Rural Housing Strategy - lismore.nsw.gov.au

LISMORE RURAL HOUSING STRATEGY

February 2002

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Disclaimer: The Lismore Rural Housing Strategy is a broad based strategic policy document. Much of the information that has been used in its preparation was

compiled at the local government area level. More detailed and property specific information will necessarily be required at the individual rezoning and development application stage. Detailed assessment at the property level may uncover issues that were not apparent during the broader based assessment undertaken in the Strategy.

Thus the identification of land in this Strategy as having potential for a rural residential use does not guarantee that a rezoning or development application for that

land will be approved by Council.

EXECUTIVE SUMMARY

The Lismore Rural Housing Strategy is based upon the principles contained in the Department of Urban Affairs and Planning’s Guidelines on Rural Settlement on the North Coast of NSW. The Strategy is designed to guide closer rural settlement development through to the year 2010. Closer rural settlement is defined as development and use of rural land for primarily low density residential purposes and includes rural-residential subdivision with a variety of lot sizes to cater for different needs, detached dual occupancy and Rural Landsharing Communities (formerly called multiple occupancies). Rural Landsharing Communities will be subject to Council’s policy on such development when exemption from SEPP No. 15 (Rural Landsharing Communities) is granted by the State Government. Urban and village development is addressed separately in Council’s Urban and Villages Development Strategies. The approval of rural residential lots and dwellings on new rural landsharing community developments will be limited to an annual release quota of 240 lots/dwellings over a ten year period. This quota includes any new rural residential lots created within the existing 1(c) Rural Residential zones. This release strategy is based on development trends experienced since gazettal of Lismore LEP 1992. Settlement of rural areas for primarily residential use is not a high priority for Council, however it is recognised that there is a legitimate market for this form of living. No further provision is made in this Strategy for hobby farms, rural retreats or dispersed farming households as past subdivision practices and current planning controls over agricultural land provide sufficient land to cater for these demands. Localities to be considered for closer rural settlement are shown on Map No.15 of Part A of the Strategy. Future rezonings for closer rural settlement will not be permitted in locations outside the identified investigation areas. Localities considered suitable for Rural Landsharing Community development are shown on Map No.4 of Part B of the Strategy. Dual Occupancy (attached) is permitted in all rural areas containing an existing dwelling house or a dwelling entitlement. Detached Dual Occupancy is to be permitted only in Rural 1(c) zones and land identified for closer rural settlement on Map No 15 of Part A of this strategy. The Strategy requires that closer rural settlement results in positive environmental impacts. Environmental benefits that may include, for example, the restoration of degraded land and stream banks, reforestation, habitat enhancement, tree planting and landscaping, creation of nature reserves or wildlife corridors or contributions to support conservation projects such as purchase and enhancement of environmentally sensitive lands.

Part A: Rural Residential Subdivision

Detached Dual Occupancy Rural Workers’ Dwellings

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CONTENTS Page No. 1. INTRODUCTION ....................................................................................................................1

1.1 Aims and Objectives .........................................................................................................1 1.2 Assumptions and Monitoring............................................................................................1 1.3 Steering Committee...........................................................................................................2

2. BACKGROUND.......................................................................................................................3

2.1 Closer Rural Settlement in Lismore..................................................................................3 2.2 Lismore City Strategic Plan 1996 – 2020 .........................................................................6 2.3 North Coast Regional Environmental Plan.......................................................................8 2.4 North Coast Urban Planning Strategy...............................................................................9 2.5 Guidelines on Rural Settlement on the North Coast of NSW.........................................10

3. CRITERIA FOR IDENTIFYING LAND WITH POTENTIAL FOR CLOSER RURAL

SETTLEMENT.......................................................................................................................11 4. LAND SUPPLY AND DEMAND..........................................................................................16

4.1 Existing Land Supply......................................................................................................16 4.2 Factors Affecting Land Supply .......................................................................................16 4.3 Population Projections ....................................................................................................16 4.4 Projected Land Demand..................................................................................................18 4.5 Factors Affecting Demand ..............................................................................................19

5. POTENTIAL RURAL SETTLEMENT LOCALITIES .....................................................20

5.1 General Outline of Potential Closer Rural Settlement Localities ...................................30 6. DUAL OCCUPANCY AND RURAL WORKERS DWELLINGS....................................35

6.1 Dual Occupancy..............................................................................................................35 6.2 Rural Workers Dwellings................................................................................................35

7. IMPLEMENTATION............................................................................................................36

7.1 The Catchment Approach to Rural Residential Planning ...............................................36 8. MONITORING AND REVIEW ...........................................................................................40

8.1 Supply .............................................................................................................................40 8.2 Demand ...........................................................................................................................40

ANNEXURE 1 - CATCHMENT BASED APPROACH........................................................................... 41 ANNEXURE 2 - DEVELOPMENT OPTION EVALUATION ...............................................................44 MAPS...........................................................................................................................................45 1 Settlement Hierarchy & Existing Rural Landsharing Communities 2 Areas not physically constrained 3 Flood-prone Lands 4 Acid Sulphate Soils 5 Slope > 33% and Mass Movement 6 Agricultural Land Capability Class II and III 7 High Bushfire Risk 8 Native Vegetation 9 Primary & Secondary Koala Habitat 10 Exclusion Land Use Zones 11 Buffer Areas 12 Areas not physically constrained 13 Areas not physically constrained showing Settlement Hierarchy 14 Areas not physically constrained showing Threatened Species Records 15 Areas not physically constrained showing Threatened Species Records & Settlement

Hierarchy

Part A: Rural Res Subdivision, Detached Dual Occupancy & Rural Workers’ Dwellings 1

1. INTRODUCTION

1.1 Aims and Objectives

The Rural Housing Strategy seeks to provide a range of sustainable rural lifestyle opportunities which are compatible with the natural environment, settlement patterns, economic systems and character of Lismore’s rural environment. Specific objectives of the Strategy include: • Managing growth consistent with legitimate demand and community expectations. • Protecting flora and fauna (including threatened species) and protecting and enhancing native

vegetation remnants, wildlife corridors, soils and water quality. • Identifying preferred areas for closer rural settlement which are suitable for such development. • Ensuring that new development does not conflict with surrounding landuses including

agriculture, forestry and extractive industries. • Encouraging sustainable closer rural settlement design which promotes quality of living and

provides for a diversity of lifestyles. • Minimising the social, economic and environmental impacts of providing and maintaining

services. • Emphasising an integrated cluster approach to settlement which builds on and strengthens

existing settlement hierarchies. • Locating closer rural settlement in areas physically suitable for development and free from

hazards such as flood, landslip and bushfire. • Providing opportunities for community participation in the planning process. • Requiring that planning and development be consistent with the “Guidelines on Rural Settlement

on the North Coast of NSW” prepared by the NSW Department of Urban Affairs and Planning.

1.2 Assumptions and Monitoring This Strategy is based on certain assumptions which will require monitoring so as to ensure the Strategy remains relevant over time. These assumptions are listed below. The Strategy assumptions and growth rates will be monitored and reviewed by Council within 12 months of data from each Census becoming available. Assumptions made in the Strategy are:


• Public transport access and transport related infrastructure remain as matters of highest priority to the Lismore community.

• Council and the community continue to support the “Public Transport Priority Nodes” and

“Composite Option” growth options for the City, as identified in the Lismore 2020 Strategic Plan (see Annexure 2).

• Low population growth in Lismore City LGA will continue at an estimated annual rate of

increase of 300 persons per annum to the year 2000, after which a “medium” growth rate of 600 persons per annum may be achieved.

• Indicative dwelling yield is based generally on an assumption of 1 lot per hectare, plus an

allowance of up to 1 hectare per lot for roads, open space, steep slopes, other unusable land. • Continuation of spatial growth patterns in which almost two thirds of total growth is within

Lismore urban area and the balance is within rural and village areas, with growth particularly encouraged in the Lismore Urban area and villages.

• Council and the community continue to support opportunities for a variety of rural life styles

including multiple occupancy, community title and dual occupancy as well as traditional rural residential subdivisions/estates.

Regular strategy reviews should be undertaken as Census data becomes available. Increases or decreases in population growth will directly affect the rate at which rural dwelling opportunities should be created.

1.3 Steering Committee Preparation of the Strategy has been overseen by the Rural Strategy Steering Committee. Council sought expressions of interest from the public, landowners and developers to serve on the Committee and resolved that the Committee comprise Crs King and Hampton, Mr L Walker from Walker & Newton Consulting Surveyors and Planners, Mr R Sargent from Ray Sargent and Associates consulting structural engineers, and the following community representatives: Mr B Moynihan, Nimbin Mr D Raymont, McLeans Ridges Mr G Cole, Numulgi Mr A Moses, Wyrallah Ms V Ekins, Lismore Mr A Kerr, Nimbin Mr B Kidd, Pan Community Council Relevant planning, engineering and environmental health staff were also part of the committee.


2. BACKGROUND

2.1 Closer Rural Settlement in Lismore

The Department of Urban Affairs and Planning has classified rural residential development into five (5) main categories. These are summarised in the following Table 1.

TABLE 1: CLASSIFICATION OF RURAL RESIDENTIAL TYPES

Type Approx. range of lot

sizes

Existing Emphasis Land Characteristics

Utility Services Normally Provided

Rural Residential Estates

2000m2 - 2ha Accommodation enjoyment of rural environment

Range of environs normally close to urban areas - for employment, recreation and community facilities

Sealed roads, reticulated water, electricity, telephone, improved drainage, sometimes reticulated sewerage

Hobby Farms

2ha - 40ha Accommodation enjoyment of rural environment part-time agricultural pursuits

Small subdivision and estates; mix of cleared areas and remnant vegetation often good soils and dam for water supply

Sealed or gravel roads, electricity, telephone, sometimes reticulated water available

Rural Retreats

4000m2 - 40ha Accommodation seeking solitude enjoyment of natural/ rural environment some agricultural pursuits

Generally isolated from other residences range of topography greater emphasis on natural environment

Usually gravel roads, telephone, electricity (optional), tank, creek or dam water

Cluster Farming and Multiple Occupancy

Generally over 40ha with small residential envelopes

Co-operative land use and development agriculture and/or care of natural environment

Varies according to theme of development and group needs involves agricultural land and/or natural vegetation

Electricity (optional), usually gravel roads, telephone, can be self contained for utility services

Dispersed households including concessional allotments

Generally large properties over 40ha

Accommodation and lifestyle part to full time farming

Varies according to use, from prime agricultural land to “bush blocks”. Can be any distance from urban centres

Wide range from fully reticulated services to fully self reliant dependant on location

Lismore has since the 1970’s experienced strong demand for rural housing. Approximately one third of total population growth has occurred in the rural areas, primarily in the following forms:

• village residential • rural residential subdivision in rural small lot 1(c) zones and more recently 1(a) rural zones; • multiple occupancies; • dual occupancy; • hobby farms; • concessional allotments


Maps 1 and 2 show the locations of existing and approved rural residential estates, multiple occupancies, rural 1(c) zones and hobby farms. In Lismore hobby farms are generally between 8 and 20 hectares; however this does not preclude an individual attempting to obtain additional income from crops on smaller areas. Rural Residential Rural residential development comprises allotments ranging in size from 2,000m2 to 2ha used for residential purposes, with virtually no agricultural component. Most rural residential lots are located in estates within defined rural-residential zones with lot sizes of 3,000m2 to 1 ha being the most common. More recently some 300 rural residential lots have been approved in Rural 1(a) zones, clustered into areas of 6 - 25 lots.

Residents of rural-residential estates for the most part rely on Lismore for employment, although a substantial proportion are either self employed on-site or receive retirement income. People residing on rural-residential allotments are generally seeking a rural ambience and greater living space. Their perception of the rural environment is one which is primarily a residential setting. Residents generally expect many services typical of urban areas, including reticulated water and electricity, garbage collection, mail delivery, sealed roads and public transport. Almost all rural-residential development in Lismore comprises individual allotments on separate Torrens Title.

Rural Landsharing Communities (formerly Multiple Occupancy) Rural Landsharing Communities (RLSC) provide a significant rural living choice in Lismore and involve residents sharing common ownership of land either as tenants in common or in company title. Each member of the RLSC owns shares in the land and is able to build a dwelling subject to compliance with the rules adopted by the community. In most cases each shareholder is entitled to exclusive use of a small portion of land for a dwelling and associated gardens and open space. Dwellings may be clustered into development nodes or dispersed throughout the allotment. Usually common facilities such as a meeting room, community kitchen, recreation area, etc are provided. In many cases the RLSC is established by persons with a common philosophy, lifestyle, or religion, etc.

Residents of RLSCs are usually seeking a community living experience offering affordable housing in a rural environment. Many RLSCs include shared farming activities and/or seek to enhance the natural environment of their properties, eg rainforest regeneration. Self-sufficiency is an important objective with responsibility for providing services such as water, electricity, waste disposal, internal roads, transport, etc shared amongst residents. Residents expect a reasonable standard of access to the property, at least a good quality gravel road, and proximity to a sealed road for access to the local village or Lismore.

Rural Landsharing Communities vary in size from just a few dwellings to as many as 40 or 50 dwelling sites, although most would comprise from 3 to 15 sites. A minimum lot area of 10ha applies. Two RLSCs have been created by way of separate titles for dwelling sites. These include Billen Cliffs (Strata Title) and Jarlanbah (Community Title). Most Rural Landsharing Communities in Lismore are located in the northern and north-western areas of the LGA. Rural Landsharing Communities cannot be subdivided unless they are located in defined rural-residential areas.

Dual Occupancy The Lismore LEP 1992 permits rural landowners to alter or add to their dwelling to create a dual occupancy dwelling. Dual occupancies have been a popular means of providing accommodation for relatives or to obtain some rental income from the property. Many rural residents would like to build a second dwelling on their property separate from the existing dwelling, so as to maximise privacy. However the North Coast Regional Environmental Plan 1988 specifically prohibits


detached dual occupancy on rural land. Lismore City Council is therefore only able to approve detached dual occupancy outside of the urban and village areas where they are located within the existing 1(c) Rural Residential zones or within one of the areas identified for preferred rural residential development in section 5 of Part A of this Strategy. Concessional and Existing Allotments Until the late 1980’s Council’s planning instruments permitted the excision of up to 3 small allotments from existing farms. This option was provided as a concession to farmers when the 40ha minimum subdivision standard was introduced into rural areas. There are hundreds of these concessional lots dispersed throughout the LGA. They mostly range in size from 2ha to 10ha and their use is primarily residential or as small hobby farms (see Map No. 2). Some landowners also took advantage of previously existing rights to subdivide small allotments for relatives. These lots generally range in size from 1,000m2 to 4,000m2 and are dispersed throughout the LGA. A substantial proportion are now occupied by persons not related to the persons owning the farm from which they were excised. Many individual land portions were in separate ownership prior to planning controls. These “existing holdings” are eligible for separate dwellings, although very few vacant existing holdings are left within the Lismore LGA. These existing holdings typically range in area from 2ha to 20ha and are used as hobby farms. Hobby Farms Hobby farms are a form of rural settlement which are primarily for residential purposes, but also offer opportunities to engage in part-time agricultural pursuits. They generally range in size from 2ha to 15ha, with some of the larger horticultural hobby farms (8ha - 20ha) offering opportunities for a substantial part-time farming income. The majority of hobby farms in Lismore comprise concessional allotments or existing holdings. There are no defined hobby farm zones and locations are dispersed throughout the LGA. Owners generally rely on off farm income (outside employment, retirement income, etc) as their main income source, whereas on farm income is the primary income source for commercial farmers. This Strategy will not identify further land for this use as there is already a large supply of rural lots of between 2 and 40 hectares because of past concessional lot and other rural subdivision practices (see Map 2).

