18 John Oxley Drive Planning Agreement

Consultation on this development has concluded.

Council has received an offer to enter into a voluntary planning agreement in relation a Planning Proposal to amend Port Macquarie-Hastings Local Environmental Plan (PMHLEP) 2011. This proposal is to rezone land located at 18 John Oxley Drive, Port Macquarie (Lots 12 and 13) from Primary Production (RU1) to B5 Business Development (B5). The rezoning will allow bulky goods development.

Notice of the 18 John Oxley Drive Planning Agreement is given in accordance with the Environmental Planning and Assessment Regulation 2000.

  • To find out more visit the documents library.
  • To have your say, complete a submission in the tab below.

For more information contact please contact Tim Molloy on 6581 8111 or e-mail tim.molloy@pmhc.nsw.gov.au.



Council has received an offer to enter into a voluntary planning agreement in relation a Planning Proposal to amend Port Macquarie-Hastings Local Environmental Plan (PMHLEP) 2011. This proposal is to rezone land located at 18 John Oxley Drive, Port Macquarie (Lots 12 and 13) from Primary Production (RU1) to B5 Business Development (B5). The rezoning will allow bulky goods development.

Notice of the 18 John Oxley Drive Planning Agreement is given in accordance with the Environmental Planning and Assessment Regulation 2000.

  • To find out more visit the documents library.
  • To have your say, complete a submission in the tab below.

For more information contact please contact Tim Molloy on 6581 8111 or e-mail tim.molloy@pmhc.nsw.gov.au.



Consultation on this development has concluded.
  • Outcome of engagement

    about 5 years ago

    Following on from community consultation, a report was presented to Council on Wednesday 20 August. Below is the outcome of this report. To read a copy of the report, click here.

    Item 11.02 18 JOHN OXLEY DRIVE, PORT MACQUARIE - BUSINESS REZONING 

    (PP2011-7.2) (PIN 48392)

    • Councillor Griffiths declared a Pecuniary Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 06:04pm.
    • Councillor Roberts declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 06:04pm.
    • Councillor Levido declared a Non-Pecuniary, Less Than Significant Interest in this matter and remained in the room during the Council's consideration.

    Speakers to Council in relation to the report

    1. Mr Michael Mowle, Hopkins Consultants Pty Ltd, addressed Council in opposition of the recommendation and answered questions from Councillors.
    2. Mr Chris Condon, CVC Mezzanine Finance Pty Ltd, addressed Council in support of the recommendation.
    3. Mr James Dunn, Minedor, addressed Council in opposition of the recommendation and answered questions from Councillors.
    4. Mr Scott Marchant, King and Campbell Pty Ltd, on behalf of the landowner addressed Council in support of the recommendation and answered questions from Councillors.

    MOTION MOVED: Levido/Intemann

    That Council:

    1. As result of the consideration of submissions, modify the proposed height limit in the LEP amendment to 8.5 metres within 20 metres of the boundary with No 28 John Oxley Drive.

    2. Take the necessary steps under sections 58 and 59 of the Environmental Planning and Assessment Act 1979 to finalise Local Environmental Plan 2011 (Amendment No 20) as described in the attached exhibited Planning Proposal, and incorporating the modification referred to above.

    3. Adopt Development Control Plan 2013 (Amendment No 2), incorporating the changes referred to in the report, to commence upon the latter of, the date that public notice of its approval is given in a local newspaper or the date of commencement of LEP 2011 (Amendment No 20).

    4. Execute the 18 John Oxley Drive Planning Agreement as attached.

    5. Thank in writing all those who made a submission for their contribution and provide information on Council’s decision on the matter.

    FORESHADOWED MOTION MOVED: Sargeant/Turner

    That Council defer the matter until the completion of the LGA wide traffic management study and the review of the Urban Growth Management Strategy.

    THE MOTION WAS PUT MOVED: Levido/Intemann

    That Council:

    1. As result of the consideration of submissions, modify the proposed height limit in the LEP amendment to 8.5 metres within 20 metres of the boundary with No 28 John Oxley Drive.

    2. Take the necessary steps under sections 58 and 59 of the Environmental Planning and Assessment Act 1979 to finalise Local Environmental Plan 2011 (Amendment No 20) as described in the attached exhibited Planning Proposal and incorporating the modification referred to above.

    3. Adopt Development Control Plan 2013 (Amendment No 2), incorporating the changes referred to in the report, to commence upon the latter of, the date that public notice of its approval is given in a local newspaper or the date of commencement of LEP 2011 (Amendment No 20).

