A Council meeting will be held on Tuesday 20 July 2021 in the Council Chambers located Corner Tozer and Elbow Streets, West Kempsey commencing at ...
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A Council meeting will be held on Tuesday 20 July 2021 in the Council Chambers located Corner Tozer and Elbow Streets, West Kempsey commencing at 9:00 AM
INDEX
1 OPENING PRAYER..............................................................................................................................3
2 ACKNOWLEDGEMENT OF COUNTRY.................................................................................................3
3 APOLOGIES AND APPLICATIONS FOR A LEAVE OF ABSENCE BY COUNCILLORS ................................3
4 CONFIRMATION OF MINUTES ...........................................................................................................3
5 DISCLOSURES OF INTEREST ...............................................................................................................3
6 ITEMS PASSED BY EXCEPTION ...........................................................................................................4
7 MAYORAL MINUTES ..........................................................................................................................5
8 REPORTS OF COMMITTEES ...............................................................................................................6
9 REPORTS TO COUNCIL.......................................................................................................................7
9.1 CRESCENT HEAD PUBLIC DOMAIN PLAN - FORESHORE CAR PARKING AREA ............................................7
9.2 DRAFT BIODIVERSITY STRATEGY - KEMPSEY SHIRE .................................................................................17
9.3 KEMPSEY CBD FLOOD PLANNING ............................................................................................................22
9.4 PLANNING PROPOSAL - NEVILLE MORTON DRIVE, CRESCENT HEAD ......................................................30
9.5 WIGAY ABORIGINAL CULTURAL PARK INCORPORATION.........................................................................38
9.6 LOCAL EVENT DAY APPLICATION 2021 - KEMPSEY SHOW.......................................................................41
9.7 DEVELOPMENT ACTIVITY AND LEP VARIATIONS - QUARTERLY SNAPSHOT - 4TH QUARTER...................44
9.8 STATEMENT OF CASH AND INVESTMENTS - JULY 2021...........................................................................47
10 NOTICES OF MOTION/QUESTIONS WITH NOTICE...........................................................................49
10.1 MACLEAY FLOOD REPORT........................................................................................................................49
10.2 CINEMA RECOGNITION............................................................................................................................52
10.3 QUESTIONS WITH NOTICE .......................................................................................................................54
11 CONFIDENTIAL MATTERS ................................................................................................................67
11.1 LEGAL MATTERS.......................................................................................................................................68
11.2 PROVISION OF PROJECT MANAGEMENT AND ENGINEERING SERVICES TENDER TQE21/18 ..................68
12 CONCLUSION OF THE MEETING ......................................................................................................68
Ordinary Council Meeting - 20 July 2021 Page 2
1 OPENING PRAYER “Dear Lord, help us in our deliberations today so that our decisions will be for the greater good for the whole of Kempsey Shire - Amen”. 2 ACKNOWLEDGEMENT OF COUNTRY “Kempsey Shire Council acknowledges the land of the Thunggutti/Dunghutti Nation. We pay respect to Elders past and present. We acknowledge the role of emerging leaders to continue to guide us in the future. We acknowledge the Stolen Generations and the need to change practices to be inclusive. This land always was and always will be Thunggutti/Dunghutti land.”. 3 APOLOGIES AND APPLICATIONS FOR A LEAVE OF ABSENCE BY COUNCILLORS That the apology submitted by Councillors for non-attendance at the meeting be accepted and leave of absence granted. 4 CONFIRMATION OF MINUTES That the minutes of the ordinary meeting of Kempsey Shire Council dated 29 June 2021 be confirmed. Attachments 1. 2021-06-29-draft-minutes [4.1.1 - 31 pages] 5 DISCLOSURES OF INTEREST That Councillors' declared interests be noted. Ordinary Council Meeting - 20 July 2021 Page 3
6 ITEMS PASSED BY EXCEPTION
The council or a committee of council may, at any time, resolve to adopt multiple items of business
on the agenda together by way of a single resolution.
Before the council or committee resolves to adopt multiple items of business on the agenda
together, the chairperson must list the items of business to be adopted and ask councillors to
identify any individual items of business listed by the chairperson that they intend to vote against
the recommendation made in the business paper or that they wish to speak on.
The council must not resolve to adopt any item of business that a councillor has identified as being
one they intend to vote against the recommendation made in the business paper or to speak on.
RECOMMENDED:
That the recommendations contained in the following items be adopted:
9.5 WIGAY ABORIGINAL CULTURAL PARK INCORPORATION
9.6 LOCAL EVENT DAY APPLICATION 2021 – KEMPSEY SHOW
9.7 DEVELOPMENT ACTIVITY AND LEP VARIATIONS – QAURTERLY SNAPSHOT –
4TH QUARTER
9.8 STATEMENT OF CASH AND INVESTMENTS
11.1 LEGAL MATTERS
11.2 PROVISION OF PROJECT MANAGEMENT AND ENGINEERING SERVICES TENDER
TQE21/18
Ordinary Council Meeting - 20 July 2021 Page 4
7 MAYORAL MINUTES Nil Ordinary Council Meeting - 20 July 2021 Page 5
8 REPORTS OF COMMITTEES Nil Ordinary Council Meeting - 20 July 2021 Page 6
9 REPORTS TO COUNCIL
9.1 CRESCENT HEAD PUBLIC DOMAIN PLAN - FORESHORE CAR PARKING AREA
Officer Robert Fish, Director Operations & Planning
File No F19/1812
Attachments 1. Crescent Head Public Domain Plan Post Exhibition Revision October 2020
[9.1.1 - 90 pages]
PURPOSE
Present to Council for consideration a revised foreshore open space and parking layout for the
Crescent Head Public Domain Plan (CHPDP) as per the Council resolution of the 18 May 2021.
RECOMMENDATION
That Council:
1. Endorse Option 4 for the revised foreshore open space and parking layout; and
2. Staff take the necessary steps to finalise the Crescent Head Public Domain Plan in
accordance with this revised layout.
BACKGROUND
The Crescent Head Master Plan (CHMP) was completed in 2017 and set out community priorities for
action. This included:
Traffic Management and Parking Plan
Foreshore Recreation and Landscape Plan
Town Centre Urban Landscape Plan
A traffic management and parking plan was undertaken in 2019. This informed the CHPDP
developed in 2020, which delivered the foreshore and town centre landscape plans as identified in
the CHMP.