Rural Retreats - generally larger allotments located in areas with scenic or environmental qualities. They can be located close to urban centres when separated by a rural land use and/or topographical features, for example, a ridgeline. While there may be some agriculture the motivation mainly involves seeking solitude. Because of the existing supply of lots of less than 40 hectares scattered throughout the LGA, it is considered that demand for this form of development can be met without further provision in this Strategy (see Map 2).

Dispersed Households - include family based and other commercial farming enterprises where a single household is situated on the land. It also includes lots used primarily for residential use and often created by concessional lot subdivision from larger farm properties. Except for commercial farming, the residential use is unlikely to be related to adjacent or nearby agricultural areas and the occupants may commute to a nearby urban centre. Lismore LEP contains sufficient provision for farming activities and therefore this issue is not further addressed in this Strategy. Mixing of the various settlement types as outlined above can occur such as with cluster development for hobby farms and residential estates. In these situations housing is clustered on


smaller lots with the balance of the area being used for the development theme, for example, horticulture or conservation. Farm Adjustment Farming systems in Lismore have changed over time with sugar cane, horticulture and cattle fattening supplanting dairy and beef grazing on many properties. There has been a gradual reduction in farm size as farms adjust to these agricultural changes and increasing land values. Larger farms have been divided into 40ha allotments and in horticultural areas, commercial farms of 15ha to 30ha are now common. There has been significant pressure placed on Council to allow excision of small lots containing existing farmhouses and rural worker dwellings. These dwellings are seen as an “over-investment” which is a disincentive to farm adjustment for more intensive uses such as sugarcane and horticulture. In many cases existing landowners have reached retirement age and wish to continue living within their farm dwellings, but no longer wish to own or manage the farm. They seek to have a hectare or two excised around the house from the farm and then sell the farm or transfer it to a relative minus the family home. Council has thus far resisted pressure to excise existing dwellings from farmholdings. Such excisions create further dispersed rural-residential development and potential for future landuse conflicts within rural areas. These rural areas with agricultural capability are primarily intended to cater for commercial agriculture. In certain circumstances farmers may require on-farm accommodation for rural workers. These dwellings were particularly common on dairy farms and were also permitted on larger grazing properties and horticultural holdings, where the need for a rural workers cottage could be demonstrated. Mechanisation and higher labour costs have resulted in a decline in the number of rural workers. Many rural workers dwellings are now rented to persons not employed on the farm nor even within agriculture. Some pressure has also been exerted on Council to permit subdivision of rural workers dwellings no longer required for agricultural purposes.

2.2 Lismore City Strategic Plan 1996 – 2020 The options examined in the draft Strategy have been derived as an outcome of the Lismore City 1996-2020 Strategic Plan prepared by Lismore City Council. The 1996-2020 Strategic Plan is an expression of the broad philosophy for the City and provides a non-statutory framework for the management of planning issues and achievement of the desired outcomes in which the links between people and nature are recognised in order to promote the continuing sustainability of the City’s ecological, economical and social systems. Specifically, the draft Strategy relates to the following aims and objectives of the 1996-2020 Strategy Plan:


3.4 Planning and Development Integration Aims: To outline a strategic framework for the responsible development and balanced land

management of the Local Government Area. Relevant Objectives:

• To support economic and environmentally sustainable development in urban and rural areas with appropriate planning and development models and policies.

• To establish planning and development criteria that reflects the commercial, environmental, social and cultural expectations of the customers and community.

• To integrate infrastructure, environmental, social and cultural strategies with planning and development policy.

5.1 Land Management Aims: To outline a strategic framework for the efficient and appropriate management of all

land and natural resources in the LGA. Relevant Objectives:

• To ensure that the development of the Area is economically and environmentally sustainable.

• To develop strategies, policies and systems to ensure efficient and consistent land management decision are applied in the Area.

• To integrate land use strategies, policies and systems into planning and development models.

6.3 Conservation and Rehabilitation Aim: To conserve, protect and enhance the natural geographic features and

environmental resources in the LGA. Relevant Objectives:

• To consult with industry, government agencies and the community on conservation and rehabilitation of the environment.

• To establish strategies and policies that encourage the conservation and rehabilitation of the environment.

• To develop conservation and rehabilitation strategies, policies and systems consistent with, and incorporated in related strategies, policies and systems.

• To ensure the protection of indigenous and local flora and fauna of significance. • To apply legislative responsibility to ensure maintenance of environmental standards

and application of controls according to statutory requirements. In statutory terms the preparation of a strategy for rural land releases for housing purposes is governed by the North Coast Regional Environmental Plan (REP) and by the North Coast Urban Planning Strategy (NCUPS).


2.3 North Coast Regional Environmental Plan Plan preparation - rural land release strategy 20.(1) The council should not prepare a draft local environmental plan for rural land permitting

rural residential or small holding developments unless: (a) it has prepared a rural land release strategy for the whole of its area; and (b) the Director has approved of the strategy; and (c) the draft plan is generally consistent with that strategy. (2) A copy of any such rural land release strategy should: (i) be available, without charge, for public inspection and comment at the office of the

Council during normal office hours; and (ii) be forwarded by the Council for their information to such public authorities as, in the

opinion of the Council, have responsibilities reasonably requiring them to be aware of the strategy.

(3) In identifying land suitable for rural housing, any such strategy is to give preference to

areas which:

(a) are physically capable of supporting rural housing; and (b) are close to existing settlements which already have services and community facilities,

or can otherwise be efficiently and economically serviced; and (c) are physically suitable for septic effluent disposal; and (d) are not required or likely to be required for future urban expansion of existing

settlements; and (e) do not comprise prime crop or pasture land; and (f) are not subject to significant environmental hazards; and (g) are not of significant value for the conservation of wildlife.

(4) Any such strategy is to be based on the average number of allotments needed annually to

meet genuine demand for rural residential and small holding development. (5) The average annual number of allotments needed to meet such demand over any period

agreed by the Director is not to exceed 130 percent of the average number of building approvals granted for the erection of dwellings (in the course of rural residential and small holding development) in the area in each of the preceding 5 years.


2.4 North Coast Urban Planning Strategy Rural Residential Development Strategy Action 3 Local councils which wish to proceed with rural residential development should: i) prepare a rural residential land release strategy pursuant to clause 20 of the North Coast

REP 1988; ii) have regard to any policy or guidelines (including interim advice) prepared by the

Department of Planning; iii) reinforce economically desirable rural residential settlement patterns, by requiring that

rural residential residents pay the actual cost of services to such development; iv) ensure that rural residential development is:

• Sufficiently isolated from mineral/quarry sites and haulage routes (existing and potential), State Forests and logging roads, sawmills, intensive agricultural industries, other industries and agricultural land to minimise land use conflict

• Located only where there is good road access to urban centres with suitable services • Not located with direct access to arterial roads • Located where the cost of service and infrastructure provision can be minimised;

v) not provide for rural residential on land identified as:

• good agricultural land • flood prone • environmentally significant • future urban release or investigation areas • a geological/quarrying/mineral resource • unsuitable for on-site sewage disposal (unless the land is to be sewered) • subject to instability • contaminated by past land use • subject to moderate to high bushfire risk;

vi) prepare rural residential land release strategies in conjunction with neighbouring LGAs

where there are clear implications for adjoining areas; vii) place a draft of the strategy on public exhibition for two months and distribute it to relevant

government agencies for comment, prior to being forwarded to the Department of Planning for endorsement by the Director;

viii) ensure that rural residential land release strategies are monitored for adverse impacts and reviewed at intervals of five years.

Responsible agency: local government. Support agency: Department of Planning The Department of Urban Affairs and Planning has also produced “Guidelines on Rural Settlement on the North Coast of NSW”.


2.5 Guidelines on Rural Settlement on the North Coast of NSW The Rural Housing Strategy has been prepared in accordance with the Department of Urban Affairs and Planning’s “Guidelines on Rural Settlement on the North Coast of NSW”. These Guidelines are based on four planning principles: • Catchment Planning Framework • Settlement Pattern Development • Key Planning and Design Elements • Participatory Settlement Planning The principal objective of the approach advocated in the Guidelines is to design and locate rural residential living to avoid environmental damage and to integrate such development with the landscape and other landuses. Planning begins with an analysis of the broader catchment, ie the Lismore Local Government Area, working down to district, precinct and property catchments. Community and landowner participation is a key feature of the planning process at each of the catchment levels.


3. CRITERIA FOR IDENTIFYING LAND WITH POTENTIAL FOR CLOSER RURAL SETTLEMENT

A key feature of Council’s Strategy is the prior identification of lands considered to be potentially suitable for closer rural settlement. Only land so identified is able to be included in a closer rural settlement investigation area. The determination of suitable areas was based on information mapped in Council’s GIS. This information was supplemented by 1:25000 multi-attribute mapping provided by the Department of Land and Water Conservation. Land that avoids hazards and prime agricultural land and which meets the adopted criteria was identified from this mapping and matched with an estimate of likely demand based on population projections. A range of assessment criteria have also been established to facilitate identification of areas suitable for closer rural settlement. These assessment criteria are grouped into the following general categories: • Landuse planning objectives • Locational suitability • Land suitability • Availability of services • Standard of vehicular access • Potential development conflicts • Environmental impacts • Socio-economic impacts • Market demand and feasibility • Community development benefits • Environmental enhancement Each of these criteria must be adequately addressed to the satisfaction of Council before a landholding or locality can be included within a closer rural settlement investigation area. Only land within an investigation area is eligible for consideration by Council for rezoning and subsequent development. Landuse Planning Objectives Land deemed suitable for closer rural settlement shall accord with the Department of Urban Affairs and Planning’s “Guidelines on Rural Settlement on the North Coast” and shall be capable of being developed in an economically, environmentally and socially sustainable manner. Locations shall reinforce the existing settlement pattern and not result in the fragmentation of prime agricultural land or sterilisation of resources, nor adversely affect existing amenity and the environment. Land should not be identified for closer rural settlement where it is identified as being required for future urban or village development. Lands proposed for closer rural settlement shall not be dispersed in small parcels but rather be clustered into precincts. Applications for subdivision must comprise a minimum four lots or dwelling sites. An exemption may be made in the case of “in-fill” subdivision amongst existing rural residential development. Detached dual occupancy dwellings must generally be located within sufficient distance of existing dwellings to negate demands for subdivision.


Development precincts shall be accessible to services, be physically suitable for development, acceptable to local communities and not result in adverse environmental impacts. Land Suitability The land to be developed must be physically suitable for development and in particular should be free of hazards or constraints such as flooding, acid sulfate soils, landslip and excessive slope, prime agricultural land, high bushfire risk, aircraft noise and other non-compatible land uses, remnant native vegetation and primary or secondary koala habitat. Site development including access roads, building envelopes and effluent disposal areas must be accommodated on lands not exceeding 20% slope, nor recognised as being environmentally sensitive. A sufficient land area with soil conditions suitable for on-site effluent disposal to meet the performance objectives in Council’s On-Site Sewage and Wastewater Management Strategy must be available if a common reticulated effluent disposal system cannot be provided. The following maps show those lands where absolute constraints to rural residential development apply: Map 3 –Flood Prone Lands, shows areas of land affected by the 1 in 100 year flood event. Map 4 – Acid Sulfate Soils, shows areas affected by

Map 5 – Slope > 33% and Mass Movement, shows slope greater than 33% and areas having a high and medium severity of mass movement.

Map 6 – Land Classified having an Agricultural Land Capability Class 1, 2 & 3, shows land classified by the Dept. of Land & Water Conservation as having a land capability class 1, 2 & 3 for agriculture. This information has been utilised as been broadly representative of the location of better agricultural land. The data will be revised when NSW Agriculture completes its revision of agricultural land suitability mapping in the local government area.

Map 7 – High Bushfire Risk, shows lands affected by a high bushfire hazard.

Map 8 – Exclusion Landuse Zones and Areas, shows land use zones and areas such as urban zones, urban investigation zones, environmental protection zones, water catchment areas and National Parks in which rural residential development would be unsuitable or prohibited.

Map 9 – Landuse Buffer Areas, shows buffers areas for quarries, cattle tick dip sites, airport, rifle range, garbage tips and sewerage treatment works.

Map 10 – Native Vegetation, shows areas that support significant stands of remnant native vegetation including rainforest, wet sclerophyll forest, dry sclerophyll forest, swamp complex and littoral complex (mangroves etc).

Map 11 – Primary and Secondary Koala Habitat, shows areas identified as supporting primary and secondary koala habitat.

Map12 – Areas not Physically Constrained, shows areas that are not affected by the constraints identified on Maps 3 to 11 and which may be suitable for rural residential development subject to satisfying the locational criteria outlined below.


Locational Suitability Potential closer rural settlement localities shall be readily accessible to existing community facilities such as schools, shops, community halls, and recreation facilities. As a consequence, localities must be within approximately 3 - 5kms of an urban area, village or hamlet which contains at least one of the above listed facilities. Localities must be within walking distance of a school bus route. Map 13 shows Lismore’s existing settlement hierarchy in relation to lands that are not physically constrained. Adequate separation shall be provided from areas of environmental, resource or agricultural significance. Identified localities should also offer an attractive living environment, outlook and aspect. Areas of heritage or Aboriginal significance or subject to development hazards must be avoided. It is expected that virtually all potentially suitable areas will be located within the existing General Rural 1(a) zone, as other rural zones are generally constrained in some way, eg flooding, prime agriculture, environmentally sensitive, etc. Threatened Species Map 14 shows the location of NPWS threatened fauna and flora records in relation to the identified unconstrained lands. Availability of Services Services such as a school bus, postal service, telephone and electricity supply must be available to the land or be economically capable of being provided to the land. Where a reticulated treated water supply is not available, a sufficient on-site potable water supply and if necessary a reticulated rural raw water supply must be capable of being provided without adversely affecting water quality and availability to other landholdings in the locality. Standard of Vehicular Access Localities suitable for closer rural settlement shall be accessible to the nearest urban area, major village or main road by a sealed road of adequate standard to accommodate increased traffic likely to be generated from existing and future development. Currently the minimum standard is a 6 metre wide seal on an 8 metre gravel formation, with adequate pavement quality. Where this standard of access currently does not exist, it must be economically feasible for future development to meet the costs of upgrading existing substandard access roads. In these circumstances landowners within a proposed rural residential area will be required to enter into a legal agreement with Council to bring the road up to the required standard prior to Council proceeding with the rezoning. Road standards are to be in accordance with the requirements of Development Control Plan No. 28 - Subdivisions, Section 10 - Rural Residential Subdivision. Direct vehicular access from allotments to a State, Regional or Main Road is not permitted. Potential Development Conflicts A number of activities in rural areas such as feedlots, quarries, intensive farming, dairies, horticulture, high tension power lines, offensive and hazardous industries, rural industries, etc, have potential to impact adversely on residential amenity associated with closer rural settlement. Land in close proximity to landuses that may adversely impact on residential amenity is not to be utilised for dwellings. Council’s Development Control Plan No. 27 - Buffer Areas details buffers which need to be provided to most potentially conflicting landuses. The following buffer areas nominated in DCP #27 are required to be provided as part of the subdivision design unless it can be demonstrated that there is a clear case for variation of the nominated distances:


Table 6: Landuse Buffers

Landuse Primary buffer distance Secondary buffer distance Cattle tick dips 200 m. Abattoir 800 m. 1,000 m. Quarries > 10,000 m3 pa: 500 m.

