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Figure 16. Coastal Zone of the MidCoast, Coastal Management SEPP 2018

Manage development within coastal environments

Much of the growth occurring within the MidCoast is expected to occur in or near our coastal towns and villages.

As a popular location for those seeking a ‘sea change’, it is important that this demand is managed appropriately to preserve and improve the MidCoast’s 192km of coastline and broader coastal environment.

In addition to the growing coastal population, the recreational and working demand along our coast is also predicted to grow. For this reason, Council is committed to establishing sound planning controls that work to protect our iconic shores and estuaries now and into the future.

Figure 16. Coastal Zone of the MidCoast, Coastal Management SEPP 2018

The review considered a range of marine activities that already occur within the coastal zone, or off the coast of the our local government area, as well as the associated habitat

and infrastructure that support a variety of commercial industries and activities including aquaculture, fishing, coastal tourism, recreation and conservation.

The Coastal Zone encompasses all areas subject to the Coastal Management Act 2016 and State Environmental Planning Policy (SEPP) Coastal Management 2018 as shown Figure 1.

The effective and efficient management of these activities will continue to contribute significantly to the economic, social and environmental health of the MidCoast.

The scope of the Rural Strategy generally excludes consideration of land within urban areas, including most of landside locations associated with maritime activities. However, due to the importance of the agricultural/aquaculture sectors that rely on marine waters adjoining urban areas, it did identify and put forward recommendations for both waterways and adjoining land-side development areas at Crowdy Head, Manning River, Wallis Lake, Smiths Lake and Tea Gardens.

Other locations were identified and reviewed based on the presence of existing infrastructure or facilities, including boat ramps, moorings, piers and jetties located within the coastal environment; and considered within the context of other recent reviews of employment and recreation zones across the MidCoast.

The Rural Strategy may prescribe actions for applying land use zonings relevant to marine waterways and associated landside development that otherwise support marine activities. The high-level intentions of these zonings are to protect and manage the waterway in a manner that enables diverse and sustainable land uses, irrespective of their commercial, recreation or tourism focus.

Plan for marine-based industries and activities

The coastal environment of the MidCoast is broadly made up of seven separate coastal catchments that have unique natural, social, cultural and economic characteristics.

Future planning and plan-making will consider the issues and attributes characteristic of these catchments when determining the suitability of marine-based industries and other activities. In doing so Council will prioritise the protection of ecological health, biodiversity and coastal risk management outcomes, within these catchments.

Where suitable, planning will facilitate the use and development of land to support marine-based activities, recognising the importance of these uses to the MidCoast's economy and lifestyle.

Land use and development planning processes cannot, on their own, guarantee the productivity or profitability of marine-based industries, but can ensure suitable approval pathways are available to protect and retain existing facilities and infrastructure, and encourage facilities to co-locate in identified marine waterfront precincts, where suitable and appropriate.

Planning for marine waterfront precincts will recognise separate categories and capacity of these centres, providing a focus for establishing suitable planning controls and investing in relevant infrastructure.

Outcome 3.3.1. Planning for marine-based industries and activities

a) Prepare and maintain profiles for our coastal waterways and catchments: • Waterway characteristics, navigability and constraints such as overhead or underwater structures; • Ecological attributes, coastal risks, priority conservation and oyster production areas; • Landownership and occupation; • Restrictions on aquaculture, recreational or commercial fishing activities; • Availability and condition of land-based infrastructure and facilities. a) Apply waterways zones to all waterways up to the tidal limit to enable sustainable levels of occupation and development in line with local planning benchmarks and guidelines b) Provide approval pathways for marine-based industries and activities in locations that meet the 'site compatibility' criteria identified in the local planning benchmarks and guidelines for harbours, marinas and other waterways

Local Plan Recommendations LEP provisions

Ensure all waterways within the national park estate are in the national parks and nature reserves zone Apply waterway zones to the coastal/tidal limit, based on the location, existing and potential future use and environmental management requirements of the waterway Ensure waterway zones enable a diverse range of activities complementary to aquaculture, water-based commercial and tourism activities, appropriate to the environmental sensitivity of the waterway.

