Shire of Kempsey: Background Report for Rural Residential ... · sulphides will react with oxygen...

SHIRE OF KEMPSEY

BACKGROUND REPORTFOR RURAL RESIDENTIAL LAND USE STRATEGY

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SHIRE OF KEMPSEY RURAL RESIDENTIAL LAND RELEASE STRATEGY

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Ref : 11058

BACKGROUND REPORT FOR RURAL RESIDENTIAL LAND USE STRATEGY

KEMPSEY SHIRE COUNCIL

Prepared By:Insite Planning Services Pty Ltd (ABN: 63 109 684 648)

Address:Suite 1, Level 1, 104-106 Vincent Street, Cessnock

PO Box 93, CESSNOCK NSW 2325

Contact:(ph) 02 4991 4793(fax) 02 4990 7551

(email) [email protected]

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Copyright © Insite Planning Services Pty Ltd

This document has been authorised by : __________________________________

Disclaimer

This report has been prepared based on the information supplied by the client and investigation undertaken by Insite Planning Services Pty Ltd & other consult-

ants. Recommendations are based on Insite Planning Services Pty Ltd professional judgement only and whilst every effort has been taken to provide accurate

advice, Council and any other regulatory authorities may not concur with the recommendations expressed within this report. This document and the information

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bility to any third party who may use or rely upon this document or the information.

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This document has been registered with our solicitors along with a copy of all previous materials.

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Table of ContentsExecutive Summary ...................................................................................................................................... 11. Strategy Review’s Aims ............................................................................................................................. 2 Introduction ......................................................................................................................................... 2 Council’s Delivery Plan ......................................................................................................................... 22. Methodology ............................................................................................................................................ 3 ESD Evaluation ..................................................................................................................................... 4 Program ............................................................................................................................................... 4 Review Products .................................................................................................................................. 53. Shire Familiarisation ................................................................................................................................. 5 The Shire and the Mid-North Coast Region ......................................................................................... 5 The Shire .............................................................................................................................................. 6 Trends .................................................................................................................................................. 6 Demand ............................................................................................................................................... 6 Supply .................................................................................................................................................. 7 Constraints to Rural Residential Development .................................................................................... 74. Existing and Investigation Areas for Rural Residential Development ....................................................... 8 4.1 Geographic Extent of Investigation Areas ...................................................................................... 9 4.2 Planning Overview of Extant Rural Residential and ...................................................................... 11 Investigation Areas ..................................................................................................................... 115. Policy and Strategy Review ....................................................................................................................... 14 5.1 Kempsey Shire Council’s Delivery Program 2012 - 2016 ................................................................ 14 5.2 Kempsey Comprehensive Koala Plan of Management .................................................................. 146. Planning Context ...................................................................................................................................... 15 6.1 Commonwealth Environmental Protection and ........................................................................... 15 Biodiversity Conservation Act 1999 ........................................................................................... 15 6.2 NSW Rural Fires Act 1997 .............................................................................................................. 15 6.3 State Environmental Planning Policy No. 44 – Koala .................................................................... 16 Habitat Protection ...................................................................................................................... 16 6.4 Kempsey LEP 1987 ......................................................................................................................... 16 6.5 Kempsey Draft LEP 2012 ................................................................................................................ 18 6.6 Development Control Plans .......................................................................................................... 23 6.6.1 Location specific DCPs ....................................................................................................... 23 6.6.2 DCPs addressing specific issues ......................................................................................... 247. Demographic Analysis .............................................................................................................................. 268. Market Analysis ........................................................................................................................................ 279. Infrastructure Review ............................................................................................................................... 3010. Environmental Conditions ...................................................................................................................... 33 10.1 Kempsey Shire’s environment ..................................................................................................... 33 Koala Habitat and Its Management ............................................................................................ 34

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List of TablesTable 1: Rural residential land supply in 2011..............................................................................................7Table 2: Travel distances & travel times* from existing rural residential areas in Kempsey Shire to the closest town ...................................................................................................................................10Table 3: Travel distances & travel times from investigation areas in Kempsey Shire to the closest town ....10Table 4: Travel distances from rural residential areas to the closest town (Forster to Coffs Harbour) ........11Table 5: summary of ESD Evaluation Criteria ...............................................................................................41Table 6: ESD Rankings of Areas Evaluated ....................................................................................................42Table 7: ESD ranking descriptions ................................................................................................................42

10.2 Environmental Conditions in the Investigation Areas .................................................................. 34 10.3 Shire-Wide Implications for Rural Residential Land Release ....................................................... 4011. Public Workshop Outcomes ................................................................................................................... 4012. Sustainability Evaluation ......................................................................................................................... 4113. Conclusions ............................................................................................................................................ 43

APPENDIX 1 : MapsAPPENDIX 2 : Statutory Provisions Relevant to the ReviewAPPENDIX 3 : Property Market Survey QuestionsAPPENDIX 4 : Public Participation Workshop Summary ReportAPPENDIX 5 : Sustainability Assessment Framework

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ReferencesComprehensive Koala Plan of Management for Eastern Portion of Kempsey Shire LGA, Biolink Ecological Consultants, 2011.

Development Control Plans Nos 1, 2, 3, 4, 6, 12, 15, 16, 17, 18, 19, 20, 30, 32 & 36, Kempsey Shire Council, various dates.

Delivery Program 2012 – 2016 & Operational Plan 2012 – 2013, Kempsey Shire Council, 2012.

FAQs: What does the koala listing decision mean for me? Department of Sustainability, Environ-mental, Water, Population and Communities, Australian Government, April 2012.

Kempsey Shire Council Population Projections Report, September 2012, Kempsey Shire Council, 2012.

Kempsey Shire Ecologically Sustainable Development Strategy, Kempsey Shire Council, 2007.

Kempsey Local Environmental Plan 1987, http://www.legislation.nsw.gov.au/, 2011.

Kempsey Shire Rural Residential Land Release Strategy, Kempsey Shire Council, 1990.

Local Growth Management Strategy Residential Component, Kempsey Shire Council, 2010.

Mid-North Coast Regional Strategy, NSW Department of Planning, 2009.

On-site Sewage Management for Single Households, Department of Local Government, January 1998.

Planning for Bush Fire Protection, NSW Rural Fire Service, 2006.

Population Projections Report, Blueprint Planning Consultants, 2009.

Rural Residential Land Capacity Report, Kempsey Shire Council, 2011.

Settlement Planning Guidelines Mid and Far North Coast Regional Strategies, NSW Department of Planning, 2007.

State of the Environment Report Supplementary Report 2009/10, Kempsey Shire Council, 2010.

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Glossary of TermsTerm Description

Acid Sulphate Soils “…are naturally occurring soils, sediments or organic substrates that are formed under waterlogged conditions. These soils contain iron sulphide materials (predominantly as the mineral pyrite) or other oxidation products. Ina n undisturbed state below the water table, acid sulfate soils are benign. However if the soils are drained, excavated or exposed to air by a lowering of the water table, the sulphides will react with oxygen to form sulphuric acid,” (Wikipedia)

Biodiversity A term used to “…describe the variety of life on earth. It refers to the wide variety of ecosystems and living organisms: animals, plants their habitats and their genes. (International Union for Conservation of Nature website)

CKPoM An abbreviation for the Comprehensive Koala Plan of Management for Eastern Portion of Kempsey Shire LGA, Biolink Ecological Consult-ants, 2011

Development Control Plan (DCP)

A statutory plan usually containing guidelines for the design or development for various types of buildings and works, normally applied by a Council. They can be used to assist developers design their proposals and are used by Councils when assessing develop-ment applications.

Ecologically Sustainable Development (ESD)

Defined by the Bruntland Report (UN, 1997) as: “…development that meets the needs of the present without compromising the abil-ity of future generations to meet their own needs.”

Endangered Ecological Community (EEC)

An endangered ecological community is protected by legislation and is a group of plant and animal species that that live and interact together in a particular area; that is facing a risk of extinction.

Hydrology The study of the movement, distribution and quality of water on the Earth.

Intercensal The period between censuses of population and housing, conducted every five years by the Australian Bureau of Statistics

Littoral Rainforest “...a generally closed forest, the structure and composition of which is strongly influenced by its proximity to the ocean”. (threatened-species.environment.nsw.gov.au)

Local Environmental Plan (LEP)

A legal plan that sets out controls for the use and development of land, usually in a local government area. They contain land use zon-ing and other forms of development controls, such as a maximum building height.

Matrix An array of numbers, formed in a table or grid.

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Term DescriptionRural Residential A type of land use or development characterised by dwelling houses

on allotments small enough to take care of; and yet large enough to maintain the rural qualities of a locality. Rural residential areas are usually close to a town or suburb with a good range of schools, shops and government services. They are often referred to as “hobby farms” or “small acreages”. People often live on this type of property as a lifestyle choice and usually rely on sources of income other the land itself.

Stakeholder A person or group or organisation that has a particular interest in the outcome of a plan or process.

State Environmental Planning Policy (SEPP)

A legal plan that sets out planning controls for certain issues or specific sites, that are of significance to NSW. Examples SEPP 14 – Coastal Wetlands, which controls development that may or will affect a wetland covered by the policy; and SEPP – 44, Koala Habitat Protection, an axiomatic title.

State of the Environ-ment Report (SoE Report)

A report prepared for a defined area (such as a local government area, state or nation) that provides an analysis of trends in the environment in that area. The analysis can address aspects such as water quality, air quality, land use and ecosystem health. (definition adapted from Wikipedia)

Urban-Rural Edge A location that is on the edge of urban settlement, where rural residential development, small farms and often rural enterprises are typically found.

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Executive SummaryThis ReportThis background report has been prepared for Kempsey Shire Council by Insite Planning Servic-es to present the ground-work for reviewing Council’s Rural Residential Land Release Strategy. It is in need of review as much of the land it planned for has been either developed or is unsuit-able for development due to its location and as a result of changes to planning legislation.

Background ReportThis report has:• Identified and described existing rural residential areas• Examined the current strategic policy and planning context for rural residential develop-

ment• Researched and summarised key demographic and housing market trends that appear to

affect the Shire• Established that there is continuing demand for this type of land and housing over the next

25 years or so• Examined all rural land in the Shire and excluded some areas from further consideration as:

- The land is too remote from urban services provided by the Shire’s larger towns, Kemp-sey and South West Rocks

- The land is or may be flood prone, while noting that in some areas further investigation is necessary to determine flood risk (and hence whether the land is suitable for rural residential development) in accordance with the NSW Floodplain development Manual. The following factors would be considered: » The hydraulic flood hazard is low: flood water depth is less than one metre and wa-

ter velocity is nil or very low » The flood prone land is connected to flood free land or has flood free access » The land can be suitably drained when not flooded

- The land is highly productive farmland and protected as a regionally significant resource - The land has high conservation value or is subject to other environmental hazard

• Identified 12 areas in the Shire for further investigation, which has assessed other factors in deciding whether these areas are suitable for expanding or intensifying the existing supply of rural residential land and housing. These factors include: - Flora and fauna habitat (including Koala habitat) - Capacity to safely dispose of treated waste water - Risks associated with acid sulfate soils - Bush fire hazard - Capacity to provide infrastructure - Requirements of the NSW Floodplain Development Manual 2005.

• Completed an evaluation of these areas’ ability to contribute to a more ecologically sustain-able Kempsey Shire

• Identified and examined areas suited to new or more intense rural residential development over the next 25 years

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• Established issues that a new rural residential land release strategy will likely need to ad-dress, and provided some direction on a number of plausible options to manage those issues

Kempsey Rural Residential Land Release Strategy The strategy comprises:1. An overview of the existing rural residential land supply in the Shire2. A rural residential capability assessment of the 12 investigation areas examined in the Back-

ground Report3. An estimate of the potential number of rural residential lots in each investigation area and

the Shire4. A model to assist Council to make future decisions about demand and supply of rural resi-

dential land, from locality to locality and across the Shire, over a 25 year time horizon5. A land release program for the rezoning, subdivision and servicing of new rural residential

areas, or for the intensification of existing rural residential areas, as part of a new locality-based land release strategy for the Shire

6. Actions required to implement the strategy

1. Strategy Review’s AimsIntroductionIn late 2011, Kempsey Shire Council commissioned Insite Planning Services Pty Ltd to review Council’s Rural Residential Land Release Strategy. The current strategy is in need of review, as it has been implemented by Council since its adoption in 1990 and much of the land it identified has been either subdivided and developed or is unsuitable for development due to its location and as a result of changes to planning legislation.With the Shire’s steady and sometimes rapid growth in the last 20 years, especially in coastal settlements, there is continued demand for rural residential land and housing in the Shire and on the Mid-North Coast.The reviewed and refreshed strategy will be part of Council’s Local Growth Management Strat-egy. This Shire-wide, high-level plan will set out the direction for future rural, housing and employment-generating development; while protecting the Shire’s natural resources over the next two decades or so. The strategy also satisfies Council’s obligations under the NSW Govern-ment’s Mid-North Coast Regional Strategy, which establishes a path for state and local govern-ment land use, conservation and infrastructure planning until 2031.Rural residential development has been very much part of Kempsey’s overall housing market for many years and the Shire’s economic and social sustainability will partly depend on satisfy-ing demand for this type of housing.

Council’s Delivery PlanIn response to Council’s brief for the review, in line with government policy and Council’s own Delivery Plan (2012-2016), the key aim is to preserve the Shire’s finite natural resources. Of most relevance to this aim is the first goal of the Delivery Plan:

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GOAL 1: Sustainable EnvironmentTo facilitate ecological and economic sustainable development in the Shire.With the strategy recommending release of land for rural residential development, the com-munity can be assured the recommendations are founded on a thorough examination of the environmental, social and economic consequences of rezoning and development.Aims of the reviewCouncil’s aims in conducting the review are to:1. Review and update the Kempsey Shire Council Rural Residential Land Release Strategy to

meet the requirements of the NSW Government’s Mid North Coast Regional Strategy and Settlement Planning Guidelines

2. Identify locality-specific requirements for short, medium and long term rural residential land release areas, including a method to determine locality specific and Shire-wide de-mand

3. Produce an updated Rural Residential Component (Land Release Strategy) for the Local Growth Management Strategy for Kempsey Shire Council

4. Effectively communicate with stakeholders, including a study of requests from land owners to rezone land for rural residential development

5. Rationalising the existing 1 (g) Rural (Small Agricultural Enterprise) “G” zone into the strat-egy

2. MethodologyThe methodology is based on an understanding of local conditions and factors related to man-aging growth at the urban-rural edge, including:- • An apparent shortage of rural residential land in and around Kempsey, Crescent Head and

South West Rocks, the three main urban settlements in Kempsey Shire, while noting that the local market extends up and down the coast, especially in the Port Macquarie-Hastings district

• This perceived shortage stemming from the current land supply being in localities that are presently not experiencing demand for rural residential land and housing

• A likely continued demand for this form of land and housing over the next 25 years or so• A policy directive from the NSW Government’s Department of Planning & Infrastructure,

which requires Council to only identify land as suitable for rural residential use, when that land is: - Close to and supports inland settlements, including Kempsey - Not flood prone - Not regionally significant (highly productive) farm land - Already substantially cleared of native vegetation - Away from the coast (generally speaking, west of the Pacific Highway), unless land (east

of the Highway) is thoroughly investigated before rezoning - Not land with future urban potential - Accessible from the local road network (i.e. not the Pacific Highway)

• The need for a thorough understanding of current supply and the likely future demand for rural residential land, especially the locations and lot sizes people seek

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• Infrastructure being provided in an economically affordable and environmentally sustain-able fashion

• Current zoning and minimum lot size controls that may be precluding subdivision in certain areas, already zoned for smaller allotments (8ha or less)

The development potential of zoned rural residential land is constrained by degrees in various localities. This review therefore examines these limitations and looks beyond these areas to examine and determine if this supply can be increased in years to come. To define the policy context, the review has examined current strategies and plans at local, state and Commonwealth levels, communicated with Council officers, the Department of Plan-ning and Infrastructure and a number of other Government Agencies; and considered issues raised at a stakeholder workshop in April 2012.All the investigation areas have been visited by the study team to examine local environmental conditions and to gauge their potential for further rural residential housing.Other important topics this review addresses are:• Infrastructure capacity, to support new rural residential areas or intensified subdivision

of existing rural residential land in various localities, by consulting with utility and service providers

• The market, namely what people seek in a rural residential allotment, addressing these fac-tors:

- Location; - Soil and vegetation quality; - Lot sizes; and - Origin of (prospective) purchasers;

by conducting interviews with real estate agents in the Kempsey and Port Macquarie dis-tricts and examining demographic data.

• Developing a strategic land release staging plan (across the various localities), accounting for environmental capacity, the ability to service the land and the timing of new land re-lease according to these and current market factors

• The NSW Government’s urban settlement criteria and Council’s own policies and strate-gies, principally its growth management strategy and long term strategic plan, known as the Delivery Plan, 2012 - 2016.

ESD EvaluationA set of ‘sustainability criteria’ has been formulated to capture and express both the outcomes to be planned for and the need to protect our environment from unsuitable forms of land use and development. These criteria were then compiled into a matrix, to help decide whether or not development of that land for rural residential purposes would further the cause of a sus-tainable Kempsey Shire. A number of criteria derive from stakeholder input at a project work-shop held in the early stage of the review, in April 2012.

ProgramThe review has been undertaken in 5 steps or stages, with the aim of producing a contemporary rural residential land release strategy for public comment, review and adoption by Council. As part of its growth management framework, Council will submit the strategy to the NSW Gov-ernment for approval, as the basis for considering rezoning and development of rural residen-tial land.

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The 5 steps are:1. Analysis – an overview of current environmental, policy and market conditions affecting

rural residential land use and planning2. Communications and consultation – to occur during various stages of the review, planned

stakeholder involvement in the review includes interviews, review of submissions Council has and will receive, a strategic planning workshop and public exhibition of a new draft strategy

3. Demand and supply model – a methodology for a new system whereby Council is able to collect and analyse data to monitor shifts in demand for rural residential land across the Shire and amongst its rural districts

4. Locality Staging plan * – a plan that aims to link rural residential land release with infra-structure provision; to meet demand in the short, medium and long term. Depending on demand shifts over time, this staging plan would be periodically reviewed

5. Rural residential land release strategy* – a strategy for managing the supply of rural resi-dential demand in Kempsey Shire for the next 25 years

* To meet Government requirements, quoted below, the Settlement Planning Guidelines (for rural residential and urban development) Department of Planning 2007, will be observed.

Review ProductsThe review has been written up into this background report, reflecting the steps taken and those to be taken:• Review of environmental, access, servicing, land supply and relevant policies and plans• Identification of land that has potential to accommodate rural residential development• Property market survey• Stakeholder workshop • Draft background report• Draft land release strategy• Summary and analysis of public submissions received during formal exhibition of a draft

land release strategy• Final land release strategy

3. Shire FamiliarisationThe Shire and the Mid-North Coast RegionKempsey Shire is located practically halfway between Brisbane and Sydney on the east coast of Australia. The Shire is blessed with a quality environment, highly productive agricultural land, large tracts of forest and a diverse coastal fringe. Like the rest of the mid and far north coasts of NSW, foundations of human settlement were timber and agriculture, with access initially afforded by rivers such as the Macleay and later the North Coast Railway and the Pacific Highway.Map 1 (Appendix 1) shows Kempsey’s location on the Mid-North Coast of NSW.In regional planning terms, the Kempsey Shire is one of eight local government areas that form the Mid-North Coast Region. In 2006 the NSW Department of Planning published a 25-year strategy to accommodate growth, plan for infrastructure and environmental conservation in the region.

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In relation to Kempsey and this project, the key features of the regional strategy are:• Accommodating another 3,900 dwellings in the Shire (with around 900-1,000 of these to be

provided as small-acreages (assuming the demand for rural residential housing will be 25% of the total housing demand)

• Providing (State-supplied) infrastructure to serve this growth• Kempsey is classed a “major town” – Port Macquarie and Coffs Harbour are the Major Re-

gional Centres• Protecting quality farmland and natural resources (minerals and forests)• Urban growth being accommodated at South West Rocks and to a lesser extent on the

western fringe of Kempsey, • Further rural residential development is anticipated by the strategy, subject to meeting the

criteria outlined in part 2 (Department of Planning’s Settlement Planning Guidelines, 2007)

The ShireThe Kempsey township is more-or-less central to the Shire, with other towns mainly on the coast including South West Rocks and Crescent Head. Other towns and villages include Freder-ickton, Hat Head, Smithtown and Gladstone, Stuarts Point, Clybucca, Willawarrin, Bellbrook and Kundabung.The landscape of the Shire in which these settlements lie is a combination of coastal and al-luvial plain that mainly drain to the Macleay River. As one moves westwards from the coast the country undulates more steeply to the foothills of the Great Dividing Range. Urban settlements are supported by rural activity and tourism, with the beaches, agricultural land and forests forming an attractive package for residents and visitors alike.

