georgia rayner …€™ve looked at the draft rural residential land release strategy and note that...

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Donna Pearson

From: Georgia Rayner <[email protected]>Sent: Thursday, 10 October 2013 11:08 AMSubject: FW: Rural Residential Land Release StrategyAttachments: final sub 091013.pdf

Georgia Rayner ║Coordinator Strategic Planning and Natural Resources ║ Sustainable Environment ║Kempsey Shire Council ║PO Box 3078 West Kempsey 2440 ║Ph: 02 6566 3200 Fax: 02 6566 3245 Info for Kempsey Shire Council Records Council reference No :848 As part of Council’s initiative to reduce paper use we encourage as much correspondence to be sent via email as possible. If you believe this is an option that you would like to use, please send your letters to [email protected]

From: Peter Chapman [mailto:[email protected]] Sent: Thursday, 10 October 2013 11:02 AM To: Georgia Rayner Subject: RE: Rural Residential Land Release Strategy Hi Georgia, Please find attached our submission. Is this email copy sufficient for Council’s purposes or should I also send in a hard copy by post? I don’t believe that our clients have made a rezoning request/ planning proposal for this site. Is there an indicative timeframe for when you’re likely to be putting a report to Council on the Rural Residential Land Release Strategy?? Kind Regards Peter ------------------------------------------------------------

Peter Chapman B Urb & Reg Plan, Grd Dip L. Govt & Envr Law, MICTC, MPIA, CPP Director

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Ph: 02 6583 1305 Fax: 02 6583 1368

E-mail: [email protected]

Mobile: 0428 7700 49

PO Box 2196 PORT MACQUARIE NSW 2444 www.allaboutplanning.com.au Disclaimer: This message contains privileged and confidential information intended for the use of the addressee named above. If you are not the intended recipient of this message you are hereby notified that you must not disseminate, copy or take any action or place any reliance on it. If you have received this message in error please delete it. ------------------------------------------------------------

From: Georgia Rayner [mailto:[email protected]] Sent: Wednesday, 9 October 2013 10:05 AM To: '[email protected]' Cc: [email protected] Subject: RE: Rural Residential Land Release Strategy Hi Peter – The commentary you identified is what I think is relevant. You could also look at table 3.2 on pages 9 and 10 of the Draft Rural Res Strategy document for overview comments. We have advised all those seeking their land for inclusion to apply the same criteria we used including the ESD assessment criteria when seeking to justify their land for inclusion in the strategy. Hope that information is of assistance. Do you know if your clients submitted a specific rezoning request, I just can’t recall the names. If they have let me know and I will see if I have any specific comments on that. Cheers Georgia Rayner ║Coordinator Strategic Planning and Natural Resources ║ Sustainable Environment ║Kempsey Shire Council ║PO Box 3078 West Kempsey 2440 ║Ph: 02 6566 3200 Fax: 02 6566 3245 Info for Kempsey Shire Council Records Council reference No :848 As part of Council’s initiative to reduce paper use we encourage as much correspondence to be sent via email as possible. If you believe this is an option that you would like to use, please send your letters to [email protected]

From: Peter Chapman [mailto:[email protected]] Sent: Friday, 4 October 2013 11:42 AM To: Georgia Rayner Cc: [email protected] Subject: Rural Residential Land Release Strategy Hi Georgia, Hows things? We’ve been engaged to prepare a submission to the above on behalf of Justin & Sacha Kennedy (and their families) who live on Lot 279 DP 43929, No. 50 Rifle Range Road (South Kempsey)‐ ref attached. I’ve looked at the draft Rural Residential Land Release Strategy and note that while its listed as potential rural residential land (map 5) that it hasn’t been included in the final assessment (map 16).

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Further to the commentary given on map 16 regarding land excluded, can you give me some specific comments on my clients site given it is 80%+ cleared, shouldn’t have a high bushfire risk(?), that its not 1, 2a, 2b Koala Habitat, not an EEC and that its not contiguous with the Maria National Park (ref map 20). There are 3 historical dwellings on the site which Council has been ‘discussing’ with the property owners and they were hoping (aside from any merit considerations that we can make) that inclusion within the rural residential strategy would be a start to the process to resolve this. With thanks and kind regards, Peter ------------------------------------------------------------

Peter Chapman B Urb & Reg Plan, Grd Dip L. Govt & Envr Law, MICTC, MPIA, CPP Director

ALL ABOUT PLANNING

Ph: 02 6583 1305 Fax: 02 6583 1368

E-mail: [email protected]

Mobile: 0428 7700 49

PO Box 2196 PORT MACQUARIE NSW 2444 www.allaboutplanning.com.au Disclaimer: This message contains privileged and confidential information intended for the use of the addressee named above. If you are not the intended recipient of this message you are hereby notified that you must not disseminate, copy or take any action or place any reliance on it. If you have received this message in error please delete it. ------------------------------------------------------------

Attention

This message may contain privileged and confidential information intended only for the use of the addressee named above. If you are not the intended recipient of this message, you must not disseminate, copy or take any action in reliance on it. If you have received this message in error, please notify Kempsey Shire Council immediately.

