13.9 - Attachment 1

 

 

 

Byron Shire Council Rural Land Use Strategy

 

 DRAFT Site Suitability Criteria & Mapping Methodology

 

 

 

Cover Page

 

 

 

 

 

 

September 2015

 

 

 

Site Suitability Criteria & Mapping Methodology

Table of Contents

1     Introduction                                             

1.1 Background

1.2  Purpose of the Site Suitability Criteria and Mapping Methodology PapePurpose and scoper

1.3  Study aApproach

 

2     Site Suitability Criteria Methodology and Data   

Table 1 –: Constrained Land

Table 2 –: Assessable Land

Table 3 –: Service cCatchment and rRoad  Iinfrastructure pPriorities for Rural Development

3     Constrained Land     [discussion + maps]                                                             

3.1  Primary Production Land

3.2 High Conservation Value Vegetation

3.3  Water Supply Catchment Buffer

3.4  Mineral Resources

3.45  Steep Slopes or Landslip Prone

3.46   Bushfire Risk

3.47  Buffers to Waster Disposal Facilities and Sewerage Treatment PlantsCritical Infrastructure Buffer

3.48  Acid Sulfate Soil Risk Classes 1 &and 2

3.9  Zoning and TenureOther excluded zones

 

4     Assessable Criteria        [discussion + maps]                                                       Land

4.1  Sensitive Rural Land Uses

4.2  Non Contiguous and Prime Agricultural Lands

4.3   Biophysical Strategic Agricultural Lands

4.4  Scenic Amenity and Rural Landscape

4.5  Category 1 & 2 Bushfire Vegetation

4.6  1:100 Year Flood Risk and Climate Change; and Coastal Erosion Planning Precincts 1 and 2 Bushfire Category 1 & 2 Vegetation (excluding Extreme Bushfire areas)

4.75  Vehicle Access Safety and Risk Flood Prone Land / Coastal Erosion Planning PrecinctsFlood risk 100 yr + Climate Change / Erosion Prone Precinct 1 & 2

4.8  Wildlife Habitat and Corridors Enhancement

4.98  Indigenous Cultural Heritage Vehicle Access Safety and Risk

4.86. Wildlife Habitat and Corridors

4.9. Indigenous Cultural Heritage

 

5     Service Catchment and Road Infrastructure Priorities for Rural Development

 

5.1 Service Catchment Priorities

5.2 Road Infrastructure Priorities for Future Rural Lifestyle Living Opportunities

1           Unconstrained Land Map                                                                                            

 

 

 

[THIS PAGE IS INTENTIONALLY LEFT BLANK]

 

 

1. Introduction

1.1     Background

 

Byron Shire Council is developing a Rural Land Use Strategy. The Rural Land Use Strategy will provide a strategic framework centred onfor the management and use of rural land for living, working and leisure. It will guide future land zoning and other planning instruments such as Local Environmental Plans.

It will also identify a range of rural land use actions/outcomes and include a delivery program for future rural development, taking into account existing and land supply.

 

Main Stages to develop the Rural Land Use Strategy

 

Same as Policy Directions Paper

incl RLUS ‘Overview’ diagram

 

 

 

1.2     Purpose of the Site Suitability Criteria and Mapping Methodology Paperand scope (of this report)

 

The purpose of this document is to provide a comprehensive framework for determining future rural development potential based on a range of natural resource management, risk avoidance and social/economic servicing criteria.  This in turn will inform the development of a related Policy Directions paper and the Rural Lands Strategy. , this

 

 

1.3     Study aApproach

 

The Department of Planning and Environment are preparing a North Coast Regional Plan to replace the Far North Coast Regional Strategy. In preparing the criteria and mapping methodology, staff liaised with the Department to ensure that the Rural Land Use Strategy mapping methodology direction is consistent with the policy principles of the working draft North Coast Regional Strategy.  The criteria were also informed by other relevant State, regional and/or local planning documents and best practice planning principles.

 

 

2. Site Suitability Criteria Methodology and Data

 

Site Suitabilityelection Criteria to Identify Rural Potential Land for Potential Future Rural Development

 

The process for selecting potential land for tourism, conventional rural residential, Multiple Occupancies (MO), or Community Title (CT) or other non-agricultural land uses (herein referred to as ‘future rural development’) is outlined below. The aim is to ensure that future rural development occurs within the context of Byron Shire's environmental, economic and social requirements.

 

In identifying potential future rural development land, the appraisal site suitability criteria were used to maps the following categories of land four Criteria:

 

1.   [a1] Constrained Land

This identifies areas where any of the criteria listed in Table 1 are present. Constrained land will not be considered for future rural development as it includes important natural environmental and resource values that underpin the economic and social framework of our rural areas and/or issues of risk avoidance. These constraints by their degree and nature preclude itsthe land from development.

 

2.   Assessable Land

This identifies areas not encumbered by any of the Constrained Land criteria in
Table 1 but potentially affected by any one or more of the criteria listed in Table 2 are present. Assessable Land criteria [a2] encompasses environmental, economic and/or risk avoidance criteria which may not necessarily preclude future rural development on the land but rather indicate a need for a more detailed site specific investigations to determine the site’s full development potential. The se Assessable Land criteria in Table 2 are not comprehensive. and An area may have there may be other matters which need to be taken into consideration to determine its a site’s development potential.

 

3.   Unconstrained Land

This identifies all areas that are neitherot encumbered by Constrained Land criteria (Table 1) nor affected by Assessable Land criteria (Table 2).

 

 

4.   Future Rural Development Land ReleasePriorities

This identifies the prioritiesy for future rural development of Unconstrained Land and Assessable Land using the Service Catchment and Road Costing Infrastructure Criteria in, Table 3. This reflects the premise that Ffuture rural development should be close within a reasonable distance ofto villages and town services and be provided with good a standard of road access that has not been provided atdoes not place a financial burden for on the wider community.  From a service catchment standpoint, Ppriority will be given to land within 2km of a rural village, rural (public) primary school, general store or community hall or 5km of an urban [a3] town containing a high school (Mullumbimby and Byron Bay) service catchment as follows:

 

·          Priority 1: Unconstrained Land within a 2km/5km service catchment with a Category 1 road

·         Priority 2: Assessable land within a 2km/5km service catchment  service catchment with a Category 1 road

·         Priority 3: Unconstrained Land outside 2km/5km service catchments with a Category 1 road

[a4] 

In considering future rural lifestyle living opportunities (egie. multiple occupancy; conventional / community title rural residential subdivisionrural residential subdivision) the following road infrastructure criteria has been applied to the above priorities:

·          Priority 1 & 2 land — must be capable of providing an acceptable standard of road infrastructure at no cost to the wider community

Generally, Priority 3 land outside 2km/5km service catchments is unlikely to be considered for future rural lifestyle living opportunities. However the determination of priority land will include consideration of unconstrained land outside the service catchment, within a 5 minute drive of a service centre and with a pre-existing acceptable standard and quality of access.

 

Note: Land in the “unconstrained” and “assessable” land categories do not infer development rights; it merely identifies land that is potentially suitable for future rural development.

All future rural development land would be subject to consideration of impacts on cultural heritage and land may require a more detailed assessment.

