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Guide to the Rural Lands Planning Proposal

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Introduction

This Planning Proposal seeks to implement recommendations of the Eurobodalla Rural Lands Strategy 2016 through amendments to Eurobodalla Local Environmental Plan 2012 (ELEP 2012). In addition, there are a range of other amendments to ELEP 2012 included in the Planning Proposal.

A Local Environmental Plan is a legal planning instrument that outlines the main rules guiding development outcomes. It provides land zoning and key development standards such as minimum lot size and building height. It outlines what land uses are permitted or prohibited on certain land.

Some rural land in Eurobodalla was deferred from ELEP 2012 and this land remains zoned under the Rural Local Environmental Plan 1987 (RLEP 1987). The Rural Lands Strategy provided a transparent approach to bringing all the deferred lands into the ELEP 2012, resulting in one LEP for all of Eurobodalla. This will simplify our planning rules and provide one set of consistent development standards.

The Strategy also made recommendations to make other changes to the LEP that will maximise prospects for a vibrant agriculture sector, ensure there is a wide variety of rural living opportunities available in the rural areas, grow rural business opportunities, and support the reasonable desires of landowners to utilise their land resource while complying with the statutory requirements to conserve the biodiversity and landscape qualities of the Shire’s private lands.

The Rural Lands Strategy was developed over a four year period with significant input from the rural community in Eurobodalla, through the work of a Rural Lands Steering Committee made up of land owner representatives and through major engagement activities at key milestones. The final Strategy adopted by Council incorporated the recommendations of the Steering Committee and received strong support from the rural community.

This Planning Proposal is entirely consistent with the recommendations of the Rural Lands Strategy.

The Planning Proposal is lengthy and some of the matters are quite complex. This Guide provides plain English explanations of each matter in the Planning Proposal to assist the community in understanding the proposed changes.

Exhibition details

This Planning Proposal is now on public exhibition from 9 May 2018 to 8 June 2018.

All exhibition material can be viewed from 26 April 2018 via our on exhibition page.

Hard copies are available in Council’s three libraries at Batemans Bay, Moruya and Narooma, including loan copies, and at Council’s Customer Service Centre in Moruya.

All community members should review how the Planning Proposal may affect their land and consider whether they agree or disagree with the proposed change.

To ask questions about the Planning Proposal or discuss the proposed changes, please call Council’s Rural Lands Hotline on 02 4474 7486.

Submissions supporting or objecting to any of the proposed changes should be received by Council by the exhibition closing date of 8 June 2018.

Structure of the Planning Proposal

The planning proposal is presented in four volumes, as follows:

Volume 1 provides an assessment of all of the proposed amendments to ELEP 2012 in accordance with the Department of Planning and Environment’s Guide to Preparing Planning Proposals. This volume includes, for each proposed change:

  • an explanation of the intended outcomes of the changes
  • discussion of the need for making the changes
  • statements outlining the relationship of the changes to relevant State and local strategies, State Environmental Planning Policies and Ministerial Directions
  • the likely social, economic and environmental impacts of the changes
  • any known State or Commonwealth Interests.

There are 26 specific amendments in the Planning Proposal. Items 1 to 14 are a direct result of the Eurobodalla Rural Lands Strategy. The other items in this planning proposal (items 15 to 26) respond to a range of issues that have arisen, including land owner requests or development enquiries. Plain English explanations for each specific amendment are provided later in this Guide.

Volume 2 provides more detailed assessment of the proposed zoning and lot size for each area presented in the Eurobodalla Rural Lands Strategy 2016. This volume includes, for each area:

  • an assessment of the number of additional lots and dwellings (if any) that could potentially result from the proposed changes
  • where there is potential for additional lots or dwellings, more detailed assessment of the consistency of the proposed changes with State Environmental Planning Policies and Ministerial Directions
  • where there is potential for additional lots or dwellings, more detailed assessment of the likely social, economic and environmental impacts of the proposed changes
  • where the NSW Office of Environment and Heritage has provided recommendations to Council about the zoning or lot size of an area, a discussion on Council’s response to that recommendation.

There are 70 defined areas in the Planning Proposal. Some of the areas are quite small and relate to a small number of properties, while some areas are very large. Each area has the same proposed zoning and minimum lot size.

Volume 3 provides detailed mapping for each area identified in Volume 2, showing how land zoning and minimum lot size is proposed to be changed. This volume includes the following mapping, for each area:

  • A map of Eurobodalla showing the location of the area
  • A more detailed location map highlighting the land where changes are proposed
  • An aerial photo of the area, including topographic information, highlighting the land where changes are proposed
  • A set of maps that compare the current and proposed zoning and minimum lot size.

An Area Index Map has also been prepared to assist people in locating the areas in which they are interested.

Volume 4 presents the proposed mapping changes in the format for LEP Maps required by the NSW Department of Planning and Environment.

Importantly, these maps are not Draft LEP Maps as they only show where changes are proposed. Following exhibition of the Planning Proposal, Draft LEP Maps that include all existing information plus the proposed changes will need to be prepared.

Supporting Material

In addition to the Planning Proposal, the following information is available as part of the exhibition pages:

Accessing the maps online

In addition to the hard copy and pdf versions of the maps on display, you can access existing and proposed changes to Eurobodalla Local Environmental Plan 2012 mapping via our Public GIS available online.

