FAQs

A planning proposal is a document and supporting information that explains the intended effect and justification of a proposed Local Environmental Plan or amendment to a Local Environmental Plan. 

A landowner, developer or an individual seeking to amend the zoning or development standards that apply to land they own, or have an interest in, may initiate a planning proposal. Council support of the planning proposal is required before it is able to be submitted to the Department of Planning and Environment for Gateway Determination. If the Department issues a Gateway Determination, a proposal proceeds to community consultation and any submissions are considered before making amendments to the planning controls.

The planning proposal relates to land at 69C, 81, 81D and 85 Trinity Point Drive, Morisset Park. An image of the subject site is shown below.

The site is currently zoned SP3 Tourist and W1 Natural Waterways. The SP3 Tourist zone permits a range of tourism land uses. Clause 7.16 of the Local Environmental Plan 2014 also permits residential accommodation and commercial development as part of the overall land use mix on the site. The site specific clause also includes provisions for a maximum of 150 dwellings with no more than 50 per cent of these to be used for permanent residential accommodation, foreshore building setbacks and inclusion of an Aboriginal education centre. A maximum building height of 6m, 12m and 16m applies across various parts of the site and is shown on the Height of Buildings Map.

It is noted that the existing approved State Significant Development Concept and Development Consents that have been issued for the site permit development that exceeds the number of dwellings, maximum height of buildings and permissible land uses. These approvals were issued under the Environmental Planning and Assessment Act 1979 by the Department of Planning and Environment, Council and the Land and Environment Court. 

The planning proposal lodged by Johnson Property Group Pty Ltd, seeks to amend the existing site specific planning controls relating to the site (Clause 7.16), in the Lake Macquarie Local Environmental Plan 2014, to facilitate an appropriate mix and balance of land uses including tourism, residential and commercial that contribute to a distinct, vibrant, activated lakeside tourist destination. The proposed changes include: 

• amendment to the ‘Additional Permitted Uses’ to refine the area where residential accommodation and commercial development is permitted with consent
• amendment to the ‘Additional Permitted Uses’ to include a helipad, in the location where development consent has been issued by the Land and Environment Court 
• increase to the maximum permitted building height to 34 metres for occupied floor area and 42m for the upper most roof elements, 
• requirements for development to exhibit design excellence 
• rezoning a parcel of Council owned land in the foreshore from SP3 Tourist to RE1 Public Recreation
• amend the requirements that relate to an Aboriginal education centre to instead require and implement a historical and Aboriginal heritage interpretation strategy for the site in consultation with the local Aboriginal Land Council. 

Building setbacks to the foreshore reserve are not proposed to be changed and the Height of Building Maps will remain 6m, 12m and 16m for any development that does not meet all requirements of the proposed new Clause 7.16. 

The Local Plan-Making Authority (LPMA) is the authority responsible for undertaking the statutory functions in making the changes to the Local Environmental Plan as identified by the Gateway Determination issued by the Department of Planning and Environment. This may be the Minister (or delegate) or the relevant council. Council is not the LPMA for this planning proposal. Therefore, if the proposal is supported by Council following exhibition, the proposal will need to be sent to the NSW Department of Planning and Environment for finalisation.

The planning proposal and Concept SSD application relating to the Trinity Point site are being exhibited and assessed concurrently. Although they relate to each other, they are separate processes. 

The planning proposal seeks to amend the existing planning controls in the Local Environmental Plan relating to the site, such as increased building heights. These changes have been proposed to facilitate the development sought under SSD-27028161, but if supported would apply to any application for development on the site. 

The Concept SSD application seeks approval for specific development on the site, including maximum building envelopes, land uses, car parking, maximum gross floor area and associated development strategies. It does not seek approval for any construction works. If the Concept SSD application is approved, a separate application - or applications - will be lodged, exhibited and assessed for the detailed design and construction of the development.

Some types of development are deemed to have State Significance if they are over a certain size, have high economic value or due to the potential impacts the development may have. 

The Minister of Planning or the Independent Planning Commission is the consent authority for SSD Applications. In some cases, the Minister may delegate the decision-making function to Department staff. More information on the SSD Process is available at planning.nsw.gov.au/Assess-and-Regulate/Development-Assessment/Planning-Approval-Pathways/State-Significant-Development. 

Johnson Property Group Pty Ltd lodged a Concept State Significant Development (SSD) application with the State Government’s Department of Planning and Environment for a new mixed-use tourism and residential development at Trinity Point.

The concept application seeks approval for six building envelopes, up to eight storeys (maximum 42m), which will comprise:

• A 218 room hotel and six serviced apartments
• 180 residential apartments
• A 300-seat function centre, two restaurants, a wellbeing centre and ancillary commercial and retail space 
• Landscaping 
• 614 basement car parking spaces.

If the Concept SSD application is approved, a separate application, or applications, will be lodged, exhibited and assessed for the detailed design and construction of the development.

