Deferred Matters Lands Planning Proposal

Following consideration of public submissions the Deferred Lands are lands currently excluded from the CCLEP 2022. These lands are subject to the provisions of historic planning instruments which have been in place for approximately 50 years. These instruments include Interim Development Order 122 (IDO) and Gosford Planning Scheme Ordinance (GPSO), which prescribe zones and development standards for the deferred lands. 

The Standard Instrument (Local Environmental Plans) Order 2006 requires all Local Environmental Plans to be standardised across NSW. A number of zone provisions in the current IDO and GPSO planning instruments do not align wholly with the provisions in CCLEP 2022. The lands have been excluded from the CCLEP up to this point to allow further assessment of the most appropriate equivalent zone under the CCLEP 2022.

The Deferred Lands are located east of the M1 Pacific Motorway, south of Ourimbah and are those lands excluded on the CCLEP 2022 Land Application Map.

The majority of the land uses within the Deferred Lands is characterised by rural-residential, hobby farms and conservation lifestyle blocks. There are approximately 3,438 land parcels that are currently deferred lands. The vast majority of this land is currently zoned 7(c)2 - Scenic Protection – Rural Small Holdings or 7(a) Conservation. 

The Deferred Lands Planning Proposal aims to incorporate the Deferred Lands into CCLEP 2022 assigning ‘like for like’ zoning and development standards based on the existing zones and environmental attributes of each land parcel.

The review is guided by the Department of Planning Practice Note PN 09-002 Environmental Protection and is consistent with the  Central Coast Regional Plan 2041 and Council’s Local Strategic Planning Statement and is consistent with the Community Strategic Plan.

The Planning Proposal establishes a methodology for the conversion of existing historic zones into contemporary zones that align with the CCLEP 2022. The Planning Proposal is accompanied by spatial mapping with the proposed zoning and minimum lot size for each parcel of land. 

The proposal aims to retain the high environmental value of land for protection and conservation while allowing existing dwelling entitlements to be retained. Land is proposed to be zoned either C2 Environmental Conservation, C3 Environmental Management or C4 Environmental Living or a combination of these.

An example map of how the zone conversion has been applied can be viewed via the following link:

• Example – Zone Conversion

The Conservation Zones, C1 through to C4, are applied where the protection of the environmental significance of the land is the primary consideration. The NSW State Government Environmental Zones are guided by criteria in PN 09-002 and include:

• C1 National Parks and Reserves – this zone is for existing national parks, nature reserves and conservation areas and new areas proposed for reservation that have been identified and agreed by the NSW Government.
• C2 Environmental Conservation – this zone is for areas with high ecological, scientific, cultural, or aesthetic values outside national parks and nature reserves. The zone provides the highest level of protection, management and restoration for such lands whilst allowing uses compatible with those values.
  The Environmental attribute assessment undertaken as part of the review of deferred lands has identified appropriate locations for C2 Environmental Conservation zones.
• C3 Environmental Management – this zone is for land where there are special ecological, scientific, cultural, or aesthetic attributes or environmental hazards and processes that require careful consideration and management.
• C4 Environmental Living – this zone is for land with special environmental or scenic values and accommodates low impact rural residential development. 

A split zone is where different land zones apply to a single allotment. Split zones can distinguish areas of high environmental value on the land from areas of less environmental value.

This is consistent with the PN 10-001 which requires local roads to be zoned as per adjoining land. In some instances, this means that some small areas of Deferred Matters Land (i.e. roads) will be rezoned to a residential zone to reflect the adjoining zoning of land that is currently located within CCLEP 2022. 

Minimum lot size controls will be maintained as is currently provided in general in the Central Coast Local Environmental Plan 2022, as follows:

• Zone C2:  40ha
• Zone C3:  40ha
• Zone C4:  2ha

In general, this is a like for like process and the minimum lot size for the subdivision of land will not change as part of this process as it is outside of the scope of this project which is essentially a zone conversion process.

Under CCLEP 2022 dwelling houses are prohibited in the C2 Zone. As the C2 Zone is only applied to land of high ecological value. The zoning will not be applied to dwelling houses and surrounds. This land will be zoned either C3 or C4. In some instances, this will mean existing lots will have two zonings applying to them.

There is existing land under CCLEP 2022 zoned C2 where dwellings are permissible under CCLEP 2022 Cl. 7.21 and identified on the CCLEP 2022 Dwelling Opportunity Map. This differentiation in the application of the C2 Zone is a legacy of the consolidation of GLEP 2014 and Wyong LEP 2013 which will be addressed in a future LGA wide review of Environmental Controls.

There is no change to the provisions applying to the C2 land under CCLEP 2022. Dwelling houses will remain permissible in the C2 Zone under the LEP where they are currently permissible.

The planning proposal does not include land identified as existing COSS. All Council owned COSS land was converted to the C2 Environmental Conservation Zone under CCLEP 2022. 

The objectives and scope of the Deferred Lands Planning Proposal is to phase out historic planning controls and ensure that all the Deferred Lands are aligned to the most appropriate contemporary Standard Instrument zone.

