The General Manager
Tweed Shire Council
PO Box 816
Murwillumbah NSW 2482
18 January 2013
Planning Reforms – Draft LEP 2012
Caldera Environment Centre (CEC) is extremely disappointed that Tweed Shire Council has rushed the draft LEP to exhibition due to pressure from the Minister for Planning. The Minister’s media release appears to be the justification for placing the Standard Instrument LEP on exhibition without giving full consideration to the protection of environmentally significant areas by zoning these areas E2 and E3. The media release in September 2012 stated the Minister “will not endorse the use of the E2 and E3 environmental zones on land that is clearly rural in council LEPs on the Far North Coast”.
TSC should have placed the protection of environmentally significant areas within the shire above the intent of the state government. The inclusion of E2 and E3 zones proposed in the draft LEP 2010 would not impact on “clearly rural land” as the areas are generally bushland. The Minister for Planning’s media release is not grounds to proceed with the draft LEP 2012 without full consideration of issues detailed in this submission.
Considering the significant amount of studies already undertaken in the coastal area (previous environmental assessment and planning documents and strategies) and the excellent Shire wide vegetation mapping produced by Council there is sound “science based” information on which to base E zoning.
The exhibition period was extended to 60days after the request to councillors from the CEC to have the period extended from the proposed 28day period. The exhibition period included the Christmas/New Year break. Our request also included community workshops. TSC provided community workshops originally at four venues but excluded venues in the Tweed Heads Banora Point locations. The publicity was minimal for the first five thus workshops were poorly attended. By the time of the final workshop, 2 days ago, at Tweed Heads there was additional promotion and community interest. This was after a meeting called by CEC and Team Koala at very short notice and extremely well attended by representatives of 28 community groups.
CEC rejects the Draft LEP 2012 and calls for:
a deferment of the LEP until the Tweed Comprehensive Koala Plan of Management (TCKPoM), the Revised Environmental Strategy and the Department of Planning review are taken into consideration
OR
Public Hearing to address the following inadequacies in the process and in the document. Due process has not been followed in development of this substantially different draft LEP 2012.
An analysis has been provided to CEC by the EDO on our submission.
1 There are no sound reasons (the Minister’s request is not considered a sound reason) against incorporating the draft LEP 2010 as this document has been exhibited and approval given by the Department of Planning to proceed. To revert solely to a document produced pre 2000 is inconceivable as this version does not include updated conservation and biodiversity values of the Tweed. In October 2012 Council abandoned the Revised Environmental Strategy (a document which was specifically prepared to link the TVMS with the proposed LEP) in favour of a so-called “roll over” of LEP 2000 on the basis that the Department of Planning were pressuring Council to finalise its LEP.
Council promotes the draft LEP as a roll over of the current Tweed LEP 2000 however it ignores critical environmental changes recommended in the Council-adopted Tweed Vegetation Management Strategy 2004 (TVMS) some of which were included in Draft LEP 2010.
While Draft LEP 2010 included increased environmental protection zones along the Tweed Coast, the limitations inherent in the LEP Standard Instrument made it impossible to implement Council’s adopted policy in the rural hinterland. The result was removal of over 5000 ha of environmental protection zones from much of the rural hinterland. This provoked a strong public response with over 400 submissions, the majority being concerned about the loss of environmental protection zones in the west of the Shire.
To address this situation, Council (along with other North Coast Councils) lobbied the State Government for a more flexible approach and was eventually successful in having the Standard Instrument LEP changed. This breakthrough provided a way forward which would be supported by the Department of Planning and would see the implementation of a flexible but extensive E3 Environmental Management zone over highly constrained and steep lands consistent with the Tweed Vegetation Management Strategy. Council staff proceeded with a Revised Environmental Strategy to implement the Tweed Vegetation Management Strategy by further reviewing Draft LEP 2010.
Disturbingly, the Council report of 25 October 2012 which recommended this about-turn to remain with the current LEP 2000 was presented to the first meeting of the new Council and:
Did not include the Revised Environmental Strategy.
