Local environmental plan

not fit for purpose

The Community Environment Network is calling on the NSW Government to immediately suspend Central Coast Council’s planning powers, a point that was driven successfully home at their campaign launch last night at the Ourimbah Campus of the University of Newcastle.

14 February 2024

 

THE Community Environment Network (CEN) has declared the Central Coast Local Environmental Plan 2022 (CCLEP 2022) “fundamentally flawed” and argued it is “bad news” for nature, the community and developers.

 

“The CCLEP 2022 is fundamentally flawed, particularly when it comes to the implementation of the Conservation Zones (C2, C3 and C4) that are intended to protect threatened and endangered species and their habitat and give landholders and developers certainty as to what they can and cannot do with land,” said CEN Chair, Mr Gary Chestnut.

 

“Our Council’s use of Conservation Zones is based on inaccurate mapping and inappropriate land uses,” Mr Chestnut said.

 

“Council’s interpretation of C2, C3 and C4 zones means CCLEP 2022 does not protect threatened species, wildlife corridors and Aboriginal Cultural Heritage,” he said.

 

“Our conclusion is that CCLEP 2022 is not fit for purpose. Its interpretation and application of the Conservation Zones is atypical – not like any other council in the whole of NSW.”

 

Inaccurate mapping has already resulted in development footprints encroaching on the habitat of endangered species because the boundaries of the C2 zone intended to protect that habitat were ‘out’ by tens of metres, according to CEN.

 

Mr Chestnut said CEN uncovered the flaws in council’s interpretation and use of Conservation Zones under CCLEP when it was researching the recently-exhibited planning proposal for the zoning of Deferred Land matters in the former Gosford City local government area.

He said CCLEP 2022 was exhibited publicly before it was adopted.

 

“However, it was only when we looked deeply at the different conservation land models used by the former Gosford City and Wyong Shire Councils, and how those models have been applied under CCLEP 2022, that we detected these issues,” he said.

 

“Council has misled the public into thinking its planning proposal for deferred lands in the southern areas of the Coast is “like for like” when it will result in the rezoning of 7(c2) land, which should be C3 land, to C4 – opening that land to inappropriate uses such as brothels and drug and alcohol rehabilitation centres.

 

“Deferred lots of land currently zoned 7(a) should be zoned C2 (the highest level of protection outside a National Park). Council has proposed they be rezoned to C3. This means conservation land, if zoned C3, could end up being used for an animal breeding facility – a completely inappropriate land use.”

 

According to CEN, CCLEP 2022 must not be used to determine which land in the north of the LGA is appropriate for development.

 

“Mapping inaccuracies could result in the clearing of ecologically sensitive land. This could see Council and developers in breach of multiple laws. The flaws in the LEP are bad news for developers too.

 

“The inaccurate mapping and lack of criteria used to define the C2 zone in the former Wyong LGA will substantially increase development costs, delays and uncertainty. There are no winners here.”

 

That is why CEN is calling upon the NSW Government to act immediately and take the following steps:

 

• Adopt CEN’s recommendations regarding the Deferred Lands and problems with CCLEP 2022

 

• Suspend Central Coast Council’s planning powers.

 

• Use a planning proposal to review and fix CCLEP 2022.

 

• Place a moratorium on all rezonings, State Significant Developments (SSDs) and developments that involve C2, C3 and C4 land until CCLEP 2022 is amended.

 

• Defer, review and readvertise the Deferred Lands Planning Proposal if Council continues down the path to rezone the 7(a) to C3 and the 7(c2) to C4.

 

CEN has been ringing alarm bells about the flaws in CCLEP 2022 for months, writing to Central Coast Council Administrator, Rik Hart, Minister for the Central Coast, The Hon David Harris, and all other local State MPs. CEN has met council staff and one Member of the NSW Legislative Council (MLC) regarding its concerns.

 

“Mr Hart has fobbed off our questions and concerns and the office of Minister Harris has told us this issue falls outside his portfolio responsibility.

 

“We are thankful that both Minister Harris and Liesl Tesch MP, state Member for Gosford, have taken us seriously and referred our concerns to NSW Planning Minister, Paul Scully, and the Department of Planning, for investigation,” Mr Chestnut said.

 

“Mr Scully’s office has confirmed receipt of the Member’s representation, but it will take three weeks to get a response. We hope the Minister and Department take our concerns seriously,” he said.

 

“In addition, we appreciate that Minister Harris has referred our concerns to NSW Local Government Minister, Ron Hoenig, and the Department regarding Council’s lack of action” Mr Chestnut said.

 

Meanwhile, CEN believes the community deserves to know about the fundamental flaws in the CCLEP 2022.

 

“We’ve already held two public meetings to discuss how these problems will open land to inappropriate uses when it should be protected in the former Gosford LGA. Over 100 people attended those meetings.”

 

CEN is now asking for community support for its campaign: Central Coast Deserves a Better Plan.

 

“We were promised that a positive outcome of merging Wyong and Gosford councils would be a brand new Comprehensive Local Environmental Plan for the region. Instead, eight years later, we are stuck with a mish-mash of the LEPs of two former councils that doesn’t work,” said Mr Chestnut.

 

“Please join our campaign. We need as many people as possible to email, write, call, text, post and meet with everyone from Administrator Hart through to Planning Minister, Paul Scully, and NSW Premier, Chris Minns.”

 

You can stay posted via the CEN home page and Facebook page over the coming days and weeks for details on our upcoming campaign for a Better Plan!