At its meeting of 20 October 2020, Council resolved the following with respect to the CHPDP
(attached):
That Council:
1. Consider the feedback received from the community on the draft Plan.
2. Note the petitions received during the public exhibition period.
3. Adopt in principle those Sectors of the Crescent Head Public Domain Plan as described in
Table 2 of this Report and the attached revised draft Plan, inclusive of foreshore car parking
Option A as the preferred layout for that Sector, and take the necessary actions to finalise
these plans.
4. Adopt those Sectors of the Crescent Head Public Domain Plan as described in Table 3 and
Table 4 of this Report and the attached revised draft Plan.
5. Council acknowledges that there is $800,000 available for implementation of the work in
accordance with recently announced grant funding pending the outcome of the final grant
applications.
Ordinary Council Meeting - 20 July 2021 Page 7
The foreshore open space and parking layout (Option A) that was adopted is presented below:
At its meeting of 18 May 2021, in response to a notice of motion from Councillor Mark Baxter,
Council unanimously resolved:
1. Note the October 2020 resolution of Council with regard to the adoption of the Crescent
Head Public Domain Plan, which included adopting in principle the foreshore carparking
Option A as the preferred layout.
2. Staff seek to further refine the concept plans including additional parking and a component
of foreshore parking area whilst maintaining the greenspace principles of the existing
concepts within the Public Domain plans.
3. The refined plan or plans be reported to a future council meeting.
In response to this directive, the consultant who prepared the Crescent Head Public Domain Plan
was further engaged to investigate options in line with this resolution. These options were
presented to Councillors at the General Manager’s briefing on Tuesday 6 July 2021 for discussion
and further direction.
These options are outlined below.
Option 1:
Ordinary Council Meeting - 20 July 2021 Page 8
Options 2 & 3: Ordinary Council Meeting - 20 July 2021 Page 9
Ordinary Council Meeting - 20 July 2021 Page 10
Option 4: Ordinary Council Meeting - 20 July 2021 Page 11
Ordinary Council Meeting - 20 July 2021 Page 12
Option 4 presents a substantial increase in car parking, provides a ‘surf check’ which was a strong
theme in the community feedback received, and allows for an enlarged and enhanced playground
area from that which currently exists. The layout has been designed to accommodate a bus
manoeuvring through.
It should be noted that this option does reduce the playground and skate park areas from that in the
original Option A.
KEY CONSIDERATIONS
Policy and Legislation
Coastal Management Act 2016
The Coastal Management Act 2016 (CM Act) applies to the project area and is supported by the
associated regulations and State Environmental Planning Policy (Coastal Management) 2018 (Coastal
SEPP). This legislative framework guides development within the coastal zone of NSW.
The project area is mapped as follows under the coastal management framework:
Coastal environment area
Coastal use area
The management objectives of the coastal environment area are:
1. to protect and enhance the coastal environmental values and natural processes of coastal
waters, estuaries, coastal lakes and coastal lagoons, and enhance natural character, scenic
value, biological diversity and ecosystem integrity,
2. to reduce threats to and improve the resilience of coastal waters, estuaries, coastal lakes and
coastal lagoons, including in response to climate change,
3. to maintain and improve water quality and estuary health,
Ordinary Council Meeting - 20 July 2021 Page 134. to support the social and cultural values of coastal waters, estuaries, coastal lakes and
coastal lagoons,
5. to maintain the presence of beaches, dunes and the natural features of foreshores, taking
into account the beach system operating at the relevant place,
6. to maintain and, where practicable, improve public access, amenity and use of beaches,
foreshores, headlands and rock platforms.
The management objectives of the coastal use area are:
1. to protect and enhance the scenic, social and cultural values of the coast by ensuring that:
o the type, bulk, scale and size of development is appropriate for the location and
natural scenic quality of the coast, and
o adverse impacts of development on cultural and built environment heritage are
avoided or mitigated, and
o urban design, including water sensitive urban design, is supported and incorporated
into development activities, and
o adequate public open space is provided, including for recreational activities and
associated infrastructure, and
o the use of the surf zone is considered,
2. to accommodate both urbanised and natural stretches of coastline.
The above-mentioned legislated objectives have been considered and adhered to in the
development of the CHPDP and remain relevant considerations for the revised foreshore open space
and parking layout.
Crown Land Management Act 2016
The foreshore component of the project area is crown land to which the Crown Land Management
Act 2016 (CLM Act) applies. The CLM Act provides the framework for the governance and
management of crown land through the development of ‘plans of management’. A plan of
management is a statutory instrument that provides strategic planning and governance for the
management and use of land. Under this framework, the foreshore component of the project area
will be covered by and managed through an adopted plan of management in the future. The work
done through the CHPDP, including the revised foreshore open space and parking layout if adopted,
will ultimately be incorporated into the future plan of management.
Strategic Alignment
North Coast Regional Plan 2036
The North Coast Regional Plan 2036 (NCR Plan) encompasses a vision, goals and actions geared
towards delivering greater prosperity in the years ahead for those who live, work and visit the North
Coast of NSW, and provides a blueprint to deliver on these.
The vision is:
The best region in Australia to live, work and play thanks to its spectacular environment and vibrant
communities.
The CHPDP was developed in line with this vision and in accordance with the following goals and
actions from the NCR Plan:
Goal 1: The most stunning environment in NSW
Ordinary Council Meeting - 20 July 2021 Page 14Goal 3: Vibrant and engaged communities
The revised foreshore open space and parking layout maintains consistency with this vision and
these goals.
Community Strategic Plan 2036 (June 2017)
The CHPDP aligns with the Community Strategic Plan 2017-2021 being consistent with the following
strategies:
1. HS-01 Plan for and provide infrastructure that encourages and allows for active lifestyles
2. HS-03 Restore damaged environments and removal of environmental threats
3. SOS-01 Create a range of meeting places for the community
4. SAS-06 Provide vibrant public spaces owned by the community
The revised foreshore open space and parking layout does not alter this, although it should be noted
that any increase in car parking will be at the expense of open space. The playground and skate park
areas have been reduced to accommodate a significant increase in car parking in Option 4.