    4. Execute the 18 John Oxley Drive Planning Agreement as attached.

    5. Thank in writing all those who made a submission for their contribution and provide information on Council’s decision on the matter.

    LOST: 3/4

    • FOR: Besseling, Intemann and Levido
    • AGAINST: Cusato, Hawkins, Sargeant and Turner

    THE FORESHADOWED MOTION WAS PUT RESOLVED: Sargeant/Turner

    That Council defer the matter until the completion of the LGA wide traffic management study and the review of the Urban Growth Management Strategy.

    CARRIED: 5/2

    • FOR: Cusato, Hawkins, Intemann, Sargeant and Turner
    • AGAINST: Besseling and Levido

    Councillor Griffiths returned to the meeting, the time being 07:27pm.

    Councillor Roberts returned to the meeting, the time being 07:27pm.


    Following on from community consultation, a report was presented to Council on Wednesday 20 August. Below is the outcome of this report. To read a copy of the report, click here.

    Item 11.02 18 JOHN OXLEY DRIVE, PORT MACQUARIE - BUSINESS REZONING 

    (PP2011-7.2) (PIN 48392)

    • Councillor Griffiths declared a Pecuniary Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 06:04pm.
    • Councillor Roberts declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 06:04pm.
    • Councillor Levido declared a Non-Pecuniary, Less Than Significant Interest in this matter and remained in the room during the Council's consideration.

    Speakers to Council in relation to the report

    1. Mr Michael Mowle, Hopkins Consultants Pty Ltd, addressed Council in opposition of the recommendation and answered questions from Councillors.
    2. Mr Chris Condon, CVC Mezzanine Finance Pty Ltd, addressed Council in support of the recommendation.
    3. Mr James Dunn, Minedor, addressed Council in opposition of the recommendation and answered questions from Councillors.
    4. Mr Scott Marchant, King and Campbell Pty Ltd, on behalf of the landowner addressed Council in support of the recommendation and answered questions from Councillors.

    MOTION MOVED: Levido/Intemann

    That Council:

    1. As result of the consideration of submissions, modify the proposed height limit in the LEP amendment to 8.5 metres within 20 metres of the boundary with No 28 John Oxley Drive.

    2. Take the necessary steps under sections 58 and 59 of the Environmental Planning and Assessment Act 1979 to finalise Local Environmental Plan 2011 (Amendment No 20) as described in the attached exhibited Planning Proposal, and incorporating the modification referred to above.

    3. Adopt Development Control Plan 2013 (Amendment No 2), incorporating the changes referred to in the report, to commence upon the latter of, the date that public notice of its approval is given in a local newspaper or the date of commencement of LEP 2011 (Amendment No 20).

    4. Execute the 18 John Oxley Drive Planning Agreement as attached.

    5. Thank in writing all those who made a submission for their contribution and provide information on Council’s decision on the matter.

    FORESHADOWED MOTION MOVED: Sargeant/Turner

    That Council defer the matter until the completion of the LGA wide traffic management study and the review of the Urban Growth Management Strategy.

    THE MOTION WAS PUT MOVED: Levido/Intemann

    That Council:

    1. As result of the consideration of submissions, modify the proposed height limit in the LEP amendment to 8.5 metres within 20 metres of the boundary with No 28 John Oxley Drive.

    2. Take the necessary steps under sections 58 and 59 of the Environmental Planning and Assessment Act 1979 to finalise Local Environmental Plan 2011 (Amendment No 20) as described in the attached exhibited Planning Proposal and incorporating the modification referred to above.

    3. Adopt Development Control Plan 2013 (Amendment No 2), incorporating the changes referred to in the report, to commence upon the latter of, the date that public notice of its approval is given in a local newspaper or the date of commencement of LEP 2011 (Amendment No 20).

    4. Execute the 18 John Oxley Drive Planning Agreement as attached.

    5. Thank in writing all those who made a submission for their contribution and provide information on Council’s decision on the matter.

    LOST: 3/4

    • FOR: Besseling, Intemann and Levido
    • AGAINST: Cusato, Hawkins, Sargeant and Turner

    THE FORESHADOWED MOTION WAS PUT RESOLVED: Sargeant/Turner

    That Council defer the matter until the completion of the LGA wide traffic management study and the review of the Urban Growth Management Strategy.

    CARRIED: 5/2

    • FOR: Cusato, Hawkins, Intemann, Sargeant and Turner
    • AGAINST: Besseling and Levido

    Councillor Griffiths returned to the meeting, the time being 07:27pm.

    Councillor Roberts returned to the meeting, the time being 07:27pm.