Follow the links and accept the terms and conditions to find your property on the online map, zoom in and out and switch layers on and off.

For further assistance in using the Public GIS, please do not hesitate to call the Rural Lands Hotline on 4474 7486 or Council’s Development Support Team on 4474 1231.

Volume 1: What changes are proposed to ELEP 2012?

Items 1 to 14 in the Planning Proposal implement the recommendations of the Rural Lands Strategy 2016 and make related changes. Item 1 also relates to land in business and industrial zones.

Item 1: Making more land uses permitted with consent

What is proposed?

The Rural Lands Strategy recommended some additional uses for various rural zones. This item implements those recommendations, and adds even more land uses to the RU1 Primary Production and RU4 Primary Production Small Lots zone by changing the way the land use table is drafted. In the current land use table for these two zone, all uses not specifically permitted are prohibited (this is called a closed land use table). It is proposed to change this to an open land uses table where all uses not specifically prohibited are permitted.

In addition, it is proposed to make all business and industrial zones open land use tables, and it is proposed to make grazing of livestock exempt development in the E2 Environmental Conservation zone and to make boatsheds permitted with consent in this zone.

Why is this proposed?

This change is primarily about boosting economic development potential in rural and business areas in Eurobodalla. Making more uses permitted provides land owners and businesses with greater flexibility to make land use changes. It also reduces the need for future planning proposals to make further changes to ELEP 2012, saving time and money.

Item 2: Improving subdivision outcomes in the RU4 Primary Production zone

What is proposed?

The Rural Lands Strategy recommended adding the RU4 zone to clause 4.1E of ELEP 2012 to allow minimum averaging in a subdivision of RU4 zone. The clause currently applies to the E4 Environmental Living and R5 Large Lot Residential zones. This item implements the recommendation of the Rural Lands Strategy.

Minimum averaging means that new lots can be created below the minimum lot size on part of a development site, providing the total number of lots do not exceed the number that could have been created by a subdivision that fully complied with the minimum lot size.

Why is this proposed?

Minimum averaging allows for a subdivision plan to respond to the unique characteristics of a site. For example, if a lot is 20ha in size and a minimum lot size of 10ha applies to the lot, it has the potential to be subdivided into two lots. Without minimum averaging, both lots would need to be 10ha in size. With minimum averaging, the lot could be subdivided into one 5ha lot and one 15ha lot. This would suit a lot that was traversed in part by a road or creek and would allow the subdivision boundary to follow the road edges or the centre-line of the creek.

Importantly, it is proposed to limit the size of the smaller lot to no less than 2ha, to ensure that both lots created have the potential to be used for small scale rural activities, consistent with the objectives of the RU4 zone.

Item 3: Continuing dwelling entitlements

What is proposed?

In ELEP 2012, there is a clause that would extinguish historic dwelling entitlements on holdings or parcels if they were not taken up within a certain period. The Rural Lands Strategy recommended removing this clause.

ELEP 2012 also included a clause that created new dwelling entitlements to certain land that had access to a sealed road maintained by Council. The Rural Lands Strategy also recommended removing this clause.

This item implements these two recommendations and seeks to amend clause 4.2A of ELEP 2012 to confirm that lots that exceed the minimum lot size can have a dwelling.

Why is this proposed?

Dwelling entitlements can be achieved by a number of means. Some are because of historic land ownership patterns and others are because of approved subdivisions for the purpose of dwellings. While most historic dwelling entitlements have been taken up, some remain and it is considered reasonable to ensure these are retained. Importantly, we don’t know about all of the historic dwelling entitlements. Removing the sunset clause allows land owners to request dwelling entitlement searches to confirm if holdings or parcels retain the historic entitlements.

The most common means of achieving a dwelling entitlement is to have a lot larger than the minimum lot size. This does not currently apply to land zoned RU1 in ELEP 2012 or to land that retains a rural zoning under the Rural LEP 1987. This item will facilitate dwellings on lots zoned RU1 that are larger than the minimum lot size for the land.

The removal of the sealed road provision addresses a long-standing uncertainty in the rural community about this matter. All properties that benefited from this clause will retain the dwelling entitlement they gained through the addition of their land on the dwelling entitlement map.

Item 4: Making rural boundary adjustments easier

What is proposed?

The Rural Lands Strategy recommended including an additional rural boundary adjustments clause in ELEP 2012 consistent with the model clause developed by the NSW Department of Planning and Environment. This item implements that recommendation.

Why is this proposed?

At the time ELEP 2012 was made, the NSW Government’s Standard Instrument clause for rural boundary adjustments was included. Since then, it became clear that the standard clause prevented some appropriate boundary adjustments. The NSW Department of Planning then developed a new model clause for Councils to consider including in their LEPs. Including the new model clause will facilitate more rural boundary adjustments in Eurobodalla.

Item 5: Zoning rural land for rural purposes and getting the minimum lot size right

What is proposed?