5,000-10,000 m3 pa: 400 m. < 5,000 m3 pa: 300 m.

> 10,000 m3 pa: 800 m. 5,000-10,000 m3 pa: 600 m. < 5,000 m3 pa: 400 m.

Sewerage treatment works

400 m.

Garbage tips 300 m. Rifle range 500 m, around range Airport 4,000 m. and runway

approaches

Intensive horticulture requires a 150 metre dwelling setback where there is no planted buffer, or an 80 metre dwelling setback where the setback distance incorporates a 30 metre wide planted buffer within the setback in accordance with the design criteria specified in DCP No.27. Closer rural settlement areas should also be clearly separated from important flora and fauna habitats, commercial forestry areas, significant wetlands, water catchment/conservation areas and areas of mineral or other resource value. Building envelopes and effluent disposal areas should be sited at least 100 metres clear of any watercourses and 250 metres from any potable ground water supply and should satisfy the performance objectives of Council’s On-Site Sewage and Wastewater Management Strategy. Where tree planting is required for the establishment of planted buffers, a bond will be required for such works for a specified period to ensure that all plantings are maintained until fully established. Environmental Impacts An assessment must be made of the potential environmental impacts of any proposed closer settlement area in terms of likely impacts on water quality (both ground and surface), air quality, erosion, land stability, flora and fauna, drainage, vegetation, other components of natural systems and on views from public roads. Any locations where likely adverse impacts are more than minimal are to be avoided. Socio-Economic Impacts Closer rural settlement should occur in areas which complement existing settlement patterns, maintain or enhance the viability of existing services and facilities and are acceptable to the local community. Areas developed should not result in adverse economic impacts such as a loss of good quality agricultural land, sterilisation of resources or lead to a restriction on farming practices or substantial reduction in the amenity of existing residents. Locations which may require potentially uneconomic extension of services should be avoided. Future development must have a positive socio-economic impact. Market Demand and Feasibility There must be an identifiable market for closer rural settlement in the localities selected. Such locations should preferably have an attractive outlook, ambience and aspect. Any location deemed suitable must also be able to be feasibly developed having regard to land and development costs, including Council Section 94 levies and requirements relating to services and environmental protection. There should be reasonable certainty that selling price will generate an adequate cash


flow to ensure that revenue exceeds costs. Council will not agree to accept inferior standards on the grounds that expected selling price is inadequate to meet projected costs. Development should simply not proceed in these cases, or be deferred until the market is stronger. Any development proposal should be accompanied by a feasibility analysis indicating that the development is viable. Community Development Benefits The development of areas considered suitable for closer rural settlement should make a positive contribution to the community development of those localities. Positive contributions may include reversal of population decline, provision of additional community facilities and services or improvement to existing facilities and services, creation of jobs, substantial improvement in the standard of road access and public transport, broadening of the population base and enhancement of the quality of life in the area, improved recreational facilities, etc. Environmental Enhancement Development is traditionally seen to have at least some adverse impact or at best a neutral impact on the environment. Council’s Strategy requires that closer rural settlement create positive environmental impacts. Environmental benefits may include, for example, the restoration of degraded land and stream banks, reforestation, habitat enhancement, tree planting and landscaping, creation of nature reserves or wildlife corridors or contributions to support conservation projects such as purchase and enhancement of environmentally sensitive lands. Where tree planting is required for the rehabilitation or enhancement of environmentally sensitive areas, a bond will be required for such works for a specified period to ensure that all plantings are maintained until fully established. Community Title may be required to ensure management of such lands.


4. LAND SUPPLY AND DEMAND

4.1 Existing Land Supply

Considerable stocks of rural residential land are available as a result of consents issued under the now revoked clause 15 of Lismore LEP 1992, and in the 1(c) zones. At March 1999 a total of 347 rural residential lots had received development consent, 128 had been constructed and final plans released but only 56 had buildings approved in the previous five years. Less than half of the lots approved have proceeded to construction and registration of title indicating that demand is perceived to be so low that construction is not financially viable. The rate of dwelling approvals on these lots over the past five years has averaged 11 per year.

Development Consents lapse within a specified time if they are not acted upon or extended by application. It is likely that a considerable number of lots approved but not constructed will be within consents which lapse within the short term. Therefore the effective supply may be:

136 lots released less 56 with building approvals 80 lots theoretically available, representing over 5 years’ supply.

However, there could be fewer lots available as some lots would have sold, but no dwelling approval has been sought.

4.2 Factors Affecting Land Supply • Physical constraints and hazards - topography, flooding, acid sulphate soils, etc. • Perceived demand and willingness of landowners to develop. • Costs of development - application fees, consultant’s fees and Section 94 Contributions,

infrastructure provision. • State Government requirements, eg minimum areas for on-site effluent disposal. Past subdivision practices and in particular the old concessional lot provisions, have resulted in a scattering throughout rural areas of small lots of sizes ranging from hobby farm to rural residential sizes. Map 2 indicates these lots. It is assumed that in addition to supply of newly created lots noted above, a proportion of these developed lots will be available for sale at any one time.

4.3 Population Projections Past population growth rates in Lismore have been derived from previous Census figures. Thus the recorded growth rates for the three intercensal periods between 1981 and 1996 are as follows: Census Period Growth Rate 1981 - 1986 1.7% pa 1986 - 1991 2.2% pa 1991 - 1996 0.7% pa


Analysis of building approval figures between July 1, 1996 and June 30, 2000, indicate that growth rates have remained below 1% per annum. Lismore has experienced a lower than average population growth compared to other Local Government areas on the North Coast. The most recent growth rate is the lowest in 25 years. This justifies the Department of Urban Affairs and Planning belief that growth rates on the North Coast during the last 10 years may have been abnormally high, due to the influence of external factors. These include high immigration rates into Australia which can trigger correspondingly high out-migration rates from capital cities to coastal and regional growth centres. Council has considered a range of population projections to the year 2010, based on low, medium and high projections. It has adopted an annual population growth of 312 persons per year until the year 2000, after which the annual growth scenarios of 312 persons per annum (low growth), 600 persons per annum (medium growth) and 868 persons per annum (high growth) may apply. The following table is based on the medium projection from 2001 onwards, and based on the Census count of 42,954 people in 1996.

TABLE 2 - POPULATION PROJECTIONS FOR LISMORE 1996 TO 2010

Year 1996 2000 2001 2005 2010 Population 42,954 44,202 44,514 46,914 49,914

Council’s planning strategies to date have assumed continuation of spatial growth patterns whereby approximately two-thirds of total growth is contained within the Lismore urban area and the balance of growth is accommodated within the villages and rural areas. On this basis Table 3 below provides a breakdown of expected urban, village and rural growth in Lismore, while giving a slightly greater emphasis to village development compared with rural residential subdivision than has occurred in the past.

TABLE 3 - FUTURE GROWTH PATTERNS Type Proportion Predicted Population Growth

2000 - 2010 Urban 63% 3599 Village 15% 857 Rural Res and MO’s 18% 1,028 Other Rural 4% 228 Total 100% 5,712

Based on the percentages shown in Table 3, the expected growth rate for rural areas of Lismore is shown in Table 4.

TABLE 4 - PREDICTED RURAL RESIDENTIAL GROWTH RATES (i.e. excluding Urban, Village and ‘other Rural’ development)

Year 2001 2005 2010 Additional Population 56 488 1,028


Census data indicates that there has been an increase in small households and a corresponding decrease in large households. This has been reflected in declining occupancy rates for dwellings in both the urban and rural areas. Notwithstanding this, the household occupancy rates for village and rural areas have remained substantially higher than that for the urban areas. The occupancy rate within rural areas was estimated to be 3.1 at the 1991 Census. By extrapolating past trends the expected occupancy rates for rural dwellings to the year 2010 are as follows:

Period Occupancy Rate 1996 - 2001 3.1 2001 - 2010 3.0

4.4 Projected Land Demand Based on the projected growth rate for rural settlement, as shown in Table 3, and the expected occupancy rate for rural dwellings outlined above, the predicted number of lots/households required to satisfy expected rural settlement growth requirements to the year 2010 is shown in Table 5 below.

TABLE 5 - PREDICTED RURAL DWELLING DEMAND

Year Additional Population Occupancy Rate Dwellings 2001 56 3.1 18 2005 488 3.0 163 2010 1028 3.0 343

The Director-General of the Department of Urban Affairs and Planning has set a quota for rural residential lots and dwellings on new rural landsharing community developments such that no more than 240 lots/dwellings can be approved over a ten year period. This quota also includes any rural residential lots that may be created within existing 1(c) Rural Residential zones. Council will monitor the supply and the uptake of lots (i.e. dwelling commencements).

It is anticipated that of the permitted 24 additional lots/dwellings per annum, the majority will be created as rural residential and community title, with a minority as rural landsharing communities or detached dual occupancies. As Map 2 shows, there is already sufficient land over 2 hectares to cater for both hobby and conventional farming demands and rural retreats.

At the conclusion of the quota period of 375 lot approvals over five years (August 1998), Council had approved the set quota but only 56 dwellings had been approved on these lots. At March 1999, there was a supply of 291 rural lots approved but not occupied, or eight years supply (assuming medium growth rate).

However, it cannot be assumed that current lot approvals will be sufficient for projected demand, as this does not allow for the lapsing of consents should they not be taken up. Suffice it to say that current lot supply is more than adequate for demand in the short term. Building records indicate that there has been relatively high number of building approvals in the rural areas over the past 5 years with an average of 73 dwellings per annum approved outside the Lismore urban area and village zones for the period July 1, 1996 to June 30, 2000. While the figure includes new dwellings approved on larger rural holdings, old concessional lots and multiple occupancies, it does suggest that there remains a genuine demand for rural housing in Lismore.


4.5 Factors Affecting Demand The Lismore Affordable Housing Strategy identified several influences on demand for housing, including: • The loss of jobs in the public sector in recent years, and the insecurity which has continued in

their wake, has undermined the confidence of home buyers and investors; • There has been a large increase in the proportion of renters in the local population while the

proportion of home buyers with mortgages has shrunk. In addition, the global trend towards short term and part-time employment may mean that potential home buyers are unable or unwilling to commit to mortgages. Other factors affecting demand are: • Population movement into the region and into Lismore Local Government Area. • Employment availability and location. • Affordability of rural lots/housing in comparison to urban housing. • Interest rates. • Cost and availability of rural living opportunities in adjoining shires. • Perceived amenity of locality, of subdivision and of home sites. • Distance, and cost of travel, to recreation, employment, etc.


5. POTENTIAL RURAL SETTLEMENT LOCALITIES

Predicted rural dwelling demand (Table 5) indicates a potential demand for approximately 340 rural sites over the next 10 years, assuming that a predicted population growth rate of 600 people p.a. is achieved and maintained. The effective current supply, after discounting consents likely to lapse shortly, is less than 100. There is, therefore, a need to identify additional land to cater for expected growth to 2010. The land identified after considering the location of criteria is observed below. Ten localities comprising a total area of approximately 1,257 hectares have been identified as having potential for Closer Rural Settlement based upon the land suitability and locational suitability criteria outlined in section 3. These areas are shown on Map 15. The relationship of these localities to those lands that have been identified as being physically unconstrained, as well as to the location of threatened species records, is also identified Map 15. These areas provide for a potential 630 additional rural dwellings over the life of the Strategy to the year 2010. Potential lot yields cannot be determined with any accuracy at this stage, as detailed analysis of topographic constraints and servicing requirements for each area have not been undertaken. Lot yields are expected to vary between and within localities, based on factors such as slope, aspect, existing vegetation, need for buffering from adjacent land uses, method of effluent disposal, availability of suitable building sites, and drainage. The lot yield is indicative only, and is based on an assumption of 1 lot per hectare, plus up to 1 hectare per lot for roads, open space, unusable land, steep slopes etc, ie 1 lot per 2 hectares. Yield may be lower in areas with steeper slopes where larger lots are necessary and may be higher when such constraints are not present. Accurate potential lot yields and dwelling numbers will be possible only at the next stage of implementation of this Strategy when Locality Development Guidelines are prepared. The locations of these 10 areas are shown in Map 3 with indicative development potential and possible development forms summarised in Table 8 below.

TABLE 8 - POTENTIAL CLOSER RURAL SETTLEMENT LOCALITIES

Locality Possible Development Forms Approx. Area (ha)

Wyrallah Caniaba Tullera/North Lismore Nimbin Dunoon/Modanville Bexhill Clunes-Eltham Richmond Hill McLeans Ridges The Channon

• Rural Residential with Torrens Title or Community Title

• Dual Occupancy • Rural retreats

56 53 42

320 23 77 36

299 207 144

TOTAL 1,257 Table 5 indicates that approximately 340 additional rural dwellings will be required for projected demand at the year 2010. Table 8 above shows that the land identified within this Strategy can satisfy that demand.

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MODANVILLE LOCALITY


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THE CHANNON LOCALITI POTENTIAL RURAL RESIDENTIAL

SUBDIVISION AREAS

Scale 1: 25,1100

Printed 06.10.,2006


The number and extent of suitable locations close to Lismore are constrained by the existence of prime agricultural land and koala habitat to the east, south-east and south, and flood prone lands to the west and north. Land required for the future long term urban development of Lismore and villages must also be avoided (eg Monaltrie, land to the north-east of Bexhill). Six of the above locations (Wyrallah, Caniaba, Tullera/North Lismore, Bexhill, Richmond Hill and McLeans Ridges) are all within 10 to 15 minutes drive of Lismore. The number of localities is also minimised so as to ensure that excessive dispersal/fragmentation of closer rural settlement does not occur.