 

Table 1: Constrained Land
Criteria	Rationale[s5] Supporting Planning Framework
Primary Production Land   -   Include lLand zoned RU1 Primary Production in LEP 2014; and any -   deferred matters that relatinge to 1(b1) or, 1(b2) Agricult-ural Protection in LEP 1988; -   S117 land mapped as State/ Regionally Significant farmland (excluding non-contiguous)	·          Draft RGIP guidelines ·          S117 Direction 5.3 / Northern Rivers Farmland Protection Project - Final Recommendations, February 2005 (Section 4) ·          Tweed Shire Council RLS Land Capability Assessment (BSAL + State/Reg significant farmland = constraint) ·          Lismore Growth Management Strategy 2015-2035 ·          Significant agricultural land identified for the purpose of ensuring future economic viability of such land. ·          Discussion Paper feedback - protection of important agricultural land ·          BRSS and Guidelines for rural settlement State / Regional ·     Far North Coast Regional Strategy 2006-31 ·     S117 Direction 5.3 / Northern Rivers Farmland Protection Project - Final Recommendations, February 2005 (Section 4) ·     Draft Far North Coast Regional Growth Plan ‘guidelines’ Local ·     Byron Shire Sustainable Agriculture Strategy (2004) ·     Rural Land Use Strategy Discussion Paper – community feedback ·     Byron Rural Settlement Strategy 1998 ·     Tweed Shire Rural Land Strategy –Resource Inventory & Land Capability Assessment (Dec, 2013) ·     Lismore Growth Management Strategy 2015-2035
High Conservation Value Vegetation   Land containing high conservation value vegetation	State / Regional ·     State Environmental Planning Policy No. 14 (Coastal Wetland) ·     State Environmental Planning Policy No. 26 (Littoral Rainforest) Local ·     Byron Rural Settlement Strategy 1998 ·          BRSS ·     Byron Biodiversity Conservation Strategy 2004 ·          SEPP 14 (Coastal Wetland) ·          SEPP26 (Littoral Rainforest) ·          LEP 1988 ·     Lismore Growth Management Strategy 2015-2035
Water Supply Catchment Buffers   Land within a drinking water catchment and 100m of a major creek / waterway	Local ·     Byron Rural Settlement Strategy 1998BRSS ·     Byron LEP 2014, Clause 6.5 – to protect Drinking Water Catchments (objectives) by minimising the adverse impacts of development on the quality and quantity of water entering drinking water storages. ·     BSC Design Guidelines for On-Site Sewage Management for Single Households (2004) ·     Rous County Council draft DCP BSC Design Guidelines for On-Site Sewage Management for Single Households (2004)
Mineral Resource   s117 mineral resource lands, including transitional and potential areas	State / Regional ·     S117(2) Direction 1.3 – Mining, Petroleum Production and Extractive Industries ·     Mineral Resources Audit (mapping) Local ·     Byron Rural Settlement Strategy 1998BRSS (1000m) S117 mineral resource mapping
Slope   Land with  slope > 32%	State / Regional ·     Planning for Bushfire Protection 2006 Local ·     BSC Design Guidelines for On-Site Sewage Management for Single Households (2004) ·          Byron Rural Settlement Strategy 1998Effluent disposal ·          Previously 20% in BRSS ·     ·     Lismore Growth Management Strategy 2015-2035
Extreme Bushfire Risk   Land containing Bushfire Category 1 vegetation and Slope >20%	State / Regional ·     Planning for Bushfire Protection 2006 ·     Lismore Growth Management Strategy 2015-2035 Local ·     Byron Rural Settlement Strategy 1998 (>20% slope)
Buffers to waste disposal facilities and sewage treatment plants   Land within buffer to sewage treatment plant (400m) OR waste disposal facility (500m)	Local ·     Byron Rural Settlement Strategy 1998 (>20% slope) ·     Byron Development Control Plan 2010 & 2014 (Chapter B6 – Buffers)
Acid Sulfphate Soils (ASS) Classes 1 OR and 2   Land within ASS Risk Class 1 or 2	Local ·     Byron Rural Settlement Strategy 1998 ·     Byron LEP 2014, Clause 6.1 – Acid Sulfate Soils (risk classes 3-5 considered manageable)
Other Excluded Zones Land not withinoutside the following zones: Byron LEP 2014: RU2 Rural Landscape R5 Large Lot Residential RU5 Village AND Byron LEP 1988 (only where “deferred” from LEP 2014): 1(a) General Rural 1(d) Investigation 7(d) Scenic/Escarpment 7(d) Scenic Escarpment OR Byron LEP 2014: RU2 Rural Landscape	State / Regional ·     Far North Coast Regional Strategy 2006-31 Local ·     Byron Rural Settlement Strategy 1998

 

 

 

Table 2: Assessable Land  ⁽¹⁾

Table 2: Assessable Land  (1)
Criteria	Supporting Rationale[s6]
Sensitive Rural Land Uses   Assess economic benefits and potential impacts associated with past, present and potential rated farmlanding activities in terms of: ·      Location ·      Operation ·      Processing To determine land usefarming activity clusters and suitable buffers (including ex-dip sites) to minimise conflict between farming and  non-farming land uses	-        Recognition of: the importance of farmland and agriculture;, the changing nature of agriculture and of key trends, demands and issues in affecting agriculture;  in the area, region or State and those the economic advantages may be linked toassociated with industries that cluster or diversify.  -        Builds on the Byron Rural Settlement Strategy principles and Byron Shire DCP 2014 – Chapter B6 – Buffers and Minimising Land Use Conflict. -        Consistent with planning strategies and principles outlined  in Living and Working in Rural Areas (NSW DPI, 2007).
Non Contiguous and Prime Agricultural Lands   Assess Non-contiguous State/ Regionally Significant farmland and prime agricultural land (classes I, 2 and 3 as identified by NSW Agriculture) outside the Primary Production Land identified in Table 1	-        Consistent with Northern Rivers Farmland Protection Project – Final Recommendations (February, 2005). -        Consistent with community feedback on Rural Land Use Strategy Discussion Paper. -        Potential development should be subject to merit-based assessment of the agricultural value and future economic viability of such land.
Biophysical Strategic Agricultural Lands   Assess biophysical strategic agricultural lands	-        Biophysical Strategic Agricultural Land (BSAL) is land with high quality soil and water resources capable of sustaining high levels of productivity. -        BSAL mapping important for managing competing land uses proposed on high quality agricultural land. -        Consistent with DP&E advice that future rural settlement should generally avoid areas mapped as BSAL.
Key Tourism Asset (major event sites)   Assess noise buffer, traffic or diminishment of tourist values of the location	-     New concept that acknowledges the capital investment and economic value these venues -     Consider  applicable buffers at Rezoning or DA stage
Scenic Amenity and Rural Landscape   Assess lands of high scenic amenity zoned 7(d) Scenic/ Escarpment  in Byron LEP 1998 (only where “deferred” from LEP 2014)	-        Consistent with Byron Rural Settlement Strategy site suitability criteria and community feedback on Rural Land Use Strategy Discussion Paper
Landslip Prone road locations   Assess the three key factors that attribute to thehistory or risk of landslip:	-     Sections of road identified as a history or risk of landslip: may require a geotechnical assessment at the rezoning or development application stage.
Criteria	Supporting Rationale[s7]
Bushfire Category 1 & 2 Bushfire Vegetation (excluding “Extreme” bBushfire areasrisk areas in Table 1)   Assess the capacity for development that does not encroach on Category 1& 2 vegetation or create fire management issues	-        Adapted from Byron Rural Settlement Strategy site suitability criteria -        Future development must satisfy Planning for Bush Fire Protection 2006 requirements.
-        1:100 year Flood risk + Climate Change -        Coastal Erosion Planning Precincts 1 & 2   Assess the capacity for development to be safe and not require mitigation measurescapable of managing flood and/or coastal erosion risks	-        Adapted from Byron Rural Settlement Strategy site suitability criteria relating to flooding. -        Future development subject to LEP 2014 Clause 6.3 – Flood Planning
Vehicle access safety/ and risk   Assess vulnerability of essential access road’s to: -      Flooding - 1yr event with closure extending in excess of 6 hours, -   Bushfire Category 1,  or -   Landslip  - sections of road sections of road having a history of landslip:   Ensure adequate evacuation routes	Future development may be subject to minimum design standards being in place to reduce vulnerability of road infrastructure to the following risks: -     Flood – where increased storm intensity and frequency results in unreasonable inundation periods and/or severe erosion damage. -        Bushfire – where access roads cannot provide safe (or alternative) access, egress and defendable space for emergency services during event. -        Landslip – where sections of road have become unusable for long periods of time following the event (eg. Upper Wilsons Creek).
Wildlife Habitat and Corridors Enhancement   Assess the positive and negative impacts associated with development onpotential for enhancement of wildlife corridors	Recognises role of wildlife corridors in minimising impacts (direct or indirect) from adjoining land uses and encouraging the recovery of threatened species, communities, populations and their habitats.
Indigenous Cultural Heritage   Consult with traditional owners (where applicable) in accordance with process established by Council	Recognises that Byron Shire contains a wealth of Aboriginal cultural sites which include middens, stone arrangements, rock shelters and tool-making sites.  Many of these are not mapped due to their cultural sensitivity.