Crescent Head Master Plan (CHMP) 2017
The CHPDP delivers on the following from the adopted CHMP:
Project Proposal Objectives Issue
Investigate formalisation of
Rationalise vehicle parking at
overflow and peak period
Willow Street
parking at Willow street
Provide parking for a variety of
Investigate new parking
vehicle types at key locations
strategy for beach foreshore
along foreshore area
Crescent Head Traffic
Management and Parking Improve pedestrian safety and
Plan traffic management between
foreshore and village centre on
reserve road particularly Conflicts between traffic and
during peak holiday periods pedestrians occurring along
Reserve Road
Investigate new town centre
parking scheme and traffic
management strategy
Identify and upgrade picnic Local amenities and
facilities and playgrounds in beautification of the streets
Crescent Head Foreshore parklands around foreshores, and parks.
Recreation and Landscape beach and village centre,
Plan including swimming pool and Picnic and open space facilities
Baker Drive Community need upgrading
Precinct
Crescent Head Town Centre Village centre public domain
Poor public spaces in village
Urban Landscape Plan upgrade
Ordinary Council Meeting - 20 July 2021 Page 15Improved streetscape with
Street landscaping and new
new street furniture and
street trees
planting scheme
Improved lighting in village Increased security in public
centre and foreshores spaces
The revised foreshore open space and parking layout does not affect delivering on these objectives
through the CHPDP.
Impact on Financial Sustainability
Costs associated with development of the revised layout for this component of the CHPDP to date
are $6,820 (GST inclusive), excluding staff time. Further costs will be incurred as the CHPDP is
finalised in accordance with the revised layout if adopted.
Stakeholder Engagement
No stakeholder engagement has occurred in developing the revised layout. Extensive stakeholder
engagement occurred during development of the plan.
If further engagement is desired, Council will need to identify the resources to facilitate this. Staff
time will need to be diverted from other projects identified in the 2021/22 Operational Plan and a
funding source identified.
Other Matters
Nil.
CONCLUSION
In response to a direction from Councillors, further options for the foreshore open space and parking
layout have been developed. These have been presented to Councillors, along with the positive and
negative aspects of each option. Council is now requested to adopt one of these options to enable
the CHPDP to be finalised.
This report recommends Option 4 be adopted, which provides for increased parking spaces within
the foreshore area and a ‘surf check’ area at the ocean front turn around. The option also provides
an expanded creek front parkland area from that which currently exists, although smaller in area
than that envisaged in the adopted plan from the October 2020 Ordinary Council Meeting.
Whilst this option is recommended based on initial Councillor feedback, Council may consider
incorporating the foreshore area layouts presented within options 2 and 3 within a modified version
of option 4.
The next step will be to undertake further detailed design of elements within the finalised CHPDP to
enable construction work to occur as and when funding becomes available.
Ordinary Council Meeting - 20 July 2021 Page 169.2 DRAFT BIODIVERSITY STRATEGY - KEMPSEY SHIRE
Officer Megan Jones, Environmental Planning Officer
File No F19/1179
Attachments 1. Kempsey Shire Draft Biodiversity Strategy [9.2.1 - 49 pages]
PURPOSE
Report on the development of the draft Biodiversity Strategy for Kempsey Shire and seek Council’s
endorsement to proceed to public exhibition.
RECOMMENDATION
That Council:
1. Approve the Draft Biodiversity Strategy for the Kempsey Shire to proceed to public
exhibition.
2. Receives a further report at the conclusion of the public exhibition period.
BACKGROUND
Development of the Draft Biodiversity Strategy
This report outlines the development of the Biodiversity Strategy for the Kempsey Shire. The
preparation of the Biodiversity Strategy was originally endorsed by Council in the 2013-2017 Delivery
Program and the 2014-2015 Operational Plan and was proposed to be carried out during 2015. The
development of the Biodiversity Strategy was subsequently carried over into the 2017-2021 Delivery
Program and Operational Plans.
The purpose of the Biodiversity Strategy is to ensure that the management of biodiversity within the
Kempsey Shire allows for population growth while protecting, maintaining, restoring, and connecting
the rich biodiversity of our area for current and future generations. Critically, the Biodiversity
Strategy builds Council’s foundational knowledge of biodiversity values within the Kempsey Shire
and identifies the threats to those biodiversity values. Building on this foundational knowledge will
help inform other Council Strategies around land-use planning, specifically the upcoming Local
Growth Management Strategy (LGMS).
Process
A four-step process was followed to develop the Draft Biodiversity Strategy:
1. Engagement with subject-matter experts on the biodiversity values and threats to those
values within Kempsey Shire LGA.
2. Development of a Discussion Paper and online survey to seek feedback from the community,
community organisations and relevant Government Departments.
3. Review of the community, community organisations and relevant Government Departments
feedback in relation to the scope of the Biodiversity Strategy.
4. Preparation of the draft Biodiversity Strategy document establishing Themes, Biodiversity
Priorities, Actions and Deliverables.
Throughout this process, Council staff have been engaged in the development of the proposed
Themes, Biodiversity Priorities, Actions and Deliverables. Staff expertise has been relied upon
throughout the development of the Strategy.
Ordinary Council Meeting - 20 July 2021 Page 17Structure and Content of the Draft Biodiversity Strategy
The structure of the draft Biodiversity Strategy follows the format of the recently adopted Local
Strategic Planning Statement (LSPS) July 2020 i.e. establishes the broader context, sets the Vision for
biodiversity management, establishes biodiversity themes, priorities, actions, and deliverables
(including timeframe, funding and funding source).
Vision for biodiversity management
The Vision is to Manage biodiversity values within Kempsey Shire LGA for current and future
generations.
Biodiversity Themes
The practical steps which will deliver on the vision of the Biodiversity Strategy are structured under
five themes drawn from key biodiversity concepts:
1. Protect biodiversity values in Kempsey Shire LGA through land-use planning, development
controls, zoning and development assessment processes.
2. Maintain biodiversity values in Kempsey Shire LGA through operational planning, strategies,
plans and programs.
3. Restore biodiversity values in Kempsey Shire LGA through operational planning, strategies,
plans and programs.
4. Connect biodiversity values in Kempsey Shire LGA through supporting existing Regional,
State, Federal and Private biodiversity conservation programs.
5. Engage with our community on biodiversity values and threats to those values in Kempsey
Shire LGA through targeted environmental management initiatives.
