16. DIRECTOR LIVEABLE COMMUNITIES
16.1. PLANNING PROPOSAL - DRAFT MIDCOAST LOCAL ENVIRONMENTAL PLAN
REPORT INFORMATION
Report Author Sue Calvin – Senior Strategic Planner
Date of Meeting 26 February 2025
Authorising Director Paul De Szell – Director Liveable Communities
SUMMARY OF REPORT
This report recommends that amendments be made to the draft MidCoast Local Environmental Plan and the MidCoast Planning Proposal (including Appendices) following community consultation.
The report also seeks Councils approval to submit these documents to the NSW Department of Planning, Housing and Infrastructure and to request the Department to make the plan.
RECOMMENDATION
That:
1. The MidCoast Planning Proposal including the draft MidCoast Local Environmental Plan and appendices (Attachments 1 to 23) be endorsed and be submitted to the NSW Department of Planning, Housing and Infrastructure.
2. That the draft MidCoast Local Environmental Plan mapping (Attachment 24) be endorsed and be submitted to the NSW Department of Planning, Housing and Infrastructure.
3. The NSW Department of Planning, Housing and Infrastructure be requested to make the draft MidCoast Local Environmental Plan.
FINANCIAL / RESOURCE IMPLICATIONS
The development of the MidCoast Planning Proposal (referred to as the planning proposal) and draft MidCoast Local Environmental Plan (referred to as the draft MidCoast LEP) has been undertaken within the existing Land Use Planning budget.
LEGAL IMPLICATIONS
The planning proposal (refer to Attachment 1) has been prepared in accordance with Division 3.4 of the Environmental Planning and Assessment Act 1979 and relevant NSW Department of Planning, Housing and Infrastructure guidance, including the Local Environmental Plan Making Guideline (August 2023).
The draft MidCoast LEP (refer to Attachment 2) has been prepared in accordance with the Standard Instrument (Local Environmental Plans) Order 2006, Standard Instrument - Principal Local Environmental Plan 2006 and relevant NSW Government planning legislation, policies and guidelines.
Community consultation was undertaken in accordance with the relevant NSW Government planning legislation, policies, and guidelines and Council’s Community Engagement Strategy.
RISK IMPLICATIONS
There are a number of risks associated with the planning proposal as outlined below:
• The amended Gateway Determination issued by the NSW Department of Planning, Housing and Infrastructure (the Department) states that the timeframe for completing the
draft MidCoast LEP is 20 April 2025. This timeframe includes the time needed by the Department to assess and report on the planning proposal. To meet this timeframe, the planning proposal needs to be reported to Council in February 2025, to allow 6 weeks for the Department to undertake their processes. The NSW Government sets strict timeframes for planning proposals.
• The community consultation was extensive with conversations held with over 1,700 people, resulting in 520 submissions and two petitions. While many of the submissions have resulted in improvements to the draft MidCoast LEP, some submissions cannot be resolved given the scope of what a Local Environmental Plan is intended to do. Some submissions could cause delays to the draft MidCoast LEP that may not benefit the wider community, in terms of providing consistent and improved planning controls across the MidCoast in a timely manner.
• The draft MidCoast LEP covers an area over 10,000km2 in size. While measures have been put in place to ensure the draft LEP is as accurate as possible, it is anticipated that future changes will be required to address issues and in some case errors. A register for amendments has been established to capture future changes to the draft MidCoast LEP.
• New clauses proposed in the draft MidCoast LEP (provided in Attachment 2) need to be approved by NSW Parliamentary Counsel’s Office (PCO) when the instrument is being formally drafted. There is a risk that some clauses may not meet the requirements of PCO, and these clauses may need to be amended or removed. Council will be kept informed by PCO about any changes proposed through this drafting process.
