Draft Rural Lands Policy - Frequently Asked Questions

Council has been involved in investigating the suitability of closer settlement in its rural zoned lands since 2002. Preparation of this policy has included a review of submissions to the exhibition of the Draft Rural Lands Strategic Plan (2003) and the findings of the subsequent Commissioners of Inquiry and community submissions to that process. The draft policy was on exhibition from 20 November to 31 January 2007, and the policy was adopted in June 2007.

The physical properties of land contribute to its capability to support sustainable land uses. The soil landscape, topography and slope, aspect and drainage patterns, vegetation quality and environmental hazards such as flood, bushfire risk and potential contamination provide a range of opportunities and constraints for primary production purposes on rural land.

Land "suitability" for certain land uses such as intensive agricultural practices or human settlement is influenced by other characteristics including the subdivision pattern and land use history, distances to service centres, road network, availability of services and potential for conflict between agricultural practices and future settlement areas.

Land use refers to the activities undertaken on any land. Through zoning and other planning controls in Council's principal planning instrument - the Coffs Harbour City Local Environmental Plan 2000 ('LEP') and Ulmarra LEP 1992, Council regulates the land uses and types of development that are permissible either with or without consent and specifies those that are prohibited. Land use controls are necessary to avoid the co-location of incompatible land uses, and in order to meet agreed environmental, economic and social outcomes and objectives.

The Rural Lands Settlement Policy applies to all land zoned Rural 1A under the Coffs Harbour LEP 2000 and the rural zoned amalgamated lands formerly part of Ulmarra/Pristine Waters that is zoned Rural 1(a) and 1(h) Horticulture.

Council has undertaken to lift the moratorium on subdivision of rural zoned lands once the draft amendment applying to the amalgamated lands has been finalised. This will enable assessment of development applications seeking rural subdivision in accordance with the LEP provisions, thereby enabling subdivision to minimum lot sizes of 40 ha and 6 ha for mapped banana lands where applicants can meet all relevant criteria. Council has sought to extennd the 6 ha minimum lot size provision to additional lands that may be identified through the inter-agency Coastal frost-Free Horticulture Lands Project.

This policy will not affect current rural zoned lands that have been identified for future urban and rural residential development in the Draft "Our Living City" Settlement Strategy and 1999 Rural Residential Strategy.

Lands in the identified preferred closer settlement area will be the subject of a future LEP Amendment where Council will engage in specific consultation with government agencies.

5. When will the proposed changes come into effect?

Council will consult with state government agencies on the draft Rural Lands Settlement Policy while preparing the amendment to the LEP to bring about the proposed changes. Subject to Council receiving delegations from the Department of Planning to exhibit the draft plan, the draft plan will be publicly exhibited and submissions considered. A report is then prepared for the Department of Planning and after the Minister has signed the plan, the changes become legal upon the amendment being published in the NSW Government Gazette. This process could take approximately 9-12 months.

The Rural Lands Settlement Policy will not affect the current regulations concerning rural land clearing for agriculture, bushfire hazard reduction etc. Landowners should continue to liaise with Council, the Department of Environment and Conservation (DEC) and Rural Fire Service as required. Under the Native Vegetation Act (2003), routine agricultural management activities are still permissable, however, broadscale clearing reuires property vegetation planning processes. Further information can be obtained from the Northern Rivers Catchment Management Authority.

Council will seek to amend the banana-industry specific provisions to broaden the application to lands capable of supporting a wider range of coastal frost-free horticulture. Council will seek the endorsement of the Department of Primary Industries and the Department of Planning to permit similar subdivision provisions to those that currently apply to mapped banana cultivation lands, to encourage coastal frost-free horticulture. This is aimed to ensure the continuing use of small lot subdivision for a range of intensive horticultural crops including bananas, blueberries, avocadoes, macadamias, lychees and the like.

Applications for boundary change and subdivision (without creating additional dwelling entitlements) may be considered, particularly where lot amalgamation will result in the creation of larger and more viable agricultural holdings.

The policy recommends the LEP be amended to permit dwelling entitlement on suitable existing lots within 2km of Nana Glen, Coramba and Corindi Beach. This position was not supported by the Department of Planning's submission to the exhibition of the draft policy. The Department of Planning has suggested instead that Council may complete a further strategic assessment of the areas "with a view to amending the rural settlement strategy to allow for clustered rural residential development, if constraints allow, and taking account of the issues raised (in their submission)." Council has resolved to progress a strategic review of the Rural Residential Strategy 1999 to incorporate closer settlement within 2kms of Coramba, Nana Glen and Corindi Beach.

The state government has indicated that it will continue to support subdivision provisions for agricultural purposes eg boundary adjustments.

This policy does not seek to identify land for rezoning to enable additional rural-residential lots, as this will be the purpose of a future review of the Rural Residential Lands Strategy (1999).

Council has no power to force landowners to amalgamate lots. However to obtain dwelling entitlement on lands proposed for agricultural purposes, lots may be amalgamated to meet the prescribed minimum lot size and thus achieve the right to apply for a dwelling entitlement.

No. The LEP does not permit the creation of additional lots with water access rights for domestic and stock use.

Council does not prescribe what agricultural activities should be undertaken on rural lands. Landowners should obtain further advice on crop suitability, weed and farm management from the Department of Primary Industries (formerly NSW Agriculture) and the Rural Lands Protection Board.

This policy will not have a direct impact on rural property values for rating purposes. The State Valuation Office undertakes periodic valuations that inform Council's rating system.

This policy does not affect subsidies already available to rural landowners eg farmland rating and access to funding for vegetation management works.

No. Rural zoned lands identified for future road infrastructure will be addressed under a separate process.

For more information on the Draft Strategy, please contact Alexandra Williams or Clyde Treadwell on 02 6648 4605.