The objective of each theme will help to address the key threats to biodiversity identified within the
Kempsey Shire LGA.
Biodiversity Priorities
A total of twelve (12) biodiversity priorities have been identified under the five key themes, along
with specific actions Council will take, timeframes, funding and funding source required to ensure
that the identified goals are realised through the duration of the Biodiversity Strategy. Actions will
be integrated into Council’s 4-year Delivery Program and implemented via Council’s annual
Operational Plans. Considerations such as external funding opportunities, internal resourcing
requirements, Council’s priorities and biodiversity goals will help determine which actions will be
undertaken each year. It is planned that each of the identified actions will be reported on in
Council’s Annual Report.
KEY CONSIDERATIONS
Policy and Legislation
The Draft Biodiversity Strategy aligns with the following Strategies and Plans:
Australia’s Strategy for Nature 2019–2030.
NSW Biodiversity Conservation Program.
State Strategic Plan - A Vision for Crown Land 2020.
North Coast Regional Plan 2036.
North Coast Regional Strategic Weed Management Plan 2017-2022.
North Coast Regional Strategic Pest Animal Management Plan 2018-2023.
North Coast Local Strategic Plan 2021-2026.
Ordinary Council Meeting - 20 July 2021 Page 18The Draft Biodiversity Strategy aligns with the following legislation:
Environment Protection & Biodiversity Conservation Act 1999
NSW Biosecurity Act 2015
NSW Biodiversity Conservation Act 2016
NSW Environmental Planning and Assessment Act 1979
Strategic Alignment
The proposed draft Biodiversity Strategy aligns with the current strategies and plans of Kempsey
Shire Council, driven by the following key actions.
Strategy / Plan Action
Operational Plan 2020-2021 Action HS04.1.1 Prepare a Biodiversity Strategy for the Kempsey Shire.
Delivery Program 2017-2021 Program: Promote development that is high quality and
environmentally sustainable.
Priority Actions: Plan for sustainable development:
Complete the Biodiversity Strategy
Commence implementation of the Biodiversity Strategy
Macleay Valley 2036 - Community Our community values ‘Being Healthy’ which includes:
Strategic Plan
Living in a heathy environment; and
The environment being in a healthy state.
The strategies to retain or improve health are:
(HS-03) Restore damaged environments and removal of
environmental threats.
(HS-04) Use planning controls to ensure that environmental
impacts do not negatively affect lifestyle.
Goals targeted: increase biodiversity, Macleay River health, and
estuary health.
Local Strategic Planning Theme 1: Healthy Environment:
Statement 2020
Planning priority H1: Deliver growth that does not
compromise the Shire’s rich biodiversity.
o H2.2 Prepare a Biodiversity Strategy for the Shire.
Impact on Financial Sustainability
The costs associated with the preparation of the draft Biodiversity Strategy have been funded
through the Environmental Levy.
Ordinary Council Meeting - 20 July 2021 Page 19The Actions defined in the Biodiversity Strategy will be integrated into Council’s 4-year Delivery
Program and implemented via Council’s annual Operational Plans. Considerations such as external
funding opportunities, internal resourcing requirements, Council’s priorities and biodiversity goals
will help determine which actions are undertaken each year.
Stakeholder Engagement
The Draft Biodiversity Strategy was developed in consultation with:
1. The Natural Resource Consultative Group (NRGC) and established expert panel via
presentations and dedicated workshops in March and April 2019.
2. Kempsey Shire Community via a dedicated ‘Your Say Macleay’ online platform
[https://yoursay.macleay.nsw.gov.au/biodiversity-strategy] and online survey during May-
June 2019, which included a discussion paper and background information on the
biodiversity found within Kempsey Shire LGA. The online platform had 239 visits and 48
individuals participated in the online survey.
3. Government Departments and community organisations via written request during May-
June 2019, which included a discussion paper and background information on the
biodiversity found within the Kempsey Shire LGA.
The feedback received via the Your Say Macleay survey indicated the community places a high level
of importance on 1) the protection of vegetation from further activities that lead to a loss or change
to habitat and 2) the retention of biodiversity offsets (where necessary) within Kempsey Shire LGA.
Survey participants indicated there is room for improvement in how Council has managed
biodiversity values from threat activities such as the clearing of native vegetation and the invasion
by weed species. Survey participants also indicated Council should prioritise the following actions in
managing biodiversity within the Kempsey Shire LGA:
1. Provide on-ground work and financial assistance for projects to manage invasive species.
2. Provide on-ground work and/or financial assistance support to non for-profit community
environmental rehabilitation groups (such as Macleay Landcare groups and dune care).
3. Develop programs and actions to mitigate the impacts of climate change and sea level rise
on biodiversity.
The results of the community survey and agency submissions were taken into consideration when
developing the Biodiversity Strategy.
More recently, Council staff were engaged via two, 2-hour internal ‘Drop-in Sessions’ delivered on
Thursday 10th June 2021. Each session was designed to seek specific feedback from Council’s
business units to ensure the proposed Biodiversity Priorities, Actions and Deliverables met
organisational objectives and incorporates Council’s various business requirements. Attendees from
7 business units provided specific details on interdependencies between the proposed Actions and
Deliverables and other Council projects, which have been reflected in the Biodiversity Strategy.
Once the 28-day community consultation period is complete, the matter will be reported back to
Council to consider the submissions received and endorse the final Biodiversity Strategy for the
Kempsey Shire.
Other Matters
Nil.
Ordinary Council Meeting - 20 July 2021 Page 20CONCLUSION A Draft Biodiversity Strategy has been prepared for the Kempsey Shire in consultation with subject matter experts from Government Departments and community organisations, in addition to the broader community. The Strategy aligns with regional, state and national biodiversity strategies. The Actions identified provide practical steps which will deliver on the Vision of the Biodiversity Strategy and are structured under five themes: Protect, Maintain, Restore, Connect and Engage. This report recommends Council publicly exhibit the draft strategy, prior to a report back to Council on submissions received and for adoption of the final strategy. Ordinary Council Meeting - 20 July 2021 Page 21
9.3 KEMPSEY CBD FLOOD PLANNING
Officer Marnie Jeffery, Town Planner
File No KLEP2013-AM-32
Attachments 1. Final DCP 2013 Chapter B 7 - Flood Hazard Area Management - Version 1.9
[9.3.1 - 28 pages]
2. Kempsey CBD Study Area Flood Mapping [9.3.2 - 4 pages]
3. Public Submissions KDCP 2013 Chapter B 7 [9.3.3 - 6 pages]
PURPOSE
The purpose of this report is to seek Council’s endorsement to adopt the amended Kempsey
Development Control Plan (KDCP) 2013 Chapter B7: Floodplain Management to ensure development
control measures are in place for development on flood affected land and endorse the newly
developed Flood Mapping on Council’s website.
