Department of Planning
GPO Box 39
SYDNEY 2001

Email lep@dipnr.nsw.gov.au

DRAFT LEP TEMPLATE

Our Association is concerned that consultation about this template has been rushed. We believe that its full implications are unknown and that it will undermine current policies that protect the environment and the coastal zone. The template will lower all LEPs to the lowest standard rather than raising all to the highest and it still will not achieve certainty or simplicity for the community or developers.

However, the reasoning behind several LEP templates, each for similar local government areas, is sound. With modification and redrafting they could be the basis of greatly improved planning throughout the state.

MORE TIME IS REQUIRED FOR CONUSLTATION
Coastwatchers is very concerned that this vitally important document is being rushed into place without anyone, even its writers, being fully aware of its implications. We ask that after this period of consultation the next draft be exhibited again in February or March next year, after the Christmas holiday season.

While the template will govern development in the whole state it was only exhibited for 28 days. By contrast there has been an extensive consultation period for the South Coast regional strategies, consultation which has already extended over many months even before the formal exhibition period. Council is to exhibit the Eurobodalla Rural and Urban strategies over the whole three months of summer.

IT WILL UNDERMINE CURRENT POLICIES
The government has partly funded Eurobodalla Shire to carry out extensive Coastal Capacity studies to give a scientific basis for a strategic plan for the Shire. This work has received national recognition. However, the draft LEP does not provide for special conditions where the land has environmental constraints. For example, there are many areas in the Shire that have significant remnant vegetation, some of which are habitat for threatened species. The proposed Environment Protection zone will not protect these areas. Our shire also has a 2ec (Environmental Constraints) residential zone where dual occupancies are prohibited in particularly sensitive areas, the template has nothing that would do instead.

We are very disappointed that the provisions of SEPP 71 have been weakened. The SEPP requirements for development in the coastal zone should be mandatory, not just "considered" by councils.

IT DOES NOT IMPROVE PLANNING
The template is too broad. It is unlikely that one template could ever adequately deal with planning issues in such varied local government areas as inner Sydney, Eurobodalla Shire and somewhere in western NSW. More than one template is needed.

IT DOES NOT PROVIDE CERTAINTY OR SIMPLICITY
Councils can add land uses to zones but not delete them. The zone objectives are very broad allowing considerable scope for interpretation especially as councils only have to "consider" issues in most cases instead of ensuring that developments fully meet requirements.

In the long run there is likely to be just as much complexity and confusion throughout the state as there is now. It may be better to have different LEP templates for different parts of the state - templates that are more closely tailored to the environmental constraints and land uses of that locality.

COMMENTS ON PARTICULAR CLAUSES

6 (3) Coastwatchers supports the provision of electronic publication of the maps on designated websites in addition to having copies available for the public to inspect at Council offices. This would improve public access to information especially in a Shire like ours where so many land owners are absentee.

8 (1) and (2) If the provisions of a SEPP or REP are to be replaced by provisions in the LEP then the all the requirements of the SEPP or REP should be transposed. The LEP should not weaken the intent of the original SEPP or REP.

9 Land use zones - There are not enough zones to adequately cover all the land uses and the environmental constraints of various areas.

Residential - A zone for low density residential with environmental constraints is necessary

Rural Residential - No new rural residential zones should be permitted for lifestyle development (as opposed to small scale commercial agriculture). Where there are no environmental constraints (eg cleared grazing land of poor agriculture quality and not prone to hazards) large lots could be allowed on the fringes of settlements under the Low Density zone. The lots and building envelopes should be designed to allow for later subdivision and consolidation of the urban settlement.

Rural - Investigation - This zone should be deleted. In Eurobodalla such zoning in the past has led to speculation, land clearing and expectations for development that is environmentally unsustainable. Some of the land in this zone is now known to contain Endangered Ecological Communities or has other severe ecological constraints but it very difficult to rezone to protect the environment.

Special Area - Special Uses - This zone is too vague and should be deleted.

Special Area - Infrastructure - "Infrastructure" and "facilities" need to be clearly defined if this zone is to be kept in the template.

Environment Protection - Natural Areas - Since all land covered by this zone is (or should be) managed by the Dept of Environment and Conservation and activities are authorised by the National Parks and Wildlife Act, the land use column/list should be deleted. Councils should not add land uses.

Environment Protection - Waterways/Watercourses - These should include lakes, estuaries, riparian zones and foreshores. There should be two categories one for highly modified environments such as parts of Sydney, canals and ports; the other for relatively natural waterways and their foreshores/riparian zones. Development in or alongside natural waterways should be severely restricted

The first objective listed for Waterways/Watercourses (to protect the ecology and scenic values) should be given greater weight than the other objectives, especially where the waterway is in a relatively natural condition.

