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

(Draft Amendment No. 29) - Amend RU5 zone objectives and minimum lot size that apply to land zoned RU5 Rural Village at Hat Head

Council has prepared a Planning Proposal to amend the Kempsey Local Environmental Plan (KLEP) 2013 (Amendment No.29).

The Planning Proposal applies to RU5 Rural Village zoned land in the village of Hat Head. The Planning Proposal seeks the following amendments to KLEP 2013:

  • Amend the zone objectives of the RU5 Rural Village zone to ensure development takes infrastructure capacity into consideration;
  • Amend the minimum lot size within Hat Head village as such that further subdivision does not create potential for new dwellings to overload the scheme;
  • Provide consistency between LEP and Development Control Plan (DCP) objectives as they relate to Hat Head village.

The purpose of the amendment is to maintain the Hat Head Village sewer capacity.

The Hat Head Vacuum Sewerage Scheme (the scheme) services the village of Hat Head.  The scheme is located adjacent to sensitive ecosystems.

A capacity analysis undertaken by FLOVAC in 2018 reported the scheme is at full capacity in the areas surrounding the caravan park and has overall limited capacity to accommodate further connections, with no current options available to expand the service.

On 16 April 2019, Kempsey Shire Council considered FLOVACs report on the capacity of the scheme and the inherent public health, environmental, financial and social risks from potential overloading of the scheme and resolved to make changes to the Kempsey Local Environmental Plan (KLEP) with supporting changes to the Development Control Plan (DCP) to provide land use controls to manage the demand placed on the scheme by new development.

The Planning Proposal will be on exhibition from Tuesday 5 May, 2020 until Tuesday 9 June, 2020.

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

Due to current COVID-19 restrictions, hard copies of the Planning Proposal are not available for viewing in the Customer Services Centre of Kempsey Shire Council.  Please contact Council if you require a hard copy of the documentation.

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 Tuesday 9 June 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 9 June 2019