final planning proposal - richmond valley council...re: planning proposal - rezoning of 75 gregors...

Attachment 12

Government Agency Consultation

• Dept. Planning Industry and Environment - BCD

• NSW DPI - Agriculture

• NSW RFS

From: Tony McAteerSent: Tue, 12 May 2020 08:30:49 +1000To: t1connect prodSubject: BCD Response - Proposed Rezoning - 75 Gregors Road Spring GroveAttachments: BCD Response - Proposed Rezoning - 75 Gregors Road Spring Grove - Signed DY 20200420.pdf

#ECMBODY#QAP DEFAULT#NOREG Tony McAteerCoordinator Planning ServicesRichmond Valley Council | Locked Bag 10, CASINO NSW 2470T: 02 6660 0276 | F: 02 6660 1300 | M: 0447 455 341E: [email protected] | http://richmondvalley.nsw.gov.au

From: Dimitri Young Sent: Friday, 1 May 2020 10:50 AMTo: Tony McAteer Cc: Rebecca Carpenter Subject: BCD Response - Proposed Rezoning - 75 Gregors Road Spring Grove Hi TonyOur response is attached – I signed it out some time ago but we had issues with e-signatures so apologies for the delay.I left a voice message this morning re discussing our response with you.CheersD Dimitri YoungSenior Team Leader Planning, North East Branch

Biodiversity and Conservation | Department of Planning, Industry and EnvironmentT 02 6659 8272 | F 6651 5356 | E [email protected] Bag 914, (Level 8, 24 Moonee Street), Coffs Harbour NSW 2450www.dpie.nsw.gov.au

The Department of Planning, Industry and Environment acknowledges that it stands on Aboriginal land. We acknowledge the traditional custodians of the land and we show our respect for elders past, present and emerging

Version: 1, Version Date: 12/05/2020Document Set ID: 1578763

mailto:[email protected]://richmondvalley.nsw.gov.au/mailto:[email protected]://www.dpie.nsw.gov.au/http://www.dpie.nsw.gov.au/

through thoughtful and collaborative approaches to our work, seeking to demonstrate our ongoing commitment to providing places in which Aboriginal people are included socially, culturally and economically.

----------------------------------------------------------------------------------------------------------------------------------------------------------------------This email is intended for the addressee(s) named and may contain confidential and/or privileged information. If you are not the intended recipient, please notify the sender and then delete it immediately.Any views expressed in this email are those of the individual sender except where the sender expressly and with authority states them to be the views of the NSW Office of Environment and Heritage.

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Level 8, 24 Moonee Street, Coffs Harbour, NSW 2450 | Locked Bag 914, Coffs Harbour Ph (02) 6659 8200| dpie.nsw.gov.au |

Our Ref: DOC20/69345 Your Ref: PP218/0002

General Manager Richmond Valley Council) Locked Bag 10 Casino NSW 2470

Attention: Mr Tony McAteer

Dear Mr Macdonald

RE: Planning Proposal – Rezoning of 75 Gregors Road Spring Grove ( PP2018/0002)

Thank you for your letters dated 20 January and 17 March 2020 about the proposed rezoning at 75 Gregors Road, Spring Grove, seeking comments from the Biodiversity and Conservation Division (BCD) of the Environment, Energy and Science Group in the NSW Department of Planning, Industry and Environment. I appreciate the opportunity to provide input and apologise for the delay in responding. The BCD was formerly part of the Office of Environment and Heritage, but now forms part of a Group that has responsibilities relating to biodiversity (including threatened species and ecological communities, or their habitats), Aboriginal cultural heritage, National Parks and Wildlife Service estate, climate change, sustainability, flooding, coastal and estuary matters. We have reviewed the documents supplied, including the amended planning proposal dated February 2020 and its associated attachments, and advise that, although we have no issues to raise about NPWS estate, climate change, sustainability, Aboriginal cultural heritage, or flooding, several issues are apparent with the assessment for biodiversity. These issues are discussed in detail in Attachment 1 to this letter. The planning area includes two confirmed endangered ecological communities, Subtropical Coastal Floodplain Forest and Freshwater Wetland, which qualify as High Environmental Value (HEV) land as defined by the North Coast Regional Plan. Although the planning proposal avoids intensifying land uses in these areas, it seeks to retain the RU1 zone over the confirmed HEV land. To accord with the Regional Plan, areas of confirmed HEV land should be zoned E2 Environmental Conservation. Hence, we object to the planning proposal in its current form. The BCD recommends that the planning proposal be amended to:

a. apply the E2 Environmental Conservation Zone to areas of confirmed High Environmental Value (HEV) land in the planning area, being the areas mapped as Subtropical Coastal Floodplain Forest and Freshwater Wetland; and

b. apply a minimum lot size to areas of confirmed HEV land in the planning area that precludes future subdivision of that HEV land.


http://www.dpie.nsw.gov.au/

Once these amendments have been made to the planning proposal, we will reconsider our objection. If you have any questions about this advice, please do not hesitate to contact me at [email protected] or 6659 8272.