 

(1)  This Assessable Land criteria list is not absolute and that there may be other matters which need to be consideredrequire more detailed assessment at the rRezoning or DA stage to determine site suitability.  This may include, for example, consideration of indigenous cultural heritage values through formal consultation with traditional owners or site contamination history.

 

 

Table 3: Service Catchments and Road Upgrade Costing -  Priority Future Table 3: Future Rural Development Land Release

 

Table 3: Service Catchment and Road Infrastructure Priorities for Rural Development
Criteria	Supporting Rationale
A.      Service Catchment Priorities (apply to all future rural development land)   Assess Determine development priorities location relative tobased on proximity to town and village service catchments to determineas follows:   ·      Priority 1: Unconstrained land within 5 km from of a urban town containing a high school (Mullumbimby and Byron Bay) or 2km from of a rural village, public primary school, general store or community hall catering to the needs of that locality nearest rural (public) primary school, general store or community hall   ·      Priority 2: Assessable land within 5 km of a town containing a high school (Mullumbimby and Byron Bay) or 2km of a rural village, public primary school, general store or community hall catering to the needs of that locality within 5 km from urban town or 2km from nearest rural (public) primary school, general store or community hall   ·      Priority 3: Unconstrained  land outside  a service catchment	-        A ‘service catchment’ approach maximizses opportunities for people to access basic services and connect with each other both socially and economically.  It also facilitates economies in service provision such as a rural school bus service. -        Consistent with service catchment criteria in Byron Rural Settlement Strategy1998 and Lismore Growth Management Strategy 2015-2035. -        Consistent with Guidelines for Rural Settlement on the North Coast of NSW (DUAP, 1995).
B.         Road CostingInfrastructure Priorities (apply to future rural lifestyle living opportunities)   Further Aassessment of above priorities against: ·      capacity / condition of relevant road network; ·      road upgrade priorities and potential $$ costs to wider community associated of proceeding withwith the release of future potential rural lifestyle living precincts.   development land to determine    Future rural lifestyle living opportunities include: conventional rural residential subdivision; multiple occupancies; and community title subdivision.                     This determines land suitability in the following order of priority:   ·      Priority 1 & 2 service catchment areas – only where relevant road segments can be upgraded at no cost to wider community.   Priority 3 land is unlikely to be considered for future rural lifestyle living opportunities within the timeframe of this strategy..      I.     Priority 1 areas above having access to a Category 1-3 road condition      I.     Priority 2 areas above having access to a Category 1-3 road condition   Priority 1: Unconstrained land within 5 km from urban town or 2km from nearest rural (public) primary school, general store or community hall with Category 1 Road– all future rural development   Priority 2:Assessable land within 5 km from urban town or 2km from nearest rural (public) primary school, general store or community hall Category 1 Road – all future rural development   Priority 3: Unconstrained  land outside a service catchment Category 1 Road – potential for tourism development	This identifies pPriority areas for future rural lifestyle living in the form of: conventional rural residential subdivision; multiple occupancies; and community title subdivisionshould be within reasonable distance of village and town services and have adequate road infrastructure (both condition and capacity) that will not place a financial burden on the wider community.  That is, any required road upgrade (to meet achieve required an acceptable condition/ capacitystandard) will need to be provided at no or minimal cost to wider community. This economic imperative is supported by the following documents: -        Byron Shire Council Financial Sustainability Project Plan (Asset Management Strategy) -        Council Improvement Program (June2015) -        Byron Rural Settlement Strategy1998 -        Guidelines for Rural Settlement on the North Coast of NSW (DUAP, 1995)     ·          Priority 1: Unconstrained Land within a service catchment with a Category 1 road ·          Priority 2: Assessable land within a service catchment with a Category 1 road ·          Priority 3: Unconstrained Land outside service catchments with a Category 1 road

 

 

 

3. Constrained Land

Certain land has not been includedbeen excluded for from consideration for future rural development as it makes good environmental, economic and social sense. We need to safeguard the quality of the natural environment and the integrity of our natural resources. Similarly, we should not put the environment, people and assets at risk or in hazardous situations.

 

The criteria for identifying ‘Constrained Land’, as listed in Table 1 above, for precluding such land identified as ‘Constrained Land’ are outlined detailed below.

 

3.1     Primary Production Land

Good agricultural land provides primary production in Byron Shire with an inherently unique advantage in productivity, diversity and adaptability. As a finite and irreplaceable resource it should be conserved and sustainably managed. The North Coast Urban Planning Strategy (1995), the NSW Coastal Policy (1997), the Northern Rivers Regional Strategy (1999), the Northern Rivers, Upper North Coast and Mid North Coast Catchment Blueprints (2002) and the Northern Rivers Farmland Protection Project 2005 all support this position. 

 

The Northern Rivers Farmland Project reviewed earlier investigations regarding prime agricultural land and took into account the need to distinguish between very high quality and unique agricultural soils/lands and other lands that were also important to agriculture but which were more extensive and less productive generally per unit area. It identified two relevant levels of agricultural land – State and Regionally Significant. Fundamental to this project was the identification, recognition and protection of contiguous quality farmland to limit the likelihood of displacement of agricultural use by residential use and fragmentation.

 

Primary Production Land is included on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
-      Land zoned RU1 Primary Production in LEP 2014; -      Deferred matters relating to 1(b1) or 1(b2) Agricultural Protection in LEP 1988; Land zoned RU1 in LEP 2014 or 1(b1), 1(b2) in LEP 1988;	1998 / 2014 LEP Zoning	Byron Shire Council
S117 land mapped as State/ or Regionally Significant farmland	“Northern Rivers Farmland Protection Project, Final Map 2005 (Section 117(2) Direction)”	NSW Dept of Planning & Environment (formerly Dept of Infrastructure,  Planning and Natural Resources)

 

For strategic planning purposes contiguous State or /Regionally Significant farmland (excluding non-contiguous) and land zoned for primary production purposes represent constrained land.

 

 

3.2     High Conservation Value Vegetation

Byron Shire covers about 56,000 hectares has of which 68% is cleared land, plantations and disturbed remnant vegetation. The ongoing loss of native vegetation cover and consequently biodiversity is perhaps our most serious environmental problem. The protection and enhancement of high conservation value vegetation is integral toprovides a foundation from which to  reversingaddress this problem.

 

In 2015, Council reviewed the vegetation mapping. Mapping was initially carried out in 1999 as part of the Byron Flora and Fauna Study and was partly reviewed in 2007. The 2015 review has improved the accuracy of the mapping and reflects changes in vegetation extent and composition over time. 

 

The review used a combination of aerial photograph interpretation (API) primarily using 2014 aerial data, existing information such as, vegetation survey data from various Council and state government projects, and on-ground site inspections.

 

Vegetation was mapped using the State Government’s Vegetation Information System (VIS) Classification ^1. database to ensure consistency with NSW standards. This system uses three levels; vegetation formations, vegetation classes and plant community types. The plant community type classification provides the most detailed description of vegetation and was developed by the state government to provide a standard approach to vegetation classification and mapping.