RECOMMENDATION
That Council,
1. Adopt amended Kempsey Development Control Plan 2013 Chapter B7: Flood Hazard Area
Management.
2. Endorse the Flood Mapping and have it made accessible by the public through Council’s
website.
BACKGROUND
At the April Ordinary Meeting of Council, Council resolved to act on the recommended changes to
the Kempsey Local Environmental Plan (KLEP) 2013 and Kempsey Development Control Plan (KDCP)
2013, as made in the Kempsey CBD Flood Risk Management Study and Plan.
These changes were in the form of seeking Gateway Determination from the Department of
Planning, Industry and Environment (DPIE) to proceed with a Planning Proposal to amend KLEP 2013
Clause 7.3 and introduce a Floodplain risk management clause into KLEP 2013, along with
amendments to KDCP 2013 Chapter B7: Floodplain Management.
Once Gateway Determination was received, the Planning Proposal and KDCP 2013 Draft Chapter B7:
Flood Hazard Area Management would be placed on public exhibition for a period of 28 days and
reported back to Council upon conclusion of the public exhibition period.
Council’s resolution from the April 2021 Ordinary Meeting of Council as described above was a
follows:
That Council:
1. Act on the recommended changes to the Kempsey Local Environmental Plan (KLEP) 2013 and
Kempsey Development Control Plan (KDCP) 2013, as made in the Kempsey CBD Flood Risk
Management Study and Plan.
2. Adopt the amendments to Council Policy 1.1 - Development Control Policy and repeal
Procedure 1.1.11 - Flood Risk Management.
3. Submit the attached planning proposal to amend KLEP 2013 Clause 7.3 and introduce a
Floodplain risk management clause to KLEP 2013 to the Minister for Planning for Gateway
consideration pursuant to section 3.34 of the Act.
Ordinary Council Meeting - 20 July 2021 Page 224. Request written authorisation from the Secretary of the Department of Planning, Industry
and Environment to exercise plan making delegations in relation to this proposal.
5. Take the necessary steps to exhibit the planning proposal pursuant to section 3.33 of the Act,
expressing the objective and intended outcomes of proposed changes to the Kempsey Local
Environmental Plan 2013 (LEP), and amend Kempsey Development Control Plan 2013
Chapter B7: Floodplain Management (DCP) as described in the report, pursuant to section
3.43 of the Act and in accordance with any Gateway determination.
6. Receives a further report at the conclusion of the public exhibition period.
Planning Proposal
A Planning Proposal was prepared to amend Clause 7.3 of KLEP 2013 to provide planning provisions
for Flood Planning on land at or below the flood planning level and to include land identified within
the ‘Flood Planning Area’ on Flood Planning maps. In addition, the introduction of a clause for
Floodplain Risk Management was proposed to ensure development on the floodplain with particular
evacuation or emergency response issues, provide safe occupation and evacuation from the land and to
protect the operational capacity of emergency response facilities and critical infrastructure during
extreme flood events. The additional clause proposed was intended to apply to land between the ‘Flood
Planning Area’ and the ‘Probable Maximum Flood’.
As reported to the June 2021 Ordinary Meeting of Council, State Environmental Planning Policy
Amendment (Flood Planning) 2021 and Standard Instrument (Local Environmental Plans)
Amendment (Flood Planning) Order 2021 were published on the NSW Legislation website in late
May 2021 and will come into effect on 14th July 2021. These legislative amendments will repeal Cl.
7.3 from KLEP 2013 and introduce a compulsory Flood planning clause (Cl. 5.21) and an optional
Special flood considerations clause (Cl. 5.22) to all LEPs under the Standard Instrument format. As
KLEP 2013 adopted the Standard Instrument format, these amendments are required to be
implemented, and they effectively address all the matters outlined in the Planning Proposal.
Therefore, due to these legislative amendments Council was no longer required to proceed with the
Planning Proposal and as a result the Planning Proposal was withdrawn from seeking Gateway
Determination from DPIE and Council resolved to opt into the optional clause for Floodplain Risk
Management. Council’s resolution from the June 2021 Ordinary Meeting was as follows:
That Council, after considering the attached draft clause, recommended amendments and guidance
material, authorise the General Manager to provide formal confirmation to the Department of
Planning Industry and Environment that Kempsey Shire Council wishes to incorporate Clause 5.22
Special Flood Considerations into the Kempsey Local Environmental Plan (KLEP) 2013 inclusive of the
following ‘sensitive and hazardous development’ purposes:
a. boarding houses,
b. caravan parks,
c. correctional centres,
d. emergency services facilities,
e. group homes,
f. hospitals,
g. hostels,
h. residential care facilities,
i. seniors housing,
j. tourist and visitor accommodation.
Ordinary Council Meeting - 20 July 2021 Page 23In addition, DPIE advised Council that all areas where flood-related development controls apply
should be mapped and maps made publicly available. This could entail being published in a DCP or
on Council’s website. Council staff developed interactive flood mapping with the intention that this
will be publicly available on Council’s website. This flood mapping will be continually updated when
new flood data becomes available.
Whilst the Planning Proposal was no longer required, the amendments to KDCP 2013 Chapter B7:
Floodplain Management and the Flood Mapping still required public exhibition and to be reported
back to Council for adoption.
KDCP 2013 Chapter B7: Flood Hazard Area Management
This chapter of KDCP 2013 has been amended to reflect updated flood modelling and development
control measures recommended in the Kempsey CBD Flood Risk Management Study (FRMS) and
Flood Risk Management Plan (FRMP). The amendments made mainly relate to the Kempsey CBD
flood study area, as depicted in Figure 1, however as more flood studies are undertaken across the
Shire, further amendments may be required.
