Any landholder or farmer knows how many layers of Legislation there are that form what we can and cannot do. These are constantly changing, on the whim of Governments, Departments and planning authorities - sometimes under the guise of 'cutting red/green tape' or to make people’s lives easier.
We know, however, that these constantly changing goal posts just make it harder to work out what we can do, where we can carry out our business - in some case they even go right down to the why.
To fully understand the benefits and implications of these Strategies and the proposed amendments to zoning, minimum lot sizes, land use tables, etc. you first need to read and understand the associated legislation, regulations, practice notes, State Environmental Planning Policies... the list goes on. This is required because the documents are inclusive of all of this information.
Included below are a list of the documents we've read (we are probably missing some, too) to try to understand the implications and where the information has come from. We don't expect that everyone wants to, or has the time to do this. We just want to make is clear that this not as simple as some would like it to appear. It also should not be up to landholders to have to dive down all of these rabbit holes to find the information they need to have a complete overview of what the zoning, lot size and optional clauses of the LEP really mean.
As a result of completing this reading and research we have been able to provide information to landholders and back to Council on what the implications are. We don't assume to know what the whole picture looks like right now, but we have been able to work out that it will become increasingly more difficult for landholders to expand on current activities, venture into new business avenues, and even build dwellings on their vacate lots.
If you do, for some reason, want to go through these, I have linked most of these documents in the below list. If you do not have the bandwidth to download these documents, please do not click on these links - some are rather large, and I don't want you to run out of data...
Acts:
Local Land Services Act 2013
Environmental Planning and Assessment Act 1979
Land and Environmental Court Act 1979
Rural Fires Act 1997
Crown Land Management Act 2016
Biodiversity Conservation Act 2016
Right to Farm Act 2019
Income Tax Assessment Act 1997 (Federal)
Inclosed Lands Protection Act 1901
Land Acquisition (Just Terms Compensation) Act 1991
Local Government Act 1993
Local Government Amendment Act 2019
Regulations:
Biodiversity Conservation (Savings and Transitional) Regulation 2017
Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017
Forestry (Designation of Regulatory Authority for Private Native Forestry) Order 2018
Valuation of Land Regulation 2018
Orders:
Standard Instrument (Local Environmental Plans) Order 2006
Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019
Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020
NSW Policies, Guidelines and Studies:
Right to Farm Policy
Right to Farm Agricultural Land Use Survey - Final Report - October 2018
Guide for mapping threatened species for inclusion in the NSW regulatory framework
Office of Environment and Heritage, Compliance Policy
Native Vegetation Code - Landholder guide - clearing of paddock trees in a cultivation area
Native Vegetation Code - Landholder guide - thinning of native vegetation
Native Vegetation Code - Landholder guide - clearing of invasive native species.
Biosecurity Strategy 2013-2021
South East Regional Strategic Pest Animal Plan 2018 - 2023
South East Regional Strategic Weed Management Plan 2017 - 2022
Options Paper: Agricultural Land Use Planning Strategy - December 2020
Planning for Bush Fire Protection 2019
Integrated Planning and Reporting Guidelines
Bills:
Local Land Service Amendment (Miscellaneous) Bill 2020
Bushfires Legislation Amendment Bill 2020
Environmental Planning and Assessment Amendment (Review of Land Decisions) Bill 2020
Dividing Fences Amendment Bill 2020
Local Land Services Amendment (Land Management and Forestry) Bill 2020
Planning Legislation Amendment Bill 2019
Restart NSW Fund Amendment (Rural and Regional Infrastructure Funding) Bill 2020
Right to Farm Bill 2019
Local Government Amendments (Rates) Bill 2021
Consultation Guide to Local Government Rating Reform