Did not clearly explain Council’s adopted policy on environmental protection.
Provided misleading advice regarding the ability of Council’s policy position to be implemented under the Standard Instrument LEP. No alternative options were provided.
Did not consider the environmental consequences which would see more than 1200 ha of bushland, including Koala habitat, previously identified for Environmental Protection zoning on the Tweed Coast allocated to other zones and the re-instatement of highly restrictive and poorly mapped environmental protection zones in the rural hinterland.
Did not consider the implications of the draft LEP on the Tweed Comprehensive Koala Plan of Management which was nearing completion.
Was not accompanied by any draft zoning maps which would allow Councillors and the community to scrutinise any changes to zones. We acknowledge that these maps were provided when the LEP was place on exhibition.
Did not assess whether or not any proposed additions to environmental protection zones would adversely affect agriculture and conflict with the Minister for Planning’s announcement (All new environmental zones proposed under Draft LEP 2010 were significant bushland habitat although many of the E zones in Draft LEP 2012 include lands used for agriculture!).
It is inconceivable that Council could have been aware of what they were agreeing to when they resolved to exhibit Draft LEP 2012.
2. The Department of Planning has recently commissioned a consultant to review the application of Environmental Protection Zones on the Far North Coast. This review was triggered by political pressure from rural landowners mainly in Lismore and Kyogle Shires, disgruntled by E zoning placed on their properties. The review of Tweed Shire E zoning will reveal that the E zoning proposed for the Tweed Coast in draft LEP 2010 was supported by the community and the previous state government as well as has little if any impact on rural land.
3. The draft LEP 2012 does not meet legislative requirements in that is does not apply environmental protection zoning to areas that fulfil the requirements of SEPP 44 – Koala Habitat Protection or to areas that are Endangered Ecological Communities and/or habitat for threatened species listed under the NSW Threatened Species Conservation Act 1995 (TSC Act) and the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
“A draft LEP that applies to land within an environment protection zone or land otherwise identified for environment protection purposes in a LEP shall not reduce the environmental protection standards that apply to the land“.
Clause 15 of SEPP 44 states:
15 Surveys, environmental protection zones and development control plans
In order to give effect to the aims of this Policy, a council of a local government area listed in Schedule 1 should:
(a) Survey the land within its area so as to identify areas of potential koala habitat and core koala habitat, and
(b) Make or amend a local environmental plan:
(i) To
include land identified as a core koala habitat within an environmental protection zone, or…
4. In complete opposition to its own policy (TVMS), Draft LEP 2012 removes over 1200 ha of bushland (mostly Koala habitat) previously zoned for Environmental Protection on the Tweed Coast under Draft LEP 2010. In addition areas currently protected by way of Tree Preservation Orders have decreased by about 10000ha. Examples of loss of protected areas most of which are Endangered Ecological Communities, Koala Habitat or critical Wildlife Corridors are at Koala Beach, Black Rocks, Tweed Coastal Reserve, West Pottsville, Chinderah, Wooyung and Tweed Heads West.
5. Council is currently preparing a Koala Plan of Management (KPoM) for the Tweed Coast to protect the highly vulnerable remaining population of Koalas. The proposed LEP’s extensive loss of environmental protection zoning on the Tweed Coast means that the KPoM’s ability to protect the current population is significantly compromised. Again this is contrary to Council’s recent unanimously-supported resolutions to protect all Koala habitat on the Tweed Coast and nominate Tweed Coast Koalas as an Endangered Population under the Threatened Species Conservation Act. The Tweed Coast Koala Advisory Group is now considering if it can actually produce a KPoM that will have any capacity to recover the Koala population.
6. The Revised Environmental Strategy has not been made available to Councillors or the community. Cr Milne has unsuccessfully attempted to obtain a copy of the Revised Environmental Strategy through the General Manager. She successfully moved that it be provided to the next Council meeting on the 24th January 2013. Instead a workshop is scheduled for 31st January 2013.
Surely, it is not wise to proceed with the Draft LEP 2012 until all these issues are addressed.