Figure 1 - Kempsey CBD Study Area
Flood Mapping
In line with legislative requirements, all areas where flood-related development controls apply
should be mapped and maps made publicly available. The flood mapping can be published within
Ordinary Council Meeting - 20 July 2021 Page 24Development Control Plans, Local Environmental Plans, other relevant environmental planning
instruments or on Council’s website.
To comply with this requirement, Council developed interactive flood mapping (Figure 2) which is to
be publicly available on Council’s website at:
https://kempsey.maps.arcgis.com/apps/webappviewer/index.html?id=1e06f4bc67744a36961b6886
b010d296.
This mapping enables the public to search for a property, either by address or by searching the map,
and determine if the land is within the Flood Planning Area, affected by Probable Maximum Flood or
identified as Flood Prone land. The data producing this mapping is informed by the flood studies
undertaken by or on behalf of Council, and as more flood studies are undertaken the flood mapping
will be updated. This will ensure that the community are kept informed with up to date flood data.
With regard to the Kempsey CBD Study Area, the Kempsey CBD Flood Risk Management Study and
Plan recommended that Council update its Flood Planning Area based on the current modelling. It
also recommended that Council make this information available on its website. Council therefore
provides Flood Planning Area and Probable Maximum Flood mapping on its website. The interactive
mapping replicates the attached KLEP2013 flood mapping proposed as part of the Planning Proposal.
Figure 2 - Interactive Flood Mapping
Objectives
KDCP 2013 Chapter B7: Flood Hazard Area Management aims to ensure future development is
controlled in a manner consistent with the flood hazard and risk at this time and as a result of
climate change, whilst also reducing the flood hazard and risk to people and property in the
community.
KEY CONSIDERATIONS
Policy and Legislation
To ensure compliance with existing and proposed state legislative planning requirements with
regard to flooding, development control measures to ensure the safe occupation of and efficient
Ordinary Council Meeting - 20 July 2021 Page 25evacuation of people in the event of a flood event must be in place. KDCP 2013 Chapter B7: Flood
Hazard Area Management provides these measures, which supports the provisions within KLEP2013.
Strategic Alignment
The proposed changes are aligned with current strategies and plans. The adoption of the latest
flood modelling, and associated development controls, in this report have been driven by key
actions identified in the:
Plan / Strategy Action
Operational Plan 2020-2021 HS04.1.10 - Revise Flood Planning Levels, Flood
Planning Area and Floodway definitions for the
Kempsey CBD and update Council policies and
plans accordingly (High priority action, Kempsey
CBD Floodplain Risk Management Plan).
Delivery Program 2017-2021 Plan for sustainable development
Review planning controls relating to use of
flood affected areas.
Macleay Valley 2036 - Community SAS-01 - Build community resilience for, during and
Strategic Plan after emergencies.
SAS-02 – Implement systems to minimise and
mitigate the impact of disasters.
Local Strategic Planning Statement H3.3 - Review and update Council’s planning
2020 instruments and policies to reflect the
recommendations of the Kempsey CBD Flood Risk
Management Plan.
Local Growth Management Strategy: Safety from hazards requires future residential
Residential Component (2010) areas to consider Floodplain Management
Plans and avoid areas of significant flood
impacts.
Constraint mapping of each locality includes
known flood constraints.
Kempsey CBD Flood Risk Section 1.1.6 - Flood Planning Levels and Flood
Management Plan 2017 Planning Area
Section 1.1.7 - Revise LEP and DCPs
Section 1.18 - S10.7 (formerly S149) certificates
Section 1.3.1 - Flood Proofing
Section 1.4.3 - Clearance of Floodways
Ordinary Council Meeting - 20 July 2021 Page 26Impact on Financial Sustainability
The development controls for the Kempsey CBD study area will provide improved resilience to flood
events. Over time this will assist in reducing the impact placed on Kempsey Shire Council and
Emergency Services during and after flood events.
Stakeholder Engagement
Public exhibition
Due to legislative amendments resulting in the withdrawal of the Planning Proposal, Council was
only required to publicly exhibit KDCP 2013 Draft Chapter B7: Flood Hazard Area Management.
Draft Chapter B7: Flood Hazard Area Management and flood mapping was placed on public
exhibition from Tuesday 1st June 2021 to 29th June 2021 on Council’s website. Three public
submissions comprising of 1 community submission and 2 state agency submissions, were received
during the exhibition period and are outlined below. Minor amendments to Chapter B7: Flood
Hazard Area Management were made in response to submissions made during the public exhibition
period.
Public submission
Submission Comment/Response
The Flood Planning Level (FPL) sets the The amendments to the development controls
minimum habitable flood level for residential within Chapter B7 derive from
buildings in the Shire. FPL is the combination of recommendations made in the Kempsey CBD
the 1% AEP flood level (based on AHD) plus Flood Risk Management Study and Plan, which
0.5m freeboard. are companion documents to the Kempsey
Floodplain Risk Management Study.
Sea level is rising and that rise is accelerating
due to reasons associated with climate change. The updated hydraulic modelling within the
This means that the AHD baseline is already Kempsey CBD Flood Risk Management Study
redundant. provides updated flood levels within the study
It appears Council has not given any area, and the impact of a changing climate on
consideration to floods coupled with increasing flood behaviour is also considered.
sea inundation so we can expect more disasters Furthermore, the study and plan take into
to happen on a much greater scale. consideration climate change projections for
sea level rise. As a result, Council has revised
the Flood Planning Levels as per the outcomes
of the study.
State Agency Submissions
State Emergency Services (SES)
SES has considered the information submitted and has raised no formal objection to the
amendments. However, SES has identified the following concerns/issues in relation to the
development control measures amended or implemented. These matters are addressed below.
Submission Comment/Response
Zoning should not enable development that will Council’s LEP mapping is reviewed periodically
result in an intolerable increase in risk to life, as required by the Environmental Planning and
Ordinary Council Meeting - 20 July 2021 Page 27health or property of people living on the Assessment Act 1979. While no zoning
floodplain amendments have been made in the
preparation of this DCP amendment, the
provisions of the LEP amendment and new DCP
chapter/mapping apply to ensure future
development is appropriate for the
environmental risk identified.
Risk assessment should consider the full range PMF development controls have been included
of flooding, including events up to the Probable to minimise risk.
