DUNGOG LOCAL ENVIRONMENTAL PLAN 1990 - SCHEDULE 1

This legislation has been repealed.

DUNGOG LOCAL ENVIRONMENTAL PLAN 1990 - SCHEDULE 1

SCHEDULE 1 – Aims, objectives etc

(Clause 2)

1 General

The aims, objectives, policies and strategies of this plan are:

(a) generally:

(i) to provide for the orderly and balanced allocation of rural land resources in the Dungog Shire,

(ii) to maintain the best agricultural land in commercial production and to prevent its fragmentation into small and uneconomic lots,

(iii) to encourage the efficient use of all agricultural land and to maintain the integrity of all agricultural activities,

(iv) to permit rural subdivision in areas which support the use of existing services in an economic and efficient manner whilst preserving and encouraging the growth of rural-residential areas with good access and high residential amenity;

(v) to provide a range of holdings to meat the changing needs and demands of rural dwellers,

(vi) to protect areas worthy of conservation for their natural, scenic, scientific, archaeological, cultural or historic significance,

(vii) to protect regional and local water catchment areas and groundwater reserves,

(viii) to protect the Shire's resource base in timber, mineral and extractive materials,

(ix) to prevent subdivision in areas liable to hazard, whether bushfire, geological, soil erosion, flooding or other hazards,

(x) to maintain planning constraints consistent with the relevant legislative requirements,

(xi) to take account of the physical nature of the local environment so that development is in harmony with that local environment, and

(xii) to maintain the rural atmosphere of the Shire and to maintain privacy and fire protection for buildings within the Shire by placing restrictions on the siting of buildings, and

(b) more specifically:

(i) to permit the subdivision of non-prime agricultural land subject to environmental suitability, cost effectiveness and economic demand,

(ii) to permit development subject to its being in the overall social and economic interest of the community and the Shire, rather than just an individual or small group vested interest,

(iii) to maximise the use of existing services,

(iv) to minimise further social and economic costs to the community associated with isolated rural-residential holdings,

(v) to provide for equitable cost-sharing of public services and facilities,

(vi) to implement a "user pays" principle for development generally, in terms of the provision or upgrading of public utilities and services and the increased hazard factors from soil erosion, waste disposal, geological hazard, bushfires and the like, so that existing landowners are not disadvantaged by, nor subsidising, new developments,

(vii) to minimise the administrative costs of the Council in relation to dealing with development applications, and

(viii) to encourage economic growth.

2 Utilities

The policies of this plan in relation to public utilities are:

(a) to provide for appropriate and efficient utility systems,

(b) to encourage development in areas which support the use of existing utility services, and

(c) to ensure that future developments provide or contain all the utility services that are required by or may reasonably be required by such developments or resulting developments.

3 Housing

The policies of this plan in relation to housing are:

(a) to encourage sufficient variety of residential lot sizes and locations so that choice in the area is possible within the limitations of market forces,

(b) to ensure that the physical design of residential development is appropriate to the needs and values of the community,

(c) to consider opportunities for innovative and experimental housing and living styles, and

(d) to ensure adequate and convenient vehicular access from dwellings to destinations outside the area and to all necessary resources within the area.

4 Drainage

The policies of this plan in relation to drainage are:

(a) to ensure the provision of an adequate, safe and environmentally sound stormwater disposal system within existing and proposed new developments,

(b) to minimise the instance of any inconvenience resulting from flooding, and

(c) to minimise the impact of stormwater runoff from all developments on existing drainage patterns, and, in particular, on the magnitude and character of downstream flows.

5 Groundwater

The policies of this plan in relation to groundwater are:

(a) to protect the quality and quantity of groundwater resources within the Shire, and

(b) to regulate the impact of further demand on existing groundwater users.

6 Land resources

The policies of this plan in relation to land resources are:

(a) to ensure that the principles of erosion control apply to all intensive and extensive farming practices, active and passive land use, and to all developments on or under the surface of the land,

(b) to allow landholders to manage cropping and grazing land to maintain productivity, minimise environmental degradation and to protect non-agricultural resources,

(c) to ensure that all development reduces or does not worsen the effects of the erosion processes occurring before the development occurred,

(d) to ensure the protection of land resources on marginal lands while allowing for sustainable development of those lands,

(e) to permit forestry operations where environmental protection measures are employed to prevent landscape, soil, floral and faunistic degradation, and

(f) to protect the quality and yield of water supplies whilst ensuring an acceptable degree of drought resistance through better management practices.

