which will negatively impact our wellbeing.

Cultural heritage & environmental impacts - This project causes concerns for the potential negative effects on fish, mud crabs and marine life species breeding areas. Marine life species populations within the Cudgen Creek estuary network play an imperative role in sustaining populations within the rivers and oceans within the wider Tweed area into the future, which are essential for the continuation of Aboriginal cultural practice of gathering food from the local waterways.

Traffic flow management within the project site – The service station driveway alignments will cause increased safety risks to traffic exiting Old Bogangar Road to turn right onto Tweed Coast Road. The entry driveway appears to line up with the U-turn Bay provided for Old Bogangar Road traffic navigating the four lanes of traffic to turn right to get to the closest shopping centre, which is a frequently visited location.
This precarious traffic scenario could be avoided by connecting the southern end of Old Bogangar Road to the Kings Forest Parkway roundabout. You would no longer require the dangerous intersection and could block the gap in the fence line. This would provide additional acoustic mitigation therefore improving the wellbeing of residents residing on the western side of the fence.

Yours sincerely,
Concerned Resident

Kings Forest (MP08_0194 MOD15
I would like to request an extension to the submission timeframe in order for further community consultation regarding all of the requested modifications to be considered

I object to the modifications application: Kings Forest Stage 1 - MOD 15.

As a resident that will be directly affected by all the requested modifications included in the Kings Forest Stage 1 - MOD 15, I object to the modification conditions below:
• Deletion of the noise limits
• Allow illuminated signage.
• Allow 24 hours operation of service station.
• An increase in operation of food & drink premises
• End of trip facilities
These modifications (MOD 15) are completely at odds with the original approval conditions.
I ask that you uphold the amended approval conditions of the MOD3 appeal, which were approved by the NSW Department Planning & Environment and the Court Order of 31 January 2017, which included the following conditions:
• Reduced operating hours of the service station and food and drink premises, being reduced from 24hrours/7 days a week, to the originally proposed 6.00am to 10.00pm operations.
• Reduction of the building footprint and removal of the roof top terrace to reduce noise and light impacts.
• Removal of two truck bowsers.
• Relocation of dog and carwash.
• Deletion of two pylon signs to reduce light spill.
• Lights and signage be switched off between 10.30pm and 6.00am to reduce negative amenity impacts.
• Stringent noise limits and reduced operating hours for delivery, provision of waste collection and car vacuums.
• That the carwash be designed with automatic doors to ensure noise is reduced and noise audit be conducted.
• That the design of the development must meet the Planning for Bushfire Protection 2006 guidelines, and the vegetation buffer include native rainforest species.
• Increased landscaping on the site to improve the sites visual amenity.
• Increased landscaping around the acoustic wall situated between Tweed Coast Road and Old Bogangar Road to improve amenity for residents of Old Bogangar Road.

Time has not removed the negative impacts that this development will have on the residents adjacent to the project area, nor has it removed the negative environmental impacts it will have on the surrounding estuary, woodlands, and wetlands. The impacts outlined in 2017 are still relevant, if not more so in 2024.
Since January 2017, the Tweed local area experienced two catastrophic flood events (March 17, 2017, and February 2022), these events have highlighted that the environmental impacts of climate change and natural disasters are far greater than what was estimated prior to January 2017 (Rising sea levels, tidal changes, rising water table levels and the occurrence of more serve and frequent flooding events predicted for the future). The negative environmental impacts from this development have been underestimated. The thought of underground fuel storage near an estuary network is alarming.
Additional reasons for the objection to Kings Forest Stage 1: MOD 15

Deletion of the noise limits
Noise during operation - This is an unlawful request that will negatively impact the wellbeing of the people that call this area home. An increase in traffic breaking and accelerating to access and leave the precinct will excessively disturb the residents of this area.
Noise during construction – The report provided by Muller Acoustic Consulting Pty Ltd, confirmed that “The results of the noise assessment demonstrate that levels during standard construction hours have the potential to be above the ICNG noise management levels at the nearest receiver to the project.” (Noise Assessment Proposed Service Station with Car Wash Facility and Food and Drinks Premises Lot 7, DP 875447, Tweed Coast Road Kings Forest, NSW, Page 31, Muller Acoustic Consulting Pty Ltd, 12 April 2024).
The recommended methods for of reducing the impacts of noise during construction rely heavily on worker behaviours to ensure compliance which cannot guarantee that noise levels be maintained at a safe level during construction activities.
Implementing further permanent engineered controls to address the unsafe noise levels, instead of relying on behavioural controls. In its current state, the newly erected 2.5m timber panelled fencing is an ineffective method of acoustic mitigation. It needs modifications such as the application of acoustic insulation materials and an increase in height to become more effective in mitigating noise experienced by residents.

