Cessnock Draft LEP 2008 - E3 (Environmental Management) Zoning and Heritage Conservation Area

Date: 08-Apr-08
Author: Ray Annis-Brown
Organisation: Progress
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These comments are not meant to be taken as professional advice. Rather they are observations by a person of, I hope, average intelligence, with over 50 years experience in the business of Real Estate.

They relate to the new zoning proposed for the Wollombi Valley proper and its side arms from Mount Simpson in the south, to Paynes Crossing in the north-west, and past Cedar Creek turn-off in the north-east. Apart from the Burralong Valley development and the tiny Wollombi Village Area, all private lands in this district are currently zoned Rural ‘A' 1(a) under Cessnock LEP 1989. Under Draft LEP 2008 a new Zone ‘E3 Environmental Management' will apply, and in addition, a large area covering the main valley virtually from ridge to ridge will be included in a ‘Heritage Conservation Area'.

A serious and naturally unpopular change proposed in the Draft is the removal of an existing dwelling entitlement from land comprising ‘the whole of an existing holding' less than 40ha in area. Council is aware of the issues associated with this drastic change, and has included a general savings clause to provide for all Development Applications lodged, but not determined before the gazettal of the Draft Plan, to be determined as if the LEP 2008 had been exhibited, but not gazetted. Whilst this is a step in the right direction, it may well lead to some dodgy outcomes for some applicants, as we have seen in the past that Planners, whilst acknowledging that the provisions of a Draft Plan on public exhibition but not gazetted may not be fatal to approval of a development application, still feel obliged to refer to those provisions in making their assessment of the application. There would be much more protection for applicants if the application was to be determined having regard to Cessnock LEP 1989 only, with no reference to the exhibited LEP 2008. However, even the general savings clause in LEP 2008 is not much comfort to a property owner unaware of the imminent exhibition of Draft LEP 2008 or, if aware, is not in a position to lodge his/her D.A. during this limited window of opportunity, for any number of reasons, including financial constraints.
Development Approvals which have already been granted at the time of gazettal of LEP 2008 will not be affected.

Draft LEP 2008 with its associated maps is lengthy, comprising about 160 pages. A typical response from people in the community is ‘it's too long and complicated to understand'.

The following comments refer to only a few of the matters that interest me, as an owner of land to be included in the E3 Environmental Management zone. It is not practical to quote everything word for word from the Draft, so I will summarise the effect of some of the relevant provisions relating to the uses to which land in this zone can be put.

The only use permitted without consent is home occupations, defined in the Dictionary Section as occupation by one or more permanent residents. (Does this exclude week-enders?)

Uses permitted with consent are bed and breakfast accommodation; boat sheds; commercial vineyards; dual occupancies; dwelling houses; extensive agriculture; forestry; group homes; horticulture; jetties; recreation areas; roads; telecommunications facilities; utility installations; viticulture; water recreation structures. The Dictionary defines ‘bed and breakfast accommodation' to mean accommodation provided in a dwelling by permanent residents of the dwelling, for a maximum of four guests, or if in the one family, six guests, and with other restrictions re meals, cooking facilities and sleeping arrangements.

Uses prohibited are agriculture (other than commercial vineyards, extensive agriculture, horticulture or viticulture); tourist and visitor accommodation (other than bed and breakfast accommodation); any other development not otherwise specified.

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Comments (12)

Posted: 08-Apr-08 18:16 by Gerri Hartigan Permalink

I am bemused by the legal-ese, but much more so that there is some clause that denies Wollombi from having its own community/medical centre. Can someone explain that in simple terms? I already have some interest from media.

Gerri Hartigan.

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Posted: 08-Apr-08 19:15 by Peter Firminger Permalink

Let's list some of the Agricultural activities that would be prohibited throughout the zone in the current draft:

A family vegetable garden or even a local market garden
A bed of lavender or other flower garden
A herb garden
A family orchard or even a fruit or olive tree
A family vineyard
Hobby farming including chooks, geese, cattle, pet horses, aplacas and goats...

Can a doctor make a house call?
Can an ambulance treat someone in the zone?

Far-fetched?

It clearly hasn't been thought through at all.

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Posted: 08-Apr-08 20:16 by john hannemann Permalink

The price of freedom is eternal vigilance.Do nothing at youre peral.Our lifestyle is being white anted.We love the wollombi valley for what it is ,not for what others would like to make it.

