The Steps Required to unlock a Development Solution at North Arm Cove
Planning for Paper Sub-Divisions – The Process
Notes – refer to Schedule 7 to the Environmental Planning and Assessment Act 1979 and Part 16C of the Environmental Planning and Assessment Regulation 2000. Environmental Planning and Assessment Act 1979 No 203 - NSW Legislation
Steps:
1. Land must be demonstrated to have development potential by an environmental planning instrument (zoning) OR planning proposal which facilitates development.
2. A Subdivision Authority gets appointed. This can be at the request of the Minister or by Council making its own recommendation. Its likely to be either:
If Council will not rezone, any entity (a business or organisation) can make representations to LandCom or the Minister to encourage development at North Arm Cove. This would be on the basis of disproving Council’s assertions that we cannot develop.
OR
Council commits to preparing a Development Plan. This may be at land owners' expense, as Council have maintained their land holdings are for 'conservation and perpetuity'.
3. Once a Subdivision Authority is appointed, the Subdivision Authority would prepare the Development Plan - which would include finding solutions to the provision of essential services (water, power, sewerage) and infrstructure (roads, public spaces).
4. The Development Plan is then distributed to all paper-subdivision landowners, who need to show at least 60% support for the proposal.
Contribution written by Sonja Shand and Sheree McKenzie
Planning & Development Sub-committee
NACRPA
15th February 2022, updated 15th May 2024
Notes – refer to Schedule 7 to the Environmental Planning and Assessment Act 1979 and Part 16C of the Environmental Planning and Assessment Regulation 2000. Environmental Planning and Assessment Act 1979 No 203 - NSW Legislation
Steps:
1. Land must be demonstrated to have development potential by an environmental planning instrument (zoning) OR planning proposal which facilitates development.
2. A Subdivision Authority gets appointed. This can be at the request of the Minister or by Council making its own recommendation. Its likely to be either:
- Council
- LandCom
- Hunter Development Corporation
If Council will not rezone, any entity (a business or organisation) can make representations to LandCom or the Minister to encourage development at North Arm Cove. This would be on the basis of disproving Council’s assertions that we cannot develop.
OR
Council commits to preparing a Development Plan. This may be at land owners' expense, as Council have maintained their land holdings are for 'conservation and perpetuity'.
3. Once a Subdivision Authority is appointed, the Subdivision Authority would prepare the Development Plan - which would include finding solutions to the provision of essential services (water, power, sewerage) and infrstructure (roads, public spaces).
4. The Development Plan is then distributed to all paper-subdivision landowners, who need to show at least 60% support for the proposal.
Contribution written by Sonja Shand and Sheree McKenzie
Planning & Development Sub-committee
NACRPA
15th February 2022, updated 15th May 2024
The Mid Coast Council Local Environment Plan - Explained
Three Councils were amalgamated to create MidCoast Council (MCC). They were given a deadline to align their legal documents.
A Council's Local Environmental Plan (LEP) is the key legal document for Planning in their local government area. MCC is currently undertaking a review to update their LEP.
In order to create a new LEP, MCC need to go through a process of Strategic Planning, where Council demontrates the alignment of their planning principles, in conjunction with Regional and State Plans and Policies. The LEP then informs the following strategies:
- urban planning strategies
- rural planning strategies
- housing planning strategies
- infrastructure planning strategies
As an Association and active members of the North Arm Cove community, NACRPA members have provided comments/submissions to Zone In strategy and Local Strategic Planning Statement (LSPS). We have also provided input to the Draft Rural Strategy, and asked to be included in the Community Plan. To date our contributions have been ignored. We were excluded from making contributions in the Community Plan.
The Rural Strategy is the final document that is exhibited for public comment before the LEP is created.
Until May 2024, the proposal by MCC was to change our land from RU2 Non-Urban to Environmental Management zoning - which would reduce the value of our land. The State Government has since instructed MCC not to rezone North Arm Cove to 'Environmental Management' but to 'Environmental Living'. This is good news, as it opens the door for residential development for the first time in our history. We would encourage all landowners to contact Council and provide feedback on the Draft Local Environment Plan LEP here. Make a Submission by 11.59pm Sunday 14 July.
You can read more about the C4 Environmental Living zoning for Paper Subdivisions like North Arm Cove here
North Arm Cove ratepayers make up 5% of all ratepayers of MCC - we should not be ignored. Not without legal and political consequences.
We also have opportunity to vote in local elections.
A legal association like NACRPA provides an opportunity to lobby stakeholders including Council and Private Developers, to prepare plans for the future of our area and community. We are also the legal representation of landowners when approaching State government and relevant Ministers to communicate what is in our best interests.
We will also be taken more seriously by media - who will be spreading the news of our problems and proposals - which is already taking place. You can watch a recent News segment on NBN News below.
Contribution written by Dejan Simovic, updated by Sheree McKenzie
15 May 2024