The Rural Lands Strategy recommended a landscape approach to zoning and minimum lot size across Eurobodalla’s rural areas. This means that proposed zoning and minimum lot size has been selected to best reflect the characteristics of the landscape and the predominant existing zoning and minimum lot size in the area. Currently, some land is deferred from ELEP 2012 and remains zoned under the Rural LEP 1987. Under the Rural LEP 1987, no further subdivision (other than for rural purposes) is permitted in rural areas and in ELEP 2012, land zoned RU1Primary Production has a 1000ha minimum lot size.

All land currently deferred from ELEP 2012 will be zoned under ELEP 2012, thereby enabling the repeal of RLEP 2012. Most land will be zoned RU1 Primary Production, with some areas proposed to be RU4 Primary Production Small Lots or E4 Environmental Living. No land is proposed to be zoned E3 Environmental Management. In areas where the minimum lot size is proposed to change, the following range of lot sizes is proposed:

  • land proposed to be in the RU1 zone will range from 500ha in the west of the Shire to 20ha in some locations that already have smaller rural lots
  • land proposed to be in the RU4 zone will range from 2ha to 40ha
  • land in the E4 zone will range from 1000m² to 40ha.

This item implements the recommendations of the Rural Lands Strategy.

Why is this proposed?

The primary purpose of this proposal is to bring all land in Eurobodalla under ELEP 2012 and enabling the repeal of RLEP 1987. This will result in one LEP for all of Eurobodalla, simplifying our planning rules and providing one set of consistent development standards.

This proposal will facilitate up to 122 new lots and 255 new dwellings across our rural areas, increasing development potential and facilitating rural economic growth. More properties will have the entitlement to a dwelling and this will enable more land owners to both live on and farm their land.

Item 6: Removing the 1000ha minimum lot size from ELEP 2012

What is proposed?

In proposing a landscape approach to setting appropriate minimum lot sizes for rural land, the Rural Lands Strategy proposed removing the 1000ha minimum lot size for all land zoned RU1 Primary Production. However, other land in Eurobodalla currently has a 1000ha minimum lot size, including some land zoned E2 Environmental Conservation, SP2 Infrastructure, RE1 Public Recreation and RE2 Private Recreation. It should be noted that not all land so zoned has a 1000ha minimum lot size. Some of these lands have no minimum lot size.

It is proposed to remove the 1000ha minimum lot size from all land in Eurobodalla and to not apply any minimum lot size to land zoned E2, SP2, RE1 and RE2, with the exception of some land at Wharf Street, Nelligen zoned E2 where there are some dwellings and additional dwelling entitlements. A 1500m² minimum lot size is proposed for this land.

Why is this proposed?

The application of appropriate minimum lot sizes to rural land means that there is no longer a need for the 1000ha minimum lot size in ELEP 2012. This amendment ensures that the 1000ha minimum lot size can be removed from ELEP 2012.

Item 7: Removing the Biodiversity Map and associated clause from ELEP 2012

What is proposed?

The Rural Lands Strategy recommended that Council retain a Native Vegetation overlay but place it in a Code that is referenced in relevant Development Control Plans. This means removing the Terrestrial Biodiversity overlay and the associated clause 6.6 from ELEP 2012. This item implements that recommendation of the Rural Lands Strategy.

Why is this proposed?

Removing the Terrestrial Biodiversity Map from ELEP 2012 means that the map will be able to be amended from time to time as more accurate information about vegetation cover and types becomes available, and as changes to vegetation cover take place. Including a Native Vegetation Map in a Code and referencing that map in relevant Development Control Plans allows the information to continue to be used by land owners when preparing development applications. This proposal balances the need to consider environmental impacts of development with the ability to easily and quickly amend the mapping over time.

Item 8: Updating the Dwelling Entitlement Map

What is proposed?

Given lands currently deferred from ELEP 2012 are now proposed to be zoned under that LEP, it is necessary to identify known dwelling entitlements in the deferred areas on the Dwelling Entitlements Map. This item recognises 14 known dwelling entitlements on holdings that are currently wholly or partly deferred from ELEP 2012. Two additional dwelling entitlements on land that was not deferred from ELEP 2012 are proposed to be mapped at the request of the land owners.

This item also recognises five dwelling entitlements on lots that benefited from the ‘sealed road’ clause that is proposed to be removed from ELEP 2012 (see item 3) and it is proposed to remove from the Map three dwelling entitlements as the property/holding now contains a dwelling.

Why is this proposed?

This amendment will ensure the Dwelling Entitlement Map covers the whole of Eurobodalla and reflects all of the known dwelling entitlements across Eurobodalla.

Item 9: Consistently applying maximum height of building standards

What is proposed?

Where land is proposed to be zoned to a zone that covers land where a maximum height of buildings standard is commonly applied, the same standard is proposed to be applied to the land being rezoned. This applies to land proposed to be zoned RU4 Primary Production Small Lots and E4 Environmental Living.

Why is this proposed?

This amendment will ensure consistency of the application of building height standards in Eurobodalla.

Item 10: Updating the Heritage Map

What is proposed?