Yours sincerely

20 April 2020

DIMITRI YOUNG Senior Team Leader Planning, North East Branch Biodiversity and Conservation

Enclosure: Detailed BCD Comments - Planning Proposal – 75 Gregors Road, Spring Grove

cc: Ms Rebecca Carpenter, Planning and Assessment Group, Department of Planning, Industry and Environment


of 2

Attachment 1: Detailed BCD Comments – Planning Proposal – 75 Gregors Road, Spring Grove The Biodiversity and Conservation Division (BCD) has reviewed the Planning Proposal for the rezoning of 75 Gregors Road, Spring Grove, which seeks to:

• rezone part of the land (about 24.3 ha) from Zone RU1 Primary Production to Zone R5 Large Lot Residential, with a Minimum Lot Size (MLS) of 1ha (about 21.9 ha) and 2ha (about 2.4 ha); and

• retain the residual area of the land (about 28.5 ha) as Zone RU1 Primary Production with a reduced MLS of 20ha to facilitate creation of the residue lot with a dwelling opportunity.

Biodiversity The Planning Proposal should demonstrate consistency with the biodiversity directions of the North Coast Regional Plan 2036. Action 2.1 under Direction 2 of the Regional Plan requires development to be focused to areas of least biodiversity sensitivity in the region and the implementation of the ‘avoid, minimise, offset’ hierarchy to biodiversity, including areas of high environmental value. High environmental value (HEV) land should be identified at the site scale, land use intensification directed away from those areas and such areas protected through an appropriate zone which has strong conservation objectives, limited land uses and an appropriate minimum lot size, so the land cannot be subdivided. The planning area includes two confirmed endangered ecological communities, Subtropical Coastal Floodplain Forest and Freshwater Wetland, which qualify as HEV land, but although the planning proposal avoids intensifying land uses in these areas, it seeks to retain the RU1 zone over such land. The BCD would expect that, to accord with the Regional Plan, areas of confirmed HEV would be zoned E2 Environmental Conservation. Hence, the BCD does not support this aspect of the planning proposal and objects to the planning proposal in its current form. BCD Recommendation

1. The BCD recommends that the planning proposal be amended to:

a. apply the E2 Environmental Conservation Zone to areas of confirmed HEV land in the planning area, being the areas mapped as Subtropical Coastal Floodplain Forest and Freshwater Wetland.

b. apply a minimum lot size to areas of confirmed HEV land in the planning area that precludes future subdivision of that HEV land.

Aboriginal Cultural Heritage The Planning Proposal should demonstrate consistency with the biodiversity directions of the North Coast Regional Plan 2036. Direction 18 of the North Coast Regional Plan requires the North Coast’s Aboriginal heritage to be respected and protected. Action 18.2 requires undertaking Aboriginal cultural heritage assessments to inform the design of planning and development proposals so that impacts to Aboriginal cultural heritage are minimised and appropriate heritage management mechanisms are identified. This action should be considered and implemented at the Planning Proposal stage and an Aboriginal cultural heritage study was undertaken over the planning area in 2005. A desktop assessment of the NSW Aboriginal Information Heritage Information System (AHIMS) records indicates that no recorded AHIMS sites exist in the planning area, however a small number of AHIMS sites exist within the vicinity.


Attachment 1: Detailed BCD Comments – Planning Proposal – 75 Gregors Road, Spring Grove