State Environmental Planning Policies:
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017
State Environmental Planning Policy (Koala Habitat Protection) 2019
State Environmental Planning Policy No 44 - Koala Habitat Protection (repealed)
State Environmental Planning Policy (Primary Production and Rural Development) 2019
State Environmental Planning Policy (Exempt and Complying Development) 2008
State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
State Environmental Planning Policy (Activation Precincts) 2020
State Environmental Planning Policy No 19—Bushland in Urban Areas
State Environmental Planning Policy No 33—Hazardous and Offensive Development
State Environmental Planning Policy No 36—Manufactured Home Estates
Practice Notes:
PN 07-001 - Standard Instrument for Local Environmental Plans - Frequently Asked Questions
PN 09-001 - Exempt and Complying Development
PN 09-002 - Environmental Protection Zones
PN 09-004 - Requesting that the Minister Facilitate the Preparation of a Local Environmental Plan
PN 09-005 - Local Environmental Plan Zone Objectives
PN 09-006- Providing Tourism in Standard Instrument Local Environmental Plan
PN 10-001 - Zoning for Infrastructure in Local Environmental Plans
PN 11-001 - Preparing Local Environmental Plans Using the Standard Instrument - Standard Clauses
PN 11-002 - Preparing Local Environmental Plans Using the Standard Instrument - Standard Zones
PN 11-003 - Preparing Local Environmental Plans Using the Standard Instrument - Definitions
Local Environmental Plans:
Cooma-Monaro Local Environmental Plan 2013
Bombala Local Environmental Plan 2012
Snowy Rivers Local Environmental Plan 2013
Standard Instrument—Principal Local Environmental Plan (template)
Palerang Local Environmental Plan 2014
Queanbeyan Local Environmental Plan 2012
Draft Queanbeyan-Palerang Local Environmental Plan and associated documents
Snowy Valleys Local Environmental Planning Documents
Tumbarumba Local Environmental Plan 2010
Tumut Local Environmental Plan 2012
Eurobodalla Local Environmental Plan (and all of the associated documents from the consultation process - 11 years)
Bega Valley Local Environmental Plan 2013
Council Reference Documents:
Snowy Monaro Regional Council 2021 Fees and Charges
15 October 2020 Business Papers and Minutes
Cooma-Monaro Shire LGA - Comprehensive Koala Plan of Management 2015 (Draft)
17 December 2020 Business Papers (and minutes when released)
Snowy Monaro Local Strategy Planning Statement
Snowy Monaro 2040 Community Strategic Plan
2021 Operational Plan
2020 Operational Plan
2019 Operational Plan
Snowy Monaro Planning and Development Community Participation Plan
Snowy Monaro 2019-20 Annual Report
Snowy Monaro Destination Management Plan
Snowy Monaro Regional Economic Development Strategy
NSW Government Reports:
Final Report of the NSW Bushfire Inquiry - 31 July 2020
Department of Planning, Industry and Environment Reference Documents:
South East and Tablelands Regional Plan 2017-2036
South East and Tablelands Consultation Report 2017
South East and Tablelands Implementation Plan 2017
Local Strategic Planning Statement - Guideline for Councils 2018
Northern Councils E Zone Review - Final Recommendation
Northern Councils E Zone Review - Frequently Asked Questions
Northern Councils E Zone Review - Submissions Report
Ministerial Direction - Section 9.1 Directions
Planning Proposals - A guide to preparing planning proposals - December 2018
Local Environmental Plans - A guide to preparing local environmental plans - December 2018
Environmental Planning And Assessment (Planning Agreements) Direction 2018
Biodiversity Legislation Review OEH Paper 4: Conservation in Land Use Planning
Local Strategic Planning Statements, Community Strategic Plans and the Integrated Planning and Reporting Framework Factsheet
Planning Circulars:
PS 18–012 Independent reviews of plan making decisions circular
PS 12–006 Delegations and independent reviews of plan-making decisions
PS 11–011 Amendment to the Standard Instrument (Local Environmental Plans) Order 2006
Council Studies:
Snowy Monaro Biodiversity Study - Molonglo Conservation Consulting, 15 December 2019
Snowy Monaro Employment Lands and Rural Lands Analysis - Elton Consulting, 30 April 2020
Snowy Monaro Regional Economic Development Strategy 2018-2022