Part I - Other Considerations - Richmond Valley Council
Part I - Other Considerations - Richmond Valley Council Part I - Other Considerations - Richmond Valley Council
Richmond Valley Development Control Plan 2012SEPP 14 – Coastal WetlandsSEPP 14 provides for the preservation and protection of coastal wetlandswithin close proximity to the Pacific Ocean coastline. The protection of thesecoastal wetlands is seen as an economic as well as environmental benefit andidentifies over 1300 wetlands of high value ranging from Tweed Heads toCape Howe. Richmond Valley contains a high number of these protectedcoastal wetlands and this policy is of particular importance to the LGA. RVCSEPP 14 wetlands within the LGA number over 40 and cover around 1600 Hain area.State Environmental Planning Policy 14 prescribes a number of activities(clearing of vegetation, levee bank construction, draining and filling) which aredeemed to be ‘designated’ development if proposed within proximity tosignificant wetland areas recognised, requiring the preparation of anenvironmental impact statement (EIS) in accordance with Part 3A of the EP&AAct.SEPP 14 does not actually define the wetlands covered by, and referred towithin the policy, and there is no statutory definition of wetland which may beapplied. It is for this reason RVC decided to include wetland area attributeswithin the Natural Resource Sensitivity mapping to safeguard and ensureappropriate assessment is procured for significant wetland areas.SEPP 15 – Rural Land-Sharing CommunitiesThe policy provides for local Council permissibility of multiple occupancieswith consent in rural areas subject to a list of criteria. Multiple occupanciespresent a community and environmental –based approach to closer ruralsettlement reliant upon resource sharing to develop opportunities for a morecommunal basis to rural living. SEPP 15 provides guidance for intendingapplicants.SEPP 26 – Littoral RainforestsThis SEPP protects littoral rainforests (distinctive coastal rainforest suited tosalt-laden drying coastal conditions). Currently no SEPP 26 rainforest havebeen identified within the RVC LGA, however the ‘remnant’ regeneration areawithin the Silver Sands Holiday Park area at Evans Head constitutes an areaworth protecting as the species represented function similarly to a naturallyoccurring littoral rainforest.SEPP 30 – Intensive AgricultureThe SEPP regulates cattle feedlots of more than 50 head capacity andpiggeries of more than 200 head. The policy sets out information and publicnotification requirements to regulate these larger export-driven rural industrypursuits that potentially have more environmental impact in rural areas. Thepolicy does not alter the functions of lesser developments where permitted orthe regular functions of Council as the local consent authority.Part I – Other Considerations – Additional State Considerations I.172
Richmond Valley Development Control Plan 2012SEPP 33 – Hazardous and Offensive DevelopmentThe SEPP defines ‘hazardous industry’, ‘hazardous storage establishment’,‘offensive industry’ and ‘offensive storage establishment’ for the purpose ofallowing or refusing a development based upon these definitions andindividual proposal’s merits. The policy sets out the procedure foradvertisement for public comment and requirement for ‘preliminary hazardanalysis’ (PHA). The policy does not override the role of Council as consentauthority and does not override land zoning or designated developmentprovisions under the Environmental Planning and Assessment Act 1979.SEPP 36 – Manufactured Home EstatesThe SEPP is intended to provide for manufactured home estates andassociated provision of affordable and secure housing within suitablelocations. MHE are permitted where caravan parks are permitted but mustmeet certain additional criteria for Council approval. The policy also permits,with consent, the subdivision of estates either by community title or by leasesof up to 20 years. A section 117 direction in relation to MHE issued inconjunction with policy guidelines for councils preparing LEPs is addressedwithin section 7.4.3.2 of this study.SEPP 44 – Koala Habitat ProtectionThis policy aims to encourage conservation and management of vegetationspecies providing food and habitat for koala populations across the State.RVC (and all local councils) must take into consideration whether anydevelopment will impact upon koala population if habitat/food species areproposed for removal. The policy furthers a State-wide approach to enable theeffective protection of Koalas through the minimisation of habitat and food treeloss.SEPP 49 – Tourism Accommodation in Private Homes (Draft Only)Consideration of this draft policy should be made as it will affect the possibilitythat the State planning instrument will override local provisions relating to ‘Bedand Breakfast’ style establishments.SEPP 50 – Canal EstatesThe policy prohibits canal estates in NSW from the date of gazettal to ensurecoastal and aquatic environments are not affected by these developments.SEPP 55 – Remediation of LandThe policy prescribes State-wide planning controls for remediation ofcontaminated land. It prohibits development if it is unsuitable for the proposeduse and provides standards and methodology to which contaminated landshould be remediated.SEPP 62 – Sustainable AquacultureThe SEPP is aquaculture industry specific to NSW to encourage sustainabilityand minimise environmental risk associated with site and operational factors.Part I – Other Considerations – Additional State Considerations I.173