Page 2 of 2

An expanded AHIMS search shows that there are three recorded AHIMS sites within a 5000m radius of the planning area, with one site, a low-density stone artefact scatter, occuring approximately 250m from the planning area. We have reviewed the cultural heritage report over the planning area prepared in August 2005 by Heritage Surveys and Everick Heritage Consultants Pty Ltd. The report notes that the planning area was heavily disturbed and that a ground survey was undertaken by the author with an Aboriginal sites officer from the Boolangle Casino Local Aboriginal Land Council (BCLALC). The report findings are that while it is possible that there may be Aboriginal material or sites within the planning area, no Aboriginal cultural material was identified during the survey. We also note the supplied letter from the BCLALC (18 November 2005) whereby they confirm that no visual or physical evidence of Aboriginal cultural heritage was found on site during the survey. The BCLALC subsequently advise that if any cultural material (sites or relics) is found during construction or associated works, that all works at and adjacent to the material must stop. Given the findings of the study and the advice from the BCLALC, the planning area is unlikely to contain Aboriginal cultural heritage of such importance that it requires further consideration by the planning proposal. Flooding From the planning proposal, the estimated 100-year ARI flood level is 20.6m AHD. From available information, levels in the planning area vary from approximately 20m in the south-western corner to 80m on the eastern boundary. Estimates of the Probable Maximum Flood (PMF) in the area are approximately 22.5m AHD. The proposed lot layout and associated indicative dwelling envelopes and waste disposal areas for a future subdivision are located above the 100-year ARI and PMF flood event levels and thus would not require evacuation even in extreme flood events due possible inundation. This would also put them above any potential increase in 100-year ARI flood level for 2100 due to climate change. The planning area though is part of the Richmond River catchment and could experience periods of isolation during large flood events on the Richmond River. Evacuation may be required in a medical emergency. Isolation and having roads flooded is part of the nature of flooding in the Richmond and other large coastal catchments in northern NSW. It would take a large flood event for Spring Grove to be isolated and the level of risk is acceptable. The BCD has no issues to raise on the rezoning from a flood perspective subject to building envelopes and waste disposal areas being in accord with that shown in the planning proposal and above the flood extents (22.5m AHD).


.ifrif. Planning, Industry &

GOVERNMENT Environment

Our Ref: DOC20/675933 Your Ref: PP218/0002

General Manager Richmond Valley Council Locked Bag 10 Casino NSW 2470

Attention: Mr Tony McAteer

Dear Mr Macdonald

RE: Planning Proposal - Rezoning of 75 Gregors Road, Spring Grove (PP2018/0002)

Thank you for your e-mail dated 4 August 2020 about the proposed rezoning of 75 Gregors Road, Spring Grove, seeking comments from the Biodiversity and Conservation Division (BCD) of the Environment, Energy and Science Group in the Department of Planning, Industry and Environment on the environmental zones and minimum lot sizes associated with the proposal. I appreciate the opportunity to provide further input.

We welcome the proponent's commitment to amend the planning proposal to apply the E2 Environmental Conservation Zone to the areas of confirmed High Environmental Value (HEV) land in the planning area as per the BCD recommendation in our previous letter dated 20 April 2020. Our preference would be to exclude grazing from the E2 zoned land and for the E2 land be managed for conservation purposes, however we recognise that existing use rights apply to the subject land.

However, the shape of the polygon for the proposed E2 land in the south-east of the planning area is not ideal for future management of the endangered ecological community (EEC) that the E2 zone seeks to protect. The polygon has extensive undulating edges that will be subject to edge effects, which are likely to reduce the integrity of the core EEC area. We recommend that the proponent considers a more regular shape for this E2 polygon to smooth the edges by capturing small additional areas of land. This would reduce future edge effects, thereby improving the protection of the EEC.

We note the Richmond Valley Council's concerns about the current 'primary use of the land' in relation to the Northern Councils E Zone Review - Final Recommendations Report (2015). Recommendation 18 of the Northern Councils E zone review notes that the recommendations only apply to the five specified local government areas (LGAs), and these do not include the Richmond Valley LGA. The recommendation states though that if other councils in NSW are carrying out a review on the application of the E zones within their LGA, then the principles contained in the recommendations of the Northern Councils E zone review can be used.

The subject planning proposal is not part of any current LGA-wide Richmond Valley council E zone review, but rather applies the E2 zone to a single site. Hence, the Northern Councils E Zone Review - Final Recommendations Report (2015) does not apply to the planning proposal.

Level 8, 24 Moonee Street, Coffs Harbour, NSW 2450 | Locked Bag 914, Coffs Harbour Ph (02) 6659 8200| dpie.nsw.gov.au |

We acknowledge the proposed revision of the minimum lot size within the residual land will be reduced to 20ha to allow for a single residence outside of the R5 area and we consider that this will satisfy recommendation (b) of our previous BCD submission dated 20 April 2020.

However, we note that Plan 4 of the planning proposal provides a conceptual subdivision plan which includes an access for the northern residual land between proposed Lots 4 and 5. The council should ensure that when reviewing the subdivision development application, this access and the subsequent gully crossing will not impact directly or indirectly on the EEC within the future proposed E2 zoned

If you have any questions about this advice, please do not hesitate to contact Mr Bill Larkin, Senior Conservation Planning Officer, at [email protected] or 6659 8216.

Yours sincerely

land.