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Posted: 09-Apr-08 10:24 by Annie Cossins Permalink

For some reason landowners in the valley are going to pay for the dubious benefit of living in a Heritage listed area. I didn't originally buy my block of land to now be denied the right to use it other than for commercial purposes. I agree with the comment above that basic things like a vegie patch seem not to be allowed under the new proposals. How is the council going to police how we are all using or not using our land if the LEP goes through?

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Posted: 09-Apr-08 13:13 by Charlie Kessler Permalink

Seems clear to me CCC is trying to create a 'Trueman Show' village of Wollombi - a sterile environment where nothing grows - for the general good of tourists and day trippers from the big smoke who only want to drive 2 hours to see the country folk......... who is the author of this bureaucratic and draconian non democratic public bullying? Didn't we vote him in?? Surely with enough voice we can dismantle this outrageous policy......

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Posted: 10-Apr-08 08:43 by Lindy McDougall Permalink

I agree it is bullying. I own 2 50acre blocks at Coolawine Creek and, as I understand it, since they are on separate titles this means I can no longer get a DA for the combined land. Those of us who own land at Wollombi should be the ones to decide how it is used (within reason, of course)

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Posted: 10-Apr-08 16:03 by Stephen Bates Permalink

This is the greatest load of BS I have ever read, the council must be stopped.
What do we all need to do to stop this.
We need to be able to use our land as we intended or currently do.

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Posted: 10-Apr-08 16:57 by Robyn Lamond Permalink

This Draft LEP 2008 document makes no sense. It is a waste of everyone's time making submissions on it.

I have just been trying to find an appropriate zone for the floor of the Wollombi Valley and then the village. Nothing fits. e.g. Zone RU5 Village can have no retail premises apart from food and drink; so no gallery or craft of other initiative that some one takes to meet local and tourism needs. Then, as has been mentioned, no Medical Centre. The only place where we might be able to squeeze any facility for community purposes (maybe limited medical and social support)is at the school as covered in Item 29.

For the valley floor, Zone E3 Environmental Management prohibits residential accommodation as does Zone RU2 Rural Landscape. E3 seems to be appropriate to Parks and Recreation Areas. I can only assume there are many errors in this document.

RU2 does not allow grazing or beekeeping (extensive agriculture) nor horticulture, a vehicle repair shop, commercial vineyard, car park or office.

Zone R2 Low Density Residential and Zone R5 Large Lot Residential don't work either.

As a community we need to work together to define what is required and likely to be viable and take some new initiatives to improve facilities to protect our future as a rural village and landscape. The rising costs of petrol and food prices are going to present a particular challenge but there will be great ideas to address that. We are the best stewards of this valley of 'heritage, art and nature'.

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Posted: 14-Apr-08 23:29 by Steve Annis-Brown Permalink

The LEP 2008 may be a complex and confusing document (sometimes I think this may be intentional) and there is plenty there that should be of real concern for community members, but one thing you can be sure of is that we are going to have a new LEP this year and if people think that it is a waste of time making any submissions on the Draft, then we will get exactly what is currently being proposed. So much for community consultation.

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Posted: 16-Apr-08 11:58 by Denise Woodburn Permalink

I am the owner of a property, area 16.18 Hectares.It was acquired by me as a rural retreat in 1986.
There is an existing residence which was constucted 28 years ago in 1980. A building permit was approved and all inspections, with the exeption of the "final inspection" were carried out. Why the final inspection was not requested is unknown, as it was prior to my ownership.
Following inquiries I made from Cessnock Council in early this year I was advised verbally by Council that the proposed changes to the zoning should not materially effect my rights to continue to use and maintain the residence. I assume that I am not materially effected by the planned changes. I was advised that I could further protect my position by applying for a building certificate, at minmal cost and inconvenience. Alternatively, I could ask for a final inspection, which could lead to some considerable cost to rectify any perceived deficiences in the building. It appears that the building certificate approach may be advisable. Does anyone have any comments.
Others may be in a similar position. While I may not be too concerned as to the effects of the rezoning as the changes may not materially effect me, I am interested to ensure that the community's interests are foremost and that any changes are "fair" to individual owners, particularly in an economic sense.

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Posted: 21-Apr-08 13:16 by Sophie Prager Permalink

This is pathetic!!
i really dont know what else to say im that appalled.
i love our community the way it is and i dont want it
to become anything else

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Posted: 23-Apr-08 18:01 by Wayne Tong Permalink

Stand your ground people, politicians and bureaucrats come from planet mars but we live on planet earth, the only planet that will grow meat and veg, don't let these aliens take this god given right away.

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