Given lands currently deferred from ELEP 2012 are now proposed to be zoned under that LEP, it is necessary to identify known heritage items in the deferred areas on the Heritage Map. This item transfers 13 heritage items from the Rural LEP 1987 to ELEP 2012. For these items, the whole of the property on which the item is located was deferred from ELEP 2012. A number of other items are located on land that is partly deferred from ELEP 2012, so this item amends the Heritage Map to show the whole area of the item. For some items, the boundary of the item as shown on the Heritage Map is proposed to be reduced to a defined curtilage. For other items, the property description and/or the name of the item is proposed to be changed, or the listing of the item is proposed to be changed to an archaeological site.

Why is this proposed?

This amendment will ensure the Heritage Map covers the whole of Eurobodalla and is updated to reflect the latest information about heritage items across Eurobodalla.

Item 11: Updating the Wetlands, Watercourses and Riparian Lands Map

What is proposed?

Given lands currently deferred from ELEP 2012 are now proposed to be zoned under that LEP, it is necessary to identify known wetlands, watercourses and riparian lands in deferred areas on the Wetlands, Watercourses and Riparian Lands Map.

Why is this proposed?

This amendment will ensure the Wetlands, Watercourses and Riparian Land Map covers the whole of Eurobodalla and reflects all of the known wetlands, watercourses and riparian lands across Eurobodalla.

Item 12: Updating the Acid Sulfate Soils Map

What is proposed?

Given lands currently deferred from ELEP 2012 are now proposed to be zoned under that LEP, it is necessary to identify areas likely to be affected by acid sulfate soils in deferred areas on the Acid Sulfate Soils Map.

Why is this proposed?

This amendment will ensure the Acid Sulfate Soils Map covers the whole of Eurobodalla and reflects all of the known potential areas of acid sulfate soils across Eurobodalla.

Item 13: Updating the Land Application Map

What is proposed?

Given lands currently deferred from ELEP 2012 are now proposed to be zoned under that LEP, it is necessary to update the Land Application Map to show that ELEP 2012 applies to the whole of Eurobodalla.

Why is this proposed?

This amendment will ensure the Land Application Map covers the whole of Eurobodalla.

Item 14: Updating the Public Infrastructure Buffer Map

What is proposed?

Given lands currently deferred from ELEP 2012 are now proposed to be zoned under that LEP, it is necessary to identify known buffers around certain public infrastructure such as sewage treatment plants and waste management facilities in deferred areas on the Public Infrastructure Buffer Map.

Why is this proposed?

This amendment will ensure the Public Infrastructure Buffer Map reflects all of the known identified buffers around certain public infrastructure in Eurobodalla.

Items 15 to 26 in the Planning Proposal make a range of other amendments to ELEP 2012, as outlined below.

Item 15: Facilitating tourism signage in rural areas

What is proposed?

This item proposes to make tourism signs permissible with consent in the RU1 Primary Production and RU4 Primary Production Small Lots zones.

Why is this proposed?

Under State Environmental Planning Policy 64 – Advertising and Signage, advertisements on rural land can only be undertaken if an environmental planning instrument (such as a LEP) permits it with consent. In the RU1 and RU4 zones under ELEP 2012, only building identification signs and business identification signs are permitted with consent. These types of signs must be located on the same property as the building or business. As a result, tourism signs are currently prohibited on land zone RU1 and RU4. This item will enable Council to grant consent to tourism signs on rural land.

Item 16: Protecting the Moruya Airport

What is proposed?

This item proposes to introduce an airspace operations clause in ELEP 2012 in relation to land in the vicinity of the Moruya Airport, similar to the current clause in the Bega Valley LEP 2013 that relates to the Merimbula Airport.

Why is this proposed?

The purpose of this clause is to ensure that operations at the Moruya Airport are not compromised by development that would be a hazard to aircraft flying in the vicinity. The clause requires Council to consult with the relevant Commonwealth Agency with regard to a development proposal that is of a height that would interfere with flight operations. If that agency advises Council that the development should not be constructed, Council must refuse the application.

Item 17: Correcting an anomaly in Schedule 1 and the Additional Permitted Uses Map in relation to certain land in Batemans Bay

What is proposed?

For some land zoned R3 Medium Density Residential along the Old Princes Highway in Batemans Bay, some additional commercial uses are permitted with consent under ELEP 2012. The area that is currently identified in ELEP 2012 does not include one property that was previously included in a similar clause under the former Urban LEP 1999.

Why is this proposed?

The purpose of this clause is to correct the anomaly in ELEP 2012 so that the area identified for additional permitted uses is consistent with previous provisions.

Item 18: Facilitating an additional land use on certain land in Narooma

What is proposed?

For some land zoned R3 Medium Density Residential along Campbell Street in Narooma, some additional commercial uses are permitted with consent. This item adds one additional commercial use as permitted with consent, being “recreation facility (indoor)”. This use relates to developments such as gymnasiums, squash courts, indoor pools, bowling alleys and the like.

Why is this proposed?

Recently Council granted development consent to the temporary use of a building in the subject area as a gymnasium. The purpose of this item is to enable Council to grant consent to similar uses on a permanent basis.

Item 19: Rezoning certain land at South Durras to facilitate dwellings

What is proposed?

Land at the corner of Durras Drive and Durras Lake Road has been identified for some time for neighbourhood business uses. However the land has not developed for this purpose as there is no demand in South Durras for further commercial development. It is therefore proposed to rezone the land to R2 Low Density Residential.

Why is this proposed?