5.1 General Outline of Potential Closer Rural Settlement Localities Wyrallah An area of approximately 56 hectares adjacent to the village of Wyrallah (east of the village) is suitable for closer rural settlement. This area has moderate to gentle slopes, is not prime agricultural land and offers an attractive outlook from potential dwelling sites. Ample land for the future expansion of the village of Wyrallah is available on the northern and southern sides of the existing village. Proximity of koala habitat to the north east of the subject land may require control over dogs within any future estate. Preferred forms of closer rural settlement in the Wyrallah locality are rural residential (including community title subdivision). Population growth may prompt the development of additional services in Wyrallah, particularly a much needed general store. Upgrading of South Skyline Road will be required as this road is currently in a poor state. Two existing small to medium sized piggeries near the northern portion of the rural residential area are a constraint for development further north along South Skyline Road. Caniaba An area of approximately 50 hectares adjoining and to the south east of the hamlet of Caniaba is suitable for closer rural settlement. This area has moderate to gentle slopes, is not prime agricultural land and enjoys a pleasant outlook and aspect. The land adjoins the Caniaba Village area and is well separated from potential adverse impacts (eg odours) of the South Lismore Sewerage Treatment Works (STW) and the Lismore Airport (aircraft noise) to the north and east of the subject land. Development of the subject land will complement Caniaba Village. The land is also very accessible to Lismore being only a 10 minute drive from the Lismore CBD. There is also some potential for further village style development to the north in Nimoola Road, however, this area requires further assessment because of its proximity to the STW and Airport buffers. Rural residential and village development will be expected to contribute to the upgrading of Caniaba Road in accordance with the adopted Plan of Management for the Upgrading of Caniaba Road from the Bruxner Highway to Fredericks Road. Preferred forms of closer rural settlement in the Caniaba locality are rural residential (including community title subdivision) and rural retreats. An access road and new intersection off Caniaba road will be required. Tullera/North Lismore The Tullera/North Lismore locality is very accessible to Lismore and covers an area of about 18 hectares. It is less than 10 minutes drive from the CBD and comprises mostly cleared land of gentle to moderate slopes. Lot 113 DP 755729 McLeay Road North Lismore has been identified as having potential for rural residential development subject to the proviso that:


(a) Rezoning for rural residential purposes is stayed pending Council’s investigation of the area

for its urban potential. Rezoning to permit rural residential subdivision will not proceed if, as an outcome of the investigation, the land is determined to be suitable for urban development.

(b) The stay on rezoning of the subject land is to apply for a period of one year from Council’s

adoption of the Strategy after which time the land will be deemed suitable for rural residential development unless Council’s investigation has already determined that it is suitable for urban development.

(c) Notwithstanding (a) and (b) above, Council will not support the rezoning of the land for

rural residential purposes if the outcome of independent noise assessments commissioned by Council indicate that noise levels experienced at the site during the operation of the Lismore Speedway are not within acceptable limits as imposed under the previous EPA licence conditions.

Preferred forms of closer rural settlement are rural residential, or community title subdivision. Additional vehicular entrances directly onto Dunoon Road will not be permitted and the number of new road connections to Dunoon Road should be minimised. Nimbin There are three areas adjacent to Nimbin that may be suited to closer rural settlement. These areas will not constrain future expansion of Nimbin Village and are of lower agricultural value. All areas are within cycling distance of Nimbin. (a) Falls Road/Cecil Street The Falls Road/Cecil Street area is located on the south-east fringe of Nimbin and is already

substantially developed with rural residential, community title and hobby farm settlement forms. This locality has an area of about 120 hectares with potential for additional lots, mainly in the Falls Road sector. However the area supports native vegetation that may have significant value as wildlife corridors providing connections to other areas wildlife habitat and National Parks in the general locality. The Locality Development Guideline should identify areas of remnant native vegetation, their relationship to other vegetated areas in the broader locality and their potential to provide local and regional wildlife corridors. The LDG should demonstrate how such areas are to be protected and enhanced.

Significant upgrading of Falls Road will be required. Some of the better quality agricultural land off Falls Road could be consolidated into larger lots for rural retreats rather than smaller rural residential lots. Preferred forms of closer rural settlement in the Falls Road/Cecil Street area are rural residential and community title subdivision.

(b) Gungas Road The Gungas Road area is located to the north east of Nimbin extending northwards from

Tuntable Road and covering an area of around 100 hectares. A large proportion of this area has already been subdivided for rural residential allotments, but there is potential for creation of further lots. Constraints in this area are a dip site and possible noise emanation/truck movements from Nimbin Sawmill. Two existing single lane bridges on Gungas Road may need upgrading as a result of new rural residential development.

Preferred forms of closer rural settlement in the Gungas Road area are rural residential and community title subdivision.


(c) Stony Chute Road Land identified at Stony Chute Road is located to the west of Nimbin and the north of Stony Chute Road covering an area of almost 90 ha. Stony Chute Road provides a good standard access to the site. The preferred form of rural settlement in this area is community title subdivision incorporating environmental restoration of corridors along creeks and ridgelines. The Department of Mineral Resources has identified the Nimbin area generally as having open-cut and underground mine potential. Any future application for rezoning of this land will be referred to the Department of Mineral Resources for comment and assessment based on the Department’s information on resource potential in the area at the time of rezoning.

Dunoon-Modanville Modanville is a large rural residential estate located about 3km to the south of Dunoon. Most of this area has already been subdivided, however, there is some potential for minor extensions. Land to the south of the existing rural residential development in Dunromin Drive is bounded by a steep escarpment at its western boundary. A large part of the site is steeply sloping with a southerly aspect. 66KV power lines also transverse the site in a north-south direction. The only area that is considered to have reasonable potential for further rural residential subdivision is the area to the east of the power lines that has direct access to Dunromin Drive. No additional accesses to Dunoon Road are to be created as a result of any subdivision. Preferred forms of closer rural settlement in Modanville are rural residential and community title subdivisions. Some of the more constrained sites may be suitable for larger lots. Bexhill Land to the west of the village of Bexhill is ideally suited to rural residential subdivision being within walking distance of Bexhill, of low agricultural value and only 10 minutes drive from Lismore. Further allotments could be developed on land that is mostly cleared and of gentle to moderate slope. The brickworks site will require a buffer area on its western side to protect future residential amenity and preserve any remaining extractive resource. Buffering of the dairy farm to the west will also be required. Land to the east of the existing 2(v) Village Zone has been identified for future village expansion of Bexhill. Access to Lot 27 DP 737099 is restricted. An access handle has been maintained off Grace Road however the topography at this point is moderately sloping. Any future proposed access road will be subject to appropriate engineering design. A better solution may be to provide access through Lots 24/25 DP 737099 Grace Road. All access should be via Grace Road to the north and not via Rankin or Greengate Roads to the south that would involve access across a level railway crossing without signal lights. The intersection of GraceRoad/Gibson Lane/Clunes Street/Corndale Road, together with the first section of Grace Road from the intersection, require upgrading to an acceptable standard to cater for traffic generated by existing and future rural residential development in the area. Landowners wishing to proceed with rezoning for rural residential development in this area will be required to enter into a legal agreement with Council to upgrade the intersection to the required standard prior to any rezoning proceeding. Preferred forms of closer rural settlement are rural residential, and community title subdivision. Clunes-Eltham A small area in Johnston Road between Clunes and Eltham is identified for closer rural settlement. The land is of low agricultural value with moderate slopes and is close to both Clunes and Eltham.


About 37 hectares is available for development, and will complement recently approved rural residential and community title subdivisions in this locality. There is potential to subdivide additional lots on land that is mostly cleared and of gentle to moderate slopes. Extensive tree planting on the steeper cleared areas would be very desirable. Preferred forms of closer rural settlement are rural residential, and community title subdivision. Richmond Hill/McLeans Ridges Richmond Hill is the largest and one of the most popular rural residential estates in Lismore with several hundred rural residential allotments developed in a corridor along Richmond Hill Road. There is potential for expansion of the Richmond Hill estate into the Pineapple Road area and eastwards across to Camerons Road. The Richmond Hill area is to all intents and purposes part of the Lismore urban area and adjoins the urban fringe of Goonellabah. Easterly expansion is constrained by good agricultural land in McLeans Ridges and Alphadale. Expansion elsewhere is generally constrained by steep slopes. Development of land within Lot 3 DP 606565 and Lot 6 DP 252092 identified as having potential for rural residential purposes should only occur on the basis that road access is provided to Richmond Hill Road and that development of the area proceeds in a logical and coordinated fashion from south to north. The expanded Richmond Hill locality covers a total area of almost 300 hectares and may accommodate another 100 to 150 dwelling sites. In the longer term there could be potential to open up more land for rural residential development in the area north and north west of Pineapple Road when the Eastern Bypass proceeds to construction. At the moment the hazardous Pineapple Road/Bruxner Highway intersection is a major constraint for future development in the Pineapple Road sector. Preferred forms of closer rural settlement in the Richmond Hill locality are rural residential, and community title. Being adjacent to Lismore smaller lot size (3,000m2 - 5,000m2) would be preferred, however subdivision at this density is likely to require some form of shared effluent disposal rather than individual on-site disposal systems. Council will not maintain any such shared effluent disposal system, so that if such a system is required, community title is the preferred form of subdivision so that residents are responsible for the system. Rural residential subdivision in the McLeans Ridges area has been a controversial issue. There is a demand for closer rural settlement in this locality because of its attractive rural setting and outlook and accessibility to Wollongbar and Goonellabah. The land along Camerons Road from Cowlong Road to Boatharbour Road is of more limited agricultural value compared to most of the balance of McLeans Ridges. A number of rural residential subdivisions have been approved along Camerons Road in recent years. The Camerons Road area of McLeans Ridges comprises gently to moderately sloping land with scattered trees and a number of dispersed tree clusters. Expansive views in an attractive rural setting are a feature of the area. About 200 hectares is available for development with about 25% within recently approved subdivisions. A further 80-100 lots could eventually be subdivided, subject to the provision of an efficient effluent disposal system as referred to above. Preferred forms of closer rural settlement include rural residential, community title subdivision and rural retreats on the larger lots with steeper slopes. Sections of Boatharbour Road, Camerons Road and Cowlong Road will require upgrading. Direct vehicular accesses to these roads should be precluded and the number of new road connections minimised.


The Channon There are three potential closer rural settlement areas within walking distance of The Channon village. The western area contains gently sloping cleared land, quite heavily dissected by drainage gullies leading into Tuntable Creek. Closer settlement on this land should ensure that effluent disposal arrangements prevent pollution of the creek. Future subdivision design will need to take account of the location of two dip sites on the eastern side of Koonorigan Road. Future development of Part Lot 2 DP 579092 and Lot 1 DP 120225 Tuntable Creek Road will need to take into consideration any areas affected by local flooding along Tuntable Creek. An agricultural assessment carried out by a suitably qualified agricultural consultant will be required at the rezoning stage. An area of 72 hectares to the east of the village is quite hilly and well timbered, suitable only for low density shared or common title clustered development. The area supports native vegetation that may have value as wildlife corridors providing connections to other areas of wildlife habitat and National Parks in the general locality. The Locality Development Guideline should identify areas of remnant native vegetation, their relationship to other vegetated areas in the broader locality and their potential to provide local and regional wildlife corridors. The LDG should demonstrate how such areas are to be protected and enhanced. The identified areas at The Channon can accommodate dwelling sites in proximity to the village services provided by The Channon. Some road upgrading and road extensions will be necessary, with clustered style development the most suitable form of settlement.

Preferred forms of closer rural settlement in The Channon area are rural residential, community title and rural landsharing communities. The locality development strategy will have to address access and bushfire management issues.


6. DUAL OCCUPANCY AND RURAL WORKERS’ DWELLINGS Closer rural settlement in the form of rural residential subdivision is restricted to the localities identified in this Strategy. Rural dual occupancy and rural workers’ dwellings are however, not restricted solely to those identified localities.

6.1 Dual Occupancy Attached Dual Occupancy (ie an addition to an existing dwelling house or construction of a new dwelling to provide two attached dwellings with separate occupancies) is permitted anywhere within the rural zones of Lismore where a single dwelling house is permitted by the LEP. Subdivision of dual occupancies is not permitted. Detached Dual Occupancy (ie erection of a second physically separate dwelling on an allotment of land where one dwelling is already in existence and will continue to be occupied) is proposed to be permitted only where the following criteria are met: (i) the land is zoned Rural 1(c) or located within a Closer Rural Settlement Investigation Area; (ii) the second dwelling shares the same vehicular access as the first; (iii) the second dwelling is located wholly within a radius of 80 metres of the existing dwelling; (iv) the land is physically suitable for construction of a second dwelling; (v) the land is physically suitable for an additional effluent disposal area; and (vi) the second dwelling complies with provisions of the Lismore Local Environmental Plan

regarding development on ridge tops and the need for any buffer areas to avoid potential conflicts.

6.2 Rural Workers’ Dwellings Rural workers’ dwellings will generally be permitted only where it can be demonstrated that there is a legitimate need and justification for an on-site rural worker. To obtain consent to erect a rural workers dwelling, the applicant must demonstrate that: • The farm generates or is expected to generate enough income to support the employee; • The farm cannot operate without the employee’s labour; • On-site accommodation is essential for the farming enterprise. Essential requirements for Council approval of a rural worker’s dwelling are that: • The dwelling must be on the same legal title as the principal farm dwelling. • The dwelling must not require construction of an additional road access. • The dwelling must be located so that it minimises conflict with adjoining land uses. • The farm must generate enough income to support the employee who is to be housed in the

dwelling. • Evidence is provided showing how the employee will assist in the operation of the farm. • Evidence is provided that no alternative local labour or housing is likely to be available. Rural worker’s dwellings must be erected within 80 metres of the existing residence. Such dwellings will only be permitted on allotments with areas of at least 40ha, except in the case of established intensive farming activities (eg horticulture, poultry farming, etc) where a minimum area of 20 ha applies. More than one rural worker dwelling per property is unlikely to be approved unless the scale of agricultural production is very large and it is necessary for more than one (1) worker to live on site (other than on a temporary basis, eg during harvesting). Subdivision of rural worker’s dwellings (or original farm houses) onto separate allotments with areas less than the minimum area specified for erection of a rural dwelling in the Lismore LEP is not permitted. Applicants for rural worker’s dwellings are encouraged to obtain copies of a pamphlet which may assist in preparing a Development Application called “Can I Build a Rural Worker’s Dwelling? Local Government Guidelines for Landholders” from NSW Agriculture.


7. IMPLEMENTATION

7.1 The Catchment Approach to Rural Residential Planning Catchment planning involves identifying and reinforcing rural settlement patterns using physical, social and service catchments. Catchment planning can be undertaken at the sub-regional, district, local precinct and property level. A catchment is defined as a distinct natural area and/or social framework in which settlement patterns are established and serviced. An outline of the catchment based approach to rural planning is attached as Annexure 1. In Lismore the catchment approach commences with the boundaries of the local government area as the boundaries of the sub-regional catchment, with preferred rural settlement localities identified in areas accessible to Lismore or existing and proposed villages. Those identified localities comprise land which is capable of accommodating closer rural settlement in a sustainable manner which can be economically serviced and is supported by the community and Council. Implementation from Strategy to site development will proceed within the following Three Step Planning Process: STEP 1

Local Government Area Rural Housing Strategy prepared by Lismore City Council in consultation with the community (including residents, landowners, Govt Agencies, etc)

STEP 2

Developers prepare a Rezoning Application and Locality Development Guidelines (LDG) in consultation with Council and residents of the locality. (Rezonings incorporate a 3 year “sunset clause” and require development to proceed in accordance with the approved Locality Development Guidelines which will be adopted by Council as a DCP).