In summary Caldera Environment Centre recommends that:
Community rejects draft LEP 2012 and either defers or calls for a Public Hearing as due process has not been followed in development of this substantially different draft LEP 2012 as:
It is not consistent with TSC adopted policy and does not recognise extensive community feedback on Draft LEP 2010 which called for an increase in environment protection.
The draft LEP 2012 does not meet legislative requirements in that is does not apply environmental protection zoning to areas that fulfill the requirements of SEPP 44 – Koala Habitat Protection.
Council was misled because they were not provided with information on Councils current policy position or an assessment of the consequences to policy and the environment.
Department of Planning has announced a study to review environment zones on the north coast which is yet to be completed.
The Revised Environmental Strategy and draft KPoM have not yet been provided to Councillors or the community for review and comment.
In addition the change of the land use table for E3 zoning on the Tweed Coast in particular has also raised concerns. The weakening of E3 zones may be appropriate in the western areas of the shire where the zones impact on land adjacent to rural zoning or within rural holdings but not in areas where the land subject to the zoning is bushland.
An example of the inappropriate use of E3 zoning is the land west of Black Rocks Estate adjacent to the new sportsfields. This are should be given the higher protection, E2, as it is identified Koala habitat, Endangered Ecological Community and within an identified wildlife corridor.
Thank you for the opportunity to provide comment. It is hoped that full consideration is given to the comments and recommendations provided by CEC.
Regards
Sam Dawson
Co-ordinator
Caldera Environment Centre.
PlanningReforms@tweed.nsw.gov.au
Councillors
kmilne@tweed.nsw.gov.au gbagnall@tweed.nsw.gov.au
marmstrong@tweed.nsw.gov.au blongland@tweed.nsw.gov.au
wpolglase@tweed.nsw.gov.au pyoungblutt@tweed.nsw.gov.au cbyrne@tweed.nsw.gov.au
State Reps
Thomas George lismore@parliament.nsw.gov.au
Geoff Provest tweed@parliament.nsw.gov.au
Luke Foley Luke.Foley@parliament.nsw.gov.au
Addendum
CEC supports Cr Bagnall’s Notice of Motion – Agenda items 24th January 2013.
Note – CKPoM to be added to documents to be included.
Cr Gary Bagnall – Notice of motion (45) that Council suspend further work on the Local Environmental Plan subject to the inclusion of Council’s revised Environmental Strategy and the release of the Department of Planning’s consultants report on the application of environmental zones on the North Coast of NSW; and
CEC awaits the response by Council to Cr Milne’s questions below.
Cr Katie Milne Questions on notice (49, 50 and 51):
How and when is Council’s revised Environmental Strategy, now proposed to be included in the Local Environmental Plan?
Why did Council not provide Councillors, in the Council report of October 2012, the option of including Council’s Revised Environmental Strategy, and were there any instructions from the State Government that prohibited this strategy from being included or whose decision was it not to include those Strategy in the draft Local Environmental Plan 2012?
What effect will the Draft Local Environment Plan 2012 have on coastal protection of Koalas and the environment, Council’s Environmental Protection Strategy for the coast, and the draft Koala Plan of Management? and
CEC supports the recommendations of the TCKAG below.
The Executive Management Team Recommendations:
That Council notes the Tweed Coast Koala Advisory Group (TCKAG) advice [on Draft LEP 2012] that:
1. Approval of the draft Tweed LEP 2012 in its current form will have significant impacts on Council’s ability to appropriately protect and recover the koala populations on the Tweed Coast in accordance with Council’s previous resolutions on the matter.
2. Under Draft LEP 2012 effective protection of koala habitat and koala food trees (via tree preservation provisions) will be reduced across the Tweed Coast Koala Study Area from 19725ha to approximately 9435ha most of which is built up urban areas not generally frequented by koalas.
3. Approximately 1244 ha of lands previously identified for environmental zoning under Draft LEP 2010 within Tweed Coast Koala Study Area have been assigned to other zones in Draft LEP 2012. Most of this land has reverted to rural and non-urban zonings where koala habitat will not be able to be adequately protected.
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