BACKGROUND
Currently, there are three Local Environmental Plans (LEPs) that apply to the MidCoast Council Local Government Area, being:
• Gloucester Local Environmental Plan 2010
• Great Lakes Local Environmental Plan 2014
• Greater Taree Local Environmental Plan 2010
Instead of consolidating the three existing LEPs, planning strategies were developed and reviews undertaken resulting in a suite of supporting documents to create new planning controls for the MidCoast. These supporting documents include:
• MidCoast Housing Strategy
• MidCoast Rural Strategy – The Way Forward
• Paper Subdivision Analysis Report
• MidCoast Recreation Zones Review
• MidCoast Employment Zones Review
• MidCoast Infrastructure Zones Review
• Manning Health/Taree CBD Precinct Plan
• Zoning in Urban – Response to feedback
• MidCoast Rural Strategy – Supplementary Report
Each of these documents were developed in consultation with the community and have guided the development of the draft MidCoast LEP (refer to Attachments 9 to17).
The planning proposal (refer to Attachment 1) explains and justifies the provisions in the draft MidCoast LEP and is amended throughout the process (shown below in Figure 1). The planning proposal has now been amended to incorporate information outlining the community consultation undertaken in relation to the draft plan.
The draft MidCoast LEP (refer to Attachment 2) aims to provide a consistent approach to land use planning that is relevant, robust and responsive to the diverse landscapes and desired character across the MidCoast. This version of the draft MidCoast LEP has been amended to include amendments recommended as a result of the community consultation undertaken in relation to the draft plan.
The figure 1 below outlines the process undertaken since the draft MidCoast LEP was signed off by Council in October 2023. We are now at the stage of requesting that Council sign off on the draft MidCoast LEP prior to submitting the plan to the NSW Government. The NSW Government then makes the plan, being the gazettal of the draft MidCoast LEP.
Figure 1: Timeframe for the final stages of the planning proposal
The purpose of this report is to outline the community consultation process, the feedback received and the proposed amendments to the draft MidCoast LEP that came about as a result of the consultation.
DISCUSSION
Community consultation on the draft MidCoast LEP was undertaken from 29 April until 14 July 2024. The community consultation process and outcomes have been documented in:
• the Consultation Report and Appendices (refer to Attachments 19 to 22) which outline the feedback provided during the community consultation process on the draft MidCoast LEP. This report identifies issues raised through consultation, provides a response/discussion on the issues and where appropriate recommends changes to the draft MidCoast LEP.
• the Consultation Outcomes Report (refer to Attachment 23) which outlines how the consultation was undertaken, the number of people who participated and any feedback on the consultation process. This report considers whether the approach and objectives outlined in the draft MidCoast LEP Consultation Strategy have been addressed.
The following provides an overview of these reports.
8.1 How we received feedback?
Feedback received during the community consultation came from several sources:
• submissions – there were 520 submissions received during the consultation period
• petitions – two petitions were received regarding the Gloucester rural lands. These were presented to the Ordinary Meeting of Council on 30 October 2024 and contained 69 unique signatures
• community conversations – we held conversations with over 1,700 people at 13 community drop-in sessions and held two meetings (North Arm Cove and Gloucester). In addition, there were also 429 phone appointments and email enquiries
• NSW Government Departments and Local Aboriginal Land Councils – the Gateway Determination listed the relevant NSW Government Departments and Local Aboriginal Land Councils that we needed to consult
• MidCoast Council – A number of departments across Council undertook a review and provided feedback.
8.2 How was the feedback considered?
The feedback provided on the draft MidCoast LEP has been considered in four parts.
Part 1 – Key themes
There were several notable themes that emerged during the consultation. Figure 2 (below) shows a breakdown of the categories outlined in the 520 submissions received. These categories were also generally reflected in the community conversations.
Figure 2 – Key categories from submissions (Note: submissions often raised more than one topic)
A common element of rural and conservation conversations was around the dwelling entitlement provisions in the draft MidCoast LEP. As a result, it was added as an additional theme to the top four themes, as shown below:
• paper subdivisions – a third of the submissions (176) were about paper subdivisions, making this the most significant issue raised during the consultation. Landowners were concerned about the proposed C4 Environmental Living zone and 5ha minimum lot size being applied to paper subdivision locations. The key issues and responses are addressed in Section 4.1 of the Consultation Report (refer to Attachment 19).