STEP 3

When Locality Development Guidelines and Rezoning Applications have been endorsed by Council, the Developer may proceed to preparation of a Development Application for approval by Council when rezoning has been gazetted. (Rezonings will not be forwarded to the Minister for gazettal until arrangements for core infrastructure such as upgrading of existing roads have been completed)

i

i


Step 1 – A City-wide Strategy The catchment planning approach involves three stages comprising a City-wide strategy, the combined Locality Development Guideline and rezoning application, and the subdivision application. The City-wide strategy is the Lismore Rural Housing Strategy 2000. This identifies preferred locations for closer rural settlement, and describes the planning processes and principles that must be followed through to rezoning and subdivision. Those localities must meet the planning criteria and objectives contained in both the 2020 Strategic Plan and the Rural Housing Strategy and be broadly supported by the community, particularly by those who own land or reside in those areas. Public consultation forms an important part of the process of identifying preferred localities for closer rural settlement. Suitable areas included within the Strategy would then be subject to more detailed planning assessment during the preparation of a Locality Development Guideline before the rezoning can proceed. Step 2 - The Locality Development Guideline (LDG) and Rezoning Application The Locality Development Guidelines should be prepared for the preferred areas by a planning consultant on behalf of affected landowners and in consultation with the local community and relevant government agencies. The LDG must be consistent with the Rural Housing Strategy and provide a framework for more detailed planning and design for the development precincts and individual properties within the boundaries of the locality development area. The Locality Development Guideline will be adopted by Council in the form of a Development Control Plan (DCP). Costs for preparation of the LDG will be expected to be met by landowners who are interested in developing their land for closer rural settlement. Locality Development Guidelines are required for each of the localities and will form part of the rezoning application. In the case of Nimbin, separate LDGs will be required for each of the three preferred areas in Gungas Road, Falls Road and Stony Chute Road. The LDG will be expected to address the following: • Development opportunities and constraints. • Identification of existing land uses and land use trends in the locality. • Environmental, social and economic impacts of rural residential subdivision. • Potential conflicts or incompatibility with surrounding land uses and recommendations for the

design and width of buffers. • Environmental management principles including proposed methods of environmental

management (relating to flora, fauna, water quality and views), identification of any required buffer areas, and addressing: - protection of native flora and fauna; - protection or improvement of water quality; - protection or improvement of views from main roads; - avoidance of soil erosion.

• Identification of areas requiring rehabilitation such as riparian zones, existing vegetation remnants, gullies and intermittent watercourses and steep slopes together with opportunities for linking such areas both within the property and to adjoining areas. Information on the proposed method of rehabilitation is to be provided including numbers and species of trees to be planted, occurrence of environmental weed species and their proposed method of removal, proposals for fencing to exclude stock, mulching etc.


• Design principles for subdivision and location of buildings (to comply with DCP 28 - Subdivision).

• Infrastructure requirements - water, sewer, roads, intersection upgrades and drainage (to comply with DCP 28 – Subdivision, AUSTROADS and Council’s Development Construction and Design Manual).

• Servicing strategy (roads, water, sewer, drainage), including a draft Agreement for lodgement with Council identifying local infrastructure such as roads and intersections that will be required to be upgraded to an acceptable standard to cater for the increased demands that will be generated by the ultimate level of new rural residential development that can occur within the locality in accordance with the Strategy. The Agreement is to provide for equitable division of costs amongst all developing landowners. Where the existing standard of such infrastructure does not meet the adopted standards required to cater for current development or usage in the area, the full costs of upgrading of such infrastructure to the required standard is to be met by the developing landowners.

• Indicative lot and road layout showing how access will be gained to each land parcel. Note: Subdivision layout must demonstrate that there is no potential to increase the number of domestic or stock rights as defined in the Water Management Act through any increase in the number of allotments with direct frontage to a river or watercourse.

• Landscaping concept. • Potential building and effluent disposal sites including a wastewater management strategy for

the area. • Any relevant matter identified in the section of this Strategy: Potential Closer Rural Settlement

Localities – General Outline NOTE: Council will not maintain shared effluent disposal systems. Therefore if site constraints indicate that such a system is required community title must be utilised to ensure that residents are responsible for the operation and maintenance of the system. Council will not consider applications for rezoning for rural subdivision purposes over land that is not identified for that purpose in this Strategy. Rezoning applications will only be forwarded to the Minister for gazettal after a Locality Development Guideline has been accepted and adopted by Council as a Development Control Plan. Rezoning will be by means of inclusion within a schedule in the Lismore Local Environmental Plan to enable rural residential subdivision in conformity with an approved Locality Development Guideline. A three year sunset clause will apply in all cases to ensure that development proceeds within a reasonable timeframe. The exception is land that is within a 1(c) Rural Residential Zone introduced by Lismore LEP 1992. Owners of undeveloped land are not required to seek rezoning, as the land is already appropriately zoned. However, they will be required to participate in the preparation of a Locality Development Strategy. The inclusion of land in this Strategy does not predetermine the outcome of a rezoning application. Such applications are subject to the consideration of Council, public consultation, Government Department advice and the determination of the Minister for Urban Affairs and Planning.


Rural subdivision is not a priority for Council. Therefore rezoning applications must await their turn amongst other work items listed in Council’s Management Plan for the Strategic Planning Section. Step 3 - The Development Application A Development Application for subdivision may only be lodged with Council after Council has endorsed the Locality Development Guideline (LDG) and rezoning of the land. The Development Application will provide detailed subdivision design including lot boundaries, building envelopes, vehicular access points, property landscaping, services, etc., and must be in accordance with the adopted LDG. The Development Application may be submitted to Council after the rezoning plan has been forwarded to the Minister for Urban Affairs and Planning, for gazettal.


8. MONITORING AND REVIEW

8.1 Supply Release of rural lots and dwelling applications approved will be monitored annually. Should it appear that demand is likely to exceed supply within a three year time frame, then a review of the Strategy will be initiated.

8.2 Demand Demand will be assessed by monitoring the number of development applications for rural dwellings and also by consideration of results of each Census when released.

(i:/miscplan/Rural Settlement Strategy.doc)


ANNEXURE 1 - Catchment Based Approach A CATCHMENT BASED APPROACH (The information contained in this Annexure has been derived from the “Guidelines in Rural Settlement on the North Coast of NSW” prepared by the Department of Urban Affairs and Planning) The catchment approach involves the adoption of a vision and the application of a series of planning objectives and planning principles. Vision In this context the vision is the over-riding goal or aim of the catchment based approach. It sets the direction for rural settlement in an overall context. It is appropriate that the Department sets a vision for the region but individual councils consider how this vision can be incorporated into their planning for rural settlement. The intention is to establish a land development pattern and a management process which addresses the issues of existing inappropriate rural residential forms and location, while encouraging better forms of development in appropriate locations. A suitable regional vision for rural settlement on the North Coast of NSW is: Rural settlement on the North Coast will provide a range of lifestyle options in harmony with the natural and cultural opportunities and unique character of the region. At the same time rural settlement will minimise the economic, social and environmental costs to the whole community. Planning Objectives The following planning objectives support the vision for rural settlement and are useful for planners and developers and all levels of Government and private enterprise to achieve ‘best practice’ rural residential planning. 1. Thresholds to growth. Manage supply of rural residential lots in conjunction with urban lot

development within carrying capacity of catchments (based on physical, servicing and social criteria) and based on an analysis of genuine demand.

2. Natural Environment. Ensure rural settlements protect and enhance natural features and

ecological values of the region. 3. Diversity of lifestyle. Provide a range of sustainable options for rural living as limited

alternative to urban living. 4. Character and identity. Design rural settlements which retain and enhance the rural character

of local areas and do not lead to a blurring of the distinction between urban settlement and the surrounding rural hinterland.

5. Land use suitability and compatibility. Identify preferred areas physically suitable for rural

settlement which are compatible with surrounding land uses including agriculture, forestry, mining and extractive industries.

6. Efficient servicing and self reliance. Encourage rural settlements which are located and

designed to minimise the economic, social and environmental costs of providing and maintaining services; for example internal roads, solid waste and wastewater disposal and maintenance of natural areas within the development envelope.

7. Quality of Life. Encourage rural settlement design which promotes quality of living throughout the various stages of life.


8. Integrated settlement. Integrate rural settlement and urban settlement in a distinct hierarchy within the region or sub-region, by focusing new rural settlement on preferred areas and adopting a cluster approach to subdivision design.

9. Enhancing existing rural development. Adapt existing rural settlements where possible to improve their form and liveability.

10. Awareness and responsible action. Educate people and foster community involvement in sustainable rural settlement. Promote the use of themes for new rural settlement to create a focus for rural residents and achieve greater co-operation in land management issues.

Planning Principles Four main principles have been adopted as the basis for a catchment based approach in rural residential planning. They require implementation as a package, with each element assisting the others to achieve appropriate development, land use and management. Proposals that are based on these principles are likely to be consistent with the planning objectives above.

Principle 1 - Catchment Planning Framework Catchment planning involves identifying and reinforcing rural settlement patterns using physical, social and service catchments. It can be undertaken at the sub-regional, district, local precinct and property level. Not all levels will be relevant in all circumstances.

Principle 2 - Settlement Pattern Development (Rural Settlement Hierarchies) In the past the rural landscape had a basic hierarchical organisation of town, village and farmhouse with a linked hierarchy of services and functions. In many circumstances rural residential development has undermined this structure by allowing people to live in dispersed locations with little regard for direct access to higher order centres.

It may be possible to build onto and reinforce an existing hierarchy by allowing limited rural residential development in strategically placed enclaves. Placement of enclaves in preferred locations will assist in maintaining the viability of towns and villages both economically and socially, and also maintain the traditional rural landscape by curtailing rural sprawl.

Combining catchment planning information and the rural settlement hierarchy enables the local authority to identify preferred areas for rural residential development.

Principle 3 - Key Planning and Design Elements In designing or assessing rural residential development the five key planning and design elements identified in the diagram below can be used as a checklist of whether the proposal addresses all of the relevant issues. The elements are most useful at the property level.

These elements are interlinked. The strength and benefits of adopting this approach relies on the key elements being achieved by ensuring rural development types, location and forms are consistent. Protecting the Efficient Environment Compatible Servicing and Self Land Use and Reliance Character Providing Community for Resource


People’s Needs Management


Principle 4 - Participatory Settlement Planning The purpose of participatory settlement planning is to provide meaningful direction, comments and feedback on planning and design matters. The better the information available to people wanting to assist in the planning process and the more opportunity for interest groups to work collectively, then the greater the propensity to develop responsible strategies and resolve issues. Instead of waiting for community reaction at the end of a detailed planning and design stage, a pro-active process should be established. • Catchment Planning Framework • Settlement Pattern Development • Key Planning and Design Elements • Participatory Settlement Planning


ANNEXURE 2 - DEVELOPMENT OPTION EVALUATION Lismore 2020 Strategic Plan

Criteria Concentration Model Public Transport Nodes Composite Model Public Transport Access and Mobility

Promotes provision of integrated public transport system

Urban form focused on establishment of efficient public transport

Provides for establishment of efficient public transport and compact urban form

Economic Development and Employment

Economic efficiency in terms of transport urban services and land

Suffers in economic comparison unless full real cost of private vehicle use brought to bear

Promotes self sufficiency

Environmental and Resource Management

Reduced usage of non-renewable resources, i.e. land and energy

Control of impact on the environment Avoids intrusion into environmentally sensitive areas

Education Lismore principal centre for education Provides for increased accessibility to educational facilities

Reinforces Lismore as principal centre for education

Human Services Lower cost of service provision encourages use of facilities within Lismore

Integration of human services Access to human services promoted

Protection of Agricultural Land Less intrusion into agricultural land Reduces area encroaching on agricultural land

Avoids intrusion into land with high agricultural value

Land Management and Population Growth

Encourages development of high density development in Lismore CBD

Development in nodes promoting accessibility

Enhances quality of urban life

Total Catchment Management Urban expansion contained resulting in reduced effects on catchment minimised

Development in nodes helps to manage land and water resources

Lessens impact on catchment by ensuring continuing stability and productivity of soils

Beautification, Green and Habitat Meets Council’s objective to focus on Lismore Beautification Program

Management of development to recognised focal points to maintain rural landscape

Encourages high urban design and landscaping standards for Lismore CBD

Sport and Recreation Takes advantage of existing facilities provision Accessibility to recreation areas promoted

High accessibility of sporting and recreation areas

Physical Infrastructure Lower cost of infrastructure and more equitable use

Promotes efficient provision of infrastructure

Efficient infrastructure provision

Community Consultation High level of communication possible Increased accessibility to all community sectors

Effective communication channels promoted

Tourism Opportunity for co-ordination of tourism promotion

High level of mobility for tourists Efficient structures created for tourism growth

Cultural Development Lismore developed as centre of cultural activity Reinforcement of existing centres of cultural activity

Lismore developed as centre of cultural activity

Effective Government Lismore developed as centre for administration Reinforcement of Lismore as administration centre

Centre of government services in Lismore

*Aboriginal Culture *This is an important issue which requires the application of measures outside the ambit of town planning. (i:/miscplan/rural settlement strategy.doc)


KEY

Mountain Top O

' ) Coffee e

,'~ Cam p .~ f" ()

.I

0 Large v111 ages 400 +

0 Small v111ages 100 - 400

0 Hamlets

Multiple Occupancy

0 5 10 I

kilometres I

Map 1 : Settlement Hierarchy & Existing Rural Landsharing Communities

~r rsmon

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KEY Hobby Farms

--- & Rural Retreats

kilometres 10 I

Map 2: Hobby Farms and Rural Retreats

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KEY - Rivers/ Creeks I Dams

Flood Prone Areas

kilometres 10 I

Map 3: Flood-prone Lands

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KEY

Ii : war11 i:: 1.-.1ti1n liCD mllh i:: 111'aC1Jactint111a i::i:: 1,2,::: ar 4 lanel •:.tllch al"?' ll11l'I~• b 111•:.'l'r tn• •:.-a'llrbblll blll11•:.• 1 ml'h AH D In ala i::i:: 1,2,:::, 11r 4 l:md .

kilometres 10 I

Map 4: Acid Sulphate Soils

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KEY

Mass Movement

■ Moderate ■ Severe

Slope

Slope> 33%

kilometres 10 I

Map 5: Slope> 33% and Mass Movement!

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KEY

D AGRICULTURAL LAND CAPABILllY CLASS 2 & 3

kilometres 10 I

Map 6: Agricultural Land Capability Class II and Ill

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KEY - High Bushfire Risk /1,eas

kilometres 10 I

Map 7: High Bushfire Risk

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KEY

- Swamp complex - no regrowt

- Wet sclerophyll forest

Rainforest

Littoral Complex (Mangroves c)

Dry Sclerophyll Forest

0 5 10

kilometres

Map 8: Exclusion Land Use Zones

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Legend D 200m Cattle Tick Dip

D 800m Quarry

400m Sewer Treatmen Works

LJ 300m Garbage Tip

D 500m Rifle Range

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1000m Abattoir

4km Airport

10 I

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□-□ ~=---~• ::::=+-□-·-o ..-.._.__. ___ .,._.