TrendsLike other parts of the coast between Broken Bay and the Tweed, sea and tree-changers have settled in the Shire, looking for a change in lifestyle. As the population ages and the capitals and larger cities become more crowded, congested and costly, many have and will likely continue to re-settle in the regions. These trends have been well-established and well-documented, by demographers both government and non-government now for decades.Some of these people look for an acre to two, usually within a 30-45 minute drive of town (we are informed by local real estate agents), to raise the odd horse or to have the best of both worlds – town and country. According to market research undertaken in support of this project, people are looking to buy an acre or two in the Shire, who come from Sydney and Newcastle and in some cases from interstate and even overseas. Perhaps in response to this demand and the generally accepted view that there is insufficient land available for small acreages in the Shire, Council has received a number of requests to rezone land for rural residential development.

DemandA forecast growth of 900 to 1,000 small holdings until 2036 equates to a need to supply, on average, around 36 to 40 rural residential lots every year. Where, when and how to meet this demand are key questions this project attempts to answer, given this demand is likely to wax and wane with changing social and economic conditions in years to come.It is therefore essential to examine what might happen over the planning horizon of 25 years, in order to gauge how this will affect demand for and supply of rural residential land and develop a robust strategy able to respond to changing conditions.

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SupplyTo commence the review of the current rural residential strategy, rural residential land supply was compiled in Council’s report Kempsey Rural Residential Land Capacity Report, June 2011. The table below is reproduced from this report.

Table 1: Rural residential land supply in 2011

LocalityVacant

Lots

Potential Subdivision

Yield

Total Supply

Vacant Lots

Potential Subdivision

Yield

Total Supply

Zone 1(c) Zone 1(g)Arakoon 20 10 30 0 0 0Collombatti 0 0 0 20 94 114Aldavilla & Yarravel 26 161 187 0 0 0Frederickton 14 24 38 0 0 0West Kempsey 1 5 6 0 0 0Euroka & Dondingalong 27 86 113 0 0 0Verges Creek 3 118 121 0 0 0South Kempsey 30 109 139 10 0 10Kundabung 0 0 0 6 7 13Crescent Head 15 1 16 7 15 22Totals 127 510 637 43 116 159

Figures in the table indicate to potential supply, in 2011, of 796 allotments in the two zones that permit rural small holdings. When considered in the context of the market intelligence gathered (part 8), this table indicates where demand is strong or weak. Generally, areas of high demand have a low number of available lots while the reverse is the case for areas of low demand.There is clearly a need to plan for increasing the supply of rural residential land in Kempsey Shire.To complete the picture however, the potential supply to be developed from the preliminary analysis of the Background Report must be included.To provide a basis for the strategy, in addition to the findings of the 2011 Rural Residential Land Capacity Study, a ‘maximum’ potential supply is estimated in the strategy, to follow this report. This was achieved by extending existing rural residential localities and identifying other locali-ties with potential for this type of development. Council’s ability to service these areas (road ac-cess and waste collection services being key issues for Council) and their environmental condi-tions were investigated in the various locations in which people may wish to settle.Several areas are already subdivided for rural residential use, where lot sizes range from 1 hectare to 8 hectares under current planning controls. While enlarging them is an option for accommodating demand for more land, it is also possible to intensify the density at which they are developed by decreasing the minimum lot size for subdivision. Releasing new land or inten-sifying the use of current rural residential land will depend upon the capacity of the land and its environmental qualities being preserved.

Constraints to Rural Residential DevelopmentIn strategic planning terms, constraints are environmental and human conditions which prevent or limit the use of land for a particular purpose(s); or conditions that must be managed to en-able that land’s use or development for that purpose(s).

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• Constraints which prevent rural residential land use are:• Flood prone land (High Hazard Flood Storage/ Floodway)• Reservation of land for National Parks, State Forests, conservation and recreation; and the

like• Highly productive rural land that is identified as regionally significant (this land was mapped

“Regionally Significant Farmland” by the Mid-North Coast Farmland Mapping Project, De-partment of Planning, 2008)

• Acid sulfate soils (Classes 1 -3)• Coastal Wetlands (State Environmental Planning Policy 14)• Littoral Rainforests (State Environmental Planning Policy 26)For the purpose of this review, constraints that influence and do not necessarily prevent rural residential development are:• Bush fire, noting it is a manageable constraint in most circumstances• Acid sulfate soils (Classes 4 & 5)• Endangered ecological communities• Disposal of waste water (including sewage)• Habitat of rare and endangered species (floral and faunal)*.• Heavy native vegetation (that may not be an EEC or koala habitat)• Heritage items or areas of cultural significance for Aboriginal and non-Aboriginal people• Proximity to main roads and railways, namely the Pacific Highway, the Kempsey Bypass and

the North Coast Railway**• Buffers to other land uses (e.g. timber mills, quarries)• Flood-prone land (Low Hazard Flood Fringe)* For the purpose of this study and due to availability of data, koala habitat is used to define areas with habitat value, assuming these areas could also be inhabited by other threatened or endangered species.** Due to access being precluded from main roads; and possible noise and vibration impacts of road and rail traffic on land and development.

4. Existing and Investigation Areas for Rural Residential Development12 areas are identified as being suitable for further investigation. 10 are existing rural residen-tial areas, zoned 1 (c) and 1 (g), shown in Map 2 (Appendix 1). The investigation was under-pinned by the need to answer two basic questions:1. What is the ‘maximum potential, or ‘growth limit’, for rural residential development in the

Shire?2. At what points in the future should more land be rezoned to permit rural residential subdi-

vision?Two other areas, Yarrahapinni/Stuarts Point and Barranganyatti, not zoned for rural residential use were investigated to determine whether they have any potential to accommodate rural residential development as local market research suggested latent demand. The areas exam-ined have access to local services in Stuarts Point and Macksville.

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Key criteria were applied to commence the review, with other influences and factors considered in ascertaining their rural residential capability. These criteria dictate that land is not suitable for hobby farms and small acreages where:• The land is flood prone (noting that data is incomplete in some parts of the Shire and needs

to be accurately defined)• The land is regionally significant (highly productive) farmland• The land has high risk acid sulfate soils• The land is in public ownership for a range of purposes including National Parks, Nature

Reserves and State Forests• The land is too remote from urban services (generally further than 20 km from the closest

town with a good range of services)Areas potentially unsuitable and unavailable for rural residential development areas are shown in Map 3.Existing rural residential areas:1. South West Rocks & Arakoon2. Collombatti3. Frederickton4. Aldavilla& Yarravel5. Euroka & Dondingalong6. West Kempsey7. Verges Creek8. South Kempsey9. Crescent Head10. KundabungAdditional investigation areas:11. Stuarts Point &Yarrahapinni12. BarranganyattiMap 4 shows the investigation areas in all 12 localities and Maps 5 to 12 (Appendix 1) show the zoned and adjoining investigation areas in more detail.

4.1 Geographic Extent of Investigation AreasAnother issue, in addition to those described, is the question of how far away a rural residential area should be from urban employment and services, such as:• Shops & commercial services• Schools & higher education• Health care & other services• Community & recreation facilitiesThe literature (internet) review, undertaken as part of this review was inconclusive, regarding a policy position in various jurisdictions, in terms of stipulating a distance or travel time (by private motor-vehicle) people should or are prepared to travel for these services, when they choose to live in a rural or semi-rural location. When this issue was broached with estate agents in the region, they generally felt people are prepared to travel 30 – 45 minutes to work or to go shopping or take the kids to school. This is somewhat consistent with the well-studied concept of a “travel-time budget”, otherwise known as Marchetti’s constant, which states that most people are prepared to travel around 60

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minutes per day, while noting it varies from person to person and that we all tend to allocate a certain amount for time per day for travel. Some areas are clearly too remote and inadequately serviced (by road) to support rural resi-dential development, even though they are free from flooding and not prime farm land (with highly productive, fertile soils).Case Study: travel distance between ‘lifestyle’ subdivisions and towns, from Forster to Coffs HarbourTo address this issue, a sample of the distances and estimated travel times between “lifestyle” and rural residential subdivisions in the region to their closest urban centre with a reasonable range of services and facilities was reviewed. The area examined was generally between Forster and Coffs Harbour.Using a web-based global mapping system, the distances from the Shire’s main towns to the Shire’s extant rural residential areas and investigation areas were measured and travel times estimated using this system’s “Get Directions” tool, to compare them with the distances and times people are prepared to travel to the nearest town in other parts of the region.This is considered a reasonable approach to determine the geographic extent of the review.The tables below show the distances between a sample of ‘lifestyle’ subdivisions and the clos-est town where, as a ‘rule-of-thumb’, primary schools, daily shopping and some higher-order goods and services are available, in:• Kempsey Shire’s existing rural residential areas• Investigation areas in Kempsey Shire• Rural residential areas in the region in other local government areasTable 2: Travel distances & travel times* from existing rural residential areas in Kempsey Shire to the closest town

Rural Residential Area Town Distance (km) Estimated Travel

Time (minutes)Arakoon South West Rocks 4.6 10West Kempsey Kempsey 4.3 5South Kempsey Kempsey 5.7 10Frederickton Kempsey 7.9 10Collombatti (via Spooners Ave) Kempsey 12.7 15

Kundabung Kempsey 15 15

Table 3: Travel distances & travel times from investigation areas in Kempsey Shire to the clos-est town

Investigation Area Town Distance (km) Estimated Travel Time (minutes)

Barranganyatti Stuarts Point 6.5 15Barranganyatti Macksville 22.1 25Barranganyatti Kempsey 32.4 30Yarrahapinni Stuarts Point 4.4 5Yarrahapinni Macksville 24 20Yarrahapinni Kempsey 38.3 35Collombatti (via Col-lombatti-Frederickton Rd)

Kempsey 22 15

Dondingalong Kempsey 19 15

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Table 4: Travel distances from rural residential areas to the closest town (Forster to Coffs Har-bour)

Rural Residential Area Town Distance (km) Estimated Travel

Time (minutes)Hallidays Point Forster 14.8 20Coomba Bay Forster 44 40Bohnock Old Bar 5 10Mohnock Taree 12.3 15Taree South Taree 6 10King Creek Wauchope 6.1 10Rosewood Wauchope 5 5Lake Innes Port Macquarie 15.9 20Valla Nambucca Heads 9 10Nana Glen Coffs Harbour 3.7 30Bucca Coffs Harbour 14.2 15Emerald Beach Woolgoolga 7.1 10Emerald Beach Coffs Harbour 20.6 20Boambee Coffs Harbour 9.6 15Bonville Coffs Harbour 13.2 15

* Distances have been measured from a ‘central point in each ‘lifesyle’ area and town centre. Travel times have been rounded upwards to the nearest multiple of 5 minutes

Regional analysis:The distances recorded and travel times estimated across the Shire and the region indicates:• The average distance between the ‘typical’ rural residential area and the nearest town is

about 13.5 km (about a 15 minute drive)• The median is between around 20km (a 20 minute drive)• The furthest distances are in a range between 25km and 45km (a 30 to 50 minute drive)• The shorter distances (less than 5km) represent about 20% of the sample• Around 55% of the lifestyle areas sampled are within 15 km (a 15 – 20 minute drive) of the

closest townThe foregoing indicates a majority of ‘lifestyle’ lots are 15km or less from town. This would equate to around a 15 – 20 minute drive, using sealed roads for the entire journey, which will be considered when determining the suitability of areas for future release.

4.2 Planning Overview of Extant Rural Residential and Investigation AreasBelow is a brief description of the 12 investigation areas, identifying key planning issues. Fur-ther analysis and identification of areas capable of sustaining new or more intense small acre-age development is in part 10 of this report. South West Rocks & ArakoonPartly zoned 1 (d) Urban Investigation and 1 (c) Rural Small Holdings land off Arakoon Road (Map 5 Appendix 1) is being investigated by Council for residential rezoning (also noted by the NSW Government’s regional strategy) and will not be considered for rural residential develop-ment. Further land holdings east and west of South West Rocks are zoned similarly, with other large tracts of non-urban land zoned for open space and conservation.

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There is therefore no scope to expand rural residential development in this area.Koala habitatBefore examining the remaining 11 areas, it is worth noting a number of them were surveyed by and are addressed in Council’s Comprehensive Koala Plan of Management (CKPoM). Much land under investigation is characterised by the CKPoM as being koala habitat or is unknown to be Koala habitat (and is therefore assumed to have potential as Koala habitat) subject to field work being undertaken.With the exception of a few small pockets much of this land is of class 2b or a lower class of koala habitat as defined by the CKPoM. This land need not be excluded from the rural resi-dential land analysis on the basis of having potential as Koala habitat. Further work is required before land is assessed as being suitable for habitat conservation or rezoning for rural residen-tial development. The koala plan allows for and sets out detailed methodology for this work, as part of either the rezoning or development assessment process.Collombatti Areas adjoining existing 1 (c) Rural – Small Holdings and 1 (g) Rural – Small Agricultural Enter-prises-zoned land off Collombatti Road, Spooners Avenue and Kemps Access should be exam-ined, as they are relatively free of constraints, when compared to land already zoned for rural residential development. However there are large tracts of forest that is or could be koala habitat. There is scope to consider decreasing the minimum lot size in the areas currently zoned 1 (g), which have a minimum lot size of either 4 ha or 8 ha. Investigation areas have been identi-fied further north of these zones. Although they are relatively distant from Kempsey, they are still within the range of distances and travel times surveyed, as discussed above.Closer to Frederickton in the southern part of this district there is scope to consider increased density, provided koala habitat is managed and protected adequately. Land north and south of the 1 (c) zone off Collombatti Road (Map 6 Appendix 1) and one street-block north of Great North Road, west of Yarrabandinni Road will be examined, where land is above the flood plain and not affected by the buffer around the abattoir on Great North Road. West KempseyThe area generally bounded by the Highway, Kemp St and Second Lane (Map 6 Appendix 1) ap-pear unsuited to expansion of the current rural residential zone due to the presence of prime agricultural and flood prone land. The area zoned 1 (d) between First Lane and Fourth Street is preferred for residential development, subject to further evaluation by Council. This land is also identified for urban expansion by the NSW Government’s regional strategy.Aldavilla & YarravelThese districts include land south of Sherwood Road and west of Old Aerodrome Road and the area north of the Armidale-Kempsey Road, east of the Steuart McIntyre Dam and the Yarravel Nature Reserve (Map 7 Appendix 1).The presence of the Aerodrome and the Mid-North Coast Correctional Centre limit capacity to accommodate additional rural residential development. The workshop held to identify and discuss issues for the review mentioned scope for the airport to accommodate regular, large-scale, commercial air services. An increased number of small holdings may compromise the airport’s ability to accommodate commercial aircraft, noting the runway is capable of accommodating large jet aircraft.Land north of Sherwood Road is constrained by the need to minimise further development ad-jacent to Fattorini Creek, as the Steuart McIntyre Dam is situated upstream of this locality and existing contingencies relating to potential dam-burst must be considered.The sawmill on the Armidale Road is protected by a buffer which may affect the capability of adjoining land for small acreages.However, areas north and south of the Armidale Road are worth considering further.

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Euroka & DondingalongLand north of the 1 (c) zone in Euroka is prime agricultural land (Map 7 Appendix 1). The area south-west zoned 1 (a1), appears suited to further examination, although it is largely forested, which may pose constraints to development (bush fire and ecological value).While Euroka is relatively free of known and possible koala habitat, much of Dondingalong is forested and has large tracts of forest identified by the CKPoM as Class 2b koala habitat.Yessabah and Wittirin to the west of Dondingalong were included, although they are more than 15 km from town. These areas share a watershed and a reasonable degree of accessibility with western parts of the Dondingalong district around Yessabah and Battles Outlet.Verges CreekFlood free land adjacent the 1 (c) zone should be considered further (Map 8 Appendix 1); how-ever much of what land remains flood-free is koala habitat of varying quality.Expansion to the west could be constrained by flooding and the Kempsey Bypass, due to noise and traffic impacts.South KempseyLand on the edge of the current 1 (c) zone off Crescent Head Road is potentially constrained by native bushland. (Map 8 Appendix 1). Planning for bushfire prone areas can accommodate rural residential subdivision and housing. Rural Fire Service Guidelines will be observed.Some land in this area is identified as Class 1 koala habitat and much land is identified as lower quality or possible koala habitat; although much of the Class 1 Koala habitat is already zoned and subdivided into small acreages of 1 hectare or greater. Other land is required to buffer an existing landfill. Some of the locality is however worthy of further investigation, up to the border of the Verges Creek area.Land to the east and west of the 1 (g) zone should also be examined, to determine the effect of these constraints on the land’s development potential. Western expansion will also be exam-ined, up to the railway line, noting there are extensive areas of potential habitat for this spe-cies.Crescent HeadLand adjacent to 1 (c) and 1 (g) zoned land near Crescent Head (Map 9 Appendix 1) is poten-tially constrained by native bushland, wetland and associated environmental conditions. These areas will be evaluated to determine if they are able to sustain further rural residential develop-ment.Mapping of koala habitat (Classes 1 & 2a) in the area indicate high quality habitat exists both in areas that are developed for rural residential purposes and large tracts zoned for scenic protec-tion or rural use.KundabungLand east and west of the Highway is a mosaic of cleared and vegetated land (Map 10 Appendix 1). Land west of Old Coast Road appears heavily vegetated, apart from a few cleared pockets. Ballengarra State Forest flanks the district to the south west.A combination of koala habitat classes (2a to unknown) is mapped in Kundabung.Land around Kundabung and off Wharf Road is to be investigated with an area south of Kund-abung, at Mingaletta.Yarrahapinni & BarranganyattiThese localities (Maps 11 & 12 Appendix 1) are accessible to services in Stuarts Point (Stuarts Point has a small convenience retail outlet, a club and a primary school). Higher-order services are available in Macksville about 25km to the north, while Kempsey is around 35km south-wards.

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These two areas are partly flood prone and contain extensive prime agricultural land, in the foothills below Yarriabini National Park and the Way Way State Forest (in Yarrahapinni). Land south of Stuarts Point Road is relatively less constrained.These localities are identified as habitat of varying quality for koalas and the CKPoM recom-mends detailed study to better-define habitat areas.

5. Policy and Strategy Review5.1 Kempsey Shire Council’s Delivery Program 2012 - 2016Consistent with NSW Government guidelines, the delivery program sets out Council’s and the community’s vision and goals for the Shire, amongst other things. The operational plan is pre-pared annually, to achieve or contribute to the outcomes set out by the delivery program.Of relevance to the review of Council’s rural residential land release strategy are Council’s vision and the program’s first goal, to achieve and maintain a sustainable environment.

5.2 Kempsey Comprehensive Koala Plan of ManagementCompleted by Biolink Ecological consultants and Kempsey Shire Council in 2011, this plan focus-es on protecting koala habitat in (roughly) the eastern half of the Shire. The plan was approved by the NSW Director-General of Planning in March 2011, as being consistent with state planning policy for protection of koala habitat (SEPP 44).The plan aims to reduce the impact of development on koala habitat, deploying three main tactics:• Protecting koala food trees (identifying “core” (Class 1) and “preferred” (Class 2a & 2b)

koala habitat)• Replacement of these trees (when removal is unavoidable)• Providing habitat compensation (by protecting other land with similar or superior value as

koala habitat, by conservation agreement or reservation)The plan concentrates on areas and activities (including subdivision and other forms of devel-opment) that can have the most influence on koala habitat, noting that forestry and agricultural activities are by and large exempt from (Council’s) land use regulation, or are controlled by other legislation. Procedures are established for when removal of native vegetation is required; and either rezoning or development approval is required to enable proposed development.The plan identifies land that supports koala habitat, as well as “other” land. “Other” land con-stitutes unstudied areas where koala feed trees (habitat) are yet to be identified; or land which might support koala habitat. A methodology is set out by the plan for identifying if the land is koala habitat. For the purposes of this investigation, the following principles are observed:• “Core” or “primary preferred koala habitat” is generally unsuited to rural residential de-

velopment and will be investigated no further, unless development is considered, or has potential to, preserve or enhance the koala habitat as a result of being developed

• “Secondary” habitat raises a ‘flag’. Removal of this vegetation is to be avoided in the design of subdivisions, infrastructure and building siting. Planning is to include detailed study to manage and protect koala habitat (and possibly other species)

• When land is ‘unknown’ to be (or has potential as) koala habitat, then rezoning should not occur before studies are undertaken according to the plan of management’s methodology

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A development control plan would probably be the best planning tool with which to apply the koala plan of management. A development control plan would also be suited to implementing conservation measures for other species.Once the (adopted) Rural Residential Land Release Strategy identifies land suitable for develop-ment, then further field work would be expected as part of rezoning and development assess-ment processes in accordance with the Comprehensive Koala Plan of Management.