South Durras is a small coastal village with minimal growth opportunities due to being surrounded by National Park. There is an existing general store plus facilities at a number of caravan parks. There is no demand or likely future demand for development of the subject land for commercial purposes. However, it is important to note that the R2 Low Density Zone permits a neighbourhood shop with development consent, so if in the future there is demand for another general store, this could still be achieved.

Item 20: Correcting an anomaly on the Height of Building Map in relation to certain land at Catalina

What is proposed?

A small part of the Catalina Country Club land was zoned R2 Low Density Residential in ELEP 2012. At the time, a maximum building height for this land was inadvertently omitted from the LEP. It is now proposed to correct this anomaly by applying an 8.5m maximum building height to the subject land.

Why is this proposed?

This amendment is proposed to ensure future residential development on the subject land is consistent in scale with surrounding residential development.

Item 21: Ensuring all land release areas are properly planned

What is proposed?

In ELEP 2012 there is a clause relating to land identified for future residential subdivision (land release areas). The clause requires a Development Control Plan to be prepared to address important planning matters (such as transport planning, open space planning, planning for public facilities and controls for urban design, amongst other matters) before the land is developed. However, the clause includes an exception for land already covered by a DCP, even if that DCP does not address the relevant matters. The exception was intended only for land covered by a DCP that did address the relevant matters. This exception is proposed to be amended so that the relevant planning matters are addressed before development.

Why is this proposed?

This amendment is proposed to clarify that all the relevant planning matters must be addressed in a DCP before identified land release areas are developed.

Item 22: Increasing the minimum lot size for certain land in Narooma

What is proposed?

Certain land along Old Highway in Narooma currently has a minimum lot size of 1500m². The minimum lot size for this land is proposed to be increased to 2500m².

Why is this proposed?

The subject land is unable to be subdivided at 1500m² because the land is not sewered and adjoins Wagonga Inlet. Any future lots created on the land must have on-site sewerage management facilities and these must be more than 100m away from Wagonga Inlet. Due to the size of land needed to accommodate on-site sewerage management systems, the minimum lot size needs to be increased to 2500m².

Item 23: Correcting an anomaly on the Minimum Lot Size Map in relation to various lots

What is proposed?

In 2013, a number of Council owned lots were reclassified from community land to operational land. The majority of these lots were identified in Council’s Recreation and Open Space Strategy 2010 as surplus to community needs. In 2016, some of these lots were rezoned to R2 Low Density Residential and development standards (maximum building height and minimum lot size) were applied. Inadvertently, the minimum lot size that was applied was 600m² rather than the usual 550m² for land zoned R2 Low Density Residential. It is now proposed to change the minimum lot size for these lands to 550m².

Why is this proposed?

This amendment is proposed to ensure consistency in the application of development standards in ELEP 2012.

Item 24: Correcting an anomaly on the Land Zoning Map in relation to certain land in Moruya

What is proposed?

Some land at the Braemar Estate in Moruya that has been subdivided for residential development is not wholly zoned R2 Low Density Residential. Some of the lots have small areas of RU1 Primary Production on them. This amendment will ensure the whole of the residential lots are zoned R2 Low Density Residential.

Why is this proposed?

This amendment is proposed to correct an anomaly on the zoning map and ensure zoning boundaries match property boundaries.

Item 25: Reclassify a former public laneway in Batemans Bay Town Centre

What is proposed?

Prior to the redevelopment of land at North Street, Batemans Bay, to create a new vehicular and pedestrian entrance into the Bridge Plaza shopping centre, there was a laneway providing pedestrian access from North Street to Bridge Plaza. It is proposed to reclassify the land from community to operational and apply a maximum building height of 18m.

Why is this proposed?

As new access, including pedestrian access, has been provided, it is no longer necessary for the land to be in public ownership. The application of a maximum building height is to ensure consistency of development standards to land zoned B4 Mixed Use.

Item 26: Rezone and reclassify a small portion of public land in Malua Bay

What is proposed?

A land owner has approached Council seeking to purchase a small triangle of land on a public reserve at George Bass Drive, Malua Bay. To enable this, it is proposed to reclassify the subject land from community to operational, apply an R2 Low Density Residential zone, a minimum lot size of 550m² and a maximum building height of 8.5m.

Why is this proposed?

The area proposed to be purchased is less than 1% of the total area of the public reserve and will have no impact on the environmental or community value of the reserve. The changes to zoning, minimum lot size and maximum building height are to ensure consistency of development standards to land zoned R2 Low Density Residential.

Volumes 2 and 3: What is changing in my area?

The planning proposal changes the zoning and minimum lot size across a number of areas in accordance with the recommendations of the Eurobodalla Rural Lands Strategy 2016. A summary of the proposed zoning and minimum lot size for each area is provided in the table below, along with the potential increase in the number of lots and dwellings that could be achieved in each area.