- Page 121: Richmond Valley Development Control
- Page 124 and 125: Richmond Valley Development Control
- Page 126 and 127: Richmond Valley Development Control
- Page 128 and 129: Richmond Valley Development Control
- Page 131 and 132: Richmond Valley Development Control
- Page 133 and 134: Richmond Valley Development Control
- Page 135 and 136: Richmond Valley Development Control
- Page 137 and 138: Richmond Valley Development Control
- Page 139 and 140: Richmond Valley Development Control
- Page 141 and 142: Richmond Valley Development Control
- Page 143 and 144: Richmond Valley Development Control
- Page 145 and 146: Richmond Valley Development Control
- Page 147 and 148: Richmond Valley Development Control
- Page 149 and 150: Richmond Valley Development Control
- Page 151 and 152: Richmond Valley Development Control
- Page 153 and 154: Richmond Valley Development Control
- Page 155 and 156: Richmond Valley Development Control
- Page 157 and 158: Richmond Valley Development Control
- Page 159 and 160: Richmond Valley Development Control
- Page 161 and 162: Richmond Valley Development Control
- Page 163 and 164: Richmond Valley Development Control
- Page 165 and 166: Richmond Valley Development Control
- Page 167 and 168: Richmond Valley Development Control
- Page 169: Richmond Valley Development Control
- Page 174 and 175: Richmond Valley Development Control
- Page 176 and 177: Richmond Valley Development Control
- Page 179 and 180: Richmond Valley Development Control
- Page 181 and 182: Richmond Valley Development Control
- Page 183 and 184: Richmond Valley Development Control
- Page 185 and 186: Richmond Valley Development Control
- Page 187 and 188: Richmond Valley Development Control
- Page 189 and 190: Richmond Valley Development Control
- Page 191 and 192: Richmond Valley Development Control
<strong>Richmond</strong> <strong>Valley</strong> Development Control Plan 2012SEPP 33 – Hazardous and Offensive DevelopmentThe SEPP defines ‘hazardous industry’, ‘hazardous storage establishment’,‘offensive industry’ and ‘offensive storage establishment’ for the purpose ofallowing or refusing a development based upon these definitions andindividual proposal’s merits. The policy sets out the procedure foradvertisement for public comment and requirement for ‘preliminary hazardanalysis’ (PHA). The policy does not override the role of <strong>Council</strong> as consentauthority and does not override land zoning or designated developmentprovisions under the Environmental Planning and Assessment Act 1979.SEPP 36 – Manufactured Home EstatesThe SEPP is intended to provide for manufactured home estates andassociated provision of affordable and secure housing within suitablelocations. MHE are permitted where caravan parks are permitted but mustmeet certain additional criteria for <strong>Council</strong> approval. The policy also permits,with consent, the subdivision of estates either by community title or by leasesof up to 20 years. A section 117 direction in relation to MHE issued inconjunction with policy guidelines for councils preparing LEPs is addressedwithin section 7.4.3.2 of this study.SEPP 44 – Koala Habitat ProtectionThis policy aims to encourage conservation and management of vegetationspecies providing food and habitat for koala populations across the State.RVC (and all local councils) must take into consideration whether anydevelopment will impact upon koala population if habitat/food species areproposed for removal. The policy furthers a State-wide approach to enable theeffective protection of Koalas through the minimisation of habitat and food treeloss.SEPP 49 – Tourism Accommodation in Private Homes (Draft Only)Consideration of this draft policy should be made as it will affect the possibilitythat the State planning instrument will override local provisions relating to ‘Bedand Breakfast’ style establishments.SEPP 50 – Canal EstatesThe policy prohibits canal estates in NSW from the date of gazettal to ensurecoastal and aquatic environments are not affected by these developments.SEPP 55 – Remediation of LandThe policy prescribes State-wide planning controls for remediation ofcontaminated land. It prohibits development if it is unsuitable for the proposeduse and provides standards and methodology to which contaminated landshould be remediated.SEPP 62 – Sustainable AquacultureThe SEPP is aquaculture industry specific to NSW to encourage sustainabilityand minimise environmental risk associated with site and operational factors.<strong>Part</strong> I – <strong>Other</strong> <strong>Considerations</strong> – Additional State <strong>Considerations</strong> I.173