1A FLOWERS DRIVE CATHERINE HILL BAY 2281 Wallalong Land Developments Pty Ltd Planning Agreement

Note that this case is a Deed of Variation for SVPA-2011-4221 (Original VPA) and SVPA-2019-9 (Deed of Amendment and Deed of Novation).

Description of Proposed Development:
On 12 July 2012, the Planning Assessment Commission granted concept plan approval for Middle Camp (Catherine Hill Bay) 10_0089 for a 222 lot residential subdivision with conceptual lot layout, density and urban design, with a developable area of 28.2 hectares contained within Hamlet A – sawmill Camp (59 dwellings within 7.32 hectares of land) and Hamlet B – Colliery Hamlet (163 dwellings within 20.88 hectares of land); and dedication of 525.87 hectares of environmentally significant conservation lands (the Concept Plan Approval).

On 6 December 2022, Lake Macquarie City Council approved DA/2238/2017 for the ‘subdivision of Lots 1 and 2 of DP 1180181 into 209 Lots Suitable for Low Density Residential Development, Two Super Lots, One Drainage Reserve, Two Public Reserves and Heritage Walkway Construction’ (DA 2238)

The Concept Plan Approval and DA 2238 both constitute ‘Approvals’ required for the development on the Subject Land contemplated by the Planning Agreement.

Summary of Objectives, Nature and Effect of the Planning Agreement as amended by the Deed of Variation:
The Developer has proposed, and the Planning Minister and Environment Minister have agreed, to amend the Planning Agreement in accordance with the terms of the Deed of Variation, including among other things to:
• vary the nature of the Road Contribution to:
(a) provision of a monetary contribution to Transport for NSW, totalling $1,000,000 toward the upgrade of the intersection at Flowers Drive and Pacific Highway (Flowers Drive Monetary Contribution); and
(b) provision of a U-Turn facility at Nords Wharf Road to accommodate northbound vehicles existing Flowers Drive (Nords Wharf Road Works)
• include provision for indexation of the Flowers Drive Monetary Contribution
• include provision for the conditions to commencement, timing and completion of the Nords Wharf Road Works
• amend the Schedule of Land to exclude Lot 5 and the Environmental Offset Land
• make minor administrative updates to the terms of the Planning Agreement.
The below explanatory note explains the Deed of Variation and the associated Planning Agreements history in more detail.