If you prefer, you can also view the information in the table as a map with labelled areas:

Area

Zone

Minimum lot size

Potential increase in lots and dwellings

1. Kings Hwy, Murrengenberg

RU1

200ha

Nil

1a. Kings Hwy, Currowan

RU1

40ha

Nil

2. Nelligen Creek Rd, West Nelligen

RU1

40ha

3 lots and 3 dwellings

3. Old Bolaro Road (south), West Nelligen

RU4

10ha

1 lot and 3 dwellings

3a. Old Bolaro Road (central), West Nelligen

RU4

5ha

1 lot and 5 dwellings

4. Currowan, Benandarah and East Lynne

RU1*

40ha*

4 lots and 6 dwellings

4a. Princes Hwy, Benandarah

RU4

40ha

1 lot and 3 dwellings

4b. South Durras

RU1*

40ha*

Nil

4c. Maloneys Beach

RU1

100ha

Nil

5. West Batemans Bay

RU1

40ha

Nil

6. North and West Mogo

RU4

20ha

7 dwellings

6a. Goba Lane, Mogo

RU1

40ha

Nil

7a. George Bass Drive (East), Malua Bay

E4

10ha

1 dwelling

7b. George Bass Drive (West), Malua Bay

RU1

40ha

1 lot and 2 dwellings

8. Dunns Creek Road (North), Woodlands

RU4

20ha

6 dwellings

8a. Tomakin Rd and Dunns Creek Rd (South), Woodlands

RU4

10ha

1 lot and 2 dwellings

8b. Tomakin Road, Mogo

RU4

20ha

3 lots and 3 dwellings

9. South Mogo

RU1

40ha

1 lot and 2 dwellings

9a. Maulbrooks Road, Mogo

RU4

10ha

1 dwelling

10. Jeremadra Grove and Goldfields Drive, Jeremadra

RU4

10ha

7 lots and 7 dwellings

10a. Springwater Road, Jeremadra and George Bass Drive, Broulee

RU1*

40ha*

1 lot and 3 dwellings

11. Broulee Road, Broulee

RU4

10ha

2 lots and 3 dwellings

11a. Broulee Road, Bimbimbie and Broulee

RU1*

100ha*

1 lot and 3 dwellings

12. Tomakin, Rosedale and Guerilla Bay

RU1*

40ha*

Nil

13. Clouts Road, Mogendaoura

RU1

100ha

2 dwellings

14. Hawdons Road, Mogendoura

RU1

40ha

4 lots and 6 dwellings

15. North Moruya

RU1*

100ha*

Nil

16. Meadows Road, Malabar Drive and Percy David Drive, North Moruya

RU4

10ha

6 lots and 7 dwellings

17. East Moruya

RU1*

40ha*

5 dwellings

17a. South Head Road, Moruya Heads

RU4*

40ha

1 dwelling

17b. Congo Road, Moruya Heads

RU1

100ha

1 lot and 1 dwelling

18. Congo Road (North), Congo

RU1

40ha

1 lot and 4 dwellings

18a. Berriman Drive, Congo

RU4

10ha

1 dwelling

18b. Congo Road (South), Congo

RU4

10ha

1 dwelling

18c. Meringo Road, Meringo

RU1

40ha

1 lot and 2 dwellings

19. Wamban Road (South), Wamban

RU1

500ha

Nil

20. Bergalia

RU1

100ha

1 lot and 8 dwellings

20a. Wamban Road (North), Wamban

RU1

100ha

Nil

21. Bingie Road, Bingie

RU4

20ha

1 lot and 15 dwellings

22. Prince Hwy (West), Coila and Turlinjah

RU1

20ha

4 lots and 5 dwellings

22a. Princes Hwy (East), Coila

RU1

40ha

Nil

22b. Kyla Park

RU1

100ha

Nil

22c. Princes Hwy (East), Turlinjah

RU1

40ha

1 dwelling

23. Potato Point Road (South), Bodalla and Potato Point

RU1

40ha

2 lots and 4 dwellings

24. Princes Hwy, South Bodalla

RU1

100ha

2 lots and 4 dwellings

25. Princes Hwy, North Bodalla & Blackfellows Point Road, Bodalla

RU1

40ha

1 lot and 5 dwellings

25a. Potato Point Road and Horse Island Road, Bodalla

RU1

20ha

6 lots and 10 dwellings

26. Bumbo Road (East) and Eurobodalla Road, Bodalla

RU1

200ha

Nil

26a. Bumbo Road (West), Bodalla

RU1

40ha

Nil

27. North Narooma and Kianga

RU1

40ha

6 lots and 8 dwellings

28. South Narooma

RU1

20ha

7 lots and 9 dwellings

29. Wagonga Scenic Drive, Narooma and Tebbs Road, Corunna

RU1

40ha

1 lots and 2 dwellings

30. Wagonga Scenic Drive, Narooma

RU4

5ha

11 lots and 17 dwellings

30a. Wagonga Scenic Drive, Narooma

RU4

2ha

7 lots and 8 dwellings

30b. Wagonga Scenic Drive, Narooma

RU4

10ha

2 lots and 3 dwellings

32. Central Tilba and Surrounds

RU1*

100ha*

4 dwellings

33. Dignams Creek Road, Dignams Creek

RU1

40ha

6 dwellings

34. Eurobodalla Road, Eurobodalla, Cadgee, Nerrigundah and Tinpot

RU1

100ha

12 dwellings

35. Belowra

RU1

500ha

Nil

36. Merricumbene and Deua

RU1

500ha

7 lots and 6 dwellings

37a. Araluen Road (North), Deua River Valley

RU1

40ha

1 lot and 1 dwelling

37b. Araluen Road (Central), Deua River Valley

RU1

20ha

3 dwellings

37c. Araluen Road (South), Wamban and Kiora

RU1

40ha

4 lots and 10 dwellings

38. Runnyford and Buckenbowra

RU1*

500ha*

3 dwellings

39. South Moruya

RU4

2ha

Nil

40. Turnbulls Lane, Moruya

RU4

5ha

Nil

41. South Nelligen

RU4

2ha

Nil

42. Hector McWilliam Drive, Tuross Head

RU1*

20ha*

Nil

TOTAL LOTS AND DWELLINGS

122 lots and 255 dwellings

Volume 4: How are the LEP Maps changing?