Environment Protection - Conservation - There is a particular need for more zones or sub-zones for environment protection and the land uses allowed in those zones needs to be severely limited - far too many land uses are allowed in the template. Systems as varied as wetlands, endangered ecological communities and dunes, for example, will need vastly different management.

Natural Hazards Zone - Such a zone needs to be included to cover land affected by ocean inundation, extreme bushfire danger, flooding, etc.

12 Land use matrix/table - Objectives are needed as well as a matrix or table.

13 Unzoned land - Why should there be any unzoned land? It should be included in one of the LEP zones.

19 (2) Subdivision where consent is not required
(b) Consent should be required - for example such a subdivision could result in a lot of less than the minimum size, with poor access or that is exposed to bushfire hazard, etc
(f) and (g) As public reserves are eventually left for councils to manage they should have to consent to the location of the reserve - drainage reserves and public conveniences are mentioned.

(4) "Consent must not be granted for a subdivision of land within (insert one of more rural zones) unless ….." Why is this optional? Can a rural council choose to leave out this clause?

28 Telecommunications facilities - This clause seems to be oriented towards facilities in towns. Councils should be able to refuse consent where the facility will have a significant environmental or scenic impact and where other locations can be used.

34 (2) Consent for development in the coastal zone - developments should have to meet the requirements of SEPP 71 and these matters should not just be for councils to "consider"

35 Foreshore building line - The LEP should give a guide to the distance back from the water that this line needs to be - a greater distance for shorelines that are relatively undeveloped.

(3) Does the mean high water mark apply to non-tidal waters?

(4) Consent should not be granted for all the things listed in this sub-clause unless they are necessary public facilities.

43 Development near zone boundaries - This clause is a loophole waiting for developers and their mates in councils to push it wide open. It should be deleted.

44 Excavation and filling of land - "minor nature" needs to be defined.

45 Preservation of trees - This clause should cover more than just trees, even then it is left to councils to say which ones are protected. It should be amended to cover all native vegetation, especially on public land and in rural areas. Trees should not be allowed to be removed just because they are dead - hollows are important wildlife habitats.

48 Heritage Conservation - Again the LEP template weakly requires councils only to "consider" matters.
(7) (b) Places of Aboriginal heritage significance - "effectively notify the local Aboriginal communities……" would be a better wording than "notify…in such way as it thinks appropriate"

49 Outdoor advertising - One of the things that has made Eurobodalla Shire's rural areas more attractive is the lack of billboards advertising products or things at other locations. All councils should be encouraged to follow this example. This clause will have the opposite effect and should be changed.

52 Waterbodies and riparian land - The width of riparian zones needs to be defined - it should be wider in relatively undeveloped areas and in the coastal zone.
(1) (d) This subclause should be raised to second position and reworded:
"to retain riparian vegetation in order to enhance the ecological and water quality functions of the riparian land"

(4) (a) The consent authority should take into consideration the recommendations of any relevant management plans - omit the words "of which it is aware". It is the responsibility of the consent authority to know about these plans.

53 Development on flood prone land - This clause should be widened to include land subject to coastal hazards and ocean inundation. It should not just cover mapped areas but also those reasonably suspected of being prone to such hazards.
(4) Consent should not be granted to any development in flood prone land that is likely to pollute the area if flooded.

54 Exceptions to development standards - This clause should be deleted. We have witnessed how SEPP 1 and DCPs have been abused over the years because developers are too lazy or too greedy to meet the standards.

55 Bushfire hazard reduction - Consent should be required so that environmentally significant areas can be considered. There may be other ways of protecting assets rather than excessive clearing. The lighting of "hazard reduction fires" by landowners is one of the most frequent causes of wildfires in our shire so it must be controlled.

Definitions - terms that need to be defined:

Facilities and Infrastructure - as used in Special Area Zones - Infrastructure

Foreshore building line - minimum setbacks should be specified for developed and relatively undeveloped land.

Holiday rentals - where these are really commercial premises (as distinct from a family holiday house let out for only a few weeks each year) they need to be treated similarly to other businesses such as bed and breakfast and backpacker hostels

Riparian land - The minimum width of riparian zones for developed and natural waterways needs to be defined

Waterways/Watercourses - Should be defined to include estuaries, lakes and ICOLLs. For the purposes of land uses allowed under the zoning their foreshores and riparian land should be included.

Jenny Edwards
Secretary