Maximum Flood (PMF) and not focus only on
the 1% AEP flood
Risk assessment should have regard to flood Agreed. This would be a matter for
warning and evacuation demand on existing consideration as part of the merit assessment
and future access/egress routes. Consideration on individual development applications.
should also be given to the impacts of localised
flooding on evacuation routes
In the context of future development, self Agreed. This would be a matter for
evacuation of the community should be consideration as part of the merit assessment
achievable in a manner which is consistent with on individual development applications.
the NSW SES’s principles for evacuation
Future development must not conflict with the Agreed. This would be a matter for
NSW SES’s flood response evacuation strategy consideration as part of the merit assessment
for the existing community on individual development applications.
Evacuation must not require people to drive or Agreed. This would be a matter for
walk through flood water consideration as part of the merit assessment
on individual development applications.
Development strategies relying on deliberate Evacuation is identified as the preferred risk
isolation or sheltering in buildings surrounded management approach for development below
by flood water are not equivalent, in risk PMF level.
management terms, to evacuation
Development strategies relying on an The development controls developed do not
assumption that mass rescue may be possible imply mass rescue will occur.
where evacuation either fails or is not
The PMF refuge notation has been amended to
implemented are not acceptable to the NSW
require external access to refuge be provided
SES
and must remain unobstructed for emergency
access during flooding (i.e., clear of trees,
services)
The NSW SES is opposed to the imposition of A Flood Response Plan is recommended to be
development consent conditions requiring submitted with a development application to
private flood evacuation plans rather than the enable Council to consider and assess flood risk
application of sound land use planning and management.
flood risk management
Council does not intend to impose consent
Ordinary Council Meeting - 20 July 2021 Page 28conditions for a private flood evacuation plan.
Any private flood plan should be developed and
implemented by owners and occupants in
accordance with SES requirements.
NSW SES is opposed to development strategies New developments must demonstrate that the
that transfer residual risk, in terms of development will not place additional strain on
emergency response activities, to NSW SES emergency services.
and/or increase capability requirements of the
NSW SES
The NSW SES is opposed to the use of ‘shelter Council may consider ‘shelter in place’ if no
in place’ as a basis for development consent other option is available, however avoidance or
evacuation is preferred. Reference to shelter in
place has been removed.
Local Emergency Operations Controller (LEOCON NSW Police)
The LEOCON has considered the information submitted and subsequently raised no concerns or
issues in relation to the development control measures amended or implemented.
Other Matters
Flood information is being updated on the 10.7(2) Planning Certificates from 14th July 2021, as per
legislative requirements.
CONCLUSION
The proposed changes are consistent with the recommendations outlined in the Kempsey CBD FRMS
and FRMP, and the actions in Council’s current strategies and plans. Updated flood information and
development controls will assist in minimising risk and impacts as a result of flood events as well as
enable the community to be more resilient.
Ordinary Council Meeting - 20 July 2021 Page 299.4 PLANNING PROPOSAL - NEVILLE MORTON DRIVE, CRESCENT HEAD
Officer Peter Orr, Senior Strategic Planning Officer
File No KLEP2015-AM-25
Attachments 1. Original Planning Proposal June 2018 [9.4.1 - 35 pages]
2. Amended Planning Proposal January 2021 [9.4.2 - 36 pages]
3. Public Submission [9.4.3 - 10 pages]
4. Initial State Agency Submission - OEH [9.4.4 - 8 pages]
5. Initial State Agency Submission - NSW RFS [9.4.5 - 2 pages]
6. DPIE Agreement to Altered Planning Proposal [9.4.6 - 1 page]
7. State Agency Response to Amended Proposal - NSW RFS [9.4.7 - 1 page]
8. State Agency Response to Amended Proposal - BCD [9.4.8 - 6 pages]
9. DPIE - Agreement to Proceed with Altered Planning Proposal [9.4.9 - 1 page]
PURPOSE
Consider the following planning proposal for progression to the next stage of the local plan making
process.
Proposal: To amend the Land Zoning Map and the Lot Size Map to enable a future three lot
subdivision
Location: Neville Morton Drive, Crescent Head (a portion of Lot 11 DP1269181)
Proponent: Kempsey Shire Council
Status: Community and agency consultation undertaken
Council is to consider the matters raised in the community and agency submissions and decide
whether to exercise delegation to make the proposed amendment to KLEP 2013.
RECOMMENDATION
1. That the planning proposal which applies to a portion of Lot 11 DP1269181 Crescent Head,
be progressed to make the amendment to the local environmental plan, described as KLEP
2013 (Amendment 25).
2. That Council staff request the Parliamentary Counsel’s Office to draft the legal instrument,
KLEP 2013 (Amendment 25), under s 3.36(1) of the Environmental Planning and
Assessment Act 1979 to give effect to the final planning proposal.
3. That the General Manager exercise delegation from the Minister for Planning to make the
amending instrument, KLEP 2013 (Amendment 25).
4. That upon the making of KLEP 2013 (Amendment 25), the Department of Planning,
Industry & Environment be requested to notify the plan on the NSW Legislation webpage.
ISSUES
A delegate for the Minister for Planning has issued authorisation for Council to exercise delegation
to make the amending LEP. This means that Council undertakes the role of:
instructing Parliamentary Counsel’s Office to draft the legal instrument which will give effect
to the planning proposal;
making the amending local environmental plan; and
Ordinary Council Meeting - 20 July 2021 Page 30 requesting the amending local environmental plan be notified on the NSW Legislation
website.
The plan comes into effect the day that it is published on the legislation website.
BACKGROUND
The subject land is legally defined as a portion of Lot 11 DP1269181 Neville Morton Drive, which is
located 3.7km west of Crescent Head (refer Figure 1 below).
Figure 1: The subject lot is delineated in red. The portion of the site subject of this planning
proposal is within the area circled with a dashed yellow line.
The land adjacent Neville Morton Drive comprises rural residential subdivision (and is zoned R5
Large Lot Residential). The planning proposal will extend the R5 Large Lot Residential zone eastward
onto a portion of land that is currently zoned E2 Environmental Conservation, to enable a 1 into 3
rural residential subdivision (as identified in Figure 2 below).
Ordinary Council Meeting - 20 July 2021 Page 31Figure 2: Extent of the planning proposal (addition of R5 Large Lot Residential zone) to enable a
future rural residential subdivision (creating lots 11, 12 and 13). The purple area is the 100m wide
Coastal Wetland buffer.