6. Planning ContextPreambleA number of planning controls apply to rural residential development. The principal plan is the Kempsey Local Environmental Plan 1987 (LEP). Council has exhibited a new LEP to replace this one. The current LEP is supported by a number of development control plans (DCPs) that guide de-velopment in specific existing small acreage zones (1 (c) and 1(g) of the LEP) while other DCPs address specific issues such as on-site sewage management.A Commonwealth Act and a number of NSW Acts control conservation and use of land. State legislation of most pertinence to planning small rural holdings is the Environmental Planning & Assessment Act 1979 (EPA Act) NSW Rural Fires Act 1997. The Commonwealth statute of relevance to this review is the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act).The existing and draft LEPs, relevant DCPs, SEPP 44 and the Rural Fires Act are addressed below, in terms of their implementation via Council’s assessment of subdivisions applications.

6.1 Commonwealth Environmental Protection and Biodiversity Conservation Act 1999The listing of the koala as ‘vulnerable’ by this legislation in 2012 means the animals and their habitats are protected. According to a fact sheet published by the Commonwealth Department of Sustainability, Environment, Water, Population and Communities, approval of the Minister will only be necessary when a “proposal is likely to significantly impact on a protected Koala population.” It is most unlikely that a development of rural residential land in Kempsey Shire will need such an approval as it is the intention of the strategy to avoid development of land which supports breeding populations of koalas and to protect and enhance connectivity of koala habitat. Guidelines however are already available from the Department, regarding ‘significant impact’ on a vulnerable species – “EPBC Act Policy Statement 1.1 Significant Impact Guidelines – Mat-ters of National Environmental Significance”. These will supplement the Koala-specific guide-lines, when they are produced. No timeframe for the issue of koala-specific guidelines was provided.

6.2 NSW Rural Fires Act 1997This legislation aims to minimise the risk to life and property from bush fire. This is mainly achieved via the assessment of development applications, where development in proposed in areas mapped as having a bush fire hazard.Kempsey’s non-urban areas are prone to bush fire hazard and the degree of hazard is identified (along with the rest of NSW) by mapping of vegetation and a buffer to protect development from the vegetation that is the source of the hazard.

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For strategic planning, there are guidelines published to assist attaining the Act’s aim, published by the Rural Fire Service of NSW. These guidelines are observed in this review; bush fire is con-sidered in part 10 of this report.

6.3 State Environmental Planning Policy No. 44 – Koala Habitat ProtectionThis policy (SEPP) was introduced in 1995 and applies to a number of local government areas in NSW, including Kempsey Shire. The policy aims to:• Encourage conservation and management of koala habitat and “…ensure a permanent free-

living population over their present range and reverse the current trend of koala population decline”

• Require plans of management for areas of “core koala habitat”• Encourage “core koala habitat” identification• Encourage environmental protection zoning of “core koala habitat”The policy requires identification of habitat, which is defined as:

core koala habitat means an area of land with a resident population of koalas, evidenced by attributes such as breeding females (that is, females with young) and recent sightings of and historical records of a population.potential koala habitat means areas of native vegetation where the trees of the types listed in Schedule 2 constitute at least 15% of the total number of trees in the upper or lower strata of the tree component.

When considering a development application for land that has either potential or core koala habitat, Councils must consider guidelines for preparing plans of management for areas of iden-tified habitat.Kempsey Shire’s Comprehensive Koala Plan of Management discussed above has been devel-oped and approved as a plan of management under the SEPP, stating that:

This document is a Comprehensive Koala Plan of Management for the eastern portion of the Kempsey Local Government Area, prepared under the auspices of SEPP 44. Although the adoption of this plan replaces the requirement for preparation of an individual KPoM in relation to development in areas of core koala habitat, individual KPoMs may still be pursued by the applicant if they so choose.

The advantage of Council adopting the plan of management, for this review and more-so sub-sequent stages of the planning process (rezoning and development applications), lies in imple-menting its habitat protection measures during these planning stages. This effectively means the SEPP’s requirements will have been satisfied.

6.4 Kempsey LEP 1987Only those provisions of the LEP relevant to rural residential land are reviewed. Relevant LEP provisions are attached in Appendix 2.Clause 3 - Aims of planThe LEP aims to protect and enhance Kempsey Shire’s social, cultural and environmental char-acteristics, including its rural and urban areas. Of particular note is the objective to protect land for rural residential development. Further rural residential land release would require rezoning by amending the LEP. Rezoning would generally be expected to assist in meeting these aims.Clause 9 - Development control tableThis table sets out the land use and development types that are permitted (with or without Council’s approval) and prohibited in each zone, into which the Shire is divided. Two zones set

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aside land for rural residential subdivision, the 1 (c) (Rural (Small Holdings “C” Zone) and the1 (g) Rural (Small Agricultural Enterprises) “G” Zone). The provisions of these are presented in Appendix 2.The objectives of the 1(c) rural small holdings zone allow for small lot rural residential develop-ment compatible with more intensive agriculture; also allowing a range of community-based activities and limited forms of tourist accommodation. The objectives of the 1(g) Rural Small Agricultural Enterprises zone allow for rural residential development on larger allotments (no smaller than 8 ha) which are compatible with more in-tensive agriculture. Field investigations indicate areas zoned 1 (g) have, by and large, not been developed for these purposes. They have grown to be more rural residential in character, in contrast to being areas of ‘rural enterprise’ as envisaged when the 1 (g) zone was introduced. The 1(g) zone itself should be reviewed and could ultimately be replaced by a zone that is more in keeping with today’s community expectations regarding the character of small acreage loca-tions, their environmental qualities; while enabling a mix of more compatible land uses.Other relevant LEP provisionsClause 13 Subdivision—connection of water supplyThis clause does not permit subdivision of land in these zones unless reticulated water is avail-able or capable of being made available. NOTE: Council has allowed the use of SEPP 1 to vary this provision and it will be deleted in the Standard LEP 2012.Clause 16 Subdivision—minimum lot sizesCurrently, the minimum lot size for the 1(c) zone is 1 hectare; and 8 ha in the 1(g) zone, noting that lot sizes less than 8 ha are allowed, provided smaller lots do not accommodate additional dwellings.The lot sizes are reviewed in part 10 of this report having regard to these main criteria:• Environmental conditions• Access and impact on the local road network• Scenic and landscape amenity• The ability to manage waste water (including sewage)• Minimising the risk of acid sulfate soil exposure and bush fire• Market preferences in various locations across the ShireClause 17 Dwelling-houses—minimum allotment sizesGenerally speaking, only one dwelling is permitted on an allotment in the two zones outlined, although dual occupancy of a single residential building is also permitted.Clause 18 Setback in Zones Nos 1 (a1), 1 (a3), 1 (c), 1 (g) and 2 (v)This clause sets out various minimum distances between certain land uses and local and main roads.In the 1(c) or 1(g) zones buildings must not be any closer than 18 metres to a main or arterial road. The site must also be able to satisfactorily site the building and not create a traffic hazard or ribbon development along a main or arterial road.Clause 56 Development on land containing potential acid sulfate soilsCouncil consent is generally required for development in or on acid sulfate soils. Acid Sulfate Soils Assessment and Management Guidelines are to be consulted, to minimise the actual or potential impact to the environment arising from disturbance of the soils.Council also has a DCP with more detailed guidance for development where acid sulfate soils are known to exist or where they are suspected of existing.

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Clause 58 Dwelling-houses and additions to dwelling-housesCouncil approval is required for dwelling houses in the 1(c) and 1(g) zones.

6.5 Kempsey Draft LEP 2012Only those provisions of the LEP relevant to rural residential land are reviewed. Relevant LEP provisions are attached in Appendix 2.Cause 1.2 Aims of Plan 1. This plan aims to make local environmental planning provisions for land in Kempsey in ac-

cordance with the relevant standard environmental planning instrument under section 33A of the Act.

2. The particular aims of this plan are as follows:a. to promote and co-ordinate the orderly and economic use and development of land,

and to minimise conflict between adjacent land uses,b. to provide for development within the local government area in an ecologically sustain-

able manner,c. to protect the agricultural activities of the area and to promote the agricultural potential

of the local government area of Kempsey,d. to provide opportunities for a range of housing types to accommodate the needs of the

communitye. to protect and enhance areas of environmental and/ or cultural value,f. to ensure that development does not detract from Kempsey’s high landscape or scenic

values andg. to conserve and enhance the built and cultural heritage of the local government area of

Kempsey.Clause 2.1 Land use zones under this Plan are as follows:• Rural Zones

- RU4 Primary Production Small Lots• Residential Zones

- R5 Large lot ResidentialClause 2.6 Subdivision-consent requirementsLand to which this Plan applies may be subdivided, but only with development consent.1. If a subdivision is specified as exempt development in an applicable environmental plan-

ning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Com-plying Development Codes) 2008, the Act enables it to be carried out without development consent.

2. Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

Land Use TablesZone RU4 Primary Production Small Lots1. Objectives of zone

• to enable sustainable primary industry and other compatible land uses.• To encourage and promote diversity and employment opportunities in relation to pri-

mary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.

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• To minimise conflict between land uses within this zone and land uses within adjoining zones.

• To ensure that the nature, scale and operation of any development is compatible with the amenity of the locality.

Zone R5 Large Lot Residential1. Objectives of zone

• To provide residential housing in a rural setting while preserving, and minimising • To ensure that large residential lots do not hinder the proper and orderly development

of urban areas in the future.• To ensure that development in the area does not unreasonably increase the demand for

public services or public facilities.• To minimise conflict between land uses within this zone and land uses within adjoining

zones.Part 4 Principal development standardsClause 4.1 Minimum subdivision lot size 1. The objectives of this clause are as follows:

a. To prevent the fragmentation of rural landb. To promote the efficient use of residential land.c. To maintain viable farm sizes to promote continuing agricultural production.d. To ensure that lot sizes have a practical and efficient layout to meet intended use.

2. This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this plan.

3. The size of any lot resulting from a subdivision of land to which this clause applies is not to be led than minimum size shown on the Lot Size Map in relation to that land.

4. This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.

Clause 4.1AA Minimum subdivision lot size for community title schemes (optional if clause 4.1 is adopted)1. The objectives of this clause are as follows:

a. To ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

2. This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones:a. Zone RUR Rural Small Holdings and b. Zone R5 Large Lot Residential.

3. The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning if the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

Clause 4.1B Minimum subdivision lot sizes for certain split zones1. The objectives of this clause are as follows:

a. To provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,

b. To ensure that the subdivision occurs in a manner that promotes suitable land use and development.

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2. This clause applies to each lot (an original lot) that contains:a. Land in a residential, business or industrial zone andb. Land in RU4 Primary Production Small Lots,

3. Despite clause 4.1, development consent may be granted to subdivide an original lot to cre-ate other lots (the resulting lots) if:a. One of the resulting lots will contain:

i. Land in a residential, business or industrial zone that has an area that is not less than the minimum lot size shown on the Lot Size Map in relation to that land, and

ii. All the land in Zone RU4 Primary Production Small Lots and,b. All other resulting lots will contain land that has an area that is not less than the mini-

mum size shown on the Lot Size Map in relation to that land.Clause 4.1C Minimum subdivision lot size for strata plan schemes in certain rural, residential and environment zones (local).1. The objective of this clause is to ensure that land to which this clause applies is not frag-

mented by subdivisions that would create additional dwelling entitlements2. This clause applies to land in the following zones that is used, or is proposed to be used, for

residential accommodation or tourist and visitor accommodation:a. RU4 Rural Small Holdings.

3. The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold development) Act 1973 or Strata Schemes (Leasehold Devel-opment) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

Local provisionsClause 7.1 Acid Sulphate soils7.1 Acid sulfate soils [local]1. The objective of this clause is to ensure that development does not disturb, expose or drain

acid sulfate soils and cause environmental damage.2. Development consent is required for carrying out of works described in the Table to this

subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.

Class of Land Works1 Any works

2Works below the natural ground surface.Works by which the watertable is likely to be lowered.

3Works by more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.

4Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.

5

Works within 500 metres of adjacent Clase 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.

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3. Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent au-thority.

4. Despite subclause (2), development consent is not required under this clause for the carry-ing out of works if: a. a preliminary assessment of the proposed works prepared in accordance with the Acid

Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and

b. the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.

5. Despite subclause (2), development consent is not required under this clause for the carry-ing out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power): a. emergency work, being the repair or replacement of the works of the public authority

required to be carried out urgently because the workshave been damaged, have ceased to function or pose a risk to the environment or to public health and safety,

b. routine maintenance work, being the periodic inspection, cleaning, repair or replace-ment of the works of the public authority (other than work that involves the distur-bance of more than 1 tonne of soil),

c. minor work, being work that costs less than $20,000 (other than drainage work). 6. Despite subclause (2), development consent is not required under this clause to carry out

any works if: a. the works involve the disturbance of less than 1 tonne of soil, and b. the works are not likely to lower the watertable.

7. Despite subclause (2), development consent is not required under this clause for the carry-ing out of works for the purpose of agriculture if: a. a production area entitlement is in force in respect of the land when the works are car-

ried out, and b. the works are carried out in accordance with a drainage management plan, and c. the works are not carried out in respect of a major drain identified on the Acid Sulfate

Soils Map, and d. the works are not carried out on land in Zone E2 Environmental Conservation or on land

to which State Environmental Planning Policy No 14—Coastal Wetlands applies. 8. In this clause:

drainage management plan means an irrigation and drainage management plan that: a. is prepared in accordance with the NSW Sugar Industry Best Practice Guidelines for Acid

Sulfate Soils (2005), and b. is endorsed by the Sugar Milling Co-operative as being appropriate for the land.

NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) means the guide-lines approved by the Director-General of the Department of Infrastructure, Planning and Natural Resources on 25 May 2005. production area entitlement means a contractual arrangement between the Sugar Milling Co-operative and a grower member of that cooperative for the production of sugar cane for milling. Sugar Milling Co-operative means the New South Wales Sugar Milling Co-operative Limited or its successor.

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Note. The NSW Sugar Industry Best Practice Guidelines for Acid Sulfate Soils (2005) is avail-able on the Department of Planning and Infrastructure’s website. Acid Sulfate Soils Map means the Kempsey Local Environmental Plan 2012 Acid Sulfate Soils Map.

7.3 Flood planning [local]1. The objectives of this clause are as follows:

a. reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone property to enable safe occupation of flood prone land,

b. reduce public and private losses resulting from floods utilising ecologically positive methods

c. to avoid significant adverse impacts on flood behaviour and avoid significant impacts upon the floodplain environment.

2. This clause applies to land at or below the flood planning level.3. Development consent must not be granted for development on land to which this clause

applies unless the consent authority is satisfied that the development:a. is compatible with the flood hazard of the land, andb. is not likely to significantly adversely affect flood behaviour, including having regard

to cumulative effects of similar development, resulting in detrimental increases in the potential flood affectation of other development or properties, and

c. incorporates appropriate measures to manage risk associated with development of floodprone land, and

d. is not likely to significantly adversely affect the environment or cause erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or water-courses, and

e. is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding, and

f. is not likely to affect existing floodways, such that it would cause a significant redistribu-tion of flood flow or significant increase in flood levels and is compatible with the flood hazard in the floodway, and

g. will enable safe occupation and evacuation of the land. 4. A word or expression used in this clause has the same meaning as it has in the Floodplain

Development Manual (ISBN 0 7347 5476 0), published by the NSW Government in April 2005, unless it is otherwise defined in this clause.

5. In this clause: flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.

7.4 Koala habitat [Local] 1. The objective of this clause is to effectively manage Koala habitat, including: a. Minimising the potential for adverse impact within current and future areas of core koala

habitat; b. Ensuring that preferred koala food trees are effectively managed and conserved across all

land where possible. 2. This clause applies to land shown on the Koala Habitat Map. 3. Development consent must not be granted for development on land to which this clause

applies unless the consent authority is satisfied that the development is consistent with the relevant provisions of the Comprehensive Koala Plan of Management for Eastern Portion of Kempsey Shire LGA Volume I – The CKPoM (Working Provisions) April 2011

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Clause 7.8 Essential Services1. Development consent must not be granted for development unless the consent authority is

satisfied that any of the following services that are essential for the development are avail-able to adequate and appropriate levels or that adequate arrangements have been made to make them available when required: a. the supply of water, b. the supply of electricity, c. the disposal and management of sewage, d. stormwater drainage or on-site conservation, e. suitable road access.

6.6 Development Control Plans OverviewKempsey’s DCPs can be divided into three groups, in that they either deal with locality-specific planning and design issues, they address specific issues that require consideration across an entire local government area, or they address planning for specific kinds of development (bed and breakfasts)

6.6.1 Location specific DCPsThere are a number of DCPs that relate to areas zoned for rural residential development:• DCP 1 Crescent Head Road (South Kempsey)• DCP 2 Arakoon (South West Rocks)• DCP 3 River Meadows (Mary’s Bay, Gowing Hill and Pipers Creek Roads, Euroka) • CP 4 Aldavilla• DCP 6 Old Station Road & Verges Swamp Road (Verges Creek)• DCP 16 John Lane Road West Kempsey (Yarravel)• DCP 17 Kemps Access (Collombatti)• DCP 18 Kundabung, west of Pacific Highway• DCP 19 Crescent Head Road, near Beranghi Road (Crescent Head) • DCP 20 Wortley Drive, off Beranghi Road (Crescent Head)• DCP 21 Dulconghi Heights (Crescent Head)Council plans to repeal most of these DCPs with the adoption of a comprehensive, Shire-wide DCP; while retaining locality-specific provisions as an interim measure pending the preparation of detailed DCPs should they be required.This series of DCPs sets out guidelines for subdivision and erection of dwellings and other im-provements on newly created allotments, on land zoned either 1 (c) or 1 (g).They have a number of common features although they do vary depending on specific condi-tions in some localities. Examples of these include:• Cultural heritage (Aboriginal and non-aboriginal)• Bush fire• Reticulated water supply (and head-works charges)• On-site waste water (including sewage disposal)• Habitat(requiring flora and fauna impact assessment in more heavily vegetated areas) and

riparian protection (buffers to creeks and rivers)

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• Acid sulfate soils• Scenic amenity• Provision for new (or upgraded) roads• Section 94 contributions – toward roadworks• Provision of telecommunications and electricity• Relationships with adjoining land (e.g. wetlands, National Parks)• Subdivision design• Certain permissible uses (e.g. dual occupancy in the 1 (c) zone• House siting, allotment shape (depth to frontage ratio)• Electricity transmission easements• Agricultural capability of the land • Underground servicing• Buffers from polluting or nuisance generating sourcesSeveral DCPs noted topical benefits and limitations of and for rural residential development in certain locations:• Low density allowing tree cover to be retained• Proximity to towns and villages, providing access to services• Ease of servicing with phone and electricity (due to extant services)• Access to recreational resources• Soils and geology making waste water management difficult

6.6.2 DCPs addressing specific issuesDCP 12 – Conflicting Land Use BuffersThe aim of this DCP is to minimise potential loss of amenity to residents of dwellings proposed with proximity to activities which may pollute or cause disturbance and nuisance. Examples cited include quarries, abattoirs, sawmills and sewage treatment works.The key means of achieving this aim is to identify existing activities and establish ‘buffers’ within which development sensitive (i.e. mainly dwellings) to any of the ‘buffered’ activities must have regard to them. Criteria are also established, allowing consideration of adding to the list of protected (buffered) land-uses.A number of sites are ‘protected’ by this DCP, which are considered in section 10:1. Frederickton Abattoir Great North Road, east of Frederickton Quarry Road –variable buffer2. Kempsey Timbers Sawmill, Armidale Road, west of Crottys Lane – variable buffer3. Central Garbage Depot Crescent Head Road, west of Seale Road – 750m Avoiding conflict with uses identified in the DCP or any existing uses likely to cause conflict with residential development will be a consideration of this strategy.

