Rural Lands Strategy –

Planning Issues Presentation to Steering Committee

14 November 2012

Rural Lands Strategy

Planning Issues Presentation

Contents

• Planning hierarchy

• LEP Gateway Process

• LEP Zones in Rural Areas

• LEP Overlays

Rural Lands Strategy

Planning Hierarchy

Where does the Rural Lands Strategy fit in the hierarchy of Planning

documents?

• It is local Strategy

• It must be consistent with State and Regional Strategies

• It must reflect the relevant State and Federal legislation

See the hierarchy figure on the following page

Local Planning

Strategic Plans Local Environment Plans DCPs, Policies and Codes

State and Regional Planning

Regional Action Plan Regional Strategy SEPPs

Legislation

Federal Government State Government

Rural Lands Strategy

Planning Hierarchy

Rural Lands Strategy

Planning Hierarchy

How does the Rural Lands Strategy relate to other local

planning documents?

• It will implement or update actions from the Eurobodalla

Settlement Strategy, 2006.

• It will be implemented by future changes to Local Environmental

Plans.

See the figure describing the relationship between local planning

documents on the following page

Strategic Plans

• Eurobodalla Settlement Strategy

• Rural Lands Strategy (under development)

Local Environmental Plans

• Eurobodalla Local Environmental Plan 2012

• Rural Local Environmental Plan 1987

Development Control Plans, Policies and Codes

Rural Lands Strategy

Planning Hierarchy

Rural Lands Strategy

LEP Gateway Process

How will the recommendations of the Rural Lands Strategy,

relating to LEP changes, be implemented?

1 • Planning Proposal

2 • Gateway Determination

3 • Community Consultation

4 • Assessment

5 • Making of LEP amendment

Rural Lands Strategy

LEP Zones in Rural Areas

RLEP ELEP

1(a) Rural (environmental constraints and agriculture) zone

RU1 – Primary Production, E2 – Environmental Conservation, RU3 - Forestry, DM – Deferred Matter

1(a)1 Rural (environmental constraints, water catchment protection and agriculture) zone

RU1 – Primary Production, E1 – National Parks and Nature Reserves, DM – Deferred Matter

1 (c) Rural small holdings

RU4 – Primary Production Small Lots, R5 – Large Lot Residential, E4 – Environmental Living, DM – Deferred Matter

7(a) Environmental Protection (Wetlands) Zone E2 – Environmental Conservation

8 National Parks and Nature Reserves E1 – National Parks and Nature Reserves

10 Urban Expansion R2 – General Residential, RU4 – Primary Production Small Lots, E2 – Environmental Conservation, E4 – Environmental Living, DM – Deferred Matter

See maps on following page for an example

Rural Lands Strategy

LEP Zones in Rural Areas

Rural LEP 1987 (applies only to Deferred Matter in ELEP 2012)

Eurobodalla LEP 2012

1a1

1c

1a

E1

RU3

DM

RU1

RU4

E4

E2

Rural Lands Strategy

LEP Overlays

Rural LEP 1987 contains no overlays. • However, any environmental constraints on land are required to be considered in the

assessment of development applications under sections 5A and 79C of the Environmental Planning and Assessment Act 1997 and in accordance with any relevant State Government or Council policy or strategy.

Eurobodalla LEP 2012 contains the following overlays: • Additional Permitted Uses Map • Acid Sulphate Soils Map • Terrestrial Biodiversity Map • Wetlands Map, Riparian Lands and Watercourses Map • Dwelling Density Map • Dwelling Entitlements Map • Heritage Map • Height of Buildings Map • Public Infrastructure Buffer Map • Land Application Map • Land Reservation Acquisition Map • Land Release Area Map The underlined overlays identify the location of environmental constraints that need to be considered in the assessment of development applications.

Rural Lands Strategy

LEP Overlays

• Overlays are triggered only if a DA is lodged under ELEP 2012.

• They communicate up front to land owners the matters that need to be considered for a DA on their land, as specified in a local provision.

• These considerations already exist: • eg: The Terrestrial Biodiversity overlay recognises the existing

consideration under S5A of the Environmental Planning and Assessment Act, 1979.

• Lower South Coast REP • South Coast Regional Strategy • South Coast Regional Conservation Plan

• The overlays do not prohibit development.

Rural Lands Strategy

Planning Issues Presentation

Questions?

Rural Lands Strategy

LEP Gateway Process

Planning Proposal

• A planning proposal is a document which explains the effect of and justification for proposed amendments to an LEP. The Responsible Planning Authority (usually Council) must send the proposal to the NSW Department of Planning and Infrastructure for a “gateway determination”.

Gateway

• The Minister for Planning (or delegate) determines whether the planning proposal is to proceed. This gateway acts as a checkpoint to ensure that the proposal is justified or if it needs to be varied. The gateway determination also outlines required community and Agency consultations.

Community Consultation

• The proposal is publicly exhibited in accordance with the gateway determination. Consultation with State Agencies also takes place in accordance with the gateway determination.

Assessment

• Council gives consideration to all public submissions and State Agency requirements and amends the proposal if necessary.

Drafting & decision

• Draft amendments to the Local Environmental Plan are then prepared. The amendments to the LEP becomes law when published on the NSW legislation website.