A key change to paper subdivisions is proposed by the NSW Department of Climate Change, Energy, the Environment and Water. They have requested that where the C4 Environmental Living zone has a minimum lot size of 5ha, that the minimum lot size be increased to 10ha to address environmental concerns. In addition, a maximum building height of 8.5m is proposed for the paper subdivision locations. This height should be applied to all land included in the C4 Environmental Living zone across the MidCoast. A mapping error occurred where it was not applied to the paper subdivision locations and amendments are proposed to rectify this error.
• conservation zones – the draft MidCoast LEP proposes a consistent approach to the application of conservation zones. As a result, some residents were concerned about the application of these zones over their property. Section 4.2 of the Consultation Report (refer to Attachment 19) provides an overview of the conservation issues raised. Reviews of the zones were undertaken, and some zones are proposed to change. These are outlined in
Section 5.0 of the Consultation Report which discusses the site specific submissions (refer to Appendix 19).
A key change to conservation zones is proposed in response landowners who are to be included in the C3 Environmental Management and C4 Environmental Living zone. They were concerned that they would need to apply for consent to graze their animals or erect farm buildings. Exempt development provisions are proposed to be included in the draft MidCoast LEP to address this issue. The new clause provisions are outlined in Section 4.2.4 of the Consultation Report (refer to Attachment 19).
• residential – apart from North Arm Cove, which is a paper subdivision location, Hallidays Point, Hawks Nest and Harrington had local issues that generated submissions in these locations. The most significant was Hallidays Point where submissions focussed on the timing and process for the Hallidays Point Place Strategy process. These issues are outlined in Section 4.3 of the Consultation Report (refer to Attachment 19).
A key change proposed in residential zones is to make multi dwelling housing prohibited in the R2 Low Density Residential zone. As outlined in Section 4.3.4 of the Consultation Report (refer to Attachment 19), this change will align the zones with the original intentions of the MidCoast Housing Strategy, provide better differentiation between the residential zones and ensure more dense housing is located in suitable locations with better access to services and facilities.
• rural – a number of the submissions raised concerns in regard to the use of the RU2 Rural Landscape zone with a 100ha minimum lot size over lands to the west of the Gloucester Basin and around Terreel. Section 4.4 of the Consultation Report (refer to Attachment 19) provides information on how the zones were developed and the proposed land uses. This Section also responds to the two petitions received by Council with regard to the western rural lands.
• dwelling entitlements – a number of submissions and community conversations related to the proposed two year sunset clause to be applied to the dwelling entitlement provisions. Concern was particularly in relation to existing holdings in some rural and conservation zones which would be subject to the proposed Clause 4.2A - Erection of dwelling houses on land in certain rural and environment protection zones. Section 4.5 of the Consultation Report (refer to Attachment 19) outlines the issue and proposes amendments to Clause 4.2A (to be renamed Clause 4.2A - Development on land in certain rural and environment protection zones) to improve its implementation. This clause will need to be discussed further when NSW Parliamentary Counsel’s Office are drafting this clause to ensure it meets the objectives.
These themes are generated from the grouping of site specific submissions. In some cases, like paper subdivisions and the petitions, the response to the submissions is provided under these themes.
Part 2 – Site specific
The majority of feedback received was site specific, with the community providing comments about their property and neighbourhoods. This site specific feedback is provided in the Consultation Report - Appendix A (refer to Attachment 20). The issues raised, a response and any proposed changes to the draft MidCoast LEP are outlined in this section.
Part 3 – NSW Government and Local Aboriginal Land Council interests
The Gateway Determination listed relevant NSW Government Departments and Local Aboriginal Land Councils that needed to be consulted with as shown below.