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our ref: 2013-032

9th October 2013

General Manager

Kempsey Shire Council

PO Box 3078

WEST KEMPSEY NSW 2440

Attn: Georgia Rayner

Dear Georgia

RE: PUBLIC EXHIBITION DRAFT KEMPSEY LOCAL GROWTH MANAGEMENT

STRATEGY RURAL RESIDENTIAL COMPONENT

REQUEST INCLUSION OF LOT 279, DP 43929 NO. 50 RIFLE RANGE ROAD, KEMPSEY

On behalf of the Kennedy family, owners of Lot 279 in DP 43929 No. 50 Rifle Range Road, Kempsey

(the subject site) I write to request Council identify this property for rural residential rezoning and

development within the Draft Kempsey Local Growth Management Strategy Rural Residential

Component (the Draft Strategy) currently on exhibition.

I have reviewed the Draft Strategy, the Background Report and associated plans and documents that

Council currently has on exhibition. I note that whist the subject site was identified in the First

Capability Assessment (ref Map 5: Verges Creek and South Kempsey First Capability Assessment) as Rural

Residential Potential land, it has not been included in the final Capability Assessment (ref Map 16:

South Kempsey Rural Residential Capability) or the Release Staging (ref Map 27: South Kempsey Release

Staging) of the Draft Strategy. The site is not therefore currently identified for rezoning to rural

residential/ Large Lot Residential in the Draft Strategy.

It is our submission to Council that the subject site should be rezoned to allow rural residential/

Large Lot Residential development for the reasons outlined below in this submission.

The Subject Site

The subject site is legally known as Lot 279 in DP 43929 No. 50 Rifle Range Road, Kempsey. It is an

(overall) triangular shaped property with an area of approximately 6.8ha, a gentle undulating

topography and an attractive (predominant) north facing aspect. The site is largely cleared with

three (3) existing, historical farm dwellings which are each occupied by different members of the

Kennedy family (ref. site and locality aerial photos below).

The subject site is located just south of Crescent Head Road, only 3.4km by road from Macleay

Valley Way/ Lachlan Street. It is immediately adjoined by existing rural residential development (1(c)

zoned land) to the north fronting Crescent Head Road and Rural 1(a1) land to the west, south and

immediately east of the site. The site adjoins the northern end of the Macleay Valley Regional

Shooting Range to the east and which adjoins more existing rural residential development (1(c) land

on the eastern boundary in Stanley Folkard Place (ref zoning plan following).

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Figures 1 & 2: Aerial photos of subject site and locality


Figures 3, 4 & 5 Photos of 3 existing historical dwellings on subject site

Figure 6: View of subject site to the north


Existing Zoning of Site

The site is currently zoned 1(a1) Rural under the Kempsey Local Environmental Plan 1987, but

immediately adjoins land to the north (and across the rifle range) to the west zoned (1c) Rural Small

Holdings as outlined in the zoning plan extract from the LEP following.

Under the Draft Kempsey Local Environmental Plan 2012 the site is currently proposed to be zoned

RU2 Rural Landscape.

It is my submission to Council that the subject site should be identified in the Draft Strategy and

rezoned to allow Rural Residential/ Large Lot Residential development for the reasons outlined

below:

The subject site is not listed on Map 20: Verges Creek & South Kempsey Composite

Environmental Conditions, of the Background Report to the Draft Strategy as:

- Koala Habitat 1, 2A, 2B or 3

- Potential or actual EEC

- SEPP 26 Littoral Rainforest

- SEPP 14 Wetland

- Regionally Significant Farmland

- Flood Plain

- Adjoining a National Park, Nature Reserve or State Forest

Further to the above, within the discussion of the Background Report to the Draft Strategy

within Section 10 Environmental Conditions, subheading 10.2 Environmental Conditions in the

Investigation Areas provides detailed discussion of the environmental analysis which informed the

selection of proposed additional rural residential areas within each investigation area. The

discussion of the environmental constraints within the South Kempsey area under subheading

10.2 does not relate to, or include constraints affecting, the subject site.

