Review Paper - Clause 10

Date: 08-Mar-10
Author: Paul Flemming
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From: Paul Flemming
Sent: Saturday, March 06, 2010 2:10 PM
Subject: Working Party 10 March

Hi All,

Had a brief phone conversation with Sarah MacMillam two days back. She advised that:

The sessions will be in two groups of 10 to avoid them becoming unwieldy.
She'll take one group, Bo the other.
They'll have topographical and other maps to aid in identifying constrained areas. The examples she gave were steep slopes and vegetation.
In answer to my question "Will a Clause 10 equivalent now be incorporated?" she said "Unnecessary as everything in it is covered by legislation" (ie. Acts and Regulations).

I shook my head at answer 4 and concluded that the planners are simply in denial. To address this, we've prepared the attached Background Paper and Review Paper, and we will have 25 copies with us on Wednesday. The objectives are:

Firstly, to work through the Review Paper, and have Bo and Sarah nominate the Act(s) or Regulation(s) which render unnecessary each of the 28 Clause 10 requirements which we've summarised on the attached pages 2 and 3. (28 of the 43 Clause 10 requirements apply generally to rural land in the LGA. The remaining 15 are specialised - HEZ and land near Singleton army areas). Clearly, there isn't effective legislated coverage for all 28 requirements, so the first task is to ascertain which (if any) are covered, and which are not.
Secondly, for each of us to record, in the third column, our individual responses to the remaining questions (include, delete etc.). If this can happen, we can provide our 20 individual inputs to council planners on how we consider Clause 10 should be updated for inclusion in the new LEP.
Thirdly, to use Wednesday to seek greater mutual understanding between E3 and RU2 advocates that actual environmental protection for Wollombi Valley can only result when, to quote DoP Practice Note PN 09-002, The intended conservation or management outcomes for land can be clearly articulated in the LEP. Zoning defines only the purposes for which land can be used. Local environmental provisions define the limits on how these purposes can be carried out.

Please advise any comments (by 'Reply All') that you have on the Review Paper and the approach we propose.

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