DCP 30 - Acid Sulfate SoilsThe DCP’s main objectives are to identify areas where acid sulfate soils are or may be present and to set out procedures for managing risks associated with this soil type. Briefly, risks involve their exposure to air causing chemical reactions creating toxic acids and their release into the environment, especially posing a threat to marine life. The DCP complements clause 56 of the LEP, which requires consent for developing land with an acid sulfate soil risk.

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The new LEP Council is preparing will have controls for development of land with these soils.Acid sulfate soils in the investigation areas are identified where class 1 – 3 soils are present; this being a relevant matter for consideration. Class 1 – 3 acid sulfate soils are those most likely to cause environmental damage when exposed to the air.

DCP 32 – On-site Sewage Management StrategyThis plan was produced to coincide with publication of new government guidelines for on-site sewage management in 1998. The DCP refers to the NSW Department of Local Government’s Environment and Health Protection Guidelines: On-site Management for Single Households; and set out requirements for Council’s approval of new systems. The DCP addresses various forms of on-site sewage management including pump-out systems, aerated waste water treatment systems, and composting toilets. Reference is also made to Aus-tralian Standard 1547 – Disposal Systems for Effluent from Domestic Premises.Issues that may be encountered in the design of these systems are highlighted, which mainly depend upon soil conditions, the potential for ground and surface water contamination, vegeta-tion and soil degradation; and risks to public health. Performance-based guidelines for system design are included.The government guidelines also encourage Councils to establish and maintain a data base of where and what types of systems are installed and establishes criteria for monitoring system performance. The DCP sets out inspection fees and forms for site audits, as part of a monitoring program.

DCP 36 – Engineering Guidelines for subdivision and DevelopmentThe main purpose of this plan is to provide guidelines for all civil works in the Shire, including the design and construction of rural residential subdivisions. Key provisions of the DCP relevant to the subdivisions in current 1 (c) and 1 (g) zones are:• Compliance with AS 1547-2000 for on-site waste water disposal (cl 3.2), except where

sewer is nearby and when the land is unsuitable for on-site disposal (cl 4.2)• At least 1,000m2 site area being above the 1 in 100 year flood level (cl 3.2)• Provision of articulated water (except Arakoon) (cl 3.2)• Specifies minimum standards for road construction and vehicular access (cl 4.2), referring to

a design specification (another document)• Connection to electricity and phone services (cl 4.2)• Building sites with a slope greater than 15% and other conditions (e.g. poorly structured

soils) may require a geotechnical investigation (cl 4.7)• Sealed roads and appropriate drainage (cl 5.1)

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7. Demographic AnalysisKempsey’s population is expected to increase over the next 25 years by up to 8.1%, with an average annual increase of 0.71%, according to the Mid-North Coast Regional Strategy. The key driver of population growth is in-migration, to be accommodated mainly in urban growth areas near Kempsey and South West Rocks; noting three-quarters of growth is expected to go into existing urban areas and urban release areas. The remaining quarter of forecast population growth is expected to be accommodated in rural areas. A large proportion of this is expected to create demand for rural residential land and housing well into the future. Population movements within the Shire have been analysed, to ascertain growth trends in rural residential areas under investigation. This analysis was somewhat limited due to the Australian Bureau of Statistics altering census district boundaries and the method of collating and present-ing the data for the censuses of 2001, 2006 and 2011.Between 2001 and 2006, the population of the Shire’s rural residential areas rose by 2,266 per-sons, with the majority of population growth occurring in Crescent Head, Frederickton, Aldavilla and South Kempsey. Being the current small acreage areas with good access to services and of-fering proximity to the coast or having high rural amenity, these localities are likely to continue to sustain stronger demand than other investigation areas for the foreseeable future.In the same period, the Shire’s population grew from 27,374 to 28,474, an increase of 1,100 people. Noting the data limitations above, the disparity between this figure and the growth of the rural residential population could be attributed to movement within the Shire. Crescent Head (including its semi-rural/bushland hinterland) experienced population growth in the ’01-’06 intercensal period. Crescent Head provides a seaside village lifestyle, local schools and shops. The area appeals to both families and retirees.Frederickton’s (including its rural residential area) population also grew during this period, perhaps with the opening of the nursing home. Growth may have been otherwise constrained by a limited supply of land and housing. This may have been the case in Crescent Head as well. A number of small acreages in Frederickton accommodated small agricultural ventures possibly providing jobs in the area. Frederickton also has a high number of people over 65 when com-pared to the rest of the Shire, attributable to the nursing home.Aldavilla experienced the strongest population growth of all the areas under investigation, probably due to recent subdivisions in the area such as the Springfields Estate. Aldavilla’s popu-lation mainly consists of families with children and retirees. Remaining investigation areas did not experience any notable population shifts.In summary the Census data indicates population growth was possibly strongest in non-residen-tial areas close to Kempsey, noting that the data was insubstantial and lacked integrity (for the purposes of this review). Otherwise, growth may have been driven by:• People moving into the Shire from elsewhere with evidence, albeit weak, that people may

be also moving from urban to rural parts of the Shire. Anecdotally this was supported by views expressed at the review workshop

• People tending to move into areas where housing and land is affordable and most avail-able. Some workshop participants stated purchase of small acreage is seen as an affordable trade-off between the amenity and lower purchase price of a rural residential property, with the higher cost of purchasing in an urban area, albeit with better access to services

• Families and retirees are the house-holds most attracted to small acreages and hobby farmsCouncil’s latest Population Projections Report for the period 2006 – 2036, concludes 75% of total housing demand will be for urban housing and the remaining 25% of demand will be for rural dwellings. This report concludes an extra 697 to 975 rural dwellings will be required over the next 25 years. It is therefore reasonable to assume that the strategy for rural residential land should plan for the higher end of the demand range.

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These trends tend to lend credence to the views of local property specialists, whose views are discussed next.

8. Market AnalysisOverviewTo gain a more qualitative understanding than allowed by demographic analysis alone, the re-view has collected local market intelligence with the aim of discovering prospective purchasers’ preferences for the location and form of rural residential land and housing in the Shire.Below is a discussion of the results of interviews of agents in the Shire and Port Macquarie, undertaken in late 2011. A copy of the questions asked by phone in the survey is at Appendix 3. The survey focused on obtaining the agents’ opinions on the market, rather than empirical data, to gain an understanding of current market preferences to further understanding on cur-rent and possible future demand trends.

Key Findings• There is considered to be a shortage of rural residential land in the Shire• There appears to be latent demand for rural residential land in coastal areas• Demand is strongest in localities close to Kempsey, possibly due to current supply in these

areas• The preferred lot size is generally in the range of 1ha to 4ha, with larger lots preferred in

more heavily vegetated locations• The research indicated latent demand in some areas presently without a rural residential

supply

Strongest Demand for Rural Residential LandThe highest demand is in the following localities:• Crescent Head• Euroka• South Kempsey• Frederickton• Arakoon• Yarravel• Aldavilla• Dondingalong• Yarrahapinni & Stuarts Point• West Kempsey• Barranganyatti• KundabungThis list suggests a rough order of highest demand, noting that agents operate in specific areas. Their comments were therefore generally limited to the areas in which they operate. As a first pass, proximity to Kempsey or Crescent Head is a strong factor in demand, although this could reflect the (relative) majority of agents surveyed being located in Kempsey.

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Based on interviews with agents, there is latent demand in coastal areas, and demand is high amongst hobby-farmers and tree-changers in areas such as Euroka as they have better-quality soils.Several agents identified areas that could be included in the study, due to enquiries for pur-chase and scarce or non-existent supply in these localities:• Stuart’s Point• Eungai Rail (noting this locality is not in Kempsey Shire)• South Kempsey (while noting there is already a rural residential supply there)• Yarrahapinni• BarranganyattiDemand and supply analysis should include these areas (except Eungai Rail), should the sustain-ability evaluation (section 10) indicate development potential.

Sales of Rural Residential LandOver the last 5 years, demand for rural residential land within the Kempsey Shire has exceeded supply in the view of all agents interviewed. However average sales (per agent) have only been around 5 per year. This could reflect limited supplies although it’s more likely due to contracting demand stemming from financing difficulties. Some agents foresee an increase in sales, upon more rural residential land being made available.

Popular Lot SizesTaking rural residential land sales and enquiries into account, the most popular lot size sought is 1ha and 2-4ha depending upon location, environmental quality of the land and soils; and there being fewer constraints overall. In other words, it was generally thought more highly constrained land should be subdivided into larger allotments, or there is little or no demand for land that is highly constrained.Many agents commented that smaller lot sizes (1ha or less) are sought by retirees looking for a ‘tree change’ and families looking for space. The point was made that people do not seek lots larger than 8ha, as financial institutions are less likely to lend for the purchase of larger prop-erties, unless financing the purchase of an agriculturally productive property. Agents advised financial institutions deem parcels over 20 acres (8 ha) as being agriculturally productive.

Preferred Locations and Lot SizesThe opinions of agents regarding preferred locations and lots sizes varied. Many agents ex-pressed the view that people can only buy what is available, at the right price. This is axiomatic.A number of agents suggested areas where the supply of rural residential land should be ex-panded and the best lot sizes for these localities, from a market perspective. These areas and lots sizes are as follows:• Euroka – 1ha or less and 2-4ha • Crescent Head & South Kempsey – 1ha (or less) up to 8ha where possible (a broad range)• Barranganyatti & Yarrahapinni & Stuarts Point – 4,000m² to 8-10ha where possible (again a

broad range)• Kundabung – 1ha• Arakoon - 1ha • Aldavilla – 1ha to 4ha• Yarravel – 1ha to 4ha• Frederickton – 1ha to 4ha

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• Collombatti – 4ha to 8ha• Dondingalong – 1ha to 4haAt the risk of generalising, it would appear that the preferred lot size range is 1ha to 4ha across the Shire. However, some interviewed agents and people who attended the review workshop, expressed a view that smaller lots generally closer to town would also be in in demand. The range of lot sizes discussed were between 2,500m2 and 1 ha.While not necessarily correlating with the foregoing comments on lot sizes, general comments were made by agents that more heavily vegetated land should be subdivided into larger lots. Lots anywhere between 4ha and 8 ha and are preferred, Collombatti being mentioned by a number of workshop participants.

Rural Residential Land EnquiriesOver the last 5 years, many agents have seen fluctuating enquiries and purchases of rural resi-dential land in the Shire. Buyers and buyer trends have dramatically altered over the last few years, a key factor being financial pressure and increased difficulty in obtaining finance from lending institutions. These factors have resulted in a slow sales market, also indicated by re-duced asking prices in some locations, we observed.

Origins of EnquiriesMost enquirers and purchasers have come from Sydney, the Central Coast and the Hunter Val-ley, and from interstate, with Western Australia, Victoria, Queensland and Tasmania mentioned. Enquiries have also come from overseas including countries such as France, Sweden and China, with people looking for small acreages in both coastal and hinterland areas. Many commented that this interest comes from a perception that the district is an easy day’s drive from Sydney.In contrast, very few enquiries for rural residential land come from the Kempsey, Port Macquar-ie and Mid to Far-North Coast regions.

Localities Where Rural Residential Land Should Be IncreasedAgents advised that they would like to see an increase in rural residential land supply in the fol-lowing areas:• Crescent Head & South Kempsey • Euroka • Frederickton • Aldavilla &Yarravel • Arakoon• Barranganyatti & Yarrahapinni • Collombatti • Dondingalong

Rural Residential Market ShareFinally, the majority of agents confirmed that rural residential land would comprise around 25% of the total housing market. However, one agent disagreed, opining that a more accurate num-ber is between 5-10% in the Shire; and a third of the market share for their selling area (Stuarts Point). Another Kempsey-based agent advised, given the present scarcity of rural residential land, a 25% market share is too high; and that the proportion would increase if there was more rural residential land available.

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9. Infrastructure ReviewServicing rural residential land and housing is an important issue to consider in developing the strategy. The provision and timing of infrastructure is a factor in determining overall develop-ment capability, including:• Sealed, two-way, safely aligned and constructed roads• Water collection and storage• On-site waste water management• Waste collection and disposal• Power & telecommunications

Road AccessThe minimum access standard for rural residential land is safe, sealed two-way access roads from the nearest town.In ideal circumstances, access provides more than one route for emergencies such as bush fire and flood. Alternative access routes allow resident and stock evacuation and emergency ser-vice vehicles (e.g. Ambulance and Rural Fire Service) to access an area before or during a fire or flood, in the event that one route may be cut-off. Map 13 (Appendix 1) shows the sealed and unsealed sections of the Shire’s road network in the study area. This map also locates four bridges which have load limits or are flood prone that may compromise levels of access to some areas, especially when considering emergency ac-cess.Arakoon – has sealed access from the north and south along Philip Drive and Arakoon Road, thus meeting key emergency access criteria. Evacuation from bush fires originating in Hat Head National Park is the main hazard from which evacuation could be required.Collombatti – is accessible from east and west, via the sealed Spooners Avenue and meets the access criteria. It is at risk from flood and possibly more-so bush fire for emergency access and evacuation.Frederickton – Land on the western and northern edges of the village have sealed road access to Collombatti and to the Pacific Highway. It is more accessible than some of the other investi-gation areas. Construction of the Kempsey Bypass and the interchange just north of the village will affect the amenity of some land, although it will not impact its accessibility south of the bypass route, to existing and potential rural residential land.Aldavilla & Yarravel – The main access to and from these areas is the Armidale Road. An alter-native route to the south via Sherwood and Gowings Hill Roads is available, although this would be cut off in some floods as the Sherwood Bridge across the Macleay is a low-level structure. In times of fire this could be an important route for emergency vehicles and evacuation, as the main source of bush fire hazard is north and west of these localities, noting that Aldavilla is less fire prone compared to Yarravel.Euroka & Dondingalong – The state forests to the south pose the greatest fire risk, and there are two escape routes; the one described above (Gowings Hill and Sherwood Roads) and Gow-ings Hill Road and Middleton Street through to the Highway at South Kempsey. Flooding is a less critical issue in these areas.West Kempsey – Saleyards Road provides flood-free access to Kempsey; fire is unlikely to be a threat in this location.

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Verges Creek – Roads are largely sealed in this area although it has no flood free access to Kempsey. Both Old Station Road and Verges Creek Road (they connect with Seale Road and then Crescent Head Road) are subject to flooding. Part of this link is also unsealed. Given flooding and bush fire are unlikely to occur simultaneously, these routes could be relied upon in an emergency. The quality of access to Verges Creek is lower compared with other areas.South Kempsey - Crescent Head Road is the primary access to and from this area. It allows ac-cess to Kempsey and Crescent Head. It appears to be subject to flooding at a low-lying bridge across Gills Bridge Creek west of Pattersons Lane. It is the only access to Kempsey in a bush fire. The risk of fire in this area is relatively high given it is well-vegetated and flanked by the Maria National Park and Maria River State Forest to the south. In the event of fire originating from the south, the route via Seale Road, Verges Creek Road and Old Station Road could provide an evacuation route. Alternative refuge could also be provided in Crescent Head, provided Cres-cent Head Road was not cut off between the town and the rural residential areas to the west.Crescent Head – this locality is similarly affected also noting (equally relevant to South Kemp-sey) that Crescent Head Road is flood prone just west of town. Loftus Road could provide an alternative route to the north, should a fire cut off the route to Kempsey. The area could be isolated in all directions in a major flood.Kundabung – the area west and east of the Pacific Highway contains relatively heavily veg-etated areas and is partly flood prone. Flooding data in this area is unreliable or non-existent, so the degree of risk is unknown east of the Highway. Access to the Highway is limited to Smiths Creek Road and Rodeo Drive.Whilst flooding and bushfire protection is likely to reduce lot yields, Kundabung is well situated adjacent to the Highway, 35 kilometres from Port Macquarie and 16.5 kilometres from Kemp-sey and is worthy of investigation.Stuarts Point, Yarrahapinni & Barranganyatti – Stuarts Point is accessible from the north and south-west via Grassy Head and Stuarts Point Roads, both of which are sealed. There is poten-tial for either to be cut off by fire, so having two routes from the area generally south-east of Stuarts Point Road in Yarrahapinni and Barranganyatti is an advantage.

Power and TelecommunicationsConsultation with service providers indicates that services are provided in response to demand. Consideration is given to extending and upgrading services when rezonings and subdivisions are planned. Rezoning and development proponents will need to provide evidence to Council that provision is made for these services.The strategy should provide guidance to service providers, together with other components (especially for residential development) of Council’s growth management strategy.

Water and Sewerage Council’s current policy is to require all new rural residential areas to provide their own water collection and storage, for potable and non-potable use. Some areas do have reticulated water, however on-site sewage management is required. Servicing to each investigation area is sum-marised below.• Arakoon – water and sewer is not supplied to the rural residential area.• Frederickton & Collombatti – has waster supplied as far as Everinghams Lane only. There is

potential to extend water supply in Collombatti, between Spooners Avenue and Frederick-ton.

• Aldavilla & Yarravel - water is supplied.• Euroka & Dondingalong – Waster services are generally limited and there is no plan to ex-

tend the service.• West Kempsey – water is available.

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• Verges Creek – water is reticulated to some of this area and could be extended at the devel-oper’s cost while noting undulating topography requires careful planning and design.

• South Kempsey – potential to extend water and sewer is being investigated and will likely not occur for some 10 – 15 years. If sewer is made available, consideration could be given to rezoning the area for residential purposes as the provision of sewer is unlikely to be viable for rural residential subdivision.

• Crescent Head – Water is available to the Dulconghi Estate on a trickle feed basis which could be extended. Existing rural residential areas further west are too far from services to be provided water. Supply would likely be cost prohibitive and inconsistent with Council’s policy to no longer provide new water supplies in rural areas.

• Stuart’s Point – Water is available in the village and reticulated sewerage is in Council’s 10-year capital works program. It is not available to areas on the outskirts of the village.

• Yarrahapinni & Barranganyatti – Water is supplied to parts of Yarrahapinni. Neither area has sewer available.

On-Site Sewage ManagementIn terms of the strategy, the ability to accommodate on-site waste water management may be a constraint in areas affected by soil conditions which require higher level of treatment of waste water (sewage) or increased areas for treated effluent disposal. These areas and their conditions are described below:• Arakoon – Land west of Arakoon contains sandy soils with a high water table, noting that

much of this area would be sewered as part of plans for urban development in part of this location.

• Stuarts Point – Lower drainage depressions exhibit similar conditions to parts of Arakoon. The majority of the area contains remnant coastal sands which are adequate for most types of on-site systems.

• West Kempsey, Yarravel & Collombatti - Have very shallow soils underlain by heavy clay soils. These conditions generally require larger areas for effluent disposal.

• Crescent Head, South Kempsey, Dondingalong, & Kundabung - Generally have clay-based soils with low permeability and require larger areas for effluent disposal.

Waste Collection and DisposalRural residential areas typically require the same type of waste and recyclable collection ser-vices provided to urban areas. These services are supplied by Council and recyclable collection occurs where there is ‘overwhelming support’ from residents, in locations closer to Kempsey.Access roads being engineered to provide access for trucks collecting domestic waste and recy-clable materials will be an important consideration. Some areas may require sealing of existing roads to enable rural residential development.

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10. Environmental ConditionsReflected in the goals of Council’s Delivery Plan is the community’s desire to preserve and pro-tect the Shire’s environmental qualities; while allowing development and use of land in a man-ner that manages environmental resources and promotes (economic and social) prosperity.A complex array of environmental conditions affects land under investigation. For the purpose of developing a strategy to plan for the Shire’s rural residential growth, the data is sufficient, provided more detailed work is done to support rezoning and development, possibly including the preparation of locality-specific design guidelines.Map 14 (Appendix A) shows composite environmental conditions across the 12 areas under investigation; and illustrates the complexity of and interaction between various environmental factors.

ApproachA three-step process is taken in the environmental analysis.1. Identify the environmental conditions for each investigation area.2. Assess the degree to which environmental conditions could impact rural residential development capability.3. Identify implications for the strategy and further stages of the planning process for the Shire and the individual investigation areas.