Figure 7: Zoning Plan extract from Kempsey LEP 1987


In view of the above, the comments on Map 16: South Kempsey Rural Residential Capability, of

the Draft Strategy that “Areas of class 1, 2a & 2b koala habitat and potential endangered ecological

community have been removed in South Kempsey” do not apply to the subject site and cannot be

used to exclude it from rural residential development.

Further to the above, the comment on Map 16 that “Some of the heavily timbered land south of

Crescent Head Road previously considered is also affected by a rifle range”, does not apply to the site

(refer also following point) and is not a prohibitive constraint on rural residential development

as it is already 80-85% cleared.

In regard to the proximity of the rifle range, a number of matters need to be considered which

upon review establish that this is not prohibitive to rural residential development of the site:

o the rifle range is within a large lot of Crown Land which has an area of 79

hectares (excluding area south of the railway line); the subject site is located

adjoining only the very northern area of the rifle range which is occupied by the

internal access road into the site. The main firing range is approximately 300m

south of the closest dwelling on the subject site (ref Figure 2 Locality Plan of this

submission) and therefore no existing dwelling on the subject site is not located

in close proximity to the actual locations in which firearms are used.

o The main firing range site is adjoined immediately to the east by eight (8)

dwellings situated as close as 200m from each other and to the north by two (2)

existing rural residential lots zoned 1(c) Rural Small Holdings in Stanley Folkard

Place and Rifle Range Road. The subject site is significantly less affected by noise

from the rifle range than these existing rural residential lots to the east and

north which are much closer to the 2 firing ranges (ref above point). It is only

reasonable therefore that my client’s property on the west of the rifle range is

rezoned to allow the same rural residential development which is already

present to the east and north of the rifle range and which will be much less

affected than these other properties.

o The primary motivation for this request is so that the three existing dwellings on

site can be allocated a part of the lot to bring them into compliance with the

Council’s minimum lot size standards. There is no clear desire at this stage to

pursue additional dwellings on the site.

o Furthermore, any future rural residential development of the subject site can be

located away from the rifle range and would be subject to a development

application process involving Kempsey Shire Council and which proximity of

adjacent land uses would be a relevant matter in determining that application

and which conditions of consent could include acoustic window treatments if

deemed necessary in the circumstances.

o Lastly in respect of the adjacent rifle range land use, it is relevant to note that

this use only operates during daylight hours and intermittently through the week

and therefore poses no intense or significant impact to the rural residential

amenity of the area.

Council’s comments on Map 16 continue by stating “This land (discussed above), and land zoned 1

(g) off Settlers Way is also excluded from further consideration, as it is contiguous with the Maria

National Park. Larger lots are usually favoured adjacent to the national park estate”. This comment is

not relevant to the subject site as the site is not in any way contiguous with the Maria National

Park. At its closest point the Maria National Park is just over 2.5km to the south of the site.


The comments on Map 16 also state that “There is also the probability of high bush fire risk in this

area, which has limited access to the north”, this is not a prohibitive constraint for the site as the

site is predominantly cleared and there will not be difficulty in achieving any required Asset

Protection Zones for any future rural residential dwellings on the site, should they be desired at

a later stage. Also it is noted the site has excellent vehicular access to Crescent Head Road for

any necessary evacuation in an emergency.

The proposal will not result in any uneconomic or unreasonable servicing costs to Council. The

subject site is already serviced by reticulated town water and mains electricity. Council already

provides garbage collection services to the adjoining rural residential (1(c)) development and the

each of the 3 existing dwellings on the site already have onsite sewerage disposal systems (as do

the adjoining rural residential development).

The subject site has 3 existing detached dwellings which have historically been present and which

have all been continually occupied by the existing family owners. In the absence of information

to confirm otherwise (regarding any possible approvals granted for the erection of these

dwellings) the rezoning of the site would (in this scenario) facilitate the rectification of an

existing non-compliance with Council’s minimum lot size for the 3 dwellings on the site.

The subject site is in close proximity to Kempsey only being 3.4km (by road) from Macleay

Valley Way/ Lachlan Street and is in an attractive, scenic area with good access to Council

services and utilities. Therefore it is anticipated that there would be a high market demand for

any future rural residential blocks.

The subject site is not listed as Regionally Significant Farmland on the NSW Department of

Planning and Infrastructure’s Mid North Coast Farmland Mapping Project (2009) (being

categorised as ‘Other Rural Land’) and is therefore not prohibited for rural residential

development expansion as illustrated on the following plan extract:

It is also noted that it is not categorised as Biophysical Strategic Agricultural Land under the

Strategic Agricultural Land Map of the 2013 modifications to State Environmental Planning

Policy (Mining, Petroleum Production and Extractive Industries) 2007.