 

This mapping provides the foundation on which to determine high conservation value vegetation and habitats (HCV).  HCV is ahas been determined  combination of ..................using a  relative ecological value matrix weighting systems as described in the  the Byron Biodiversity Conservation Strategy 2004 (Part 3)................................  Areas with a combined score of 27 or more are weighting of > xx are categorisedregarded as HCV.

 

 

The High Conservation Value Vegetation is included on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Land of acontaining high conservation value vegetation and habitats	HCV Vegetation Map (2015)	Byron Shire Council

 

For strategic planning purposes high conservation value vegetation and habitatsland of a high conservation value represents constrained land.

 

^1.  [Footer - For information on the State Government’s Vegetation Information System (VIS) Classification go to: www.environment. nsw.gov.au/research/Visclassification.htm]

 

 

3.3      Water Supply Catchment Buffers

Regional water resources including watercourses, dams and estuaries are of economic, social and environmental significance both within the Shire, North Coast Region and beyond. They are a source forsupport urban and rural water supplies and support a range of tourism and recreational activities.

 

Water supply catchments are areas from which surface water drains (via runoff) to a reservoir or water storage facility.  The local government areas of Byron, Lismore and Ballina all  source their urban urban water supplies from three rural catchments in our rural areas: Wilson Creek, Rocky Creek Dam and Emigrant Creek. Their wCatchments associated with water supply areas are the area from which surface water drains (via runoff) to a reservoir or water storage facilityater quality is directly influenced by the type of land uses and management practices occurring within these catchments.  Some of impacts of inappropriate rural land uses and/or  and the quality of water supply is directly related its management. poor land management practices can include toxic algal blooms, soil erosion, falling water tables and increased water treatment costs.

 

Future rural development should have a neutral or beneficial effect on downstream water quality.  As rRural lands dwellings within these urban water supply catchments are generally not sewered and instead rely on on-site wastewater management systems, requiring. Future rural development should have a neutral or beneficial effect on downstream water quality. Maintaining healthy riparian environments plays an important role in the quality of water draining to the storages (supply dam) from the catchment areas and providing valuable flood mitigation and ecological benefits.

 

Poor management can result in toxic algal blooms, soil erosion, falling water tables and increased water treatment costs. The provision of aa  100m separation distance buffer vegetated with native vegetation between a permanent water courses and wastewater management system can substantially  reduce likelihood of pathogens entering the water supply. This is known as a ‘water supply catchment buffer’.

 

 

Water supply catchment buffers are shown on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Land within a drinking water catchment and 100m of a major creek / waterway	Water catchment supply 2014   Create 100m buffer around major creeks / waterways	Byron Shire Council

 

For strategic planning purposes all land within a drinking water catchment and within 100m of a major watercourse – (namely Wilsons River, namely Emigrant, Coopers Creek, Wilsons or Rocky Creek and Skinners Creek) s represents constrained land.

 

(Sources: Rous Water On-site Wastewater Management Guidelines, June 2008;

  SSouth East Queensland Development Guidelines for Water Quality Management in Drinking Water
   Catchments).

 

 

 

3.4     Mineral Resources   

Quarry materials are essential to the construction industry and economy. Section 117 Planning Direction ‘1.3 – Mining, Petroleum Production and Extractive Industries (Environmental Planning and Assessment Act 1979), seeks to ensure that future extraction of mineral resources and extractive materials is not compromised by inappropriate development.

 

Extraction can only occur where geological deposits are located. Transportation costs are a significant cost factor. To keep costs down and remain largely self sufficient, we need to ensure that local supplies are available in sufficient quantity to satisfy current and future demands.

 

Inappropriately placed located conflicting land uses can effectively alienated, or even sterilisezed a resource.  AA
land 1 km buffer of 1000m radius taken from the boundary of identified resource ‘reserve’s bearing s land’, including that reserved for future quarrying purposes can be an effective means to manage prevent land use conflicts and protect important mineral and extractive resources.

 

Mineral Resources (identified, transitional and potential) are shown on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
s117 mineral resources, operation 1(e) land in LEP 1988 reserve,including transitional and potential areas	Mineral resources - Areas of proven natural resource significance (2015)	NSW Dept of Mineral Resources

 

For strategic planning purposes all SSection 117(2) mineral resource lands, including transitional and potential areas, (a) 1.3 operation 1(e) in LEP 1988 reserves and transitional and potential regionally significant mineral and extractive resource land (including buffers areas) represents constrained land.

 

 

3.5     Slope

Land with slopes over 32% is considered unsuitable to most forms of future rural development, in particular habitable structures. The sSlope is a significant constraint factor affecting effluent disposal, stormwater runoff, bushfire risk, erosion and vehicular access. For example, Sslopes in excess of 20% (11.3 degrees) can pose wastewater treatment system installation problems, while slopes greater than 15% (8.5 degrees) may prevent treated wastewater from being evenly distributed to the land, thereby adversely affecting the performance of the system.  At the same time Eerosion resulting from developing on steep slopes can in turn have significant water quality impacts.  Land with slopes over 32% is considered unsuitable to most forms of future future rural development, in particularly habitable structures.

 

 

Land with a Slope > 32% is indentified on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Include land  sSlope > 32%	Slope analysis -High Slope constraintsSlope percentage – 1 meter hybrid (2015) Contour data (10m)	Byron Shire Council1:10,000

 

For strategic planning purposes all land having slopes in excess of 32% (approx 18 degrees) represents constrained land.

 

(Sources:   http://www.ga.gov.au/scientific-topics/hazards/landslide/basics/causes
               Design Guidelines for On-Site Sewage Management for Single Households – Byron Shire Council
                   Doc #491166

 

 

3.6     Bushfire Risk

Byron Shire is fortunately located in a region which enjoys reasonably high rainfall throughout much of the year. However, at certain times of the year and under certain weather conditions, many areas of the Shire can become high to extreme fire risk areas. Bush fire is a major challenge for the community. The CSIRO predicts that climate change will contribute to harsher fire weather for Eastern Australia with an increase in the number of days having a severe bushfire rating.

 

All developments on land that is designated as bush fire prone must satisfy the requirements of Planning for Bush Fire Protection 2006 and AS3959 – 2009.  

 

A key consideration in mitigating bushfire hazard is avoidance of high risk areas. On 1In August 2002, the Rural Fires and Environmental Assessment Legislation Amendment Act 2002 amended the Rural Fires Act 1997 and the Environmental Planning and Assessment Act 1979the State government introduced legislation to provide significant improvements in bush fire safety. This included a requirement for all councils to prepare a bush fire prone land map. The bush fire prone land map is the triggeras the basis for more detailed investigations to determine what bush fire protection measures are applied to new development.

 

Byron Shire has three two Bushfire Prone Categories based on vegetation types. Category 1 vegetation (essentially areas of forest, woodlands, tall and short heaths, forested wetlands and timber plantations) generally hold the highest risk factor.  Studies by bush fire authorities have shown however that bushfires are likely to travel twice as fast up 10 degree slopes (as opposed to flat land) and up to four times faster up on 20 degree slopes.  This, can result in certain  hence placing Category 2 areas vegetation types (essentially grasslands, freshwater wetlands, semi-arid woodlands, arid shrublands and rainforests) with on such slopes also also athaving a high risk factor.

