Councillor and MP clash over Nambucca Valley horticulture ruling

Nambucca Valley Councillor Ljubov Simson at a Kesby’s Road property in Eungai Creek where neighbours have been disputing over intensive horticulture.

THE fallout continues from the NSW Department of Planning, Housing and Infrastructure’s refusal of a Nambucca Valley Council proposal to change rules for intensive horticulture.

As reported in NOTA last week, Council’s application to amend the Nambucca Local Environmental Plan 2010 (LEP) to require development applications (DA) for intensive horticulture activities, such as blueberry farming, was knocked back by the State Government.

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The amendments would have required buffer zones between new intensive horticulture developments and neighbouring properties or water courses.

One local councillor has since suggested that some blame for the Department’s decision should be levelled at the region’s State MP, Michael Kemp.

Dr Ljubov Simson, who was elected to Council in 2024, has questioned why the Member for Oxley provided a cover letter in support of the Nambucca River Branch of the NSW Farmers Association, in their submission to the Department against changes to the LEP.

She suggested the move was the result of Mr Kemp’s National Party affiliations, and believes it was possibly a deciding factor in the State Government’s decision to block the amendments.

“When we want to change State Government legislation, we need the support of our sitting state government member,” she told NOTA.

Cr Simson, herself a member of the Nambucca River Branch of the NSW Farmers Association, said less than ten of the branch’s approximately 40 members had an opportunity to vote on the decision to make a submission against the LEP amendment proposal.

An attendee of last year’s meeting confirmed that eight members had unanimously voted on the decision.

Cr Simson believes the Branch’s submission was strengthened by the letter from Mr Kemp.

The NSW Farmers Association was one of two industry bodies, the other being Berries Australia, who made submissions against the Council’s proposal.

Mr Kemp said he had never discussed his decision to support the NSW Farmers Association letter with “any single member of the party”, and that while the LEP amendment was first and foremost a local government matter, he believed some good points had been raised in the submission.

He said Cr Simson’s comments were unsubstantiated and possibly an attempt to influence the upcoming Federal election by bringing party politics to a local government matter.

Cr Simson made the comments on-site at a property where blueberry operations have affected a non-farming community member and Mr Kemp has personally intervened with solutions to the resulting land-use conflict.

Mr Kemp confirmed he visited the Eungai Creek property twice last year, offering mediation between the disputing neighbours.

“I think most people don’t care about politics (party affiliations) but they want someone who is prepared to listen. “That is what I try to do and visiting this constituent twice, as well as mediating towards a solution, is an example of this,” he told NOTA.

At the time, all parties agreed that a temporary barrier of shade cloth be erected while a planted barrier took shape to shield the non-farming resident from the impacts of intensive blueberry plantings just five metres from her boundary and around 30 metres from her back deck.

In the nine months since, a three-metre shade cloth barrier has been erected along the resident’s fence line, with no sign of the promised plant buffer.

Mr Kemp told NOTA he was surprised to hear that the blueberry grower had not followed through on one of his promises, and said he wished the affected resident had contacted him directly with this information.

Cr Simson cites this example as a reason why the LEP amendment would have been effective.

“Clearly Mr Kemp knew about situations like this one,” Cr Simson said.

“What does he (Michael Kemp) think we are going to do – personally intervene every time there is a dispute like this?

“We need rules to protect the rights of those with properties adjacent to intensive horticulture, and this was one of the aims of the amendment,” she said.

NOTA contacted the Nambucca River Branch of NSW Farmers Association, however they declined to comment.

By Ned COWIE

A black shade-cloth has been erected by blueberry growers but the promised “planted barrier” is yet to be installed nine months after parties agreed to the deal.

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