Frequently asked questions about the Dalmeny Land Release Area development

Yes, during the DCP process Council will seek input from the community. Community engagement will be in accordance with the requirements for drafting DCPs under the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2021 and Council’s Community Engagement Strategy.

This includes requirements for public exhibition of a draft DCP for at least 28 days and for the draft to be available on Council’s website. Council also notifies the community about some Development Applications in accordance with attachment 2 of Council’s Community Engagement Strategy. This includes exhibition of subdivision of land into 10 or more lots.

• Community Engagement Strategy (1.0 MB)

The draft Development Control Plan will be reported at a Council meeting to proceed with public exhibition. After exhibition, Councillors will consider all submissions at a Council meeting and decide whether to:

• approve the plan in the form in which it was publicly exhibited
• approve the plan with such alterations as the council thinks fit
• decide not to proceed with the plan.

Members of the public can present to Councillors at Public Forum before the Council meeting at 9.30am. Members of the public can also present to Councillors about matters not on a Council meeting agenda at Public Access. More information is available on Council’s website about the public presenting to Councillors.

Council will keep the public informed about the DCP process as it progresses including regular updates on this web page. The community’s views on the masterplan and DCP will be sought as the planning and designing takes place. These opportunities will be well advertised, and the community invited to participate.

The land was zoned for urban expansion in Council’s repealed Rural Local Environmental Plan 1987. The Eurobodalla Settlement Strategy 2006 recommended it to be zoned R2 Low Density Residential and identified as land release area. This recommendation was incorporated into Eurobodalla Local Environmental Plan in 2012.

The decision to retain the land as urban release in the 2006 Eurobodalla Settlement Strategy 2006-2031 was supported by the South Coast Regional Strategy 2006-2031, NSW Government, Department of Planning, January 2007. You can download the strategy via the NSW Department of Planning and Environment's website:

• South Coast Regional Strategy 2006-2031 (1.15MB)

Biodiversity surveys of the urban expansion areas (now called land release areas) were undertaken in 2007. Recommendations of this report are reflected in the Eurobodalla Local Environmental Plan 2012 clause that requires Land Release Areas to only be developed once a Development Control Plan for the area is adopted by Council.

• Eurobodalla Biodiversity Survey (7MB)

The NSW Government’s strategy relied on the recommendations from the South Coast Sensitive Urban Lands Review regarding the suitability of specific sites in terms of development, scale and type of release. 17 urban expansion sites across the south coast were the subject of investigation. Because of their sensitivity the subject land release area of Dalmeny was not deemed one of those requiring investigation and further recommendations. You can download the review via the NSW Department of Planning and Environment's website:

• South Coast Sensitive Urban Lands Review (2.26MB)

Council has not adopted a Narooma Structure Plan but a long-term action in Council’s Local Strategic Planning Statement for consideration.

Please note: As of 1 December 2021, a reference to an Environment Protection Zone E1, E2, E3 or E4 in a document should be taken to be a reference to a Conservation Zone C1, C2, C3 or C4. For further information, please see NSW Department of Planning and Environment's 'Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021'.

We don’t know exactly what the development will look like yet. The community will have the opportunity to provide input into the what development will look like by having input into the Development Control Plan (DCP) for the Land Release Area.

The land is zoned R2 – Low density residential. Zoning does not determine lot yield (number of houses), it only permits (with consent) a certain scale of development subject to a range of considerations. It is too early in the development process to determine how many lots could be achieved on this land because many factors contribute to the design and lot yield of a subdivision. Factors include consideration of biodiversity, landscape and cultural heritage values, as well as provision of open space, physical infrastructure such as roads and easements for services impact on lot yield.

Yes, during the Development Control Plan (DCP) process Council will seek input from the community. Community engagement will be in accordance with the requirements for drafting DCPs under the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2021 and Council’s Community Engagement Strategy.

This includes requirements for public exhibition of a draft DCP for at least 28 days and for the draft to be available on Council’s website. Council also notifies the community about some Development Applications in accordance with attachment 2 of Council’s Community Engagement Strategy. This includes exhibition of subdivision of land into 10 or more lots.

• Community Engagement Strategy (1.0 MB)

The draft Development Control Plan will be reported at a Council meeting to proceed with public exhibition. After exhibition, Councillors will consider all submissions at a Council meeting and decide whether to:

• approve the plan in the form in which it was publicly exhibited
• approve the plan with such alterations as the council thinks fit
• decide not to proceed with the plan.