Sustainability Evaluation

Further to the above and as a summary of the points made in this submission, the following analysis

of the ESD Evaluation Criteria used in the Draft Strategy as they relate to the subject site (from

Section 12 Sustainability Evaluation of the Background Report) is provided.

Figure 8: Mid North Coast Farmland Mapping Project (2009) plan extract detailing subject site


This analysis confirms that the subject site complies with the Draft Strategy and that it should be

identified for rural residential development and be rezoned as such.

Evaluation Criteria Criteria

Achieved Comments

Society Provides (or has potential to

provide) safe and cost-effective

two-way sealed road access.

Site currently has two way graveled road access to Crescent

Head road which can easily be upgraded to a sealed road.

Supports services of the Shire’s

towns and villages. Site is within 2 mins drive of existing Kempsey urban area

and services.

Economy Within the Shire’s capacity to

service development. Site is already is already serviced by reticulated town water

and mains electricity. Council already provides garbage

collection services to the adjoining rural residential (1(c))

development.

Supports Kempsey as a major

town centre. Site is within 2 mins drive of existing Kempsey urban area

and services

Lower cost of developing land

(fewer constraints equate to

lower development costs).

Site is not affected by constraints considered by Draft

Strategy and (as mentioned above) is already serviced (or is

easily serviced) by required utilities/ services.

Environment

Waste water can be disposed

of effectively. Each of the 3 existing dwellings on the site already have

satisfactory functioning onsite sewerage disposal systems (as

do the adjoining rural residential development).

The scenic and visual amenity

of the Shire is preserved or

enhanced.

A rural residential development of site can take place within

the predominant cleared area and will not be visually

prominent from surrounding locality.

No or little need to clear

native vegetation. Refer above comment

Enable more efficient land use

by increasing density A rural residential development of site will facilitate the

more efficient use of land in close proximity to Kempsey.

Protection of habitat and

corridors for koalas (and other

species).

Site is not listed as Koala habitat, is not part of a wildlife

corridor and is mostly cleared.

Governance Would not affect areas with

urban expansion potential. Site does not have urban expansion potential in view of

surrounding existing rural residential development.

Land use conflict avoided or

manageable. Site is already occupied by 3 residential dwellings and use

will not therefore change and no land use conflict created.

Rationalise the 1(g) zone, by

supporting new subdivision and

land use controls.

N/R

Based on the above analysis and the points made earlier in this submission the subject site will

achieve the same ESD ranking as the only area currently identified in South Kempsey investigation

area.

Further to, and as demonstrated by, the preceding discussion and analysis, (in reference to Section

3.3 Investigation Areas’ Capability Assessment of the Draft Strategy) the subject site will achieve the

same Land Capability Assessment as the already identified area in the South Kempsey Investigation

Area being the following (as extracted from Table 3.2 of the Draft Strategy):

Rural

Residential

Area

ESD Ranking Accessibility Market Demand Infrastructure

Availability Density

South Kempsey B Good Strong Good Good


Staging and Timing

In regard to staging and timing the points made in this submission demonstrate that the subject site

should be rezoned at the earliest opportunity. It has been demonstrated that the site fits the

(following) short term staging criteria from table 3.1: Land Capability Assessment & Staging Criteria of

the Draft Strategy.

Staging Land Capability Criteria Subject Site

Compliance

Short

Term

0-5

years

Infrastructure Adequate (no or minor work needed) roads

Environmental Constraints can be addressed in Planning Proposal or a DA

Town Access Good (within a 15 minute drive) with an existing or potential

alternative emergency access route

Density Can accommodate lots 1ha

Demand High

It is submitted that the rezoning of the subject site can legitimately be incorporated into Council’s

finalisation of the Draft Kempsey LEP.

Having completed an assessment against Council’s Draft Kempsey Local Growth Management

Strategy Rural Residential Component, the associated Background Report and established Town

Planning principles and practice, it has been found that the subject site should be rezoned for rural

residential development.

Should you have any enquiries concerning this submission please do not hesitate to contact the

undersigned directly.

On behalf of the owners of the subject site thank you for the opportunity to make this submission

regarding Lot 279 DP 43929 No. 50 Rifle Range Road, Kempsey.

Yours sincerely,

Peter Chapman Bachelor Urban & Regional Planning Graduate Diploma Environmental & Local Government Law

MPIA, CPP Director

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georgia rayner …€™ve looked at the draft rural residential land release strategy and note that...

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