Negative impact on the rural amenity and wellbeing.
The wellbeing of existing residents will be compromised. Residents have chosen to live in the Kings Forest area (formally Cudgen) because of the green natural surroundings, low levels of manufactured light or noise disturbances. Instead of hearing the Koalas and the curlews at night(endangered species), the ocean waves in the early morning, the bird song when you wake up in the morning, it will be replaced by the monotonous hum of car engines sitting in the two drive-through ques. Residents will be woken at all hours of the night by the sounds and smells of truck exhausts, carwash operations and antisocial hooning activities. Not to mention the unpleasant odours of car and truck exhaust emissions, takeaway food fryers and exhaust extraction fans 24-7 will replace the fresh uplifting smell of wet gum leaves and salty sea spray on the easterly breezes that we currently experience.

Allow illuminated signage.
This modification has the potential to negatively impact our wellbeing daily.
Residents chose to live in a rural location to avoid the effects of obtrusive outdoor lighting.
The lighting report provided by PE Consulting Engineers, indicates that the light levels that will be created by the illuminated signage has not been provided by the contractor, therefore the impact of the illuminated signage is unknown and cannot be assessed as compliant or non-compliant. “9.0 Signage Illuminance Assessment
We note that the signage contractor is unable to provide the photometric data for the advertising signs at this stage” (Tweed Coast Road, Kings Forest, NSW Kings Forest Service Station Obtrusive Lighting Report, page 8, PE Consulting Engineers, 19 August 2024).
I refer to and support the MOD 3 approved condition “Lights and signage be switched off between 10.30pm and 6.00am to reduce negative amenity impacts.”
Obtrusive effects of outdoor lighting – Street lighting

The negative effects from the light spill from the service station after 10 pm has been dismissed due to the anticipated effects of the newly erected street lighting (not yet activated).
The residents have not been made aware of the extensive nature of the new street lighting. The residents have not been informed, prior to installation, that the dual direction street lighting would not be fitted with light deflection shields to minimise light spill.
Residents have not been informed if the lighting will have dimmer relays to reduce the illumination after 10pm when the road usage has reduced dramatically. If dimmers are not included the residents will be seeking this from Council as well as light spill deflectors and requesting to turn off the surplus lighting poles off after 10pm.
Increased light, levels ill also negatively impact the known endangered coastal Koala communities in the surrounding woodlands.

Allow 24 hours operation of service station.
This request will negatively impact our wellbeing daily. An increase in traffic breaking and accelerating to access and leave the precinct will be excessively disturbing when the household is trying to relax and sleep. The noise and safety impact of hoons at all hours of the night has not been addressed in any reporting relating to the Kings Forest Stage 1 development.
What is the justification for the need for a 24hr operating service station along Tweed Coast Road?
There is already a 24hr operating service station 7.1km away (positioned on a highway road network) at Chinderah. The report stating convenience to residents including hospital and shift workers is therefore a moot point.
A traffic study completed by MetroCount Traffic Executive, between 27 June - 4 July 2024, indicates the average vehicle counts of less than 100 cars pass the project site during the night hours (10.00pm - 5.00am), which does not justify the need for service station business activity during these hours.
Increase in antisocial behaviours associated with the extended 24hr operations of a service station and food provisions.
If the operations are to extend to 24hours, the impact of increased antisocial behaviour, such as hoons, illegal camping, criminal activities and vandalism should not be underestimated. The developer has completely ignored the issue of community safety by making this unjust request.
The Kingscliff local area does not have the capacity to react to or address the anticipated increases in antisocial behaviour associated with 24hr business activity. The local area lacks support resources to cope with additional need. Numbers of Police staff locally, are declining. Our nearest staffed Police Station is 30 minutes away to the North, Tweed Heads and 45 minutes to the South, Brunswick Heads.
The addition of a staffed Police station within the service station would fulfil a community need and would be appreciated by all residents of the Tweed Shire.
End of trip facilities – This also promotes late night use and thereby exacerbates the points above relating to increases in antisocial behaviours.
The level of change and negative impact the Kings Forest Stage 1 project imposes on the local community is substantial and should have careful consideration of the MOB15 conditions requested by the developer.

Yours sincerely,
Concerned resident.