Members of the public can present to Councillors at Public Forum before the Council meeting at 9.30am. Members of the public can also present to councillors about matters not on a Council meeting agenda at Public Access. More information is available on Council’s website about the public presenting to Councillors.

Council will keep the public informed about the DCP process as it progresses including regular updates on this web page. An Engagement Plan has not been completed at this stage, but the community’s views on the masterplan and Development Control Plan will be sought as the planning and designing takes place.  These opportunities will be well advertised, and the community invited to participate.

Development Control Plans (DCPs) are documents that provide planning and building design guidelines for new development or alterations to existing development. They are used by applicants as a guide to determine what type of development is applicable in the locality and Council staff use these guidelines to determine the merits of the proposal.

DCPs are adopted by Council and describe the controls that development should meet such as building styles, materials used and appropriate locations for development.

A DCP must be prepared for the whole of the Dalmeny Land Release Area before the land can be developed or subdivided for sale of individual residential lots. A DCP instructs the landowner on how the land can be developed with respect to environmental factors, infrastructure requirements like water and sewer, roads, and parks.

The DCP will address the mix of densities, a staging plan, public facilities and services, stormwater, bushfire and flooding mitigation, recreation areas, transport and pedestrian networks, commercial and retail, landscaping, and assessment of conservation significance.

A Development Application (DA) is required to demonstrate how it complies with the relevant DCP.

Council facilitated an information session in Dalmeny in July 2021. Council has commenced discussion on the masterplan and Development Control Plan (DCP) process with relevant landowners. Site surveys and other investigations are being undertaken to inform the masterplan and development control plan. Council will also work with experts in urban design and landscape architecture to prepare the masterplan and development control plan to ensure quality future development that benefits the community and incorporates natural areas.

This web page will be updated as the process progresses. Engagement opportunities will be well advertised, and the community invited to participate in the process.

Council will work with the landowners and urban design experts to develop a draft master plan and DCP. Individual landowners may conduct their own community engagement but Council must resolve to put the masterplan/draft DCP on exhibition and then to adopt the draft DCP as is or as amended (post exhibition).

The development controls have not been discussed in detail but will need to provide for the following (in accordance with section 6.2 of the Eurobodalla Local Environmental Plan 2012):

• a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing;
• an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists;
• an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain;
• an overall assessment of the conservation significance of the land and proposed measures to avoid, minimise or mitigate any impact on identified areas of significance;
• a network of passive and active recreational areas;
• stormwater and water quality management controls;
• amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected;
• detailed urban design controls for significant development sites;
• measures to encourage higher density living around transport, open space and service nodes;
• measures to accommodate and control appropriate neighbourhood commercial and retail uses;
• suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

In addressing these issues, consideration will be given to relevant legislation, Government policy and adopted Council strategies.

Only if they have a lawful right to remove the vegetation. Trees and Native Vegetation can only be removed on the Dalmeny Land Release Area in accordance with:

• A planning approval under the Environmental Planning and Assessment Act 1979 (eg a Development Application under Part 4 of the Act)
• The State Environmental Planning Policy (Biodiversity and Conservation) 2021 (previously known as the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017) (Vegetation SEPP).

There are some circumstances where vegetation removal is exempt from requiring an approval or permit, for example:

• If a tree is dangerous, dead or dying and not habitat.
• If it is authorised under Section 60O of the Local Land Services Act 2013. This includes maintenance of existing electricity easements and State emergency authorisations for example.

If proposed native vegetation removal is below the Biodiversity Offsets Scheme thresholds, a permit from Council is required to remove trees in accordance with Council’s Tree Preservation Code.

• Tree Preservation Code (1.34MB)

Council requires a suitably qualified and experienced person to prepare an assessment of significance of the impacts of proposed vegetation removal under Part 7 of the Biodiversity Conservation Act 2016 if the vegetation is threatened ecological community or habitat for threatened species. Tree removal must have a valid reason for removal for Council to issue a permit.

If proposed native vegetation removal exceeds the Biodiversity Offsets Scheme thresholds, a Biodiversity Development Assessment Report must support an application for approval from the Native Vegetation Panel.