Volume 4 shows changes to the following maps:

  • Land Zoning Map:
    This map identifies the proposed zoning of rural land in Eurobodalla where the Rural Lands Strategy recommended a zoning or minimum lot size change. Where land is not coloured, the current zoning and minimum lot size is not proposed to be changed. This map relates to clause 2.2 of ELEP 2012.
  • Lot Size Map:
    This map identifies the proposed minimum lot size of rural land in Eurobodalla where a change is proposed. Where land is not coloured, the current minimum lot size is not proposed to be changed. In addition, all land (other than land zoned or proposed to be zoned RU1) that currently has a minimum lot size of 1000ha is proposed to have no minimum lot size. This map relates to clause 4.1 of ELEP 2012.
  • Height of Building Map:
    This map identifies the proposed maximum height of buildings standard that is proposed to apply to land that is proposed to be zoned RU4 Primary Production Small Lots or E4 Environmental Living. Where land is not coloured, the current maximum building height standards is not proposed to be changed. This map relates to clause 4.3 of ELEP 2012.
  • Heritage Map:
    This map identifies where changes are proposed to the identification of heritage items as a result of the inclusion of deferred lands within ELEP 2012 and to make other mapping corrections. In some cases only a part of a property is shown coloured, as the remainder of the subject property is already shown coloured on the ELEP 2012 Heritage Map as a heritage item. In other cases, the area currently shown as a heritage item on the ELEP 2012 Heritage Map is proposed to be reduced to a defined curtilage. Land that is not coloured but is within a red outline identifies land that is being removed from the ELEP 2012 Heritage Map as it has been confirmed that the heritage item is not located on the subject property. Otherwise where the map is blank, there is no change to the identification of heritage items on the Heritage Map. This map relates to clause 5.10 of ELEP 2012.
  • Acid Sulfate Soils Map:
    This map shows the potential for acid sulfate soils on land that was deferred from ELEP 2012. Where land is not coloured, no change is proposed to the identification of the potential for acid sulfate soils. This map relates to clause 6.3 of ELEP 2012.
  • Wetlands, Riparian Lands and Watercourses Map:
    This map shows the wetlands and riparian land categories on land that was deferred from ELEP 2012. Where land is not coloured, no change is proposed to the identification of wetlands or riparian land categories. This map relates to clauses 6.7 and 6.8 of ELEP 2012.
  • Public Infrastructure Buffer Map:
    This map shows the extent of buffers around public infrastructure on land that was deferred from ELEP 2012. Where land is not coloured, no change is proposed to the extent of public infrastructure buffers. This map relates to clause 6.13 of ELEP 2012.
  • Dwelling Entitlement Map:
    This map identifies some properties that have a dwelling entitlement. Where the map identifies a number of adjoining lots surrounded by a red outline, the dwelling entitlement applies to the whole of the lots in that area combined (i.e as a holding). Where the map identifies one or a number of lots, whether adjoining or not, without a red outline, a dwelling entitlement applies to each lot. This map relates to clause 4.2A of ELEP 2012.
  • Additional Permitted Uses:
    This map identifies land proposed to be added to clause 4 of Schedule 1 of ELEP 2012 providing for additional permitted uses. The area in red outline on the map is the area to be added. This map relates to clause 6.2 of ELEP 2012.
  • Land Application Map:
    This map shows that the whole of the Eurobodalla Shire is proposed to be included in ELEP 2012. There will be no deferred lands. This map relates to clause 1.3 of ELEP 2012.

Addressing Ministerial Directions

Every planning proposal is required to outline how it is consistent with Directions issued by the Minister for Planning. Where a planning proposal is inconsistent with a Ministerial Direction, justification for that inconsistency must be provided.

In the main, the proposed changes are considered to be consistent with applicable Ministerial Directions. However, in some areas, the proposed zoning and lot size is inconsistent with Direction 1.2 (Rural Zones) and in some areas the planning proposal is inconsistent with Direction 2.1 (Environmental Zones). Item 7 of the planning proposal is also inconsistent with Direction 2.1.

A summary of how the planning proposal is consistent or inconsistent with the Directions is provided below. A detailed assessment for each item in the planning proposal is provided in Volumes 1 and 2 of the planning proposal.

Applicable Ministerial Directions and Objectives Consistency of Planning Proposal Items to which Direction applies Areas to which Direction applies

1.1 Business and Industrial Zones:

To encourage employment growth in suitable locations, protect employment land in business and industrial zones and support the viability of identified strategic centres.

