Peter Bernard - 14 June 2016

Peter Bernard made comments regarding Planning Legislation in the Public Access Session at the Ordinary Council Meeting 14 June 2016.

Council's Reply

Thank you for taking the time and effort to contribute to the public access session prior to the Ordinary meeting of Council on Tuesday 14 June 2016, where you raised concerns with development being approved in areas that are subject to coastal hazard and flooding.

As you may be aware, Council has an Interim Coastal Hazards Adaption Plan and a number of flood plain management plans that either exist or are currently being prepared.

Council staff are diligent in their assessment of coastal and flooding hazards and if you have any specific examples of where you believe that Council has not considered these hazards, please let me know the property addresses so we can investigate.

There have been a number of development applications approved by Council in the last financial year where coastal hazards and flooding were considered.  These include:

  • DA 386/12 – Residential Accommodation (30 units) – 17-21 Wharf Road North Batemans Bay
  • DA 87/16 – Bridge Plaza redevelopment – North Street and Clyde Street Batemans Bay
  • DA 577/15 – Shop top Housing development (10 units plus kiosk) – 13A Orient Street Batemans Bay
  • DA 99/16 – Dwelling and Solid Fuel Heater – Nichelson Street, Narooma.

Your reference to NSW legislation Part 4 Principal Development Standards, appears to be a reference to a part of the Standard Instrument Local Environmental Plan (LEP).  Part of the standard instrument LEP deals with minimum lot sizes for subdivision and dwellings on certain zoned land.  The LEP makes reference to flood planning and development within the coastal zone but these are in other parts of the LEP.  If you could clarify what you are seeking information about, Council would be in a better position to answer your enquiry.

In regard to Coastal Management reforms, Council is well aware of these.  Staff have been to workshops on these matters, Councillors have been briefed on the proposed changes and submissions have been sent to the NSW Government raising matters that are supported or require further clarification.

Council applies the consideration of the NSW Government’s Flood Prone Land Policy when assessing and conditioning development. An excerpt from this Policy follows:

“The primary objective of the NSW Government’s Flood Prone Land Policy is to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone property, and to reduce private and public losses resulting from floods.

At the same time, the policy recognises the benefits flowing from the use, occupation and development of flood prone land.”