It is very unlikely any vegetation would be approved to be removed within the Dalmeny Land Release Area prior to a Development Control Plan and Master Plan process being completed. Council’s compliance team investigates any clearing undertaken that is reported to be unlawful. Council also can only remove or prune trees if the work is in accordance with the Tree Preservation Code or is authorised by other legislation (for example to maintain a road).

Council cannot approve development of the Dalmeny land release until there is a Development Control Plan (DCP) prepared. A masterplan and DCP for the Dalmeny land release area are in the very early stages of being prepared.

Council complies with the requirements of the Environmental Planning and Assessment Act 1979 for all Development Applications (DAs). The DAs associated with the Dalmeny Land release are expected to be assessed by Council staff and the public is notified of subdivisions of more than 10 lots.

Where required, Council will notify/advertise the DA and make referrals to internal departments and external agencies. Some developments may also require a specific approval or licence from another authority (eg the NSW Rural Fire Service or the NSW Department of Planning and Environment) under other legislation. This is known as integrated development and Council must refer the application to the relevant authority and seek its general terms of approval.

There is no requirement for subdivision of this land to be considered by a ‘higher level state assessment panel’ nor for it to be referred to Council for determination. An application maybe considered by Councillors at a full Council meeting if the application is called up by councillors. Any development application lodged is to be generally consistent with the masterplan and DCP for the area and that only councillors at a Council meeting can resolve to make a DCP.

More information about the development application process is available on Council's website.

Council is preparing technical reports about biodiversity values and stormwater analyses that will inform the masterplan and DCP. This will help avoid and minimise impacts to the environment.

The area is not mapped by the NSW Government’s Biodiversity Values Map which identifies land with high biodiversity value that is particularly sensitive to impacts from development and clearing. However, many vegetated areas in Eurobodalla do contain habitat for threatened species, including this site. The specific locations of habitat and areas of higher environmental value will be further considered at the DCP and development application stage.

Council and the NSW Government prepared vegetation mapping for Eurobodalla in 2015 that combined the best available information at the time. You can view where there are potential Endangered Ecological Communities (EECs) in Eurobodalla on Council's land-mapping tool. The land-mapping is used as a guide and does not guarantee EECs are present or absent, but does provide valuable information as a starting point. Data used to create the vegetation mapping included the following study that identified likely EECs across Eurobodalla.

• NGH Report 2007 (358KB)
• NGH 2007 Mapping - Part 1 (8.66MB)
• NGH 2007 Mapping - Part 2 (8.40MB)

A Development Control Plan (DCP) must be prepared before any development can proceed. Identifying options to avoid, minimise and manage impacts to biodiversity will be part of the process to prepare a draft DCP. We are using available information about the environment to prepare a masterplan that avoids developing areas with high environmental values and a DCP that includes controls to avoid, minimise and manage impacts to biodiversity.

Future development that may proceed in this area that must be generally consistent with the DCP and would also require offsetting in accordance with the Biodiversity Offsets Scheme under the Biodiversity Conservation Act 2016.

Development applications that propose more than 0.25ha of vegetation removal in the Dalmeny Land Release will require a biodiversity assessment report (BDAR) prepared by a qualified ecologist. This will require offsetting under the Biodiversity Offset Scheme. The biodiversity assessment report also identifies areas that will not be cleared. These areas are usually riparian corridors and habitat for threatened species. A biodiversity assessment report cannot be prepared until we know the location and nature of the proposed development. The report is usually submitted with a development application.

The area is mapped as part of the Mummaga Lake Catchment together with the adjoining residential areas. Council adopted the Wagonga, Mummaga and Moruya Coastal Estuary Management Plan (the ECMP) at the ordinary Council meting on 25 October 2022. Development does not rely upon the ECMP for Mummaga to be completed. Find out more information on the ECMP regarding this process.

Development must comply with the Soil and Water Management Code as part of managing potential threats to waterways.  Council also assesses developments against the requirements of the Marine Estate Management Act 2014 (Act) (Mummaga Lake is a part of the Batemans Marine Park) and the State Environmental Planning Policy (Resilience and Hazards) 2021 (SEPP).  Both the Act and the SEPP have specific requirements around consideration of the impact of development.

• Soil and Water Management Code (222 KB)

It is reasonable to expect that the long-term impacts of the new development will contribute less disturbance than the current developments have and any potential minor adverse impacts will be contained on site.