Outcomes of this consultation are outlined in the Consultation Report - Appendix B (refer to Attachment 21). In summary, proposed changes to the draft MidCoast LEP resulting from this consultation included:
• changes to the zoning of some properties under the ownership/management of the relevant NSW Government Department, Council or Local Aboriginal Land Councils
• amendments to Schedule 5 to update State Heritage listed items and include items identified by National Parks and Wildlife Service
• Department of Climate Change, Energy, the Environment and Water requested that where the C4 Environmental Living zone was proposed to be applied to paper subdivisions that the minimum lot size be increased from 5ha to 10ha. Also, sewage systems should be included as a prohibited land use in the C2 Environmental Conservation zone
• exempt development provisions relating to bus shelters be removed based on comments from Transport for NSW
• water supply systems being a permitted with consent land use in the RU4 Primary Production Small Lots zone to address points raised by Water NSW.
It is noted that discussions have been undertaken with the Forster Local Aboriginal Land Council, however they may seek additional information regarding the draft MidCoast LEP. If Council receives any further information from the Forster Local Aboriginal Land Council, this information will be provided to the Department of Planning, Housing and Infrastructure for their consideration.
Part 4 – LEP specific
The proposed changes to the draft MidCoast LEP are outlined in this part located in in the Consultation Report - Appendix C (refer to Attachment 22). It also includes responses to a number of submissions that commented specifically on sections of the draft MidCoast LEP.
The changes proposed in this document have been included in the draft MidCoast LEP provided in Attachment 2.
8.3 Rates changes
Ratepayers in the MidCoast have experienced some changes with their rates notices last year due to the final stage of a rates harmonisation program that has been underway for the past four years. As part of the harmonisation program, some residents may have noticed a change to the rates category of their land. In particular some residents now have a classification of residential, where they were previously categorised as residential – rural, or rural – residential depending on which former Council area (Gloucester, Great Lakes and Greater Taree) their property is located in.
The changes to these rates categories do not relate to a land use zone (which are used for planning or development purposes).
Given that the rates categories changed around the same time as the community consultation on the draft MidCoast LEP, some ratepayers thought that there was a direct link between the two projects, which is not the case.
8.4 In summary
The consultation has resulted in an extensive review of the draft MidCoast LEP with a number of amendments proposed.
Figure 3 shows how many submissions resulted in a change to the draft MidCoast LEP. It is noted that the change may have been minor when considering the number of issues raised. For example, the Hallidays Point submissions raised a number of issues, one of which was the request to prohibit multi dwelling housing land use in the R2 Low Density Residential zone, which is recommended to proceed.
Figure 3 – Number of submissions that resulted in a change to the draft MidCoast LEP
The feedback received has been appreciated and has resulted in the refinement of the draft MidCoast LEP. There have been zone boundaries and clauses refined, and errors identified. All of this improves the application of the draft MidCoast LEP. It is important to note that the draft MidCoast LEP refinement does not stop after the completion of the consultation and the draft MidCoast LEP being made. Future amendments are proposed to review zones and refine the plan as it is implemented.
CONSULTATION
Extensive consultation was undertaken in the development of the supporting documents to ‘checkin’ with the community prior to preparing the draft MidCoast LEP, which was grouped as follows:
• Know Your Urban Zone - 5 February 2020 until 9 April 2020
• Know Your Rural Zone - 30 August 2021 until 28 January 2022.
Given the draft MidCoast LEP will result in changes to the land use zones and development controls for large areas of the MidCoast, the community consultation was significant. Consultation on the draft MidCoast LEP was aimed at building the community’s understanding of the new planning controls and seeking their feedback.
The Consultation Outcomes Report (refer to Attachment 23) outlines how the consultation was undertaken, the number of people who participated in the consultation and any feedback on the consultation process. The Consultation Outcomes Report considers whether the approach and objectives outlined in the draft MidCoast LEP Consultation Strategy have been addressed.
A range of consultation methods were used as outlined in the consultation snapshot (Figure 4).
The MidCoast has most of its population living in urban areas with around 5% of the population living on rural lands which cover around 95% of the land area. When consulting on a plan that covers the entire MidCoast, it can be difficult to involve the whole community.