■ ----• -•-·--

vEGETATION KEY -~-_,,,_ ..... . ·:.-::.._.__. ■ ·---·-□ i.-,~,_.__.

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10

Map 10: Native Vegetation

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KEY

- Main Rivers and Creek

- Primary Koala Habitat

Secondary Koala Habit

kilometres 10 I

Map 11: Primary & Secondary Koala Habitat

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Printed March 2004


KEY

D Areas not physically constrained

kilometres 10 I

Map 12: Areas not physically constraineEt

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KEY

D /lreas not physical I y ,::on:strai ned

0 Large \oi llages 400 +

0 Small \oi llages 100 - 400

0 Hamlets

0 5 10 I

kilometres I

Map 13: Areas not physically constrained showing Settlement Hierarchy

~'f lsmore

-.,.•.-... .::;

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KEY

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Part B: Rural Landsharing

Communities

lismo city eouncil

CONTENTS Page No 1 INTRODUCTION……………………………………………………………………..……1 2 BACKGROUND .................................................................................................................... 1 3 SUPPLY AND DEMAND ..................................................................................................... 2 3.1 Demand…………………………………………………………………………………2 3.2 Supply ............................................................................................................................ 5

4 LOCATIONAL OPTIONS TO PROVIDE FOR RURAL- LANDSHARING COMMUNITIES .................................................................................... 6 4.1 Existing situation............................................................................................................ 6 4.2 Other Approaches .......................................................................................................... 7 4.2.1 Catchment approach ............................................................................................. 7 4.2.2 Contain rural landsharing development to specified areas or localities ............... 8 4.2.3 No future provision for rural landsharing development ....................................... 8 4.2.4 Recommendation .................................................................................................. 8

5 CRITERIA FOR IDENTIFYING LAND WITH POTENTIAL FOR RURAL LANDSHARING COMMUNITIES ..................................................................... .9 5.1 Landuse planning objectives.......................................................................................... .9 5.2 Locational suitability...................................................................................................... 10 5.3 Land suitability .............................................................................................................. 10 5.4 Availability of services .................................................................................................. 11 5.5 Standard of vehicular access .......................................................................................... 11 5.6 Potential development conflicts ..................................................................................... 12 5.7 Environmental impacts .................................................................................................. 13 5.8 Socio-economic impacts ................................................................................................ 13 5.9 Community development benefits ................................................................................. 14

5.10 Environmental enhancement…………………………………………………………....14

6 CATCHMENT PLANNING AND CONSTRAINTS MAPPING ..................................... 15 7 LAND POTENTIALLY SUITABLE FOR RURAL LANDSHARING DEVELOPMENT .................................................................................................................. 16

8 METHOD OF PROVIDING FOR FUTURE RURAL LANDSHARING COMMUNITIES ................................................................................................................... 17

9 REFERENCES ...................................................................................................................... 18 APPENDIX 1 - LIST OF ROADS MEETING ASSESSMENT CRITERIA .........................................20 MAPS ..........................................................................................................................................................23 1 Existing Rural Settlement Hierarchy 2 Hobby Farms and Rural Retreats 3 Location of Roads and Community Infrastructure 4 Areas Potentially Suitable for Rural Landsharing Communities

Part B: Rural Landsharing Communities 1

1. INTRODUCTION Lismore City Council has prepared a strategy for closer rural settlement that is to comply with requirements of the North Coast Regional Environmental Plan, 1987 (NCREP) and accord with the Dept. of Urban Affairs and Planning’s Guidelines on Rural Settlement on the North Coast of NSW. At its meeting of August 25 1998 Council resolved that it pursue its own policy for rural landsharing opportunities and seek exemption from State Environmental Planning Policy No 15 (SEPP No 15) as part of the closer rural settlement strategy. It is intended that the strategy for rural landsharing communities be read in conjunction with and form an addition to the comprehensive Rural Housing Strategy. 2. BACKGROUND The initial planning control to enable and regulate multiple occupancy development of rural land within the existing City of Lismore local government area was introduced by the then Minister for Planning and Environment by way of alteration to the Shire of Terania Interim Development Order No. 1 (Terania IDO) on February 29, 1980. The alteration applied to those parts of land in the Parishes of Boorabee, Bungabbee, Jiggi, Nimbin, Hanging Rock, Terania and Whian Whian in the City of Lismore. The alteration also provided a ‘retrospective’ form of approval to twenty-three (23) ‘parcels’ of land on which multiple occupancy had been developed or proposed. The provisions enabling multiple occupancy developments that were applied to Terania IDO were ‘carried over’ verbatim into the City of Lismore Interim Development Order No. 40 (Lismore IDO No 40) gazetted August 29, 1980. The interim development order consolidated into the one planning instrument the City of Lismore Planning Scheme Ordinance and the IDO’s relating to the City of Lismore and Shires of Terania and Gundurimba. The local planning provisions enabling multiple occupancy were removed (January 15, 1988) from Lismore IDO No 40 by the gazettal (January 22, 1988) of State Environmental Planning Policy No. 15 – Multiple Occupancy of Rural Lands (SEPP No 15). On January 11, 1988 the Minister for Planning and Environment issued a direction to councils, which limited the contribution, councils could require from multiple occupancy developments for services and community facilities to $1,950 per dwelling. The direction was revoked June 14, 1988. SEPP No 15 was amended once (November 23, 1990), repealed (December 1, 1994 by SEPP No 42) and reintroduced with some minor amendment and alteration (April 9, 1998). Councils were advised at the time SEPP No 15 was repealed that the control of multiple occupancy was considered a matter for local government. It appears however, as councils in the State generally had not made local provision for multiple occupancy, the State government proposed that SEPP No 15 be introduced and exhibited a draft policy. At its meeting of August 25, 1998 Lismore City Council resolved to pursue its own policy for rural landsharing opportunities and seek exemption from SEPP No 15.


3. DEMAND AND SUPPLY It is difficult to accurately predict the general demand for rural housing. It is particularly difficult to predict demand for housing provided on multiple occupancy (rural landsharing) developments given the unique nature of the form of development. A variety of factors such as:

• future rates of general population growth, • lifestyle and interest in the notion of being part of a rural intentional community, • relative costs of rural housing opportunities (rural residential, multiple occupancy and

village), • an individuals wealth or credit rating, • interest rates and access to home finance, • access and distances to facilities such as shops, schools and community facilities, • variation in and acceptance of different forms of land ownership and tenure arrangements, • individual community ‘by-laws’, management plans, articles of association and the like, • relative costs and development opportunities in adjoining local government areas

(especially. Byron and Kyogle Shires), • enabling planning legislation to provide for the form of development, • the notion of a finite land supply, not physically constrained and suitable for rural housing

opportunities, • the condition and cost of up-grading (if required) and on-going maintenance of community

infrastructure, especially the ailing rural road network, etc. will impact on the demand for both the traditional forms of rural residential and multiple occupancy development. Many of these factors are unquantifiable and unpredictable. Individual, or group decisions regarding lifestyle, social, cultural and environmental aspirations will influence the demand and need for a supply of land and dwelling sites suitable for future rural landsharing communities. These variables will influence the ‘take-up’ rates for vacant or undeveloped sites on existing multiple occupancies. 3.1 Demand The report titled Post Development Approvals Inspections of Multiple Occupancy Developments to Council’s meeting of July 18, 1995 identified the following:

Table 1: Approved multiple occupancy developments - pre 1980 to July 18, 1995.

Nature of existing community No. of communities

Percentage

Unchanged since the gazettal of the Terania IDO alteration

9 15

Terania IDO developments with subsequent approval

14 23

LCC and LEC approved developments 37 62 TOTAL 60 100


Twenty three (23) Multiple Occupancy developments (representing 38% of the total number) were approved in 1980 as part of the alteration to the Terania IDO. For the period January 1981 to July 1995 (14 years), the other 37 developments (62%) represents a general average of two to three Development Applications per year which were made to Council and approved by Council or the Land and Environment Court.

Table 2: Size of approved multiple occupancy developments (in terms of numbers of dwelling sites).

Number of

dwelling sites Number of

developments Percentage

2 9 15 3 to 5 21 35 5 to 10 9 15 10 to 15 10 17 15 to 20 4 7 20 to 25 1 2 25+ 6 10 TOTAL 60 100

Two dwelling site multiple occupancies were approved prior to the November 23, 1990 amendment to SEPP No 15. The amendment increased the minimum size of multiple occupancies from two (2) to three (3) dwelling sites. The majority (67%) of approved multiple occupancies are between 3 and 15 dwelling sites. Generally, multiple occupancies between 3 and 5 dwelling sites (35% of total number) appear to have been developed by extended families and are more of a themed specific purpose development, eg. agricultural or spiritual uses.

Table 3: Number of approved sites and dwellings, at July 18, 1995.

Approved sites* 700 No. of dwellings on approved sites 413 59% No. of vacant sites 258 37% No. of temporary occupations 29 4%

* or equivalent, early approvals set a maximum level on the number of adults that were permitted to live on a development. At the time (July 1995) of the report to Council, SEPP No 15 had been repealed and until April 9 1998 no legislative and planning framework existed to enable DA’s for multiple occupancy to be made to, or approved by Council. The following table shows the number of Development Applications made to Council since the reintroduction of the SEPP No 15 (April 9 1998).


Table 4: Development applications for rural landsharing communities since re-introduction

of SEPP No 15 Number Proposed number of

dwelling sites Locality / road Approval status

1 1 additional site on an existing development

463 Wallace Rd Tuntable Creek

Awaiting determination

2 15 30 Henson Rd Nimbin


3 5 459 Blade Rd Nimbin

Approved

4 5 8 Potessu Rd Jiggi


5 11 929 Blue Knob Rd Blue Knob

Approved

For the period July 1995 to February 1999, the following numbers of Building Applications for dwellings on existing approved dwelling sites had been made to Council:

Table 5: Building applications on existing multiple occupancies, July 1995 to Feb. 1999.

Application on a vacant site 20 Application to recognise existing dwelling 1 Application for temporary occupation 2 TOTAL 23

Twenty two (22) additional dwellings and temporary occupation licences [seven (7) dwellings per year] have been approved on thirteen existing communities for the period July 1995 to Feb. 3 1999 (3.5 years). The above analysis of Council records suggests that there is not a significant demand for either new multiple occupancy living opportunities nor is the rate of approved dwelling construction particularly great on existing approved vacant sites. Real Estate Industry Comments Comments were sought from real estate agents operating in Nimbin in order to get a an “anecdotal feel” from an industry perspective of the demand for land for future multiple occupancy development, existing dwellings and vacant sites on existing approved developments. The following summarises the comments made: Interest and inquiries for land on which to establish a rural landsharing community;

• 4 – 5 per year. • in the past 6 months, 13 – 14 people through the door looking for land, though they’re not

necessarily clear as to what they are seeking. • not many inquiries are pursued to reality.


Interest and inquiries for dwellings on existing established communities;

• 1 per month, • saleability appears to be strongly influenced by community by-laws and degree of

organisation efficiency on particular communities, • demand appears to be increasing, particularly for reasons of affordability. Dwellings can be

priced as low as $35,000 - $55,000, the median price ranges between $70,000 and $90,000, which appears cheaper than dwellings on ‘traditional’ rural residential estates. There appears to be a greater sense of stability on communities and acceptance of the development as a form of housing choice.

Interest and inquiries for vacant sites on established and developing communities;

• 1 per month. • Prices generally range from $20,000 to $25,000 and $35,000 ‘top of the range’.

It is recognised that this information does not reflect the use of lifestyle magazines and similar publications, existing formal and informal (friend and family) networks, Internet etc. One agent suggested 50% of share and dwelling sales maybe through these mechanisms. 3.2 Supply The July 18, 1995 report attempted to quantify the potential number of additional undeveloped dwelling sites on existing multiple occupancy developments. The ‘spare capacity’ of existing approved developments, not developed to the maximum density formula provided for in SEPP No 15, was calculated and was estimated to be in the order of 396 additional dwelling sites. It was “guess-estimated” that 130 – 150 dwelling sites may be able to be created by application in the future. However, the realisation or use of this ‘spare capacity’ may not be possible due to both physical land constraints and capabilities and socio-economic factors relating to ownership, management, lifestyle etc. The Director-General of the Department of Urban Affairs and Planning has set a quota for rural residential lots and dwellings on new rural landsharing community developments such that no more than 240 lots/dwellings can be approved over a ten year period. This quota also includes any rural residential lots that may be created within existing 1(c) Rural Residential zones. Council will monitor the supply and the uptake of lots (i.e. dwelling commencements).

It is anticipated that of the permitted 24 additional lots/dwellings per annum, the majority will be created as rural residential and community title, with a minority as rural landsharing communities or detached dual occupancies.


4. LOCATIONAL OPTIONS FOR RURAL LANDSHARING COMMUNITIES

In general, the earlier and current SEPP No 15 policies permitted the form of development in broad areas (eg. areas defined by Parish boundaries or rural zones of the Interim Development Order and Local Environmental Plan). These strategies were supplemented by establishing specific and general environmental planning objectives and standards, which had to be assessed, met and adopted. A catchment based approach to closer rural settlement including rural residential estates, hobby farms, rural retreats and cluster / multiple occupancy has now been adopted and promoted by the State Government to local councils. The following briefly identifies the existing and some alternative strategic locational approaches, which may be considered suitable for future rural landsharing developments. 4.1 Existing situation Currently SEPP No 15 is the planning mechanism, which enables DA’s to be made to Council for rural landsharing communities (multiple occupancy). In general the Policy potentially enables rural landsharing developments on lands zoned rural. It excludes areas, which may be physically constrained, or of environmental significance by establishing performance standards or criteria which intending applicants and Councils should consider when proposing and assessing applications. The Policy applies to lands within the Lismore local government area that: • are zoned rural under the Lismore LEP. This might potentially include lands zoned General

Rural 1(a), Agricultural 1(b) and Riverlands 1(r); • is a single allotment; • are not the following land types:

◊ within the meaning of the National Parks and Wildlife Act 1974 eg. a national park, historic site, State recreation reserve, nature reserve, State game reserve, wilderness area, Aboriginal area, protected archaeological area or Aboriginal place etc.,

◊ to which a wilderness protection agreement applies, ◊ which are Crown, State forest etc. lands under either the Crown Lands or Forestry Acts or ◊ which is critical habitat under the Threatened Species Conservation Act; ◊ identified under the Lismore LEP that are identified for environmental protection,

conservation, water catchment, open space, scenic protection etc.; • has an area greater than 10 ha; • contains not more than 25% prime crop or pasture land; • is adequate in terms of availability of suitable land on the site so that no dwelling will be

located on land in excess of 180 (1:3 or 33%) or land prone to mass movement and • no structure or work is located in an area, which is a wildlife refuge, corridor or management

area.


4.2 Other Approaches The approach in SEPP No 15 is one of several that could be developed and adopted to allow rural landsharing in the Lismore local government area. A number and / or mix of other locational options can also be considered in the preparation of the strategy.