At the 26 June 2018 Ordinary Meeting, Council resolved:
1. That the planning proposal, which seeks to rezone approximately 12 hectares of land from
RU2 – Rural Landscape and E2 - Environmental Conservation to R5 - Large Lot Residential at
Lot 3 DP 1164661 Neville Morton Drive, Crescent Head, be submitted to the Minister for
Planning for Gateway consideration pursuant to section 3.34 of the Environmental Planning
and Assessment Act 1979.
2. That the Secretary of the Department of Planning and Environment be requested to issue
Council with written authorisation to exercise plan making delegations in relation to this
proposal.
3. Subject to the Gateway determination, community consultation for the planning proposal be
undertaken.
On 24 July 2018 a delegate for the Minister for Planning issued a Gateway determination to proceed
with the planning proposal along with written authorisation to exercise the delegation of the
Minister’s functions under S3.36(2) of the Environmental Planning and Assessment Act 1979.
KEY CONSIDERATIONS
Stakeholder Engagement
Community Engagement
In accordance with the Council resolution and the Gateway determination, the planning proposal
was placed on public exhibition from Tuesday 31 July 2018 to Tuesday 28 August 2018. Letters were
also sent to all adjoining landowners advising of the public exhibition. One submission was received
(copy attached) through the public exhibition, which is expanded on below:
SUBMISSION COUNCIL OFFICER RESPONSE
Ordinary Council Meeting - 20 July 2021 Page 321 The rezoning proposed will sever access These concerns were raised regarding
from adjoining properties to the north of planning proposal KLEP2013 Amendment 8,
Neville Morton Drive thus obstructing which was exhibited 18 November 2016.
access by emergency & firefighting vehicles Amendment 8 allowed for the 10-lot rural
and weed management activities. residential subdivision to the immediate west
of the subject site (refer Figure 2). As advised
previously, the landowners to the north do
not have legal access to Neville Morton Drive
(their legal access is via Berry’s Lane) and
there is no requirement for this to be
provided. The NSW RFS has been provided
with the proposal and it has raised no
objections in this regard (refer NSW RFS
agency submission below).
2 Ecological impacts facilitated on adjoining In response to the concerns raised by the
coastal wetland by enabling this future rural State Agency - Office of the Environment &
residential development Heritage (refer responses below), the planning
proposal has been revised and the planning
proposal no longer extends into the adjoining
coastal wetland. As identified in the figure
below, portions of the subject site are within
the 100m wide coastal wetland buffer (area
coloured purple). Notwithstanding, the site is
entirely outside the area demarcated as the
coastal wetland.
In accordance with clause 11 of the SEPP
(Coastal Management) 2018, development
can only be granted within the buffer if it does
not significantly impact the adjacent coastal
wetland. To ensure that residential
development at these sites does not impact
on the adjacent wetland, onsite sewage
treatment is restricted by legislation to the
areas outside the coastal wetland buffer,
which is provided for in the mapped areas of
red cross hatching below.
Ordinary Council Meeting - 20 July 2021 Page 333 That the proposal makes incursions into a As identified earlier, the site no longer
degraded wetland protected by SEPP extends to within an identified coastal
(Coastal Management) 2018. wetland, rather it is partially located within
the 100m wide buffer area. The proposal
complies with all relevant legislation
requirements.
4 The Eastern portion of the proposed The revised site area is identified as being
development is prone to flooding, acid subject 1:100 flooding along a small portion of
sulphate soils and inundation. Therefore, land on the eastern boundary. There is
the proposal is inconsistent with Ministerial sufficient area of flood free land to provide for
Directions dwellings and onsite sewage treatment at
each proposed allotment. The planning
proposal includes an assessment against all
the relevant Section 9.1 Directions and
Council is satisfied that the proposal is
consistent with these directions.
5 The rezoning of E2 environmental land by a This site is identified in Council’s rural
public authority for private gain in an area residential land use strategy as a potentially
of high environmental sensitivity is poorly suitable location for rural residential rezoning
justified. (subject to investigation). The site is
substantially cleared and has been historically
utilised as pastural land. Additionally, State
government has reviewed its coastal wetland
mapping with the repealing of SEPP 14 and
the adoption of the SEPP (Coastal
Management) 2018. In this instance the E2
Environment Conservation zone no longer
aligns with the currently mapped (and
physically observable) location of the
adjoining coastal wetland (which now lies to
the east of the site).
Ordinary Council Meeting - 20 July 2021 Page 34State Engagement As required by condition number 2 of the Gateway determination, consultation was undertaken with the NSW Rural Fire Service and the Office of Environment and Heritage (now the Biodiversity and Conservation Division). A summary of the State agency responses (attached) is provided below. NSW Rural Fire Service (RFS) NSW RFS has provided commentary regarding the requirements for any future development application for subdivision at the site. NSW RFS has raised no concerns or issues in relation to bush fire. Response: Noted. Office of Environment & Heritage (OEH)/ now Biodiversity Conservation Division (BCD) OEH has not formally objected to the proposal, however it does have concerns about the rezoning of E2 zoned land to R5 in the eastern portion of the site. OEH believes the site should retain its E2 zoning over at least all the area subject to the mapped buffers identified under State Environmental Planning Policy (Coastal Management) 2018. Response: The extent of the planning proposal area exhibited is shown in Figure 3 (below). In response to the OEH submission the proponent agreed to reduce the area of R5 Large Lot Residential rezoning proposed (refer Figure 4 below). Figure 3: Area (in red) originally proposed to be rezoned from E2 Environment Conservation to R5 Large Lot Residential (with indicative lot arrangement) Council prepared a revised planning proposal in January 2021 which included the reduced area of rural residential rezoning as shown in Figure 4 (below), after discussions between the DPIE, OEH, Council and the proponent. The area to be rezoned is now completely outside of the adjacent coastal wetland (extending only into the buffer area which is permissible under the provisions of State Environmental Planning Policy (Coastal Management) 2018). DPIE had suggested that a minimum lot size of 8,000m2 (reduced from 10,000m2/1ha) was appropriate in this instance to enable the subdivision to proceed and protect the adjoining wetland. The revised planning proposal provides for a minimum lot size of 8,000m2. Ordinary Council Meeting - 20 July 2021 Page 35
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