Manage access and use in coastal waterways

A wide range of activities take place within the MidCoast's coastal waterways, all of which rely on landside facilities. Examples include, but are not limited to:

• Public safety, including marine rescue and surf lifesaving facilities; • Chartered boat tours; • Personal recreational boating facilities; and • Industrial facilities, including oyster and commercial fishing landing and processing activities.

Providing additional opportunities for people to shop, dine or attend events close to or in view of the coast can also enhance people's experience and impression of our coastal waterways and industries.

Outcome 3.3.2. Managing access to and uses within coastal waterways

a) Apply recreation, environmental and commercial zones to areas adjoining coastal waterways that reflects existing and potential land-based occupation and development in line with local planning benchmarks and guidelines b) Provide approval pathways for a diverse range of land-based marine industries and activities in locations that meet the 'site compatibility' criteria identified in the local planning benchmarks and guidelines for harbours, marinas and other waterways

Local Plan Recommendations LEP provisions

Apply recreation, environmental and working waterfront zones on waterfront land, based on the location, existing and potential future use and environmental management requirements of the land and adjoining waterway. Ensure a broad range of land uses are permitted with consent in recreation and working waterfront zones, to provide flexibility and diversity in waterside activities and leverage access to and scenic amenity of, the waterway

DCP provisions

Update objectives and controls for the use, development and occupation of land-based development and activities associated with access and use of coastal waterways

Identify and respond to coastal risks and opportunities

The State-level Coastal Management framework separately defines and maps four coastal management areas that collectively make up the Coastal Zone. The mapping for each of these management areas overlap to varying degrees, but each has separate objectives for planning that will strongly influence how Council applies its planning controls.

• Coastal wetlands, littoral rainforests and associated buffers to development. • Coastal vulnerability areas that are subject to hazards such as coastal erosion and tidal inundation. • Coastal environment areas that have recognisable natural features; and • Coastal use areas.

Except for the coastal use area, land use and development within coastal management areas is likely to remain low-scale and low-impact to avoid placing people or property in harm's way and to protect sensitive ecological systems along the coast.

Council is responsible for preparing Coastal Management Programs (formerly Coastal Zone Management Plans) that collectively identify, and address risks associated with coastal processes for the whole of the coastal zone, and provide objectives for balancing community use, coastal amenity and ecological health. Each plan will set out recommendations for adjustments to current planning controls that will give effect to the desired management objectives.

Council has gazetted Coastal Zone Management Plans for the following areas:

• Manning Valley (2018), between Crowdy Bay / Diamond Head in the north, and

Black Head in the south; • Great Lakes (2016), between Black Head in the north to Yacaaba Head at the southern end of Bennet’s Beach; and • Jimmys Beach (2016), which created was separately from the Great Lakes plan recognising its identification as a coastal erosion hot spot.

Council is in the process of preparing Coastal Management Programs for:

• Old Bar- Manning Point; and • Manning Valley Catchment & Estuary Management Plan (draft exhibited 2021)

Outcome 3.3.3. Identify and respond to coastal risks and opportunities

a) Facilitate the Department of Planning, Industry & Environment program to transition existing coastal hazard area maps and assessment provisions from local LEP and DCPs into the Coastal Management SEPP. b) Review and update planning controls in response to Coastal Management Program recommendations.

Local Plan Recommendations LEP provisions

Apply an environmental zone to coastal wetlands and littoral rainforests mapped in the Coastal Management SEPP, consistent with the recommendations of the Department of Planning, Industry & Environment’s Northern Councils E Zone Review recommendations.

DCP provisions

Update objectives and controls to ensure consistent and adaptive assessment outcomes are available to guide development within coastal hazard areas, supplementing the requirements of the Coastal Management SEPP

GOAL 4. IMPROVE PLANNING AND PLAN-MAKING IN PRACTICE

The process of planning and plan-making for rural areas in the MidCoast is well-informed by a variety of perspectives, ensuring controls remain relevant and are readily understood by everyone.

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