 

For strategic planning purposes all land having Category 1 bushfire vegetation on slopes greater than 20% (11.3 degrees) represent an ‘extreme’ fire risk and hence are constrained land.  All remaining Category 1 and 2 vegetation on slopes less than 20% and all Category 2 vegetationoutside extreme fire risk areas represent assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

 

 

Constrained and assessable bushfire land risk is identified on Map xx and Map xx (respectively) of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Constrained Land   Extreme bushfire risk: the capacity for development that does not encroach on lCategory 1 bushfire riskvegetation Category 1, on slopes >20% Assessable Land -      All remaining Category 1 vegetation on slopes < 20% and all Category 2 bushfire vegetation (excluding ‘extreme bushfire risk) or create fire management issues	Bushfire Protection mapping for Shire (2015) (Currently updating using NSW Rural Fire Service – Guide for Bush Fire Prone Land Mapping 2014)	Byron Shire Council

 

 

3.7     Buffers to resource recovery and waste disposal facilities[a8] centers and sewage treatment plants

Waste disposal and sewerage treatment facilities Asare an essential part of its Council’s waste management activities.,Council operates refuse and sewerage treatment stations  As key infrastructure installations they represent a significant capital investment for the Shire and minimising environmental and human health risks is central to their placement, design and operation. 

 

Proximity to these installations is an important consideration in determining future rural development land due to potential health risks to humans including methane buildup, noise and odour. A key means for managing this risk is the use of separation buffers from future rural development.

 

Land which is part of aaffected by these buffers has been is included on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Include lLand within buffer to sewage treatment plant (400m) and OR  waste disposal facility refuse (500m)	Sewage treatment plant buffer Waste disposal facility buffer	Byron Shire Council

 

For strategic planning purposes all land within an identified sewerage buffer (400m) and refuse buffer (500m) and sewerage buffer (400m) represents constrained land.

 

 

3.8     Acid Sulfphate Soils cClasses 1 and 2

Acid sulfate soils contain pyritic sediments which can lead to the generation of sulphuric acid when exposed to air. This is likely to occur when these soils are drained, excavated or dredged. Scientific research has found that the release of acid from pyritic soils can have significant impacts upon the health of aquatic plants and animals. Similarly, drainage waters from areas of acid sulfate soils can corrode and weaken engineering structures and release heavy metals into recreational fishing areas. This land is often captured underby other constraints including SEPP 14 Coast Wetlands.

 

A classification scheme for acid sulfphate soils identifies the type of works likely to present an

environmental risk if undertaken in a particular class of land and is outlined in the table below.

 

 

Class of land shown on acid sulfphate soils map	Works
1	Any works
2	Works below natural ground surface Works in which the watertable is likely to be lowered
3	Works beyond 1 metre below the natural ground surface Works by which the watertable is likely to be lowered beyond 1 metre below the natural ground surface
4	Works beyond 2 metres below natural ground surface Works by which the watertable is likely to be lowered beyond 2 metre below the natural ground surface
5	Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.

 

 

For strategic purposes all land having an Acid Sulfphate Category Risk Class of 1 and or 2 (refer to Map link) represents constrained land.    

                                                             

 

Land with Acid Sulfphate Soil Risk class 1 or 2 are included on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Include lLand within ASS Risk class 1 or 2	Acid sulfphate soil categories 1:25,000 (2014)	Byron Shire Council NSW Office of Environment & Heritage

 

 

3.9 

Zoning and TenureOther excluded zones Limitations

 

Certain zoning or land tTenure can or zoning mayinherently  preclude land from being appropriateconsideration for consideration for future rural development. This includes land dedicated, reserved or committed to potential future urban, village and open space uses.  It also includes national parks, nature reserves and areas already zoned for environmental protection.  This approach ensures Council maximizes its options for accommodating future expansion of the Shire’s towns and villages while also protecting recognised environmental assets.  The Far North Coast Regional Strategy 2006-2013 states that all land zoned for urban purposes and future urban land release areas should be retained for such purposes and all land classified as ‘Environmental Assets’ are to maintain existing use rights. Under LEP 1988 residential development is prohibited in a number of the environmental protection zones. National parks, nature reserves, conservation areas and public recreational grounds are crown land. For strategic planning purposes all land notsituated outside the following zones is excluded from consideration (ie. constrained land):zoned

Byron LEP 2014 — RU2 Rural Landscape, R5 Large Lot Residential and RU5 Village.

 Byron LEP 1988 : — 1(a) General Rural,, 1(d) Investigation and 7(d) Scenic/Escarpment (only where “deferred” from LEP 2014), 7(d) Scenic Escarpment;

 

 OR Byron LEP 2014: RU2 Rural Landscape,R5 Large Lot Residential and RU5 Village represents constrained land.

 

Description	Data layers used	Data custodian
Land not withinoutside the following zones: Byron LEP 2014: RU2 Rural Landscape R5 Large Lot Residential RU5 Village AND Byron LEP 1988 (only where “deferred” from LEP 2014): 1(a) General Rural 1(d) Investigation   7(d) Scenic/Escarpment7(d) Scenic Escarpment OR Byron LEP 2014: RU2 Rural Landscape R5 Large Lot Residential RU5 Village	Byron LEP 1998 Zoning Maps LEP 2014 Zoning Maps	Byron Shire Council

 

 

4. Assessable Land

Certain environmental, economic, social and risk avoidance matters are more appropriately considered through a detailed site specific investigation. These matters may not necessarily preclude development on the site.

 

The criteria listed in Table 2 above have resulted in certain land being identified as ‘Assessable Land’. These criteria, as outlined below, are not comprehensive and there may be other matters which need to be consideredrequire more detailed assessment at the rRezoning or DA stage to determine site suitability.

 

 

4.1     Sensitive Rural Land Uses (Agricultural Land Use Security)

The Byron Shire Council’s , through its Sustainable Agricultural Strategy 2004 (SAS) supports the rights of persons to carry out legitimate rural and agricultural uses and practices. The SAS aims to create a social and planning environment that allows agricultural production and associated activities to be pursued without conflict and concern for long-term security for of agriculture in the Shire.  Among the  Ppolicy Aactions recommended in the SAS is to “carry out recommended a stock take of agriculture land and related activities and assessment of current and possible future uses to determine the optimum potential (social, economic and environmental) for the land”.

 

Future rural development should not undermine this optimum potential and any. strategic Aassessment  should give consider theation to therelevant land use characteristics of the our major existing agricultural enterprises including:

 

·    essential growing conditions;

·    operational conditions: potential for land use conflict or health risks from past and current land use activities including dip site and complaints about smell, noise, dust, airborne chemical sprays and loss of amenity particularly from intensive agriculture or horticulture; and

·    processing or market place requirements: such as dairy, sugar cane, coffee and macadamia industries that share harvesting and processing facilities; and

·    potential economic advantages associated with industry clusters.

 

Locality, topography, soil type and climate all affect the mix of crops and livestock across the Shire resulting in different patterns of agriculture in different areas. An initial ‘stock take’ has been carried out for farmland rated properties, Tthe findings of the which ‘stocktake’ are detailed shown in Map xx Agricultural Land Use Structure of Appendix XX.  The data used to inform this map included land with the farmland rateding dataactivities, DPI standards for buffering and industry manuals. The buffers are not meant to be absolute and may be varied on closer examination of terrain, vegetation and farming practices.

 

Description	Data layers used	Data custodian
Assess Farmland Rated Activities and associated buffers agricultural land uses and their recommend industry needs and buffers (including dip site buffers)	Agricultural Enterprise Structure Farmland Rated Activities (2015 BSC) Agricultural Land Use Buffers (2015 DPI/BSC)   Dip sites and buffers (BSC2014)	Byron Shire Council   NSW Dept Primary Industries / Byron Shire Council   NSW Department of Primary IndustriesByron Shire Council

 

For strategic planning purposes all farmland rated activities and buffers represent assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

 

(Sources:   -   Byron Shire Sustainable Agriculture Strategy 2004

-     Farmers Farm and Cows Do Moo booklet (BSC, 2008)

-     DPI Document mMinimum Lots Size Methodology fFor Agricultural Uses (DPI, 2005)

)

 

 

 

‘4.2    ‘Non Contiguous’ and ‘Prime’ Agricultural Lands

The Northern Rivers Farmland Project 2005 identified that certain agricultural/horticultural industries may develop on smaller  sites that have the general characteristics of state or regionally significant farmland, but do not fit within the definition of 'large contiguous areas'.  These areas are known as ‘areas non-contiguous farmland’  or may not be constrained by soil characteristics. Such land uses may include such land uses as nurseries or greenhouse and controlled environment horticulture (eg. cut flowers and nurseriesgreenhouses, hydroponics).  (need to confirm when overlaying mapping) As outlined in the’ Discussion Paper – A Fresh Approach’, tThese industries can benefit from their proximity to the South Eastern Queensland market, and having a strong economic multiplier are important to the local economy.  In continuing to be used for agriculture such land can also present a transition area to Primary Production Land (Table 1).