11 September 2020

DIMITRI YOUNG Senior Team Leader Planning, North East Branch Biodiversity and Conservation

NSW Department of Primary Industries - Agriculture Locked Bag 21, Orange NSW 2800 | 161 Kite St, Orange NSW 2800

Tel: 02 6391 3391 | Email: [email protected] | www.dpi.nsw.gov.au | ABN: 72 189 919 072

OUT20/1421 General Manager Richmond Valley Council Locked Bag 10 CASINO NSW 2470 Attention: Tony McAteer [email protected] Dear Sir Planning Proposal PP2018/02 – Rural Residential Rezoning, 75 Gregors Road, Spring Grove Thank you for the opportunity to provide comment on the above Planning Proposal as per your email dated 20 January 2020. The NSW Department of Primary Industries (DPI) Agriculture provides advice to consent authorities about the protection and growth of agricultural industries and the resources upon which these industries depend to provide economic growth.

As the majority of the proposed site is identified for rural residential purposes within the ‘Rural Residential Development Strategy (March 1999)’ DPI generally supports the proposal.

We note that the western boundary adjoins land used for cropping and is in proximity to farmland mapped of regional significance. The Buffer Zones to Reduce Land Use Conflict with Agriculture – An Interim Guideline 2018 recommends a 300m separation distance between cropping land and sensitive receptors.

The concept layout indicates a 50m setback distance however this is insufficient for cropping land. It is recommended the planning proposal consider options to meet the setback or alternative mitigation measures at this interface. A greater separation distance between the proposed lots on the western boundary and the neighbouring land will also enable greater linkage between the northern and southern areas of the residue RU1 land.

As previously advised we are happy to work with Council when a review of the Rural Residential Strategy is being undertaken. Should you require clarification on any of the information contained in this response, please contact Agricultural Land Use Planning Officer, Selina Stillman on 0412 424 397. Yours sincerely

20/2/2020 Tamara Prentice Manager Agriculture Land Use Planning

mailto:[email protected]

From: Louise BellSent: Fri, 27 Mar 2020 08:52:20 +1100To: t1connect prodSubject: Comments on Rezoning Planning Proposal - 75 Gregors Road Spring Grove - NSW RFS - PP2018/0002Attachments: SPI20200122000007 - 25-03-2020 16_58_21 - Determination Letter.pdf

#ECMBODY#QAP RECORDS DEFAULT#NOREG From: RFS Guardian [mailto:[email protected]] Sent: Thursday, 26 March 2020 11:37 AMTo: council Subject: Comments on Rezoning Planning Proposal - 75 Gregors Road Spring Grove - NSW RFS - PP2018/0002


Attention: Tony McAteer

Your Reference: PP2018/0002

Application Details: Rezoning – Planning Proposal –

Rural Residential Rezoning

Site Address:75 Gregors RdSpring Grove NSW 2470AUS

Please find attached correspondence relating to the above development.

Should you wish to discuss this matter please contact Alan Bawden on 1300 NSW RFS and quote SPI20200122000007.

Planning and Environment Services

NSW RURAL FIRE SERVICELocked Bag 17 Granville NSW 2142


P 1300 NSW RFS E [email protected]

www.rfs.nsw.gov.au | www.facebook.com/nswrfs | www.twitter.com/nswrfs

PREPARE. ACT. SURVIVE.


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Richmond Valley CouncilLocked Bag 10CASINO NSW 2470 Your reference: PP2018/0002

Our reference: SPI20200122000007

ATTENTION: Tony McAteer Date: Thursday 26 March 2020

Dear Sir/Madam,

Strategic Planning Instrument Rezoning – Planning ProposalRural Residential Rezoning

I refer to your correspondence dated 20/01/2020 inviting the NSW Rural Fire Service (NSW RFS) to comment onthe above Strategic Planning document.

The NSW RFS has considered the information submitted and provides the following comments.

1. Future subdivision for dwelling envelopes may require vegetation clearing to achieve the requirements of Planning for Bush Fire Protection 2019.2. Future rural residential lots may require on-going APZ management to reduce bush fire risk to adjoining lots.

For any queries regarding this correspondence, please contact Alan Bawden on 1300 NSW RFS.

Yours sincerely,

Timothy CarrollManager Planning & Environment ServicesPlanning and Environment Services

1

Postal address

NSW Rural Fire ServiceLocked Bag 17 GRANVILLE NSW 2142

Street address NSW Rural Fire Service4 Murray Rose AveSYDNEY OLYMPIC PARK NSW 2127

T (02) 8741 5555F (02) 8741 5550www.rfs.nsw.gov.au


final planning proposal - richmond valley council...re: planning proposal - rezoning of 75 gregors...

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