10.1 Kempsey Shire’s environmentCompilation and interpretation of available data used in preparing this report allows identifica-tion of land that, subject to further planning, is either suitable or unsuitable for rural residential use.As outlined in section 4 of this report there are types of environmental hazards that potentially make land unsuitable for rural residential use, including:• Flooding (acknowledging that further investigation may be required to refine flood knowl-

edge to degree that enables land use decision-making)• High risk acid sulfate soils• Wetlands• High quality, regionally significant farmland• Littoral rainforestOther environmental conditions are considered by this study, to inform the strategy for future management and release of rural residential land:• Koala habitat* (which likely contains and could therefore be analogous with habitat of other

species of fauna and flora)• Secondary, tertiary and potential (land suspected of and not confirmed) koala habitat• Potential endangered ecological communities• Bush fire• Scenic qualities of rural and remnant natural landscapes* As defined by Council’s comprehensive koala management plan, this is described as Class 1, Class 2a and Class 2b koala habitat. Readers should refer to the Koala Plan of Management for further information. For the purposes of this analysis, preferred koala habitat has been noted as requiring further study in conjunction with land that may (subject to these investigations) be suitable for rural residential development. This is done for two key reasons:

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• Conservation of the core koala habitat may depend upon a trade-off or off-set, whereby land is zoned for development in return for high quality habitat being reserved, as allowed for by the koala management plan – in other words, providing greater certainty for protect-ing koalas and their habitat could only occur if other land is developed; and

• The degree of knowledge about these areas must be studied further to enable decisions to be made about changing the use of land.

Koala Habitat and Its ManagementRegarding koala habitat and its implications for this environmental assessment; and to place the issue of koala conservation into perspective, below are key quotes from the Biolink Resource Study (Volume 2 of the Comprehensive Koala Plan of Management) which informed prepara-tion of the koala management plan.

“Fundamental to the maintenance of koala (meta) population dynamics across the plan-ning landscape is the issue of habitat connectivity.”“Connectivity within the southern-most KMA (koala management area, encompassing Dondingalong, Euroka, Kundabung South Kempsey, Verges Creek and Crescent Head) currently occurs across a broad interface of predominantly rural lands, national park and forestry estate, the KMA effectively bisected by the Pacific Highway which contributes significantly to annual koala mortalities…”“…improving connectivity…should likely focus on the means by which riparian areas and associated bridge crossings on the Pacific Highway can be improved and/or modified to better facilitate and accommodate koala movements.”“…connectivity with likely sources of recruits is greater and regions of significant (koala) activity extend beyond the boundaries of the investigation area both to the south and west into areas of contiguous bush land.”

The best guide available for the location of habitat corridors is the mapping of regional and sub-regional fauna corridors in the Department of Planning & Infrastructure’s Mid-North Coast Regional Strategy. There are no specific plans to protect these corridors, apart from being con-sidered at each step of the planning process. These corridors probably require refinement via analysis and ground-truthing to be implemented.In the absence of specific, up-to-date guidance or directives by NSW Government agencies to accurately identify and protect habitat corridors for the koala and other species across north-eastern NSW, it is very difficult to consider and determine how to best protect habitat in Coun-cil’s rural residential strategy.

10.2 Environmental Conditions in the Investigation AreasExamined below is the range of environmental features of each investigation area. Based on Council’s data, the analysis is supported by a composite environmental conditions map for each investigation area.The analysis of each investigation area concludes with a map that shows their rural residential development potential. Subsequent stages of the planning process (planning proposals to re-zone land and development applications for subdivision) are expected to address certain issues based on more detailed investigation and improved understanding.Where relative levels of constraint or limitations for development are lower, it is prudent to consider these areas for development in a shorter timeframe, compared with areas of higher conservation value or other conditions that make development for rural residential less suit-able. This and other factors are further considered in a sustainability evaluation of each investi-gation area, presented in part 12 of this report.

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South West Rocks & Arakoon Key environmental conditions for South West Rocks & Arakoon are shown in map 15 (Appendix 1).The rural residential area of Arakoon is well-vegetated, with clearings where subdivision has occurred on each allotment, from the street to a line generally behind where the dwelling is situated. On the eastern and southern sides of the area much of the remaining native vegeta-tion is mapped as Class 2a koala habitat. However, the KPoM notes further detailed investiga-tion is required before koala habitat potential can be considered a constraint. Successive SEPP 44 assessments have failed to locate any koalas in the area to date.There is a small potential EEC between Gap Beach Road and Rainforest Lane, thought to be either Littoral Rainforest, an ecological community of State-significance, or Open Coastal Brush-box. Further investigation is required to confirm this. Two other pockets are located near Smoky Ridge Drive. The area is flanked by Hat Head National Park which could pose a bush fire risk. The park and the Saltwater Lagoon reserve limit expansion of this area, as does planned urban development west of the lagoon.Slopes are gentle to moderate in the cleared areas, including land zoned for rural residential lots (minimum lot size 1 ha) along Arakoon Road. Although the land is largely cleared, it is mapped Class 2b koala habitat or as potential habitat. This area is low lying and there may be drainage or flooding issues to address.South West Rocks and Arakoon are unsuitable for rural residential expansion or intensification. Less-constrained land is identified for urban expansion.

Frederickton & CollombattiA number of areas currently zoned for rural residential development are well-timbered and are identified as potential and Class 2b koala habitat. There are pockets of Class 1 and 2a habitat as well, where further subdivision should be designed to avoid habitat removal or where suit-able compensatory offsets can be identified. This is especially the case with land along Chain O Ponds Road north of Christmas Creek.Map 16 (Appendix 1) shows composite environmental conditions in these areas.Subject to field work and assessment according to the koala management plan, it is possible to consider increasing the density of some areas in the current 1 (g) zone, provided means of protecting habitat are developed once habitat is better-defined.West of Frederickton, land south of Collombatti Road and Everinghams Lane should be con-sidered for rural residential development subject to careful subdivision design and judicious landscaping to protect and improve the area’s pastoral landscape. Areas of rural residential potential area shown in Map 17 (Appendix 1).

West KempseyRural residential land use is prevented from expanding due to being surrounded by flood plain. Other detracting factors from its potential are proximity to the saleyards (subject to a 200m buffer) and the railway. There area is ‘unknown’ as koala habitat. (Map 18, Appendix 1). Poten-tial habitat value is likely minimal given the isolated and altered condition of the locality. Less-constrained land in this locality is identified for residential urban expansion.There is no scope to consider West Kempsey any further.

Aldavilla & YarravelThese localities are already subdivided into a fairly dense pattern. Despite this, there are areas of koala habitat (Classes 2a, 2b and unknown (potential)) scattered across flood-free land. The

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area has an open landscape, with tree-covered rolling hills and pastures on lower-lying land toward the Macleay River being key features (Map 18 Appendix 1). To intensify existing rural residential subdivision would likely place Aldavilla’s habitat, character and scenic qualities at risk.For these reasons, Aldavilla and Yarravel do not offer much scope for more intense rural resi-dential development. However, land in Yarravel west of the Bushland Drive subdivision should be considered for development of a similar intensity as the nature of habitat and the landscape are very similar, with unknown and Class 2b koala habitat pre-dominating. Aerial photography suggests this area is largely cleared and is accessible from the Armidale Road and Bushland Drive. There is no scope to consider extension or intensification of rural residential development in the Aldavilla area. As shown in Map 19 (Appendix 1), land in Yarravel has rural residential potential, having simi-lar quality to presently rural residential zoned land to the south and west and being accessible from the Armidale Road.

Euroka Land in Euroka is either flood prone and/or regionally significant farmland, appearing to offer little scope for development. Scattered vegetation, mainly in the existing rural residential area, is mapped as Class 2b or potential koala habitat. The scattered and isolated (from bushland south of Gowings Hill Road) nature of this vegetation possibly make these remnants unviable as habitat (Map 18 Appendix 1).There are however two areas worth considering further. The first is land immediately north of the existing 1 (c) zoned area west of Marys Bay Road, as it shares similar characteristics with the rural residential land to its south, in that it is gently undulating and of quite a different charac-ter to the flatter, more open land to the north. The second area is more or less in the centre of Euroka, being land fronting Euroka Road and Kiers Lane. This area is characterised as rural resi-dential; and there are a number of lots which appear too small to sustain viable agriculture and could be considered for rezoning and subdivision, even though the land is classed as regionally significant farmland.As outlined above subdivision probably negates the farming value of this land, as shown in Map 19 (Appendix 1). Land off Kiers Lane and Euroka Road could be rezoned to allow lots in a subdi-vision pattern similar to nearby land; this land already being subdivided into lots probably too small to sustain viable agricultural enterprises. This issue would need to be investigated thor-oughly as part of a rezoning process.Land north of the existing 1 (c) zone off Marys Bay Road could accommodate rural residential development. Euroka has rural residential potential (Map 19 Appendix 1), subject to further study.

Dondingalong Flood-free land in Dondingalong west of Marys Bay Road to the intersection of Gowings Hill Road and Circuit Lane is a combination of potential and Class 2b koala habitat. Again remnant vegetation is scattered and may be found to be of little value to koalas, especially north of Gow-ings Hill Road. This area is worthy of consideration for rural residential development. Habitat, bush fire and subdivision layout and building design are issues more detailed planning should address.Map 19 (Appendix 1) shows the area north of Gowings Hill Road that has rural residential capa-bility, subject to flooding and habitat being further investigated.

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Verges CreekA large tract of low-lying flat to gently undulating land (2 to 3 km wide) separates Verges Creek and South Kempsey rural residential areas. While some of the land between these two existing rural residential areas is flood free, it is dissected by creeks that make flood free access from the south difficult. It is well-covered by native vegetation. These features may provide habitat (the koala plan classes it 2b) and an effective visual break in the landscape.Map 20 (Appendix 1) shows existing environmental conditions in Verges Creek.In the area zoned for rural residential development the land is well-vegetated apart from cleared areas associated with housing and farms. Remaining vegetation is a mosaic of varying koala habitat classes and small areas mapped as potential EECs. A small strip of Class 1 habitat is adjacent the lower reaches of Pola Creek, west of Inches Road. It is divided by the Kempsey Bypass and is largely subdivided into small blocks of 1 ha or more.Larger lots in the 1 (c) zone south of Old Station Road and west of Verges Creek Road have not been subdivided. Koala habitat is mostly Class 2b, with patches of unknown or Class 2a habitat. Further subdivision of these larger lots would require careful management of habitat and bush fire.Where Old Station Road changes course, travelling to the north east at its junction with Verges Creek Road, to the north are a couple of large tracts of open pasture with scattered trees flanked by denser vegetation, generally along creek lines. The area has an array of habitat types, with an isolated parcel of Class 1 and Class 2a koala habi-tat at the north-eastern-most extent of this area, which is almost surrounded by flood plain. Its value as habitat, given the forest linkages to it from the south are broken, requires review. Aerial photography reveals it is in fact isolated from other forest on all sides, by farms and flood plain.A key issue could be the peninsula of flood-free land off Old Station Road being a possible habi-tat link from the forested areas to the south of Crescent Head Road to the flood plain; as this area has small (isolated) pockets of high quality habitat.Other areas to the north-west and south are likewise affected by complex environmental con-ditions and despite this, could be considered further, recognising the potential for improving habitat connectivity. Verges Creek and South Kempsey require study into these linkages and developing the means to protect or reserve corridors when warranted, either before or with further investigations into the potential to develop these areas more intensively.As indicated in Map 21, this area is considered to have potential for extension, while noting that detailed environmental investigations into habitat value would be necessary.

South KempseyLand either side of Crescent Head Road is mostly cleared where zoned for rural residential development. Some of this area is classified as Class 1 and 2b koala habitat (having preferred koala feed trees growing in these areas) with a few smaller areas in Class 2a or is unknown (or has potential) as koala habitat (Map 20 Appendix 1). There appears little scope for further development and expansion in this locality, without more detailed investigation into its habitat value. There is also a potential EEC identified on several properties between Wedlock Close and Memory Lane, adjacent to the Class 1 koala habitat. From the mapping it appears this potential EEC is riparian vegetation that follows Pola Creek, as do the preferred koala feed trees, such as swamp mahoganies and forest red gums, which tend to grow more often in riparian corridors.Unlike a number of the areas discussed above, the native vegetation either side of Crescent Head Road is contiguous with native-forested land, with the exception of those pockets already cleared for rural residential development. To the north the vegetation meets the edge of the Macleay and Verges Creek flood plains. To the south the forest continues into the protected, reserved land in Maria National Park and the Maria River State Forest.

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These possible habitat linkages are identified in the Mid-North Coast Regional Strategy as “Re-gional Fauna Corridors”.On the southern side of Crescent Head Road is a ‘corridor’ of Class 1, Class 2a and 2b habitat that links into the Maria National Park. What seems to preclude the success of this ‘corridor’ as a habitat link is it traversing land that is zoned 1 (c) and 1(g). Land in the latter zone is at the southern end of Settlers Way and abuts the national park. It appears land between the road and the national park is largely subdivided to its full potential under the respective minimum lot sizes of 1 ha and 8 ha.Subject to more detailed investigation, there would appear to be value in assessing potential to intensify development of some land; provided further clearing is kept to that necessary for ac-cess, house siting and bush fire protection. However, this area contains heavy clay soils that are unsuitable for effluent disposal on lots below 1ha.There may be scope to consider a large tract of land south of Crescent Head Road, although it is forested and is largely 2b koala habitat. Bush fire hazard is also likely high.As shown in Map 21 (Appendix 1), there is limited scope to consider rural residential extensions in South Kempsey. Issues discussed above would require resolution.

Crescent HeadRural residential land in the Crescent Head district is segregated by the landscape elements that abut and give a spectacular backdrop to this part of the coast.There are three areas zoned for rural residential development in the district. The first is off Baker Drive (subject to a rezoning application to permit residential subdivision), the second is off Crescent Head Road, accessed from Neville Morton Drive; and the third is a larger area ac-cessed by Beranghi Road.Some land within the Beranghi Road area is Class 1 koala habitat (Map 22 Appendix 1). This land already appears subdivided to its 8 ha minimum lot size potential, suggesting no further subdivision should occur. The Class 1 area is partially cleared with remnants of native vegeta-tion that are adjacent large areas of bush; including the Maria National Park to the west; and bushland growing over the Dulkoonghi Ridge which is Class 2a and 2b habitat. Another pocket of land at the northern end of Neville Morton Drive could form an extension to the rural residential subdivision to which this road provides access; noting this small area contains class 2 a & 2b koala habitat. Some of the land is however cleared and appears suitable for rural residential use.Land on Wortley Drive (off Beranghi Road) is largely forested, with a pocket of cleared land midway along the drive’s length. The area is surrounded by forest that runs into the nearby state forests and national parks. Intensification and extension of development in this area is not favoured due to the cleared area being isolated and only having one evacuation route in the event of a fire, in addition to the surrounding forest’s habitat value.Remaining flood-free land adjacent to the existing 1 (c) and 1 (g) zones is identified as Class 2a and 2b koala habitat, indicating the need for more detailed examination of habitat value before any development capability can be determined. Again, the protection of higher-value habitat and development of land of lesser habitat value, may be facilitated by allowing development via bio-banking schemes or some other form of biodiversity off-set or acquisition scheme.Other land in the Crescent Head district, particularly to the south off Maria River Road is largely flood-prone. However there are cleared and flood-free (subject to verification by flood study) areas off Maria River Road that are worthy of investigation.Land off Baker Drive and Point Plomer Road is largely flood-liable and rural residential subdivi-sion would likely conflict with clause 64 of Kempsey LEP 1987, which comprises specific plan-ning objectives, land use controls and requires consideration of certain environmental issues. Higher country in this locality is mapped as potential EEC, Class 2a and 2b koala habitat and contains SEPP 26 littoral rainforest.

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North from Crescent Head along Loftus Road is a small slice of 1 (c) zoned land, nestled be-tween Hat Head National Park and the wetlands of Richardsons Crossing. Other freehold land exists north of this rural residential locale, up to (and including) Thurgood’s Quarries. This land is mapped as Class 1, 2a and 2b koala habitat. Its relative isolation could find it cut-off for emergency access and from basic services during flood or fire. The area is also partly zoned 7(d) Scenic Protection due to its visual prominence from Crescent Head.The unique landscape and adjacency of koala habitat to the Maria National Park make it dif-ficult to conclude there is much scope to extend or open up any new rural residential areas, except for those discussed above.Areas where extension or intensification could be considered however, again subject to a thor-ough investigation into protection of landscape values, koala habitat and bush fire, is the land accessed from Bougainvillea Lane and Ranch Road, land off Maria River Road and at the north-ern end of Neville Morton Drive (Map 24 Appendix 1).

KundabungParts of the Kundabung district under investigation are the areas zoned 1 (g), adjacent land to the south, west and east, accessed from Smiths Creek Road, Crowther Drive, Kundabung Road and Wharf Road.Apart from vegetation posing a bush fire risk, this area is a patchwork of Class 2a and 2b koala habitat (Map 24 Appendix 1). The area is also contiguous with bushland that adjoins National Parks and State Forests to the north, west and south. “Regional Fauna Corridors” are identified by the Mid-North Coast Regional Strategy, linking habitat in State-owned land across private property.Being located 16 km (around a 15 minute drive) from Kempsey and 35 km (about 30 minutes) from Port Macquarie (rural residential land closer to Port Macquarie is in limited supply) offers an opportunity for further rural residential subdivision in this area. Further investigation of flooding is required to consider extending the 1(c) zone into Rodeo Drive, west of the Highway and along Upper Smiths Creek Road. The area east of the Highway around the Kundabung village and further south along the Highway in Mingaletta is also worth examining, where the land is largely cleared. Flood studies are required as part of any further investigation when rezoning in this locality is further contemplated (Map 25 Appendix 1).

Stuarts Point, Yarrahapinni & BarranganyattiLand in these areas is mapped as having a range of environmental conditions that make large tracts unsuitable for rural residential development. These include bush fire, koala habitat rang-ing from Class 1 to unknown and regionally significant farmland (Maps 26 and 27 Appendix 1), while noting the KPoM requires further field investigations in this part of the Shire. The land-scape qualities are also high given the vegetation cover and undulating topography, especially along Stuarts Point Road. Land east of this road above the flood plain of Kings Creek is dissected by a number of the creek’s tributaries and is largely cleared, its koala habitat status being unknown. Land further west near the intersection of the Highway with Stuarts Point Road is mapped as koala habitat and is therefore less favoured for development, although it could be considered in the longer term.Land around Stuarts Point is not ideal for development due to being affected by a broad range of environmental conditions including flooding and potential EECs. Large areas are zoned for residential development, contingent upon the provision of sewerage.Land near Stuarts Point east of the areas identified in Map 28 (Appendix 1) was studied in the 1990s; this study concluded this area is not suitable for further subdivision as it is capable of sustaining intensive horticulture. This area has not been considered further by this investiga-tion.

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Potential of the area east of Stuarts Point Road generally between Hunters Road and Lukes Lane could be investigated in the medium to long term. While development of this area would certainly support (limited) services in Stuarts Point, residents would need to travel to Macksville (about 25 km) or further afield, to the shops, doctors, school and work. This area adjoins land with like characteristics in the Barranganyatti district, shown on Map 29 (Appendix 1) as having rural residential potential, subject to detailed study of landscape, bush fire and habitat.

10.3 Shire-Wide Implications for Rural Residential Land ReleaseThe series of maps that accompany the foregoing assessment shows the areas, subject to fur-ther study, that have rural residential potential by extending them or increasing the density of areas zoned 1 (g) for rural residential development. Two new areas with rural residential poten-tial are the Yarrahapinni and Barranganyatti districts.Using the conclusions of this section as a starting point, part 12 integrates the environmental assessment with the other key aspects of planning for rural residential land use (infrastructure, access, policy requirements and market conditions). To do this, a decision-making support tool known as an ecologically sustainable development evaluation matrix, or more briefly, a sustain-ability matrix, is used.The matrix distils evaluation criteria from the foregoing analyses of environment, market, policy and infrastructure. The criteria also incorporate a number of issues raised at the public work-shop, outlined in part 11.The matrix’s purpose is to assess and score the relative ability of the 12 investigation areas to sustainably accommodate rural residential development. The score does not dictate whether or not the land will be developed. The score and ranking are tools to help interpret a complex array of issues.The strategy will then identify land that is most and least suited for rural residential develop-ment, based on the foregoing analysis and the rankings determined by the matrix.