The Trinity Point Mixed Use Tourism and Residential Development project that is being assessed by the State Government is classified as SSD under the State Environmental Planning Policy (Planning Systems) 2021 (Planning Systems SEPP), because it involves development of a tourist related purpose with a capital investment value (CIV) of more than $10 million in a sensitive coastal location.

The Minister of Planning or the Independent Planning Commission is the consent authority for SSD applications. In some cases, the Minister may delegate the decision-making function to Department of Planning and Environment staff.

The Applicant has lodged a concurrent Planning Proposal with Council seeking to change the development standards (planning controls) applying to the site as the development concept proposed under SSD-27028161 seeks variation to the existing planning controls. 

The Lake Macquarie Local Environmental Plan 2014 currently provides a maximum building height of 6m, 12m and 16m across various parts of the site and a maximum of 150 dwellings with no more than 50 per cent of these to be used for permanent residential. 

The proposed design and use of buildings under SSD-27028161 exceeds the existing controls. The Planning Proposal seeks to amend these controls to permit a maximum building height of 34m for occupied floor area and 42m for the upper most roof elements and allow a greater mix of tourism and residential apartments if design excellence is achieved as outlined in the draft Clause 7.16.   

The Planning Proposal and Concept SSD application will be assessed independently, to ensure that the overall outcomes for the site are appropriate. 

There are a number of existing approvals that apply to the site which have been approved in accordance with the existing Concept State Significant Development Approval. It is noted that these approvals go beyond what is permitted by the current site specific planning controls. 

On 5 September 2009, the Minister for Planning granted Concept Approval for a mixed-use development on the site comprised of a 188-berth marina, 150 tourist and residential accommodation units, a restaurant, café, function centre, shops and offices and car parking and public domain treatments. This has been modified on six occasions, including an amendment by the Land and Environment Court on 24 December 2019 permitting the use of a helipad attached to the marina. The current concept approves 315 accommodation units.  

A number of subsequent development applications have been approved by Council for the construction of components of the Concept Plan, including the marina, helipad, tourist and hospitality development, residential flat building and serviced apartments, and restaurant/cafe. If the new Concept SSD is approved by State Government, any inconsistencies with the existing approvals would need to be addressed. 

To view and make a submission on the Concept State Significant Development (SSD) application, please visit the State Government Planning Portal.

Although these documents relate to each other, they do have separate submission and assessment processes:

• The planning proposal is being exhibited by Council. 
• The Concept State Significant Development (SSD) application is being exhibited by the Department of Planning and Environment. 

These planning documents will be exhibited between 18 November and 16 December 2022 and will be assessed concurrently.

Below are instructions on how to view the exhibited documentation for Trinity Point and make a submission.

Council will accept submissions about the planning proposal via the following channels:

• Comment or upload a written submission via our online submission form.
• Email: [email protected] with the subject heading: Submission on planning proposal, Trinity Point RZ/14/2021
• In writing: ATT: Integrated Planning, Box 1906, Hunter Region Mail Centre, NSW 2310.

Submissions on the Concept SSD will be accepted via the State Government Planning Portal:  https://www.planningportal.nsw.gov.au/major-projects/projects/trinity-point-mixed-use-development.

The planning proposal and the Concept SSD application are being exhibited at the same time, and we encourage you to submit your feedback separately for each, using the channels outlined above. Note whether you are commenting on the planning proposal or the Concept SSD application. If your submission includes feedback on both, please submit your feedback on both submission links.

You should include whether you support or object to the proposal and reasons why. The feedback will be reviewed by staff and later presented to Council to make an informed decision.

Should multiple submissions be received from a single resident regarding this project, the feedback will be reviewed by staff and counted as one submission when reporting back to Council.

Please include your contact details, preferably with an e-mail address, to remain informed as the process progresses. 

Any submission received by Council will be publicly available on Council’s website. Submissions may also be accessed under the Government Information (Public Access) Act 2009. Council may reproduce submissions in Council reports or in Court proceedings.

If you have made a reportable political donation or gift in the last two years your submission must be accompanied by a "Disclosure Statement of Political Donations and Gifts where Council is Approval Authority - Submitters" Form.  For more information on reportable political donations or gifts, or to download a copy of this form go to lakemac.com.au and search for "Political Donations Submitters".  Please note failure to complete a statement, if a Political Donation/Gift has been made, is an offence under the Environmental Planning and Assessment Act 1979.

Feedback may result in further changes being made to the planning proposal prior to a report being prepared for Council.

You will be notified again, prior to Council considering the matter, which will include a link to the Council report containing a summary of submissions and how feedback was considered. It is expected the proposal will be reported back to Council seeking adoption in early-mid 2023.

If you have an enquiry about this planning proposal on public exhibition, please email [email protected] or phone (02) 4921 0333.

If your enquiry relates to the Concept State Significant Development, please contact the Department of Planning and Environment’s Information Centre by phoning 1300 305 695 or via e-mail at [email protected].