4.2.1 Catchment approach This is the approach outlined in the guidelines produced by the Dept. of Urban Affairs and Planning titled, Rural Settlement: Guidelines for Rural Settlement of the North Coast of NSW. It is generally acknowledged that rural settlement strategies prepared in accordance with the guidelines will satisfy the requirements of the NCREP that rural housing be undertaken in a planned manner. The regional plan requires that Councils have prepared rural settlement strategies prior to approving draft local environmental plans for rural residential development. Interestingly and somewhat contrary to the rather ‘footloose’ or generally open approach of SEPP No 15, the planning guidelines produced by the Dept. of Urban Affairs and Planning for SEPP No 15 also appears to be steering Councils and future rural landsharing development to a locality or catchment approach. The SEPP No 15 guidelines (pg 5) state that “many local government areas have guidelines or strategies in place which indicate preferred locations and forms for settlement in rural areas”. The guidelines particularly note the relevance of the Rural Settlement: Guidelines for Rural Settlement of the North Coast of NSW and indicate “it would be appropriate for rural landsharing communities to be located in areas which are consistent with these guidelines and strategies”. Council at the time it resolved to seek exemption from the provisions of the Policy and to prepare its own local provisions for rural landsharing development was advised by the Northern Regional Office of the Dept. of Urban Affairs and Planning (Aug. 10 1998) that:

“The Departments Circular to Councils B11 indicates that councils may apply for exemption from SEPP No 15 if similar provisions allowing rural landsharing are incorporated into a local environmental plan. Given the requirements of the Department’s “Guidelines of Rural Settlement on the North Coast of NSW”, that rural landsharing opportunities be restricted to appropriate locations, it is likely the Department would consider a suitable LEP amendment upon adoption by the Council of a suitable rural residential strategy.”

The Minister for Urban Affairs and Planning responding (Oct. 26 1998) to a letter from Council expressing concerns regarding the re-introduction of SEPP No 15 and it’s desire to provide its own policy for rural landsharing advised:

“When SEPP No 15 was reintroduced, the accompanying Circular to Councils No B11 prepared by the Department of Urban and Affairs and Planning (1 April 1998), indicated that councils may make provisions which provide the same opportunities as SEPP No 15 for rural landsharing communities and may then apply for exemption from the Policy. It is envisaged that such provisions would, however, form part of a local environmental plan (LEP) rather than a “local policy” as suggested by your Council. I understand that Lismore City Council is reviewing its strategy for rural living opportunities. As indicated in the Department’s Circular, where rural settlement guidelines apply, such as the “Guidelines on Rural Settlement on the North Coast of NSW” these


should be taken into account. The consequent LEP could then form the basis for an exemption from SEPP No 15.”

The Lismore Rural Settlement Strategy has outlined and adopted the key features of the approach promoted in the rural settlement guidelines. The brief for the preparation of this component of the rural settlement strategy requires that suitable localities be identified for rural landsharing community development.

4.2.2 Contain rural landsharing development to specified areas or localities Generally, these approaches define a broad area in which the development is permitted and set a range of planning performance standards to be met.

(i) Use of large cadastral (Parish or County) boundaries to define general localities and

areas. (The alteration to the Terania IDO in Feb. 1980 adopted this approach). Of the sixty approved multiple occupancy developments in the City, the majority [50 (83%)] of approved multiple occupancies still occur in the part Parishes of Boorabee, Bungabbee, Jiggi, Nimbin, Hanging Rock, Terania and Whian Whian within the Lismore local government area.

(ii) Nominate or use an existing rural landuse zone.

(This is similar to the current approach adopted of SEPP No 15 and might exclude those lands primarily zoned on the basis of a particular land attribute or constraint, eg. prime agricultural land zoned 1(b) – Agriculture zone, or flood prone lands zoned 1(r) – Riverlands)

(iv) Provide and designate a landuse planning zone specifically for multiple occupancy. (v) Use individual property cadastral boundaries to specifically define land considered

suitable for rural landsharing development. (vi) Define general localities

4.2.3 No future provision for rural landsharing development

This option is not considered viable or practical, inevitably it is likely that unauthorised use of land would result. To-date no substantive planning argument has been produced to prohibit further multiple occupancy development which, if undertaken in a planned and responsible manner, is generally accepted as a legitimate use of rural land for residential purposes, particularly in the region. Furthermore, the State Government has required that Council’s local environmental plan enable the form of development in order for Council to achieve exemption from SEPP No 15.

4.2.4 Steering Committee Recommended Option

In order to facilitate the change from the State Government planning policy (SEPP No 15) to Local Government planning policies (LEP & DCP) the Rural Settlement Steering Committee’s preferred planning option is to enable future rural landsharing development on unconstrained lands that meet the selection criteria and are identified as potentially suitable for future rural landsharing communities.

The land should meet the land suitability assessment criteria described in the following section.


5. CRITERIA FOR IDENTIFYING LAND WITH POTENTIAL FOR RURAL LANDSHARING COMMUNITIES

A key feature of this Strategy is the prior identification of lands considered potentially suitable for forms of closer rural settlement. Closer rural settlement includes the use of rural land for rural residential subdivisions, rural landsharing communities, rural hamlets, hobby farms and detached rural dual occupancy. The assessment criteria adopted for future rural landsharing development is similar to that adopted for rural residential development in Part A of this Strategy. The assessment criteria are grouped into the following general categories: • Landuse planning objectives • Locational suitability • Land suitability • Availability of services • Standard of vehicular access • Potential development conflicts • Environmental impacts • Socio-economic impacts • Community development benefits • Environmental enhancement The criteria, as the basic framework for identifying land potentially suitable for future rural landsharing opportunities, is modified in order to reflect the unique historic, socio-cultural and locational nature and characteristics of multiple occupancy development. Council will not consider development of rural land for rural landsharing communities unless such land has been identified as being potentially suitable for this particular form of closer rural settlement. 5.1 Landuse planning objectives Land considered potentially suitable for future rural landsharing development shall accord with the Department of Urban Affairs and Planning’s Guidelines on Rural Settlement on the North Coast of NSW and shall be capable of being developed in an economically, environmentally and socially sustainable manner. Locations should reinforce the settlement pattern of existing multiple occupancies and not result in the fragmentation of prime agricultural land or sterilisation of resources, nor adversely affect existing amenity and the environment. Land should not be identified for rural landsharing developments where it is identified as being required for future urban or village development. Development areas shall be accessible to services, be physically suitable for development, acceptable to local communities and not result in any adverse environmental impacts.


5.2 Locational suitability Land potentially suitable for rural landsharing opportunities shall be readily accessible to at least one of the following types of existing community facilities and services which might act as an existing social ‘conduit’ or centre of community focus:

• primary school, • shops, • community halls or • bushfire sheds.

Consequently, land should be within walking or easy cycling distance (approximately 3 – 5 km, say 4 km road distance) of the above types of facilities or an urban area, village or hamlet, which contains these facilities. A map showing Lismore’s existing settlement hierarchy and location of existing multiple occupancies is shown as Map 1. Adequate separation shall be provided from areas of environmental, resource or agricultural significance. Identified localities should also offer an attractive living environment, outlook and aspect. Areas of heritage or Aboriginal significance or subject to development hazards must be avoided. It is expected that virtually all potentially suitable areas will be located within the existing General Rural 1(a) zone, as other rural zones are generally constrained in some way, eg flooding, prime agriculture, environmentally sensitive lands, etc. 5.3 Land suitability In general, land must have the physical attributes to be able to ecologically sustain the development proposed. Consistent with the “Lismore City Broadhectare Study, 1994” prepared by Dames and Moore the following three types of constraints are identified to guide assessment of land suitability:

1. Absolute constraints: land attributes, which prohibit development and cannot be overcome in the foreseeable future.

2. Partial constraints: land attributes which either allow limited development to take place or

for which development potential cannot be determined without further information. In either case, it is likely that development will cost more or have a lower yield in terms of potential number of dwelling sites.

3. No constraint: land attributes, which enable and are potentially suited to development.

These particular criteria are applied to ensure that unsuitable lands are excluded at a broader scale. At the specific property level it is likely that a parcel of land will contain some areas comprising absolute or partially constrained land which, should not be developed for either residential or infrastructure purposes. However, the land parcel may also comprise land that is suitable for a rural landsharing community development of a size (number of dwelling sites) design and, management regime suitable for the land.


It is important to establish and recognise as a design objective, that rural landsharing community development provide the number of dwellings that are sited in a manner to avoid unsuitable lands and minimise environmental impacts. The following are considered as absolute constraints and should be excluded from areas considered to have potential for rural landsharing community development: • land that predominantly comprises prime agricultural land. This includes lands that have been

identified as having an agricultural land suitability Class 1, 2 and 3 (as classified by NSW Agriculture).

• land that is in excess of 33% (1 in 4) slope. Development on excessively steep slope is more

likely to be subject to problems such as bushfire risk, soil erosion, mass movement, and provision of infrastructure such as roads and wastewater disposal.

• land that is in a recognised high bushfire risk areas. • land that is floodprone. • land and contiguous vegetation communities that are environmentally significant by reason of

the existence of protected, vulnerable and endangered flora and fauna scheduled under both the National Parks and Wildlife Act, 1974 and Threatened Species Conservation Act, 1995. This might include important vegetation communities, rainforest remnants, wildlife habitat, wildlife corridors and links between vegetation remnants.

Community infrastructure development including access roads, common wastewater treatment and disposal areas, water supplies must not be provided on lands exceeding 33% slope, or recognised as being environmentally sensitive. Home improvement areas, building envelopes and dwelling sites should be free of hazards and risks from flooding, bushfire, contaminated land, poor drainage, potential for erosion and landslip and slopes exceeding 20%. 5.4 Availability of services Services such as a school bus, postal service, telephone and electricity supply (if required) should be available to the locality and land or economically capable of being provided to the land. A sufficient on-site potable water supply and if necessary a reticulated rural raw water supply must be capable of being provided without adversely affecting water quality and availability to other landholdings in the locality. 5.5 Standard of vehicular access The primary or main road access into general localities considered to be suitable for rural landsharing community development, shall be a sealed road of adequate standard to accommodate increased traffic likely to be generated from existing and future development to the nearest urban area or village. The minimum standard of this road is to be a 6 metre wide seal on an 8 metre gravel formation, with adequate pavement quality.


For the purposes of this strategy, roads with a minimum 6 metre seal and identified in the Lismore City Wide Roads Study as ‘arterial’, ‘sub-arterial’ or ‘collector’ roads are considered a suitable level of ‘primary’ access into localities considered suitable for future rural landsharing community development. Appendix 1 is a list and map of the roads. In the first instance, lands considered to be potentially suitable for rural landsharing community development must have direct access to an ‘arterial’, ‘sub-arterial’ and ‘collector’ road, excluding State Highways. Council’s s.94 Rural Roads Plan indicates that occupants of dwellings on rural landsharing communities do not generate traffic at a rate equivalent to occupants of dwellings on other forms of closer rural settlement.

DCP No. 28 - Subdivision defines road standards in relation to traffic generation and as such can be interpreted as the appropriate minimum standard. Therefore, the road standard within DCP No. 28 could be considered an appropriate level of ‘secondary’ access from the primary access road to the land proposed to be developed where:

• the road is gravel and existing and traffic levels as a consequence of the development are likely to remain very low (less than 150 traffic movements per day),

• the Council’s maintenance costs for the length of the secondary road is not beyond the proportional financial capability of existing and the proposed development for the rural landsharing community,

• a safe standard of road access in accordance with AUSTROADS design guidelines can be provided, and

• the length of the ‘secondary’ road to be used from the ‘primary’ access into the localities to the specific property is not greater than 2 km.

Where the above standard of access currently does not exist, it must be shown that it is economically feasible for future development to meet the costs of upgrading existing substandard access roads.

Direct vehicular access from proposed communities to a State Highway should not be permitted. Where direct vehicular access to an ‘arterial’ road is proposed a Traffic Impact Study is to be prepared to justify the access requirements of the development. 5.6 Potential development conflicts A number of activities in rural areas such as feedlots, quarries, intensive farming, dairies, horticulture, high tension power lines, offensive and hazardous industries, rural industries and the like have potential to impact adversely on residential amenity associated with rural landsharing community developments.

Land in close proximity to landuses which may adversely impact on residential amenity is not considered suitable for dwellings. Council’s Development Control Plan No. 27 - Buffer Areas details buffers, which need to be provided between residential and potentially conflicting landuses.

The following known landuses and buffer areas nominated in DCP No.27 are considered constrained and excluded from the strategy:


Table 6: Landuse Buffers

Landuse Primary buffer distance Secondary buffer distance Cattle tick dips 200 m. Abattoir 800 m. 1,000 m. Quarries > 10,000 m3 pa: 500 m.

5,000-10,000 m3 pa: 400 m. < 5,000 m3 pa: 300 m.

> 10,000 m3 pa: 800 m. 5,000-10,000 m3 pa: 600 m. < 5,000 m3 pa: 400 m.

Sewerage treatment works

400 m.

Garbage tips 300 m. Rifle range 500 m, around range Airport 4,000 m. and runway

approaches

Intensive horticulture requires a 150 metre dwelling setback where there is no planted buffer, or an 80 metre dwelling setback where the setback distance incorporates a 30 metre wide planted buffer within the setback in accordance with the design criteria specified in DCP No.27. Rural Landsharing Community developments should also be clearly separated from important flora and fauna habitats, commercial forestry areas, significant wetlands, water catchment/conservation areas and areas of mineral or other resource value. Building envelopes and effluent disposal areas should be sited at least 100 metres clear of any watercourses and 250 metres from any potable ground water supply and should satisfy the performance objectives of Council’s On-Site Sewage and Wastewater Management Strategy. Where tree planting is required for the establishment of planted buffers, a bond will be required for such works for a specified period to ensure that all plantings are maintained until fully established. 5.7 Environmental impacts An assessment must be made of the potential environmental impacts of any proposed rural landsharing community development in terms of likely impacts on water quality (both ground and surface), erosion and land stability, fauna, flora and vegetation systems identified in a Regional Vegetation Management Plan prepared in accordance with the Native Vegetation Conservation Act, drainage, other components of natural systems and on views from public roads. Any locations where likely adverse impacts are more than minimal are to be avoided. 5.8 Socio-economic impacts Future rural landsharing community developments generally should occur in areas, which complement existing settlement patterns, maintain or enhance the viability of existing communities, services and facilities and should be acceptable to the local community. Areas developed should not result in adverse economic impacts such as a loss of good quality agricultural land, sterilisation of resources or lead to a restriction on farming practices or reduction in the amenity of existing residents. Any location considered suitable must also be able to be feasibly developed having regard to land and development costs, including Council levies and requirements relating to services and environmental protection. There should be reasonable certainty that the development will have an adequate cash flow to ensure that costs are met. Locations, which may require potentially uneconomic extension of services, should be avoided. 5.9 Community development benefits


The development of areas considered suitable for rural landsharing communities should make a positive contribution to the community development of those localities. Positive contributions may include; reversal of population decline, provision of additional community facilities and services or improvement to existing facilities and services, creation of jobs, substantial improvement in the standard of road access and public transport, broadening of the population base, enhancement of the quality of life in the area, improved recreational facilities, etc. The form of development increases opportunity and choice to purchase rural land to provide secure housing. Council’s ‘Lismore Affordable Housing Strategy’ recognises rural landsharing communities as an affordable housing option. 5.10 Environmental enhancement Development is traditionally seen to have at least some adverse impact or at best a neutral impact on the environment. Council’s rural settlement Strategy requires that closer rural settlement create positive environmental impacts. Environmental benefits may include, for example, the restoration of degraded land and stream banks, re-forestation, habitat enhancement, tree planting and landscaping, creation of nature reserves or wildlife corridors or contributions to support conservation projects such as purchase and enhancement of environmentally sensitive lands.