 

Areas mapped as prime agricultural land are also an important consideration when planning for future rural land uses.  Like ‘non-contiguous’ farmland these areas may still have soil characteristics or other agricultural values that require a merit-based assessment at the rezoning or DA stage.   The Northern Rivers Farmland Project indentified non-contiguous areas. Their protection is the responsibility of local Councils.

 

For strategic planning purposes non-contiguous State or Regionally Significant farmland and Prime Agricultural land (outside the Primary Production Land identified in Table 1) represent assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

 

The xxx location of ‘non-contiguous’ and prime agricultural land is included shown on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Prime agricultural land (classes I, 2 and 3 as identified by NSW Agriculture) outside the Primary Production Land (Table 1)   Assess nNon-contiguous State or /Regionally Significant farmland and prime agricultural land (classes I, 2 and 3 as identified by NSW Agriculture) outside the Primary Production Land (Table 1)	Prime agricultural land classes 1, 2 & 3 (2001 BSC)     Northern Rivers Farmland Project (2005) : non-contiguous lands	NSW Dept Primary Industries         NSW Dept of Planning & Environment / NSW Dept Primary Industries Northern Rivers Farmland Project

 

For strategic planning purposes non-contiguous State/Regionally Significant farmland and Prime Agricultural land (classes I, 2 and 3 as identified by NSW Agriculture) outside the Primary Production Land (Table 1) represent assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

 

 

4.3     Biophysical Strategic SAL Agricultural Lands

The NSW Government introduced the Strategic Regional Land Use Plans to better manage the potential land use conflicts arising from the location of our high quality agricultural land, and the mining and coal seam gas (CSG) industries. Mapping of high-quality agricultural land capable of sustaining high levels of productivity, known as biophysical strategic agricultural land (BSAL), has beenrepresents an important component resource of for managing potential land use conflictsthe planning process.  Certain activities proposed within BSAL areas  Inare subject to an additional level of investigation at the rezoning stage. In Byron Shire the amount of land identified as BSAL equates to approximately 9580 hectares.

 

The xxx location of BSAL is included shown on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Assess Biophysical strategic agricultural land (BSAL)	Biophysical strategic BSAL (2014)agricultural land	NSW Dept of Planning & Environment

 

For strategic planning purposes BSAL represents assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

 

 

 

Key Tourism Asset – major event venues

Byron Shire has an established tradition of fostering live music, from new bands playing at local venues to international acts performing at sold-out venues of Northern Parksland (Yelgun) and Blues Fest (Tyagarrah).  Live music makes an important contribution to the diverse social and cultural fabric of our Shire.

 

It plays a crucial role in developing music careers and nurturing talent; creates a rich social environment for Shire to discover new acts or see their favourite bands; and provides considerable economic benefits for the Shire, with many people employed directly or indirectly in the industry.

 

Major Event Venues represent a significant capital investment for the Shire. Their location, design and operation has been planned to address issues such as risk to the environment and traffic impacts. 

 

Proximity to these venues is an important consideration for future rural development due to potential land use conflict including traffic, lighting and noise. A key means for managing this conflict is the use of separation buffers.

 

Land part of a buffer has been included on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Asses noise buffer, traffic or diminishment of tourism values	Creating a new data map of Major Event Sites	Byron Shire Council

 

For strategic purposes that all land within  …………….buffer of identified Major Event Sites (refer to Map link) represent assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

 

 

S4.4   Scenic Amenity and Rural Landscape

The basic premise of rural settlement is that the 'rural character' of an area should be retained or, conversely, any human elements introduced (eg dwelling houses; tourist facilities) introduced should not dominate the scene. Inappropriately located development can ultimately destroy the very scenic amenity of an area which attracted residents or visitors in the first place. Preserving the dominant landscape features or scenic characteristics of an area is fundamental to ensuring that the visual rural qualities of the Shire are not further diminished by future rural development.

 

Community feedback on the discussion paper identified a strong value in ensuring our prominent rural landscape features are not dominated by buildings. These features include prominent ridges such as Coolamon Scenic Drive, Mt Chincogan and Nightcap National Park, bushland areas such as National Parks and Nature Reserves, major watercourses and advantage points such as Broken Hhead and Minyon Falls.  DCP 2014 Chapter C3 notes that impacts on view from public vantage points to important landscapes and iconic places (eg. Byron Bay Lighthouse) also should be considered.

 

The Byron LEP 1988 mapped some of the more prominent landscape features in a 7(d) Scenic/Escarpment Zone, Tthe xxx location of which is included shown on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Assess lLands of high scenic amenityand/or escarpment values	Land zoned 7(d) Scenic/Escarpment  Scenic Escarpment 7 (d) in Byron LEP 1998	Byron Shire Council

 

For strategic planning purposes all land zoned in the Byron LEP 1988 as 7(d) (Scenic Escarpment Zone) (refer to Map link ) represents an assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

 

 

Landslip Prone Land

In general, the factors which influence whether a landslide will occur typically include slope angle, climate, weathering, water content, vegetation, overloading and geology (particularly red and dark basalt). Many human activities that are often associated with residential or tourism development can contribute to an increased likelihood of landslip/mass movement and include:

·          removal of vegetation

·          interference with, or changes to, natural drainage

·          effluent disposal and leaking pipes

·          modification of slopes by construction of roads, buildings, etc

·          overloading slopes

 

 

Council….. refer to our data source  **discuss to Blythe**

 

 

The xxx is included on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Assess lands of high landslip risk	Land Slip BSC 20//	Byron Shire Council

 

 

 

4.5     Category 1 & 2 Bushfire Vegetation – refer to discussion in 3.6 above

 

For strategic planning purposes all land ……………………(refer to Map link ) represents an assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

 

(Sources:     - Tweed Shire Council Rural Land Strategy 2014

-     http://www.ga.gov.au/scientific-topics/hazards/landslide/basics/causes

-     Design Guidelines for On-Site Sewage Management for Single Households Byron Shire
                   Council Doc #491166)

 

 

4.56    1:100 year Flood Risk 100yr and Climate Change;, and
 Coastal Erosion Planning Prone Precincts 1 and 2

The Northern Rivers Region has a warm subtropical climate reflected by a high annual rainfall with a pronounced wet season from December to April. During this season, the region is susceptible to the effects of cyclonic activity to the north which can bring considerable rain to the area that can result in flooding and/or coastal erosion.

 

The CSIRO predicts as a result of anthropogenic climate change, summer rainfall to will be more extreme and frequent, cyclones will be less frequent and move further south and sea levels will rises. The best projections of sea level rise along the NSW coast, relative to 1990 sea levels, are 40cm by 2050 and 90cm by 2100.

 

Floodplain management and coastal erosion prone planning precincts aim to reduce the impact of floods and erosionstorm events on individual properties and the community as a whole. They provide an integrated approach which takes into account the risk and consequences of storm such events as well as the social and environmental issues relating to their mitigation/management.

