Last week Council received advice that the State Government had refused the amendment, which sought to minimise the off-site impacts – including water and air pollution – of intensive horticulture enterprises in the local government area.

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The amendment would have meant that buffer and riparian zones, as well as water course management plans, were requirements for new blueberry farms.

Council resolved in November 2024 to proceed with the amendment to the LEP.

Councillors Vance, Angel, McWilliam and Mayor Gary Lee voted against submitting the amendment at that time on the grounds that more time and consultation was required.

Almost twelve months since community unrest brought the issue to Council’s attention, a long process of applying for a gateway determination and gathering submissions culminated in an outright rejection of the amendments proposed by Council.

The State Government, in its refusal, argued Council did not include sufficient evidence to support and justify the changes to the LEP.

The refusal now negates the need for changes to be made to another Council document, the Development Control Plan (DCP).

Council has been advised to consult with stakeholders and consider the submissions received, including economic outcomes for the industry, before beginning the process of lodgement again.

“A meeting will be arranged with the Department of Planning and Department of Primary Industries to discuss reasons for refusal, with a view to resubmit the planning proposal,” Council has stated in a report.

Councillor David Jones, who has been a strong advocate for increased regulation of blueberry farming, expressed his frustration with the rejection.

“I’m disappointed with the Department (Planning, Housing and Infrastructure) because we followed their best practice [guidelines] and now they seem to not be happy with their own best practices,” he told News Of The Area this week.

“I have had farmers phone me in tears about this, because of what they have had to go through because of the practices of intensive horticulture next door.”

Cr Jones said he hoped Council would take the issue further and personally vowed to keep fighting for changes.

In the meantime, he fears the rejection will facilitate more farms and intensive horticulture enterprises being established.

Nambucca Valley Mayor Gary Lee said the State Government decision was “frustrating given the level of impact known to occur from inappropriately established horticulture farms”.

“Council’s proposal was just to ensure measures set by the State Government for horticulture farms were implemented as part of the farm establishment.

“The lack of support from the NSW Department of Planning means some intensive horticulture practices remain uncontrolled and pollution incidents will continue to occur.”

In a statement to NOTA, Oxley MP Michael Kemp said he believed Council had consulted widely before submitting its planning proposal, but acknowledged the wide range of views on the issue.

“Now we need to go forward, ensuring compliance with environmental and development guidelines are followed,” he said.

“We need to get out of the way of food production and put more funding into regulatory bodies like the EPA.”

Council indicated on Wednesday that the amendment will be re-submitted.

By Ned COWIE