  • Background Information

    over 5 years ago

    Information about the proposal

    In April and May 2013 Council placed on exhibition a proposal for changes to planning controls for 18 John Oxley Drive (Lots 12 and 13 Deposited Plan 1088869), Port Macquarie. The proposed changes related to making it possible for Council to subsequently receive and consider a bulky goods development, including a large hardware and building supplies.

    Following this exhibition, a report went to Council in December 2013 which included submission received. At this meeting a decision was made to defer final decisions until the traffic matters identified in the report could be resolved.

    The specific exhibited changes in the “Planning Proposal” for 18 John Oxley Drive, Port Macquarie included amending Port Macquarie-Hastings Local Environmental Plan 2011:
    • to rezone land from Primary Production (RU1) to Business Development (B5),
    • to change the minimum lot size for subdivision from 40 hectares to 1.5 hectares,
    • to apply a maximum building height of 11.5 metres, and
    • to amend Port Macquarie-Hastings Development Control Plan 2011 to introduce some specific controls to minimise potential adverse impacts, particularly on the neighbouring Sienna Grange Retirement Village, and
    • an offer to enter into a voluntary planning agreement.

    In early June the State Government announced that it will construct a major upgrade to the adjoining Wrights Road intersection. Council has subsequently received an updated offer to enter into a voluntary planning agreement in relation the Planning Proposal. The planning agreement will provide for:

    • Restrictions on carrying out development on the land until satisfactory arrangements have been made for the upgrading of the Oxley Highway/Wrights Road/John Oxley Drive Intersection.
    • Provision of an Intersection on John Oxley Drive to serve the development on the land.
    • Provision of pedestrian facilities in John Oxley Drive.
    • Compliance with relevant DCP provisions for the protection of the amenity of the Sienna Grange Retirement Village.

    A printed copy of the draft planning agreement may be inspected at Council’s Port Macquarie, Wauchope and Laurieton Branch Offices between 8.30am and 4.30pm on normal business week days until the end of the notification period on  Friday 1 August 2014. 

    Any person may inspect the draft planning agreement and make a written submission until the end of the notification period. Please include your full name, postal or email address and contact details so that your submission can be formally acknowledged. Note that any submission may be made public, and public disclosure is required for any political donations or gifts (including to staff).  Submissions are subject to the provisions of the Government Information (Public Access) Act 2009.

    To complete an online submission click here.

    Information about the proposal

    In April and May 2013 Council placed on exhibition a proposal for changes to planning controls for 18 John Oxley Drive (Lots 12 and 13 Deposited Plan 1088869), Port Macquarie. The proposed changes related to making it possible for Council to subsequently receive and consider a bulky goods development, including a large hardware and building supplies.

    Following this exhibition, a report went to Council in December 2013 which included submission received. At this meeting a decision was made to defer final decisions until the traffic matters identified in the report could be resolved.

    The specific exhibited changes in the “Planning Proposal” for 18 John Oxley Drive, Port Macquarie included amending Port Macquarie-Hastings Local Environmental Plan 2011:
    • to rezone land from Primary Production (RU1) to Business Development (B5),
    • to change the minimum lot size for subdivision from 40 hectares to 1.5 hectares,
    • to apply a maximum building height of 11.5 metres, and
    • to amend Port Macquarie-Hastings Development Control Plan 2011 to introduce some specific controls to minimise potential adverse impacts, particularly on the neighbouring Sienna Grange Retirement Village, and
    • an offer to enter into a voluntary planning agreement.

    In early June the State Government announced that it will construct a major upgrade to the adjoining Wrights Road intersection. Council has subsequently received an updated offer to enter into a voluntary planning agreement in relation the Planning Proposal. The planning agreement will provide for:

    • Restrictions on carrying out development on the land until satisfactory arrangements have been made for the upgrading of the Oxley Highway/Wrights Road/John Oxley Drive Intersection.
    • Provision of an Intersection on John Oxley Drive to serve the development on the land.
    • Provision of pedestrian facilities in John Oxley Drive.
    • Compliance with relevant DCP provisions for the protection of the amenity of the Sienna Grange Retirement Village.

    A printed copy of the draft planning agreement may be inspected at Council’s Port Macquarie, Wauchope and Laurieton Branch Offices between 8.30am and 4.30pm on normal business week days until the end of the notification period on  Friday 1 August 2014. 

    Any person may inspect the draft planning agreement and make a written submission until the end of the notification period. Please include your full name, postal or email address and contact details so that your submission can be formally acknowledged. Note that any submission may be made public, and public disclosure is required for any political donations or gifts (including to staff).  Submissions are subject to the provisions of the Government Information (Public Access) Act 2009.

    To complete an online submission click here.