7 Environmental protection

The policies of this plan in relation to environmental protection are:

(a) to enhance the scientific, floristic, faunistic, cultural, archaeological and heritage resources of the Shire,

(b) to enhance the local environment, minimise the loss of protection given to native flora and fauna and to conserve the essential ecological processes on which the community depends,

(c) to encourage tree preservation to provide wildlife refuges and wildlife corridors and preserve the scenic quality of the Shire,

(d) to maintain road easements as wildlife corridors and vegetation reserves consistent with the function of providing access,

(e) to control recreational uses of the Shire to protect the environment,

(f) to ensure a high standard of rehabilitation is undertaken in association with mining and extractive industries,

(g) to ensure that public utilities are located so as to minimise the loss of the ecological resources of the Shire,

(h) to protect the aquatic environment from pollution or resource degradation, and

(i) to control pests and weeds within the Shire so that non-target organisms are not affected.

8 Reticulated water and sewerage facilities

The policies of this plan in relation to reticulated water and sewerage facilities are:

(a) to encourage development which maximises the efficient and economic use of the existing reticulated water and sewerage facilities,

(b) to encourage further development as referred to in paragraph (a) in areas which can be economically served by an augmentation of the existing reticulated water and sewerage schemes,

(c) to discourage extensions of the reticulated water supply scheme into areas which cannot economically or efficiently utilise the existing or an augmentation of the reticulated sewerage scheme unless satisfactory alternative means are provided for sewage disposal, and

(d) to ensure that all the costs associated with the provision of reticulated water and sewerage or alternative sewage disposal facilities, including the costs of all the necessary upgrading of the existing facilities, are met by the developer.

9 On-site effluent disposal

(1) The policies of this plan in relation to on-site effluent disposal are:

(a) for domestic effluent disposal:

(i) where only one household disposes of greywater or blackwater, or both, the effluent disposal must conform to the guidelines and standards set by the relevant statutory authority for such disposal,

(ii) where more than one household disposes of greywater or blackwater, or both, then either:

(a) the guidelines and standards set under paragraph (a) (i) will apply, or

(b) when the standards set under paragraph (a) (i) cannot be met, an approved package sewage treatment plant must be used for on-site disposal according to the guidelines and standards set under paragraph (a) (i), and

(b) if the guidelines and standards set under paragraph (a) (i) are met appropriate technological alternatives for disposal of greywater and blackwater may be undertaken.

(2) Toxic and industrial effluent wastes are to be disposed of according to the standards and guidelines of the relevant statutory authority.

10 Rural domestic water supplies

The policies of this plan in relation to rural domestic water supplies are:

(a) that water-using appliances and fixtures should be based upon the application of appropriate technology to minimise water usage,

(b) that adequate rainwater collection and storage capacity is provided consistent with domestic and bushfire fighting requirements, and

(c) that the Council may accept an alternative means of complying with the requirements of paragraph (b) provided satisfactory evidence is provided to support that alternative.

11 Bushfire protection

The objectives and policies of this plan in relation to bushfire protection are:

(a) to encourage long term policies for the protection of new developments from the hazards of bushfires, including:

(i) the evaluation of the bushfire hazard, and

(ii) the installation of adequate water supplies for the purpose of bushfire fighting,

(b) to permit intensification of development only in areas of medium or low bushfire risk,

(c) to ensure safety and efficiency in rural development by requiring developers and intending residents to fully consider rural bushfire safety, and

(d) to require the developer to meet all costs associated with determining bushfire hazard ratings and the costs associated with the reduction or modification in hazard rating due to appropriate development.

12 Environmental heritage conservation

The objectives and policies of this plan in relation to environmental heritage conservation are:

(a) to conserve the environmental heritage of the Dungog Shire,

(b) to integrate heritage conservation into the planning and development control processes,

(c) to provide for public involvement in the matters relating to the conservation of Dungog Shire's environmental heritage, and

(d) to ensure that new development is undertaken in a manner that is sympathetic to, and does not detract from, the heritage significance of the items and their settings, as well as street-scapes and landscapes and the distinctive character that they impart to the Dungog Shire.