The following provides an overview of the breadth of the consultation, based on the topics discussed through the different consultation activities. In summary:
• residential participation was high with many conversations occurring at the drop-in sessions at the larger centres
• rural participation was high with information being sought from all consultation avenues. However, the submissions were relatively low, which could indicate that the information provided through conversations, the website and fact sheets may have addressed key concerns
• given the majority of paper subdivision landowners live outside the MidCoast, the phone call bookings were well utilised
Overall, the community consultation for the draft MidCoast LEP was considered a success. The participation levels were high for this project, and these are attributed to:
• a letter being sent to all ratepayers advising of the need to get involved in the draft MidCoast LEP consultation. This letter prompted the community to find out more information
• having drop-in sessions in locations and at times that suited the community. The Nabiac Farmers Market was a highly successful venue for this consultation
• having phone bookings to enable people to discuss their issues at a time that suited them
• Council’s website containing extensive information, including the highly utilised online mapping tool for people to check the zone changes proposed for their property.
COMMUNITY IMPACTS
Council is committed to engaging with our community in a meaningful way to develop relationships with our community while delivering benefits in ways that add value and build trust. This community consultation notified MidCoast landowners, provided a range of ways for people to find out more information, responded to the issues raised and resulted in changes to the draft MidCoast LEP.
Based on the survey of participants at the drop-in sessions (129 surveys), 98% of participants felt there was an opportunity to have their say and 87% felt better informed after attending the drop-in session. This demonstrates that the attendees surveyed had increased their understanding and knowledge of the draft MidCoast LEP.
Moving towards one set of planning controls will be beneficial in terms of applying a consistent approach to planning across the MidCoast.
ALIGNMENT WITH COMMUNITY PLAN/OPERATIONAL PLAN
The project reflects many of the key values, objectives and outcomes of the MidCoast 2022-2032: Shared Vision, Shared Responsibility (MidCoast Community Strategic Plan), and is particularly consistent with Community Outcome 2: An integrated and considered approach to managing our natural and built environments.
The draft MidCoast LEP is a major project in the MidCoast Delivery Program 2022-2026 and Operational Plan 2024-25.
TIMEFRAME
The amended Gateway Determination issued by the NSW Department of Planning, Housing and Infrastructure states that the timeframe for completing the draft MidCoast LEP is 20 April 2025.
This timeframe includes the time needed by the Department to assess and report on the planning proposal. To meet this timeframe, the planning proposal needs to be reported to Council in February 2025, to allow 6 weeks for the Department to undertake their processes. It is important to note that this 6 week timeframe doesn’t include time for the NSW Government to make the plan. This plan making process involves legal drafting with NSW Parliamentary Counsel’s Office, and is anticipated to take between 6 to 12 months.
LIST OF ATTACHMENTS
The following attachments are available on the meeting page of Council’s website under the ‘Attachments to Agenda’ heading:
PP - Planning Proposal
App - Appendix
Attachment 1 - MidCoast Planning Proposal: Draft MidCoast LEP (55 pages)
Attachment 2 - Draft MidCoast LEP (PP App 1) (140 pages)
Attachment 3 - Gateway Determination (PP App 2) (8 pages)
Attachment 4 - Assessment of Residential Areas (PP App 3) (84 pages)
Attachment 5 - Hunter Regional Plan 2041 Assessment (PP App 4) (16 pages)
Attachment 6 - State Environmental Planning Policy Assessment (PP App 5) (8 pages)
Attachment 7 - Ministerial Directions Assessment (PP App 6) (15 pages)
