In November 2023, Nambucca Valley Council first discussed preparing a planning proposal to amend the current Nambucca Local Environmental Plan 2010 (LEP) to make intensive horticulture permissible only with consent (i.e. require a DA) in the district’s rural zones.

Advertise with News of The Area today.
It’s worth it for your business.
Message us.
Phone us – (02) 4981 8882.
Email us – media@newsofthearea.com.au

A subsequent meeting saw Council voting in favour of this action and at last Thursday’s meeting it was announced that the planning proposal had been submitted and a gateway determination received from the Minister for Planning.

Council’s Manager of Environment and Development, Daniel Walsh, presented a report, largely in response to questions posed by a spokesperson from the Nambucca EnvironmentNetwork (NEN), a local group actively campaigning on the issue of intensive horticulture in the Valley.

An associate of the group addressed Council in June asking questions about the process of amending the LEP and seeking clarification on the legal opinion which Council had made public in May, regarding whether development approval was required for intensive horticulture operations.

According to Mr Walsh, the next step in the process to change the LEP is to place the planning proposal on public exhibition, consult with relevant state agencies and report submissions back to Council.

As amendments are also proposed for the Development Control Plan (DCP), a draft of these changes will be placed on public exhibition at the same time as the planning proposal.

This will occur later this year.

These amendments are expected to include controls relating to horticulture such as buffer zones, footprint ratios and the height of structures.

“The intent of this (public exhibition of amendments to the DCP and LEP at the same time) is to ensure the community is properly informed on what requirements are proposed to be placed on development applications for horticulture,” said Mr Walsh.

“It is anticipated that Council could be in a position to refer the planning proposal back to the Planning Minister for a final decision on the making of the LEP amendment by November 2024,” he said.

“The gateway determination requires the LEP amendment process to be completed by 10 January 2025,” he said.

Mr Walsh also explained that according to external legal advice sought by Council, made public in May this year, greenhouses are not considered to be ancillary structures for horticulture and require development consent.

“If any new greenhouses are erected without development consent, Council will commence compliance action against the relevant land owner,” he said.

By Ned COWIE