11. Public Workshop OutcomesTo satisfy Council’s Delivery Plan and the project brief, public participation for the project was planned in two stages:1. A workshop to seek people’s input regarding future rural residential development in the

Shire; and2. To invite scrutiny of this report and the draft strategy before it is formal endorsement by

Council and the NSW Department of Planning and Infrastructure A workshop was held at the Shire Chambers in West Kempsey on 18 April 2011. A report at Ap-pendix 4 summarises the workshop’s objectives, process and results. Issues and points of view raised by the participants are considered by and have influenced this report. Some of these key issues have informed the criteria used in the next sections, to evaluate the potential of land in the 12 investigation areas to accommodate rural residential development.Briefly, the workshop examined the long term likely influences on rural residential development in the Shire and then examined the potential for development of the 12 investigation areas in small groups.The most pertinent issues to arise from the workshop were:• The keen interest of stakeholders to enable further rural residential development, in a sus-

tainable way

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• Rural residential development is seen as an important means of supporting local communi-ties, on the coast as well as inland centres, especially Kempsey

• Potential to create lots smaller than one hectare on the basis of land capability, there being latent demand for them

• To pay careful attention to preserve the Shire’s ecology, as part of its appeal to tourists• The need, albeit only related indirectly to the strategy, to generate employment opportuni-

ties and to sustain economic growth• Timely completion and implementation of a strategy for rural residential land release

12. Sustainability EvaluationDetailed in Appendix 5 is an evaluation of the investigation areas selected for review.The evaluation provides an indication of the relative capability of existing rural residential and investigation areas.The evaluation incorporates criteria derived from a number of sources:• The public workshop, summarised above• Council’s Delivery Plan 2012 – 2016• NSW Government Mid-North Coast Regional Strategy and Settlement Guidelines• Council’s objectives for the review of the rural residential land release strategyHaving considered and ‘distilled’ the essence of various objectives and desired outcomes as expressed in these sources the criteria have been developed and grouped according to four key themes or elements of sustainability for scoring:Table 5: Summary of ESD Evaluation Criteria

Element and Source of Criteria Evaluation CriteriaSOCIETYWorkshop Provides (or has potential to provide) safe and cost-effec-

tive two-way sealed road access.Workshop Supports services of the Shire’s towns and villages.ECONOMYCouncil’s Delivery Plan 2012 - 2016

Within the Shire’s capacity to service development.

NSW Govt Regional Strategy Supports Kempsey as a major town centre.Workshop Lower cost of developing land (fewer constraints equate to

lower development costs).ENVIRONMENTNSW Govt Regional Strategy Waste water can be disposed of effectively.Workshop The scenic and visual amenity of the Shire is preserved or

enhanced.NSW Govt Settlement Guidelines No or little need to clear native vegetation.Workshop Enable more efficient land use by increasing densityWorkshop Protection of habitat and corridors for koalas (and other

species).GOVERNANCE

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Element and Source of Criteria Evaluation CriteriaNSW Govt Regional Strategy Would not affect areas with urban expansion potential.NSW Govt Regional Strategy Land use conflict avoided or manageable.KSC Review Objective Rationalise the 1(g) zone, by supporting new subdivision

and land use controls.

In summary, the results are presented below. Each is scored and ranked with the meaning of each ranking provided in the subsequent table.

Table 6: ESD Rankings of Areas Evaluated

Area Score ESD Ranking1 South West Rocks & Arakoon 6.78 D2 Collombatti 9.91 B3 Frederickton 10.08 B4 Aldavilla & Yarravel 8.0 C5 West Kempsey 6.74 D6 Verges Creek 8.0 C7 Euroka & Dondingalong 8.01 C8 South Kempsey 9.01 B9 Kundabung 9.41 B10 Crescent Head 8.11 C11 Stuarts Point & Yarrahapinni 7.17 C12 Barranganyatti 7.17 C

Table 7: ESD ranking descriptions

Overall Ranking Total Score DescriptionA 11-12 Excellent contribution to sustainable development expected.B 9-10 High contribution to sustainable development expected. Area

should be developed, subject to resolution of outstanding is-sues or further investigation.

C 7-8 Moderate contribution to sustainable development expected - should only be considered for development after outstand-ing issues are resolved, if possible.

D 5-6 Small contribution to sustainable development expected - possibly should be considered no further.

E 4 Unsustainable - do not consider further.

Comments on resultsThe results of the ESD evaluation as shown in the tables above indicate the contribution to-wards ESD of each investigation area is small to high. When all is said and done, the evaluation result is arguably due to two key factors:1. Proximity to urban services (and employment)2. The complexity of environmental conditions

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The results suggest that high-scoring areas should be given priority in future planning:• Frederickton• Collombatti• Kundabung• South Kempsey

13. ConclusionsThe fundamental purpose of this background report is to review the current strategy based on current environmental, social and economic conditions to pave the way for preparing a new rural residential land release strategy for Kempsey Shire.Steps taken in this review have been:1. Holding a stakeholder workshop to assist in identifying issues to be addressed be examin-

ing:a. strengths, weaknesses, opportunities and threats; andb. politics, environment, society and technology;focusing on their influence on the demand for and supply of rural residential land

1. Identifying and analysing current market, infrastructure and environmental conditions af-fecting rural residential supply and demand in the Shire

2. Conducting strategic environmental evaluation of 12 investigation areas, including all exist-ing rural residential land in the Shire

3. Preparing the Background Report, to record steps 1 - 34. Developing a draft strategy (under separate cover), comprising:

a. A capability assessment of each area, having regard to market demand, infrastructure provision, access and environmental issues

b. a land release program for the rezoning of new rural residential areas, or for the inten-sification of existing rural residential areas, over short (0-5 year), medium (6-10- year) and long (11-25 year) terms

c. a model which will assist Council to make future decisions about demand and supply of rural residential land, over a 25 year time horizon

Next Steps:1. Publicly exhibiting this report and the draft strategy for comment, reviewing the strategy

and adoption by Council2. Submitting the adopted strategy for the NSW Government’s approval

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This Report Has:• Identified and described existing rural residential areas• Identified the current supply of rural residential land, taking figures from Council’s Rural

Residential Land Capacity Report (completed in July 2011)• Examined the current strategic policy and planning context for rural residential develop-

ment• Researched and summarised key demographic and housing market trends that appear to

affect the Shire, including Council’s latest population and housing projections (September, 2012)

• Identified areas suitable for investigation, to determine their potential to satisfy demand for rural residential land and housing

• Established that there appears to be strong demand for this type of land and housing in the short to long term

• Examined all rural land in the Shire and excluded some areas from further consideration as: - The land is in public ownership - The land is too remote from urban services provided by the larger towns, Kempsey,

South West Rocks, Port Macquarie and Macksville - The land is flood prone and has a high probability of the presence of acid sulfate soils - The land is highly productive farmland and protected as a regionally significant resource

• Identified 12 areas in the Shire for detailed investigation; and considered other factors in deciding whether these areas are suitable for expanding or intensifying the existing land supply for rural residential land and housing. These factors include:

- Flora and fauna habitat (including koala habitat protection) - The risks associated with acid sulfate soils - Bush fire hazard - The capacity of the Shire’s land and waterways to safely dispose of treated waste water - The capacity of the Shire to provide access and essential services to new (or intensified

extant) rural residential areas• Completed a sustainable development evaluation of these areas, which indicates good pros-

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Towards a New StrategyBased on the analysis presented in this report the new Shire of Kempsey Rural Residential Land Release Strategy addresses the following matters. Each part of the strategy consists of a series of maps and tables to present data and related commentary.1. Assess the capability of potential rural residential release or intensification in the 12 inves-

tigation areas (part 10 of this report), according to the ESD (part 12) evaluation and the criteria presented in the table below:

Staging Land Capability CriteriaShort Term0-5 years

Infrastructure Adequate (no or minior work needed) roadsEnvironmental Constraints can be addressed in Planning Proposal or a DATown Access Good (within a 15 minute dreive) with an existing or po-

tential alternative emergency access routeDensity Can accommodate lots 1haDemand High

Medium Term6-10 years

Infrastructure Adequate (works needed, would likely satisfy cost benefit analysis)

Environmental Constraints can be addressed in a Planning Proposal, or may need policy direction before rezoning and develop-ment is considered

Town Access Good (within a 15 minute drive)Density Can accommodate lots 1haDemand Moderate

Long Term11-25 years

Infrastructure Inadequate (work needed, unlikely to satisfy current cost benefit analysis

Environmental Potential high conservation value or constraints are possi-bly insurmountable, need polity direction before rezoning and development is considered

Town Access Moderate to poor (within a 30 minute drive)Density Can accommodatin lots 1haDemand Low

No Release Infrastructure Inadequate - likely cost prohibitiveEnviroinmental Conservation vlaue or constraints make land unsuitable for

developmentTown Access Too remote (further than a 30 minute drive)Density Need not be consideredDemand Need not be considered

2. Estimate the potential yield or rural residential lots and the timing of future land release in addition to the existing land supply.

3. Develop a demand monitoring model for:a. The Shireb. Each of the 12 localities investigated, including:

i. Existing rural residential areasii. Planned rural residential areas (where further investigation and rezoning is re-

quired)4. An action plan for further planning and the steps required to implement the strategy, identi-

fying priority, responsibility and a budget estimate, where necessary.

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APPENDIX 1Maps

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List of MapsMap Title

1 Kempsey’s Location2 Existing Rural Residential Areas3 Conditions Preventing Rural Residential Development4 Rural Residential Investigation Areas5 South West Rocks and Arakoon Investigation Area6 Collombatti Frederickton and West Kempsey Investigation Area7 Yarravel Aldavilla Euroka and Dondingalong Investigation Area8 Verges Creek and South Kempsey Investigation Area9 Crescent Head Investigation Area

10 Kundabung Investigation Area11 Stuart’s Point & Yarrahapinni Investigation Area12 Barranganyatti Investigation Area13 Road Conditions14 Investigation Areas Composite Environmental Conditions15 South West Rocks and Arakoon Composite Environmental Conditions16 Frederickton Collombatti and West Kempsey Composite Environmental Conditions17 Frederickton Collombatti and West Kempsey Rural Residential Potential18 Yarravel Aldavilla Euroka and Dondingalong Composite Environmental Conditions19 Yarravel Aldavilla Euroka and Dondingalong rural Residential Potential20 Verges creek and South Kempsey Composite Environmental Conditions21 Verges Creek and South Kempsey Rural Residential Potential22 Crescent Head Composite Environmental Conditions23 Crescent Head Rural Residential Potential24 Kundabung Composite Environmental Conditions25 Kundabung Rural Residential Potential26 Stuarts Point and Yarrahapinni Composite Environmental Conditions27 Barranganyatti Composite Environmental Conditions28 Stuarts Point and Yarrahapinni Rural Residential Potential29 Barranganyatti Rural Residential Potential

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Major Towns

Map 1 : Kempsey’s LocationReview of Kempsey Shire Council Rural Residential Land Release Strategy

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Highways

There is no warranty that the data on this map does not contain errors and the Kempsey Shire Council or Insite Planning Services shall not be liable for any loss, damage or injury suffered by the user or any other person consequent upon the existence of errors. No guarantee as to the accuracy of the data is given.

Copyright Kempsey Shire Council 2013 Copyright Land & Property Information 2013

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Map 2 : Existing Rural Residential Areas Review of Kempsey Shire Council Rural Residential Land Release Strategy

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Regionally Significant Farm Land

Existing Rural Residential Zones Flood Plain

Rivers & Creeks

National Parks & Nature Reserves

State Forests

Pacific Highway Bypass

Main Roads

North Coast Railway



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Rural Residential 1(g) Zone

Rural Residential 1(c) Zone

Flood Prone Land

National Parks & Reserves

State Forests

Map 3 : Conditions Preventing Rural-Residential DevelopmentReview of Kempsey Shire Council Rural Residential Land Release Strategy

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Investigation Areas

Map 4 : Rural Residential Investigation Areas Review of Kempsey Shire Council Rural Residential Land Release Strategy

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Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway



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Investigation Areas

Map 5 : South West Rocks and Arakoon Investigation Area (Existing 1(c) zone only)Review of Kempsey Shire Council Rural Residential Land Release Strategy

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Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway



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Investigation Areas

Map 6 : Collombatti, Frederickton and West Kempsey Investigation AreasReview of Kempsey Shire Council Rural Residential Land Release Strategy

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Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway



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Investigation Areas

Map 7 : Yarravel, Aldavilla, Euroka, & Dondingalong Investigation Areas Review of Kempsey Shire Council Rural Residential Land Release Strategy

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Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway



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Investigation Areas

Map 8 : Verges Creek and South Kempsey Investigation Areas Review of Kempsey Shire Council Rural Residential Land Release Strategy

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Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway



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Investigation Areas

Map 10 : Kundabung Investigation AreaReview of Kempsey Shire Council Rural Residential Land Release Strategy

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VERSION : 1-100212DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway



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Investigation Areas

Map 9 : Crescent Head Investigation Area Review of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

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Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway



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Investigation Areas

Map 11 : Stuarts Point and Yarrahapinni Investigation Areas Review of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 1-100212DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway



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Investigation Areas

Map 12 : Barraganyatti Investigation Area Review of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

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Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway



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Investigation Areas

Map 13 : Road ConditionsReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

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Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway

Sealed Roads Un-Sealed Roads Bridges (River, Rail and Road)



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Investigation Areas

Map 14 : Investigation Areas Composite Environmental ConditionsReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 1-150612DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway

Koala Habitat Type 3

Koala Habitat Type 2A

Koala Habitat Type 2B


Koala Habitat Unknown

SEPP26 Littoral Rainforest

SEPP14 Wetlands

Potential EEC



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Investigation Areas

Map 15 : South West Rocks & Arakoon Composite Environmental ConditionsReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

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Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway







SEPP14 Wetlands

Potential EEC



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Investigation Areas

Map 16 : Frederickton, Collombatti & West Kempsey Composite Environmental ConditionsReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 1-150612DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway







SEPP14 Wetlands

Potential EEC



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Investigation Areas

Map 17 : Frederickton, Collombatti, & West Kempsey Rural Residential PotentialReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 2-150313DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway

Rural Residential Potential



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Investigation Areas

Map 18 : Yarravel, Aldavilla, Euroka & Dondingalong Composite Environmental ConditionsReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 1-150612DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway







SEPP14 Wetlands

Potential EEC



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Investigation Areas

Map 19 : Yarravel, Aldavilla, Euroka & Dondingalong Rural Residential PotentialReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 2-150313DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway




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Investigation Areas

Map 20 : Verges Creek & South Kempsey Composite Environmental ConditionsReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 1-150612DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway







SEPP14 Wetlands

Potential EEC



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Investigation Areas

Map 21 : Verges Creek & South Kempsey Rural Residential PotentialReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 2-150313DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway




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Investigation Areas

Map 22 : Crescent Head Composite Environmental ConditionsReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 1-150612DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway







SEPP14 Wetlands

Potential EEC



DRAFT





Investigation Areas

Map 23 : Crescent Head Rural Residential PotentialReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 2-150313DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway




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Investigation Areas

Map 24 : Kundabung Composite Environmental ConditionsReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 1-150612DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway







SEPP14 Wetlands

Potential EEC



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Investigation Areas

Map 25 : Kundabung Rural Residential PotentialReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 2-150313DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway




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Investigation Areas

Map 26 : Stuarts Point & Yarrahapinni Composite Environmental ConditionsReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 1-150612DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway







SEPP14 Wetlands

Potential EEC



DRAFT





Investigation Areas

Map 27 : Barraganyatti Composite Environmental ConditionsReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 1-150612DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway







SEPP14 Wetlands

Potential EEC



DRAFT





Investigation Areas

Map 28 : Stuarts Point & Yarrahapinni Rural Residential PotentialReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 2-150313DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway




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Investigation Areas

Map 29 : Barranganyatti Rural Residential PotentialReview of Kempsey Shire Council Rural Residential Land Release Strategy

NOT TO SCALE

VERSION : 2-150313DATE : 15/03/2013

Flood Plain

Rivers & Creeks


State Forests


Main Roads

North Coast Railway




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APPENDIX 2Statutory Provisions

Relevant to the Review

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Relevant Clauses of the Kempsey LEP 1987

3 Aims of planThis plan aims: a) to protect the major agricultural activities of the area and to promote the agricultural po-

tential of the Shire of Kempsey,b) to protect the quality of areas of high landscape or environmental value,c) to ensure that new developments do not require the uneconomic extension of services,d) to ensure that a choice of lot sizes is available to rural land purchasers,e) to create a flexible plan that can cope with fluctuations in the growth of the area,f) to protect land required for future urban and rural residential purposes from unnecessary

subdivision,g) to protect cultural and natural resources from damage or destruction,h) to facilitate the provision of residential and tourist accommodation in appropriate locations,i) to ensure that development controls reflect differences in the physical capability of the land

and accessibility to services,j) to ensure that developments which are visually intrusive or which generate excessive traffic

are prohibited on arterial roads,k) to ensure that non-residential development is sited to avoid or minimize conflict with the

residential amenity of adjoining lots,l) to ensure that flood-free land is available for business and urban residential expansion, andm) to conserve and enhance the environmental heritage of Kempsey Shire.

9 Zone objectives and development control table1) The objectives of a zone are set out in the Table to this clause under the heading “Objec-

tives of zone” appearing in the matter relating to the zone.2) Except as otherwise provided by this plan, in relation to land within a zone specified in the

Table to this clause, the purposes (if any) for which: a) development may be carried out without development consent,b) development may be carried out only with development consent, andc) development is prohibited, are specified under the headings “Without development

consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

3) Except as otherwise provided by this plan, the Council shall not grant consent to the carry-ing out of development on land to which this plan applies unless the Council is of the opin-ion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.

Zone No 1 (c) (Rural (Small Holdings “C” Zone)1 Objectives of zoneThe objectives are: a) to provide sufficient land to meet demand for hobby farms and rural residential develop-

ment, andb) to permit uses which are compatible with more intensive rural development.

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2 Without development consentAdditions to dwellings; agriculture (other than intensive animal husbandry and aquaculture).3 Only with development consentAny purpose other than a purpose included in Item 2 or 4.4 Prohibitedaerodromes; aged persons units; airline terminals; animal boarding and breeding establish-ments; aquaculture; boarding-houses; bulk stores; bus depots; bus stations; camping grounds; caravan parks; car repair stations; cluster housing; commercial premises; exhibition homes; extractive industries; forestry; helipads; heliports; hospitals; hotels; industries; institutions; intensive animal husbandry; junk yards; light industries; liquid fuel depots; medical centres; mineral sand mines; mines; miscellaneous forestry; motels; motor showrooms; multiple dwell-ings; offensive or hazardous industries; professional consulting rooms; recreation facilities; residential flats; road transport terminals; rural industries; rural workers dwellings; sawmills; service stations; shops; stock and saleyards; taverns; timber yards; transport terminals; veteri-nary establishments; warehouses.

Zone No 1 (g) Rural (Small Agricultural Enterprises) “G” Zone)1 Objectives of zoneThe objectives are: a) to permit a variety of larger size lots to meet the demand for hobby farms,b) to permit uses which are compatible with more intensive rural development, andc) to ensure that the nature, scale and operation of any activity (particularly extractive indus-

tries, intensive animal husbandry, rural industries and forestry associated activities) are compatible with the amenity of the locality.

2 Without development consentAdditions to dwellings; agriculture (other than intensive animal husbandry or aquaculture).3 Only with development consentAny purpose other than a purpose included in Item 2 or 4.4 Prohibitedaerodromes; aged persons units; airline terminals; boarding houses; bulk stores; bus depots; bus stations; camping grounds; car repair stations; caravan parks; cluster housing; commercial premises; exhibition homes; helipads; heliports; hospitals; hotels; industries; institutions; junk yards; light industries; liquid fuel depots; medical centres; mineral sand mines; mines; motels; motor showrooms; multiple dwellings; offensive or hazardous industries; professional consult-ing rooms; recreation facilities; residential flat buildings; road transport terminals; service sta-tions; shops; stock and sale yards; timber yards; transport terminals; warehouses.

13 Subdivision—connection of water supplyThe Council shall not consent to the subdivision of land in Zone No 1 (c) (other than at Arakoon, South West Rocks) having an area of not more than 10 hectares, or of land in Zone No 2 (a), 2 (b1), 2 (b2), 2 (c) or 2 (v), unless each lot proposed to be created by the subdivision has a reticu-lated water supply connected to it or arrangements satisfactory to Council have been made for the future provision of reticulated water supply to each lot.

16 Subdivision—minimum lot sizes1) The Council shall not consent to the subdivision of land unless each allotment proposed to

be created by the subdivision has an area of at least:

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a) in the case of land within Zone No 1 (a1), 1 (a3), 1 (d), 1 (e), 7 (a), 7 (d), 7 (f1), 7 (f2) or 8 (b)—40 hectares,

b) in the case of land within Zone No 1 (c)—1 hectare,c) in the case of land within Zone No 1 (g)—8 hectares,d) in the case of land within Zone No 2 (a), 2 (b1) or 2 (v)—0.05 hectares, ore) in the case of land within Zone No 2 (b2) or 2 (c)—0.08 hectares.

2) Nothing in subclause (1) shall operate to prohibit the erection of a residential flat building in Zone No 2 (b2) or 2 (c) on any allotment of land which was in existence as a separate allot-ment of land on the appointed day.