6. CATCHMENT PLANNING AND CONSTRAINTS MAPPING The criteria identified in section 5 were evaluated in a two staged ‘sieve’ mapping evaluation and assessment process undertaken to objectively ensure that future rural landsharing development will occur on land which, as a result of broad scale analysis, is considered suitable for this form of development. It is recognised there are and will be limitations and possible errors in the accuracy of current computerised geographic information. It is envisaged that the strategy will be subject to review after each Australian Bureau of Statistics Population and Housing Census and the outcomes of a development monitor to ensure land supply is matched with demand. A summary of each of these stages follows: Stage one: Broad scale physical and environmental land capability assessment The primary purpose of this was the broad scale mapping and identification of lands, which posed no physical or environmental constraints to development. Lands containing the following absolute constraints to rural landsharing community development were identified at a local government area level utilising Council’s Geographic Information System (GIS) and MapInfo© software:

• land that is floodprone; • land containing acid sulfate soils; • land in excess of 33% slope; • land comprising prime agricultural land; • land in a recognised high bushfire risk areas; and • land supporting primary and secondary koala habitat.

Onto these constraints were layered land use zones under Lismore Local Environmental Plan 2000 in which rural landsharing community development is prohibited. These zones and areas included:

o Urban areas zoned; Nos. 2 Residential & Village, Nos. 3 Business, No. 4 Industrial and o Nos. 6 Recreation; o Urban investigation areas identified on the zoning maps; o Zone No. 1(d) – Investigation Zone; o Zone No 1(f) – Forestry Zone; o Zone No. 8 - National Parks and Nature Reserves; o Zone No. 7(a) - Environmental Protection (Natural Vegetation and Wetlands); o Zone No. 7(b) - Environmental Protection (Habitat); o The area included in the Dunoon Water Supply Catchment; and o The buffers areas for quarries, cattle tick dip sites, airport, rifle range, garbage tips and

sewerage treatment works. Maps indicating these constraints are shown in Part A of this Strategy. The integration of this information permits the objective identification of lands potentially most suitable for rural landsharing community development in terms of their physical attributes. New up-dated information, particularly that sourced or available from State Government agencies such as NSW Agriculture and Dept. of Land and Water Conservation and outcomes of any future land assessment studies, e.g. a comprehensive city wide flora and fauna study can be incorporated into future strategy reviews when it becomes available.


Based on the above broad scale physical and environmental land capability assessment Map 2 - Areas not Physically Constrained and Considered Potentially Suitable for Rural Landsharing Development, represents rural land that is not constrained by the above land attributes and is potentially suitable for rural landsharing community development. Stage Two: Social, economic and infrastructure servicing capability assessment. Council’s Rural Settlement Strategy recognises the existing historic settlement pattern or hierarchy as the basis for identifying and assessing ‘social’ servicing catchments. Refer to Map1. This hierarchy is generally based on the size and level of services provided of the respective population centres in the local government area. It is important to recognise that the settlement hierarchy of Lismore and villages provide both a regional ‘higher’ order level of services to land in adjoining local government areas (e.g. Nimbin to areas of Kyogle and Tweed Shires) and exist as a ‘lower’ order of services to that provided in larger provincial cities and South-east Queensland. Anecdotal evidence suggests a strong sense of community exists on multiple occupancies. This is evidenced by the number of the existing larger multiple occupancies either having, or the potential to provide, community support services such as a shop, community hall, spiritual or religious, educational and childcare facilities for themselves and to the wider community. Similarly, a number of communities and individuals within a community participate in the array of voluntary community services eg. rural bushfire brigades, SES, land and river care, hall committee’s etc. It is desirable that these unique aspects of existing multiple occupancy developments are recognised and used to build and reinforce the social catchments of existing multiple occupancies. As a part of the ‘servicing’ criteria for future rural landsharing community opportunities, all lands with development potential defined in the physical and environmental land capability assessment were reduced to those lands with frontage to a suitable road network within 4 km distance of the following:

• a rural primary school, • shops, • community halls, • existing multiple occupancy developments exceeding twenty five (25) approved dwellings

sites, • two or more adjoining existing multiple occupancy developments where the number of

approved dwelling sites will exceed twenty-five (25).

In order to recognise the desirable minimum standard of roads [six (6) metre wide seal on an eight (8) metre formation] servicing the localities having development potential for rural landsharing communities, roads of this standard were layered on the ‘service’ catchments. Roads currently of this standard are identified in Appendix 1. The outcomes of the above assessment process is shown on Map 3 - Social and Infrastructure Assessment which shows rural primary schools, community halls, rural shops, existing individual and adjoining multiple occupancies exceeding 25 approved dwelling sites and roads meeting the road suitability criteria.


7. LAND POTENTIALLY SUITABLE FOR RURAL LANDSHARING DEVELOPMENT

Lands that are proposed for rural landsharing community development must satisfy the physical land capability criteria as well as meeting the social and infrastructure capability criteria. In particular, potential sites must be located within 4 km of existing community services and facilities and have a suitable means of primary and secondary access. A range of services and facilities such as a rural primary schools, community and privately owned halls and in most instances a rural bushfire brigade sheds are located throughout the local government area. The Channon, Dunoon and Nimbin villages provide a higher order of local commercial, light industrial and recreational services and facilities. A minimum ‘collector’ level sealed rural road provides the main public road access between the localities and Lismore and villages. Lands considered to meet both land capability assessment criteria and that are also located within the nominated distance of community services and primary road access are shown on Map 4.


8. METHOD OF PROVIDING FOR FUTURE RURAL LANDSHARING COMMUNITIES The preparation of a draft Local Environmental Plan will recognise and fulfil:

• the resolution of Council to seek exemption from SEPP No 15; • make local planning provision for rural landsharing communities; and • the recent advice of the Dept of Urban Affairs and Planning.

In order to reduce the potential additional bulk to the Lismore LEP the preferred ‘planning model’ is the preparation of an enabling draft LEP supplemented by a DCP. Council has spent a considerable amount of work and time in preparing a DCP for multiple occupancy. It has been time ‘tested’ and shown to be a reasonable more detailed local set of guidelines. The draft plans, which may be prepared under the Environmental Planning and Assessment Act to enable rural landsharing communities in the local government area. The draft plan instrument generally adopts the objectives and guidelines of SEPP No 15.


9. REFERENCES

Byron Shire Council. 1998 Draft Byron Rural Settlement Strategy, Mullumbimby, NSW. Dames and Moore. 1994 Lismore City Broadhectare Study, Brisbane, Qld. Lismore City Council. 1998 Lismore Affordable Housing Strategy, Brian Elton & Assoc., Planning Housing Health and Social Policy Consultants. NSW Dept. of Urban Affairs and Planning. 1995 Rural Settlement: Guidelines on Rural Settlement on the North Coast of NSW, Sydney, NSW. NSW Dept. of Urban Affairs and Planning. State Environmental Planning Policy No 15 – Rural Landsharing Communities. NSW Dept. of Urban Affairs and Planning. Guidelines for SEPP No 15 – Rural Landsharing Communities. Turner A.S. 1995 A Comparative Study between Multiple Occupancy and Community Title Developments Concentrating on the Social, Political and Economic Constraints. A planning report submitted in partial fulfilment of the requirements for a Bachelor of Urban & Regional Planning. UNE, Armidale, (unpublished).


APPENDIX 1:

List of Roads Meeting Assessment Criteria

Road Name Access restrictions

Rural Arterial Roads

Comments

Bruxner Highway (SH 16) No direct access permitted

Kyogle Rd (MR 544) Access considered on merit 6 m. seal sections only

Nimbin & Blue Knob Rds (MR142)

Access considered on merit 6 m. seal sections only

Dunoon Rd (MR 306) Access considered on merit 6 m. seal sections only Bangalow Rd (MR 65) No direct access permitted Eltham Rd (MR 146) Access considered on merit 6 m. seal sections only Rous Rd (MR 555) Access considered on merit 6 m. seal sections only Wyrallah Rd (MR147) Access considered on merit 6 m. seal sections only Rural Sub-arterial Roads (6 m. seal sections only)

Council Rd classification

Trafficable width (range)

Trafficable seal type (range)

Comments 6 m. seal sections only

Caniaba Rd B, C A-Lo

8.5 – 5.4 m. 4.5

flush seal unsealed

Rock Valley (Kyogle to Quilty Rds)

B-RV 8 – 5.5 flush seal

Boggumbil Rd and Jiggi Rd (to Nimbin Rd)

D B

4.5 8.6 – 4.6

unsealed flush seal

Boggumbil Road not included

Rosehill Rd (Rock Valley to Nimbin Rds)

A 8.6 – 7.3 flush seal

Stony Chute Rd (MR 141A) No statistics Koonorigan and The Channon Rds (route)

C, D A

7 – 4.5 7.2 – 6

flush seal flush seal

Duncan and Lockton (between Duncan and Corndale Rds) to MR 65

B-Dun B, C

6.3 – 5.6 7 – 6.5


Hunters Hill, Corndale and James Gibson Rds

B A A

7.4 – 6.5 7.5 – 6 6.7 - 5

flush seal flush seal flush seal

Richmond Hill Rd A 11.4 – 6.2 flush seal Cowlong and Pearson Rd (route)

B, C D

7 – 5.4 5


Alphadale Rd A 8 – 7 flush seal Tregeagle Rd A, B-Wy 9.2 - 6 flush seal Robson Rd D 6.6 – 6 flush seal Gundurimba and River Bank Rds (route)

B D

7.5 – 5.6 6.4 - 5


Coraki Rd (MR 148) No statistics Swan Bay Rd (MR 149) No statistics


Wyrallah Ferry Rd A 7.4 – 6.1 flush seal

Rural Collector Roads Council Rd classification

Trafficable width (range)

Trafficable seal type (range)

Comments 6 m. seal sections only

Rock Valley and Cawongla Rd (route Thorne Bridge to Lindsay Rd)

B-RV, A B

8 – 5.5 7.8 – 6.5


Jiggi, Mountain Top and Whitney Rds (route)

B D C

8.6 – 4.6 5.3 – 4.6 3.6

flush seal ?? unsealed

Mountain Top Rd is not sealed

Pinchin, Keerrong Bridge and Keerrong Rds (route)

C A A-Ker, D

7.5 – 5.3 3.5 7.8 – 5

flush, unseal unsealed flush seal

unsealed sections not included

Tuntable Creek and Tuntable Falls Rds (route to Blue Knob Rd)

A C

7.4 – 5.6 7.7 – 5.3


Tuntable Creek Rd not included

Whian Whian Rd (Dunoon to Leeson Rds)

C 6 – 5 flush seal

Woodlawn and Numulgi Rds

A A

7.5 – 5.5 8.4 – 4.3


Cusack Rd A 3.5 unsealed Cusack Rd not included Corndale Rd A 7.5 – 6 flush seal Dorroughby Rd C 4.8 – 4.6 flush seal not included, width

inadequate Rosebank Rd A, B-Cor 6.6 – 5.6 flush seal Boatharbour and McKenzie Rds (routes)

C C

9 – 4.2 5.6


Tucki Tucki Rd (between Robson and Marom Creek Rds)

B, C 7.8 – 3.5 flush seal

Dungarubba Rd and Stibbard Ln (route)

C C

3.5 unsealed Dungarubba Rd and Stibbard Ln, not included

Tuckean Island Rd (between Dungarubba and Hoare Ln)

C 3.5 – 3 unsealed Tuckean Island Rd not included

Broadwater Rd C 7.9 – 5.2 flush seal Bagotville Rd C 6.5 flush seal Tuckurimba Rd C 8 – 5.6 flush seal Tatham Rd C 9 – 6.7 flush seal Rogerson Rd (between Auckram and Coraki Rds)

A 6 flush seal

Flood Reserve Rd B 4.5 unsealed Flood Reserve Rd not included

Frame Rd C 5.8 unsealed Frame Rd not included The road hierarchy is composed of four classes which are in decreasing order of importance for traffic efficiency and with increasing emphasis on local amenity: Arterial roads: predominantly carry through traffic from one region to another forming principle avenues of communication for traffic movements.


Sub-arterial roads: connect the arterial road to areas of development or carry traffic from one part of a region to another. They may also relieve traffic on arterial roads in some circumstances. Collector roads: connect the sub-arterial roads to the local road system in developed areas. Local roads: are the sub-subdivisional roads within a particular developed area. These roads are used solely as local access roads. The road classification relates to desirable maintenance schedules.


KEY

Areas suitable for

Rural Landshari ng

kilometres 10 I

Map 4: Areas Potentially Suitable for Rural Landsharing Communities

LISMORE CITY COUNCIL Y.l>&o,l~•o¥VN.-,:.,.,.tv,"-,r.oi,v,r,-u,, r,d,t.:,,.,r,,:ci::,L'rJr--•=r,o:.e,·M1to"w___.,1,:,r,u,or,,..,t<1oit.l,,wr,

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Printed March 2004


0 0 0 ~ 0 +

KEY

Large \J1 II ages 400 +

Small \Jlllages 100 - 400

Hamlets

Multi pie Occupancy

Schools

Halls

kilometres 10 I

Map 1: Existing Rural Settlement Hierarch1/

LISMORE CITY COUNCIL .,._,..,. , 1~,1i1..1N,o.LJr...l\!,1 t-.tiw-r.it...'-""r.d,t.:.,,,,, r.:LiJL'r,,--ct,,. , UJr, .:..i,•iJit... .............. &r.U1Vt-.o.'l""dw N!r,

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Printed March 2004


KEY

D Areas not physically constrained

Map 2: Areas not physically constrained

LISMORE CITY COUNCIL 'i'.l',1,1, J lu-J•(l,)....,.LJ~W, t-.tiVH'lit....u.ir.d,t.:.,,,,, rai1L1r,_it...,=r,.:.e,·M1t•~11.:ar,~h,l.t.:.,,cN,, wr,

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• NORTH


KEY

- state HighWoys

• .orterial Roads

- Sub /lrterial Roads

D Collector Roads

D Multiple Occupancy

-Q Fire stations:

@ School s

♦ Hall s

5 10

k1iometrlf5

Map 3: Location of Roads and Community Infrastructure

LISMORE CITY COUNCIL Y.l'lt-JlrN,~""-~~t...., t.....-.c.ol-'H.W.:..i.iN.1.1.:.H r.:.i:,:ii1JrJ ru+W1=rJi.1,,' MdY-~d.:.r,-hHl,11,i:N,, Nll"i

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Printed March 2004

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