A message from the Mayor: The complexity of the NSW planning system
Published on 21 February 2022
Recently many people have asked me about Council planning and development decisions, especially in South West Rocks.
Land use planning is complex and not solely a Council matter. It is not a topic that is easily explained but I will try to, with the assistance of Council staff who have helped me with this.
Planning decisions have a major impact on the structure of our communities, affordability of housing and our natural environment. It is a pivotal area for all levels of Government and the NSW government has undertaken many reforms in this area. There are more reforms needed in my opinion.
It is important to know that residential development is ultimately overseen by the NSW State Government.
The Environmental Planning and Assessment Act 1979 is the primary land use planning statute. covering planning administration, planning instruments, development assessments, building certification, infrastructure finance, appeals and enforcement.
Many other instruments apply. There are state level regional plans, including the ‘North Coast Regional Plan 2036’, the principle planning framework for the Region and a key determinant of strategic planning policy for our Shire. This is the document that identifies South West Rocks as a key urban development area.
The Kempsey Local Environmental Plan, based on the NSW Government template with localised content drafted by Council, is also a piece of state legislation. It empowers Council to regulate the use of public and private land and how it can be protected through zoning and development controls, however many of these decisions are subject to appeal to the NSW Land & Environment Court.
Council’s strategic role is twofold. Firstly to advocate at regional level and above for our community’s interests. Secondly to set direction and implement this at shire level within the state-led framework.
Council does so through strategic documents. The overarching Local Strategic Planning Statement adopted in 2020 creates a 20 year vision for land use while identifying the shire’s cultural and natural environmental characteristics. We are currently working on our Local Growth Management Strategy is a framework for future residential and employment lands. We have also brought forward the creation of a structure plan for South West Rocks given its significance in the regional plan and the rate of current development activity.
If you would like to have your say on these issues, I strongly recommend that you look into the draft South West Rocks Structure Plan at ksc.pub/swrstructure and Local Housing Strategy ksc.pub/localhousing