Planning Proposal - Kempsey Local Environmental Plan 2013
Documents on public exhibition

(Draft Amendment No. 1) - Amend a number of planning controls that apply to land in Crescent Head to enable a future residential subdivision

Council has received a Planning Proposal to amend the Kempsey Local Environmental Plan (KLEP) 2013 (Amendment No.1). The Planning Proposal was initially publicly exhibited over the period 22 January 2019 until 19 February 2019.

In response to the submissions received through the above public exhibition period, the Planning Proposal has been amended. A report was presented to the Ordinary Council Meeting of 15 September 2020 where Council determined that the amended Planning Proposal be reexhibited for a further 28 days.

The amended Planning Proposal applies to two land parcels, being Lot 704 DP749885, Point Plomer Road and a portion of Lot 707 DP1032859, Crescent Head Road, Crescent Head (Lot 703 DP749885 no longer forms part of the Planning Proposal). The amended Planning Proposal seeks the following amendments to KLEP 2013:

  • Rezone portions of the identified land parcels from R5 Large Lot Residential to R1 General Residential;
  • Expansion of the existing E3 Environmental Management zone (and the Scenic Protection overlay) to include a 50m buffer to the adjoining National Park along the southern boundary;
  • Minimum lot size for the area to be zoned R1 General Residential to be increased from 500m² to 650m²;
  • Except for the R1 General Residential zone – all other zones at the site to retain a minimum lot size of 40ha;
  • The indicative subdivision plan identifies a reduced yield from 166 to 95 residential lots;
  • The northern portion of the existing R5 Large Lot Residential zone, impacted by flooding, to be zoned RU2 Rural Landscape;
  • Revise the Height of Buildings map with the addition of a maximum building height of 8.5 metres for the area to be zoned R1 General Residential; and
  • Deletion of the current minimum lot provisions within Clause 4.2D and insert new provisions requiring a vegetation management plan (prepared to the satisfaction of Council and the Biodiversity and Conservation Division) to be in place over the E3 Environmental Management zone prior to development consent being granted for the proposed subdivision.

Further, an amendment to the Kempsey Development Control Plan 2013 will require the provision of a shared cycleway/pedestrian path, linking the development site to the existing pathway which terminates at Charles Parry Place.

The Planning Proposal will be on exhibition from Tuesday 22 September, 2020 until Tuesday 20 October, 2020.

The Planning Proposal is available for viewing and downloading on Council’s website at

Submissions to the Planning Proposal should be addressed to the General Manager and may be made electronically to or in hard copy to PO Box 3078 West Kempsey, 2440. All submissions should be received before 4:30pm on 20 October 2020.

Please note that any submission received by Council may be made publicly available.

A person who makes a written submission to a planning application is required to disclose all reportable political donations and gifts (if any) made by the person making the submission or any associate of that person within the period commencing two years before the submission is made and ending when the application is determined. A disclosure statement form and further details can be obtained from Council’s website

Closing date: 4:30pm Tuesday 20 October 2020