 

 

The Land that is flood prone and/or located within a xxx coastal erosion planning precinct is included shown on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Flood prone land  / coastal erosion planning precincts Assess the capacity for development to be safe and not require mitigation measures	1:100 year Flood Prone Lands (including climate change data, where available)   (BSC?) Coastal Erosion Planning Precincts 1 & 2 (BSC ?)	Byron Shire Council

 

 

For strategic planning purposes land having a 1:100 yr flood risk and/or contained within a Coastal Erosion Planning Climate Change Erosion Prone Precinct 1 & 2 (refer to Map link) represents assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

 

 

4.67    Vehicle Access Safety and /Risk

Critical infrastructure at the time ofduring a disaster event includes our roads and bridges. Every year people in Australia are hurt, or die, trying to reach their homes and/or safe places at times of natural disaster. In Byron Shire access during natural disasters can be restricted by flooding, bushfire and landslip. Floodwaters are treacherous,  and the dangers are can be hidden beneath the surface, bridges can be washed out, and bushfires can easily block roads with fallen vegetation or power poles. Landslips take time to clear and can leave residents without practical access for extended periods. The impacts of a disaster event on essential access roads can have be far reaching long term affects for not only the for residents directly affected but as a social and economic cost to the wider community.

 

The Byron Shire Council Local Disaster Plan 2008 requires consideration of mitigation and prevention strategies in regulating property development, including consideration that some hazard impacts may require the partial or complete evacuation. Future rural development, should be located where people are providedin areas with the best possible reliable and safe road access, route particularly should the need for evacuation arise to evacuate people at risk.

 

For strategic planning purposes land having single road access through: 'high' fire risk -  Category 1 bushfire vegetation or sites having a history of landslip are assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

 

(Sources:  Byron Shire Local Disaster pPlan 2008;  Emergency Risk Management Study 2008)

 

 

The xxxRoads particularly vulnerable bushfire and/or landslip risk is includedare shown on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Assess vVulnerability of essential access road’s to high bushfire hazard and/or landslip risk : Flooding - 1yr event with closure extending in excess of 6 hours , Bushfire Categ 1,  or landslip to ensure adequate evacuation routes	Creating a new data mMap using flooding, bushfire hazard and landslipdisplaying the following layers: -        Category 1 bushfire vegetation -        Landslip history bridge integrity failure risk  due to flooding washouts	Byron Shire Council

 

For Strategic planning purposes land having a singular road access through 'high' fire risk -  Category 1 or through a 1 yr flood risk with a closure period in excess of 6 hours or landslip prone road section (refer to Map link) represents an assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

 

(Sources:  Byron Shire Local Disaster plan 2008;  Emergency Risk Management Study 2008)

 

 

 

4.78    Wildlife Habitat and Corridor Enhancement

A network of natural, semi natural and engineered assetsGreen infrastructure provides a range of ecosystem and community benefits, . These includinge:

·          offsetting environmental impacts;

·          mitigating the impacts of climate change;

·          enhancing biodiversity and site aesthetics; and

·          reconnecting people with nature.

 

SEPP 44 aims to encourage the proper conservation and management of areas of natural vegetation that provide habitat for koalas to ensure a permanent free-living population over their present range and reverse the current trend of koala population decline:

 

Connected Wwildlife corridors are an important component of green infrastructure are intended tothat can improve habitat resources and assist species to move across a landscape through increasing vegetation cover.  They can also minimise impacts (direct or indirect) from adjoining land uses and on native vegetation, habitats and ecosystems and to encourage the recovery of threatened species, communities, populations and their habitats.

 

The xxx location of broad wildlife corridors in the Shire is included shown on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Assess the positive and negative impact associated with development onPotential / Future wildlife corridors (not including HCV areas identified in Table 1)	Wildlife corridor and habitat map (BSC 2007)	Byron Shire Council

 

For strategic planning purposes all land within an identified wildlife habitat and corridors (refer to Map link ) represents an assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

 

 

4.89    Indigenous Cultural Heritage

 

Section117 Planning Direction 2.3 – Heritage Conservation aims to conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance.  As Council does not have an adopted Aboriginal Heritage Study in place,  any future investigations of potential development land will require consultation with relevant traditional owners (where applicable) in accordance with a formal process established as a part of the new Rural Land Use Strategy.

 

For strategic planning purposes indigenous cultural heritage represents an assessable matter requiring more detailed investigation prior to further consideration as potential future rural development.

 

 

 

 

5        Service Catchments and Road Infrastructure Prioritiesy for
Rural Development Land Release

 

A key element of strong communities is the ability for people to access basic services and maintain and enhance connections with each other both socially and economicallywhile reducing environmental, economic and social impacts.  For this reason certain forms of future rural development

should be located close to villages and towns.  This is particularly important when planning for future rural lifestyle living opportunities, which also should be capable of providing a standard of road infrastructure (both condition and capacity) that does not place a financial burden on the wider community. 

 

The criteria as listed in Table 3 above, that result in certain land being identified as a priority for future rural development are outlined below.

 

5.1     Service Catchment Priorities

 

Facilities, services and networks which help individuals, groups and community to meet their economic and social needs and enhance their well being are important as they strengthen communities and add value to our quality of life.

 

Shops, schools, and parks, playing fields, community halls and major school bus stops are important to our rural residents as they bring people together to physically connect and feel a sense of belonging.  They are the key components of any rural service catchment.   Service catchment planning can provide economic benefits through reduced travel times, distances and fuel consumption as well as greater economies in service provision (eg rural school bus service).  Over time this approach will serve to strengthen existing communities instead of creating isolated settlements dependent on other communities.

Recognising service catchments also has economic benefits in facilitating opportunities to  minimizing fuel consumption through trip sharing, reduce travel times and distances and economies in service provision such as a rural school bus service.  

 

For strategic planning purposes a service catchment  is approach has been applied using a

(i) 5 km radius from the general post office in a urbana town containing a high school and (ii) a 2 km radius from a public primary school, neigbourhood (general) store (where available) otherwise a  public primary school and/or community hall in villages and rural settlements. This is consistent with the service catchment rationale and distances applied in the Byron Rural Settlement Strategy 1998. 

 

The Priority service catchments areas are included shown on Map XXXX of Appendix X. The data used to inform this map is:

 

Description	Data layers used	Data custodian
Service Catchment Priorities (future rural development land)   Assess location relative to service catchment to determineDevelopment priorities based on proximity to town and village service catchments as follows: ·      Priority 1: Unconstrained land within 5 km of a town containing a high school (Mullumbimby and Byron Bay) or 2km of a rural village, public primary school, general store or community hall catering to the needs of that locality ·      Priority 2: Assessable land within 5 km of a town containing a high school (Mullumbimby and Byron Bay) or 2km of a rural village, public primary school, general store or community hall catering to the needs of that locality ·      Priority 3: Unconstrained  land outside  a service catchment   Unconstrained land within 5 km from urban town or 2km from nearest general store, rural (public) primary school, and/or community hall   Assessable land within 5 km from urban town or 2km from nearest general store, rural (public) primary school, and/or community hall   Unconstrained  land outside  a service catchment	Creating a new data map : 2km/5km  radii as the “crows flies   Servicing catchments - those areas within 2km of a rural village, public primary school, general store or community hall or within 5 km of a town containing a high school (Mullumbimby and Byron Bay)2 km of a smaller social centre (ie. a village or community which contains a primary school or a general store catering to the needs of that locality) or 5 km from the major town centres of Mullumbimby and Byron Bay containing a high school.	Byron Shire Council

 

 

For strategic planning purposes all unconstrained land or assessable land within a service catchment represents the highest priority land for further consideration as potential future rural development.

 

 

 

 

5.2     Road Infrastructure Prioritiesy  for future rural lifestyle living opportunitiesLand based on Road Cost of upgrades

 

 

Our rural localities are interconnected by an extensive large road network of roads that is expensive to maintain. A Within this network of are many narrow roads that linkcrawls through the rural hinterland  linking to our the small villages, and towns and rural areas. Any future rural development in the Shire future rural lifestyle living opportunities isare likely to require an improvement to roads and basic services to accommodate the additional population. This not only has economic implications for those localities where future rural development occurs, but also for the wider community as a whole. As such, servicing and infrastructure servicing considerations must be investigated in terms of their Shire wide economic sustainability.