Attachment 8 - NSW Government Consultation (PP App 7) (33 pages)
Attachment 9 - MidCoast Housing Strategy (PP App 8) (92 pages)
Attachment 10 - MidCoast Rural Strategy – The Way Forward (PP App 9) (84 pages)
Attachment 11 - Paper Subdivision Analysis Report (PP App10) (153 pages)
Attachment 12 - MidCoast Recreation Zones Review (PP App 11) (35 pages)
Attachment 13 - MidCoast Employment Zones Review (PP App 12) (345 pages)
Attachment 14 - MidCoast Infrastructure Zones Review (PP App 13) (53 pages)
Attachment 15 - Manning Health-Taree CBD Precinct Plan (PP App 14) (65 pages)
Attachment 16 - Zoning in Urban - Response to feedback (PP App 15) (163 pages)
Attachment 17 - MidCoast Rural Strategy - Supplementary Report (PP App 16) (47 pages)
Attachment 18 - Council Reports (PP App 17) (85 pages)
Attachment 19 - Consultation Report (PP App 18) (32 pages)
Attachment 20 - Consultation Report Appendix A (PP App 19)
Attachment 21 - Consultation Report Appendix B (PP App 20) (133 pages)
Attachment 22 - Consultation Report Appendix C (PP App 21) (33 pages)
Attachment 23 - Community Outcomes Report (PP App 22) (29 pages)
Attachment 24 - Draft MidCoast LEP mapping
Attachment 25 - Draft LEP - Submissions and petitions - Part 1 - Submissions 1 to 200
Attachment 25 - Draft LEP - Submissions and petitions - Part 2 - Submissions 201 to 350
Attachment 25 - Draft LEP - Submissions and petitions - Part 3 - Submissions 351 to 522
16.DIRECTOR LIVEABLE COMMUNITIES
16.1. PLANNING PROPOSAL - DRAFT MIDCOAST LOCAL ENVIRONMENTAL PLAN
REPORT INFORMATION
Report Author Sue Calvin – Senior Strategic Planner
Date of Meeting 26 February 2025
Authorising Director Paul De Szell – DirectorLiveable Communities
RECOMMENDATION
That:
1. The MidCoast Planning Proposal including the draft MidCoast Local Environmental Plan and appendices (Attachments 1 to 23) be endorsed and be submitted to the NSW Department of Planning, Housing and Infrastructure.
2. That the draft MidCoast Local Environmental Plan mapping (Attachment 24) be endorsed and be submitted to the NSW Department of Planning, Housing and Infrastructure.
3. The NSW Department of Planning, Housing and Infrastructure be requested to make the draft MidCoast Local Environmental Plan.
Moved Cr M Graham/Seconded Cr M McKenzie
To defer the matter of the Draft MidCoast Local Environmental Plan for three months so that Councillors can properly review all submissions and correct any errors in the Plan.
An amendment was moved by Cr A Tickle/Seconded Cr N Turnbull
That:
1. The MidCoast Planning Proposal including the draft MidCoast Local Environmental Plan and appendices (Attachments 1 to 23) be endorsed and be submitted to the NSW Department of Planning, Housing and Infrastructure.
2. That the draft MidCoast Local Environmental Plan mapping (Attachment 24) be endorsed and be submitted to the NSW Department of Planning, Housing and Infrastructure.
3. The NSW Department of Planning, Housing and Infrastructure be requested to make the draft MidCoast Local Environmental Plan.
FOR VOTE – Cr P Howard, Cr J Miller, Cr T O’Keefe, Cr C Pontin, Cr D Smith, Cr A Tickle, Cr N Turnbull, Cr D Wilson AGAINST VOTE – Cr P Beazley, Cr M Graham, Cr M McKenzie ABSENT, DID NOT VOTE – Nil
The amendment was carried and became the motion
34/2025 RESOLUTION
(Moved Cr A Tickle/Seconded Cr N Turnbull)
That:
1. The MidCoast Planning Proposal including the draft MidCoast Local Environmental Plan and appendices (Attachments 1 to 23) be endorsed and be submitted to the NSW Department of Planning, Housing and Infrastructure.
2. That the draft MidCoast Local Environmental Plan mapping (Attachment 24) be endorsed and be submitted to the NSW Department of Planning, Housing and Infrastructure.
3. The NSW Department of Planning, Housing and Infrastructure be requested to make the draft MidCoast Local Environmental Plan
FOR VOTE – Cr P Howard, Cr J Miller, Cr T O’Keefe, Cr C Pontin, Cr D Smith, Cr A Tickle, Cr N Turnbull, Cr D Wilson AGAINST VOTE – Cr P Beazley, Cr M Graham, Cr M McKenzie ABSENT, DID NOT VOTE – Nil
Cr Beazley left the meeting at 3:10pm and did not return.