Inconsistent 1, 19, 25, Nil

1.2 Rural Zones:

To protect the agricultural production value of rural land.

Partly Consistent / Partly Inconsistent 1, 2, 3, 4, 5, 8, 15, 24

All

Inconsistent: 2, 3a, 4, 4a, 6, 7b, 8, 8b, 9, 9a, 10, 10a, 11, 11a, 12a, 13, 14, 16, 17, 17b, 18, 18a, 18c, 20, 21, 22, 22c, 23, 24, 25, 25a, 26a, 27, 28, 29, 30, 30a, 30b, 31, 32, 33, 34, 35, 37a, 37b, 37c, 38

1.3 Mining, Petroleum and Extractive Industries:

To ensure future extraction of State or regionally significant reserves of extractive materials are not compromised by inappropriate development.

Consistent 5 2, 4c, 7b, 9, 10a, 11a, 14, 15, 17, 20, 24, 26, 27, 34

1.4 Oyster Aquaculture:

To ensure oyster aquacultire is considered and to minimise adverse impacts on water quality.

Consistent 1, 5 4, 5, 8a, 8b, 9, 10, 10a, 15, 16, 17, 17a, 17b, 22, 22b, 22c, 25, 25a, 26, 27, 29, 32, 38, 41, 42

1.5 Rural Lands:

To protect the agricultural production value and facilitate the orderly and economic development or rural land.

Consistent 1, 2, 3, 4, 5, 6, 7, 8, 15, 24 All

2.1 Environment Protection Zones:

To protect and conserve environmentally sensisitve areas.

Partly Consistent / Partly Inconsistent 1, 4, 5, 6, 7, 22, 26

All

Inconsistent: 4c, 7b, 12, 17b, 23, 32

2.2 Coastal Protection:

To implement the principles of the NSW Coastal Policy.

Consistent 5, 11, 12, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26 4, 4a, 4b, 4c, 5, 6, 7a, 7b, 8a, 8b, 9, 10, 10a, 11, 11a, 12, 12a, 15, 16, 17, 17a, 17b, 18, 18c, 20, 21, 22, 22a, 22b, 22c, 23, 24, 25, 25a, 26, 27, 28, 29, 32, 38, 41, 42

2.3 Heritage Conservation:

To conserve items, areas, objects and places of environmental and indigenous heritage significance.

Consistent 5, 10 4, 4a, 6, 11a, 12, 15, 17a, 17b, 21, 22, 22a, 22b, 24, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37c, 38, 42

3.1 Residential Zones:

To encourage a variety of housing types, ensure access to appropriate infrastructure and services and minimise impacts on the environment and resource lands.

Consistent5, 17, 18, 19, 20, 21, 22, 23, 24, 2639, 40

3.4 Integrating Land Use and Transport:

To ensure efficient and viable transport options, reduce dependence on cars, support public transport and provide for the efficient movement of freight.

Consistent5, 17, 18, 19, 20, 21, 22, 23, 24, 25, 2639, 40

3.5 Development Near Licensed Aerodromes:

To ensure the effective and safe operations of aerodromes.

Consistent16Nil

4.1 Acid Sulfate Soils:

To avoid significant adverse environmental impacts from the use of land that has a probability of containing acid sulfate soils.

Consistent5, 124, 4b, 4c, 8a, 8b, 9, 10, 10a, 11, 11a, 12a, 14, 16, 17, 17a, 17b, 18, 18b, 18c, 20, 21, 29, 32

4.3 Flood Prone Land:

To ensure development of flood prone land is consistent with the NSW Government's Flood Prone Land Policy.

Consistent5, 114, 4b, 4c, 6, 7a, 8a, 8b, 9, 10, 10a, 11, 11a, 12a, 14, 15, 16, 17, 17a, 17b, 18, 18a, 20, 22, 24, 25, 25a, 27, 28, 29, 32, 37c, 28, 39

4.4 Planning for Bushfire Protection:

To protect life, property and the environment from bushfire hazards.

Consistent1, 4, 5All

5.10 Implementation of Regional Plans:

To give legal effect to regional plans.

ConsistentAllAll

What happens next?

Council is now encouraging all affected and interested community members to review the planning proposal and to make a submission supporting or objecting to one or more of the proposed amendments to Eurobodalla Local Environmental Plan 2012.

Following the close of the exhibition period, Council will consider all submissions received and any changes to the planning proposal that may be appropriate having regard to the submissions.

All people who make a submission will first receive a letter acknowledging their submission and following consideration by Council, we will let you know how we have addressed the issues raised.

Following the consideration of submissions, a report will be put to Council seeking endorsement of a final planning proposal, as amended. Should Council endorse a final planning proposal, it will then be referred to the NSW Minister for Planning and Environment with a request to make the changes to ELEP 2012.

The planning proposal must go to the Minister for this last stage as Council has not been granted delegation to finalise this matter. Therefore, the timing of finalisation of this planning proposal is out of Council’s control. We will however, advocate on behalf of the community for a speedy outcome.

Once the changes to ELEP 2012 have been made, land owners who benefit from the changes, through the opportunity to further develop their land, will be able to prepare and submit development applications to Council for assessment.