 

It is important that future rural development isFuture rural lifestyle living opportunities should be designed located to become more self-reliant in the provision of basic infrastructure or and be based on the user-pays principle. While many areas may be physically and ecologically capable of future rural development, the road costs of servicing such development are clearly beyond the ability of developers to pay and wouldmay require considerable subsidy from the broader community. Such a subsidy is considered an inequitable and inefficient use of Council’s limited financial resources and is therefore may be unacceptable to the community.

 

For strategic planning purposes future rural lifestyle living opportunities should only occur within a 2km or 5km service catchment (as defined above) and all unconstrained land or assessable land within a service catchment be able to provide an acceptable level of road infrastructure at no cost to the wider communitywith a Category 1 Road represents the highest priority land for further consideration as potential future rural development.

 

 

The xxxRoad condition and traffic capacity information  is included on Map xx of Appendix XX.  The data used to inform this map is:

 

Description	Data layers used	Data custodian
Road Infrastructure Assessment (Future rural lifestyle living opportunities) Assess service road upgrade priorities and potential costs to determine:   Assessment of service catchment priorities in 5.1 against: Ø condition / traffic capacity of relevant road network; Ø costs to wider community of proceeding with potential rural lifestyle living precincts.   This determines land suitability in the following order of priority:   ·      Priority 1 & 2 service catchment areas – relevant roads segments can be upgraded to required standard at no cost to wider community. Priority 3 land is unlikely to be considered for future rural lifestyle living opportunities within the timeframe of this strategy. Priority 1 - Unconstrained land within service catchment with Category 1 Road   Priority 2 - Assessable land within service catchment with a category 1   Priority 3 - Unconstrained  land outside  a service catchment with a Category 1 Road	-  2015 Road condition investigations assessment using Roughness (NAASRA), Rutting (PRI) and Texture values and costing (BSC 2015); -        Road Performance Indicator Analysis to determine 10 worst performing roads (2015) -        Pavement thickness and traffic capacity assessment of relevant road sections	Byron Shire Council

 

 

-           

 

 

 

 

 

 

 

Indigenous Cultural Heritage

 

The Objective of S117 Planning Direction- 2.3 Heritage Conservation is to conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance.

 

For strategic planning purposes any future investigations of potential development land will require consultation with relevant traditional owners in accordance with a Consultation Policy Process (established as a part of the strategy) and represents an assessable matters requiring more detailed investigation prior to further consideration as potential future rural development.

 

 

 

 

 

 

 

***********************************************************************************************

 

 

Glossary

 

Constrained  Land = areas where any of the criteria listed in Table 1 are present; considered unsuitable for future rural development as they includes important environmental and resource values and/or issues of risk avoidance.

 

Assessable Land = areas not encumbered by any of the Constrained Land criteria in
Table 1 but potentially affected by one or more of the criteria listed in Table 2; encompasses environmental, economic and/or risk avoidance criteria which may not necessarily preclude future rural development on the land but rather indicate a need for more detailed site specific investigations to determine the site’s full development potential.

 

Future rural development = potential land for rural tourism, future rural living lifestyle opportunities and other non-agricultural land uses

 

Glossary

 

 

Assessable land

 

 

Constrained land

 

 

Future Rural Development

 

 

General store: is a neighbourhood shop used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.

 

 

 

 

 

 

 

 

Alex I Stopped here as not sure if we are going to include

Appendix A

 

Agricultural Land Use Buffer Designation

 

Land uses are taken from the brief description in the farmland rating spreadsheet. The agricultural use that requires the greatest buffer has been the determinant for list of uses. Note the land parcel may have other uses, but the buffer requirements are of a lesser value.

 

Buffers

Limitations

Considering the complexity in determining a safe buffer distance applicable to multiple situations it is important that the design of buffer areas is based on the best possible evidence and is conservative in its approach.

Safe application of chemicals, design and use of spray technology/equipment and requirements under existing legislation are not specifically covered by this document. Buffers are not substitutes for good spray management practices.

Establishment and maintenance of buffer areas

New residential developments should protect the rights of the existing agricultural producers to continue to perform farming activities on their land.

The following buffer distances have been applied to minimise impacts on public health:

Guidelines are based on DPI standards and have been tailored to Byron Shire as follows Industry	Buffer Distances to residential areas – includes urban/rural res/multiple occupancy and community title	Buffer Distances to rural tourist accommodation
Grazing	50 m	50m
Dairy shed	500m	100m
Holding paddocks	500m	300m
Feedlot	1000m
Piggery shed	1000m	500m
Piggery free range	Advice required
Poultry shed	500m	500m
Poultry free range	Advice required
Green house and controlled environment horticulture – includes nursery/cut flowers	200m	200m
Orchards – Bananas	150m	150m
Orchards – Coffee	Advice required	Advice required
Orchards – Other *	500m* Advice required
Macadamia	300m	300m
Market Gardens*	300m* Advice required	300m
Turf-farms and lawns	300m	200m

 

Future rural lifestyle living opportunities = refers to conventional rural residential subdivision, multiple occupancies and rural community title subdivision

 

Conventional Rural Residential subdivision – refers to the traditional or “single lot” form of subdivision of lots under Torrens Title (or freehold land) that is common to many rural residential estates in Byron Shire; often not associated with any form of agriculture.

 

Multiple Occupancies = are a form of rural settlement which enables a group of people to collectively own a single allotment of land and use it as their principal place of residence. Common ownership of land is established through tenants in common, trust membership, co-operative shareholding, company shareholding or partnership.

 

Rural Community Title Subdivision = where there is internal (freehold) ownership of rural house lots and common ownership of residue land containing driveways, access roads, shared facilities etc.

 

Future rural tourism development = rural tourist cabins, bed & breakfast establishments, etc. used for short term accommodation.

 

Future urban development = land used for urban purposes including residential, industrial and commercial activities.

 

Source : West Australian Department of Public Health 2012 -

The above are provided to identify potential lands for exclusion for consideration for residential development or other sensitive uses. They are not meant to be absolute and may be varied on closer examination where such lands, meet the appropriate criteria for residential development all for the buffer criteria. In this situation the following assessment approach may be adopted:

1. Where land is being considered for subdivision or residential development a closer examination of the characteristic of the agricultural activity and the terrain will be required.

2. Matters to be considered include the existence and location of surrounding land uses, including viticultural and agricultural activities, and site the development in a position which will not result in the potential for land use conflict between neighbouring land uses.

3. Applications for a site being developed for residential purposes are to include buffer areas that are planned and funded by the proponent of that development, unless otherwise determined by mutual agreement with existing land owners (including land owned by State and Local Authorities).

4. Buffer areas should apply from the boundary to boundary of the conflicting land uses.

5. Consideration needs to be given to the time in which an area remains “mixed use”. Buffer areas may be temporary and can be reserved for pubic open spaces or further residential development should conflicting agricultural land use has ceased. Residential subdivision applications may include future residential lots that will fall within the buffer area that will be constructed only should neighbouring agricultural activities have ceased.

6. Persons intending to live in or adjacent to an agricultural land use area need to be fully informed of the agricultural practices and their potential impact on health or amenity before they settle into the area.

7. Where a vegetative buffer is planned, the proposals must state who is responsible for planting and maintaining the buffer area vegetation. The vegetative buffer needs to be planted and established before building approval is granted. A legal agreement must be established that specifies the legal and ongoing obligations on the developers, local government and landowners.

8. Any alternative design is based on a thorough analysis of the specific site conditions by an appropriately qualified expert.