3) The Council may consent in respect of an application to subdivide land within Zone 1 (a1) or 1 (a3) so as to create an allotment of less than 40 hectares, but only if the Council is satis-fied that: a) the allotment is intended to be used for a purpose (other than agriculture or a dwelling-

house) for which it may be used without or only with the consent of Council, andb) the ratio of depth to frontage is satisfactory having regard to the purpose for which the

allotment is intended to be used.4) The Council may consent to an application to subdivide land with Zone No 1 (a1), 1 (a3), 1

(c) or 1 (g) under the provisions of the Community Land Development Act 1989 so as to cre-ate an allotment of less than the minimum lot size for that zone only if the Council is satis-fied that: a) the allotment to be created is intended to be used for a purpose (other than agriculture

or a dwelling-house) for which it may be used without or only with the consent of Coun-cil, and

b) the ratio of depth to frontage of each allotment to be created is satisfactory having re-gard to the purpose for which the allotment is intended to be used.

56 Development on land containing potential acid sulfate soils1) This clause applies to land, identified as being subject to acid sulfate risk, shown edged

heavy black on the acid sulfate soils map.2) A person must not, without the consent of the Council, carry out works on land to which

this clause applies.3) For the purposes of subclause (2), works includes any landform alteration that results in the

disturbance of acid sulfate soils (such as occurs in the carrying out of agriculture, the con-struction of dams, the maintenance of existing drains, flood mitigation works or any other works which will alter groundwater levels). In this clause, landform alteration includes the placement, disposal and use of fill material comprised of actual acid sulfate soils or poten-tial acid sulfate soils.

4) The council must not grant such consent unless it has considered: a) a preliminary soil assessment to ascertain the presence or absence of acid sulfate soils

within the area of the proposed works, unless the applicant agrees that acid sulfate soils are present within the area of the proposed works, and

b) where the preliminary soil assessment ascertains, (or the applicant agrees) that acid sulfate soils are present, whether or not an acid sulfate soils management plan has been prepared in accordance with DCP No 30 Management of Acid Sulfate Soils, and

c) the likelihood of the proposed development resulting in the oxidation of acid sulfate soils and the discharge of acid water from the area of proposed works, and

d) any comments received from any relevant public authority the Council may consult with in respect of the application.

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5) Notwithstanding any other provision of this plan, this clause also applies to the placement of any acid sulfate soil on or under any land.

6) This clause does not require consent for the carrying out of those works if: a) a copy of a preliminary assessment of the proposed works undertaken in accordance

with the Acid Sulfate Soils Assessment and Management Guidelines has been given to the Council, and

b) the Council has provided written advice to the person proposing to carry out works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in ac-cordance with the Acid Sulfate Soils Assessment and Management Guidelines.

7) Public authorities This clause requires consent for development to be carried out by the Council, or drainage unions despite clause 35 and items 2 and 11 of Schedule 1 to the Envi-ronmental Planning and Assessment Model Provisions 1980, as adopted by this plan.

8) Special provisions for Council Notwithstanding the provisions of subclause (7), the following types of development may be carried out by the Council on land to which this clause applies without consent: a) development consisting of emergency work,b) development consisting of routine maintenance, andc) development consisting of minor work, and development ancillary to that development,

such as the carrying out of excavation work, the construction of accessways and the provision of power supplies.

9) Despite subclause (8), development consisting of routine maintenance or minor work may be carried out by the Council only with consent if the development is on a site listed as a heritage item in Schedule 1.

10) Where the Council carries out development described in subclause (8) and encounters, or is reasonably likely to encounter, actual or potential acid sulfate soils, the Council shall prop-erly deal with those soils in accordance with the Acid Sulfate Soils Assessment and Man-agement Guidelines, so as to minimise the actual or potential impact to the environment arising from disturbance of the soils.

11) In this clause: Council’s Works means such works as are owned or controlled by the Council.Emergency Work means the repair or replacement of any part of the Council’s works: a) because it has been (or is being) damaged by a natural disaster, an accident, an act of

vandalism or a like occurrence, orb) because it has ceased to function or suddenly ceased to function adequately, and

includes work reasonably necessary to prevent or limit any further damage or malfunc-tion.

Engineering Works means works carried out under the supervision of a suitably qualified engineer and using equipment or plant. Such works may consist of or include any of the fol-lowing: • construction of roads, bridges, buildings, levees, dams, railways or drains,• laying of pipes, cables or conduits,• levelling of the ground,• extractive industries or mining,• dewatering,• flood mitigation works, and may consist of or include an agricultural-related work. Minor Work means new work affected by the Council (other than drainage work), which has a value not greater than $20,000.

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Routine Maintenance means the periodic inspection, cleaning, repair and replacement of the Council’s works but does not include work that would result in an increase in the design capacity of any part of those works or necessitate the deepening of an existing works ca-pacity.

58 Dwelling-houses and additions to dwelling-houses1) This clause applies to land within Zone No 1 (c), 1 (g), 2 (a), 2 (b1), 2 (b2), 2 (c), 2 (d) or 2 (v).2) Despite any other provision of this plan, development for the purpose of dwelling-houses

or additions to dwelling-houses may only be carried out on land to which this clause applies with development consent.

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APPENDIX 3Property Market Survey Questions

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Kempsey Shire Council

Rural residential land release strategy

Property Market Survey

Rural residential lots and housing

Project Introduction

Council is developing a new strategy to manage the supply of rural residential land.

An aim of the project is to obtain some market based information on where and what

type of lots are and have been in demand recently.

To obtain this information we are contacting agents in the Kempsey and Port Macquarie

areas.

Information will be kept confidential and will be compiled for market analysis and

planning purposes only.

The information will supplement analysis of demographic data obtained from Council

and the ABS.

Agent’s Name:

Company:

Phone number:

Email address:

1. In which locations in the Kempsey Shire has demand been strongest for rural residential in

the last 5 years?

2. In the last 5 years, how many rural residential lots and houses do you estimate you have sold

each year in the Kempsey Shire?

3. What lot sizes are most popular or sought after?

i. 1 ha or less

ii. 2 – 4 ha

iii. 4 - 8 ha

iv. Larger than 8 ha

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4. In which locations are smaller and larger lots preferred?

5. Where do purchasers and purchase enquiries come from; and how many (estimate)?

i. Kempsey Shire

ii. Port Macquarie

iii. Other parts of the Mid-north coast (Taree to Coffs)

iv. Far North coast (Coffs to Tweed)

v. Sydney

vi. Central Coast

vii. Newcastle

viii. Hunter Valley

ix. Other parts of NSW

x. Interstate

6. Which of the following areas in the Shire do you think the supply of rural residential lots

should be increased?

i. Collombatti

ii. Frederickton

iii. Aldavilla/Yarravel

iv. Verges Creek

v. Euroka/Dondingalong

vi. South Kempsey

vii. Kundabung

viii. Any other localities in the Shire?

7. In Council’s previous work, rural residential housing has been estimated to be 25% of the

total housing market. What proportion of the total residential land and housing market do

you estimate to be made up by rural residential lots and housing?

If you could please return the completed survey to [email protected], it would be very much

appreciated.

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mailto:[email protected]


APPENDIX 4Public Participation

Workshop Summary Report

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SHIRE OF KEMPSEY

RURAL RESIDENTIAL LAND RELEASE STRATEGY REVIEW

PUBLIC WORKSHOP

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Shire of Kempsey Rural Residential Strategy Review Workshop Summary Report

i

QUALITY ASSURANCE

This document has been prepared, checked and released in accordance with the Quality Control Standards established by Insite Planning Services Pty Ltd

Copyright (c) Insite Planning Services Pty Ltd

Disclaimer

This report has been prepared based on the information supplied by the client and investigation undertaken by Insite Planning Services Pty Ltd & other consultants. Recommendations

are based on Insite Planning Services Pty Ltd professional judgement only and whilst every effort has been taken to provide accurate advice, Council and any other regulatory authorities

may not concur with the recommendations expressed within this report. This document and the information are solely for the use of the authorised recipient and this document may not

be used, copied or reproduced in whole or part for any purpose other than that for which it was supplied by Insite Planning Services Pty Ltd. Insite Planning Services Pty Ltd makes no

representation, undertakes no duty and accepts no responsibility to any third party who may use or rely upon this document or the information.

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All information, concepts, ideas, strategies, commercial date and all other information whatsoever contained within this document as well as any and all ideas and concepts described

during the presentation are provided on a commercial in confidence basis and remain the intellectual property and Copyright of Insite Planning Services Pty Ltd and affiliated entities.

This document has been registered with our solicitors along with a copy of all previous materials.

Issue Date Description By

A 01.05.12 Draft JD

B 02.05.12 Edit KV

C 04.05.12 Approve JD

D 07.05.12 Client Review KSC

E 08.05.12 Edit and Proof JD

F 09.05.12 Approve SL

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1

SHIRE OF KEMPSEY

RURAL RESIDENTIAL LAND RELEASE STRATEGY REVIEW

PUBLIC WORKSHOP

5.00 p.m. – 7.30 p.m. 18 April 2012

Kempsey Shire Council Chambers, Tozer Street, West Kempsey

TRENDS & THEMES FOR FUTURE RURAL RESIDENTIAL LAND MANAGEMENT

WORKSHOP SUMMARY & ANALYSIS TABLE

Introduction

Kempsey Shire Council commissioned Insite Planning Services in 2011 to review Council’s current, 20-year old Rural Residential Land Release Strategy. An important early step in the project was to gather

salient information about the Shire’s rural residential development. The workshop was held in Council’s Chambers on 18th

April, 2012. It was attended by a combination of residents and property owners,

property and planning professionals and local environmental groups.

Workshop objectives

1. Enable community participation

2. Allow input to the project at the start

3. Provide an outline of the project to date

4. Discuss and identify issues for future for rural residential development in Kempsey

5. To provide input to the Situation Analysis report, that will inform preparation of the new Rural Residential Land Release Strategy.

Specifically, issues raised by workshop participants and analysed in the table below will be used in the formulation of evaluation criteria for each of the 12 investigation areas discussed. Each area will be

scored in terms of their value and contribution towards sustainable development in the Shire. The criteria are grouped into 4 ‘elements’:

Social Economic

Environmental Governance

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2

The Workshop

The workshop was attended by over 40 people and conducted in these steps:

1. Welcome and agenda review.

2. Selection and overview of investigation areas.

3. STEPE (society, technology, environment, politics &economy) and SWOT (strengths, weaknesses, opportunities& threats) analyses by 5 groups. The participants were divided into the 5 groups of roughly

equal numbers to discuss strategic and specific issues pertinent to the following areas:

a. Group 1 – Kempsey Shire, in a regional context

b. Group 2 – Stuarts Point, Yarrahapinni and Barranganyatti

c. Group 3 - South Kempsey, Crescent Head & Kundabung

d. Group 4 - Frederickton, Collombatti, Aldavilla & Yarravel

e. Group 5 – West Kempsey, Euroka & Dondingalong

4. Plenary – presentation of small groups’ analyses and discussion.

5. Next steps of the review - complete a draft strategy for exhibition in July 2012.

6. Close of workshop.

Workshop Summary: Notes to the table

1. The table below summarises the issues raised by each discussion group at the workshop. A brief commentary is included regarding possible implications for the strategy. Finally the table records in

which ‘element’ (social, economic, environmental and governance) of the ESD evaluation (included in the Situation Analysis) that input from workshop participants has been used to formulate the

evaluation criteria. This establishes a nexus between the preliminary consultation of the workshop and the sustainability assessment conducted to inform the Strategy’s review, thus reflecting how

community views are included in the decision-making process that will ultimately underpin the strategy. Readers should note that all issues affect the four evaluation elements to some degree,

depending on one’s perspective, unless further strategy implications are discussed. The element that the issue is allocated to is the one of ‘best fit’.

2. Where more than one group recorded the same issue, it appears only once, in relation to the first group to raise that particular topic.

3. STEPE is an acronym for Society, Technology, Environment, Politics and Economy, topics used to stimulate discussion of issues and their strategic or long term ability to affect rural residential land

development.

4. SWOT is an acronym for Strengths, Weaknesses, Opportunities & Threats, commonly referred to as a “SWOT” analysis. This technique was used to discuss the attributes of each investigation area and

the Shire in a regional context.

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3

Shire of Kempsey

Summary Table: Rural Residential Release Strategy Review Workshop

Council Chambers, 18 April 2012

Issues Raised By Group Implications For Strategy Review ESD Criteria

Category

Group 1 Kempsey Shire and the Region

Society, Technology, Environment, Politics, Economy Society a. Economic growth prospects are limited in the

Shire. May stifle demand. Economic.

b. Ageing of population Could reduce in influence as a demand driver. Retirees could be replaced be an increased number of younger households seeking a lifestyle change or more affordable forms of housing.

Social.

c. Employment prospects poor. May stifle demand. Economic.

d. Availability of cheap, affordable land. Land value is dependent on many variables and is difficult to anticipate its long term impact. Economic.

e. Good location, half-way between Sydney and Brisbane

Maintained or increased demand from outside the Shire. Economic.

Technology a. New sewage disposal technologies require less land to dispose of treated effluent.

May contribute to smaller lot sizes, lesser environmental impacts and increased yields. Environmental.

b. Mobile phone and internet access require improvement.

This could dampen demand. Economic.

Environment a. Sewage disposal – see above; also mentioned was the possible cumulative impact of increased use of on-site waste water management.

See above. Regarding the impact of on-site sewage management, systems must be used according to prevailing soil and geological conditions.

Environmental.

b. Bush fire is a critical hazard in the Shire. Noted, this is considered in investigation area evaluation. Environmental.

c. Clearing for housing while maintaining environmental quality.

The impact of development on landscape values are analysed in the background report and the ESD evaluation.

Environmental.

d. Water supply – tanks and reticulated. Opinion appeared divided, mainly relating to costs. That it is Council’s current policy to not extend water services further into rural areas is noted.

Economic.

e. Use solar power to supplement grid supply. Power will need to be provided to new areas and possibly increased in capacity if existing areas are developed at higher densities.

Economic.

f. Flooding is a major issue. The workshop noted inaccuracies in some areas’ flood mapping. Future planning and rezoning will need to ensure only flood free land is available for house siting on rural residential land.

Environmental.

g. Climate change is a long term issue. This is beyond the scope of the strategy, as regional, Stage and even National responses are needed to address this issue.

Environmental.

h. Develop land best-suited for rural residential. Specific evaluation criteria are developed to determine land capability for rural residential Governance.

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4


Category development.

Politics a. Political climate changes. This is beyond the scope of the strategy to address. Governance.

b. Council and NSW Government relationships effect planning.

Noted, in that the State government makes the final decision on rezoning. However, the current review of legislation may result in some rezoning decision-making power being delegated to Councils.

Governance.

c. A date or timeframe for completion of the strategy is considered important.

Noted, Council aims to prepare, exhibit and adopt the strategy before the end of the year. Risks to this occurring rest with endorsement of the strategy by the NSW Government before its implementation.

Governance.

Economy No issues raised by the group.

Strengths, Weaknesses, Opportunities, Threats Strengths a. Access to health services and for ambulances is

important. All emergency services require access to rural residential areas, preferably with more than one, good quality (sealed, two land) route and being relatively close to towns where these services are based or located.

Governance.

b. River crossings at times of flood must be considered.

See above. Social.

c. Cheaper rates were seen as an incentive. This was considered in a regional context, mainly comparing with Port Macquarie, which was thought to be more expensive.

Economic.

d. Choice of environments Existing and future areas will offer a choice of landscape settings and environmental conditions. It will be important to establish subdivision and housing controls that can best respond to local conditions.

Environmental.

e. Access to beaches This is an advantage of this area, for those who wish to be closer to the coast. Social.

f. Good rural fire service Increased numbers of rural residents is a ‘double-edged sword’. It both provides an increased pool of volunteers the RFS (and other land management or emergency service, volunteer-based organisations) can draw from and may also increase pressure on their services.

Social.

g. Good schools An increase in the population of rural areas can help sustain educational and other services. Social.

Weaknesses a. Missed opportunity – airport and industrial. A longer-term strategic issue is the airport’s potential use by large-scale, commercial aviation. Council is considering options for the airport. It is therefore prudent to limit rural residential (and urban) growth in areas that could be affected by airport flight paths.

Governance.

b. Road links – Armidale Road The Armidale-Kempsey Road is being repaired and is expected to be re-opened in the second half of 2012. Regional transport links make the Shire more accessible, which is important for economic and social development.

Governance.

Opportunities a. The Shire is:

A place with a good lifestyle;

Known for home-grown talent especially Slim Dusty and the Sands brothers; and

Known as the home of Akubra hats.

These are aspects of the Shire that add to its sense of place and identity, which could attract people to the Shire.

Social

Threats a. Red tape. The planning system in NSW is, in a word, complex. There are many reasons for this. It is highly

DRAFT


5


Category likely that the outcomes of this review will require further study before land can be rezoned and developed, mainly due to the need for strategic direction for other (competing) land management issues such as biodiversity, koala habitat in particular.

b. Bad reputation linked with anti-social behaviour.

Noted, it is understood Council has initiated on-going work with local communities to address the perceptions relating to anti-social behaviour. It is however an issue beyond the scope of the strategy to address.

c. Bad press and negativity. Noted, as above.

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6


Category

Group 2 Northern investigation areas: Stuarts Point, Yarrahapinni & Barranganyatti

Society, Technology, Environment, Politics, Economy Society a. Retirees a source of demand. It seems logical that smaller lots would provide an alternative to the current range of available lot sizes;

which could better accommodate an older population, seeking a lower maintenance burden, reasonable access to services by private vehicle and to be accessible by emergency services.

Governance.

b. Lifestyle change: tree and sea changers. See above, the Shire has localities that offer a range of lifestyle opportunities and choice. Lot sizes should also accommodate potential to generate income, from growing fruit and vegetables, for example.

Social.

c. There could be demand for smaller, lower maintenance lots, say 1ha to 4ha.

See above. Economic.

Technology a. Technology does not necessarily restrict demand by those seeking lifestyle changes.

Noted. It is difficult to conclude whether poor phone reception or broad band internet access would be a negative or positive attribute. These issues are likely common to other shires in the region.

Social.

Environment a. Rural residential lots allow dwellings to face north for solar energy.

Noted, development controls can (and should) encourage people to site homes to optimise climate control and energy generation potential.

Governance.

Politics a. Political interference. Noted, this issue is beyond the scope of this strategy to address.

Economy a. Economy does not affect demand for rural residential demand, cost considered a greater factor in residential demand

Given that some of the market would consist of people buying retirement homes and holiday homes, this comment does have some weight, to the extent that disposable income is less of an issue for retirees, who would sell the family home or other investments to buy a hobby farm as a retirement abode.

Economic.

Strengths, Weaknesses, Opportunities, Threats Strengths a. Existing areas close to town. Stuarts Point would likely be bolstered by a rural residential community, although Macksville would be

the destination for higher order services. Stuarts Point’s services are limited. Social.

Weaknesses a. Poor public transport. Rural residential development can support public transport, when services are provided on established routes. Higher density can improve demand; however small-holding residents are mainly reliant on private transport.

Economic.

b. Preserve agricultural land, to help ensure food security.

Regionally significant agricultural land is not to be rezoned, according to the NSW Government Strategy for the region.

Governance.

Opportunities a. Suitable for large lots, 4ha to 8ha. Key factors to determine lot size are on-site sewage management, landscape conservation and habitat preservation.

Environmental.

Threats a. Sea level rise. Noted, this is beyond the scope of the review, like climate change. Environmental.

b. Acid sulphate soils. They are a key determining factor for determining land capability for rural residential development. Environmental.

c. Lack of employment opportunities. Noted, may stifle demand. Economic.

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7


Category

Group 3 South-eastern investigation areas: South Kempsey, Verges Creek, Crescent Head & Kundabung

Society, Technology, Environment, Politics, Economy Society a. Demand from people leaving

Sydney. Market research indicated interest in settling in the Shire from across Australia and even overseas. This trend will likely continue and may increase.

Economic.

b. Retiring baby boomers and old surfers.

Already addressed. Social.

c. Tree changers are ‘environmentally conscious’.

New settlers’ environmental awareness may make them amendable to a range of environmental initiatives (energy generation and water conservation and the like)

Environmental.

d. Land is affordable for young couples.

The cost of urban land release has risen and may be making rural-residential land more affordable Economic.

e. Larger lots offer space and privacy. Amenities offered by rural residential land differ from those or urban areas Social.

f. Maria River Road & Loftus Road areas offer cheap land.

These areas are constrained (probably contributing to lower market values). Economic.

