Part I - Other Considerations - Richmond Valley Council

Richmond Valley Development Control Plan 2012Living and Working in Rural Areas – A handbook for managing land useconflict issues on the NSW North Coast (LWRA Handbook) – is thepublication from which most guidelines have been reproduced here for thepurposes of this DCP. Further detail may be obtained from this publication cooperativelyproduced by the Northern Rivers Catchment ManagementAuthority, the NSW Department of Primary Industries, and the Southern CrossUniversity. Any subsequent publications replacing or improving upon theLUCRA concepts discussed here should be sought from these organisationsor their successors.I11.2 Design principles - LUCRAA LUCRA is not an alternative to placing proposed development outside of thebuffer distance of an existing landuse. The first choice for locating newdevelopment should always be outside of the buffer distance area for theproposed and neighbouring existing land-uses. A LUCRA should support theproposed siting of the new development based upon technical reasoning andmeasurements demonstrating land use conflict is unlikely to occur.(1) Circumstances where proposed development requires a LUCRA‣ A LUCRA is required where a proposed development for a particularland-use has a buffer distance which infringes upon nearby existingland-uses and/or development. Buffer distances of existing land uses,key environmental assets and/or development also trigger the need forLUCRA if the development proposed infringes existing landuse/development/keyenvironmental asset buffers. Buffer distances fordevelopment types are given within Tables I11.1, 2 & 3 below.‣ A LUCRA is also required if development is proposed with the vicinity ofan existing landuse which, due to extraordinary circumstances deemedby the consent authority, applicant or representing consultant for theapplicant, requires an increased buffer distance. In exceptionalcircumstances a buffer distance may be reduced based upon acceptedtechnical reasoning. Reduction of buffer distance could be based uponone or more of the relevant elements given below, however morecommonly these elements may increase buffer distances.(2) Buffer distances applied to proposed and existing land uses - LUCRA‣ Buffer distances may vary from those stated within the DCP as thedistances are based upon generic situations between proposals basedon local topographic, climate, environmental and social considerations.The minimum buffer distances do not apply to existing developmentsthat have already been approved. The conditions of consent placed onthese developments form the minimum standards that thesedevelopments should achieve.‣ Proponents, land owners and consultants undertaking conflict riskassessment will be required to reach consensus concerning the effortand detail should be applied to a LUCRA. The consent authority and anyother involved regulatory authorities should be consulted prior to thePart I – Other Considerations – LUCRA I.124