Investigation for additional supply of residential land is outside the scope of the planning proposal. Council is in the process of finalising its draft Local Housing Strategy (LHS). Council’s LHS looks at the housing issues which exist on the Central Coast and provides numerous strategies and actions to increase the supply and diversity of housing. The LHS also focusses on ensuring that appropriate locations are identified to provide future residential development and it also includes actions which seek to increase the density and mix of housing in the right locations. 

Most of the Deferred Matters Lands are characterised by rural-residential land uses and due to land scarcity on the Central Coast, there will only be limited opportunities to expand the supply of rural-residential land. Detailed site specific studies and other appropriate supporting information would be required for Council to be able to consider significant changes in the development potential of the Deferred Matters Land. This falls outside of the scope of this project.
 

IDO 122 contains provisions that allows a variation in minimum lot size of 7c2 zoned land from 2Ha to 1Ha subject to the dedication or conservation of a set amount of 7(a) zoned land that is contained on the existing parcel or a cash contribution to allow Council to purchase and maintain similar land. While the possibility of dedication of land within the existing parcel can and is being retained through Cl. 4.1E of CCLEP 2022, a cash contribution in lieu of land dedication on-site cannot be carried over into contemporary Planning Instruments such as CCLEP 2022. This will mean that some landowners who may have been able to subdivide their land under the IDO provisions will not be able to do under the new proposed zones and would need to consider the Local Environmental Plan Amendment Process to seek a change to the planning provisions applying to the land.

Any approved use that is no longer permitted, can continue to operate under the existing use right provisions of s. 4.65 – 4.70 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

Initially refer to the methodology being applied under the Planning Proposal. If you believe your land has been incorrectly classified contact Council through the “Have Your Say” process identified on this page.

If a development application has been made before the commencement of the plan and the application has not been finally determined, the application must be determined as if the plan had not commenced.

Following public exhibition, the Planning Proposal will be reported to Council for consideration. The Planning Proposal is categorised as a Principal Planning Proposal under the Department of Planning and Environment’s Local Environmental Plan Making Guideline. The benchmark timeframes for finalisation of a principal LEP following public exhibition is approximately 5-6 months.

Yes. Currently vegetation management issues are the responsibility of Local Land Services within the Deferred Matters area. This will revert to Council once these lands are under a Standard Instrument Zone under CCLEP 2022.

Attached dual occupancy development is already permissible on much of the Deferred Matters Lands. Under Central Coast Local Environmental Plan (CCLEP) 2022 secondary dwellings and dual occupancies (attached and detached) are permissible with Council Consent in the C3 and C4 zones. Therefore, these land uses will become permissible on land that is moved to one of these zones. Development applications for these land uses on this land cannot be lodged until the new zones are in place.  It should be noted that subdivision of secondary dwellings or dual occupancies is prohibited in the C3 and C4 zones. 

Proposed Secondary dwellings on C3 or C4 land require Council consent and must comply with controls in CCLEP 2022 Cl. 5.4(9) and Central Coast Development Control Plan 2022 Chapter 2.1 Dwelling Houses, Secondary Dwellings and Ancillary Development, notably sections:

• 2.1.3.2 Setbacks - Large Lots
• 2.1.4 Residential Amenity 
• 2.1.8 Secondary Dwellings

In summary, secondary dwellings cannot be located any closer to the neighbouring boundary than a house can be and must consider amenity and would need approval for any clearing of vegetation.
 

Proposed Secondary dwellings on C3 or C4 land require Council consent and must comply with controls in Central Coast Development Control Plan 2022 Chapter 2.2 Dual Occupancy and Multi Dwelling Housing, notably sections:

• 2.2.12 Dual Occupancy in Rural and Environmental Living Zones
• 2.2.7 Residential Amenity

In summary, as per secondary dwellings, there are restrictions on location of dual occupancy development and strict controls for vegetation clearing under Council’s Vegetation Management Development Control Plan and the The Biodiversity Conservation Act 2016.
 

Both secondary dwellings and dual occupancy development are permissible in the C3 and C4 Zones across the rest of the Central Coast LGA and there has not been a significant impact noted since these provisions came into force. Attached dual occupancy development is already permissible on much of the Deferred Matters Lands. 

There have been many enquiries about secondary dwellings from landowners looking to downsize but stay/age in place. Many other enquiries have been about the conversion of existing structures for use as secondary dwellings.
 

This Planning Proposal does not change the considerations of the application of the 10/50 rule for property management. Refer to the RFS Website to ascertain how these provisions apply to your land.

The proposal relates to the land use zoning of privately owned land and does not have any influence on the use or maintenance of Council owned land.

The C2 zone boundary to C3 or other zone has been established using the most recent vegetation mapping available to Council as well as mapping of sensitive lands produced by the NSW State Government. The zone boundaries were further examined against aerial photography to ascertain accuracy of the vegetation mapping. 

There are potentially instances where the proposed C2 boundary may not be considered appropriate by the landowner. In such instances landowners are encouraged to contact Council staff for further discussion and to lodge a submission for the zone boundary location to be reviewed. All such requests will be reviewed prior to the outcome of the public exhibition being reported to Council and this process may or may not require site inspection. 
 

Existing lawful access to a dwelling house or other approved development can be retained and maintained.