Technology a. Roads are the only form of access. Sealed, two-way access is necessary from small lot areas to urban services in Kempsey and Macksville, if land is rezoned in the Stuarts Point, Barranganyatti and Yarrahapinni investigation areas.

Social.

b. On-site water supply. Council’s current policy requires on-site water storage. Some existing rural residential areas have reticulated water, and some extensions are planned, no new areas will be provided water due to this policy.

Economic.

Environment a. National parks nearby. These add to the Shire’s qualities and require protection. Large, rural lots are needed next to national parks, nature reserves and the like to buffer them from human influence (weeds and domestic/feral animals, for instance)

Governance.

b. Koala habitat is a critical issue. A key issue to be considered in evaluating the investigation areas. Environment.

c. People use rural residential blocks for growing fruit trees and vegie gardens.

There will likely be continued demand for larger ‘hobby farm’ lots, so people are able to generate some income from the land, from growing fruit and vegetables, for example. This view contrasted with other views expressed, that smaller lots (around 1 ha) are needed to cater for other market segments. It would therefore appear necessary to provide a variety of lot sizes to cater for lifestyle and income generating needs.

Governance.

Politics a. Council could allow more residential blocks.

If release of urban land (i.e. lot prices) becomes more expensive then demand for rural residential properties may increase.

Economic.

Economy a. 100 acres (40 ha) is unviable for farming.

Noted, although this is beyond the scope of the strategy. Perhaps the inference here is that economically unviable farms could be considered for other uses.

b. Marginal country could be used for other purposes, including rural residential.

This is possible, provided other criteria (environmental, social and economic) are satisfied. Governance.

c. Cost of developing land is too high. Addressed, this comment mainly related to urban land release, although costs are also increasing for the planning and subdivision of rural residential property.

Economic.

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8


Category d. Contributes to construction

industry. There are varying degrees of economic and social benefit to flow from increased rural residential development.

Economic.

Strengths, Weaknesses, Opportunities, Threats Strengths a. Close to beach and Kempsey Crescent Head, South Kempsey and Verges Creek are some of the best-situated rural residential areas. Social.

b. Crescent Head Road 8ha. Dulconghi 1ha.

The area presently provides a range of lot sizes. Social.

Weaknesses a. Lack of facilities. This contrasts with the access offered by the area. Social.

Opportunities a. Most of Crescent Head has (holiday) rental properties – rural residential provides affordable accommodation in the area.

This indicates the housing market is influenced by the tourist accommodation/holiday home market (i.e. investment from non-residents). This often inflates the price of homes in holiday destinations such as Crescent Head. 2006 Census data indicates there was a total of 714 dwellings occupied and 386 unoccupied; indicating some 35% of the village’s housing stock was used as holiday homes and tourist accommodation.

Economic.

b. Crescent Head school draws most of its students from rural areas on Crescent Head Road.

Increased rural residential density would further support local services. While NSW Government strategy requires support for inland towns and villages, there is also a case to support coastal communities, especially those economically reliant on seasonal industries like tourism.

Social.

c. Increase in online services reduces travel demand.

Addressed earlier. Social.

Threats d. Poor road condition Road condition will be a factor considered in the evaluation of investigation areas and the Strategy. Social.

e. Undesirable areas: e.g. Middleton Street, South Kempsey & Greenhill.

Noted, beyond the scope of the Strategy.

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9


Category

Group 4 North-western investigation areas: Frederickton, Collombatti, Aldavilla & Yarravel

Society, Technology, Environment, Politics, Economy Society a. There is a preference for smaller

lots 1ha, not 8ha. A broad array of lot sizes is available in this investigation area, depending on access (smaller lots) and degree of vegetation cover (larger lots). Maintaining amenity and managing hazards (flood & fire) are key issues.

Economic

Technology Issues covered by previous groups.

Environment a. Small lots are easier to maintain. Already addressed.

Politics b. Land is ‘locked-up’. The meaning of ‘locked-up’ referred to the land being unviable for agriculture due to the 8 ha minimum lot size permitted in the 1 (g) zone. Increasing permitted densities would allow more efficient use of land.

Governance.

c. Clearing is restricted (“green tape”)

Related to paragraph b above.

d. Planning issues Related to paragraph b above.

e. Change of government brings uncertainty

Noted, this suggests a need for the strategy, which is a long term plan, to be robust and sound in its analysis, conclusions and recommendations.

Governance.

Economy a. Development increases the rate base.

While this may be so, rates is only one source of local government income. However employment and social benefits that can be brought about by an increased and more diverse population derived from rural residential growth are related, potentially beneficial factors to consider.

Social.

b. Fewer buyers in a slow economy.

This contrasts with the view that rural residential demand is somewhat independent of economic trends. Observations in the field indicate that demand is slow.

Economic.

c. Costs more to produce rural residential land than its sale value.

Addressed above.

d. 2004 to 2008 / 85 lots - 2008 to 2012 / 44 lots

These figures indicate the differentiate between the earlier ‘boom’ in sales, whereas the market has been ‘depressed’; while noting an average 10 lots are still being sold per annum.

Economic.

Strengths, Weaknesses, Opportunities, Threats Strengths a. Access to sporting facilities and

parks. Support for facilities can be supported by increasing the local population. Social.

b. Much land is flood free. As noted, only flood free land can be developed for rural residential housing. Environmental.

c. Good access to Kempsey. As above.

d. Industry employment potential. This observation relates to employment potential from land-use change that may result from the interchange under construction near Frederickton. Due to improved employment prospects, increasing rural residential supply near Frederickton to capitalise on (and possibly help realise) this potential is an important consideration.

Economic.

Weaknesses a. Loss of amenity from major roads.

Proximity to main roads requires design guidelines. Direct access to main roads from rural residential development is prohibited, by and large.

Governance.

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10


Category b. Lacking water supply. Tank supply is the only realistic option, noting Council’s policy to not extend water mains in rural areas.

However, there is potential to extend water mains between Spooners Avenue and Frederickton. An increase in density may support extending water supply in this and other existing rural residential areas.

Economic.

Opportunities a. Committed land owners. Noted.

b. Potential to permit smaller lots. Addressed earlier, analysis leading to the strategy will identify areas that are best able to accommodate increased density.

Governance.

c. Nursing home in Frederickton provides employment.

New employment augurs well for population growth. New employment generators such as the nursing home in Frederickton respond to demographic shifts and restructuring of the Shire’s economy over the last few decades.

Economic.

d. Frederickton has spare retail capacity, potential to increase tourist market.

As above. Economic.

Threats

a. Delay in obtaining approvals. Addressed earlier.

b. Red tape process Addressed earlier.

c. Environmental issues complex. Addressed earlier.

d. Rule changes cause rising costs Addressed earlier.

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11


Category

Group 5 South-western investigation areas: West Kempsey, Euroka & Dondingalong

Society, Technology, Environment, Politics, Economy Society a. Real estate demand will drive development

in the eastern parts of the Shire. This remark suggests higher demand in the eastern (coastal) part of the Shire, compared to the more rural, western areas.

Economic.

b. Collombatti area is largely bushland. Noted, it will be important to retain the character of this area. The extent of bushland is a significant contributor to its scenic quality and character.

Environment

c. Opportunity for landowners to cash in. Noted.

d. Lots should be permitted to 0.5 ha. Noted, addressed above.

e. Land capability must be carefully considered, even if the land is not “prime” agricultural land.

The strategy will consider a range of environmental factors that determine the suitability of land for rural residential development.

Environmental.

f. Rural residential development increases housing choice in the Shire. It was noted that people often work in the Shire and do not live in it.

The strategy review provides opportunity to explore other options to increase housing choice in the Shire. Inherent to rural residential areas is their location further from urban areas. This form of development exists, as does our ability to commute relatively long distances, due to the availability of private vehicle transport.

Social.

g. New rural residential occupants tend to care about the environment.

Addressed earlier.

Technology a. Maintenance of roads. This is an on-going cost factor for Council to consider and a significant factor in requiring sealed road access.

Economic.

b. Improved access increases demand. Accessibility is a key factor, as noted. Economic.

c. Energy and water self-sufficiency reduces costs.

People can reduce their energy and perhaps water costs by having their own production and storage capacity.

Economic.

d. Planning can (or should) encourage efficiencies.

Incentives to promote sustainability could be offered. Economic.

Environment a. Need to consider ecologically sustainable development, including koala habitat and corridors.

Addressed above. Environmental.

b. Pollution of waterways. Related to this is the capacity to safely treat and dispose of sewage. On-site management is the current policy of Council, for new and existing small acreage areas. The capacity of soils and geology determines the type of technology used.

Environmental.

c. Consider quality of the built environment. The analysis includes the current and likely impact of further development. Environmental.

d. Biodiversity offsets should be the last resort.

A range of options is available to conserve Koala (and other species) habitat, which are examined by the analysis to inform the strategy.

Environmental.

e. Restrictions to preserve the environment This remark suggests there is scope to improve planning controls, possibly developing a Governance.

DRAFT


12


Category can be circumvented. performance based, rather than a prescriptive approach.

Politics a. Poor co-ordination of three levels of government.

There is a particular need for on-going co-ordination between governments, especially in addressing regional issues.

Governance.

b. Regional Councils would likely change planning policy and practice.

Noted, beyond the scope of the strategy, although structural change of administrations could lead to different approaches to land use planning.

Economy a. No jobs for young people. This is likely a minor detriment to rural residential demand from people moving to and from within the Shire.

Social.

b. GFC has affected the Shire. Beyond the scope of the strategy. However the strategy’s planning horizon of 25 to 30 years suggests that it will be applied over several economic cycles. It must be robust to withstand economic fluctuations.

Governance.

c. Western areas are cheaper and are attracting people.

Addressed earlier.

d. Further study needed to secure Koala habitat.

Council’s koala management plan is considered in the strategy’s review; noting this plan identifies the need for more detailed field work. This (along with other factors, such as NSW Government requirements) affects the ability of the strategy to make firm recommendations regarding land use change within the investigation areas.

Governance.

Strengths, Weaknesses, Opportunities, Threats Strengths a. Attractive views. Addressed above, it will be important to maintain the scenic qualities of the Shire. Environmental.

b. Close to schools. West Kempsey and Euroka have good access to town-based services. For this reason these areas (and South Kempsey) are ranked higher than localities further from services.

Governance.

Weaknesses a. Unsafe roads. Road conditions are considered and recommendations will be made to upgrade them when necessary.

Governance.

b. Poor access from rural residential areas to Kempsey. South Street could be connected to provide an alternative to Middleton St.

Depending on traffic growth and funding in particular, the scope to make the South Street connection could be considered.

Governance.

c. No sewerage. This observation suggests that demand could be higher in areas with reticulated services. Economic.

Opportunities a. Area has supply of flood free land. Noted. Environmental.

Threats a. Bush fire. Access for emergency vehicles and to provide exit routes are considered. Site planning must apply Rural Fire Service guidelines for asset protection, risk minimisation and hazard reduction, escape routes and fire fighting.

Governance.

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APPENDIX 5Sustainability Assessment Framework

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DRAFT


IntroductionDescribed below are the key components of the sustainability evaluation framework and how a matrix was developed and used to analyse the contribution to ecologically sustainable develop-ment of the areas being considered for inclusion in the Kempsey Rural Residential Land Release Strategy.

Matrix Elements & MethodSustainability Evaluation ProcessThe flowchart summarises the process used to arrive at a sustainability ranking for each area.

Matrix ElementsThe elements of the sustainability evaluation matrix refer to the “corner-stones” of Ecologi-cally Sustainable Development (ESD) that have been adopted by Kempsey Shire’s ESD Strategy (2007). They are accepted principles relating to how a policy, plan or strategy can best contrib-ute to the desired outcome – ESD. In local government terms the elements may be described as:1. Society2. Economy3. Environment4. GovernanceThese elements reflect the goals and strategies of Council’s Delivery Plan, which in turn is de-signed to implement the Shire’s 20-year Community Strategic Plan.

Sustainability CriteriaStrategy-specific objectives were developed from a review of project objectives, Council plans, NSW Government requirements and community consultation; and placed within each element. Developing the sustainability evaluation criteria took the following steps:1. A preliminary evaluation of existing and potential rural residential areas in Kempsey Shire2. A review of the project objectives.3. A review of the Department of Planning’s Regional Strategy for the Mid-North Coast, includ-

ing its Sustainability Criteria.

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4. An analysis of the Department of Planning’s Settlement Planning Guidelines (Mid & Far North Coast Regional Strategies), August 2007.

5. A review of relevant Council strategies and plans.6. Conducting a workshop during the first phase of the project, to identify and discuss issues

considered important by stakeholders, which included residents, property owners, environ-ment groups, Councillors and Council staff.

The evaluation criteria are shown in table 2 and have been formulated to be applied to all ar-eas, noting there were a number of criteria common to a number of the documents reviewed. A number of possible criteria were omitted because the score would have been the same for all areas thus their inclusion would not have contributed to a comparative evaluation of existing and potential rural residential areas.

Score and RankingOnce the sustainability opportunities and limitations of each evaluation area were considered against each objective, a score from 1 to 3 was given using the assessment criteria in Table 2. To arrive at a score in the 1-3 range for each investigation area, the total scores against each objective were averaged by the number of objectives in each element.Table 3 records the elements’ scores and total score for each of the areas under evaluation based on the score (out of 3) for each element.Tables 4 and 5 complete the evaluation by describing and assigning a sustainability ranking to each area. This ranking is an objective tool for decision-making in strategy development; a tool based on the relative ability of each area to contribute to ESD in Kempsey Shire.Developing the sustainability evaluation objectives

1. Evaluation of Existing Rural Residential Areas and Investigation areasThe areas being investigated for the first stage of the strategy review encompass land zoned and land adjacent to land zones for rural small holdings. Under the current 1987 LEP these are the 1(c) Rural Small Holdings zone and the 1(g) Rural Enterprise Small Holdings zones. Respec-tively they permit minimum lot sizes for subdivision and subsequent erection of dwellings (one per lot) of 1 ha, 4 ha and 8 ha. The following localities are shown in map 4 (Appendix 1) and comprise existing rural residential areas and land being investigated to determine their capability for rural residential develop-ment.1. South West Rocks & Arakoon2. Collombatti3. Frederickton4. Aldavilla & Yarravel5. West Kempsey6. Verges Creek7. Euroka & Dondingalong8. South Kempsey9. Crescent Head10. Kundabung11. Stuarts Point & Yarrahapinni12. Barranganyatti

DRAFT


Parts 4 through 10 of this Background Report summarise and analyse the key policy, legislative, market, infrastructure and environmental conditions in which the strategy is being prepared. Part 10, Environmental Conditions, concluded its analysis for these 12 locations by stating where and how rural residential development could occur, while noting key environmental limi-tations in each area. This is the starting point for the evaluation, with the criteria in table 2 below also considering the ability of each area to provide adequate access and infrastructure; and meet strategic policy requirements.

2. Incorporation of Project ObjectivesKey objectives are:• To update the current rural residential strategy• Identify requirements for short, medium and long term land releases• To be part of Kempsey Shire’s Local Growth Management Strategy• To rationalise (reduce or find new uses for) the 1 (g) Rural Small Agricultural Enterprises

zonePerhaps of most relevance to the review is the last objective, to reduce the need to release more land and make better use of existing (adequate) infrastructure and access to services in towns or villages.

3. Developing Evaluation Objectives from the Department of Planning’s Regional Strategy for the Mid North CoastThe strategy addresses rural residential development and sets out sustainability criteria for “in-novative” development proposals. These criteria are intended for use in assessing urban settle-ment proposals not included in the regional strategy. Despite their prime purpose, they have been considered in developing the project sustainability matrix. Objectives based on the NSW Government’s strategy feature in the Governance element of the matrix.

4. An Analysis of the Department of Planning’s Settlement Planning Guidelines (Mid & Far North Coast Regional Strate-gies), August 2007The guidelines set out the NSW Government’s requirements for preparing settlement strate-gies. Market demand for and the supply of rural residential land (as part of the residential market) must be considered in each local government area of the region.

5. A Review of Relevant Council Strategies and PlansCouncil’s Delivery Plan 2012 - 2016 provides overall strategic direction mainly for Council’s plan-ning operations and services.

6. Stakeholder Workshop OutcomesThe results of the workshop held in April 2012 have been considered and where apt, incorpo-rated into the evaluation criteria.

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Table A: Element ESD scoring criteria

Element Criteria Score

Social

No or low social benefitsModerate social benefits for stakeholdersSignificant social benefits across multiple stakeholders (community wide)

123

Economic

No or low economic benefitsModerate economic benefits for stakeholdersSignificant economic benefits across multiple stakeholders (commu-nity wide)

123

Environmental

No or low environmental benefitsModerate environmental benefits for stakeholdersSignificant environmental benefits across multiple stakeholders (com-munity wide)

123

Governance

Not within scope of Council’s responsibility or beyond Council’s con-trolIdentified as a corporate commitment (Delivery Plan 2012-2016)Council’s legislative and policy oblications to the NSW Government satisfied

1

23

The investigation areas are numbered in the tables thus:1. South West Rocks & Arakoon2. Collombatti3. Frederickton4. Aldavilla & Yarravel5. West Kempsey6. Verges Creek7. Euroka & Dondingalong8. South Kempsey9. Kundabung10. Crescent Head11. Stuarts Point & Yarrahapinni12. Barranganyatti

DRAFT

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Kem

p-se

yKu

ndab

ung

Cres

cent

He

ad

Stua

rts P

t &

Yar

ra-

hapi

nni

Barr

ang-

anya

tti

Soci

al2.

52.

53

22

22

32

2.5

1.5

1.5

Econ

omic

1.34

2.34

2.34

21.

342

1.67

2.34

2.34

1.67

1.67

1.67

Envi

ronm

ent

1.6

2.4

2.4

22.

42

1.8

22.

41.

62

2Go

vern

ance

1.34

2.67

2.34

21

22

1.67

2.67

2.34

22

Tota

l Sco

re6.

789.

9110

.08

86.

748

8.01

9.01

9.41

8.11

7.17

7.17

DRAFT

SHIR

E O

F KE

MPS

EY R

URA

L RE

SIDE

NTI

AL L

AND

RELE

ASE

STRA

TEGY

Tabl

e D:

ESD

Ran

king

Des

crip

tions

Ove

rall

Rank

ing

Tota

l Sco

re

Desc

riptio

nA

11-1

2Ex

celle

nt c

ontr

ibuti

on to

sust

aina

ble

deve

lopm

ent e

xpec

ted.

B9-

10Hi

gh c

ontr

ibuti

on to

sust

aina

ble

deve

lopm

ent e

xpec

ted.

Are

a sh

ould

be

deve

lope

d, su

bjec

t to

reso

lutio

n of

out

-st

andi

ng is

sues

or f

urth

er in

vesti

gatio

n.C

7-8

Mod

erat

e co

ntrib

ution

to su

stai

nabl

e de

velo

pmen

t exp

ecte

d - s

houl

d on

ly b

e co

nsid

ered

for d

evel

opm

ent a

fter o

ut-

stan

ding

issu

es a

re re

solv

ed, i

f pos

sible

.D

5-6

Smal

l con

trib

ution

to su

stai

nabl

e de

velo

pmen

t exp

ecte

d - p

ossib

ly sh

ould

be

cons

ider

ed n

o fu

rthe

r.E

4U

nsus

tain

able

- do

not

con

sider

furt

her.

Tabl

e E:

ESD

Ran

king

s of A

reas

Eva

luat

ed

Area

Scor

eES

D Ra

nkin

g1

Sout

h W

est R

ocks

& A

rako

on6.

78D

2 Co

llom

batti

9.91

B3

Fred

eric

kton

10.0

8B

4 Al

davi

lla &

Yar

rave

l8.

0C

5 W

est K

emps

ey6.

74D

6 Ve

rges

Cre

ek8.

0C

7 Eu

roka

& D

ondi

ngal

ong

8.01

C8

Sout

h Ke

mps

ey9.

01B

9 Ku

ndab

ung

9.41

B10

Cre

scen

t Hea

d8.

11C

11 S

tuar

ts P

oint

& Y

arra

hapi

nni

7.17

C12

Bar

rang

anya

tti7.

17CDRAFT

SHIR

E O

F KE

MPS

EY R

URA

L RE

SIDE

NTI

AL L

AND

RELE

ASE

STRA

TEGY

DRAFT

Shire of Kempsey: Background Report for Rural Residential ... · sulphides will react with oxygen...

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Transcript of Shire of Kempsey: Background Report for Rural Residential ... · sulphides will react with oxygen...